FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The World Health Organization formally recognizes infertility as a disease, and the Centers for Disease Control and Prevention have stated that infertility is an emerging public health priority. (2) According to the Centers for Disease Control and Prevention, approximately 3,000,000 have infertility. (3) Medical insurance coverage for infertility treatments is sparse and inconsistent at the State level--only 8 States have passed laws to require comprehensive infertility coverage, and under those State laws most employer-sponsored plans are exempt; therefore, coverage for treatments such as in vitro fertilization is limited. According to Mercer's 2005 National Survey of Employer-Sponsored Health Plans, in vitro fertilization was covered by 19 percent of large employer- sponsored health plans and only 11 percent of small employer- sponsored health plans. Even in States with coverage mandates, out-of-pocket expenses for these treatments are significant. SEC. 3. CREDIT FOR CERTAIN INFERTILITY TREATMENTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 24 the following new section: ``SEC. 23A. CREDIT FOR CERTAIN INFERTILITY TREATMENTS. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified infertility treatment expenses paid or incurred during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount of qualified infertility treatment expenses which may be taken into account under subsection (a) for all taxable years shall not exceed $13,360 with respect to any eligible individual. ``(2) Income limitation.-- ``(A) In general.--The amount otherwise allowable as a credit under subsection (a) for any taxable year (determined after the application of paragraph (1) and without regard to this paragraph and subsection (c)) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable as-- ``(i) the amount (if any) by which the taxpayer's adjusted gross income exceeds $150,000; bears to ``(ii) $40,000. ``(B) Determination of adjusted gross income.--For purposes of subparagraph (A), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is taken under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that reimbursement or other funds in compensation for such expense are received under any Federal, State, or local program. ``(C) Insurance reimbursement.--No credit shall be allowed under subsection (a) for any expense to the extent that payment for such expense is made, or reimbursement for such expense is received, under any insurance policy. ``(4) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55; over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(c) Carryforwards of Unused Credit.-- ``(1) Rule for years in which all personal credits allowed against regular and alternative minimum tax.--In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(3) Limitation.--No credit may be carried forward under this subsection to any taxable year after the 5th taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. ``(d) Qualified Infertility Treatment Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified infertility treatment expenses' means amounts paid or incurred for the treatment of infertility via in vitro fertilization if such treatment is-- ``(A) provided by a licensed physician, licensed surgeon, or other licensed medical practitioner, and ``(B) administered with respect to a diagnosis of infertility by a physician licensed in the United States. ``(2) Treatments in advance of infertility arising from medical treatments.--In the case of expenses incurred in advance of a diagnosis of infertility for fertility preservation procedures which are conducted prior to medical procedures that, as determined by a physician licensed in the United States, may cause involuntary infertility or sterilization, such expenses shall be treated as qualified infertility treatment expenses-- ``(A) notwithstanding paragraph (1)(B), and ``(B) without regard to whether a diagnosis of infertility subsequently results. Expenses for fertility preservation procedures in advance of a procedure designed to result in infertility or sterilization shall not be treated as qualified infertility treatment expenses. ``(3) Infertility.--The term `infertility' means the inability to conceive or to carry a pregnancy to live birth, including iatrogenic infertility resulting from medical treatments such as chemotherapy, radiation or surgery. Such term does not include infertility or sterilization resulting from a procedure designed for such purpose. ``(e) Eligible Individual.--For purposes of this section, the term `eligible individual' means an individual-- ``(1) who has been diagnosed with infertility by a physician licensed in the United States, or ``(2) with respect to whom a physician licensed in the United States has made the determination described in subsection (d)(2). ``(f) Filing Requirements.--Married taxpayers must file joint returns. Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. ``(g) Adjustments for Inflation.-- ``(1) Dollar limitations.--In the case of a taxable year beginning after December 31, 2012, the dollar amount in subsection (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 2011' 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) Conforming Amendments.-- (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 24 the following new item: ``Sec. 23A. Credit for certain infertility treatments.''. (2) Section 36C(b)(4) of such Code is amended by striking ``section 25D'' and inserting ``sections 23A and 25D''. (3) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``23A,'' before ``24,''. (4) Section 25D(c)(1)(B) of such Code is amended by striking ``section 27'' and inserting ``sections 23A and 27''. (5) Section 1400C(d)(1) of such Code is amended by striking ``section 25D'' and inserting ``sections 23A and 25D''. (6) Section 1400C(d)(2) of such Code is amended by inserting ``23A,'' after ``23,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Family Act of 2011 - Amends the Internal Revenue Code to allow an income-based tax credit for 50% of qualified infertility treatment expenses. Allows $13,360 of such expenses to be taken into account for purposes of such credit for all taxable years. Defines "qualified infertility treatment expenses" as amounts paid for the treatment of infertility via in vitro fertilization if such treatment is provided by a licensed physician, surgeon, or other medical practitioner and is administered with respect to a diagnosis of infertility by a physician licensed in the United States.

A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit for the costs of certain infertility treatments, and for other purposes.

SECTION 1. COOPERATIVE EDUCATION. (a) Reservation for Continuation Awards.--The matter preceding paragraph (1) of section 802(b) of the Higher Education Act of 1965 (20 U.S.C. 1133a(b)(1)) is amended to read as follows: ``(b) Reservations.--From the amounts appropriated pursuant to the authority of subsection (a) for fiscal year 1993 the Secretary shall reserve such sums as are necessary to make grant awards in accordance with section 803(a)(6) for such year. From the amounts appropriated pursuant to the authority of subsection (a) and not reserved pursuant to the preceding sentence in each fiscal year--''. (b) Clarification Regarding Subsequent Participation of Certain Grant Recipients.--Section 803 of the Higher Education Act of 1965 (20 U.S.C. 1133b) is amended-- (1) in subparagraph (A) of subsection (a)(1), by striking ``that have not received a grant under this paragraph in the 10-year period preceding the date for which a grant under this section is requested''; (2) in the heading of subsection (c), by inserting ``; Subsequent Participation Rule'' after ``Share''; and (3) in subsection (c)-- (A) in the matter preceding subparagraph (A) of paragraph (1), by striking ``No'' and inserting ``Except as provided in paragraph (4), no''; (B) in subparagraph (A), by inserting ``, except that any grant awarded pursuant to section 802 of the Higher Education Act of 1965 (as such Act was in effect on July 22, 1992) shall be included in the calculation of the 5 fiscal year period described in this subparagraph'' before the semicolon; and (C) by adding at the end the following new paragraph: ``(4) Subsequent participation rule.--An institution of higher education or a combination of such institutions shall be eligible to receive a grant under subsection (a)(1)(A) after the expiration of the 10 fiscal year period following the final fiscal year in which such institution or combination receives grant funds in accordance with subparagraph (A) or (B) of paragraph (1).''. (c) Priority.--Subsection (a) of section 803 of the Higher Education Act of 1965 (20 U.S.C. 1135b) is further amended by adding at the end the following new paragraph: ``(6) Priority.--In awarding grants under paragraph (1)(A) in any fiscal year the Secretary shall give priority to institutions of higher education or combinations of such institutions that have received grant funds in the preceding fiscal year pursuant to a multiyear grant award under paragraph (1)(A) or section 802 of the Higher Education Act of 1965 (as such section was in effect on July 22, 1992).''. (d) Federal Share.--Subsection (c) of section 803 of the Higher Education Act of 1965 (20 U.S.C. 1133b(c)) is further amended-- (1) in the matter preceding subparagraph (A) of paragraph (2), by striking ``The'' and inserting ``Except as provided in paragraph (3), the''; and (2) by amending paragraph (3) to read as follows: ``(3) Special rule.--The Secretary shall not waive the provisions of this subsection, except that if an institution of higher education or combination of such institutions received grant funds under section 802 of the Higher Education Act of 1965 (as such section was in effect on July 22, 1992) pursuant to a multiyear grant award and such institution or combination is eligible to receive grant funds under this section, then the Secretary shall waive the Federal share provisions set forth in paragraph (2) for such institution or combination and shall apply the Federal share provisions set forth in section 802(c)(2) of the Higher Education Act of 1965 (as such section was in effect on July 22, 1992) to such institution or combination for the duration of such multiyear grant award.''. (e) Availability of Appropriations.--Subsection (c) of section 802 of the Higher Education Act of 1965 (20 U.S.C. 1133a(c)) is amended to read as follows: ``(c) Availability of Appropriations.-- ``(1) Limitation regarding compensation of students.-- Appropriations under this title shall not be available for the payment of compensation of students for employment by employers under arrangements pursuant to this title. ``(2) Special rule.--Funds appropriated pursuant to the authority of subsection (a) for fiscal year 1993 shall remain available for obligation until September 30, 1994.''. SEC. 2. GRADUATE PROGRAMS. Notwithstanding any other provision of law, if an individual received multiyear fellowship assistance under part B, C, or D of title IX of the Higher Education Act of 1965 in fiscal year 1992, then the Secretary of Education shall apply the provisions of such parts (as such parts were in effect on July 22, 1992) for the remainder of the duration of such multiyear fellowship assistance. SEC. 3. PACIFIC REGIONAL EDUCATIONAL LABORATORY. The matter preceding paragraph (1) of section 101A(b) of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2311a(b)) is amended-- (1) by striking ``Center for the Advancement of Pacific Education, Honolulu, Hawaii, or its successor entity as the Pacific regional educational laboratory'' and inserting ``Pacific Regional Educational Laboratory, Honolulu, Hawaii''; and (2) by inserting ``or provide direct services regarding'' after ``grants for''. SEC. 4. DISTRIBUTION OF FUNDS TO POSTSECONDARY AND ADULT PROGRAMS. Section 232 of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2341a) is amended-- (1) in subsection (a)-- (A) in the first sentence, by inserting ``or consortia thereof'' before ``within''; and (B) in the second sentence-- (i) by inserting ``or consortium'' before ``shall''; and (ii) by inserting ``or consortium'' before ``in the preceding''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``or consortia'' after ``institutions''; and (B) in the matter preceding subparagraph (A) of paragraph (2), by inserting ``or consortia'' after ``institutions''; and (3) in subsection (c)-- (A) in paragraph (1), by inserting ``or consortium'' after ``institution''; and (B) in paragraph (2), by inserting ``or consortia'' after ``institutions''. SEC. 5. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS. Section 551 of the Higher Education Act of 1965 (20 U.S.C. 1107(f)) is amended-- (1) in paragraph (1) of subsection (b), by striking ``the Federal share of''; (2) in subparagraph (B) of subsection (e)(1), by striking ``share of the cost of the activities of the Board is'' and inserting ``contributions described in subsection (f) are''; and (3) by amending subsection (f) to read as follows: ``(f) Matching Funds Requirement.-- ``(1) In general.--The Secretary shall not provide financial assistance under this subpart to the Board unless the Board agrees to expend non-Federal contributions equal to $1 for every $1 of the Federal funds provided pursuant to such financial assistance. ``(2) Non-federal contributions.--The non-Federal contributions described in paragraph (1)-- ``(A) may include all non-Federal funds raised by the Board on or after January 1, 1987; and ``(B) may be used for outreach, implementation, administration, operation, and other costs associated with the development and implementation of national teacher assessment and certification procedures under this subpart.''. Passed the Senate May 4 (legislative day, April 19), 1993. Attest: WALTER J. STEWART, Secretary.

Amends the Higher Education Act of 1965 (HEA) to revise provisions for cooperative education grants to institutions and other entities with respect to: (1) reservation of funds for certain grant awards; (2) subsequent participation of certain grantees; (3) priority in awarding grants; (4) Federal share; and (5) availability of appropriations. Directs the Secretary of Education to apply the provisions of specified graduate fellowship programs under HEA as they were in effect on July 22, 1992, for the remainder of such multiyear fellowship assistance for any individual who received such assistance in FY 1992. Revises HEA provisions for the National Board for Professional Teaching Standards with respect to a matching funds requirement. Amends the Carl D. Perkins Vocational and Applied Technology Education Act with respect to: (1) the Pacific Regional Educational Laboratory; and (2) distribution of funds to postsecondary and adult programs.

A bill to make technical amendments to the Higher Education Act of 1965 and the Carl D. Perkins Vocational and Applied Technology Act.

Requesting the President to furnish to the House of Representatives certain documents concerning the response of the Federal Bureau of Investigation to allegations of criminal conduct in the White House travel office. Resolved, That the President is requested to provide to the House of Representatives, not later than fourteen days after the adoption of this resolution, the following documents: (1) Any document concerning the identity of any person who authorized or directed William Kennedy, Associate Counsel to the President, to summon officials of the Federal Bureau of Investigation to the White House and to prepare that the Bureau investigate the White House travel office. (2) Any document concerning how William Kennedy, Associate Counsel to the President, knew whom to contact in the Federal Bureau of Investigation to arrange a meeting to discuss the White House travel office. (3) Any document concerning the identity of any person who authorized or directed officials of the Federal Bureau of Investigation to attend any White House meeting convened by William Kennedy, Associate Counsel to the President, to discuss the White House travel office. (4) Any document showing what was said at any meeting referred to in paragraph (3), including the response of officials of the Federal Bureau of Investigation to the proposal that the Bureau investigate the White House travel office. (5) Any document concerning the identity of any person who authorized or directed William Kennedy, Associate Counsel to the President, to discuss with an official of the Federal Bureau of Investigation the possibility that the Internal Revenue Service would be used to investigate the White House travel office if the Federal Bureau of Investigation did not do so. (6) Any document showing what was said during the discussion referred to in paragraph (5), including the response of the official of the Federal Bureau of Investigation to the suggestion that the Internal Revenue Service be used to investigate the White House travel office. (7) Any document concerning the decision to retain the accounting firm of KPMG Peat Marwick to audit the White House travel office, including the timing of that decision, and any relationship between the audit and the national performance review by the Vice President. (8) Any document concerning the identity of any official of the Federal Bureau of Investigation who decided to investigate the White House travel office, and the identity of any other official of the Federal Bureau of Investigation who was consulted about that decision. (9) Any document concerning what action was originally taken against the seven employees of the White House travel office, how this action was modified subsequently, and what is the current status of the employees. (10) Any document concerning who made the decision to take the original action against the seven employees referred to in paragraph (9), who made the decision to modify the original action, who was consulted with respect to each of these decisions, and upon what information these decisions were based. (11) Any document concerning the identity of any person who authorized or directed White House officials to summon John Collingwood, Inspector in Charge of the Office of Public and Congressional Affairs of the Federal Bureau of Investigation, to the White House to discuss the investigation of the White House travel office by the Bureau. (12) Any document concerning the identity of any person who authorized or directed John Collingwood, Inspector in Charge of the Office of Public and Congressional Affairs of the Federal Bureau of Investigation, to meet with White House officials to discuss the investigation of the White House travel office by the Bureau. (13) Any document concerning whether William Sessions, Director of the Federal Bureau of Investigation, was aware that the meeting referred to in paragraph (12) had been requested. (14) Any document describing what was said at the meeting referred to in paragraph (12), including how it was decided that a press statement on the stationery of William Sessions, Director of the Federal Bureau of Investigation, would be issued to confirm that a Bureau criminal investigation of the White House travel office was underway. (15) Any document concerning the identity of any person who participated in the drafting of the press statement referred to in paragraph (14), the extent to which the press statement was revised, and the identity of any person who was consulted about the contents of the press statement. (16) Any document concerning the identity of any person who authorized or directed John Collingwood, Inspector in Charge of the Office of Public and Congressional Affairs of the Federal Bureau of Investigation, to issue the press statement described in paragraph (14). (17) Any document concerning whether the Federal Bureau of Investigation would ordinarily issue a press statement to confirm that a criminal investigation is underway when the investigation is at the preliminary stage that the White House travel office investigation had reached when the statement referred to in paragraph (14) was issued. (18) Any document concerning whether the statement referred to in paragraph (14) violated the Privacy Act (5 U.S.C. 552a), or Federal regulation thereunder, and whether Privacy Act's civil and criminal penalties are applicable in this case. (19) Any document concerning to what extent White House officials involved with the investigation of the White House travel office were aware of the interest of workers on President William Clinton's presidential campaign such as Catherine Cornelius in assuming control of the White House travel office, and how they became aware of such interest. (20) Any document concerning to what extent White House officials involved with the investigation of the White House travel office were aware of the interest of contributors to President William Clinton's presidential campaign such as Harry Thomason (and his business partner Darnell Martens) in obtaining contracts with the White House travel office, and how they became aware of such interests. (21) Any document concerning whether White House officials involved with the investigation of the White House travel office informed the Federal Bureau of Investigation of the interest of workers in President William Clinton's presidential campaign such as Catherine Cornelius and contributors to his presidential campaign such as Harry Thomason (and his business partner Darnell Martens) in obtaining control of the White House travel office or contracts with it at the time that these White House officials requested the Federal Bureau of Investigation to investigate the White House travel office, and if not, why this information was withheld. (22) Any document concerning what financial arrangements or understandings existed in connection with employment of Penny Sample in the White House travel office, and how she came to receive a commission for her work in the White House travel office. (23) Any document concerning whether Harry Thomason was a special government employee within the meaning of section 202(a) of title 18, United States Code, by virtue of the fact that he had a White House residence pass, daily access to the White House, and an office in the Old Executive Office Building, and if he was, whether his efforts to obtain contracts with the White House travel office violated the conflict of interest restrictions of section 208 of title 18, United States Code. (24) Any documents concerning whether Penny Sample or any other person interested in obtaining contracts with the White House travel office violated the conflict of interest restrictions of section 208 of title 18, United States Code. (25) Any document concerning whether White House officials and officials of the Department of Justice have considered the appointment of William Sessions, Director of the Federal Bureau of investigation, to other Federal positions, and whether William Sessions was aware that such possibilities were under consideration during the course of these events. (26) Any document concerning when a final determination will be made about the continued tenure in office of William Sessions, Director of the Federal Bureau of Investigation. Sec. 2. As used in this resolution, the term ``document'' means any report, memorandum, schedule or minutes of a meeting, log or record of telephone calls or other communications, appointment calendar, or other record or document of any kind, including electronic, handwritten, or other communications whatsoever and all drafts thereof.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to eliminate the exemption for banks (or similar institutions) or insurance carriers from the requirement for an independent audit of certain financial statements regarding employee benefit plan assets.

To amend the Employee Retirement Income Security Act of 1974 to require an independent audit of standards prepared by certain financial institutions with respect to assets of employee benefit plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communications Opportunity Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) Section 309(j)(3) of the Communications Act of 1934 requires the Federal Communications Commission to disseminate licenses among a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women (hereinafter in this Act referred to as ``designated entities''). (2) Section 309(j)(4) of such Act requires the Commission to ensure that small businesses, rural telephone companies, and businesses owned by minority groups and women are given the opportunity to participate in the provision of spectrum-based services, and, for such purposes, requires the Commission to consider the use of tax certificates, bidding preferences, and other procedures. (3) License set-asides and installment payments are additional policy tools available to the Commission for ensuring that licenses are disseminated to designated entities. (4) Designated entities are greatly underrepresented in all of the telecommunications industries. In particular, businesses owned by members of minority groups and women suffer numerous barriers to participating in the provision of telecommunications services. Market entry is greatly complicated by historically low participation and by a lack of access to capital markets for businesses owned by members of minority groups and women. (5) Because the electromagnetic spectrum is a public resource and because minorities and women face discrimination and other barriers to entering the telecommunication market, there is a compelling public interest to promote diversity in the participation in the telecommunications industries in order to promote the goals of competitive prices for services, service innovation, full employment, and diversity of opinions and viewpoints in public discourse. (6) Because of the extremely capital intensive nature of developing and deploying systems in new telecommunications industries, and the ability of large corporations to amass financial resources swiftly and efficiently, allocation of the electromagnetic spectrum under a purely competitive approach will greatly hinder access to licenses by designated entities, especially business owned by members of minority groups and women, wanting to provide telecommunications services. Without the use of certain bidding preferences, in particular set- asides, business owned by members of minority groups and women will not make significant progress in participating in the telecommunications industries. SEC. 3. PARTICIPATION BY DESIGNATED ENTITIES. (a) General Requirement.--The Commission shall ensure the participation of small businesses, rural telephone companies, and businesses owned by members of minority groups and women in the provision of spectrum-based services, particularly through licenses controlled by them. (b) Licensing Plan.-- (1) Requirements applicable to competitive bidding.--If the Commission decides to use competitive bidding to grant 3 or more licenses which serve a market, the Commission shall reserve at least one license, of up to 30 megahertz, for bidding by designated entities only. If more than 6 licenses serving a market are to be conferred through competitive bidding, the Commission shall reserve at least 2 licenses, one of which is at least 30 megahertz, for bidding by designated entities only. In addition, the Commission shall provide bidding preferences to designated entities which choose to bid on other licenses, but may not substitute such preferences for the license reservation required in this paragraph, or provide such reservations to entities which are not designated entities. (2) Additional requirements.--To the maximum extent feasible, the Commission shall equalize licenses to be bid on initially by size and area, and shall not discriminate between designated entity licenses and other licenses. (3) Access to capital.--In developing rules regarding other licenses and licensees for the same service, the Commission shall take into account the impact of those rules on the competitiveness and access to financing of designated entities. To the extent possible the Commission should provide incentives for nondesignated entities to invest as minority equity holders in designated entity concerns. To the extent possible, the Commission shall ensure that its preferences are not abused. (4) Simple procedures required.--Particularly for rural areas, the Commission shall provide a simple regulatory approval process to allow and encourage voluntary partitioning of licenses between overall license holders and rural telephone companies and others which wish to serve smaller portions of the license area. (c) Competitive Bidding and Bid Financing.-- (1) Considerations required.--The Commission shall carefully consider the practical effect of its auction and related requirements on designated entities, and shall seek wherever possible to remove or lessen regulatory and business barriers to successful participation by designated entities, and to provide flexibility to designated entities. This consideration shall include-- (A) lower application fees; (B) the initial payment or downpayment shall be no more than 10 percent of a winning bid for successful designated entity bidders; and (C) installment payments of the balance due over the term of the license. (2) Flexibility.--The Commission shall extend similar flexibility to requirements of financial capability for designated entities which have won licenses. Good faith efforts to pursue financing and construction shall meet the requirements of title II and regulations enacted pursuant thereto. (3) Additional methods.--The Commission shall consider additional methods to maximize effective participation of designated entities in auctions and the resulting marketplace. These methods may include devices such as tax certificates. (d) Rules Applying to Designated Entities With Licenses.-- (1) Waivers.--In general, designated entities should be subject to the same rules as all other parties. The Commission shall institute a waiver process whereby a designated entity licensee can demonstrate why the public interest will be served by granting flexibility to such an entity. (2) Transfers.--Designated entity licensees may freely transfer a license to a third party, which qualifies as a designated entity, without additional financial penalties or obligations. A designated entity may transfer its license to a nondesignated entity if the parties comply with the requirements of paragraph (3). (3) Payments by transferees.--Any party which is not a designated entity but which buys a controlling interest in a license from a designated entity must pay the government the balance due of the spectrum bid immediately. Until 3 years after award, a nondesignated entity must pay, in addition, the difference, if any, between the amount initially bid by the designated entity and the market price for such licenses, based on the average of nondesignated entity bids for similar licenses in that market. The Commission shall establish a formula for calculating this difference taking into consideration any bidding credits.

Communications Opportunity Act of 1994 - Requires the Federal Communications Commission (FCC) to ensure the participation of small businesses, rural telephone companies, and businesses owned by minorities and women ("designated entities") in the provision of spectrum-based services, particularly through licenses. Directs the FCC, if it uses competitive bidding to grant three or more licenses which serve a market, to reserve at least one license, of up to 30 megahertz, for bidding by designated entities. Reserves at least two licenses for bidding by designated entities, one of which is at least 30 megahertz, if more than six licenses are to be conferred through competitive bidding. Requires the FCC to provide bidding preferences to designated entities which choose to bid on other licenses, but prohibits the FCC from substituting such preferences for the license reservations. Directs the FCC to equalize licenses to be bid on initially by size and area and prohibits discrimination between designated entity licenses and other licenses. Requires the FCC, in developing rules regarding licenses and licensees for the same service, to take into account the impact of those rules on the competitiveness and access to financing of designated entities. Directs the FCC, particularly for rural areas, to provide a simple regulatory process to allow and encourage voluntary partitioning of licenses between overall license holders and rural telephone companies and others which wish to serve smaller portions of the license area. Requires the FCC to seek to remove or lessen regulatory and business barriers to successful participation by designated entities and to provide flexibility to such entities, including flexibility to requirements of financial capability. Authorizes designated entity licensees to freely transfer a license to a third party which qualifies as a designated entity, without additional financial penalties or obligations. Permits the transfer to non-designated entities but requires such parties to pay the balance due of the spectrum bid immediately. Requires such parties to pay the difference, if any, between the amount initially bid by the designated entity and the market price for such licenses, based on the average of non-designated entity bids for similar licenses in that market.

Communications Opportunity Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diverse Teachers Recruitment Act of 2010''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Issues of teacher diversity and cultural competence are critical factors influencing the achievement gap among elementary school and secondary school students and must be addressed by national education policy, as recommended in the report entitled ``Assessment of Diversity in America's Teaching Force'', presented by the National Collaborative on Diversity in the Teaching Force in 2004. (2) Some experts believe the lack of diversity among public schoolteachers inhibits positive learning outcomes generally, and can leave students in underrepresented groups without role models to whom the students can relate, which may lead to poorer performance in the classroom. Statistics show that for students in some underrepresented groups, a lack of diversity among public school teachers contributes to lower standardized test scores and lower graduation rates. (3) Department of Education statistics reveal a lack of diversity among public schoolteachers. During the school year of 2007 through 2008, an estimated 83.1 percent of public schoolteachers were Caucasian, while 7.1 percent were Latino, 7 percent were African-American, and 1.2 percent were Asian. Of all public schoolteachers, 24.1 percent were male and 75.9 percent were female. (4) Teacher demographics should be sufficiently diverse to provide the educational benefits described in paragraphs (1) and (2), including ensuring that students have role models-- (A) from diverse backgrounds and racial and ethnic groups; and (B) of different genders. (b) Purposes.--The purposes of this Act are-- (1) to further a compelling interest in obtaining the educational benefits that result, particularly for schools with a concentration of individuals in 1 or more categories described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)), from a diverse group of elementary school and secondary school teachers, including-- (A) promoting learning outcomes generally, and reducing achievement gaps for diverse student bodies; and (B) increasing student cultural competence by better preparing students for an increasingly diverse workforce and society; (2) to provide narrowly tailored activities by funding the activities for the period needed to attain meaningful numbers or a critical mass of teachers who are individuals from underrepresented groups, sufficient to provide the educational benefits described in paragraph (1), and offering the activities for other teachers as well; and (3) to remedy the historically low employment, among teachers in public elementary schools and secondary schools, of individuals from underrepresented groups. SEC. 3. RECRUITMENT, TRAINING, AND RETENTION OF TEACHERS, INCLUDING TEACHERS FROM UNDERREPRESENTED GROUPS. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following new part: ``PART E--RECRUITMENT, TRAINING, AND RETENTION OF TEACHERS, INCLUDING TEACHERS FROM UNDERREPRESENTED GROUPS ``SEC. 2501. GRANT PROGRAM. ``(a) Authorization.--From amounts appropriated under section 2505, the Secretary shall make grants on a competitive basis to eligible entities for-- ``(1) recruiting and conducting outreach to individuals from underrepresented groups as teachers at public elementary schools and secondary schools; and ``(2) providing training (on promoting learning outcomes, reducing achievement gaps for diverse student bodies, and increasing student cultural competence) and retention incentives (other than retention rights) to teachers at public elementary schools and secondary schools, with a preference for teachers who are individuals from underrepresented groups. ``(b) Eligibility.--The Secretary may only make a grant under subsection (a) to an eligible entity that-- ``(1) serves schools that have difficulty recruiting and conducting outreach to, training, and retaining individuals from underrepresented groups as teachers; and ``(2) submits an application at such time, in such form, and containing such information and assurances as the Secretary may require, including-- ``(A) a description of how the eligible entity, through the activities the eligible entity carries out with the grant funds, will seek to ensure recruitment, conducting outreach to, training, and retention of a significant number of individuals from underrepresented groups; ``(B) a description of the difficulty recruiting, conducting outreach to, training, and retaining individuals from underrepresented groups experienced by the schools served by the eligible entity; and ``(C) information-- ``(i) demonstrating the educational benefits that the activities are designed to provide, resulting from a diverse group of elementary school and secondary school teachers, including-- ``(I) promoting positive learning outcomes generally, and reducing achievement gaps for diverse student bodies; and ``(II) increasing student cultural competence by better preparing students for an increasingly diverse workforce and society; and ``(ii) demonstrating that the schools involved do not have a sufficiently diverse group of teachers to provide the benefits. ``(c) Priority.--In making grants under subsection (a), the Secretary shall give priority to-- ``(1) local educational agencies (or consortia of local educational agencies) that serve the most high-need schools; and ``(2) local educational agencies (or consortia of local educational agencies) that serve schools with concentrations of students in 1 or more categories described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) in their student populations. ``(d) Relationship to Other Law.--The Secretary shall make grants under this section, notwithstanding title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). ``(e) Matching Funds.-- ``(1) In general.--The Secretary may not make a grant to an eligible entity under subsection (a) unless the eligible entity agrees that, with respect to the costs to be incurred by the eligible entity in carrying out the activities for which the grant is awarded, the eligible entity will make available non- Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant. ``(2) Satisfying matching requirement.--The non-Federal contributions required under paragraph (1) may be-- ``(A) in cash or in-kind, including services, fairly evaluated; and ``(B) from-- ``(i) any private source; or ``(ii) a State educational agency or local educational agency. ``(3) Waiver.--The Secretary may waive or reduce the non- Federal contribution required by paragraph (1) if the eligible entity involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship. ``(f) Duration.-- ``(1) Determination.--In determining whether to make a grant to an eligible entity for a school district, the Secretary shall determine whether the elementary schools and secondary schools in the district have attracted a sufficiently diverse group of teachers to provide the educational benefits described under subsection (b)(2)(C). ``(2) Grant.--The Secretary shall make the grant only if the Secretary determines that the schools described in paragraph (1) have not attracted that group and need additional activities under this section to provide the educational benefits. ``SEC. 2502. REPORTS TO SECRETARY. ``An eligible entity receiving a grant under section 2501(a) shall submit to the Secretary not later than 90 days after the end of each school year in which the eligible entity receives grant funds a report that contains-- ``(1) a description of the activities for which the eligible entity used grant funds during such school year; ``(2) data concerning, with respect to the schools served by the eligible entity-- ``(A) the number of individuals from underrepresented groups that began teaching during such school year; ``(B) the retention rate of teachers who are individuals from underrepresented groups; ``(C) in the case of the report covering the last school year in which the eligible entity receives grant funds, indicators of student academic achievement during such school year as compared with previous school years, disaggregated, if possible, by the achievement of-- ``(i) economically disadvantaged students; ``(ii) students from major racial and ethnic groups; ``(iii) students with disabilities; and ``(iv) students with limited English proficiency; ``(D) student graduation rates for the school year covered by the report as compared with previous school years, if applicable in the case of the schools served by the eligible entity; and ``(E) student attendance rates for the school year covered by the report as compared with previous school years; and ``(3) a description of and data regarding such characteristics of the schools served by the eligible entity, and the students of such schools, as the Secretary considers appropriate, including the number and percentage of students in each of the groups listed in clauses (i) through (iv) of paragraph (2)(C). ``SEC. 2503. BEST PRACTICES INFORMATION CLEARINGHOUSE. ``(a) In General.--The Secretary shall evaluate the success of the activities carried out by eligible entities using grant funds received under section 2501(a) and compile a database of best practices for recruiting, conducting outreach to, training, and retaining individuals from underrepresented groups as public elementary school and secondary school teachers. The Secretary shall make such database available to eligible entities (regardless of whether the eligible entities have received grants under such section) through an Internet Web site. ``(b) Funds Available.--Of the amounts appropriated to carry out this part for a fiscal year, the Secretary may use not more than 10 percent to carry out this section during such fiscal year. ``SEC. 2504. DEFINITIONS. ``In this part, the following definitions apply: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency (or consortium of local educational agencies); or ``(B) an entity that-- ``(i) has entered into a partnership with a local educational agency (or consortium of local educational agencies) in which the local educational agency (or consortium of local educational agencies) is the primary partner; and ``(ii) is a private nonprofit organization, an educational service agency, an institution of higher education, or a State educational agency. ``(2) High-need high school.--The term `high-need high school' means a secondary school-- ``(A) in which the entering grade of the school is not lower than grade 9 and that includes grade 12; and ``(B) that has a graduation rate of not more than 65 percent in each of the 2 academic years prior to the submission of the grant application. ``(3) High-need middle school.--The term `high-need middle school' means a secondary school-- ``(A) in which the entering grade is not lower than grade 6 and the highest grade is not higher than grade 9; and ``(B) from which not less than 35 percent of the students who complete such school enroll in a high-need high school. ``(4) High-need school.--The term `high-need school' means a public school, including a charter school (as such term is defined in section 5210(1))-- ``(A) in which not less than 40 percent of the enrolled students are eligible to receive free or reduced price lunches under section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)); or ``(B) that is a high-need high school or a high- need middle school. ``(5) Individual from an underrepresented group.--The term `individual from an underrepresented group' means an individual who is a member of a racial or gender group that has historically been underrepresented among teachers in public elementary schools and secondary schools in the school district involved. ``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as are necessary for fiscal years 2011 through 2016.''. (b) Clerical Amendment.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item related to section 2441 the following: ``Part E--Recruitment, Training, and Retention of Teachers, Including Teachers From Underrepresented Groups ``Sec. 2501. Grant program. ``Sec. 2502. Reports to Secretary. ``Sec. 2503. Best practices information clearinghouse. ``Sec. 2504. Definitions. ``Sec. 2505. Authorization of appropriations.''.

Diverse Teachers Recruitment Act of 2010 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) or nonprofits, educational service agencies, institutions of higher education, or states that enter into partnerships with such LEAs for: (1) recruiting individuals from underrepresented groups as public elementary and secondary school teachers; and (2) providing training and retention incentives to public elementary and secondary school teachers, preferably teachers from underrepresented groups. Prohibits grants to applicants that do not serve schools that have difficulty recruiting, training, and retaining individuals from underrepresented groups as teachers. Gives priority to LEAs that serve the most high-need schools and those that serve schools with high concentrations of poor, minority, disabled, or limited English proficient students. Requires the Secretary to evaluate the success of the grantees and compile a database of best practices for recruiting, training, and retaining individuals from underrepresented groups as public elementary and secondary school teachers.

A bill to amend the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants for recruiting, training, and retaining individuals, with a preference for individuals from underrepresented groups, as teachers at public elementary and secondary schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Predatory Pricing Prevention Act of 1993''. SEC. 2. AUTHORITY TO ISSUE CEASE AND DESIST ORDERS. (a) In General.--Section 411 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1381) is amended by adding at the end the following new subsection: ``(c) Predatory Pricing.-- ``(1) Preliminary investigation and cease and desist order.-- ``(A) Investigation.--Within seven days after receiving a written complaint of sufficient particularity by any person that any air carrier has been engaging in predatory pricing in the provision of air transportation in a city-pair market, the Secretary of Transportation shall conduct a preliminary investigation into the allegations made in the complaint. ``(B) Cease and desist order.--If as a result of the preliminary investigation the Secretary finds that there is a significant likelihood that one of the two indicators of predatory pricing specified in paragraph (4) exists, the Secretary shall order such air carrier to cease and desist from engaging in the alleged predatory pricing until the conclusion of a full investigation under paragraph (2) or the elapse of ninety days following the date of such order, whichever occurs first. ``(C) Negative finding.--If as a result of the preliminary investigation the Secretary finds that there is not such a significant likelihood, the Secretary shall publish in the Federal Register an explanation of the reasons for that finding. ``(2) Full investigation and permanent cease and desist order.-- ``(A) Investigation.--If the Secretary of Transportation makes the finding described in paragraph (1)(B), the Secretary shall conduct a full investigation into the alleged predatory pricing. The Secretary shall, in the course of such full investigation, provide interested parties with an opportunity to furnish information that the Secretary considers important. ``(B) Permanent cease and desist order.--If after conducting a full investigation under subparagraph (A) the Secretary finds that an air carrier has been engaging in predatory pricing, the Secretary shall order such air carrier to cease and desist from engaging in such predatory pricing. ``(C) Rebuttable presumption.--In a full investigation under this paragraph, an air carrier is presumed to be engaging in predatory pricing in a city- pair market if any of the two indicators of predatory pricing specified in paragraph (4) is shown to exist. This presumption may be rebutted by clear and convincing evidence. ``(3) Penalties.--Any person who knowingly fails to obey a cease and desist order under paragraph (1) or (2) shall be subject to a civil penalty of $10,000 for each offense, and each day during which such offense continues is deemed a separate offense. ``(4) Indicators of predatory pricing.--The two indicators of predatory pricing referred to in paragraphs (1)(B) and (2)(C) are as follows: ``(A) The pricing by the air carrier for air transportation in the city-pair market at issue is below the direct operating costs of the air carrier in providing such transportation. ``(B) Decreases in the pricing by the air carrier for such air transportation are occurring when market forces have led to sustained downward development of air fares deviating significantly from ordinary seasonal pricing movements and resulting in widespread losses among all air carriers for providing such air transportation, taking into account-- ``(i) the level of pricing for air transportation in comparable city-pair markets; ``(ii) the revenue levels that were at the time of the transportation adequate under honest, economical, and efficient management to cover total operating expenses and to provide each such carrier with a flow of net income, plus depreciation, adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and take into account reasonable estimated or foreseeable future costs. ``(5) Direct operating costs defined.--In this subsection, the term `direct operating costs' means the costs sustained by an air carrier in the preparation and execution of a single flight of an aircraft in a city-pair market, including-- ``(A) expenses related to the aircraft, including flight crew compensation, landing fees, fuel and oil, hull insurance, all direct and overhead costs of maintenance, and the prorated amount of the rental charge or purchase amount of the aircraft; and ``(B) expenses related to passengers and freight, including sales or travel agents' compensation, in- flight food and beverage expenses, and liability insurance.''. (b) Conforming Amendment.--In the table of contents of the Federal Aviation Act of 1958, the item relating to section 411 is amended by adding at the end the following: ``(c) Predatory pricing.''.

Airline Predatory Pricing Prevention Act of 1993 - Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation (Secretary) to investigate allegations that an air carrier has engaged in predatory pricing in the provision of air transportation in a city-pair market and to order, in the significant likelihood that one of two specified predatory pricing indicators exists, such air carrier to cease and desist from engaging in the alleged pricing until the conclusion of a full investigation or 90 days after such order, whichever occurs first. Sets forth civil penalties for failure to obey such order.

Airline Predatory Pricing Prevention Act of 1993

SECTION 1. AUTHORIZATION OF CERTAIN PAYMENTS UNDER THE CIVIL SERVICE RETIREMENT SYSTEM AND THE FEDERAL EMPLOYEES RETIREMENT SYSTEM TO CERTAIN TRUSTS UNDER THE SOCIAL SECURITY ACT. (a) Civil Service Retirement System.-- (1) Payments.--Section 8345(e) of title 5, United States Code, is amended-- (A) by inserting ``(1)'' after ``(e)''; and (B) by adding at the end the following: ``(2)(A) In this paragraph, the terms `dependent' and `child' have the meanings given under section 8441 (3) and (4), respectively. ``(B) Payment due a minor, or an individual mentally incompetent or under other legal disability may be made to a trustee under a trust meeting the requirements of subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if-- ``(i) in the case of a minor, the minor is-- ``(I) a child of the person upon whom the benefit for payment due is based; or ``(II) a dependent (who is a child) of the person upon whom the benefit for payment due is based; or ``(ii) in the case of an individual mentally incompetent or under legal disability-- ``(I) the incompetency or disability occurred during the period that the individual was a child or a dependent (who was a child) of the person upon whom the benefit for payment due is based; and ``(II) that incompetency or disability has been continuous since that occurrence through the date of the payment due.''. (2) Assignability of payments.--Section 8346(a) of title 5, United States Code, is amended-- (A) by inserting ``(1)'' after ``(a)''; and (B) by adding at the end the following: ``(2)(A) In this paragraph, the terms `dependent' and `child' have the meanings given under section 8441 (3) and (4), respectively. ``(B) Except as provided under paragraph (1), money payable under this subchapter to a minor or an individual mentally incompetent or under other legal disability is not assignable, either in law or equity, except to a trustee under a trust meeting the requirements of subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if-- ``(i) in the case of a minor, the minor is-- ``(I) a child of the person upon whom the benefit for the money payable is based; or ``(II) a dependent (who is a child) of the person upon whom the benefit for the money payable is based; or ``(ii) in the case of an individual mentally incompetent or under legal disability-- ``(I) the incompetency or disability occurred during the period that the individual was a child or a dependent (who was a child) of the person upon whom the benefit for the money payable is based; and ``(II) that incompetency or disability has been continuous since that occurrence through the date of the payment of the money.''. (b) Federal Employees Retirement System.-- (1) Payments.--Section 8466(c) of title 5, United States Code, is amended-- (A) by inserting ``(1)'' after ``(c)''; and (B) by adding at the end the following: ``(2)(A) In this paragraph, the terms `dependent' and `child' have the meanings given under section 8441 (3) and (4), respectively. ``(B) Payment due a minor, or an individual mentally incompetent or under other legal disability may be made to a trustee under a trust meeting the requirements of subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if-- ``(i) in the case of a minor, the minor is-- ``(I) a child of the person upon whom the benefit for payment due is based; or ``(II) a dependent (who is a child) of the person upon whom the benefit for payment due is based; or ``(ii) in the case of an individual mentally incompetent or under legal disability-- ``(I) the incompetency or disability occurred during the period that the individual was a child or a dependent (who was a child) of the person upon whom the benefit for payment due is based; and ``(II) that incompetency or disability has been continuous since that occurrence through the date of the payment due.''. (2) Assignability of payments.--Section 8470(a) of title 5, United States Code, is amended-- (A) by inserting ``(1)'' after ``(a)''; and (B) by adding at the end the following: ``(2)(A) In this paragraph, the terms `dependent' and `child' have the meanings given under section 8441 (3) and (4), respectively. ``(B) Except as provided under paragraph (1), an amount payable under subchapter II, IV, or V to a minor or an individual mentally incompetent or under other legal disability is not assignable, either in law or equity, except to a trustee under a trust meeting the requirements of subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4) (A) or (C)), if-- ``(i) in the case of a minor, the minor is-- ``(I) a child of the person upon whom the benefit for the amount payable is based; or ``(II) a dependent (who is a child) of the person upon whom the benefit for the amount payable is based; or ``(ii) in the case of an individual mentally incompetent or under legal disability-- ``(I) the incompetency or disability occurred during the period that the individual was a child or a dependent (who was a child) of the person upon whom the benefit for the amount payable is based; and ``(II) that incompetency or disability has been continuous since that occurrence through the date of the payment of the amount.''.

Amends Federal law concerning the Civil Service Retirement System and the Federal Employees Retirement System to allow a payment due a minor or an individual mentally incompetent or under other legal disability to be made to the person who is a trustee under a trust meeting specified trust requirements of title XIX (Medicaid) of the Social Security Act that contains the assets of an individual who is disabled if: (1) in the case of a minor, the minor is a child of the person upon whom the benefit for payment due is based or a dependent (who is a child) of the person upon whom the benefit for payment due is based; or (2) in the case of an individual mentally incompetent or under legal disability, the incompetency or disability occurred during the period that the individual was a child or a dependent (who was a child) of the person upon whom the benefit for payment due is based and that incompetency or disability has been continuous since that occurrence through the date of the payment due. Provides for the assignability of payments under such Systems to a trustee under such a trust.

A bill to amend chapter 83 and 84 of title 5, United States Code, to authorize payments to certain trusts under the Social Security Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Peninsula Wilderness Designation Act of 1993''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``land'' means lands, waters, and interests therein; (2) The term ``public lands'' means land situated in Alaska which, after the date of enactment of this Act, the title is in the United States, except-- (A) land selections of the State of Alaska which have been tentatively approved or validly selected under the Alaska Statehood Act and lands which have been confirmed to, validly selected by, or granted to the Territory of Alaska or the State under any other provisions of Federal law; and (B) land selections of a Native Corporation made under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) which have not been conveyed to a Native Corporation, unless any such selection is determined to be invalid or is relinquished. (3) The term ``Native Corporation'' means any Regional Corporation, any Village Corporation, any Native group and those Native entities which have incorporated pursuant to section 14(h)(3) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(3)). (4) The term ``Regional Corporation'' has the same meaning as such term has under section 3(g) of the Alaska Native Claims Settlement Act. (5) The term ``Village Corporation'' has the same meaning as such term has under section 3(j) of the Alaska Native Claims Settlement Act. (6) The term ``Native group'' has the same meaning as such term has under sections 3(d) and 14(h)(2) of the Alaska Native Claims Settlement Act. (7) The term ``Secretary'' means the Secretary of the Interior. (8) The term ``Alaska Statehood Act'' means the Act entitled ``An Act to provide for the admission of the State of Alaska into the Union'', approved July 7, 1958 (72 Stat. 339), as amended. (9) The term ``State'' means the State of Alaska. (10) The term ``Koniag'' means Koniag, Incorporated, a Regional Corporation. (11) The term ``Selection Rights'' means those rights granted to Koniag pursuant to sections 12(a), 12(b), and 14(h)(8) of the Alaska Native Claims Settlement Act (85 Stat. 688), as amended, to receive title to the oil and gas rights and other interests in the subsurface estate of approximately two hundred and seventy-five thousand acres of public lands in the State of Alaska which lands are identified as ``Koniag Selections'' on the map entitled ``Koniag Interest Lands, Alaska Peninsula'', dated May 1989. (12) The term ``agency'' includes-- (A) any instrumentality of the United States; (B) any element of an agency; and (C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. (13) The term ``property'' has the same meaning as is provided the term in section 12(b)(7) of Public Law 94-9204 (43 U.S.C. 1611 note), as amended.''. SEC. 3. DESIGNATION OF WILDERNESS. (a) Designation of Wilderness.--The public lands within the boundaries depicted as ``Proposed Wilderness'' on the following identified maps are hereby designated as wilderness, and therefore as components of the National Wilderness Preservation System, with the nomenclature and approximate acreage as indicated below: (1) Aniakchak Wilderness of approximately five hundred and three thousand acres within the Aniakchak National Monument and Preserve and which is generally depicted upon the map entitled ``Aniakchak Wilderness'' dated July 1992. (2) Alaska Peninsula Wilderness of approximately one million eight hundred and seventy-six thousand acres within the Alaska Peninsula National Wildlife Refuge and which is generally depicted upon the map entitled ``Alaska Peninsula Wilderness'' dated July 1992. (3) Approximately three hundred and forty-seven thousand acres within the Becharof National Wildlife Refuge as an addition to the existing Becharof Wilderness, as generally depicted upon the map entitled ``Becharof Additional Wilderness'' dated July 1992. (b) Map and Legal Description.--As soon as practicable after the enactment of this Act, a map and legal description of each wilderness area designated by this Act shall be published in the Federal Register and filed with the Committee on Interior and Insular Affairs and the Committee on Merchant Marine and Fisheries of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. Each such legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such legal description and map. A copy of each map shall be available for public inspection in an appropriate office of the National Park Service and the Fish and Wildlife Service, Department of the Interior. (c) Lands Included.--Except for those lands subject to Koniag Selection Rights which are subsequently relinquished pursuant to section 5, only those lands within the boundaries of any wilderness area which are public lands (as such term is defined in this Act) shall be deemed to be included as a portion of such area. No lands within the boundaries of any wilderness area designated pursuant to section 3(a) hereof and which, before, on, or after the date of enactment of this Act, are conveyed to the State, to any Native Corporation, or to any private party, shall be subject to the regulations applicable solely to public lands within such wilderness areas. Any lands subject to Koniag Selection Rights relinquished to the United States pursuant to section 5 which are within the boundaries of a wilderness area designated by this Act shall become part of such wilderness areas and be administered accordingly. SEC. 4. MANAGEMENT OF WILDERNESS AREAS. (a) Generally.--Except as provided in subsection (b) of this section, and subject to valid existing rights, the lands designated as Aniakchak Wilderness by this Act shall be managed by the Secretary of the Interior in the same manner as the lands designated as wilderness by section 701 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), and the other lands designated as wilderness by this Act shall be managed by such Secretary in the same manner as the lands designated as wilderness by section 702 of such Act. (b) Permits.--(1) Any special use or concession permit which was in existence during 1991 for operations on lands designated as wilderness by this Act and which except for designation of such lands as wilderness could have remained in effect or been renewed by or reissued to the same permittee, may be renewed or reissued to such permittee, subject to the provisions of this subsection. (2) Nothing in this Act shall require renewal or reissuance of a permit if the Secretary, for reasons other than the designation of lands as wilderness, determines that such action would be inconsistent with applicable law or established regulations. Nothing in this Act shall preclude the Secretary from canceling or otherwise restricting any permit for any reason other than the designation of lands as wilderness. (3) No renewal or reissuance of a permit described in paragraph (1) of this subsection shall be for a period longer than the lifetime of the permittee, and no such permit shall be transferable or assignable. (4) Designation of lands as wilderness shall not prevent any structures and other improvements authorized by a permit described in paragraph (1), including cabins, from continuing to be used, maintained, and if necessary, replaced, to the extent otherwise permissible, but no additional structures or other improvements shall be permitted on lands so designated. SEC. 5. ACQUISITION OF KONIAG SELECTION RIGHTS. (a) In General.--(1) If the Secretary receives from Koniag a timely tender of relinquishment of the Selection Rights, the Secretary shall accept such tender no later than 60 days after its receipt, and shall notify the Secretary of the Treasury of such acceptance. (2) For purposes of this subsection, a tender by Koniag shall be timely if it is received by the Secretary no later than 180 days after either-- (A) receipt by Koniag of the Secretary's determination of the value of the Selection Rights pursuant to subsection (b) of this section, or (B) the outcome of the procedures established by subsection (b) of this section for resolution of any dispute regarding such value, whichever last occurs, unless the Secretary and Koniag agree to modify his deadline. (b) Value.--(1) The value of the Selection Rights shall be equal to the fair market value of the oil and gas interests, and where appropriate the fair market value of the subsurface estate of the lands or interests in lands. (2) Within 90 days after the date of enactment of this Act, Koniag and the Secretary shall meet to determine the identity of a qualified appraiser who shall perform an appraisal of the Selection Rights in conformity with the standards of the Appraisal Foundation and utilizing the methodology customarily used by the Minerals Management Service of the Department of the Interior in valuing such interests. Such appraiser shall be selected by the mutual agreement of Koniag and the Secretary, or if such agreement is not reached within 60 days after such initial meeting, then Koniag and the Secretary, no later than 90 days after such initial meeting, shall each designate an appraiser who is qualified to perform the appraisal. The 2 appraisers so identified shall select a third qualified appraiser who shall perform the appraisal. Within 180 days after the selection of the third appraiser, a written appraisal report setting out the value of the Selection Rights and the methodology used to arrive at it, shall be delivered to the Secretary and to Koniag. (3) Within 60 days after the receipt of the appraisal report described in paragraph (2), the Secretary shall determine the value of the Selection Rights and shall immediately notify Koniag of such determination. If Koniag does not agree with the value as determined by the Secretary, the procedures specified in section 206(d) of Public Law 94-579, as amended, shall be used to establish the value, but the average value per acre of the Selection Rights shall not be more than $300. SEC. 6. KONIAG ACCOUNT. (a) Establishment.--(1) Notwithstanding any other provision of law, on October 1, 1996, the Secretary of the Treasury, in consultation with the Secretary, shall establish a Koniag Account. (2) Beginning on October 1, 1996, the balance of the account shall-- (A) be available to Koniag for bidding on and purchasing property sold at public sale, subject to the conditions described in paragraph (3); and (B) remain available until expended. (3)(A) Koniag may use the account established under paragraph (1) to bid as any other bidder for property (wherever located) at any public sale by an agency and may purchase the property in accordance with applicable laws and regulations of the agency offering the property for sale. Notwithstanding any other provision of law, the right to draw against such account shall be assignable in whole or in part by Koniag, but no assignment shall be recognized by the Secretary of the Treasury until written notice thereof is filed with the Secretary of the Treasury and the Secretary of the Interior by Koniag. (B) In conducting a transaction described in subparagraph (A), an agency shall accept, in the same manner as cash, any amount tendered from the account established by the Secretary of the Treasury under paragraph (1). The Secretary of the Treasury shall adjust the balance of the account to reflect the transaction. (C) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures to permit the account established under paragraph (1) to-- (i) receive deposits; (ii) make deposits into escrow when an escrow is required for the sale of any property; and (iii) reinstate to the account any unused escrow deposits in the event sales are not consummated. (b) Amount.--The initial balance of the account established in subsection (a) shall be equal to the value of the Selection Rights as determined pursuant to section 5 of this Act. (c) Treatment of Amounts From Account.--(1) The Secretary of the Treasury shall deem as cash payments any amount tendered from the account established pursuant to subsection (a) and received by agencies as proceeds from a public sale of property, and shall make any transfers necessary to allow an agency to use the proceeds in the event an agency is authorized by law to use the proceeds for a specific purpose. (2)(A) Subject to subparagraph (B), the Secretary of the Treasury and the heads of agencies shall administer sales pursuant to this section in the same manner as is provided for any other Alaska native corporation authorized by law as of the date of enactment of this section (including the use of similar accounts for bidding on and purchasing property sold for public sale). (B) Amounts in an account created for the benefit of a specific Alaska native corporation may not be used to satisfy the property purchase obligations of any other Alaska native corporation. (d) Revenues.--The Selection Rights shall be deemed to be an interest in the subsurface for purposes of section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

Alaska Peninsula Wilderness Designation Act of 1993 - Designates the following lands in Alaska as components of the National Wilderness Preservation System: (1) the Aniakchak Wilderness within the Aniakchak National Monument and Preserve; (2) the Alaska Peninsula Wilderness within the Alaska Peninsula National Wildlife Refuge; and (3) the addition of specified lands within the Becharof National Wildlife Refuge to the Becharof Wilderness. Provides for the relinquishment of Koniag, Inc., Selection Rights (oil and gas rights) to specified lands in Alaska in exchange for Certificates of Value which could be used only with respect to Outer Continental Shelf oil and gas leases.

Alaska Peninsula Wilderness Designation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Freedom Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) The rights of eligible citizens to seek election to Congress, vote for candidates of their choice and associate for the purpose of taking part in elections, including the right to create and develop new political parties, are fundamental to a democracy. The rights of citizens to participate in the election process for members of Congress are set forth in article I. The United States Supreme Court has held that the states are powerless to discriminate against a class of candidates for Congress. Cook v. Gralike, ____ US ____ (decision of February 28, 2001). The United States Supreme Court has also held that all voters must be treated equally. Bush v. Gore, ____ US ____ (decision of December 12, 2000). (2) The voters of the various states sometimes elect candidates to Congress who are neither nominees, nor members, of the two major political parties. According to the Clerk of the U.S. House of Representatives, voters have on at least 125 occasions elected someone to the U.S. House of Representatives who was neither a Republican nor a Democrat. According to a recent compilation, throughout the twentieth century, the percentage of voters who have voted for minor party and independent candidates for the U.S. House of Representatives has averaged 3.7 percent. On November 7, 2000, it was 4.2 percent. Clearly, a substantial number of voters desire to vote for candidates for the U.S. House of Representatives who are minor party nominees and/or independent candidates. Such voters have existed in fairly substantial numbers in every decade of the twentieth century, and may be expected to exist in the twenty-first century. (3) Some states have enacted election laws which require minor party nominees, or independent candidates, for the U.S. House of Representatives, to submit petitions signed by more than 10,000 registered voters within a district. For example, Georgia requires such candidates to not only pay a filing fee, but to submit a petition signed by 5 percent of the number of registered voters in the district. The signatures must be notarized. By contrast, members of political parties which have polled 20 percent for President of the United States throughout the entire nation, or which have polled 20 percent for Governor of Georgia, need not submit any petition signatures. No candidate for U.S. House of Representatives from Georgia has managed to comply with the 5 percent petition requirement since 1964. North Carolina requires an independent candidate for the U.S. House of Representatives to submit a petition signed by 4 percent of the number of registered voters in the district. By contrast, members of qualified political parties need not submit any petitions in North Carolina to run for Congress. No independent candidate for the U.S. House of Representatives has ever qualified for the North Carolina ballot. South Carolina requires an independent candidate for the U.S. House of Representatives to submit a petition signed by 10,000 signatures. By contrast, members of qualified political parties need not submit any petition signatures in order to run for Congress. No independent candidate for the U.S. House of Representatives has ever qualified for the South Carolina ballot. California requires an independent candidate for the U.S. House of Representatives to submit a petition signed by 3 percent of the number of registered voters in the district. By contrast, members of qualified political parties only need to submit 40 signatures in order to run for U.S. House of Representatives. (4) Throughout all U.S. history, there are only four individuals who have ever successfully overcome a signature requirement greater than 10,000 signatures in order to gain a place on a ballot for U.S. House of Representatives. They are Frazier Reems, an independent member of the U.S. House of Representatives from Ohio who had to collect 12,920 valid signatures in the 9th district in 1954 in order to run for re- election; Jack Gargan, the Reform Party nominee for Florida's 5th district in 1998, who had to collect 12,141 valid signatures; Steven Wheeler, an independent candidate in California's 22nd district in 1996, who had to collect 10,191 valid signatures; and Steve Kelly, independent candidate for Montana's At-Large seat in 1994, who had to collect 10,186 valid signatures. (5) Other states do not require independent candidates, or the candidates of unqualified parties, to submit large numbers of signatures in order to run for the U.S. House of Representatives, and yet they do not suffer from a crowded ballot. Florida no longer requires any signatures on a petition for anyone to run for Congress, yet in 2000 there was no U.S. House race in Florida with more than 4 candidates on the ballot. Florida requires a filing fee instead of a petition for ballot access for everyone. Hawaii and Tennessee only require 25 signatures for anyone to run for Congress. Washington does not require any signatures for members of qualified parties to run for public office, and only requires 25 signatures from other individuals to run for the United States House of Representatives. New Jersey only requires 100 signatures for any individual to run for United States House of Representatives as an independent, or 200 signatures to run in a party primary. It is clear from the experience of such states that no state needs to require as many as 10,000 or 15,000 signatures for candidates to run for the House in order to keep the ballot uncluttered. (6) Some states have enacted laws which require new political parties, or independent candidates, to file a substantial number of petitions as much as ten months or more before a general election. Illinois requires independent candidates for Congress to file a petition in December of the year before the general election. Such petitions must be signed by 5 percent of the last vote cast for the seat they are seeking. Although members of qualified parties must also submit petitions by the same early date, members of qualified parties only need one-tenth as many signatures. For mid-term election years, Ohio requires new political parties to submit a petition equal to 1 percent of the last vote cast, by January. In presidential election years, Ohio requires such a petition by November of the year before the election. California requires a new political party to have registered members equal to 1 percent of the last vote cast by October of the year before an election. Mississippi requires independent candidates for Congress to file a petition by January of an election year. (7) Some states print partisan ballot labels on the general election ballot for some candidates for Congress, yet refuse to print such labels for other candidates for Congress. Virginia prints party labels on the ballot if the candidate is the nominee of a party which polled 10 percent of the statewide vote at a previous election. Other candidates must be labelled ``independent'', whether they are the nominees of a minor or new party or whether they really are independents. Louisiana prints party labels for candidates who are members of a party that has registration membership of 5 percent, or which polled 5 percent for president at the last election. Other candidates may not have any partisan label printed on the ballot next to their names, not even the term ``independent''. (8) The establishment of fair and uniform national standards for access to the ballot in elections for the U.S. House of Representatives would remove barriers to the participation of citizens in the electoral process and thereby facilitate such participation and maximize the rights identified in this subsection. (9) The Congress has authority, under the provisions of the Constitution of the United States in sections 4 and 8 of article I, to protect and promote the exercise of the rights identified in this subsection. (b) Purposes.--The purposes of this Act are-- (1) to establish fair and uniform standards regulating access to the ballot by eligible citizens who desire to seek election to the U.S. House of Representatives and political parties, bodies and groups which desire to take part in elections to the U.S. House of Representatives; and (2) to maximize the participation of eligible citizens in elections for Federal office. SEC. 3. BALLOT ACCESS RIGHTS. (a) In General.--An individual shall have the right to be placed as a candidate on, and to have such individual's political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a Congressional election, if-- (1) such individual presents a petition stating in substance that its signers desire such individual's name and political party, body or group affiliation, if any, to be placed on the ballot or other similar voting materials to be used in the election with respect to which such rights are to be exercised; (2) such petition has at least 1,000 signatures of persons who are registered to vote in the district, or, if the State in which the district is located does not provide for voter registration, such petition must bear the signatures of at least 1,000 persons who are eligible to vote in that State and that district; (3) with respect to an election the date of which was fixed 345 or more days in advance, such petition was circulated during a period beginning on the 345th day and ending on the 75th day before the date of the election; and (4) with respect to an election the date of which was fixed less than 345 days in advance, such petition was circulated during a period established by the State holding the election, or, if no such period was established, during a period beginning on the day after the date the election was scheduled and ending on the thirtieth day before the date of the election. (b) Savings Provision.--Subsection (a) shall not apply with respect to any State that provides by law for greater ballot access rights than the ballot access rights provided for under such subsection. SEC. 4. RULEMAKING. The Attorney General shall make rules to carry out this Act. SEC. 5. GENERAL DEFINITIONS. As used in this Act-- (1) the term ``Congressional election'' means a general or special election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; (2) the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; (3) the term ``individual'' means an individual who has the qualifications required by law of a person who holds the office for which such individual seeks to be a candidate; (4) the term ``petition'' includes a petition which conforms to section 3(a)(1) and upon which signers' addresses and/or printed names are required to be placed; (5) the term ``signer'' means a person whose signature appears on a petition and who can be identified as a person qualified to vote for an individual for whom the petition is circulated, and includes a person who requests another to sign a petition on his or her behalf at the time when, and at the place where, the request is made; (6) the term ``signature'' includes the incomplete name of a signer, the name of a signer containing abbreviations such as first or middle initial, and the name of a signer preceded or followed by titles such as ``Mr.'', ``Ms.'', ``Dr.'', ``Jr.'', or ``III''; and (7) the term ``address'' means the address which a signer uses for purposes of registration and voting.

Voter Freedom Act of 2003 - Declares that an individual shall have the right to be placed as a candidate on, and to have his or her political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a congressional election, if certain conditions are met.Requires the individual to present a petition stating that its signers desire the individual's name and political party, body, or group affiliation, if any, to be placed on the ballot or other similar voting materials to be used in the election with respect to which such rights are to be exercised. Requires such petition to have at least 1,000 signatures of registered voters in the district, or, if the State in which the district is located does not provide for voter registration, to bear the signatures of at least 1,000 eligible voters in that State and district.Specifies the period during which a petition must be circulated.

To enforce the guarantees of the first, fourteenth, and fifteenth amendments to the Constitution of the United States by prohibiting certain devices used to deny the right to participate in certain elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Statehood Admission Process Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1898, Puerto Rico became a United States territory and persons born in Puerto Rico have been granted United States citizenship since 1917, pursuant to Public Law 64-368. (2) In 1950, Congress enacted Public Law 81-600, authorizing Puerto Rico to draft a local constitution. In 1951, a constitutional convention was held in Puerto Rico to draft the constitution. On March 3, 1952, Puerto Rico ratified the constitution and submitted it for approval by Congress. On July 3, 1952, Congress enacted Public Law 82-447, which made changes to the constitution, and approved the constitution subject to Puerto Rico's acceptance of these changes. The changes were accepted by the delegates to the constitutional convention, and the constitution of Puerto Rico took effect on July 25, 1952. The constitution establishes a republican form of government, is not repugnant to the Constitution of the United States, and is the functional equivalent of a state constitution. (3) On November 6, 2012, the Government of Puerto Rico held a two-part plebiscite organized under local law. The first question asked voters if Puerto Rico should continue to be a territory, and 54 percent of voters rejected territory status. The second question asked voters to express their preference among the three possible alternatives to territory status-- statehood, independence, and nationhood in free association with the United States--and 61 percent of voters who selected an option chose statehood. The number of votes cast for statehood on the second question exceeded the number of votes cast for continued territory status on the first question. (4) On August 1, 2013, the Committee on Energy and Natural Resources of the Senate held a hearing to receive testimony on the 2012 plebiscite. In his opening statement, the Chairman of the Committee said that ``there is no disputing that a majority of the voters in Puerto Rico--54 percent--have clearly expressed their opposition to continuing the current territorial status''. The ranking minority member of the Committee agreed, stating that ``it is clear to me that the majority of Puerto Ricans do not favor the current territorial status''. (5) Also at the August 1, 2013 hearing, the Chairman recognized that ``for Puerto Rico to meet its economic and social challenges and to achieve its full potential, this debate over status needs to be settled'' and that ``the current relationship undermines the United States' moral standing in the world. For a nation founded on the principles of democracy and the consent of the governed, how much longer can America allow a condition to persist in which nearly four million U.S. citizens do not have a vote in the government that makes the national laws which affect their daily lives?'' The Chairman acknowledged that, for Puerto Rico to have full self- government, it must become ``a sovereign nation or achieve equality among the States of the Union''. (6) The President's Fiscal Year 2014 Budget requested $2.5 million for the first Federally sponsored plebiscite in Puerto Rico's history, to be held on options that would ``resolve Puerto Rico's future political status'' and that are found by the Department of Justice not to be ``incompatible with the Constitution and laws and policies of the United States''. This proposal was enacted in January 2014 as part of Public Law 113- 76. (7) Alaska and Hawaii are the most recent territories to become States of the Union. Public Law 85-508 (July 7, 1958), ``an act to provide for the admission of the State of Alaska into the Union'', and Public Law 86-3 (March 18, 1959), ``an act to provide for the admission of the State of Hawaii into the Union'', were enacted after a majority of voters in each territory expressed a desire for statehood in plebiscites organized under local law. These Acts of Congress provided that admission would occur if a majority of voters affirmed in a Federally sponsored plebiscite that the territory should ``be admitted into the Union as a State''. The Federally sponsored plebiscite in the territory of Alaska was held on August 26, 1958, and Alaska was admitted into the Union on January 3, 1959. The Federally sponsored plebiscite in the territory of Hawaii was held on June 27, 1959, and Hawaii was admitted into the Union on August 21, 1959. SEC. 3. VOTE ON ADMISSION. (a) Vote.--The State Elections Commission of Puerto Rico is authorized to provide for a vote on the admission of Puerto Rico into the Union as a State within one year of the date of enactment of this Act, in accordance with rules and regulations determined by the Commission, including qualifications for voter eligibility. The ballot shall ask the following question: ``Shall Puerto Rico be admitted as a State of the United States? Yes__ No__''. (b) Funds for Vote.--The funds made available pursuant to Public Law 113-76 may be used to conduct the vote. SEC. 4. CERTIFICATION AND TRANSMITTAL OF RESULTS. Not later than 10 days after the certification of the vote by the State Elections Commission of Puerto Rico, the Governor of Puerto Rico shall transmit the certified results to the President of the United States, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. SEC. 5. TRANSITION PROCESS. If a majority of the votes cast in the vote conducted pursuant to section 3 are for Puerto Rico's admission into the Union as a State-- (a) Proclamation.--Within 30 calendar days of receipt of the certified results transmitted pursuant to section 4, the President shall issue a proclamation to begin the transition process that will culminate in Puerto Rico's admission into the Union as a State effective January 1, 2021. (b) Commission.--Within 90 calendar days of receipt of the certified results transmitted pursuant to section 4, the President shall appoint a Commission on the Equal Application of Federal Law to Puerto Rico. (1) Purpose.--The Commission shall survey the laws of the United States and make recommendations to Congress as to how laws that do not apply to the territory or apply differently to the territory than to the several States should be amended or repealed to treat Puerto Rico equally with the several States as of the date of the admission of Puerto Rico into the Union as a State. (2) Membership.--The Commission shall consist of five persons, at least two of whom shall be residents of Puerto Rico. (3) Report.--The Commission shall issue a final report to the President of the United States, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate by July 1, 2018. (4) Termination.--Upon issuing the final report under paragraph (3), the Commission shall terminate. (5) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14, shall apply to the Commission. SEC. 6. RULES FOR ELECTIONS FOR FEDERAL OFFICES. (a) Preparation for Elections.--Not later than January 1, 2020, Puerto Rico shall carry out such actions as may be necessary to enable Puerto Rico to hold elections for Federal office in November 2020 in accordance with this section. (b) Presidential Election.--With respect to the election for the office of President and Vice President held in November 2020-- (1) Puerto Rico shall be considered a State for purposes of chapter 21 of title 3, United States Code; (2) the electors of Puerto Rico shall be considered electors of a State for purposes of such chapter; and (3) for purposes of section 3 of such title, the number of electors from Puerto Rico shall be equal to the number of Senators and Representatives to which Puerto Rico is entitled during the One Hundred Seventeenth Congress, as determined in accordance with subsections (c) and (d). (c) Election of Senators.-- (1) Election of 2 senators.--The regularly scheduled general elections for Federal office held in Puerto Rico during November 2020 shall include the election of 2 Senators, each of whom shall first take office on the first day of the One Hundred Seventeenth Congress. (2) Special rule.--In the election of Senators from Puerto Rico pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned. (d) Election of Representatives.-- (1) In general.--Effective on the first day of the One Hundred Seventeenth Congress, and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2020, Puerto Rico shall be entitled to the number of Representatives to which it would have been entitled for the One Hundred Sixteenth Congress if Puerto Rico had been a State during such Congress, as shown in the statement transmitted by the President to Congress under paragraph (2). (2) Determination of initial number.-- (A) Determination.--Not later than July 1, 2019, the President shall submit to Congress a statement of the number of Representatives to which Puerto Rico would have been entitled for the One Hundred Sixteenth Congress if Puerto Rico had been a State during such Congress, in the same manner as provided under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)). (B) Submission of number by clerk.--Not later than 15 calendar days after receiving the statement of the President under subparagraph (A), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall transmit to the Governor of Puerto Rico and the Speaker of the House of Representatives a certificate of the number of Representatives to which Puerto Rico is entitled during the period described in paragraph (1). (3) Termination of office of resident commissioner.-- Effective on the date on which a Representative from Puerto Rico first takes office in accordance with this subsection, the Office of the Resident Commissioner to the United States, as described in section 36 of the Act of March 2, 1917 (48 U.S.C. 891 et seq.), is terminated. (e) Administration of Primary Elections.--Puerto Rico may hold primary elections for the offices described in this section at such time and in such manner as Puerto Rico may provide, so long as such elections are held in the manner required by the laws applicable to elections for Federal office. SEC. 7. ISSUANCE OF PRESIDENTIAL PROCLAMATION. Following the transition process set forth in section 5, the President shall issue a proclamation declaring that Puerto Rico is admitted into the Union on an equal footing with the other States, effective January 1, 2021. Upon issuance of the proclamation by the President, Puerto Rico shall be deemed admitted into the Union as a State. SEC. 8. STATE OF PUERTO RICO. Upon the admission of Puerto Rico into the Union as a State-- (a) State Constitution.--The Constitution of the Commonwealth of Puerto Rico shall be accepted as the Constitution of the State. (b) Territory.--The State shall consist of all of the territory, together with the waters included in the seaward boundary, of the Commonwealth of Puerto Rico. (c) Continuity of Government.--The persons holding legislative, executive, and judicial offices of the Commonwealth of Puerto Rico shall continue to discharge the duties of their respective offices. (d) Continuity of Laws.-- (1) Territory law.--All of the territory laws in force in Puerto Rico shall continue in force and effect in the State, except as modified by this Act, and shall be subject to repeal or amendment by the Legislature and the Governor of Puerto Rico. (2) Federal law.--All of the laws of the United States shall have the same force and effect as on the date immediately prior to the date of admission of Puerto Rico into the Union as a State, except for any provision of law that treats Puerto Rico and its residents differently than the States of the Union and their residents, which shall be amended as of the date of admission to treat the State of Puerto Rico and its residents equally with the other States of the Union and their residents. SEC. 9. EFFECT ON MEMBERSHIP OF HOUSE OF REPRESENTATIVES. (a) Temporary Increase During Initial Period.-- (1) Temporary increase.--During the period described in paragraph (1) of section 6(d)-- (A) the membership of the House of Representatives shall be increased by the number of Members to which Puerto Rico is entitled during such period; and (B) each such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) No effect on existing apportionment.--The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not, during the period described in paragraph (1) of section 6(d)-- (A) operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (2 U.S.C. 2); or (B) affect the basis of reapportionment established by the Act of June 28, 1929, as amended (2 U.S.C. 2a), for the Eighty Second Congress and each Congress thereafter. (b) Permanent Increase Effective With Next Reapportionment.-- (1) In general.--Effective with respect to the One Hundred Eighteenth Congress and each succeeding Congress, the House of Representatives shall be composed of a number of Members equal to the sum of 435 plus the number by which the membership of the House was increased under subsection (a). (2) Reapportionment of members resulting from increase.-- (A) In general.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``the number of Representatives established with respect to the One Hundred Eighteenth Congress''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to the regular decennial census conducted for 2020 and each subsequent regular decennial census.

Puerto Rico Statehood Admission Process Act Authorizes the State Elections Commission of Puerto Rico to provide for a vote on Puerto Rico's admission into the Union as a state within one year of this Act's enactment. Requires the governor of Puerto Rico to transmit the results of such vote to the President, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate within 10 days after the certification of the vote by the Commission. Directs the President, if a majority of the votes cast are for Puerto Rico's admission as a state: (1) within 30 calendar days of receipt of the certified results, to issue a proclamation to begin the transition process that will culminate in Puerto Rico's admission as a state effective January 1, 2021; and (2) within 90 calendar days of such receipt, to appoint a Commission on the Equal Application of Federal Law to Puerto Rico, which shall survey U.S. laws and submit recommendations to Congress by July 1, 2018, as to how laws that do not apply, or that apply differently, to the territory should be amended or repealed to treat Puerto Rico equally. Requires Puerto Rico to carry out necessary actions by January 1, 2020, to enable it to hold elections for federal office in November 2020, including the election to the 117th Congress of two U.S. Senators and the number of Representatives to which it would have been entitled for the 116th Congress if it had been a state during such Congress. Provides for a temporary increase in the membership of the House of Representatives initially and a permanent increase effective with the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2020. Requires the President, following a transition process, to issue a proclamation declaring that Puerto Rico is admitted to the Union on an equal footing with the other states, effective January 1, 2021. Sets forth provisions regarding the continuity of government and the continuity of laws of Puerto Rico.

Puerto Rico Statehood Admission Process Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``JCPOA Enforcement Transparency Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States entered into the Joint Comprehensive Plan of Action (JCPOA) on July 14, 2015, without the approval of Congress. (2) The JCPOA established the Joint Commission in Annex IV of the agreement. (3) The JCPOA placed detailed limitations on components of Iran's nuclear agreement, and required those limitations to be met by Implementation Day, which took place on January 16, 2016. (4) The Joint Commission provided alternate arrangements regarding some Iranian nuclear stocks and facilities prior to January 16, 2016. (5) The JCPOA capped Iran's stockpile of low enriched uranium (LEU) at 300 kilograms (kg). (6) Iran was granted an exemption to retain more than 300 kg of LEU by the Joint Commission. (7) The JCPOA required all Iranian uranium oxide enriched to between 5 percent and 20 percent to be fabricated into fuel plates for the Tehran Research Reactor or transferred outside of Iran or diluted to an enrichment level of 3.67 percent or less. (8) The Joint Commission found near 20 percent LEU in ``lab contaminant'' that was judged as unrecoverable. (9) Under the JCPOA, Iran committed to only develop, acquire, build, or operate hot cells, shielded cells, or shielded glove boxes with dimensions less than 6 cubic meters for 15 years. (10) Prior to Implementation Day, the Joint Commission agreed to allow Iran to continue operating 19 large hot cells in three Tehran locations and one Karaj location which are in excess of the 6 cubic meter limitation. (11) In July 2016, the Joint Commission established a Technical Working Group to evaluate stocks of Iranian 3.67 percent LEU and other stocks. (12) Ensuring Iranian compliance with the JCPOA is tantamount to restricting breakout times for the development of a nuclear weapon. (13) The current Administration's policy to maintain secrecy on the decisions of the Joint Commission and its Technical Working Group interferes in the process of establishing adequate congressional and public oversight of the JCPOA. SEC. 3. NOTIFICATION AND JUSTIFICATION REQUIREMENT FOR DECISIONS ISSUED BY THE JOINT COMMISSION AND TECHNICAL WORKING GROUP. (a) In General.--The President, in consultation with the Secretary of State, the Secretary of Energy, and the heads of other relevant agencies, shall-- (1) not later than 30 days after the date of the enactment of this Act, notify the appropriate congressional committees of all past decisions made by the Joint Commission or the Technical Working Group; and (2) not later than 30 days after each subsequent decision made by the Joint Commission, the Technical Working Group, or any subsequent working group established by the JCPOA, notify the appropriate congressional committees of such decision. (b) Elements.--The notification required under subsection (a) shall include the following elements: (1) A description of the decision. (2) A justification for the decision. (3) An unclassified summary of the decision, with a classified annex if necessary. SEC. 4. PUBLICATION OF DECISIONS. The Secretary of State shall publish on a publicly available Internet website a description of the decision-making process and a summary of all decisions granted by the Joint Commission, the Technical Working Group, or any subsequent working group established under the auspices of the JCPOA. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States representative to the Joint Commission, the Technical Working Group, or any subsequent working group established under the auspices of the JCPOA should oppose any exemptions or modifications to requirements for Iran under the JCPOA; and (2) the workings of the Joint Commission, the Technical Working Group, and any subsequent working group established under the auspices of the JCPOA to evaluate Iranian compliance to JCPOA requirements should proceed in an open and transparent manner. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (2) Joint commission.--The term ``Joint Commission'' means the group comprised of representatives of Iran and the E3/EU+3, as defined in Annex IV of the JCPOA. (3) Joint comprehensive plan of action and jcpoa.--The terms ``Joint Comprehensive Plan of Action'' and ``JCPOA'' mean the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, all implementing materials and agreements related to the Joint Comprehensive Plan of Action, and any other subsequent agreement with Iran that addresses the Iran nuclear issue. (4) Technical working group.--The term ``Technical Working Group'' means the Technical Working Group established by the Joint Commission in July 2016 to consider further exemptions under the JCPOA relating to Iran's stock of 3.5 percent low enriched uranium.

JCPOA Enforcement Transparency Act of 2016 This bill requires the President to notify the appropriate congressional committees: (1) within 30 days after enactment of this Act, of all past decisions made by the Joint Commission or the Technical Working Group under the Joint Comprehensive Plan of Action (JCPOA), signed at Vienna on July 14, 2015; and (2) of each subsequent decision made by such commission, such working group, or any subsequent working group established under the JCPOA within 30 days after such decision is made. The Department of State shall publish on a publicly available Internet website a description of the decision-making process and a summary of all decisions granted by such commission or working group.

JCPOA Enforcement Transparency Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Excise, Sales, and Transaction Tax Enforcement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) a long line of decisions of the United States Supreme Court has established that States have the right to collect lawfully imposed nondiscriminatory State excise, sales, and transaction taxes on the purchase of a good or service from an Indian tribe (including a tribal government or tribal corporation) by a person who is not a member of that Indian tribe; (2) the collection of the taxes referred to in paragraph (1) has been impeded by the assertion of tribal immunity by Indian tribes (including tribal governments and corporations) and members of an Indian tribe as a defense in an action in a Federal court that is necessary to enforce the collection of the State taxes that apply to the sales referred to in paragraph (1); and (3) the failure of an Indian tribe (including a tribal government or tribal corporation) or a member of an Indian tribe to act as an agent of a State to collect a State tax referred to in paragraph (1)-- (A) unlawfully deprives that State of essential tax revenues needed for infrastructure improvement and ensuring the health and welfare of all of the citizens of that State; and (B) creates a disadvantage for law-abiding businesses that are not associated with the Indian tribe and that fulfill their obligation to act as an agent of the State, and, as a result of that disadvantage, some of those businesses may be forced out of business. SEC. 3. COLLECTION OF STATE TAXES. Section 1362 of title 28, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``The district courts''; (2) by inserting ``(referred to in this section as an `Indian tribe')'' after ``Interior''; and (3) by adding at the end the following: ``(b) Collection of Qualified State Taxes by Indian Tribes.-- ``(1) Definitions.--In this subsection: ``(A) Good or service.--The term `good or service' includes any tobacco product or motor fuel (within the meaning of the Internal Revenue Code of 1986). ``(B) Qualified state tax.-- ``(i) In general.--The term `qualified State tax' means any lawfully imposed, nondiscriminatory excise, sales, or transaction tax imposed by a State on a purchase of a good or service from a tribal retail enterprise by a person who is not a member of that Indian tribe. ``(ii) Exceptions.--The term does not include any State tax-- ``(I) imposed on the sale of a good or service by a tribal retail enterprise to a person who is not a member of an Indian tribe with respect to which, as of the date of enactment of the State Excise, Sales, and Transaction Tax Enforcement Act of 1998, the tribal retail enterprise is exempted under the law of that State from collecting and remitting because the Indian tribe associated with that tribal retail enterprise imposes and collects an equivalent tax on such sale in an amount equal to the tax that would otherwise be imposed by the State; ``(II) imposed on the sales of a tribal retail enterprise if, as of the date of enactment of the State Excise, Sales, and Transaction Tax Enforcement Act of 1998, the State has waived the applicability of that tax to the purchase of a good or service from that tribal retail enterprise by a person who is not a member of the Indian tribe of the owner or operator of that tribal retail enterprise; ``(III) that is the subject, as of the date of enactment of the State Excise, Sales, and Transaction Tax Enforcement Act of 1998, of an agreement between a tribal retail enterprise and a State that exempts that tribal retail enterprise from collecting and remitting that tax; or ``(IV) with respect to which the incidence of the tax falls on an Indian tribe (including a tribal government or tribal corporation) or member of an Indian tribe. ``(C) Tribal immunity.--The term `tribal immunity' means the immunity of an Indian tribe (including a tribal government or tribal corporation) from jurisdiction of the Federal courts, judicial review of an action of that Indian tribe, and other remedies. ``(D) Tribal retail enterprise.--The term `tribal retail enterprise' includes any entity that-- ``(i) is owned or operated by an Indian tribe (including a tribal government or tribal corporation) or member of an Indian tribe; and ``(ii) engages in the business of the wholesale or retail sales of a good or service. ``(2) Collection of qualified state taxes.--Subject to paragraph (3), the owner or operator of a tribal retail enterprise shall collect and remit such qualified State taxes as the owner or operator of the tribal retail enterprise is required to collect and remit. ``(3) Conflict resolution.-- ``(A) Declaratory judgments.--A State may bring an action for a declaratory judgment under section 2201 of this title in a district court of appropriate jurisdiction concerning the applicability or lawfulness of a qualified State tax referred to in paragraph (2). ``(B) Actions.--A State may bring an action against a tribal retail enterprise, or the Indian tribe (including a tribal government or tribal corporation) or member of an Indian tribe that owns or operates the tribal retail enterprise in a district court of appropriate jurisdiction to enforce the collection or remittance of a qualified State tax under paragraph (2). ``(C) Waiver of tribal immunity.--In an action referred to in subparagraph (A) or (B), to the extent necessary to obtain a judgment in that action, the tribal immunity of the Indian tribe (including a tribal government or tribal corporation) or member of the Indian tribe is waived.''. SEC. 4. APPLICABILITY. The amendments made by section 3 shall apply to sales of goods or services referred to in section 1362(b) of title 28, United States Code, as added by section 3, that are made after the date of enactment of this Act.

State, Excise, Sales, and Transaction Tax Enforcement Act of 1998 - Amends the Federal judicial code to require the owners and operators of tribal retail enterprises to collect and remit qualified State taxes. Allows a State to bring an action in a district court: (1) for a declaratory judgment concerning the applicability or lawfulness of such a tax; or (2) against a tribal retail enterprise or the Indian tribe or a tribal member that owns or operates the enterprise to enforce the collection or remittance of such a tax. Defines a "qualified State tax" as any lawfully imposed, nondiscriminatory excise, sales, or transaction tax imposed by a State on a purchase of a good or service from a tribal retail enterprise by a person who is not a member of that Indian tribe, excluding any State tax: (1) imposed on a purchase from an enterprise that is exempted under State law from collecting and remitting because the associated Indian tribe imposes and collects an equivalent tax; (2) imposed on a sale if the State has waived the applicability of that tax to a purchase from the enterprise by a person who is not a member of the associated tribe; (3) that is the subject of an agreement between an enterprise and a State that exempts that enterprise from collecting and remitting that tax; or (4) the incidence of which falls on an Indian tribe or a member of an Indian tribe.

State Excise, Sales and Transaction Tax Enforcement Act of 1998

That section 4 of Public Law 94-456 (43 U.S.C. 1611 note) is amended-- (1) by striking out ``subsection (a)'' in subsection (c) and inserting in lieu thereof ``subsections (a) and (d)''; and (2) by adding at the end the following: ``(d)(1) In order to convey to the Village Corporations named in this subsection certain lands the Villages have selected under section 12(a) of the Settlement Act, the Secretary shall convey all right, title, and interest of the United States in and to the surface estate of the lands described in paragraph (2) to the Village Corporations within Cook Inlet Region named in paragraph (2) in partial satisfaction of each Village Corporation's statutory entitlement under section 12(a) of the Settlement Act. Conveyances shall be made pursuant to sections 12(a) and 14(f) of the Settlement Act. The conveyances described in paragraph (2) shall be made within 90 days after the date of enactment of this subsection. ``(2) The lands described in this paragraph are to be conveyed to Village Corporations as follows: To Chickaloon-Moose Creek Native Association, Inc.: seward meridian, alaska Township 1 North, Range 20 West (Unsurveyed) Sections 24, 25, and 36 (fractional). To Knikatnu, Inc.: seward meridian, alaska Township 1 South, Range 20 West (Unsurveyed) Section 1 (fractional). Township 3 South, Range 20 West (Unsurveyed) Section 3 (fractional); Sections 4 and 9. Township 1 North, Range 20 West (Unsurveyed) Section 9 (fractional). To Ninilchik Native Association, Inc.: seward meridian, alaska Township 1 South, Range 19 West (Unsurveyed) Sections 29 and 32 (fractional). Township 2 South, Range 19 West (Unsurveyed) Sections 6 and 18 (fractional). Township 2 South, Range 20 West (Unsurveyed) Section 1 (fractional); Sections 6 and 14; Sections 23, 24, and 26 (fractional); Sections 32 and 33; Sections 34 and 35 (fractional). Township 3 South, Range 20 West (Unsurveyed) Section 10 (fractional). Township 3 South, Range 21 West (Unsurveyed) Sections 13 and 19 through 24, inclusive; Section 25 (fractional); Sections 32 and 34 (fractional). Township 1 North, Range 20 West (Unsurveyed) Sections 6 through 8 (fractional), inclusive; Section 16; Sections 22 and 23 (fractional); Section 26. Township 4 North, Range 19 West (Unsurveyed) Sections 20 and 36. To Seldovia Native Association, Inc.: seward meridian, alaska Township 2 South, Range 20 West (Unsurveyed) Section 13 (fractional). Township 3 South, Range 20 West (Unsurveyed) Sections 7 and 8; Section 16 (fractional); Sections 17 and 18; Sections 19 and 20 (fractional). To Tyonek Native Corporation: seward meridian, alaska Township 1 South, Range 20 West (Unsurveyed) Section 2 (fractional); Section 3. Township 2 South, Range 21 West (Unsurveyed) Section 36. Township 2 South, Range 20 West (Unsurveyed) Section 12 (fractional); Section 31. Township 3 South, Range 20 West (Unsurveyed) Sections 15, 21, and 30 (fractional). Township 3 South, Range 21 West (Unsurveyed) Section 26; Sections 27 and 28 (fractional); Sections 29 through 31 (fractional), inclusive; Sections 33, 35, and 36 (fractional). Township 1 North, Range 20 West (Unsurveyed) Section 15 (fractional); Section 35. Aggregating approximately 29,900 acres, more or less. ``(3) No later than 180 days following the completion of the conveyances required by paragraph (1), Cook Inlet Region, Inc., shall convey to each of the Village Corporations referred to in paragraph (2) the surface estate in such lands described in Appendix A of that certain Agreement dated August 31, 1976, known as the Deficiency Agreement, as the Village Corporations have identified, and in the order they identified in their priority selection rounds, to satisfy each Village Corporation's section 12(a) entitlement under the Settlement Act. ``(4) If the Secretary does not convey the lands in paragraph (2) within 90 days of the date of the enactment of this subsection, then all right, title, and interest of the United States in and to the surface estate of such lands shall nevertheless pass immediately to the Village Corporations named in paragraph (2). ``(5) Nothing in this subsection shall be construed to increase or decrease the entitlement under the Settlement Act of any of the Village Corporations named in this subsection or of Cook Inlet Region, Inc.''.

Amends Federal law to provide for conveyance of certain Alaskan lands under the Alaska Native Claims Settlement Act to: (1) Chickaloon-Moose Creek Native Association, Inc.; (2) Knikatnu, Inc.; (3) Ninilchik Native Association, Inc.; (4) Seldovia Native Association, Inc.; and (5) Tyonek Native Corporation.

To provide for conveyances of certain lands in Alaska to Chickaloon-Moose Creek Native Association, Inc., Ninilchik Native Association, Inc., Seldovia Native Association, Inc., Tyonek Native Corporation, and Knikatnu, Inc. under the Alaska Native Claims Settlement Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Library of Congress Modernization Act of 2016''. SEC. 2. AUTHORIZING NATIONAL LIBRARY SERVICE FOR THE BLIND AND PHYSICALLY HANDICAPPED TO PROVIDE PLAYBACK EQUIPMENT IN ALL FORMATS. (a) In General.--The first sentence of the Act entitled ``An Act to provide books for the adult blind'', approved March 3, 1931 (2 U.S.C. 135a), is amended by striking ``and for purchase, maintenance, and replacement of reproducers for such sound-reproduction recordings'' and inserting ``and for purchase, maintenance, and replacement of reproducers for any such forms''. (b) Effective Date.--This amendment made by subsection (a) shall apply with respect to fiscal year 2017 and each succeeding fiscal year. SEC. 3. LIBRARY OF CONGRESS NATIONAL COLLECTION STEWARDSHIP FUND. (a) Establishment.--There is hereby established in the Treasury of the United States, as an account for the Librarian of Congress, the ``Library of Congress National Collection Stewardship Fund'' (hereafter in this section referred to as the ``Fund''). (b) Use of Amounts.--Amounts in the Fund may be used by the Librarian as follows: (1) The Librarian may use amounts directly for the purpose of preparing collection materials of the Library of Congress for long-term storage. (2) The Librarian may transfer amounts to the Architect of the Capitol for the purpose of designing, constructing, altering, upgrading, and equipping collections preservation and storage facilities for the Library of Congress, or for the purpose of acquiring real property by lease for the preservation and storage of Library of Congress collections in accordance with section 1102 of the Legislative Branch Appropriations Act, 2009 (2 U.S.C. 1823a). (c) Contents of Fund.--The Fund shall consist of the following amounts: (1) Such amounts as may be transferred by the Librarian from amounts appropriated for any fiscal year for the Library of Congress under the heading ``Salaries and Expenses''. (2) Such amounts as may be transferred by the Architect of the Capitol from amounts appropriated for any fiscal year for the Office of the Architect of the Capitol under the heading ``Library of Congress Buildings and Grounds''. (3) Such amounts as may be appropriated to the Fund under law. (d) Continuing Availability of Funds.--Any amounts in the Fund shall remain available until expended. (e) Annual Report.--Not later than 180 days after the end of each fiscal year, the Librarian and the Architect of the Capitol shall submit a joint report on the Fund to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate. (f) Initial 5-Year Plan.--Not later than 6 months after the date of the enactment of this Act, the Librarian shall submit to the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and the Senate a report providing a plan for expenditures from the Fund for the first 5 fiscal years of the Fund's operation. (g) Effective Date.--This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year. SEC. 4. CONTINUATION OF SERVICE OF RETURNING MEMBERS OF JOINT COMMITTEE ON THE LIBRARY AT BEGINNING OF CONGRESS. (a) Continuation of Service.-- (1) In general.--During the period beginning on the first day of a Congress and ending on the date described in paragraph (2), any Member of Congress who served as a member of the Joint Committee on the Library during the previous Congress shall continue to serve as a member of the Joint Committee. (2) Date described.--The date described in this paragraph is, with respect to a Congress-- (A) in the case of a Member of Congress who is a Member of the House of Representatives, the date on which Members of the House are appointed to serve on the Joint Committee for the Congress; and (B) in the case of a Member of Congress who is a Senator, the date on which Senators are appointed to serve on the Joint Committee for the Congress. (3) Conforming amendment.--The final undesignated paragraph under the heading ``Senate.'' in section 2 of the Act of March 3, 1883 (chapter 141; 22 Stat. 592) (2 U.S.C. 133), is hereby repealed. (b) Transitional Chairmanship Prior to First Organizational Meeting.--During the period beginning on the first day of a Congress and ending on the date of the first organizational meeting of the Joint Committee on the Library, the Chairman of the Joint Committee on the Library shall be determined as follows: (1) If the member who served as Chairman during the previous Congress is appointed to serve on the Joint Committee for such Congress, such member shall serve as Chairman during such period. (2) If the member who served as Chairman during the previous Congress is not appointed to serve on the Joint Committee for such Congress but the member who served as Vice Chairman during the previous Congress is appointed to serve on the Joint Committee for such Congress, the member who served as Vice Chairman shall serve as Chairman during such period. (3) If neither the member who served as Chairman nor the member who served as Vice Chairman during the previous Congress is appointed to serve on the Joint Committee for such Congress-- (A) the member who is the Chairman of the Committee on House Administration of the House of Representatives shall serve as Chairman during such period if the Chairman during the previous Congress was a Member of the House of Representatives; or (B) the member who is the Chairman of the Committee on Rules and Administration of the Senate shall serve as Chairman during such period if the Chairman during the previous Congress was a Senator. (c) Effective Date.--This section and the amendment made by this section shall apply with respect to the One Hundred Fifteenth Congress and each succeeding Congress.

. Library of Congress Modernization Act of 2016 (Sec. 2) This bill authorizes the Library of Congress to purchase, maintain, or replace reproducers for books published either in raised characters, on sound-reproduction recordings, or in any other form (currently limited to reproducers of sound-reproduction recordings) for the use of the blind and for other physically disabled U.S. residents. (Sec. 3) The bill establishes the Library of Congress National Collection Stewardship Fund, whose amounts may be used for: preparing collection materials for long-term storage; and transferring amounts to the Architect of the Capitol for designing, constructing, altering, upgrading, and equipping collections preservation and storage facilities for the Library of Congress, or for acquiring real property by lease for the preservation and storage of Library of Congress collections. The Library of Congress shall report a plan for expenditures from the fund in its first five fiscal years of operation. (Sec. 4) The bill requires continued service on the Joint Committee on the Library in a new Congress, until new committee members are appointed, of Members of Congress who served on such Committee in the previous Congress. The bill also sets forth requirements for determining who shall serve as Chairman of the Joint Committee on the Library before its first organizational meeting in a new Congress.

Library of Congress Modernization Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited at the ``Clean Air and Water Preservation Act of 2000''. SEC. 2. FINDINGS. The Congress finds that: (1) The oxygenate requirement of the reformulated gasoline (``RFG'') program has proven effective in reducing emissions of exhaust hydrocarbons, nitrous oxide and carbon monoxide, known precursors to smog. (2) One oxygenate chosen by gasoline refiners to comply with the Clean Air Act regulations, methyl tertiary butyl ether (``MTBE''), has been discovered in water sources throughout the nation. (3) MTBE renders water undrinkable and is considered a probable carcinogen by the Environmental Protection Agency. (4) MTBE is highly soluble in water and slow to degrade. Only one gallon of MTBE is required to contaminate 26 million gallons of water. (5) An alternative oxygenate, ethanol, is a biobased product which produces the same reductions in emissions, is not as soluble in water, biodegrades rapidly, and is considered safe for the environment. (6) The oxygenate requirement of the RFG program requires 2 percent by weight of an oxygenate be added to gasoline. Ethanol contains approximately twice as much as oxygen as MTBE, therefore supplying the RFG program with sufficient ethanol to replace MTBE would require half the volume of MTBE currently used. (7) The ethanol industry is expanding rapidly. Production capacity in 1998 was estimated at 1.8 billion gallons. New production facilities that came on line in 1999 has greatly increased this capacity. (8) The Department of Agriculture projects the domestic ethanol industry will be able to produce the approximately 3.1 billion gallons of ethanol necessary to replace MTBE by 2004. (9) The U.S. Department of Agriculture estimates that replacing MTBE with ethanol will (A) increase the demand for corn for ethanol by more than 500 million bushels each year, improving the price of corn by 14 cents per bushel each year and increasing average total farm cash receipts by $1 billion each year; (B) create 13,000 new jobs; and (C) increase average US agricultural net export value by more than $200 million and reduce US import value of MTBE by $1.1 billion for an improved US trade balance of $1.3 billion each year. (10) Ethanol is an energy efficient fuel. A 1995 report by the USDA estimated one gallon of ethanol provides 25 percent more energy than production requires. Other studies show the net energy gain potential of ethanol could exceed 150 percent when state-of-the art agricultural and production technologies are used. (11) Ethanol is proven to enhance the performance of automobiles. Currently, all vehicle manufacturers approve the use of 10 percent ethanol blended fuels. (12) Replacing MTBE with ethanol would maintain the emissions reductions obtained through the RFG program without the water contamination problems associated with MTBE. (13) When implementing the Clean Air Act Amendments of 1990, the Environmental Protection Agency required, by regulation, that each gallon of gasoline sold in the RFG program contain a minimum of 1.5 percent by weight of oxygenate. This was not the intent of Congress in passing the oxygenate requirement and prohibits the most efficient use of oxygenates. Lifting this regulatory requirement will provide refiners more flexibility for complying with the RFG program and provide high performance gasoline year-round. (14) Providing such flexibility in the use of oxygenates could lead to an increase in the use of aromatics, many of which are known carcinogens. Therefore, a limit on the amount of aromatics added to gasoline is necessary to protect public health. (15) Providing such flexibility in the use of oxygenates could lead to an increase in emissions. Therefore, a prohibition against an increase in emissions above the level achieved by RFG gasoline is necessary to protect air quality. SEC. 3. USE OF MTBE AS A FUEL ADDITIVE. (a) MTBE Ban.--Section 211(c) of the Clean Air Act (42 U.S.C.7545(c)) is amended by adding at the end of paragraph (1) the following: ``The regulations under this paragraph shall prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive.''. (b) Regulations.--The Administrator of the Environmental Protection Agency shall amend the regulations under section 211(c)(1) of the Clean Air Act as promptly as practicable after the date of enactment of this Act to conform to the amendment made by subsection (a) of this section. (c) Effective Date.--Subsection (a) of this section shall take effect upon the expiration of the three-year period beginning on the date of the enactment of this Act. (d) Labeling.--During the period beginning on the date of enactment of this Act and ending three years from the date of enactment, the Administrator of the Environmental Protection Agency shall require any person selling gasoline that contains methyl tertiary butyl ether at retail to prominently label the fuel dispensing system for the gasoline with a notice that the gasoline contains methyl tertiary butyl ether (`MTBE'). SEC. 4. EXISTING MTBE WATER CONTAMINATION. (a) State Source Water Assessment Programs.--Section 1453(a) of the Safe Drinking Water Act is amended by adding the following at the end thereof: ``(8) MTBE Contamination.--The Administrator shall amend the guidelines under this subsection to require that State source water assessment programs be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by methyl tertiary butyl ether (`MTBE'). Each such revision shall be submitted and approved or disapproved by the Administrator in accordance with the same deadlines as applicable to the original program under paragraph (3).''. (b) EPA Cleanup Guidelines.--Section 1442 of the Safe Drinking Water Act is amended by adding the following at the end thereof: ``(f) Cleanup Guidelines for MTBE.--The Administrator shall develop a clear set of technical guidelines to assist States in the investigation and cleanup of methyl tertiary butyl ether (`MTBE') in groundwater.''. SEC. 5. ALLOWING FOR OXYGEN AVERAGING WITHIN THE RFG PROGRAM. (a) Amendment of Clean Air Act.--Subparagraph (B) of section 211(k)(2) of the Clean Air Act and clause (v) of subparagraph (A) of section 211(k)(3) of such Act are each amended by inserting ``an average of'' before ``2.0 percent''. (b) Regulation Invalidated.--The provisions of section 80.41(b) of part 80 of title 40 of the Code of Federal Regulations establishing a per-gallon minimum oxygen content (percent, by weight) shall cease to have any force and effect on the date of the enactment of this Act. SEC. 6. ANTI-BACKSLIDING. (a) Ozone Forming Potential.--Section 211(k)(1) of the Clean Air Act is amended by adding the following at the end thereof: ``No later than June 1, 2000, the Administrator shall revise the regulations under this paragraph as necessary to ensure that the ozone forming potential, taking into account all ozone precursors (including volatile organic compounds, oxides of nitrogen, and carbon monoxide), of the aggregate emissions during the high ozone season (as defined by the Administrator) from baseline vehicles when using reformulated gasoline does not exceed the ozone forming potential of the aggregate emissions from such vehicles when using reformulated gasoline that complies with the regulations that were in effect on January 1, 2000, and applicable to reformulated gasoline sold in calendar year 2000 and thereafter.''. (b) Aromatic Hydrocarbon Content.--Section 211(k)(2) of the Clean Air Act is amended by adding the following new subparagraph at the end thereof: ``(E) Aromatic hydrocarbon content.--The aromatic hydrocarbon content of the gasoline shall be not greater than the average aromatic hydrocarbon content of reformulated gasoline sold in covered areas for use in such vehicles during the year 2000.''. SEC. 7. DEVELOPING OXYGENATE ALTERNATIVES TO MTBE. The Secretary of Energy and the Administrator of the Environmental Protection Agency shall evaluate by December 31, 2000 and report to the President and the Congress on the potential for development of oxygenate alternatives to methyl tertiary butyl ether (``MTBE'') not otherwise identified in this Act, and shall evaluate what steps, if any, would be appropriate to foster development of such alternatives should they be found to be an acceptable substitute for MTBE. SEC. 8. TRANSITION TO ETHANOL. It is the Sense of the Congress that the United States should promote renewable ethanol to replace methyl tertiary butyl ether (``MTBE'') and encourage oil refiners to make the transition from MTBE- blended fuel to ethanol-blended fuel as soon as possible.

Requires the Administrator of the Environmental Protection Agency to require, during the period beginning on this Act's enactment and ending three years after such date, persons selling gasoline that contains MTBE at retail to label the fuel dispensing system with a notice that the gasoline contains MTBE. (Sec. 4) Amends the Safe Drinking Water Act to require the Administrator to amend certain guidelines to require State source water assessment programs to be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by MTBE. Directs the Administrator to develop a clear set of technical guidelines to assist States in the investigation and cleanup of MTBE in groundwater. (Sec. 5) Revises the oxygen content requirement for reformulated gasoline under the Clean Air Act to require the oxygen content to equal or exceed an average of two percent by weight (currently, equal or exceed two percent by weight). Invalidates Federal regulations that establish a per-gallon minimum oxygen content (percent, by weight). (Sec. 6) Requires the Administrator to revise regulations regarding reformulated gasoline to ensure that the ozone forming potential, taking into account all ozone precursors, of the aggregate emissions during the high ozone season from baseline vehicles when using reformulated gasoline does not exceed such potential of the emissions from such vehicles when using reformulated gasoline that complies with regulations that were in effect on January 1, 2000, and applicable to such gasoline sold in 2000 and thereafter. Limits the hydrocarbon content of reformulated gasoline to the average content of such gasoline sold in covered nonattainment areas during the year 2000. (Sec. 7) Requires the Secretary of Energy and the Administrator to report to the President and Congress on the potential for development of oxygenate alternatives to MTBE not identified in this Act and to evaluate what steps would be appropriate to foster development of such alternatives should they be found to be acceptable substitutes for MTBE. (Sec. 8) Expresses the sense of Congress that the United States should promote renewable ethanol to replace MTBE and encourage oil refiners to make the transition from MTBE-blended fuel to ethanol-blended fuel as soon as possible.

Clean Air and Water Preservation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``Commercial Alien Smuggling Elimination Act of 2003''; or (2) the ``CASE Act of 2003''. SEC. 2. NEW CLASS OF NONIMMIGRANT ALIENS. (a) In General.--Section 101(a)(15)(S) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the comma at the end and inserting ``; or''; (3) by inserting after clause (ii) the following: ``(iii) who the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines-- ``(I) is in possession of critical reliable information concerning a commercial alien smuggling organization or enterprise; ``(II) is willing to supply or has supplied such information to a Federal or State court; and ``(III) whose presence in the United States the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines is essential to the success of an authorized criminal investigation, the successful prosecution of an individual involved in the commercial alien smuggling organization or enterprise, or the disruption of such organization or enterprise,''; (4) by inserting ``, or with respect to clause (iii), the Secretary of Homeland Security, the Secretary of State, or the Attorney General'' after ``jointly''; and (5) by striking ``(i) or (ii)'' and inserting ``(i), (ii), or (iii)''. (b) Admission of Nonimmigrants.--Section 214(k) of the Immigration and Nationality Act (8 U.S.C. 1184(k)) is amended-- (1) by adding at the end of paragraph (1) the following: ``The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal year may not exceed 400.''; and (2) by adding at the end the following: ``(5) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a nonimmigrant described in clause (iii) of section 101(a)(15)(S), or that of any family member of such a nonimmigrant who is provided nonimmigrant status pursuant to such section, must be protected, such official may take such lawful action as the official considers necessary to effect such protection.''. SEC. 3. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE. Section 245(j) of the Immigration and Nationality Act (8 U.S.C. 1255(j)) is amended-- (1) in paragraph (3), by striking ``(1) or (2),'' and inserting ``(1), (2), (3), or (4),''; (2) by redesignating paragraph (3) as paragraph (5); (3) by inserting after paragraph (2) the following: ``(3) If, in the opinion of the Secretary of Homeland Security, the Secretary of State, or the Attorney General-- ``(A) a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) has supplied information described in subclause (I) of such section; and ``(B) the provision of such information has substantially contributed to the success of a commercial alien smuggling investigation, the disruption of a commercial alien smuggling operation, or the prosecution of an individual described in subclause (III) of that section, the Secretary of Homeland Security may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E). ``(4) The Secretary of Homeland Security may adjust the status of a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and daughters, and parents of the nonimmigrant if admitted under that section) to that of an alien lawfully admitted for permanent residence on the basis of a recommendation of the Secretary of State or the Attorney General.''; and (4) by adding at the end the following: ``(6) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of a person whose status is adjusted under this subsection must be protected, such official may take such lawful action as the official considers necessary to effect such protection.''. SEC. 4. BRINGING IN AND HARBORING CERTAIN ALIENS. (a) Criminal Penalties.--Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the following: ``(4) In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if-- ``(A) the offense was part of an ongoing commercial organization or enterprise; ``(B) aliens were transported in groups of 10 or more; and ``(C) aliens were transported in a manner that endangered their lives or the aliens presented a life-threatening health risk to people in the United States.''. (b) Rewards Program.--Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) is amended by adding at the end the following: ``(e) Rewards Program.-- ``(1) In general.--There is established in the Department of Homeland Security a program for the payment of rewards to carry out the purposes of this section. ``(2) Purpose.--The rewards program shall be designed to assist in the elimination of commercial alien smuggling involving the transportation of aliens in groups of 10 or more-- ``(A) in a manner that endangers their lives; or ``(B) who present a life-threatening health risk to people in the United States. ``(3) Administration.--The rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. ``(4) Rewards authorized.--In the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to-- ``(A) the arrest or conviction of any individual conspiring or attempting to commit an act of commercial alien smuggling involving the transportation of aliens in groups of 10 or more-- ``(i) in a manner that endangers their lives; or ``(ii) who present a life-threatening health risk to people in the United States; ``(B) the arrest or conviction of any individual committing such an act; ``(C) the arrest or conviction of any individual aiding or abetting the commission of such an act; ``(D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of a commercial alien smuggling organization in whole or in significant part; or ``(E) the identification or location of an individual who holds a key leadership position in a commercial alien smuggling operation involving the transportation of aliens in groups of 10 or more-- ``(i) in a manner that endangers their lives; or ``(ii) who present a life-threatening health risk to people in the United States. ``(5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. ``(6) Ineligibility.--An officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. ``(7) Protection measures.--If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that the identity of an individual who furnishes information or testimony described in paragraph (4), or the identity of any spouse, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. ``(8) Limitations and certification.-- ``(A) Maximum amount.--No reward under this subsection may exceed $100,000, except as personally authorized by the Secretary of Homeland Security if such Secretary determines, in consultation, as appropriate, with the Attorney General and the Secretary of State, that the offer or payment of an award of a larger amount is necessary to combat a commercial alien smuggling operation involving the transportation of aliens in groups of 10 or more-- ``(i) in a manner that endangers their lives; or ``(ii) who present a life-threatening health risk to people in the United States. ``(B) Approval.--Any reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. ``(C) Certification for payment.--Any reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security.''. (c) Outreach Program.--Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), as amended by subsection (b), is further amended by adding at the end the following: ``(f) Outreach Program.--The Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State, shall develop and implement an outreach program to educate the public in the United States and abroad about-- ``(1) the penalties for bringing in and harboring aliens in violation of this section; and ``(2) the financial rewards and other incentives available for assisting in the investigation, disruption, or prosecution of a commercial smuggling operation.''.

Commercial Alien Smuggling Elimination Act of 2003 or the CASE Act of 2003 - Amends the Immigration and Nationality Act to establish within the S visa nonimmigrant classification (criminal or terrorist law enforcement assistance) a category for an alien: (1) who has reliable information about a commercial alien smuggling enterprise; (2) who is willing to supply or has supplied such information to a Federal or State court; and (3) whose presence in the United States is essential to such investigation. Authorizes: (1) up to 400 annual entrants; and (2) status adjustment to permanent resident. Authorizes measures as necessary to protect such individuals and their families. Authorizes increased criminal penalties for a person illegally bringing in and harboring aliens into the United States if: (1) part of a commercial enterprise; and (2) the aliens were transported in groups of ten or more, and in a manner that endangered their lives or presented a U.S. health risk. Establishes in the Department of Homeland Security a rewards program to help eliminate such enterprises. (States that Federal, State, local, or foreign officers or employees performing their official duties shall be ineligible for such rewards.) Directs the Secretary of Homeland Security to implement a related public outreach program.

To prevent commercial alien smuggling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Excellence Act of 2010''. SEC. 2. EQUITY IN EXCELLENCE GRANTS. (a) In General.--Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (1) by redesignating part I as part J; and (2) by inserting after section 1830 the following: ``PART I--EQUITY IN EXCELLENCE GRANTS ``SEC. 1841. PURPOSE. ``The purpose of this part is to support high-need local educational agencies to develop programs that ensure that the rate of growth in academic achievement of high-achieving, educationally disadvantaged students in grades 1 through 4 who are served by the high-need local educational agencies is comparable to that of such students' more advantaged, high-achieving peers. ``SEC. 1842. DEFINITIONS. ``In this part: ``(1) Cohort.--The term `cohort' means a group of high- achieving students in any of grades 1 through 4 who attend schools served by the same local educational agency. ``(2) Educationally disadvantaged student.--The term `educationally disadvantaged student' means a student who is from a low-income family, as determined by the measure of poverty used for the purposes of section 1113(a)(5) by the local educational agency serving the student. ``(3) Eligible entity.--The term `eligible entity' means-- ``(A) a high-need local educational agency; ``(B) a consortium of local educational agencies that includes a high-need local educational agency; or ``(C) an eligible partnership. ``(4) Eligible partnership.--The term `eligible partnership' means a partnership consisting of-- ``(A) not less than 1 eligible high-need local educational agency; and ``(B) not less than 1 institution of higher education, or nonprofit organization, with significant expertise in educating students with gifts and talents. ``(5) High-achieving.--The term `high-achieving', when used with respect to a student, means a student who-- ``(A) based on a valid and reliable assessment administered upon the student's entry into grade 1, is performing academically in the top 10 percent of the students entering grade 1 at the school, for any subgroup described in section 1111(b)(2)(C)(v)(II) that includes the student; or ``(B) is identified by the local educational agency or elementary school for gifted education services through teacher or family referrals. ``(6) High-need local educational agency.--The term `high- need local educational agency' means a local educational agency that meets the requirements of section 2102(3)(A). ``SEC. 1843. EQUITY IN EXCELLENCE GRANTS. ``(a) Program Authorized.-- ``(1) In general.--From amounts appropriated to carry out this part and not reserved under section 1845(b)(2), the Secretary is authorized to award demonstration grants, on a competitive basis, to eligible entities to enable the eligible entities to develop targeted interventions and academic services to ensure that, among the students served by high-need local educational agencies, the rate of growth in academic achievement of the cohort of high-achieving, educationally disadvantaged students is comparable to the cohort of such students' more advantaged, high-achieving peers. ``(2) Duration.--A grant awarded under this part shall be for a period of not more than 3 years and may be extended by the Secretary for an additional 2 years, in accordance with section 1845(a)(2). ``(b) Application.--An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 1844. AUTHORIZED USE OF FUNDS. ``An eligible entity receiving a grant under this part shall use grant funds to carry out, for the cohorts of high-achieving students served by the high-need local educational agency participating in the eligible entity, all of the following activities: ``(1) Ensuring that assessments provide diagnostic information that informs instruction for high-achieving students. ``(2) Implementing evidence-based, innovative educational strategies, such as enrichment programs and academic acceleration strategies, designed to maximize the learning of high-potential and high-achieving students. ``(3) Procuring or utilizing high-quality instructional materials. ``(4) Carrying out training and professional development for school personnel involved in the teaching of high- achieving, educationally disadvantaged students, such as instructional staff, principals, counselors, and psychologists. ``(5) Conducting education and training for parents of high-achieving, educationally disadvantaged students to support educational excellence for such students. ``SEC. 1845. REPORTS AND DATA COLLECTION. ``(a) Third-Year Report.-- ``(1) In general.--At the end of the third year of a grant under this part, the eligible entity receiving such grant shall prepare, and submit to the Secretary, a report regarding-- ``(A) how grant funds were expended; and ``(B) the outcomes produced by the grant. ``(2) Review.--Upon review of a third-year report submitted by an eligible entity under paragraph (1), the Secretary may extend a grant awarded under this part for not more than 2 more years based on the eligible entity's performance. ``(b) Data Collection.-- ``(1) In general.--The Secretary, acting through the Director of the Institute of Education Sciences, shall-- ``(A) collect data annually comparing longitudinal achievement levels of the cohorts of high-achieving, educationally disadvantaged students served by a grant under this part with such students' more advantaged peers; and ``(B) release such data for analysis by independent research institutions. ``(2) Reservation.--The Secretary may reserve not more than 1 percent of the total amount appropriated for this part to carry out subsection (a). ``SEC. 1846. RULE OF CONSTRUCTION. ``Nothing in this part shall be construed to prohibit a recipient of a grant under this part from serving high-achieving, educationally disadvantaged students simultaneously with students with similar educational needs in the same educational settings, where appropriate.''. (b) Conforming Amendments.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is further amended-- (1) in the table of contents in section 2-- (A) by striking the item relating to part I and inserting the following: ``Part J--General Provisions''; and (B) by inserting after the item relating to section 1830 the following: ``PART I--Equity in Excellence Grants ``Sec. 1841. Purpose. ``Sec. 1842. Definitions. ``Sec. 1843. Equity in excellence grants. ``Sec. 1844. Authorized use of funds. ``Sec. 1845. Reports and data collection. ``Sec. 1846. Rule of construction.''; (2) in section 1304(c)(2) (20 U.S.C. 6394(c)(2)), by striking ``part I'' and inserting ``part J''; and (3) in section 1415(a)(2)(C) (20 U.S.C. 6435(a)(2)(C)), by striking ``part I'' and inserting ``part J''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended by adding at the end the following: ``(j) Equity in Excellence Grants.--For the purpose of carrying out part I, there is authorized to be appropriated $50,000,000 for fiscal year 2011 and each of the 5 succeeding fiscal years.''.

Equity in Excellence Act of 2010 - Amends title I of the Elementary and Secondary Education Act of 1965 to establish an Equity in Excellence Grant program authorizing the Secretary of Education to award competitive grants to eligible entities for efforts to ensure that the academic achievement rates of high-achieving students in grades one through four, who are from impoverished families and served by high-need local educational agencies (LEAs), do not fall behind the achievement rates of their more advantaged, high-achieving peers. Lists as eligible grantees: (1) high-need LEAs; (2) consortia of LEAs that include high-need LEAs; and (3) partnerships composed of high-need LEAs and institutions of higher education or nonprofits that have expertise in educating gifted students. Requires the use of grant funds to: (1) ensure that assessments provide diagnostic information that informs the instruction of high-achieving students; (2) implement evidence-based, innovative educational strategies, such as enrichment programs and academic acceleration strategies; (3) procure or use high-quality instructional materials; (4) train school personnel involved in teaching high-achieving students from impoverished families; and (5) conduct education and training for such students' parents that supports their children's excellence. Allows the Secretary to extend such grants based on recipient performance. Directs the Secretary to: (1) collect data annually comparing the longitudinal achievement levels of the students served by this Act's grants with their more advantaged peers; and (2) release such data for analysis to independent research institutions.

To support high-achieving, educationally disadvantaged elementary school students in high-need local educational agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``COBRA Health Benefits Extension Act of 2010''. SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE. (a) Extension of Current Periods of Continuation Coverage.-- (1) In general.--In the case of any individual who is, under a COBRA continuation coverage provision, covered under COBRA continuation coverage on or after the date of the enactment of this Act, the required period of any such coverage which has not subsequently terminated under the terms of such provision for any reason other than the expiration of a period of a specified number of months shall, notwithstanding such provision and subject to subsection (b), extend to the earlier of-- (A) the first date, occurring after the date of the expiration of a period of months specified as a terminating event in the applicable continuation coverage provision, as of which the individual is eligible for coverage under an employment-based health plan, or (B) the date on which such individual becomes eligible for health insurance coverage through an American Health Benefit Exchange operating in a State or group of States under subtitle D of title I of the Patient Protection and Affordable Care Act. (2) Notice.--As soon as practicable after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall provide rules setting forth the form and manner in which prompt notice to individuals of the continued availability of COBRA continuation coverage to such individuals under paragraph (1). (3) Enforcement of extended continuation coverage under state programs.--A State may enforce the provisions of this section with respect to COBRA continuation coverage provided under a State program of such State. Nothing in this paragraph shall be construed to affect or modify section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). (b) Continued Effect of Other Terminating Events.--Notwithstanding subsection (a), any required period of COBRA continuation coverage which is extended under such subsection shall terminate upon the occurrence, prior to the date of termination otherwise provided in such subsection, of any terminating event specified in the applicable continuation coverage provision other than the expiration of a period of a specified number of months. (c) Access to State High Risk Pools.--This section shall supersede any provision of the law of a State or political subdivision thereof to the extent that such provision has the effect of limiting or precluding access by a qualified beneficiary, whose COBRA continuation coverage has been extended under this section, to a State high risk pool established under section 1101 of the Patient Protection and Affordable Care Act solely by reason of the extension of such coverage beyond the date on which such coverage otherwise would have expired. (d) Definitions.--For purposes of this section-- (1) COBRA continuation coverage.--The term ``COBRA continuation coverage'' means continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or section 905a of title 5, United States Code, or under a State program that provides comparable continuation coverage. Such term does not include coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986. (2) COBRA continuation provision.--The term ``COBRA continuation provision'' means the provisions of law described in paragraph (1). (3) Employment-based health plan.--The term ``employment- based health plan''-- (A) means a group health plan (as defined in section 733(a)(1) of the Employee Retirement Income Security Act of 1974), excluding coverage consisting of only dental, vision, counseling, or referral services (or a combination thereof), coverage under a flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986), or coverage of treatment that is furnished in an on-site medical facility maintained by the employer and that consists primarily of first-aid services, prevention and wellness care, or similar care (or a combination thereof); and (B) includes such a plan that is the following: (i) Federal, state, and tribal governmental plans.--A governmental plan (as defined in section 3(32) of the Employee Retirement Income Security Act of 1974), including a health benefits plan offered under chapter 89 of title 5, United States Code. (ii) Church plans.--A church plan (as defined in section 3(33) of the Employee Retirement Income Security Act of 1974). (4) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

COBRA Health Benefits Extension Act of 2010 - Extends COBRA coverage (health insurance continuation benefits) until the earlier of: (1) the first date in which an individual is eligible for coverage under an employment-based health plan; or (2) the date on which such individual becomes eligible for health insurance coverage through an American Health Benefit Exchange under the Patient Protection and Affordable Care Act (PPACA). Directs the Secretary of Labor to provide rules setting forth the form and manner in which prompt notice to individuals of such continued coverage shall be made. Allows a state to enforce the provisions of this Act with respect to COBRA continuation coverage provided under a state program. Provides that this Act shall: (1) have no effect on termination of continuation coverage for any reason other than expiration of a period of a specified number of months; and (2) supersede any provision of the law of a state or political subdivision that limits or precludes access by a qualified beneficiary, whose COBRA continuation coverage has been extended under this Act, to a state high risk pool established under PPACA solely by reason of such extension.

To provide for extension of COBRA continuation coverage until coverage is available otherwise under either an employment-based health plan or through an American Health Benefit Exchange under the Patient Protection and Affordable Care Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``GSE Legal Fee Reduction Act of 2011''. SEC. 2. LIMITATIONS ON INDEMNIFICATION OF LEGAL FEES. (a) Limitations.--Section 1318 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4518) is amended by adding at the end the following new subsection: ``(f) Procedures for Advancement and Indemnification of Legal Fees.--The Director shall, by regulation, establish requirements prescribing the procedures and terms for advancement of amounts by an enterprise for qualified indemnification payments for the benefit of any entity-affiliated party, which shall provide as follows: ``(1) Determination of reasonable expenses.-- ``(A) Proposed criteria.--If at any time an enterprise is required, pursuant to law, regulation, order, bylaw, or agreement or contract, to make a qualified indemnification payment for the benefit of an entity-affiliated party, the Director shall require the enterprise to submit to the Director proposed criteria to be used in determining, at the time for the advancement of amounts for such payment, whether the liability or legal expenses for which such payment is to be made is reasonable, which shall include-- ``(i) methods and procedures for making such determinations; ``(ii) a process for review and appeal of such determinations; and ``(iii) terms and conditions for advancing amounts for liability or legal expenses determined to be reasonable. ``(B) Review.--Upon receipt of proposed criteria submitted pursuant to subparagraph (A), the Director shall promptly review such proposed criteria and approve or disapprove such criteria based on a determination of whether such criteria will ensure that amounts are advanced only for qualified indemnification payments for liability or legal expenses that are reasonable. ``(2) Claims of fraud, moral turpitude, and breach of fiduciary duty.-- ``(A) Bylaws.--The Director shall require each enterprise to adopt bylaws requiring any entity- affiliated party accused in any claim, proceeding, or action, whether administrative, civil, or criminal of fraud, moral turpitude, or breach of fiduciary duty to post collateral, security, bonding, or other assurances of repayment. ``(B) Requirement to post bond.--The Director shall require any entity-affiliated party accused in any claim, proceeding, or action, whether administrative, civil, or criminal, of fraud, moral turpitude, or breach of fiduciary duty to post collateral, security, bonding, or other assurances of repayment. ``(3) Prohibition of use of amounts borrowed from taxpayers for settlement costs.-- ``(A) Prohibition.--The Director shall prohibit an enterprise from using any Treasury funds to satisfy any settlement, judgment, order, or penalty. ``(B) Treasury funds.--For purposes of subparagraph (A), the term `Treasury funds' means amounts obtained by an enterprise pursuant to-- ``(i) purchase by the Secretary of the Treasury of obligations or securities of the enterprise pursuant to-- ``(I) subsection (c) or (g) of section 304 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719); ``(II) subsection (c) or (l) of section 306 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455); or ``(III) subsection (i) or (l) of section 11 of the Federal Home Loan Bank Act (12 U.S.C. 1431); or ``(ii) any other lending, advance, subsidy, payment, appropriation, or purchase of any obligation or security, by the Federal Government or any agency or entity of the Federal Government. ``(C) Assets to be used for settlement costs.--An enterprise shall satisfy any settlement, judgment, order, or penalty, to the maximum extent possible, with proceeds from the sale of assets of the enterprise, including assets in the retained portfolio of the enterprise and real estate owned of the enterprise and other physical assets of the enterprise. ``(4) Notification of settlement.--The Director shall prohibit an enterprise from entering into any consent decree or settlement of any claim, proceeding, or action involving an entity-affiliated party that will result in any qualified indemnification payments in an aggregate amount exceeding $1,000,000 before the expiration of the 30-day period beginning upon the submission by the Director to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of notification of such proposed consent decree or settlement and the terms and amount of the qualified indemnification payments involved. ``(5) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Qualified indemnification payment.--The term `qualified indemnification payment' means any payment (or agreement to make any payment) by an enterprise for the benefit of any person who is or was an entity- affiliated party, to pay or reimburse such person for any liability or legal expense with regard to any claim, proceeding, or action, whether administrative, civil, or criminal. ``(B) Other definitions.--The terms `liability or legal expense' and `payment' have the meanings given such terms in subsection (e)(5).''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to any advancement of amounts for a qualified indemnification payment for the benefit of an entity-affiliated party that is made after the date of the enactment of this Act.

GSE Legal Fee Reduction Act of 2011 - Amends the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 to require the Director of the Federal Housing Finance Agency (FHFA) to establish requirements prescribing the procedures and terms for advancement of amounts by a government-sponsored enterprise (GSE) for qualified indemnification payments for the benefit of any entity-affiliated party. (The GSEs the FHFA supervises are the Federal National Mortgage Association [Fannie Mae], the Federal Home Loan Mortgage Corporation [Freddie Mac], the Federal Home Loan Banks, and the Office of Finance.) Requires the Director to require any GSE obligated to make such a payment to propose criteria for determining whether the liability or legal expenses for which such payment is to be made are reasonable. Requires prompt review and approval or disapproval of such proposed criteria. Requires the Director to require each GSE to adopt bylaws requiring any entity-affiliated party accused of fraud, moral turpitude, or breach of fiduciary duty to post collateral, security, bonding or other assurances of repayment. Requires the Director to prohibit a GSE from using any Treasury funds to satisfy any settlement, judgment, order, or penalty. Requires settlement costs to be satisfied out of the sale of GSE assets. Requires the Director to prohibit a GSE from entering into any consent decree or settlement of a claim, proceeding, or action involving an entity-affiliated party that will result in any qualified indemnification payments exceeding an aggregate of $1 million before 30 days after notice of the decree or settlement to specified congressional committees.

To protect the taxpayers of the United States by limiting the Federal payment of legal fees for current and former officers and affiliated parties of Fannie Mae and Freddie Mac.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Targeted Marriage Tax Penalty Relief Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986 . SEC. 2. DUAL-EARNER CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. DUAL-EARNER CREDIT. ``(a) Allowance of Credit.--In the case of a joint return under section 6013, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of the amount determined under subsection (b) or (c) for the taxable year. ``(b) Amount Under Subsection (b).--For purposes of subsection (a), the amount under this subsection for any taxable year with respect to a taxpayer is determined in accordance with the following table: ``Taxable year: Amount: 2002.......................................... $500 2003.......................................... $750 2004.......................................... $1,000 2005 and thereafter........................... $1,500. ``(c) Determination of Amount.-- ``(1) In general.--For purposes of subsection (a), the amount determined under this subsection for any taxable year with respect to a taxpayer is equal to the excess (if any) of-- ``(A) the joint tentative tax of such taxpayer for such year, over ``(B) the combined tentative tax of such taxpayer for such year. ``(2) Joint tentative tax.--For purposes of paragraph (1)(A)-- ``(A) In general.--The joint tentative tax of a taxpayer for any taxable year is equal to the tax determined in accordance with the table contained in section 1(a) on the joint tentative taxable income of the taxpayer for such year. ``(B) Joint tentative taxable income.--For purposes of subparagraph (A), the joint tentative taxable income of a taxpayer for any taxable year is equal to the excess of-- ``(i) the earned income (as defined in section 32(c)(2)), and any taxable income received as a pension or annuity which arises from an employer-employee relationship (including any social security benefit (as defined in section 86(d)(1)), of such taxpayer for such year, over ``(ii) the sum of-- ``(I) either-- ``(aa) the standard deduction determined under section 63(c)(2)(A)(i) for such taxpayer for such year, or ``(bb) in the case of an election under section 63(e), the total itemized deductions determined under section 63(d) for such taxpayer for such year, and ``(II) the total exemption amount for such taxpayer for such year determined under section 151. ``(3) Combined tentative tax.--For purposes of paragraph (1)(A)-- ``(A) In general.--The combined tentative tax of a taxpayer for any taxable year is equal to the sum of the taxes determined in accordance with the table contained in section 1(c) on the individual tentative taxable income of each spouse for such year. ``(B) Individual tentative taxable income.--For purposes of subparagraph (A), the individual tentative taxable income of a spouse for any taxable year is equal to the excess of-- ``(i) the earned income (as defined in section 32(c)(2)), and any taxable income received as a pension or annuity which arises from an employer-employee relationship (including any social security benefit (as defined in section 86(d)(1)), of such spouse for such year, over ``(ii) the sum of-- ``(I) either-- ``(aa) the standard deduction determined under section 63(c)(2)(C) for such spouse for such year, or ``(bb) in the case of an election under section 63(e), one-half of the total itemized deductions determined under paragraph (2)(B)(ii)(I)(bb) for such spouse for such year, and ``(II) one-half of the total exemption amount determined under paragraph (2)(B)(ii)(II) for such year.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Dual-earner credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT. (a) Reduced Phaseout Percentage.--Section 32(b)(1) (relating to percentages) is amended-- (1) by striking ``Percentages.--The credit'' and all that follows through ``1995:'' in subparagraph (A) thereof and inserting ``Percentages.-- ``(A) In general.--Subject to subparagraph (B), the credit percentage and the phaseout percentage shall be determined as follows:'', and (2) by striking subparagraphs (B) and (C) and inserting the following new subparagraph: ``(B) Joint returns.--In the case of a joint return filed by an eligible individual and such individual's spouse, the earned income of each of whom exceeds the exemption amount under section 151, the phaseout percentage determined under subparagraph (A)-- ``(i) in the case of an eligible individual with 1 qualifying child shall be decreased by 2.33 percentage points, and ``(ii) in the case of an eligible individual with 2 or more qualifying children shall be decreased by 2.51 percentage points.''. (b) Increased Phaseout Amount.--Section 32(b)(2) (relating to amounts) is amended-- (1) by striking ``Amounts.--The earned'' and inserting ``Amounts.-- ``(A) In general.--Subject to subparagraph (B), the earned'', and (2) by adding at the end the following new subparagraph: ``(B) Joint returns.--In the case of a joint return filed by an eligible individual and such individual's spouse, the earned income of each of whom exceeds the exemption amount under section 151, the phaseout amount determined under subparagraph (A) shall be increased by $2,500.''. (c) Inflation Adjustment.--Paragraph (1)(B) of section 32(j) (relating to inflation adjustments) is amended to read as follows: ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined-- ``(i) in the case of amounts in subsections (b)(2)(A) and (i)(1), by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof, and ``(ii) in the case of the $2,500 amount in subsection (b)(2)(B), by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) of such section 1.''. (d) Rounding.--Section 32(j)(2)(A) (relating to rounding) is amended by striking ``subsection (b)(2)'' and inserting ``subsection (b)(2)(A) (after being increased under subparagraph (B) thereof)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Targeted Marriage Tax Penalty Relief Act of 2001 - Amends the Internal Revenue Code to allow, on joint returns, a limited credit.Provides for a decreased phaseout percentage of the earned income credit (thereby increasing the benefits of such credit) for individuals with qualifying children.

A bill to amend the Internal Revenue Code of 1986 to reduce the marriage penalty by providing a nonrefundable dual-earner credit and adjustment to the earned income credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pine River Indian Irrigation Project Act of 2009''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including on the Southern Ute Indian Reservation in southwestern Colorado; (2)(A) a report of the Government Accountability Office dated 2006 identified significant issues with the Pine River Indian Irrigation Project, including the issue that, at the time of the study, the Bureau of Indian Affairs estimated that total deferred maintenance costs for the Project exceeded $20,000,000; and (B) other estimates have placed those costs at more than $60,000,000; (3) the report of the Government Accountability Office demonstrates that key facilities of the Project are severely deteriorated; (4) operations and maintenance fees are not sufficient to address the condition of the Project, even though the Bureau of Indian Affairs has sought to double those fees, from $8.50 to $17, in recent years; (5) the report of the Government Accountability Office also notes that a prior study done by the Bureau of Reclamation determined that water users could not afford to pay operations and maintenance fees of $8.50 and operate a profitable farming operation; (6) the benefits of rehabilitating and repairing the irrigation infrastructure of the Project include-- (A) water conservation; (B) extending available water supply; (C) increased agricultural production; (D) economic benefits; (E) safer facilities; and (F) the preservation of the culture of the Southern Ute Indian Tribe; (7) while, as of the date of enactment of this Act, the Project is managed by the Bureau of Indian Affairs, the Southern Ute Indian Tribe also receives water from facilities owned or operated by the Bureau of Reclamation; and (8) rehabilitation and repair of the infrastructure of the Project by the Bureau of Reclamation would improve-- (A) overall water management; and (B) the ability of the Southern Ute Indian Tribe and the Bureau of Reclamation to address potential water conflicts. (b) Purpose.--The purpose of this Act is to require the Secretary of the Interior-- (1) to assess the condition of infrastructure of the Pine River Indian Irrigation Project; (2) to establish priorities for the rehabilitation of irrigation infrastructure within the Project according to specified criteria; and (3) to implement rehabilitation activities for the irrigation infrastructure of the Project. SEC. 3. DEFINITIONS. In this Act: (1) Project.--The term ``Project'' means the Pine River Indian Irrigation Project. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Colorado. (4) Tribal council.--The term ``Tribal Council'' means the Southern Ute Indian Tribal Council. (5) Tribe.--The term ``Tribe'' means the Southern Ute Indian Tribe. SEC. 4. STUDY OF IRRIGATION INFRASTRUCTURE OF PROJECT. (a) Study.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary, in consultation with the Tribe, shall-- (A) conduct a study of the irrigation infrastructure of the Project; and (B) based on the results of the study, develop a list of activities (including a cost estimate for each activity) that are recommended to be implemented during the 10-year period beginning on the date of completion of the study to repair, rehabilitate, or reconstruct that irrigation infrastructure. (2) Factors for consideration.-- (A) In general.--In developing the list under paragraph (1)(B), the Secretary shall give priority to activities based on-- (i) a review of the priority factors described in subparagraph (B) with respect to the activity; (ii) recommendations of the Tribe, if any; and (iii) a consideration of the projected benefits of each activity on completion of the Project. (B) Priority factors.--The priority factors referred to in subparagraph (A)(i) are-- (i) any threat to the health and safety of-- (I) a member of the Tribe; (II) an employee of the irrigation operations and maintenance program of the Bureau of Indian Affairs; or (III) the general public; (ii) the extent of disrepair of the irrigation infrastructure of the Project and the effect of the disrepair on the ability of users of the Project to irrigate agricultural land using that irrigation infrastructure; (iii) whether, and the extent to which, the repair, rehabilitation, or reconstruction of the irrigation infrastructure of the Project would provide an opportunity to conserve water; (iv)(I) the economic and cultural impacts the irrigation infrastructure of the Project that is in disrepair has on the Tribe; and (II) the economic and cultural benefits that the repair, rehabilitation, or reconstruction of that irrigation infrastructure would have on the Tribe; (v) the opportunity to address water supply or environmental conflicts if the irrigation infrastructure of the Project is repaired, rehabilitated, or reconstructed; and (vi) the overall benefits of the activity to efficient water operations on the land of the Tribe. (3) Consultation.--In carrying out the study under this subsection, the Secretary shall consult with the Assistant Secretary for Indian Affairs and other relevant Federal and local officials to evaluate the extent to which programs under the jurisdiction of each Federal and local agency may be used to develop-- (A) the list of activities under paragraph (1)(B); or (B) the report under subsection (b). (b) Report.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Tribe a report that includes-- (A) the list of activities recommended for implementation under subsection (a)(1)(B); and (B) any findings of the Secretary with respect to-- (i) the study under subsection (a); (ii) consideration of the factors described in subsection (a)(2); and (iii) any consultation required under subsection (a)(3). (2) Biennial review.--Not later than 2 years after the date on which the Secretary submits the report under paragraph (1) and every 2 years thereafter, the Secretary, in consultation with the Tribe, shall-- (A) review the report; and (B) update the list of activities under subsection (a)(1)(B) in accordance with each factor described in subsection (a)(2), as the Secretary determines to be appropriate. SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS AND AGREEMENTS. (a) In General.--Subject to subsection (b), the Secretary may provide grants to, and enter into cooperative agreements with, the Tribe to plan, design, construct, or otherwise implement any activity to repair, rehabilitate, reconstruct, or replace irrigation infrastructure of the Project, if the activity is recommended for implementation on the list under section 4(a)(1)(B). (b) Limitation.--Assistance provided under subsection (a) shall not be used for any on-farm improvement. (c) Consultation and Coordination.--In providing assistance under subsection (a), the Secretary shall-- (1) consult with, and obtain the approval of, the Tribe; (2) consult with the Assistant Secretary for Indian Affairs; and (3) as appropriate, coordinate the activity with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. (d) Cost Sharing Requirement.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the total cost of carrying out an activity using assistance under subsection (a) shall be not more than 75 percent. (2) Exception.--The Secretary may waive or limit the non- Federal share required under paragraph (1) on request of the Tribe. SEC. 6. EFFECT OF ACT. (a) Water Rights of Tribe.--Nothing in this Act (including the implementation of any activity carried out in accordance with this Act) affects any right of the Tribe to receive, divert, store, or claim a right to water, including the priority of right and the quantity of water associated with the water right under Federal or State law. (b) State Water Law.--Nothing in this Act preempts or affects-- (1) any provision of water law of the State; or (2) any interstate compact governing water. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Study.--There is authorized to be appropriated to carry out the study under section 4 $4,000,000. (b) Irrigation Infrastructure Grants and Agreements.--There is authorized to be appropriated to carry out section 5 $10,000,000 for each of fiscal years 2010 through 2015.

Pine River Indian Irrigation Project Act of 2009 - Directs the Secretary of the Interior to study the irrigation infrastructure of the Pine River Indian Irrigation Project, Colorado, and develop a list of activities that are recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct that infrastructure. Requires the Secretary to prioritize activities based on: (1) a review of specified priority factors (i.e., threats to health and safety; the extent of disrepair and its effect on the ability of Project users to irrigate agricultural land; the extent to which infrastructure repair would provide an opportunity to conserve water; the economic and cultural impacts the disrepair has, and benefits the repair would have, on the Tribe; the opportunity to address water supply or environmental conflicts through repair; and overall benefits of the activity to efficient water operations on the land of the Tribe); (2) recommendations of the Tribe; and (3) a consideration of projected benefits on Project completion. Authorizes the Secretary to provide grants to, and enter into cooperative agreements with, the Tribe to repair, rehabilitate, reconstruct, or replace the Project's irrigation infrastructure. Prohibits such assistance from being used for on-farm improvements. Requires the Secretary, in providing assistance, to coordinate the activity with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs (BIA). Caps the federal share of the total cost at 75%, subject to a waiver or limitation on the nonfederal share, at the Tribe's request.

To require the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation Project in the State of Colorado and provide grants to, and enter into cooperative agreements with, the Southern Ute Indian Tribe to assess, repair, rehabilitate, or reconstruct existing infrastructure, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Crime Victims' Rights Act of 2013''. SEC. 2. EXTENSION OF CRIME VICTIMS' RIGHTS TO VICTIMS OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE. (a) Victims' Rights.-- (1) In general.--Subchapter I of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section (article): ``Sec. 806b. Art. 6b. Victims' rights of victims of offenses under this chapter ``(a) Rights.--Any individual who is the victim of an offense under this chapter (the Uniform Code of Military Justice), regardless of whether such individual is a member of the Armed Forces (in this section referred to as a `victim of a military crime'), has the following rights: ``(1) The right to be reasonably protected from the accused. ``(2) The right to reasonable, accurate, and timely notice of any public proceeding in an investigation under section 832 of this title (article 32), court-martial, involuntary plea hearing, pre-sentencing hearing, or parole hearing involving the offense or of any release or escape of the accused. ``(3) The right not to be excluded from any such public proceeding, referred to in paragraph (2) unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. ``(4) The right to be reasonably heard at any public proceeding referred to in paragraph (2). ``(5) The reasonable right to confer with the trial counsel in the case. ``(6) The right to full and timely restitution as provided in law. ``(7) The right to proceedings free from unreasonable delay. ``(8) The right to be treated with fairness and with respect for the victim's dignity and privacy. ``(b) Rights Afforded.--In any court-martial proceeding involving an offense against a victim of a military crime, the military judge shall ensure that the victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the military judge shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this subsection shall be clearly stated on the record. ``(c) Best Efforts To Accord Rights.--(1) Military judges, trial and defense counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under this chapter (the Uniform Code of Military Justice) shall make their best efforts to see that victims of military crimes are notified of, and accorded, the rights described in that subsection. ``(2) The trial counsel in a case shall advise the victim that the victim can seek the advice of an attorney with respect to the rights described in subsection (a). ``(3) Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person. ``(d) Enforcement and Limitations.--(1) A victim of a military crime, the victim's lawful representative, and the trial counsel may assert the rights described in subsection (a). A person accused of an offense under this chapter (the Uniform Code of Military Justice) may not obtain any form of relief under this section with respect to such offense. ``(2) In a case where the military judge finds that the number of victims makes it impracticable to accord all of the victims the rights described in subsection (a), the military judge shall fashion a reasonable procedure to give effect to this section that does not unduly complicate or prolong the proceedings. ``(3) The rights described in subsection (a) shall be asserted in the court-martial in which the accused is being prosecuted for the offense. The military judge shall take up and decide any motion asserting a victim's right forthwith. If the military judge denies the relief sought, the movant may petition the Court of Criminal Appeals. The Court of Criminal Appeals may issue the writ on the order of a single judge pursuant to the rules of the Court of Criminal Appeals. The Court of Criminal Appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this section. If the Court of Criminal Appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion. ``(4) In any appeal in a case under this chapter (the Uniform Code of Military Justice), the Government may assert as error the military judge's denial of any victim's right in the proceeding to which the appeal relates. ``(5) In no case shall a failure to afford a right under this section provide grounds for a new trial. A victim may make a motion to re-open a plea or sentence only if-- ``(A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied; ``(B) the victim petitions the Court of Criminal Appeals for a writ of mandamus within 14 days; and ``(C) in the case of a plea, the accused has not pled to the highest offense charged. ``(6) Nothing in this section shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this section shall be construed to impair the prosecutorial discretion of a Judge Advocate General or any officer under his direction. ``(e) Certain Victims.--In the case of a victim of a military crime who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim's estate, family members, or any other persons appointed as suitable by the military judge, may assume the victim's rights under this section, but in no event shall an accused be named as such guardian or representative.''. (2) Clerical amendment.--The table of sections at the beginning of subchapter I of chapter 47 of such title (the Uniform Code of Military Justice) is amended by adding at the end the following new item: ``806b. Art. 6b. Victims' rights of victims of offenses under this chapter.''. (b) Procedures To Promote Compliance.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify the Manual for Courts-Martial, and prescribe such other regulations as the Secretary considers appropriate, to enforce the rights of victims of military crimes and to ensure compliance by responsible members of the Armed Forces and personnel of the Department of Defense with the obligations specified in section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as added by subsection (a). (2) Elements.--The modifications and regulations issued pursuant to paragraph (1) shall include the following: (A) The designation of an administrative authority within the Department of Defense to receive and investigate complaints relating to the provision or violation of the rights of victims of military crimes. (B) A requirement for a course of training for judge advocates and other appropriate members of the Armed Forces and personnel of the Department that fail to comply with section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as so added, and otherwise assist such personnel in responding more effectively to the needs of victims of military crimes. (C) Disciplinary sanctions, including suspension or termination from employment in the case of employees of the Department of Defense, for members of the Armed Forces and other personnel of the Department who willfully or wantonly fail to comply with section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as so added. (D) Mechanisms to ensure that the Secretary of Defense shall be the final arbiter of a complaint authorized pursuant to subparagraph (A) by a victim of a military crime that the victim was not afforded the rights provided under section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), as so added

Military Crime Victims' Rights Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ) to provide specific rights for victims of offenses under the UCMJ, including the right to: (1) be protected from the accused; (2) reasonable, accurate, and timely notice of any public proceeding involving the offense; (3) not be excluded from such proceeding (with an exception), and to be heard; (4) confer with trial counsel in the case; (5) full and timely restitution; (6) proceedings free from unreasonable delay; and (7) be treated with fairness and respect for the victim's dignity and privacy. Requires the military judge to ensure such rights in any court-martial proceeding, and requires all others involved in the matter (counsel, investigators, etc.) to make their best efforts to afford such rights. Provides for the enforcement of such rights throughout the process. Provides for the assumption of such rights by a legal guardian, family member, or estate representative in the case of a victim who is under 18 years old, incompetent, incapacitated, or deceased. Directs the Secretary of Defense (DOD) to modify the Manual for Courts-Martial to prescribe regulations for the enforcement of such rights.

Military Crime Victims' Rights Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Sustaining Access to Vital Emergency Medical Services Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Rural emergency medical service training and equipment assistance program. Sec. 3. Tax credit for volunteer emergency medical service providers. Sec. 4. Study and report on the costs of rural ambulance services. Sec. 5. Elimination of reduction in inflation adjustments for ambulance services. SEC. 2. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT ASSISTANCE PROGRAM. Part E of title XII of the Public Health Service Act (42 U.S.C. 300d-51 et seq.) is amended by adding at the end the following new section: ``SEC. 1253. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT ASSISTANCE PROGRAM. ``(a) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the `Secretary') shall award grants to eligible entities to enable such entities to provide for improved emergency medical services in rural areas. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be-- ``(A) a State emergency medical services office; ``(B) a State department of Transportation; ``(C) a State emergency medical services association; ``(D) a State office of rural health; or ``(E) any other entity 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, that includes-- ``(A) a description of the activities to be carried out under the grant; and ``(B) an assurance that the applicant will comply with the matching requirement of subsection (d). ``(c) Use of Funds.-- ``(1) In general.--An entity shall use amounts received under a grant made under subsection (a), either directly or through grants to emergency medical service squads that are located in, or that serve residents of, non-metropolitan statistical areas, to-- ``(A) hire or recruit emergency medical service personnel; ``(B) recruit or retain volunteer emergency medical service personnel; ``(C) train emergency medical service personnel in emergency response, injury prevention, safety awareness, and other topics relevant to the delivery of emergency medical services; ``(D) fund specific training to meet State certification requirements; ``(E) develop new ways to educate emergency health care providers through the use of technology-enhanced educational methods (such as distance learning); ``(F) acquire emergency medical services vehicles, including ambulances; ``(G) acquire emergency medical services equipment, including cardiac defibrillators; ``(H) acquire personal protective equipment for emergency medical services personnel as required by the Occupational Safety and Health Administration; and ``(I) educate the public concerning cardiopulmonary resuscitation (CPR), first aid, injury prevention, safety awareness, illness prevention, and other related emergency preparedness topics. ``(2) Preference.--In awarding grants under this section the Secretary shall give preference to entities that intend to use amounts provided under the grant to fund activities described in any of subparagraphs (A) through (E) of paragraph (1). ``(d) Matching Requirement.--The Director may not make a grant under this section to an entity unless the entity agrees that the entity will make available (directly or through contributions from other public or private entities) non-Federal contributions toward the activities to be carried out under the grant in an amount equal to 5 percent of the amount received under the grant. ``(e) Emergency Medical Services.--In this section, the term `emergency medical services'-- ``(1) means resources used by a qualified public or private nonprofit entity, or by any other entity recognized as qualified by the State involved, to deliver medical care outside of a medical facility under emergency conditions that occur-- ``(A) as a result of the condition of the patient; or ``(B) as a result of a natural disaster or similar situation; and ``(2) includes services delivered by an emergency medical services provider (either compensated or volunteer) or other provider recognized by the State involved that is licensed or certified by the State as an emergency medical technician, a para- medic, a registered nurse, a physician assistant, or a physician that provides services similar to services provided by such an emergency medical services provider. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2001 through 2006. ``(2) Administrative costs.--The Director may use not more than 10 percent of the amount appropriated under paragraph (1) for a fiscal year for the administrative expenses of carrying out this section.''. SEC. 3. TAX CREDIT FOR VOLUNTEER EMERGENCY MEDICAL SERVICE PROVIDERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by adding at the end the following: ``SEC. 25B. VOLUNTEER EMERGENCY MEDICAL SERVICE PROVIDER CREDIT. ``(a) Allowance of Credit.--In the case of an eligible volunteer emergency medical service provider, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $500. ``(b) Eligible Volunteer Emergency Medical Service Provider.--For purposes of this section-- ``(1) In general.--The term `eligible volunteer emergency medical service provider' means an individual who-- ``(A) is an emergency medical service provider or other provider (within the meaning of section 1253(e)(2) of the Public Health Service Act) providing emergency medical services in connection with an emergency medical service squad, ``(B) volunteers with respect to such services, and ``(C) is listed as active on the official staff roster of such squad for the taxable year. ``(2) Emergency medical services.--For purposes of paragraph (1), the term `emergency medical services' means-- ``(A) emergency medical services (as defined in section 1253(e)(1) of such Act), and ``(B) any other services provided in relation to such emergency medical services, such as administrative and operational duties and community education and training programs. ``(3) Volunteer.--For purposes of paragraph (1), the term `volunteer' means to provide services without compensation, other than reimbursement or payment of reasonable and necessary expenses incurred in the performance of the emergency medical service provider's duty.''. ``(c) Verification.--The Secretary may require additional information to be provided, in such form and such manner as the Secretary deems necessary, to verify the eligibility for the credit under this section.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Volunteer emergency services provider credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. STUDY AND REPORT ON THE COSTS OF RURAL AMBULANCE SERVICES. (a) Study.--The Secretary of Health and Human Services, in consultation with the Director of the Office of Rural Health Policy and with the assistance of the Administrator of the Health Care Financing Administration, shall conduct a study of the means by which rural areas with low population densities can be identified for the purpose of designating areas in which the cost of providing ambulance services would be expected to be higher than similar services provided in more heavily populated areas because of low usage. Such study shall also include-- (1) an examination of the cost differences between independent volunteer ambulance providers and hospital-based ambulance providers serving rural areas; and (2) an identification and analysis of the factors that contribute to the additional costs of providing ambulance services in areas designated under the previous sentence. (b) Report.--Not later than June 30, 2001, the Secretary shall submit to Congress a report on the results of the study conducted under this section, together with a proposed regulation based on that study which adjusts the fee schedule under section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) with respect to payment rates for ambulance services provided in low density rural areas to take into account the increased cost of providing such services in such areas. (c) Implementation of Regulation.--The regulation submitted under clause (ii) shall take effect not later than January 1, 2002. SEC. 5. ELIMINATION OF REDUCTION IN INFLATION ADJUSTMENTS FOR AMBULANCE SERVICES. Subparagraphs (A) and (B) of section 1834(l)(3) (42 U.S.C. 1395m(l)(3)(A)) are each amended by striking ``reduced in the case of 2001 and 2002 by 1.0 percentage points'' and inserting ``increased in the case of 2001 by 1.0 percentage point''.

Amends the Internal Revenue Code to provide a volunteer emergency medical service provider tax credit of $500. Requires the Secretary to study the means by which rural areas can be identified for purposes of designating areas in which the cost of providing ambulance services would be expected to be higher than in more populated areas. Amends title XVIII (Medicare) of the Social Security Act to eliminate the 2001 and 2002 reduction in inflation adjustments for ambulance services and to increase such adjustment by one percent for 2001.

Sustaining Access to Vital Emergency Medical Services Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Conference on Small Business Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``Chief Counsel'' means the Chief Counsel for Advocacy of the Small Business Administration; (3) the term ``National Commission'' means the National Commission on Small Business established under section 6; (4) the term ``National Conference''-- (A) means the National Conference on Small Business conducted under section 3(a); and (B) includes the last White House Conference on Small Business occurring before 2002; (5) the term ``small business'' has the meaning given the term ``small business concern'' under section 3 of the Small Business Act; (6) the term ``State'' means any of the 50 States of the United States; and (7) the term ``State Conference'' means a State Conference on Small Business conducted under section 3(b). SEC. 3. NATIONAL AND STATE CONFERENCES ON SMALL BUSINESS. (a) National Conferences.--There shall be a National Conference on Small Business once every 4 years, to be held during the second year following each Presidential election, to carry out the purposes specified in section 4. (b) State Conferences.--Each National Conference referred to in subsection (a) shall be preceded by a State Conference on Small Business, with not fewer than 1 such conference held in each State, and with not fewer than 2 such conferences held in any State having a population of more than 10,000,000. SEC. 4. PURPOSES OF NATIONAL CONFERENCES. The purposes of each National Conference shall be-- (1) to increase public awareness of the contribution of small business to the Nation's economy; (2) to identify the problems of small business; (3) to examine the status of minorities and women as small business owners; (4) to assist small business in carrying out its role as the Nation's job creator; (5) to assemble small businesses to develop such specific and comprehensive recommendations for legislative and regulatory action as may be appropriate for maintaining and encouraging the economic viability of small business and thereby, the Nation; and (6) to review the status of recommendations adopted at the immediately preceding National Conference on Small Business. SEC. 5. CONFERENCE PARTICIPANTS. (a) In General.--To carry out the purposes specified in section 4, the National Commission shall conduct National and State Conferences to bring together individuals concerned with issues relating to small business. (b) Conference Delegates.-- (1) Appointments.--Only individuals who are owners or officers of a small business shall be eligible for appointment as delegates (or alternates) to the National and State Conferences pursuant to this subsection, and such appointments shall consist of-- (A) 1 delegate (and 1 alternate) appointed by each Governor of each State; (B) 1 delegate (and 1 alternate) appointed by each Member of the House of Representatives, from the congressional district of that Member; (C) 1 delegate (and 1 alternate) appointed by each Member of the Senate from the home State of that Member; and (D) 50 delegates (and 50 alternates) appointed by the President, 1 from each State. (2) Powers and duties.--Delegates to each National Conference-- (A) shall attend the State conferences in his or her respective State; (B) shall conduct meetings and other activities at the State level before the date of the National Conference, subject to the approval of the National Commission; and (C) shall direct such State level conferences, meetings, and activities toward the consideration of the purposes of the National Conference specified in section 4, in order to prepare for the next National Conference. (3) Alternates.--Alternates shall serve during the absence or unavailability of the delegate. (c) Role of the Chief Counsel.--The Chief Counsel for Advocacy of the Small Business Administration shall, after consultation and in coordination with the National Commission, assist in carrying out the National and State Conferences required by this Act by-- (1) preparing and providing background information and administrative materials for use by participants in the conferences; (2) distributing issue information and administrative communications, electronically where possible through an Internet web site and e-mail, and in printed form if requested; and (3) maintaining an Internet site and regular e-mail communications after each National Conference to inform delegates and the public of the status of recommendations and related governmental activity. (d) Expenses.--Each delegate (and alternate) to each National and State Conference shall be responsible for his or her expenses related to attending the conferences, and shall not be reimbursed either from funds appropriated pursuant to this section or the Small Business Act. (e) Advisory Committee.-- (1) In general.--The National Commission shall appoint a Conference Advisory Committee consisting of 10 individuals who were participants at the last preceding National Conference. (2) Preference.--Preference for appointment under this subsection shall be given to those who have been active participants in the implementation process following the prior National Conference. (f) Public Participation.--National and State Conferences shall be open to the public, and no fee or charge may be imposed on such attendee, other than an amount necessary to cover the cost of any meal provided, plus a registration fee to defray the expense of meeting rooms and materials of not to exceed $15 per person. SEC. 6. NATIONAL COMMISSION ON SMALL BUSINESS. (a) Establishment.--There is established the National Commission on Small Business. (b) Membership.-- (1) Appointment.--The National Commission shall be composed of 9 members, including-- (A) the Chief Counsel for Advocacy of the Small Business Administration; (B) 2 members appointed by the President; (C) 2 members appointed by the majority leader of the Senate; (D) 1 member appointed by the minority leader of the Senate; (E) 2 members appointed by the majority leader of the House of Representatives; and (F) 1 member appointed by the minority leader of the House of Representatives. (2) Selection.--Members of the National Commission shall be selected among distinguished individuals noted for their knowledge and experience in fields relevant to the issue of small business and the purposes of this Act. (3) Time of appointment.--The appointments required by paragraph (1) shall be made 1 year before the opening date of each National Conference, and shall expire 9 months after the date on which each National Conference is convened. (c) Election of Chairperson.--At the first meeting of each National Commission, a majority of the members of the National Commission present and voting shall elect the Chairperson of the National Commission. (d) Powers and Duties of Commission.--The National Commission-- (1) may enter into contracts with public agencies, private organizations, and academic institutions to carry out this Act; (2) shall consult, coordinate, and contract with an independent, nonpartisan organization that-- (A) has both substantive and logistical experience in developing and organizing conferences and forums throughout the Nation with elected officials and other government and business leaders; (B) has experience in generating private resource from multiple States in the form of event sponsorships; and (C) can demonstrate evidence of a working relationship with Members of Congress from the majority and minority parties, and at least 1 Federal agency; and (3) shall prescribe such financial controls and accounting procedures as needed for the handling of funds from fees and charges and the payment of authorized meal, facility, travel, and other related expenses. (e) Planning and Administration of Conferences.--In carrying out the National and State Conferences required by this Act, the National Commission shall consult with the Office of Advocacy of the Small Business Administration, the Congress, and such other Federal agencies as it deems appropriate. (f) Reports Required.--Not later than 6 months after the date on which each National Conference is convened, the National Commission shall submit to the President and to the chairpersons and ranking minority Members of the Committees on Small Business of the Senate and the House of Representatives a final report, which shall-- (1) include the findings and recommendations of the National Conference and any proposals for legislative action necessary to implement those recommendations; and (2) be made available to the public. (g) Quorum.--4 voting members of the National Commission shall constitute a quorum for purposes of transacting business. (h) Meetings.--The National Commission shall meet not later than 20 calendar days after the appointment of all members, and at least every 30 calendar days thereafter. (i) Vacancies.--Any vacancy of the National Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (j) Executive Director and Staff.--The National Commission may appoint and compensate an Executive Director and such other personnel to conduct the National and State Conferences as it may deem advisable, without regard to title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (k) Funding.--Members of the National Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the National Commission. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF FUNDS. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out each National and State Conference required by this Act, $5,000,000, which shall remain available until expended. New spending authority or authority to enter contracts as provided in this Act shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. (b) Specific Earmark.--No amount made available to the Small Business Administration may be made available to carry out this Act, other than amounts made available specifically for the purpose of conducting the National Conferences.

National Conference on Small Business Act - Provides for a National Conference on Small Business, once every four years, to: (1) increase public awareness of the contribution of small business to the Nation's economy; (2) identify the problems of small business; (3) examine the status of minorities and women as small business owners; (4) assist small business in carrying out its role as the Nation's job creators; (5) assemble small businesses to develop recommendations for legislative and regulatory action for maintaining and encouraging the economic viability of small business and, thereby, the Nation; and (6) review the status of recommendations adopted at the prior national conference. Establishes the National Commission on Small Business. Requires the Commission to conduct National and State conferences to bring together individuals concerned with issues relating to small business. Directs the Chief Counsel for Advocacy of the Small Business Administration to assist in carrying out such conferences. Requires the Commission to appoint a Conference Advisory Committee from participants at the last national conference. Requires the Commission to report to the President and ranking minority members of the congressional small business committees on conference findings, recommendations, and proposals, as well as necessary legislative action to implement such recommendations. Authorizes appropriations to carry out each national and State conference.

National Conference on Small Business Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Broadband Strategy Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States needs to develop a long-term investment and growth strategy that will restore the unprecedented gains in structural economic productivity with high employment growth experienced by the United States in the late 1990s. (2) The gains in structural productivity with high employment growth in the late 1990s resulted from unprecedented investments in information and communication technology. (3) It was the precipitous decline in these investments that took the United States economy into recession before September 11, 2001. (4) The United States needs to focus on stimulating resurgence in these investments to regain vibrant growth in structural productivity and high employment growth. (5) If productivity increases at the rate of 1.5 percent per year, the standard of living will double about every 46 years, or about every two generations. On the other hand, if productivity increases at the rate of 3 percent per year, the standard of living will double about every 23 years, or about every generation. This difference results from the so-called miracle of compounding. To take advantage of compounding, a long-term economic strategy for the United States must focus on structural productivity growth. (6) Productivity growth has enabled American workers to produce 30 times as much in goods and services in 1999 as they produced in 1899, with only 5 times as many workers. This growth in productivity has increased the standard of living in the United States from $4,200 in 1899 to $33,740 in 1999 (expressed in 1999 dollars). Growth in structural productivity will bring about growth in wages and salaries, profits, and government tax receipts. (7) The productivity gains of the United States in the late 1990s broke a 25-year trend. From the early 1970s to the mid- 1990s, United States productivity grew sluggishly, at an annual rate of about 1.5 percent. During the final 5 years of the 20th Century, it grew at nearly double that rate. (8) The high cyclical productivity growth the United States has experienced in 2001 and 2002 results for the most part from a reduction in employment and increased utilization of existing capacity. (9) The United States needs a strategy to generate structural productivity growth arising from the development and deployment of new technology that enhances both efficiency and employment. (10) The United States needs to prepare now for the retirement of the Baby Boom generation. If the United States does nothing regarding Social Security, it is estimated that by 2030 the annual shortfall between amounts in the Social Security Trust Fund and the amount required to meet obligations of the Fund will reach $814,000,000,000 (in 1999 dollars). The United States has approximately $7,4000,000,000,000 in obligations coming due, and it is advisable to have our fiscal house in order, hopefully with no national debt, when these obligations must be paid. Restoring structural productivity and high employment growth is essential to ensure that the United States can honor these obligations. (11) Making affordable, high speed broadband Internet connections of 10 Mbps-100 Mbps available to all American homes and small businesses has the potential to restore structural productivity and employment growth. (12) High speed broadband Internet applications for voice, data, graphics, and video will revolutionize many aspects of life at home, school, and work. High speed broadband Internet will transform health care, commerce, government, and education. The benefits of a successful high speed broadband Internet deployment strategy to the quality of life and economy of the United States will be immeasurable. (13) Traditionally, the United States is considered the world leader in the development and commercialization of new innovations and technologies. However, the United States lags far behind other countries in broadband deployment, including South Korea, Canada, and Sweden. By 2005, the United States is projected to fall to ninth place in broadband deployment, surpassed by Asian markets in Hong Kong and Singapore, the Scandinavian countries Denmark and Norway, and the Netherlands. (14) The United States will need high speed broadband Internet for public health, education, and economic welfare, just as the United States now needs universal telephone service. High speed broadband Internet applications are capable of revitalizing the economy and solving countless problems for average Americans. The applications fall into the areas of e- education, e-health, e-commerce, e-government, and e- entertainment. (15) The benefits that will arise from development and implementation of a national high speed broadband Internet strategy amply justify a priority for such a strategy. The Federal Government will act one way or another on many of the key policy issues affecting broadband deployment. The only question is whether it acts in accordance with a strategy, or piecemeal. (16) Adopting a national strategy for broadband deployment is consistent with the strategies the United States has adopted to speed deployment of other essential infrastructure, including railroads, electric power, telephone service, and radio and television. Each of those technologies has been the focus of a national economic strategy. There is a consensus that the Northwest Ordinance, Morrill Land-Grant Act, and GI bill, and laws for transcontinental railroads, rural electrification, and the interstate highway system, embodied useful and successful strategies for the future of the United States. (17) In facilitating high speed broadband Internet deployment, the United States should rely on markets and entrepreneurs and minimize the intrusion of government. Americans need to be creative and innovative when government acts to make sure that it provides value added. (18) In crafting a comprehensive strategy to advance deployment of high speed broadband Internet, a broad range of policy options should be addressed, and the Administration needs to provide leadership in developing these options and establishing a priority among them. SEC. 3. NATIONAL STRATEGY FOR HIGH SPEED BROADBAND INTERNET DEPLOYMENT. (a) Strategy for Increasing Structural Productivity and Employment Growth.--Not later than six months after the date of the enactment of this Act, the President shall submit to Congress a report setting forth a strategy for the nation-wide deployment of high speed broadband Internet telecommunications services. (b) Elements.--The report under subsection (a) shall include the following: (1) A goal for the deployment of broadband telecommunications services nationwide, including a goal regarding the speeds necessary to facilitate applications needed to stimulate structural productivity and employment growth. (2) A proposal for policies to foster and maintain competition among firms offering broadband telecommunications service, including competition to deploy high speed broadband Internet of 10 Mbps-100 Mbps. (3) A proposal for incentives to enhance demand for high speed broadband Internet telecommunications service, including demand for purposes of serving Federal mission areas such as homeland security, distance learning, health, scientific collaboration, and electronic commerce. (4) A proposal for incentives to facilitate and enhance the supply of high speed broadband Internet telecommunications service. (5) A proposal to enhance global electronic commerce. (6) A proposal for the optimal allocation of Federal Government resources on research and development regarding high speed broadband Internet telecommunications service, including recommendations for the allocation and prioritization of Federal funds. (7) A proposal for the optimal allocation of spectrum in furtherance of the deployment of high speed broadband Internet telecommunications service. (8) An assessment of various limitations to the deployment of high speed broadband Internet telecommunications service, including matters relating to taxation, privacy, security, spamming, content, intellectual property, and rights-of-way, and proposals for eliminating or alleviating such limitations. (9) An assessment of the impact of the proposals under this subsection on structural productivity and employment growth in the United States and on the international economic competitiveness of the United States. (10) Any other proposals or matters on the deployment of high speed broadband Internet telecommunications services that the President considers appropriate. (c) Form.--The report under subsection (a) shall include a draft proposal of any legislation required to implement the goal described in paragraph (1) of subsection (b), and of any of the proposals set forth under paragraphs (2) through (8) and (10) of that subsection (b).

National Broadband Strategy Act of 2002 - Requires the President to submit to Congress a strategy for the nationwide deployment of high speed broadband Internet telecommunications services.

A bill to require a report to Congress on a national strategy for the deployment of high speed broadband Internet telecommunications services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthier Heroes Act''. SEC. 2. CLARIFICATION OF OBJECTIVES FOR AND COORDINATION BETWEEN DOD AND VA PROGRAMS. (a) Single, Comprehensive, Standardized Medical Examination.--The Secretary of Defense and the Secretary of Veterans Affairs shall develop a single, comprehensive, standardized medical examination for members of the Armed Forces that, while administered by the Department of Defense, will be-- (1) used by medical evaluation boards and physical evaluation boards of the Department of Defense to determine the fitness of a member of the Armed Forces to perform the duties of the member's office, grade, rank, or rating; and (2) used by the Department of Veterans Affairs to establish the disability rating, compensation, and benefits programs for the member if the member is retired or separated because of physical disability. (b) DOD Role Limited to Determining Fitness To Serve.--Section 1216 of title 10, United States Code, is amended-- (1) in subsection (b)-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (2) by adding at the end the following new subsection: ``(e) The determination under this chapter of the percentage of disability of a member of the armed forces at the time of the member's separation from active duty shall be made by the Department of Veterans Affairs.''. (c) Sense of Congress.--It is the sense of Congress that the use of a single, comprehensive, standardized medical examination by both the Department of Defense and the Department of Veterans Affairs and the clear differentiation of the roles of the Department of Defense and Department of Veterans Affairs disability programs will eliminate duplicative processes as well as reduce inequities for members of the Armed Forces. SEC. 3. AVAILABILITY OF POST-TRAUMATIC STRESS DISORDER CARE. Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall provide appropriate medical care to any veteran of Operation Iraqi Freedom or Operation Enduring Freedom who needs medical care for post-traumatic stress disorder regardless of the length of time the veteran has been separated from active duty service in the armed forces. SEC. 4. EXTENDED BENEFITS UNDER TRICARE FOR PRIMARY CAREGIVERS OF MEMBERS OF THE UNIFORMED SERVICES WHO INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE DUTY. (a) In General.--Section 1079(d) of title 10, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): ``(2)(A) Subject to such terms, conditions, and exceptions as the Secretary of Defense considers appropriate, the program of extended benefits for eligible dependents under this subsection shall include extended benefits for the primary caregivers of members of the uniformed services who incur a serious injury or illness on active duty. ``(B) The Secretary of Defense shall prescribe in regulations the individuals who shall be treated as the primary caregivers of a member of the uniformed services for purposes of this paragraph. ``(C) For purposes of this section, a serious injury or illness, with respect to a member of the uniformed services, is an injury or illness that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating and that renders a member of the uniformed services dependant upon a caregiver.''. (b) Effective Date.--The amendments made by subsection (a) shall take 60 days after the date of the enactment of this Act. SEC. 5. FAMILY MEDICAL LEAVE ACT. (a) Servicemember Family Leave Under the Family and Medical Leave Act.-- (1) 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, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, 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) Next of kin.--The term `next of kin', used with respect to an individual, means the nearest blood relative of that individual. ``(18) 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 results in a serious physical disability, as defined in section 199.2 of title 32, Code of Federal Regulations, or that renders the member medically unfit to perform the duties of the member's office, grade, rank, or rating.''. (2) 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) Servicemember family leave.--Subject to section 103, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. 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.''. (3) Requirements relating to leave.-- (A) Schedule.--Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended-- (i) 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 (ii) in paragraph (2), by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (B) Substitution of paid leave.--Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended-- (i) 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 (ii) in paragraph (2)(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, family 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.''. (C) 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)''. (D) Spouses employed by same employer.--Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended-- (i) 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); (ii) by striking ``In any'' and inserting the following: ``(1) In general.--In any''; and (iii) by adding at the end the following: ``(2) Servicemember family 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).''. (4) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Servicemember Family 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.''. (5) Failure to return.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended-- (A) in paragraph (2)(B)(i), by inserting ``or under section 102(a)(3)'' before the semicolon; and (B) in paragraph (3)(A)-- (i) in clause (i), by striking ``or'' at the end; (ii) in clause (ii), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) a certification issued by the health care provider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).''. (6) 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''. (7) 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)''. (b) Servicemember Family Leave for Civil Service Employees.-- (1) Definitions.--Section 6381 of title 5, United States Code, is amended-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(7) 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; ``(8) 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, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness; ``(9) 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; ``(10) the term `next of kin', used with respect to an individual, means the nearest blood relative of that individual; and ``(11) 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 results in a serious physical disability, as defined in section 199.2 of title 32, Code of Federal Regulations, or that renders the member medically unfit to perform the duties of the member's office, grade, rank, or rating.''. (2) Entitlement to leave.--Section 6382(a) of such title is amended by adding at the end the following: ``(3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period. ``(4) During the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative 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.''. (3) Requirements relating to leave.-- (A) Schedule.--Section 6382(b) of such title is amended-- (i) in paragraph (1), in the second sentence-- (I) by striking ``section 6383(b)(5)'' and inserting ``subsection (b)(5) or (f) (as appropriate) of section 6383''; and (II) by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''; and (ii) in paragraph (2), by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (B) Substitution of paid leave.--Section 6382(d) of such title is amended by adding at the end the following: ``An employee may elect to substitute for leave under subsection (a)(3) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.''. (C) Notice.--Section 6382(e) of such title is amended by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (4) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.

Healthier Heroes Act - Directs the Secretary of Defense and the Secretary of Veterans Affairs to develop a single medical examination for members of the Armed Forces to be used by: (1) Department of Defense (DOD) medical evaluation boards and physical evaluation boards to determine the fitness of a member of the Armed Forces to perform the duties of the member's office, grade, rank, or rating; and (2) the Department of Veterans Affairs (VA) to establish the disability rating, compensation, and benefits programs for a member who is retired or separated because of physical disability. Directs the Secretary of Veterans Affairs to provide appropriate medical care to any veteran of Operation Iraqi Freedom or Operation Enduring Freedom for post-traumatic stress disorder regardless of the length of time the veteran has been separated from active duty service. Provides extended benefits under TRICARE (a DOD managed care program) for the primary caregivers of members who incur a serious injury or illness while on active duty. Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember to a total of 26 workweeks of leave during a single 12-month period to care for the servicemember. Defines covered servicemember 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, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty that may render the member medically unfit to perform his or her duties. Provides for the substitution of accrued paid vacation, personal, family leave, or medical or sick leave for any part of the 26-week period. Declares that nothing in this Act shall be construed to limit the availability of such leave during any other 12-month period. Amends federal civil service law to entitle civilian federal employees to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 26-week period.

To implement recommendations of the President's Commission on Care for America's Returning Wounded Warriors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bill Emerson English Language Empowerment Act of 1996''. TITLE I--ENGLISH LANGUAGE EMPOWERMENT SEC. 101. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds. (2) The United States has benefited and continutes to benefit from this rich diversity. (3) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been a common language. (4) In order to preserve unity in diversity, and to prevent division along linguistic lines, the Federal Government should maintain a language common to all people. (5) English has historically been the common language and the language of opportunity in the United States. (6) The purpose of this title is to help immigrants better assimilate and take full advantage of economic and occupational opportunities in the United States. (7) By learning the English language, immigrants will be empowered with the language skills and literacy necessary to become responsible citizens and productive workers in the United States. (8) The use of a single common language in conducting official businesss of the Federal Government will promote efficiency and fairness to all people. (9) English should be recognized in law as the language of official business of the Federal Government. (10) Any monetary savings derived from the enactment of this title should be used for the teaching of the English language to non-English speaking immigrants. SEC. 102. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT ``Sec. ``161. Declaration of official language of Federal Government ``162. Preserving and enhancing the role of the official language ``163. Official Federal Government activities in English ``164. Standing ``165. Reform of naturalization requirements ``166. Application ``167. Rule of construction ``168. Affirmation of constitutional protections ``169. Definitions ``Sec. 161. Declaration of official language of Federal Government ``The official language of the Federal Government is English. ``Sec. 162. Preserving and enhancing the role of the official language ``Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official Federal Government activities in English ``(a) Conduct of Business.--Representatives of the Federal Government shall conduct its official business in English. ``(b) Denial of Services.--No person shall be denied services, assistance, or facilities, directly or indirectly provided by the Federal Government solely because the person communicates in English. ``(c) Entitlement.--Every person in the United States is entitled-- ``(1) to communicate with representatives of the Federal Government in English; ``(2) to receive information from or contribute information to the Federal Government in English; and ``(3) to be informed of or be subject to official orders in English. ``Sec. 164. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief. ``Sec. 165. Reform of naturalization requirements ``(a) Fluency.--It has been the longstanding national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in society in the United States. ``(b) Ceremonies.--All authorized officials shall conduct all naturalization ceremonies entirely in English. ``Sec. 166. Application ``Except as otherwise provided in this chapter, the provisions of this chapter shall supersede any existing Federal law that contravenes such provisions (such as by requiring the use of a language other than English for official business of the Federal Government). ``Sec. 167. Rule of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or an employee or official of the Federal Government, while performing official business, from communicating orally with another person in a language other than English; ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); ``(3) to discriminate against or restrict the rights of any individual in the country; and ``(4) to discourage or prevent the use of languages other than English in any nonofficial capacity. ``Sec. 168. Affirmation of constitutional protections ``Nothing in this chapter shall be construed to be inconsistent with the Constitution of the United States. ``Sec. 169. Definitions ``For purposes of this chapter: ``(1) Federal government.--The term `Federal Government' means all branches of the national Government and all employees and officials of the national Government while performing official business. ``(2) Official business.--The term `official business' means governmental actions, documents, or policies which are enforceable with the full weight and authority of the Federal Government, and includes publications, income tax forms, and informational materials, but does not include-- ``(A) teaching of languages; ``(B) requirements under the Individuals with Disabilities Education Act; ``(C) actions, documents, or policies necessary for-- ``(i) national security issues; or ``(ii) international relations, trade, or commerce; ``(D) actions or documents that protect the public health and safety; ``(E) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(F) actions, documents, or policies that are not enforceable in the United States; ``(G) actions that protect the rights of victims of crimes or criminal defendants; ``(H) actions in which the United States has initiated a civil lawsuit; or ``(I) using terms of art or phrases from languages other than English. ``(3) United states.--The term `United States' means the several States and the District of Columbia.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Federal Government..................... 161''. SEC. 103. PREEMPTION. This title (and the amendments made by this title) shall not preempt any law of any State. SEC. 104. EFFECTIVE DATE. The amendments made by section 102 shall take effect on the date that is 180 days after the date of enactment of this Act. TITLE II--REPEAL OF BILINGUAL VOTING REQUIREMENTS SEC. 201. REPEAL OF BILINGUAL VOTING REQUIREMENTS (a) Bilingual Election Requirements.--Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (b) Voting Rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). SEC. 202. CONFORMING AMENDMENTS. (a) References to Section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (1) in section 204, by striking ``or 203,''; and (2) in section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (b) References to Section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (1) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13, by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (2) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; (3) in paragraph (1)(B) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''; and (4) in paragraph (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. Passed the House of Representatives August 1, 1996. Attest: ROBIN H. CARLE, Clerk. Linda Nave, Deputy Clerk.

TABLE OF CONTENTS: Title I: English Language Empowerment Title II: Repeal of Bilingual Voting Requirements Bill Emerson English Language Empowerment Act of 1996 - Title I: English Language Empowerment - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this title be construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act. Title II: Repeal of Bilingual Voting Requirements - Amends the Voting Rights Act of 1965 to repeal bilingual voting requirement provisions.

Bill Emerson English Language Empowerment Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovative STEM Networks Act'' or the ``I-STEM Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Council on Foreign Relations, 60 percent of U.S. employers are having difficulties finding qualified workers to fill vacancies at their companies. (2) Office of Science and Technology and Policy states that ``STEM occupations will grow 1.7 times faster than non-STEM occupations over the period from 2008 through 2018''. (3) According to the National Governors Association Center for Best Practices, at all levels of educational attainment, STEM job holders earn 11 percent higher wages compared with their same-degree counterparts in other jobs. (4) The National Governors Association Center for Best Practices also states that ``The top 10 bachelor-degree majors with the highest median earnings are all in STEM fields''. (5) According to the Harris STEM Survey, although most parents of K-12 students (93 percent) believe that STEM education should be a priority in the U.S., only half (49 percent) agreed that it actually is a top priority for this country. (6) The Harris STEM Survey also states that ``Only one in five STEM college students felt that their K-12 education prepared them extremely well for their college courses in STEM.''. SEC. 3. STEM INNOVATION NETWORKS. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following new part: ``PART E--STEM INNOVATION NETWORKS ``SEC. 2501. PURPOSE. ``It is the purpose of this part to authorize a program to provide competitive grants to State educational agencies or local educational agencies to establish STEM innovation networks in partnership with institutions of higher education, nonprofit organizations, other public agencies, or businesses to increase the number of students who are effectively prepared for postsecondary education and careers in STEM fields by-- ``(1) working with States and local educational agencies to develop comprehensive plans for identifying, developing, testing, and implementing evidence-based practices to provide rich STEM learning opportunities for students; and ``(2) supporting the implementation of such plans by employing of wide range of strategies, depending on local needs, including the recruitment, preparation, and professional development of effective STEM educators, the development and testing of teaching and learning models that enable students to successfully meet STEM-focused State academic standards developed under section 1111, and student engagement in STEM subjects. ``SEC. 2502. GRANT PROGRAM. ``(a) In General.--From the amounts appropriated under subsection (i), the Secretary shall award grants, on a competitive basis, to eligible entities to establish STEM Innovation networks to increase student achievement in STEM subjects and increase the number of students who are effectively prepared for postsecondary education and careers in STEM fields. ``(b) Number of Grants.--The Secretary shall award not less than 5 and not more than 10 grants under this section for each fiscal year. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities that include a high- need local educational agency or a State educational agency that serves a high-need local educational agency. ``(d) Application.-- ``(1) In general.--An eligible entity that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--An application submitted by an eligible entity under paragraph (1) shall include a description of the activities that will be carried out with the grant received under this section, and how such activities will address the needs identified by the eligible entity, with respect to preparing students for postsecondary education and careers in STEM fields, including-- ``(A) a description of the data for elementary schools and secondary schools in the State or States served by the eligible entity on-- ``(i) student achievement in the STEM subjects; ``(ii) teacher evaluation results or ratings in STEM subjects; and ``(iii) student access to STEM subjects, especially for students enrolled in high-need schools or residing in high-need communities; ``(B) a review of the workforce needs in the State or States served by the eligible entity in occupations and sectors that require knowledge or training in STEM subjects; ``(C) based on a review of the data described in subparagraph (A) and the workforce needs under subparagraph (B)-- ``(i) an identification of the STEM subjects that the eligible entity will address with the grant funds; and ``(ii) a description of the activities the eligible entity will carry out to improve instruction in such STEM subjects using evidence-based programs of instruction that are aligned with State academic standards and assessments developed under section 1111; ``(D) a description of how the activities carried out with the grant funds will integrate with informal STEM programs; ``(E) results from an analysis carried out before the submission of such application by the eligible entity or a member of the eligible entity of STEM subject education quality and outcomes in the State or States served by the eligible entity, if available; ``(F) whether the eligible entity will provide matching funds from private sources (which are not Federal, State, or local sources) to carry out the activities under subsection (e); and ``(G) a description of how the activities carried out with the grant funds will be coordinated with other Federal, State, and local programs and activities relating to STEM, and how the activities carried out with the grant funds may improve or benefit such other programs and activities. ``(e) Uses of Funds.-- ``(1) Required activities.--An eligible entity shall use a grant received under this section to establish and maintain STEM innovation networks to effectively prepare students for postsecondary education and careers in STEM fields by carrying out the following: ``(A) Increasing student awareness about STEM career pathways that reflect the STEM workforce needs identified under subsection (d)(2)(B). ``(B) Developing statewide plans that integrate and align workforce needs with education and training programs that prepare students for college degree pathways and careers in STEM fields, which result in 2- year degrees, trade certifications, or other measures of STEM-specific workforce skills. ``(C) Identifying points of weakness and strength of State STEM education efforts, prioritizing strategies for addressing problem areas with respect to such efforts, and communicating the needs of the State or States served by the eligible entity. ``(2) Authorized activities.--An eligible entity may use a grant received under this section to carry out the following: ``(A) Promoting and developing in school and out- of-school curricular tools and professional development for STEM educators at the elementary school and secondary school levels. ``(B) Providing induction and mentoring services to new teachers in STEM subjects that the eligible entity identifies under subsection (d)(2)(C). ``(C) Promoting and developing rigorous undergraduate preservice teacher programs at institutions of higher education that emphasize STEM content. ``(D) Supporting the participation of elementary school and secondary school students (especially students enrolled in high-need schools or residing in high-need communities) in competitions, out-of-school activities, and field experiences related to STEM subjects. ``(E) Assisting in the implementation and assessment of rigorous career and college ready standards in STEM education for students in prekindergarten through grade 12. ``(F) Developing STEM-related education and workforce training programs in secondary schools and community colleges to reflect the needs of the local community. ``(f) Supplement, Not Supplant.--Funds received under this part shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this part. ``(g) Maintenance of Effort.--A State that receives funds under this part for a fiscal year shall maintain the fiscal effort provided by the State for the STEM subjects supported by the funds under this part at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. ``(h) Definitions.-- ``(1) Eligible entity.--The term `eligible entity' means 1 or more State educational agencies or local educational agencies in partnership with 1 or more of the following entities that have a demonstrated record of success in improving student achievement in STEM subjects: ``(A) A nonprofit organization. ``(B) A business. ``(C) A STEM faculty or teacher training department of an institution of higher education. ``(D) An educational service agency. ``(E) Another entity. ``(2) Community college.--The term `community college' has the meaning given the term in section 3301. ``(3) High-need community.--The term `high-need community' has the meaning given the term in section 2151(e)(9). ``(4) High-need local educational agency.--The term `high- need local educational agency' has the meaning given the term in section 2102. ``(5) High-need school.--The term `high-need school' has the meaning given the term in section 2312. ``(6) Informal stem program.--The term `informal STEM program' means a STEM program that takes place outside of a standard school setting, and may include an afterschool, out- of-school, summer, or other STEM education program that takes place outside of the regular school day in a school setting or other learning environment. ``(7) STEM.--The term `STEM' means science, technology, engineering, or mathematics, including other academic subjects or fields-- ``(A) that build on those disciplines, such as computer science; or ``(B) that a State identifies as important to the workforce of the State. ``(i) Authorization of Appropriations.--There are authorized to be appropriated $150,000,000 for fiscal year 2015 and each succeeding fiscal year.''. SEC. 4. CONFORMING AMENDMENT. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to part D of title II the following: ``Part E--STEM Innovation Networks ``Sec. 2501. Purpose. ``Sec. 2502. Grant program.''.

Innovative STEM Networks Act or the I-STEM Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to states or local educational agencies (LEAs) to establish STEM (science, technology, engineering, or mathematics) innovation networks in partnership with nonprofit organizations, businesses, institutions of higher education (IHEs), educational service agencies, or other entities to prepare students for postsecondary education and careers in the STEM fields. Directs the Secretary of Education to: (1) award no less than 5 and no more than 10 of those grants each fiscal year, and (2) give priority to grantees that include or serve a high-need LEA. Requires the grants to be used to: increase student awareness about STEM career pathways that reflect STEM workforce needs in the area, develop statewide plans that integrate and align workforce needs with STEM education and training programs that provide students with STEM-specific skills and credentials, and identify the strengths and weaknesses in state STEM education efforts and prioritize strategies to address those weaknesses. Authorizes the grants to be used to: promote and develop in-school and out-of-school curricular tools and professional development for STEM educators at the elementary and secondary school level; provide induction and mentoring services to new teachers in STEM subjects; promote and develop rigorous undergraduate pre-service teacher programs at IHEs that emphasize STEM content; support the participation of elementary and secondary school students in STEM-related competitions, out-of-school activities, and field experiences; assist in the implementation and assessment of rigorous career and college ready standards in STEM education for students in prekindergarten through grade 12; and develop STEM-related education and workforce training programs in secondary schools and community colleges that reflect local community needs.

I-STEM Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``SBA Veterans' Programs Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--OFFICE OF VETERANS BUSINESS DEVELOPMENT Sec. 101. Office of Veterans Business Development. TITLE II--VETERANS ASSISTANCE AND SERVICES Sec. 201. Veterans Assistance and Services program. TITLE III--EXPANDING VETERANS BUSINESS OUTREACH CENTERS Sec. 301. Increasing the number of outreach centers. Sec. 302. Independent study on gaps in availability of outreach centers. TITLE I--OFFICE OF VETERANS BUSINESS DEVELOPMENT SEC. 101. OFFICE OF VETERANS BUSINESS DEVELOPMENT. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended-- (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following: ``(c) Participation in TAP Workshops.-- ``(1) In general.--The Associate Administrator shall increase veteran outreach by ensuring that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the workshops of the Transition Assistance Program of the Department of Labor. ``(2) Presentations.--In carrying out paragraph (1), a Center may provide grants to eligible entities located in Transition Assistance Program locations to make presentations on the opportunities available from the Administration for recently separating veterans. Each such presentation must include, at a minimum, the entrepreneurial and business training resources available from the Administration. ``(3) Reports.--The Associate Administrator shall submit to Congress progress reports on the implementation of this subsection. ``(d) Women Veterans Business Training Resource Program.--The Associate Administrator shall establish a Women Veterans Business Training Resource Program. The program shall-- ``(1) compile information on resources available to women veterans for business training, including resources for-- ``(A) vocational and technical education; ``(B) general business skills, such as marketing and accounting; and ``(C) business assistance programs targeted to women veterans; and ``(2) disseminate the information through Veteran Business Outreach Centers and women's business centers.''. TITLE II--VETERANS ASSISTANCE AND SERVICES SEC. 201. VETERANS ASSISTANCE AND SERVICES PROGRAM. Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following: ``(n) Veterans Assistance and Services Program.-- ``(1) In general.--A Small Business Development Center may apply for an additional grant to carry out a veterans assistance and services program. ``(2) Elements of program.--Under a program under paragraph (1), the Center shall-- ``(A) create a marketing campaign to promote awareness and education of the services of the Center that are available to veterans, and to target the campaign toward veterans, disabled veterans, military units, Federal agencies, and veterans organizations; ``(B) use technology-assisted online counseling and distance learning technology to overcome the impediments to entrepreneurship faced by veterans and members of the Armed Forces; and ``(C) increase coordination among organizations that assist veterans, including by establishing virtual integration of service providers and offerings for a one-stop point of contact for veterans who are entrepreneurs or small business owners. ``(3) Minimum amount.--Each grant under this subsection shall be for at least $75,000. ``(4) Maximum amount.--A grant under this subsection may not exceed $250,000. ``(5) Funding.--Subject to amounts approved in advance in appropriations Acts, the Administration may make grants or enter into cooperative agreements to carry out the provisions of this subsection.''. TITLE III--EXPANDING VETERANS BUSINESS OUTREACH CENTERS SEC. 301. INCREASING THE NUMBER OF OUTREACH CENTERS. The Administrator of the Small Business Administration shall use the authority in section 8(b)(17) of the Small Business Act (15 U.S.C. 647(b)) to ensure that the number of Veterans Business Outreach Centers throughout the United States increases-- (1) by at least 2, for each of fiscal years 2008 and 2009; and (2) by the number that the Administrator considers appropriate, based on existing need, for each fiscal year thereafter. SEC. 302. INDEPENDENT STUDY ON GAPS IN AVAILABILITY OF OUTREACH CENTERS. The Administrator of the Small Business Administration shall sponsor an independent study on gaps in the availability of Veterans Business Outreach Centers across the United States. The purpose of the study shall be to identify the gaps that do exist so as to inform decisions on funding and on the allocation and coordination of resources. Not later than 6 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the results of the study. Passed the House of Representatives June 18, 2007. Attest: LORRAINE C. MILLER, Clerk.

SBA Veterans' Programs Act of 2007 - Title I: Office of Veterans Business Development - Amends the Small Business Act to direct the Associate Administrator for Veterans Business Development to: (1) increase veteran outreach by ensuring that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the workshops of the Transition Assistance Program of the Department of Labor; and (2) submit to Congress progress reports on the implementation of such requirement. Requires the Associate Administrator to establish a Women Veterans Business Training Resource Program to compile information on resources available to women veterans for business training. Title II: Veterans Assistance and Services -Authorizes a small business development center to apply for a grant to carry out a veterans assistance and services program. Sets at $75,000 and $250,000 the minimum and maximum grant amounts. Title III: Expanding Veterans Business Outreach Centers - Directs the Administrator of the Small Business Administration (SBA) to increase, by at least two for each of FY2008 and FY2009, and by an appropriate number for each fiscal year thereafter, the number of Veterans Business Outreach Centers throughout the United States. Requires the Administrator to (1) sponsor an independent study on gaps in the availability of such Centers across the United States; and (2) report to Congress on study results.

To reauthorize the veterans entrepreneurial development programs of the Small Business Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2014''. SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. ``(a) In General.--To provide timely and effective warnings regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety, the Administrator shall-- ``(1) modernize the integrated public alert and warning system of the United States (in this section referred to as the `public alert and warning system') to help ensure that under all conditions the President and, except to the extent the public alert and warning system is in use by the President, Federal agencies and State, tribal, and local governments can alert and warn the civilian population in areas endangered by natural disasters, acts of terrorism, and other man-made disasters or threats to public safety; and ``(2) implement the public alert and warning system to disseminate timely and effective warnings and homeland security information regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety. ``(b) Implementation Requirements.--In carrying out subsection (a), the Administrator shall-- ``(1) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(2) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as appropriate; ``(3) include in the public alert and warning system the capability to alert, warn, and provide equivalent information to individuals with disabilities, individuals with access and functional needs, and individuals with limited-English proficiency, to the extent technically feasible; ``(4) ensure that training, tests, and exercises are conducted for the public alert and warning system, including by-- ``(A) incorporating the public alert and warning system into other training and exercise programs of the Department, as appropriate; ``(B) establishing and integrating into the National Incident Management System a comprehensive and periodic training program to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System; and ``(C) conducting, not less than once every 3 years, periodic nationwide tests of the public alert and warning system; ``(5) to the extent practicable, ensure that the public alert and warning system is resilient and secure and can withstand acts of terrorism and other external attacks; ``(6) conduct public education efforts so that State, tribal, and local governments, private entities, and the people of the United States reasonably understand the functions of the public alert and warning system and how to access, use, and respond to information from the public alert and warning system through a general market awareness campaign; ``(7) consult, coordinate, and cooperate with the appropriate private sector entities and Federal, State, tribal, and local governmental authorities, including the Regional Administrators and emergency response providers; and ``(8) coordinate with and consider the recommendations of the Integrated Public Alert and Warning System Subcommittee established under section 2(b) of the Integrated Public Alert and Warning System Modernization Act of 2014. ``(c) System Requirements.--The public alert and warning system shall-- ``(1) to the extent determined appropriate by the Administrator, incorporate multiple communications technologies; ``(2) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(3) to the extent technically feasible, be designed-- ``(A) to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, individuals with disabilities, individuals with access and functional needs, and individuals with limited-English proficiency; and ``(B) to improve the ability of remote areas to receive alerts; ``(4) promote local and regional public and private partnerships to enhance community preparedness and response; ``(5) provide redundant alert mechanisms where practicable so as to reach the greatest number of people; and ``(6) to the extent feasible, include a mechanism to ensure the protection of individual privacy. ``(d) Use of System.-- ``(1) Limitation.--Except to the extent necessary for testing the public alert and warning system, the public alert and warning system shall not be used to transmit a message that does not relate to a natural disaster, act of terrorism, or other man-made disaster or threat to public safety. ``(2) Consumer opt-out.--Nothing in this section shall be construed to supersede section 602 of the SAFE Port Act (47 U.S.C. 1201). ``(e) Performance Reports.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2014, and annually thereafter through 2017, the Administrator shall make available on the public website of the Agency a performance report, which shall-- ``(A) establish performance goals for the implementation of the public alert and warning system by the Agency; ``(B) describe the performance of the public alert and warning system, including-- ``(i) the type of technology used for alerts and warnings issued under the system; ``(ii) the measures taken to alert, warn, and provide equivalent information to individuals with disabilities, individuals with access and function needs, and individuals with limited-English proficiency; and ``(iii) the training, tests, and exercises performed and the outcomes obtained by the Agency; ``(C) identify significant challenges to the effective operation of the public alert and warning system and any plans to address these challenges; ``(D) identify other necessary improvements to the system; and ``(E) provide an analysis comparing the performance of the public alert and warning system with the performance goals established under subparagraph (A). ``(2) Congress.--The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives each report required under paragraph (1).''. (b) Integrated Public Alert and Warning System Subcommittee.-- (1) Establishment.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency (in this subsection referred to as the ``Administrator'') shall establish a subcommittee to the National Advisory Council established under section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) to be known as the Integrated Public Alert and Warning System Subcommittee (in this subsection referred to as the ``Subcommittee''). (2) Membership.--Notwithstanding section 508(c) of the Homeland Security Act of 2002 (6 U.S.C. 318(c)), the Subcommittee shall be composed of the following members (or their designees): (A) The Deputy Administrator for Protection and National Preparedness of the Federal Emergency Management Agency. (B) The Chairman of the Federal Communications Commission. (C) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce. (D) The Assistant Secretary for Communications and Information of the Department of Commerce. (E) The Under Secretary for Science and Technology of the Department of Homeland Security. (F) The Under Secretary for the National Protection and Programs Directorate. (G) The Director of Disability Integration and Coordination of the Federal Emergency Management Agency. (H) The Chairperson of the National Council on Disability. (I) Qualified individuals appointed by the Administrator as soon as practicable after the date of enactment of this Act from among the following: (i) Representatives of State and local governments, representatives of emergency management agencies, and representatives of emergency response providers. (ii) Representatives from federally recognized Indian tribes and national Indian organizations. (iii) Individuals who have the requisite technical knowledge and expertise to serve on the Subcommittee, including representatives of-- (I) communications service providers; (II) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (III) third-party service bureaus; (IV) the broadcasting industry; (V) the cellular industry; (VI) the cable industry; (VII) the satellite industry; (VIII) national organizations representing individuals with disabilities, the blind, deaf, and hearing-loss communities, individuals with access and functional needs, and the elderly; (IX) consumer or privacy advocates; and (X) organizations representing individuals with limited-English proficiency. (iv) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson.--The Deputy Administrator for Protection and National Preparedness of the Federal Emergency Management Agency shall serve as the Chairperson of the Subcommittee. (4) Meetings.-- (A) Initial meeting.--The initial meeting of the Subcommittee shall take place not later than 120 days after the date of enactment of this Act. (B) Other meetings.--After the initial meeting, the Subcommittee shall meet, at least annually, at the call of the Chairperson. (5) Consultation with nonmembers.--The Subcommittee and the program offices for the integrated public alert and warning system for the United States shall consult with individuals and entities that are not represented on the Subcommittee to consider new and developing technologies that may be beneficial to the public alert and warning system, including-- (A) the Defense Advanced Research Projects Agency; (B) entities engaged in federally funded research; and (C) academic institutions engaged in relevant work and research. (6) Recommendations.--The Subcommittee shall-- (A) develop recommendations for an integrated public alert and warning system; and (B) in developing the recommendations under subparagraph (A), consider-- (i) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; and (ii) recommendations to provide for a public alert and warning system that-- (I) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (II) has the capability to alert and warn individuals with disabilities and individuals with limited-English proficiency; (III) to the extent appropriate, incorporates multiple communications technologies; (IV) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (V) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (VI) promotes local and regional public and private partnerships to enhance community preparedness and response; and (VII) provides redundant alert mechanisms, if practicable, to reach the greatest number of people regardless of whether they have access to, or use, any specific medium of communication or any particular device. (7) Report.-- (A) Subcommittee submission.--Not later than 1 year after the date of enactment of this Act, the Subcommittee shall submit to the National Advisory Council a report containing any recommendations required to be developed under paragraph (6) for approval by the National Advisory Council. (B) Submission by national advisory council.--If the National Advisory Council approves the recommendations contained in the report submitted under subparagraph (A), the National Advisory Council shall submit the report to-- (i) the head of each agency represented on the Subcommittee; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; and (iii) the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives. (8) Termination.--The Subcommittee shall terminate not later than 3 years after the date of enactment of this Act. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary for each of fiscal years 2015, 2016, and 2017. (d) Effect on Obligations.--Nothing in this section shall be construed to affect any existing obligations of the Federal Communications Commission, the Department of Commerce, or any nongovernmental entity.

Integrated Public Alert and Warning System Modernization Act of 2014 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) modernize the integrated U.S. public alert and warning system to help ensure that under all conditions the President, federal agencies, and state, tribal, and local governments can alert and warn the civilian population in areas endangered by natural disasters, acts of terrorism, and other man-made disasters or threats to public safety; and (2) implement such system to disseminate timely and effective warnings and homeland security information. Directs the Administrator to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures for the system; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication technologies and to alert, warn, and provide equivalent information to individuals with disabilities, access and functional needs, or limited English proficiency; (3) ensure that specified training, tests, and exercises for such system are conducted and that the system is resilient, secure, and can withstand external attacks; and (4) conduct public education efforts and a general market awareness campaign about the system. Requires the system to: (1) be designed to adapt to and incorporate future technologies for communicating directly with the public, provide alerts to the largest portion of the affected population feasible, and improve the ability of remote areas to receive alerts; (2) promote local and regional public and private partnerships to enhance community preparedness and response; (3) provide redundant alert mechanisms; and (4) protect individual privacy. Directs the Administrator to establish the Integrated Public Alert and Warning System Subcommittee to develop and submit recommendations for an integrated public alert and warning system to the National Advisory Council, which shall report the recommendations it approves to agencies represented on the Subcommittee and to specified congressional committees.

Integrated Public Alert and Warning System Modernization Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 First Responders History Project Act of 2011''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) Over 410,000 people were exposed to the site of the September 11, 2001, terrorist attacks at the World Trade Center (WTC) in New York City, including 50,000 workers from across the Nation who traveled to the site to lend their support. (2) Of these over 410,000 people, 91,000 were rescue and recovery workers. (3) Post-traumatic stress disorder (PTSD) was one of the major health effects for individuals who responded to the WTC attacks. (4) Nineteen percent of adult enrollees (about 71,000 people) in the WTC Health Registry report new PTSD symptoms, 4 times the rate typically seen in adults in the United States. (5) Of the more than 10,000 rescue and recovery workers monitored for a study at the Mount Sinai WTC Consortium over a five-year period from 2002 to 2007, 11% met criteria for probable PTSD, 8.8% had probable depression, 5.0% had probable panic disorder, and 62% had substantial stress reaction. (6) According to the Mount Sinai study, the rate of PTSD among responders to the September 11, 2001, terrorist attacks at the WTC is significantly greater than in the general population and is on par with the rate experienced by veterans of the war in Afghanistan. For example, 15.5% of firefighters report probable post-9/11 PTSD and firefighters who worked at Ground Zero lost an average of 12 years of lung function. (b) Purpose.--It is the purpose of this Act to create a new federally sponsored, authorized, and funded project that will coordinate at a national level the collection of video and audio recordings of personal histories and testimonials of emergency responders and recovery and cleanup workers who responded to the September 11, 2001, terrorist attacks that will build upon and complement previous and ongoing documentary work on this subject, and to assist and encourage local efforts to preserve the memories of such individuals so that Americans of all current and future generations may hear from them directly and better appreciate the sacrifices they made. SEC. 3. ESTABLISHMENT OF PROJECT AT LIBRARY OF CONGRESS TO COLLECT VIDEO AND AUDIO RECORDINGS OF HISTORIES OF 9/11 FIRST RESPONDERS. (a) Establishment of Project.--Within the limits of available funds, the Librarian of Congress (hereafter referred to as the ``Librarian'') shall establish an oral history project-- (1) to survey, during the initial phase of the project, collections of audio and video recordings of the reminiscences of 9/11 first responders that are housed in archives, libraries, museums, and other educational institutions, as well as ongoing documentary work, in order to augment and complement these endeavors and avoid duplication of effort; (2) to solicit, reproduce, and collect-- (A) video and audio recordings of personal histories and testimonials of 9/11 first responders; and (B) visual and written materials (such as letters, diaries, photographs, and ephemera) relevant to the personal histories of individuals; (3) to create a collection of the recordings and other materials obtained, and to catalog and index the collection in a manner the Librarian considers appropriate; and (4) to make the collection available for public use through the Library of Congress, as well as through such other methods as the Librarian consider appropriate. (b) Use of and Consultation With Other Entities.--The Librarian may carry out the activities described in subsection (a) through agreements and partnerships entered into with other government and private entities, and may otherwise consult with interested persons (within the limits of available resources) and develop appropriate guidelines and arrangements for soliciting, acquiring, and making available recordings under the project under this Act. (c) Services of Experts and Consultants; Acceptance of Volunteer Services; Advance Payments.--In carrying out activities described in subsection (a)(1), the Librarian may-- (1) procure temporary and intermittent services under section 3109 of title 5, United States Code; (2) accept and utilize the services of volunteers and other uncompensated personnel and reimburse them for travel expenses, including per diem, as authorized under section 5703 of title 5, United States Code; and (3) make advances of money and payments in advance in accordance with section 3324 of title 31, United States Code. (d) Timing.--As soon as practicable after the enactment of this Act, the Librarian shall begin collecting video and audio recordings and other materials under subsection (a), and shall attempt to collect the first such recordings from the oldest individuals involved. (e) Definition.--In this Act, the term ``9/11 first responders'' means emergency responders and recovery and cleanup workers who responded to the terrorist attacks that occurred on September 11, 2001, in New York City, in Shanksville, Pennsylvania, and at the Pentagon (including the aftermath of such attacks). SEC. 4. PRIVATE SUPPORT FOR PROJECT. (a) Encouraging Solicitation and Acceptance of Donations.--The Librarian of Congress is encouraged to solicit and accept donations of funds and in-kind contributions to support activities under section 3. (b) Dedication of Funds Provided to Library of Congress.-- Notwithstanding any other provision of law-- (1) any funds donated to the Librarian of Congress to support the activities of the Librarian under section 3 shall be deposited entirely into an account established for such purpose; (2) the funds contained in such account shall be used solely to support such activities; and (3) the Librarian of Congress may not deposit into such account any funds donated to the Librarian which are not donated for the exclusive purpose of supporting such activities. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $250,000 for fiscal year 2012; and (2) $150,000 for each of the 4 succeeding fiscal years.

9/11 First Responders History Project Act of 2011 - Requires, within the limits of available funds, the Librarian of Congress to establish an oral history project to: (1) survey collections of audio and video recordings (as well as ongoing documentary work) of the reminiscences of 9/11 first responders housed in archives, libraries, museums, and other educational institutions; (2) solicit, reproduce, and collect video and audio recordings of personal histories and testimonials of 9/11 first responders, and visual and written materials (such as letters, diaries, photographs, and ephemera) relevant to the personal histories of individuals; (3) create a collection, with a catalog and index, of the recordings and other materials obtained; and (4) make the collection available for public use through the Library of Congress (LOC) and other appropriate methods. Defines "9/11 first responders" as emergency responders and recovery and cleanup workers who responded to the terrorist attacks that occurred on September 11, 2001, in New York City, in Shanksville, Pennsylvania, and at the Pentagon (including the aftermath of such attacks).

To direct the Librarian of Congress to carry out a project to collect video and audio recordings of personal histories and testimonials of emergency responders and recovery and cleanup workers who responded to the September 11, 2001 terrorist attacks.

SECTION 1. EXPENSING OF CAPITAL COSTS INCURRED IN COMPLYING WITH ENVIRONMENTAL PROTECTION AGENCY SULFUR REGULATIONS. (a) In General.--Section 179(b) of the Internal Revenue Code of 1986 (relating to election to expense certain depreciable business assets) is amended by adding at the end the following new paragraph: ``(5) Limitation for small business refiners.-- ``(A) In general.--In the case of a small business refiner electing to expense qualified costs, in lieu of the dollar limitations in paragraph (1), the limitation on the aggregate costs which may be taken into account under subsection (a) for any taxable year shall not exceed 75 percent of the qualified costs. ``(B) Qualified costs.--For purposes of this paragraph, the term `qualified costs' means costs paid or incurred by a small business refiner for the purpose of complying with the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency. ``(C) Small business refiner.--For purposes of this paragraph, the term `small business refiner' means, with respect to any taxable year, a refiner which, within the refining operations of the business, employs not more than 1,500 employees on business days during such taxable year and has less than 155,000 barrels per day total capacity.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. ENVIRONMENTAL TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. ENVIRONMENTAL TAX CREDIT. ``(a) In General.--For purposes of section 38, the amount of the environmental tax credit determined under this section with respect to any small business refiner for any taxable year is an amount equal to 5 cents for every gallon of 15 parts per million or less sulfur diesel produced at a facility by such small business refiner. ``(b) Maximum Credit.--For any small business refiner, the aggregate amount allowable as a credit under subsection (a) for any taxable year with respect to any facility shall not exceed 25 percent of the qualified capital costs incurred by such small business refiner with respect to such facility not taken into account in determining the credit under subsection (a) for any preceding taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Small business refiner.--The term `small business refiner' means, with respect to any taxable year, a refiner which, within the refining operations of the business, employs not more than 1,500 employees on business days during such taxable year and has less than 155,000 barrels per day total capacity. ``(2) Qualified capital costs.--The term `qualified capital costs' means, with respect to any facility, those costs paid or incurred during the applicable period for compliance with the applicable EPA regulations with respect to such facility, including expenditures for the construction of new process operation units or the dismantling and reconstruction of existing process units to be used in the production of 15 parts per million or less sulfur diesel fuel, associated adjacent or offsite equipment (including tankage, catalyst, and power supply), engineering, construction period interest, and sitework. ``(3) Applicable epa regulations.--The term `applicable EPA regulations' means the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency. ``(4) Applicable period.--The term `applicable period' means, with respect to any facility, the period beginning with the date of the enactment of this section and ending with the date which is one year after the date on which the taxpayer must comply with the applicable EPA regulations with respect to such facility. ``(d) Reduction in Basis.--For purposes of this subtitle, if a credit is determined under this section with respect to any property by reason of qualified capital costs, the basis of such property shall be reduced by the amount of the credit so determined. ``(e) Certification.-- ``(1) Required.--Not later than the date which is 30 months after the first day of the first taxable year in which the environmental tax credit is allowed with respect to a facility, the small business refiner must obtain certification from the Secretary, in consultation with the Administrator of the Environmental Protection Agency, that the taxpayer's qualified capital costs with respect to such facility will result in compliance with the applicable EPA regulations. ``(2) Contents of application.--An application for certification shall include relevant information regarding unit capacities and operating characteristics sufficient for the Secretary, in consultation with the Administrator of the Environmental Protection Agency, to determine that such qualified capital costs are necessary for compliance with the applicable EPA regulations. ``(3) Review period.--Any application shall be reviewed and notice of certification, if applicable, shall be made within 60 days of receipt of such application. ``(4) Recapture.--Notwithstanding subsection (f), failure to obtain certification under paragraph (1) constitutes a recapture event under subsection (f) with an applicable percentage of 100 percent. ``(f) Recapture of Environmental Tax Credit.-- ``(1) In general.--Except as provided in subsection (e), if, as of the close of any taxable year, there is a recapture event with respect to any facility of the small business refiner, then the tax of such refiner under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified capital costs of the taxpayer described in subsection (c)(2) with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs in: percentage is: Year 1............................... 100 Year 2............................... 80 Year 3............................... 60 Year 4............................... 40 Year 5............................... 20 Years 6 and thereafter............... 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified capital costs with respect to a facility described in subsection (c)(2) are paid or incurred by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Failure to comply.--The failure by the small business refiner to meet the applicable EPA regulations within the applicable period with respect to the facility. ``(B) Cessation of operation.--The cessation of the operation of the facility as a facility which produces 15 parts per million or less sulfur diesel after the applicable period. ``(C) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a small business refiner's interest in the facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(g) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of a small business refiner, the environmental tax credit determined under section 45G(a).''. (c) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(d) Environmental Tax Credit.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45G(a).''. (d) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for environmental tax credit.-- ``(A) In general.--In the case of the environmental tax credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the environmental tax credit). ``(B) Environmental tax credit.--For purposes of this subsection, the term `environmental tax credit means the credit allowable under subsection (a) by reason of section 45G.''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the environmental tax credit'' after ``employment credit''. (e) Basis Adjustment.--Section 1016(a) of the Internal Revenue Code of 1986 (relating to adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a facility with respect to which a credit was allowed under section 45G, to the extent provided in section 45G(d).''. (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45G. Environmental tax credit.''. (g) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act.

Amends the Internal Revenue Code to permit a small business refiner: (1) to expense a portion of the costs of complying with the Highway Diesel Fuel Sulfur Control Requirements of the Environmental Protection Agency; and (2) a limited tax credit for every gallon of 15 parts per million or less sulfur diesel produced at a facility by such small business refiner.

To amend the Internal Revenue Code of 1986 to assist small business refiners in complying with Environmental Protection Agency sulfur regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stealth Lobbyist Disclosure Act of 2007''. SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND ASSOCIATIONS. (a) In General.--Paragraph (2) of section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended to read as follows: ``(2) Client.-- ``(A) In general.--The term `client' means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. ``(B) Treatment of coalitions and associations.-- ``(i) In general.--Except as provided in clauses (ii) and (iii), in the case of a coalition or association that employs or retains other persons to conduct lobbying activities, each of the individual members of the coalition or association (and not the coalition or association) is the client. For purposes of section 4(a)(3), the preceding sentence shall not apply, and the coalition or association shall be treated as the client. ``(ii) Exception for certain tax-exempt associations.--In case of an association-- ``(I) which is described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or ``(II) which is described in any other paragraph of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code and which has substantial exempt activities other than lobbying with respect to the specific issue for which it engaged the person filing the registration statement under section 4, the association (and not its members) shall be treated as the client. ``(iii) Exception for certain members.-- ``(I) In general.--Information on a member of a coalition or association need not be included in any registration under section 4 if the amount reasonably expected to be contributed by such member toward the activities of the coalition or association of influencing legislation is less than $1,000 per any quarterly period. ``(II) Exception.--In any case in which information on a member of a coalition or association is not included in a registration by reason of subclause (I) and that member thereafter makes aggregate contributions of more than $1,000 in any quarterly period, the date on which the aggregate of such contributions first exceeds $1,000 in such period shall be treated as the date of first employment or retention to make a lobbying contact for purposes of section 4, and the coalition or association shall amend its registration under section 4 to include the information on the member. ``(iv) Look-thru rules.--In the case of a coalition or association that is treated as a client under the first sentence of clause (i)-- ``(I) such coalition or association shall be treated as employing or retaining other persons to conduct lobbying activities for purposes of determining whether any individual member thereof is treated as a client under clause (i); and ``(II) information on such coalition or association need not be included in any registration under section 4 of the coalition or association with respect to which it is treated as a client under clause (i).''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to-- (A) coalitions and associations listed on registration statements filed under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) on or after the date of the enactment of this Act; and (B) coalitions and associations for whom any lobbying contact is made on or after the date of the enactment of this Act. (2) Special rule.--In the case of any coalition or association to which the amendments made by this Act apply by reason of paragraph (1)(B), the person required by such section 4 to file a registration statement with respect to such coalition or association shall file a new registration statement within 30 days after the date of the enactment of this Act. SEC. 3. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS. (a) Quarterly Filing Required.--Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) in subsection (a)-- (A) by striking ``Semiannual'' and inserting ``Quarterly''; (B) by striking ``the semiannual period'' and all that follows through ``July of each year'' and insert ``the quarterly period beginning on the first days of January, April, July, and October of each year''; and (C) by striking ``such semiannual period'' and insert ``such quarterly period''; and (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``semiannual report'' and inserting ``quarterly report''; (B) in paragraph (2), by striking ``semiannual filing period'' and inserting ``quarterly period''; (C) in paragraph (3), by striking ``semiannual period'' and inserting ``quarterly period''; and (D) in paragraph (4), by striking ``semiannual filing period'' and inserting ``quarterly period''. (b) Conforming Amendments.-- (1) Definition.--Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended by striking ``six month period'' and inserting ``three-month period''. (2) Registration.--Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended-- (A) in subsection (a)(3)(A), by striking ``semiannual period'' and inserting ``quarterly period''; and (B) in subsection (b)(3)(A), by striking ``semiannual period'' and inserting ``quarterly period''. (3) Enforcement.--Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by striking ``semiannual period'' and inserting ``quarterly period''. (4) Estimates.--Section 15 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1610) is amended-- (A) in subsection (a)(1), by striking ``semiannual period'' and inserting ``quarterly period''; and (B) in subsection (b)(1), by striking ``semiannual period'' and inserting ``quarterly period''. (5) Dollar amounts.-- (A) Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended-- (i) in subsection (a)(3)(A)(i), by striking ``$5,000'' and inserting ``$2,500''; (ii) in subsection (a)(3)(A)(ii), by striking ``$20,000'' and inserting ``$10,000''; (iii) in subsection (b)(3)(A), by striking ``$10,000'' and inserting ``$5,000''; and (iv) in subsection (b)(4), by striking ``$10,000'' and inserting ``$5,000''. (B) Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (i) in subsection (c)(1), by striking ``$10,000'' and ``$20,000'' and inserting ``$5,000'' and ``$10,000'', respectively; and (ii) in subsection (c)(2), by striking ``$10,000'' both places such term appears and inserting ``$5,000''.

Stealth Lobbyist Disclosure Act of 2007 - Amends the Lobbying Disclosure Act of 1995 to redefine the term "client" with respect to coalitions and associations on whose behalf a lobbyist must file a registration. Provides that, in the case of a coalition or association that employs or retains other persons to conduct lobbying activities, each of the individual members of the coalition or association, and not the coalition or association itself as under current law, is the client for whom a registration must be filed. Exempts from such registration requirement any individual member of a coalition or association if the amount such member is reasonably expected to contribute toward specific legislation-influencing activities of the coalition or association is less than $1,000 per any quarterly period. Requires quarterly instead of semiannual filing of lobbying disclosures reports. Lowers the dollar thresholds of contributions toward lobbying activities that trigger the requirement to register as a lobbyist.

To amend the Lobbying Disclosure Act of 1995 to require certain coalitions and associations to disclose their lobbying activities, and to require reporting on a quarterly basis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Students and Taxpayers Act of 2015'' or ``POST Act of 2015''. SEC. 2. 85/15 RULE. (a) In General.--Section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' after the semicolon; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(F) meets the requirements of paragraph (2).''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) Revenue sources.-- ``(A) In general.--In order to qualify as a proprietary institution of higher education under this subsection, an institution shall derive not less than 15 percent of the institution's revenues from sources other than Federal funds, as calculated in accordance with subparagraphs (B) and (C). ``(B) Federal funds.--In this paragraph, the term `Federal funds' means any Federal financial assistance provided, under this Act or any other Federal law, through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution, including Federal financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution, except that such term shall not include any monthly housing stipend provided under the Post-9/ 11 Veterans Educational Assistance Program under chapter 33 of title 38, United States Code. ``(C) Implementation of non-federal revenue requirement.--In making calculations under subparagraph (A), an institution of higher education shall-- ``(i) use the cash basis of accounting; ``(ii) consider as revenue only those funds generated by the institution from-- ``(I) tuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under title IV; ``(II) activities conducted by the institution that are necessary for the education and training of the institution's students, if such activities are-- ``(aa) conducted on campus or at a facility under the control of the institution; ``(bb) performed under the supervision of a member of the institution's faculty; and ``(cc) required to be performed by all students in a specific educational program at the institution; and ``(III) a contractual arrangement with a Federal agency for the purpose of providing job training to low-income individuals who are in need of such training; ``(iii) presume that any Federal funds that are disbursed or delivered to an institution on behalf of a student or directly to a student will be used to pay the student's tuition, fees, or other institutional charges, regardless of whether the institution credits such funds to the student's account or pays such funds directly to the student, except to the extent that the student's tuition, fees, or other institutional charges are satisfied by-- ``(I) grant funds provided by an outside source that-- ``(aa) has no affiliation with the institution; and ``(bb) shares no employees with the institution; and ``(II) institutional scholarships described in clause (v); ``(iv) include no loans made by an institution of higher education as revenue to the school, except for payments made by students on such loans; ``(v) include a scholarship provided by the institution-- ``(I) only if the scholarship is in the form of monetary aid based upon the academic achievements or financial need of students, disbursed to qualified student recipients during each fiscal year from an established restricted account; and ``(II) only to the extent that funds in that account represent designated funds, or income earned on such funds, from an outside source that-- ``(aa) has no affiliation with the institution; and ``(bb) shares no employees with the institution; and ``(vi) exclude from revenues-- ``(I) the amount of funds the institution received under part C of title IV, unless the institution used those funds to pay a student's institutional charges; ``(II) the amount of funds the institution received under subpart 4 of part A of title IV; ``(III) the amount of funds provided by the institution as matching funds for any Federal program; ``(IV) the amount of Federal funds provided to the institution to pay institutional charges for a student that were refunded or returned; and ``(V) the amount charged for books, supplies, and equipment, unless the institution includes that amount as tuition, fees, or other institutional charges. ``(D) Report to congress.--Not later than July 1, 2016, and by July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under title IV and as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of section 487(c)-- ``(i) the amount and percentage of such institution's revenues received from Federal funds; and ``(ii) the amount and percentage of such institution's revenues received from other sources.''. (b) Repeal of Existing Requirements.--Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended-- (1) in subsection (a)-- (A) by striking paragraph (24); (B) by redesignating paragraphs (25) through (29) as paragraphs (24) through (28), respectively; (C) in paragraph (24)(A)(ii) (as redesignated by subparagraph (B)), by striking ``subsection (e)'' and inserting ``subsection (d)''; and (D) in paragraph (26) (as redesignated by subparagraph (B)), by striking ``subsection (h)'' and inserting ``subsection (g)''; (2) by striking subsection (d); (3) by redesignating subsections (e) through (j) as subsections (d) through (i), respectively; (4) in subsection (f)(1) (as redesignated by paragraph (3)), by striking ``subsection (e)(2)'' and inserting ``subsection (d)(2)''; and (5) in subsection (g)(1) (as redesignated by paragraph (3)), by striking ``subsection (a)(27)'' in the matter preceding subparagraph (A) and inserting ``subsection (a)(26)''. (c) Conforming Amendments.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 152 (20 U.S.C. 1019a)-- (A) in subsection (a)(1)(A), by striking ``subsections (a)(27) and (h) of section 487'' and inserting ``subsections (a)(26) and (g) of section 487''; and (B) in subsection (b)(1)(B)(i)(I), by striking ``section 487(e)'' and inserting ``section 487(d)''; (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by striking ``section 487(a)(25)'' each place the term appears and inserting ``section 487(a)(24)''; (3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by striking ``section 487(f)'' and inserting ``section 487(e)''; and (4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by striking ``section 487(f)'' and inserting ``section 487(e)''.

Protecting Our Students and Taxpayers Act of 2015 or the POST Act of 2015 This bill amends the Higher Education Act of 1965 (HEA) to modify requirements for a proprietary (i.e., for-profit) institution of higher education (IHE) to participate in title IV (Student Assistance) federal student aid programs. Current law requires a proprietary IHE to derive at least 10% of its revenue from sources other than title IV federal student aid. This legislation requires a proprietary IHE to derive at least 15% of its revenue from sources other than federal funds (i.e., it replaces the so-called 90/10 rule with an 85/15 rule). It defines federal funds to mean title IV federal student aid, as well as education benefits for military personnel and veterans. Additionally, the bill limits what a proprietary institution may treat as revenue to the school in calculating whether it derives at least 15% of its revenue from sources other than federal funds. Finally, the bill moves the 85/15 rule from title IV to title I (General Provisions) of the HEA, making compliance a condition of institutional eligibility to participate in title IV federal student aid programs (i.e., failure to comply results in immediate loss of institutional eligibility). Currently, a proprietary IHE must violate the rule for two consecutive years before losing eligibility for title IV programs.

POST Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's History Museum Act of 2011''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) CERCLA.--The term ``CERCLA'' means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (3) Committees.--The term ``Committees'' means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum.--The term ``Museum'' means the National Women's History Museum, Inc., a District of Columbia nonprofit corporation exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. (5) Property.--The term ``Property'' means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326. The Property is generally bounded by 12th Street, Independence Avenue, C Street, and the James Forrestal Building, all in Southwest Washington, District of Columbia, and shall include all associated air rights, improvements thereon, and appurtenances thereto. SEC. 3. CONVEYANCE OF PROPERTY. (a) Authority To Convey.-- (1) In general.--Subject to the requirements of this Act, the Administrator shall convey the Property to the Museum, on such terms and conditions as the Administrator considers reasonable and appropriate to protect the interests of the United States and further the purposes of this Act. (2) Agreement.--As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions.--The terms and conditions of the agreement shall address, among other things, mitigation of developmental impacts to existing Federal buildings and structures, security concerns, and operational protocols for development and use of the property. (b) Purchase Price.-- (1) In general.--The purchase price for the Property shall be its fair market value based on its highest and best use as determined by an independent appraisal commissioned by the Administrator and paid for by the Museum. (2) Selection of appraiser.--The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal.-- (A) In general.--Except as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal assignment shall be mutually acceptable to the Administrator and the Museum. (B) Required terms.--The appraisal shall assume that the Property does not contain hazardous substances (as defined in section 101 of CERCLA (42 U.S.C. 9601)) which require response action (as defined in such section). (c) Application of Proceeds.--The purchase price shall be paid into the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the Administrator may expend, in amounts specified in authorizations and appropriations acts, the proceeds from the conveyance for any lawful purpose consistent with existing authorities granted to the Administrator. (d) Quit Claim Deed.--The Property shall be conveyed pursuant to a quit claim deed. (e) Use Restriction.--The Property shall be dedicated for use as a site for a national women's history museum for the 99-year period beginning on the date of conveyance to the Museum. (f) Funding Restriction.--No Federal funds shall be made available to the Museum for the purchase of the Property or the design and construction of any facility on the Property. (g) Reversion.-- (1) Bases for reversion.--The Property shall revert to the United States, at the option of the United States, without any obligation for repayment by the United States of any amount of the purchase price for the property, if-- (A) the Property is not used as a site for a national women's history museum at any time during the 99-year period referred to in subsection (e); or (B) the Museum has not commenced construction of a museum facility on the Property in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement.--The Administrator may perform any acts necessary to enforce the reversionary rights provided in this section. (3) Custody of property upon reversion.--If the Property reverts to the United States pursuant to this section, such property shall be under the custody and control of the Administrator. (h) Closing.--The conveyance pursuant to this Act shall occur not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 4(a). SEC. 4. ENVIRONMENTAL MATTERS. (a) Authorization To Contract for Environmental Response Actions.-- The Administrator is authorized to contract with the Museum or an affiliate thereof for the performance (on behalf of the Administrator) of response actions on the Property. (b) Crediting of Response Costs.--Any costs incurred by the Museum or an affiliate thereof pursuant to subsection (a) shall be credited to the purchase price for the Property. (c) No Effect on Compliance With Environmental Laws.--Nothing in this Act, or any amendment made by this Act, affects or limits the application of or obligation to comply with any environmental law, including section 120(h) of CERCLA (42 U.S.C. 9620(h)). SEC. 5. INCIDENTAL COSTS. Subject to section 4, the Museum shall bear any and all costs associated with complying with the provisions of this Act, including studies and reports, surveys, relocating tenants, and mitigating impacts to existing Federal buildings and structures resulting directly from the development of the property by the Museum. SEC. 6. LAND USE APPROVALS. (a) Existing Authorities.--Nothing in this Act shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation.-- (1) Zoning and land use.--Subject to paragraph (2), the Administrator shall reasonably cooperate with the Museum with respect to any zoning or other land use matter relating to development of the Property in accordance with this Act. Such cooperation shall include consenting to applications by the Museum for applicable zoning and permitting with respect to the property. (2) Limitations.--The Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this Act. SEC. 7. REPORTS. Not later than 1 year after the date of enactment of this Act, and annually thereafter until the end of the 5-year period following conveyance of the Property or until substantial completion of the museum facility (whichever is later), the Museum shall submit annual reports to the Administrator and the Committees detailing the development and construction activities of the Museum with respect to this Act.

National Women's History Museum Act of 2011 - Directs the Administrator of General Services (GSA) to convey, by quitclaim deed, to the National Women's History Museum, Inc. (the Museum) specified property in the District of Columbia, on terms which the Administrator deems appropriate. Requires the purchase price for the property to be: (1) its market value based on its highest and best use, as determined by an independent appraisal; and (2) paid into the Federal Buildings Fund. Requires the property to be dedicated for use as a site for a national women's history museum for a 99-year period. Provides for the reversion of the property to the United States without any obligation for repayment of any amount of the purchase price if: (1) it is not used as a site for a national women's history museum during the 99-year period, and (2) the Museum has not commenced construction of a museum facility on such property in a 5-year period other than for reasons beyond the Museum's control.

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

SECTION 1. SECTION 102(g) OF PUBLIC LAW 103-236. Section 102(g) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) by inserting ``for the United Nations and its affiliated agencies in'' before ```Contributions for International Organizations'''; (2) by striking ``reduced'' and inserting ``withheld''; (3) by striking ``each of the fiscal years 1994 and'' and inserting ``fiscal year''; (4) by striking ``unless'' and inserting ``until''; (5) by inserting ``, to the best of his knowledge,'' after ``that''; (6) by striking ``States'' and inserting ``nations''; and (7) by striking the comma after ``promotes'' and inserting ``and''. SEC. 2. SECTION 121 OF PUBLIC LAW 103-236. Section 121 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (d)(1)-- (1) by striking ``and the Director of the United States Information Agency'' and inserting ``, the Director of the United States Information Agency or the Administrator of the Agency for International Development''; and (2) by striking ``or the United States Information Agency'' and inserting ``, the United States Information Agency or the Agency for International Development''. SEC. 3. SECTION 123 OF PUBLIC LAW 103-236. Section 38 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710, as recently amended by section 123 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236)) is amended in subsection (c) by inserting ``personal and'' before ``other support services''. SEC. 4. SECTION 127 OF PUBLIC LAW 103-236. The Act entitled ``An Act to regulate the issue and validity of passports, and for other purposes'', approved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a, as recently amended by section 127(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995) is amended-- (1) by inserting ``such'' before ``other employees''; and (2) by striking the comma after ``United States''. SEC. 5. SECTION 129(b) OF PUBLIC LAW 103-236. Section 129 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b) by striking ``of'' after ``attendance'' and inserting ``at''. SEC. 6. SECTION 139 OF PUBLIC LAW 103-236. Section 139 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) in subsection (20) by striking ``2349aa'' and inserting ``4858(b)''; (2) by striking subsection (25); and (3) by redesignating subsections (26) and (27) as subsections (25) and (26) respectively. SEC. 7. SECTION 140(c) OF PUBLIC LAW 103-236. Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (2) of subsection (c) by striking ``serious loss of life or property'' and inserting ``serious injury, loss of life, or significant destruction of property''. SEC. 8. SECTION 142(a) OF PUBLIC LAW 103-236. Section 142 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) in paragraph (2) of subsection (a) by striking the comma after ``not''; and (2) in paragraph (3) of subsection (a) by inserting a comma after ``because''. SEC. 9. SECTION 161(a) OF PUBLIC LAW 103-236. Section 1 of the State Department Basic Authorities Act of 1956 (as recently amended by section 161(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236)) is amended in paragraph (2) of subsection (a) by inserting ``and the Deputy Secretary of State'' after ``Secretary''. SEC. 10. SECTION 161(b) OF PUBLIC LAW 103-236. Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b) by striking ``133'' and inserting ``162''. SEC. 11. SECTION 161(f)(2) OF PUBLIC LAW 103-236. Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (2) of subsection (f)-- (1) by striking ``the principal duty of negotiations for''; (2) in clause (A) by striking ``Increased'' and inserting ``The principal duty of negotiating increased''; and (3) in clause (B) by striking ``Recoupment'' and inserting ``In consultation with the Department of Defense, assist in negotiations with the host governments for the recoupment''. SEC. 12. SECTION 162(g) OF PUBLIC LAW 103-236. The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (as recently amended by section 162(g) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236)) is amended-- (1) in subsection 103(a)(2) by striking ``operations'' and inserting ``operation''; and (2) by redesignating sections 106 and 107 as sections 104 and 105 respectively. SEC. 13. SECTION 162(q) OF PUBLIC LAW 103-236. Section 162 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (q) by striking ``2655'' and inserting ``2655a''. SEC. 14. SECTION 179 OF PUBLIC LAW 103-236. Section 179 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b) by striking ``individual holding a career or career candidate appointment'' and inserting ``individuals holding career or career candidate appointments''. SEC. 15. SECTION 180(a) OF PUBLIC LAW 103-236. The Foreign Service Act of 1980 (as recently amended by section 180(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995) is amended-- (1) in section 311-- (A) by striking the title of the section and inserting ``United States Citizens Hired Abroad.''; and (B) in subsection (d) by inserting ``by reason of such employment'' after ``eligible''. (2) in section 610(a)(2) by inserting ``(other than a United States citizen employed under section 311 who is not a family member of a United States government employee assigned abroad)'' after ``A member of the Service''. SEC. 16. SECTION 181(c) OF PUBLIC LAW 103-236. Section 181 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (c) by striking the ``)'' after ``system'' and inserting ``)'' after ``that agency''. SEC. 17. SECTION 182(a) OF PUBLIC LAW 103-236. Section 182 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a) by striking ``has'' and inserting ``have''. SEC. 18. SECTION 409(d) OF PUBLIC LAW 103-236. Section 409 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by striking subsection (d). SEC. 19. SECTION 506 OF PUBLIC LAW 103-236. Part 1 of title 18, United States Code (as recently amended by section 506 of (Public Law 103-236) is amended in paragraph (1) of section 2340 (relating to the definition of torture) by striking ``with'' and inserting ``within his''. SEC. 20. SECTION 564 OF PUBLIC LAW 103-236. Section 564 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a) by striking ``primary or secondary'' and inserting ``secondary or tertiary''. SEC. 21. EXTENSION OF PILOT VISA WAIVER PROGRAM. Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended in subsection (f) by striking ``1994'' and inserting ``1995''. SEC. 22. TRANSFER OF FUNDS. The Secretary of State is authorized to transfer from the Department of State's ``Diplomatic and Consular Programs'' appropriation up to $2,500,000 of the amount appropriated in Title XI, Chapter 2 of the Dire Emergency Supplemental Appropriations Act, 1992, Including Disaster Assistance to Meet the Present Emergencies Arising From the Consequences of Hurricane Andrew, Typhoon Omar, Hurricane Iniki, and Other Natural Disasters, and Additional Assistance to Distressed Communities (Public Law 102-368) to appropriations available to the General Services Administration which shall be obligated and expended by that agency for the purchase of real property for use by the Department of State for its Miami Regional Center, and shall be available for the same time period as the appropriation from which transferred. SEC. 23. SECTION 315 OF PUBLIC LAW 103-236. (a) Section 315 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended-- (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b) respectively. (b) Section 503 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1463) is hereby expressly revived. SEC. 24. USIA RESTRUCTURING--AMENDMENT TO FULBRIGHT-HAYS ACT. Section 112 of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2460), is amended-- (1) in subsection (a) by-- (A) striking ``The Bureau'' at the beginning of the second sentence and inserting ``Except as provided in subsection (f), the Bureau''; (B) striking paragraph (4); and (C) renumbering paragraphs (5) through (9) as (4) through (8), respectively; and (2) by inserting the following new subsection at the end: ``(f) The American Cultural Centers and Libraries Program and the Academic Specialists Program, which are established pursuant to this Act, shall be managed, coordinated, and overseen by the Bureau of Information in the United States Information Agency.''. SEC. 25. APPROPRIATIONS AUTHORITIES. Subsection (f) of section 701 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1476 (f)) is amended-- (1) in paragraph (1)-- (A) by striking ``the second'' and inserting ``either''; and (B) by striking ``such second'' and inserting ``such''; and (2) by striking paragraph 4.

Makes technical corrections to the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. Amends the Foreign Service Act of 1980 to exclude certain U.S. citizens hired at posts abroad who are not family members of U.S. Government employees from coverage under Foreign Service grievance provisions. Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary (currently, primary or secondary) Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice. Amends the Immigration and Nationality Act to extend the pilot visa waiver program through FY 1995. Authorizes the Secretary of State to transfer a specified amount from the Department of State's Diplomatic and Consular Programs appropriation to appropriations available to the General Services Administration for the purchase of real property for use by the Department of State for its Miami Regional Center. Revives provisions of the United States Information and Educational Exchange Act of 1948 regarding Voice of America.

To make technical corrections to the Foreign Relations Authorization Act for Fiscal Years 1994 and 1995 (P.L. 103-236).

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Trust Fund Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) war is inherently unpredictable, and the true cost of health care related to conflicts is often not fully understood until several decades later; (2) an independent estimate from Harvard University found that over the next 40-50 years, the costs related to health care and disability compensation for the wars in Iraq and Afghanistan will exceed $970 billion; (3) this is evidenced by the growing treatment costs for conditions related to Agent Orange exposure in Vietnam Veterans, Gulf War Syndrome in Gulf War Veterans, and conditions related to burn pit exposure in Iraq and Afghanistan Veterans; and (4) taking steps to address these costs now ensures that Congress fully accounts for these costs when considering the use of military force and that our Nation is better postured to address the long-term and unforeseen health care needs of its veterans. SEC. 3. WAR TRUST FUNDS. (a) In General.--Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 119. War trust funds ``(a) Establishment.--Upon the commencement of any war, the Secretary shall establish in the General Fund of the Treasury a trust fund to be named for that war. Amounts collected pursuant to section 59A of the Internal Revenue Code of 1986 by reason of the occurrence of that war shall be deposited into the fund. ``(b) Use of Funds.--Amounts available in a trust fund established under subsection (a) for a war may be used by the Secretary to provide for the following for veterans who serve on active duty in the Armed Forces during that war: ``(1) Hospital care and medical services. ``(2) Payments of disability compensation under the laws administered by the Secretary. ``(3) Other programs and benefits under the laws administered by the Secretary that the Secretary determines are directly related to the health care of such veterans. ``(c) Concurrent Wars.--If more than one war occurs concurrently, the Secretary shall establish a separate trust fund under subsection (a) for each such war. ``(d) Reports.--(1) Not later than 30 days after the Secretary first makes a withdrawal from a trust fund established under this section, and every 30 days thereafter until the Secretary makes the final withdrawal from the fund, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives a report describing the intended use of the amounts withdrawn from the fund during the period covered by the report. ``(2) For any fiscal year during which the Secretary makes a withdrawal from a fund established under this section, the Comptroller General of the United States shall conduct an audit of the consolidated financial statements relating to the fund, as prepared by the Department of the Treasury. Not later than 30 days after the last day of such a fiscal year, the Comptroller General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives a report containing the results of the audit. ``(e) War Defined.--In this section, the term `war' means any use of the Armed Forces pursuant to any of the following: ``(1) A war conducted pursuant to a declaration of war by Congress. ``(2) The War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et seq.). ``(3) The Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note). ``(4) Any other authorization for use of military force enacted on or after the date of the enactment of this Act.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``119. War trust funds.''. SEC. 4. WAR TAX. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part VI the following new part: ``PART VII--WAR TAX ``Sec. 59A. War tax. ``SEC. 59A. WAR TAX. ``(a) In General.--In the case of a covered individual, there is hereby imposed (in addition to any other tax imposed by this subtitle) with respect to each war occurring at any time during the taxable year a tax determined under the following table: ``If adjusted gross income of the taxpayer is: The tax is: Less than $30,000...................................... $25 At least $30,000 but less than $40,000................. $57 At least $40,000 but less than $50,000................. $98 At least $50,000 but less than $75,000................. $164 At least $75,000 but less than $100,000................ $270 At least $100,000 but less than $200,000............... $485 At least $200,000...................................... $1,000. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) War.--The term `war' means any use of the Armed Forces pursuant to any of the following: ``(A) A war conducted pursuant to a declaration of war by Congress. ``(B) The War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et seq.). ``(C) The Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note). ``(D) Any other authorization for use of military force enacted on or after the date of the enactment of this Act. ``(2) Covered individual.--The term `covered individual' means any individual who has not served on active duty in the Armed Forces of the United States. ``(3) Enumeration of wars.--The Secretary shall in forms and guidance enumerate each war with respect to which a tax is imposed by subsection (a) for any taxable year. ``(c) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (b) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VI the following new item: ``Part VII--War Tax''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

Veterans Health Care Trust Fund Act This bill requires the Department of Veterans Affairs (VA), upon the commencement of any war, to establish a trust fund to be named for that war. Amounts collected pursuant to a war tax (required by this bill) shall be deposited into such fund and may be used by the VA to provide for veterans who serve on active duty during that war programs and benefits directly related to their health care. For any fiscal year during which the VA makes a withdrawal from such a fund, the Government Accountability Office shall conduct an audit of the consolidated financial statements relating to the fund. The bill amends the Internal Revenue Code to provide for the imposition upon individuals who have not served on active duty in the Armed Forces of a graduated income tax with respect to each war occurring at any time during the taxable year.

Veterans Health Care Trust Fund Act

SECTION 1. SILVER SCHOLARSHIP PROGRAMS. (a) In General.--Subtitle H of title I of the National and Community Service Act of 1990 (42 U.S.C. 12653 et seq.), is amended by adding at the end the following: ``SEC. 198F. SILVER SCHOLARSHIP PROGRAMS. ``(a) Establishment.--The Corporation is authorized to award grants to eligible entities, to enable the entities to provide volunteers participating in service projects in accordance with this section with scholarships that may be used by the volunteers or by individuals designated by the volunteers. ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be a public agency or private nonprofit organization with experience in administering service programs (including the programs described in or administered under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5000 et seq.)). ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit to the Corporation an application at such time, in such manner, and containing such information as the Corporation may reasonably require. ``(d) Criteria and Priorities for Grants.--The Corporation shall establish criteria and priorities for awarding grants under this section. ``(e) Requirements for Scholarship.--An entity that receives a grant under subsection (a) shall use the funds made available through the grant to award a scholarship described in subsection (a) to recipients, each of whom-- ``(1) is, or has been designated for the scholarship by, a volunteer who-- ``(A) has performed not less than 500 hours of volunteer service, of a type specified by the Corporation under subsection (f)(1), during a 12-month period that is-- ``(i) after the volunteer at issue has attained age 55; and ``(ii) after the date of the enactment of this section; or ``(B) has performed not less than 250 hours but less than 500 hours of volunteer service of that type during such a 12-month period, based on compelling personal circumstances; and ``(2) has received, during the 5-year period preceding the date that the scholarship is awarded, fewer than 2 scholarships under this section. ``(f) Services, Criteria, and Priorities for Scholarships.--The Corporation shall-- ``(1) specify the types of volunteer service a volunteer may engage in to meet term of service requirements for a scholarship under this section, which shall include-- ``(A) tutoring or mentoring in a school, after- school program, or other community-based educational setting; and ``(B) assisting persons with special needs, including persons who are homebound, to continue living independently; and ``(2) establish criteria and priorities for eligible entities to use in awarding scholarships under this section. ``(g) Amount of Scholarship.--The entities shall award the scholarships-- ``(1) in an amount of not more than $1,000; or ``(2) in a amount that is prorated based on the individual's hours of service, for an individual who meets the requirements of subsection (e) with a term of service described in subsection (e)(2)(B). ``(h) Use of Scholarships.--A scholarship awarded under this section may be used-- ``(1) by the volunteer or the person designated by the volunteer, in accordance with subsection (e); ``(2) only for qualified tuition and related expenses, as defined in section 117 of the Internal Revenue Code of 1986, and only under such conditions as are set forth by the Corporation through regulation; and ``(3) not later than 20 years after the date of the award of the scholarship, to allow time for `an individual' designated under subsection (e)(1) to use the scholarship. ``(i) Authorization of Appropriations.--Of the funds appropriated to carry out this section-- ``(1) not more than 15 percent shall be used for administrative purposes by the Corporation; ``(2) not less than 50 percent shall be made available for grants under subsection (a) and used to award scholarships to volunteers who have met the term of service requirements for the scholarships by providing tutoring or mentoring described in subsection (f)(1)(A); ``(3) not less than 10 percent shall be made available for such grants and used to award scholarships to volunteers who have met the requirements by providing assistance described in subsection (f)(1)(B); and ``(4) not more than 10 percent shall be made available for such grants and used for administrative purposes by the eligible entities receiving the grants.''. (b) Authorization of Appropriations.--Section 501(a)(2), as amended by section 202(b) of this Act, is further amended-- (1) by striking ``section 198E'' each place it appears and inserting ``sections 198E and 198F''; and (2) by adding at the end the following: ``(D) Silver scholarship program.--There are authorized to be appropriated to carry out section 198F, $20,000,000 for the first fiscal year beginning after the date of the enactment of section 198F and such sums as are necessary for each fiscal year thereafter.''. (c) Table of Contents.--The table of contents of the Act is further amended in the items relating to subtitle H of title I, by adding at the end the following: ``Sec. 198F. Silver scholarship programs.''.

Amends the National and Community Service Act of 1990 to authorize the Corporation for National and Community Service to award grants to public agencies or private nonprofit organizations experienced in administering service programs to provide Silver Scholarships to individuals who: (1) perform, over a 12-month period, at least 500 hours of volunteer service after attaining age 55; and (2) have received, during the five-year period preceding the award, fewer than two such scholarships. Allows the proration of such scholarships when an individual, due to compelling personal circumstances, cannot perform 500, but performs at least 250, hours of service within the 12-month period. Allows a scholarship recipient to designate another individual to use such scholarship.

To amend the National and Community Service Act of 1990 to establish the Silver Scholarship program to encourage increased volunteer work by seniors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Quality Report Card Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to expand hospital quality reporting by establishing the Hospital Quality Report Card Initiative under the Medicare program to ensure that hospital quality measures data are readily available and accessible in order to-- (1) assist patients and consumers in making decisions about where to get health care; (2) assist purchasers and insurers in making decisions that determine where employees, subscribers, members, or participants are able to go for their health care; (3) assist health care providers in identifying opportunities for quality improvement and cost containment; and (4) enhance the understanding of policy makers and public officials of health care issues, raise public awareness of hospital quality issues, and to help constituents of such policy makers and officials identify quality health care options. SEC. 3. HOSPITAL QUALITY REPORT CARD INITIATIVE. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``SEC. 1898. HOSPITAL QUALITY REPORT CARD INITIATIVE. ``(a) In General.--Not later than 18 months after the date of the enactment of the Hospital Quality Report Card Act of 2006, the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator') and in consultation with the Director of the Agency for Healthcare Research and Quality, shall, directly or through contracts with States, establish and implement a Hospital Quality Report Card Initiative (in this section referred to as the `Initiative') to report on health care quality in subsection (d) hospitals. ``(b) Subsection (d) Hospital.--For purposes of this section, the term `subsection (d) hospital' has the meaning given such term in section 1886(d)(1)(B). ``(c) Requirements of Initiative.-- ``(1) Quality measurement reports for hospitals.-- ``(A) Quality measures.--Not less than 2 times each year, the Secretary shall publish reports on hospital quality. Such reports shall include quality measures data submitted under section 1886(b)(3)(B)(viii), and other data as feasible, that allow for an assessment of health care-- ``(i) effectiveness; ``(ii) safety; ``(iii) timeliness; ``(iv) efficiency; ``(v) patient-centeredness; and ``(vi) equity. ``(B) Report card features.--In collecting and reporting data as provided for under subparagraph (A), the Secretary shall include hospital information, as possible, relating to-- ``(i) staffing levels of nurses and other health professionals, as appropriate; ``(ii) rates of nosocomial infections; ``(iii) the volume of various procedures performed; ``(iv) the availability of interpreter services on-site; ``(v) the accreditation of hospitals, as well as sanctions and other violations found by accreditation or State licensing boards; ``(vi) the quality of care for various patient populations, including pediatric populations and racial and ethnic minority populations; ``(vii) the availability of emergency rooms, intensive care units, obstetrical units, and burn units; ``(viii) the quality of care in various hospital settings, including inpatient, outpatient, emergency, maternity, and intensive care unit settings; ``(ix) the use of health information technology, telemedicine, and electronic medical records; ``(x) ongoing patient safety initiatives; and ``(xi) other measures determined appropriate by the Secretary. ``(C) Tailoring of hospital quality reports.--The Director of the Agency for Healthcare Research and Quality may modify and publish hospital reports to include quality measures for diseases and health conditions of particular relevance to certain regions, States, or local areas. ``(D) Risk adjustment.-- ``(i) In general.--In reporting data as provided for under subparagraph (A), the Secretary may risk adjust quality measures to account for differences relating to-- ``(I) the characteristics of the reporting hospital, such as licensed bed size, geography, teaching hospital status, and profit status; and ``(II) patient characteristics, such as health status, severity of illness, insurance status, and socioeconomic status. ``(ii) Availability of unadjusted data.--If the Secretary reports data under subparagraph (A) using risk-adjusted quality measures, the Secretary shall establish procedures for making the unadjusted data available to the public in a manner determined appropriate by the Secretary. ``(E) Costs.--The Secretary shall-- ``(i) compile data relating to the average hospital cost for ICD-9 conditions for which quality measures data are collected; and ``(ii) report such information in a manner that allows cost comparisons between or among subsection (d) hospitals. ``(F) Verification.--Under the Initiative, the Secretary may verify data reported under this paragraph to ensure accuracy and validity. ``(G) Disclosure.--The Secretary shall disclose the entire methodology for the reporting of data under this paragraph to all relevant organizations and all subsection (d) hospitals that are the subject of any such information that is to be made available to the public prior to the public disclosure of such information. ``(H) Public input.--The Secretary shall provide an opportunity for public review and comment with respect to the quality measures to be reported for subsection (d) hospitals under this section for at least 60 days prior to the finalization by the Secretary of the quality measures to be used for such hospitals. ``(I) Availability of reports and findings.-- ``(i) Electronic availability.--The Secretary shall ensure that reports are made available under this section in an electronic format, in an understandable manner with respect to various populations (including those with low functional health literacy), and in a manner that allows health care quality comparisons to be made between local hospitals. ``(ii) Findings.--The Secretary shall establish procedures for making report findings available to the public, upon request, in a non-electronic format, such as through the toll-free telephone number 1-800-MEDICARE. ``(J) Identification of methodology.--The analytic methodologies and limitations on data sources utilized by the Secretary to develop and disseminate the comparative data under this section shall be identified and acknowledged as part of the dissemination of such data, and include the appropriate and inappropriate uses of such data. ``(K) Adverse selection of patients.--On at least an annual basis, the Secretary shall compare quality measures data submitted by each subsection (d) hospital under section 1886(b)(3)(B)(viii) with data submitted in the prior year or years by the same hospital in order to identify and report actions that would lead to false or artificial improvements in the hospital's quality measurements, including-- ``(i) adverse selection against patients with severe illness or other factors that predispose patients to poor health outcomes; and ``(ii) provision of health care that does not meet established recommendations or accepted standards for care. ``(2) Data safeguards.-- ``(A) Unauthorized use and disclosure.--The Secretary shall develop and implement effective safeguards to protect against the unauthorized use or disclosure of hospital data that is reported under this section. ``(B) Inaccurate information.--The Secretary shall develop and implement effective safeguards to protect against the dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective hospital data. ``(C) Identifiable data.--The Secretary shall ensure that identifiable patient data shall not be released to the public. ``(d) Grants and Technical Assistance.--The Secretary may award grants to national or State organizations, partnerships, or other entities that may assist with hospital quality improvement. ``(e) Hospital Quality Advisory Committee.-- ``(1) Establishment.--The Administrator, in consultation with the Director of the Agency for Healthcare Research and Quality, shall establish the Hospital Quality Advisory Committee (in this subsection referred to as the `Advisory Committee') to provide advice to the Administrator on the submission, collection, and reporting of quality measures data. The Administrator shall serve as the chairperson of the Advisory Committee. ``(2) Membership.--The Advisory Committee shall include representatives of the following (except with respect to subparagraphs (A) through (D), to be appointed by the Administrator): ``(A) The Agency for Healthcare Research and Quality. ``(B) The Health Resources and Services Administration. ``(C) The Department of Veterans Affairs. ``(D) The Centers for Disease Control and Prevention. ``(E) National membership organizations that focus on health care quality improvement. ``(F) Public and private hospitals. ``(G) Physicians, nurses, and other health professionals. ``(H) Patients and patient advocates. ``(I) Health insurance purchasers and other payers. ``(J) Health researchers, policymakers, and other experts in the field of health care quality. ``(K) Health care accreditation entities. ``(L) Other agencies and groups as determined appropriate by the Administrator. ``(3) Duties.--The Advisory Committee shall review and provide guidance and recommendations to the Administrator on-- ``(A) the establishment of the Initiative; ``(B) integration and coordination of Federal quality measures data submission requirements, to avoid needless duplication and inefficiency; ``(C) legal and regulatory barriers that may hinder quality measures data collection and reporting; and ``(D) necessary technical and financial assistance to encourage quality measures data collection and reporting; ``(4) Staff and resources.--The Administrator shall provide the Advisory Committee with appropriate staff and resources for the functioning of the Advisory Committee. ``(5) Duration.--The Advisory Committee shall terminate at the discretion of the Administrator, but in no event later than 5 years after the date of enactment of this section. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2007 through 2016.''. (b) Conforming Amendment.--Section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)), as added by section 5001 of the Deficit Reduction Act of 2005, is amended to read as follows: ``(VII) The Secretary shall use the data submitted under this clause for the Hospital Quality Report Card Initiative under section 1898.''. SEC. 4. EVALUATION OF THE HOSPITAL QUALITY REPORT CARD INITIATIVE. (a) In General.--The Director of the Agency for Healthcare Research and Quality, directly or through contract, shall evaluate and periodically report to Congress on the effectiveness of the Hospital Quality Report Card Initiative established under section 1898 of the Social Security Act, as added by section 3, including the effectiveness of the Initiative in meeting the purpose described in section 2. The Director shall make such reports available to the public. (b) Research.--The Director of the Agency for Healthcare Research and Quality, in consultation with the Administrator of the Centers for Medicare & Medicaid Services, shall use the outcomes from the evaluation conducted pursuant to subsection (a) to increase the usefulness of the Hospital Quality Report Card Initiative, particularly for patients, as necessary.

Hospital Quality Report Card Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to establish a Hospital Quality Report Card Initiative under the Medicare program to report on health care quality in subsection (d) hospitals. Directs the Administrator to establish the Hospital Quality Advisory Committee to advise on the submission, collection, and reporting of quality measures data.

A bill to amend title XVIII of the Social Security Act to establish a Hospital Quality Report Card Initiative under the Medicare program to assess and report on health care quality in hospitals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and Minorities in STEM Booster Act of 2012''. SEC. 2. GRANT PROGRAM TO INCREASE THE PARTICIPATION OF WOMEN AND UNDERREPRESENTED MINORITIES IN STEM FIELDS. (a) Findings.--Congress finds the following: (1) One of the core missions of the National Science Foundation is ``to achieve excellence in U.S. science, technology, engineering and mathematics (STEM) education''. (2) According to the National Academy of Sciences, STEM education at the undergraduate level is vital to developing a workforce that will allow the United States to remain the leader in the 21st century global economy. (3) According to the National Academy of Sciences, in order to maintain scientific and engineering leadership amid increasing economic and educational globalization, the United States must aggressively pursue the innovative capacity of all people in the United States--women and men. (4) According to the August 2011 report ``Women in STEM: A Gender Gap to Innovation'', the Department of Commerce found the following: (A) ``According to the Census Bureau's 2009 American Community Survey (ACS), women comprise 48 percent of the U.S. workforce but just 24 percent of STEM workers.''. (B) ``[B]etween 2000 and 2009, women's share of the STEM workforce remained constant at 24 percent, while their share of all college-educated workers increased from 46 to 49 percent''. (C) ``The ACS data on undergraduate fields of study show that women account for nearly half of employed college graduates age 25 and over, but only about 25 percent of employed STEM degree holders and an even smaller share--just about 20 percent--of STEM degree holders working in STEM jobs.''. (5) In 2007, underrepresented minority groups comprised 33.2 percent of the college-age population of the United States, but only 17.7 percent of undergraduate students earning a baccalaureate degree in a STEM field. (6) The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to an approximate 33 percent and 42 percent 5-year completion rate for White and Asian students, respectively. (7) According to the National Action Council for Minorities in Engineering, Inc., no one race or ethnic category will be a majority by 2050, and as the United States works to remain competitive in the world of technological innovation, the United States should address the need to increase the number of individuals from underrepresented minority segments of the population who work in engineering. (b) Program Authorized.--The Director of the National Science Foundation, acting through the Education and Human Resources Directorate and not less than 1 research directorate of the National Science Foundation, shall award grants to eligible entities, on a competitive basis, to enable such eligible entities to carry out the activities described in subsection (e), in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics. (c) Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a department of science, technology, engineering, or mathematics at an institution of higher education, as defined under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (2) a consortium of departments described in paragraph (1); (3) a department or consortium described in this subsection, in partnership with a department, college, or school of education at such institution of higher education; or (4) a nonprofit organization, which may include-- (A) a nonprofit scientific or professional society or organization that represents one or more science or engineering disciplines; or (B) a nonprofit organization that has the primary mission of advancing the participation of underrepresented segments of the population in science and engineering. (d) Application.--Each eligible entity that desires to receive a grant under this section shall submit an application to the Director of the National Science Foundation at such time, in such manner, and containing such information as the Director of the National Science Foundation may reasonably require. (e) Authorized Activities.--An eligible entity that receives a grant under this section shall use such grant funds to carry out the following activities designed to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics: (1) Online workshops. (2) Mentoring programs that partner science, technology, engineering, or mathematics professionals with students. (3) Internships for undergraduate and graduate students in the fields of science, technology, engineering, and mathematics. (4) Conducting outreach programs that provide elementary school and secondary school students with opportunities to increase their exposure to the fields of science, technology, engineering, or mathematics. (5) Such additional programs as the Director of the National Science Foundation may determine. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2013, 2014, and 2015.

Women and Minorities in STEM Booster Act of 2012 - Requires the Director of the National Science Foundation (NSF), acting through the Human Resources Directorate and not less than one research directorate of the NSF, to award competitive grants to eligible entities to enable them to carry out the activities specified below in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics (STEM). Requires an eligible entity that receives a grant to use those grant funds to carry out the following activities designed to increase the participation of women and underrepresented minorities in STEM fields: (1) online workshops, (2) mentoring programs that partner STEM professionals with students, (3) internships for undergraduate and graduate students in STEM, and (4) conducting outreach programs providing elementary and secondary school students with opportunities to increase their exposure to STEM.

A bill to increase the participation of historically underrepresented demographic groups in science, technology, engineering, and mathematics education and industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Enhancement for Local Public Safety Retirees Act of 2005'' or the ``HELPS Retirees Act of 2005''. SEC. 2. DISTRIBUTIONS FROM GOVERNMENTAL RETIREMENT PLANS FOR HEALTH AND LONG-TERM CARE INSURANCE FOR PUBLIC SAFETY OFFICERS. (a) In General.--Section 402 of the Internal Revenue Code of 1986 (relating to taxability of beneficiary of employees' trust) is amended by adding at the end the following new subsection: ``(l) Distributions From Governmental Plans for Health and Long- Term Care Insurance.-- ``(1) In general.--In the case of an employee who is an eligible retired public safety officer who makes the election described in paragraph (6) with respect to any taxable year of such employee, gross income of such employee for such taxable year does not include any distribution from an eligible retirement plan to the extent that the aggregate amount of such distributions does not exceed the amount paid by such employee for qualified health insurance premiums of the employee, his spouse, or dependents (as defined in section 152) for such taxable year. ``(2) Limitation.--The amount which may be excluded from gross income for the taxable year by reason of paragraph (1) shall not exceed $5,000. ``(3) Distributions must otherwise be includible.-- ``(A) In general.--An amount shall be treated as a distribution for purposes of paragraph (1) only to the extent that such amount would be includible in gross income without regard to paragraph (1). ``(B) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of subparagraph (A), the aggregate amounts distributed from an eligible retirement plan in a taxable year shall be treated as includible in gross income (without regard to subparagraph (A)) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts distributed from all eligible retirement plans were treated as 1 contract for purposes of determining the inclusion of such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(4) Definitions.--For purposes of this subsection-- ``(A) Eligible retirement plan.--For purposes of paragraph (1), the term `eligible retirement plan' means a governmental plan (within the meaning of section 414(d)) which is described in clause (iii), (iv), (v), or (vi) of subsection (c)(8)(B). ``(B) Eligible retired public safety officer.--The term `eligible retired public safety officer' means an individual who, by reason of disability or attainment of normal retirement age, is separated from service as a public safety officer with the employer who maintains the eligible retirement plan from which distributions subject to paragraph (1) are made. ``(C) Public safety officer.--The term `public safety officer' shall have the same meaning given such term by section 1204(8)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(8)(A)). ``(D) Qualified health insurance premiums.--The term `qualified health insurance premiums' means premiums for coverage for the eligible retired public safety officer, his spouse, and dependents, by an accident or health insurance plan or qualified long- term care insurance contract (as defined in section 7702B(b)). ``(5) Special rules.--For purposes of this subsection-- ``(A) Direct payment to insurer required.-- Paragraph (1) shall only apply to a distribution if payment of the premiums is made directly to the provider of the accident or health insurance plan or qualified long-term care insurance contract by deduction from a distribution from the eligible retirement plan. ``(B) Related plans treated as 1.--All eligible retirement plans of an employer shall be treated as a single plan. ``(6) Election described.-- ``(A) In general.--For purposes of paragraph (1), an election is described in this paragraph if the election is made by an employee after separation from service with respect to amounts not distributed from an eligible retirement plan to have amounts from such plan distributed in order to pay for qualified health insurance premiums. ``(B) Special rule.--A plan shall not be treated as violating the requirements of section 401, or as engaging in a prohibited transaction for purposes of section 503(b), merely because it provides for an election with respect to amounts that are otherwise distributable under the plan or merely because of a distribution made pursuant to an election described in subparagraph (A). ``(7) Coordination with medical expense deduction.--The amounts excluded from gross income under paragraph (1) shall not be taken into account under section 213. ``(8) Coordination with deduction for health insurance costs of self-employed individuals.--The amounts excluded from gross income under paragraph (1) shall not be taken into account under section 162(l).''. (b) Conforming Amendments.-- (1) Section 403(a) of such Code (relating to taxability of beneficiary under a qualified annuity plan) is amended by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for health and long-term care insurance.--To the extent provided in section 402(l), paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (2) Section 403(b) of such Code (relating to taxability of beneficiary under annuity purchased by section 501(c)(3) organization or public school) is amended by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for health and long-term care insurance.--To the extent provided in section 402(l), paragraph (1) shall not apply to the amount distributed under the contract which is otherwise includible in gross income under this subsection.''. (3) Section 457(a) of such Code (relating to year of inclusion in gross income) is amended by adding at the end the following new paragraph: ``(3) Special rule for health and long-term care insurance.--To the extent provided in section 402(l), paragraph (1) shall not apply to amounts otherwise includible in gross income under this subsection.''. (c) Effective Date.--The amendments made by this section shall apply to distributions in taxable years beginning after December 31, 2004.

Healthcare Enhancement for Local Public Safety Retirees Act of 2005 or the HELPS Retirees Act of 2005 - Amends the Internal Revenue Code to allow retired public safety officers to elect an annual exclusion from gross income up to $5,000 for distributions from governmental retirement plans for the payment of accident or health insurance or long-term care insurance.

To amend the Internal Revenue Code of 1986 to permit tax-free distributions from governmental retirement plans for premiums for health and long-term care insurance for public safety officers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depleted Uranium Screeing and Testing Act of 2004''. SEC. 2. DEPLETED URANIUM RISK NOTIFICATION FOR DEPLOYING FORCES. (a) Notification.-- The Secretary of Defense shall establish procedures to require that, as part of the procedures for preparing members of the Armed Forces for deployment to a theater of operations, that such members be notified of-- (1) any known or likely use of depleted uranium in that theater of operations (whether by forces of the United States and its allies or by any opposing forces); and (2) any health risks associated with exposure to depleted uranium. (b) Training.--The Secretary shall provide for training deploying forces on how to handle depleted uranium before deploying them to a theater in which depleted uranium is used. SEC. 3. DEPLETED URANIUM SCREENING AND TESTING. (a) Identification and Testing Required.--The Secretary of Defense shall carry out a program to identify individuals who during active service in the Armed Forces are or have been exposed to depleted uranium and to provide those individuals with bioassay testing and notification of the results of such testing. (b) Du-Exposed Personnel Identification Methods.--(1) The Secretary of each military department shall establish procedures to identify members of the Armed Forces under the Secretary's jurisdiction who are, or may have been, exposed to depleted uranium. For such purpose, the Secretary shall identify units and members under paragraph (2) and shall accept self-identification reports by members under paragraph (3). (2) The Secretary of each military department shall identify units, and personnel assigned to units, that have been, or could have been, exposed to depleted uranium, based upon information about known exposure events (as determined under subsection (c)). (3) The Secretary of each military department shall accept a report by an individual that the individual, while a member of the Armed Forces under the Secretary's jurisdiction, was, or may have been, exposed to depleted uranium based upon service on active duty (or training duty or funeral honors duty) in a theater of operations where depleted uranium was used, including travel through such an area. The Secretary shall prescribe procedures for receiving such reports. (4) In carrying out this subsection, the Secretary of each military department shall ensure that individuals no longer on active duty (including members of the reserve components who have been released from active duty, members who have been retired, and members who have been separated from service) are treated, for identification purposes, in the same manner as individuals remaining on active duty. (c) Exposure Events.--The Secretary of Defense shall identify depleted uranium exposure events for purposes of this section. The exposure events identified shall include the following: (1) An event in which an individual-- (A) is struck by depleted uranium munitions or depleted uranium armor fragments; (B) is within 50 meters of a vehicle or structure containing or equipped with depleted uranium cargo or components (such as aircraft counterweights and helicopter rotor tips) at a time that the vehicle or structure was struck, exploded, burned, or crashed; or (C) while acting as a first responder to an event described in subparagraph (B), enters within 50 meters of the vehicle or structure to render aid. (2) An event in which an individual-- (A) enters a vehicle or structure with possible depleted uranium residues in order to perform maintenance, recovery, intelligence, or battle damage assessment; or (B) breathes smoke from fires involving depleted uranium materials. (3) An event in which an individual may inhale depleted uranium particulates as a result of the handling of depleted uranium contaminated equipment or wreckage or exposure to particulate residues as part of maintenance duties (including duties as a welder or ammunition handler or duties involving cleanup or processing of depleted uranium contaminated equipment). (4) Other incidental exposures identified by the Secretary, including the performance of activities in the area of depleted uranium damaged vehicles or structures or the traveling through or residing in any such area. In addition to exposure events described in paragraphs (1) through (4) occurring on or after the the date of the enactment of this Act, such events during the period between January 1, 2003, and the date of the enactment of this Act may be considered for purposes of this section, but only if reported during the 60-day period beginning on the date of the enactment of this Act. (d) Health-Care Services Required.--(1) Any individual identified under subsection (b) shall be provided a health screening test by the Secretary of Defense. Such test shall be carried out using a bioassay procedure developed by the Secretary of Defense in consultation with the Centers for Disease Control and Prevention. The same bioassay procedure shall be used for all types of exposure or possible exposure under subsection (c). (2)(A) In the case of an individual with an exposure event described in subsection (c) other than under paragraph (4) of that subsection, the bioassay under paragraph (1) shall be administered not later than 180 days after the date of the event. (B) In the case of an individual with an exposure event described in subsection (c)(4), the bioassay under paragraph (1) shall be administered not later than 30 days after the end of the individual's deployment in the theater of operations, but such individual may be provided the bioassay earlier upon the individual's request. (3) The Secretary of Defense shall provide the results of any bioassay procedure under this subsection to the individual tested, and the primary care manager or primary care provider of that individual, not later than 30 days after the Secretary receives those results. (e) Personnel Tracking.--The Secretary of each military department shall establish procedures for collecting, tracking, and maintaining information on the health status of individuals tested under subsection (d) for the purpose of assessing any long-term health consequences of exposure to depleted uranium. (f) Independent Review of Bioassay Types and Contamination Thresholds.--The Director of the Centers for Disease Control and Prevention shall conduct an independent review of bioassay types and contamination thresholds for purposes of the testing under subsection (d). (g) Treatment.--Based on the results of the bioassay tests, the Secretary of the military department concerned shall provide appropriate treatment for any illness of an individual resulting from a depleted uranium contamination or exposure. SEC. 4. SURVEY OF RADIOISOTOPE IDENTIFICATION EQUIPMENT USED BY DEPARTMENT OF DEFENSE. (a) Survey.--The Comptroller General shall conduct a survey of radioisotope identification equipment used by the Department of Defense in order to assess the capability of Department of Defense facilities to identify concentrations of different radioisotopes in naturally occurring levels of uranium. (b) Report.--The Comptroller General shall submit to Congress a report on the results of the survey under subsection (a) not later than 180 days after the date of the enactment of this Act.

Depleted Uranium Screening and Testing Act of 2004 - Directs the Secretary of Defense to: (1) establish procedures for the predeployment notification to members of the Armed Forces of any known or likely use of depleted uranium in the theater of operation and any health risks associated with exposure to depleted uranium; (2) provide predeployment training on how to handle depleted uranium before deploying individuals to a theater in which it will be used; (3) carry out a program to identify individuals exposed to depleted uranium during active service in the Armed Forces; (4) provide such individuals with bioassay testing and notification of test results; and (5) identify specified depleted uranium exposure events. Requires the Secretary of each military department to establish procedures for collecting, tracking, and maintaining information on the health status of individuals tested under this Act to assess long-term health consequences of exposure to depleted uranium. Requires the Director of the Centers for Disease Control and Prevention to conduct an independent review of bioassay types and contamination thresholds for purposes of required testing. Requires the Secretary of the military department concerned to provide appropriate treatment for any illness of an individual resulting from depleted uranium contamination or exposure. Directs the Comptroller General to conduct a survey of radioisotope identification equipment used by the Department of Defense (DOD) to assess the capability of DOD facilities to identify concentrations of different radioisotopes in naturally occurring levels of uranium and to report survey findings to Congress.

To provide for identification of members of the Armed Forces exposed during military service to depleted uranium, to provide for health testing of such members, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Food Financing Initiative''. SEC. 2. FINDINGS. Congress finds that-- (1)(A) the United States faces an obesity epidemic in which 30.5 percent of children ages 10 through 17 are overweight or obese; (B) the obesity epidemic contributes to increasing rates of chronic illness, including diabetes, heart disease, and cancer; and (C) the obesity epidemic cost the United States $147,000,000 in medical expenses in 2008, and this cost is expected to rise in the future; (2) the Reinvestment Fund estimates that almost 25,000,000 people in the United States live in low-income communities with limited access to supermarkets and grocery stores; (3) more than 130 studies show that-- (A) access to healthy food is particularly a problem in hundreds of low-income, rural, and urban communities, as well as communities of color in the United States; and (B) the opportunity to access healthy food is linked to lower levels of obesity, diabetes, and other food-related chronic illnesses, leading to better health outcomes; (4)(A) children from low-income families are twice as likely to be overweight as children from higher income families; and (B) African-American and Hispanic children are more likely than Caucasian children to be obese; (5) studies show that when healthy foods are available, people will increase consumption of fruits and vegetables; (6) leading public health experts, including the Centers for Disease Control and Prevention, the American Heart Association, the Institute of Medicine, and the American Public Health Association, agree that providing improved access to supermarkets and grocery stores is needed to improve public health and prevent obesity; (7) developing high-quality fresh food retail outlets creates jobs, expands markets for agricultural producers in the United States, and supports economic vitality in underserved communities; (8)(A) supermarkets and grocery stores often face barriers to opening stores in food deserts; (B) the supermarket industry operates on an historically thin profit margin; (C) according to the 2011 National Grocers Association Independent Grocers Survey, the average net profit margin before taxes for independent grocers in 2010 was 1.08 percent; (D) urban operators face barriers, including-- (i) increased real estate costs or limited availability of suitable commercial real estate in the community; (ii) increased employee training needs and costs; (iii) elevated security expenses; and (iv) often zoning restrictions; (E) supermarkets and grocery stores in rural food deserts also face barriers, including increased food delivery costs due to distance from distributers, dispersed customer base, and low volume; and (F) access to affordable capital is a significant problem for both rural and urban projects; (9) by providing seed capital and technical assistance, the Federal Government, through time-limited investments, can-- (A) attract private sector investment to create and retain much-needed jobs; and (B) provide long-term, sustainable solutions to the decades-old problem of limited access to healthy food in underserved, low-income urban and rural communities; and (10) legislation establishing a national fund modeled on the successful Pennsylvania Fresh Food Financing Initiative will help address the obesity epidemic while also creating much-needed jobs and economic revitalization, and solving the healthy food access problem in hundreds of communities across the United States. SEC. 3. HEALTHY FOOD FINANCING INITIATIVE. (a) In General.--Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) is amended by adding at the end the following new section: ``SEC. 242. HEALTHY FOOD FINANCING INITIATIVE. ``(a) Purpose.--The purpose of this section is to enhance the authorities of the Secretary to support efforts to provide access to healthy food by establishing an initiative to improve access to healthy foods in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities by providing loans and grants to eligible fresh, healthy food retailers to overcome the higher costs and initial barriers to entry in underserved areas. ``(b) Definitions.--In this section: ``(1) Community development financial institution.--The term `community development financial institution' has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702). ``(2) Initiative.--The term `Initiative' means the Healthy Food Financing Initiative established under subsection (c)(1). ``(3) National fund manager.--The term `national fund manager' means a community development financial institution that is-- ``(A) in existence on the date of enactment of this section; and ``(B) certified by the Community Development Financial Institution Fund of the Department of Treasury to manage the Initiative for purposes of-- ``(i) raising private capital; ``(ii) providing financial and technical assistance to partnerships; and ``(iii) funding eligible projects to attract fresh, healthy food retailers to underserved areas, in accordance with this section. ``(4) Partnership.--The term `partnership' means a regional, State, or local public-private partnership that-- ``(A) is organized to improve access to fresh, healthy foods; ``(B) provides financial and technical assistance to eligible projects; and ``(C) meets such other criteria as the Secretary may establish. ``(5) Perishable food.--The term `perishable food' means a staple food that is fresh, refrigerated, or frozen. ``(6) Quality job.--The term `quality job' means a job that provides wages and other benefits comparable to, or better than, similar positions in existing businesses of similar size in similar local economies. ``(7) Staple food.-- ``(A) In general.--The term `staple food' means food that is a basic dietary item. ``(B) Inclusions.--The term `staple food' includes-- ``(i) bread; ``(ii) flour; ``(iii) fruits; ``(iv) vegetables; and ``(v) meat. ``(c) Initiative.-- ``(1) Establishment.--The Secretary shall establish an initiative to achieve the purpose described in subsection (a) in accordance with this subsection. ``(2) Implementation.-- ``(A) In general.-- ``(i) In general.--In carrying out the Initiative, the Secretary shall provide funding to entities with eligible projects, as described in subparagraph (B), subject to the priorities described in subparagraph (C). ``(ii) Use of funds.--Funds provided to an entity pursuant to clause (i) shall be used-- ``(I) to create revolving loan pools of capital or other products to provide loans to finance eligible projects or partnerships; ``(II) to provide grants for eligible projects or partnerships; ``(III) to provide technical assistance to funded projects and entities seeking Initiative funding; and ``(IV) to cover administrative expenses of the national fund manager in an amount not to exceed 10 percent of the Federal funds provided. ``(B) Eligible projects.--Subject to the approval of the Secretary, the national fund manager shall establish eligibility criteria for projects under the Initiative, which shall include the existence or planned execution of agreements-- ``(i) to expand or preserve the availability of staple foods in underserved areas with moderate- and low-income populations by maintaining or increasing the number of retail outlets that offer an assortment of perishable food and staple food items, as determined by the Secretary, in those areas; and ``(ii) to accept benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(C) Priorities.--In carrying out the Initiative, priority shall be given to projects that-- ``(i) are located in severely distressed low-income communities, as defined by the Community Development Financial Institutions Fund of the Department of Treasury; and ``(ii) include 1 or more of the following characteristics: ``(I) The project will create or retain quality jobs for low-income residents in the community. ``(II) The project supports regional food systems and locally grown foods, to the maximum extent practicable. ``(III) In areas served by public transit, the project is accessible by public transit. ``(IV) The project involves women- or minority-owned businesses. ``(V) The project receives funding from other sources, including other Federal agencies. ``(VI) The project otherwise advances the purpose of this section, as determined by the Secretary. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $125,000,000, to remain available until expended.''. (b) Conforming Amendment.--Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended-- (1) in paragraph (6), by striking ``or'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(8) the authority of the Secretary to establish and carry out the Health Food Financing Initiative under section 242.''.

Healthy Food Financing Initiative - Amends the Department of Agriculture Reorganization Act of 1994 to direct the Secretary of Agriculture (USDA) to establish an initiative to improve access to healthy foods in underserved areas, create and preserve quality jobs, and revitalize low-income communities by providing loans and grants to eligible fresh food retailers to overcome the higher costs and initial entry barriers in underserved areas. Provides that funds shall be used to: (1) create revolving loan pools of capital and provide grants to finance eligible projects or partnerships, and (2) provide technical assistance and limited administrative expenses. Requires projects to accept SNAP (formerly known as food stamps) benefits.

Healthy Food Financing Initiative

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Medicare for All Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Negotiation of prices for medicare prescription drugs. Sec. 3. Guaranteed prescription drug benefits. Sec. 4. Full reimbursement for qualified retiree prescription drug plans. Sec. 5. Repeal of comparative cost adjustment (cca) program. Sec. 6. Repeal of MA Regional Plan Stabilization Fund. Sec. 7. Repeal of cost containment provisions. Sec. 8. Removal of exclusion of benzodiazepines from required coverage under the Medicare prescription drug program. SEC. 2. NEGOTIATION OF PRICES FOR MEDICARE PRESCRIPTION DRUGS. Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and inserting the following: ``(i) Negotiation; No National Formulary or Price Structure.-- ``(1) Negotiation of prices with manufacturers.--In order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall have and exercise authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part. ``(2) No national formulary or price structure.--In order to promote competition under this part and in carrying out this part, the Secretary may not require a particular formulary or institute a price structure for the reimbursement of covered part D drugs.''. SEC. 3. GUARANTEED PRESCRIPTION DRUG BENEFITS. (a) In General.--Section 1860D-3 of the Social Security Act (42 U.S.C. 1395w-103) is amended to read as follows: ``access to a choice of qualified prescription drug coverage ``Sec. 1860D-3. (a) Assuring Access to a Choice of Coverage.-- ``(1) Choice of at least three plans in each area.-- Beginning on January 1, 2008, the Secretary shall ensure that each part D eligible individual has available, consistent with paragraph (2), a choice of enrollment in-- ``(A) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b); and ``(B) at least 2 qualifying plans (as defined in paragraph (3)) in the area in which the individual resides, at least one of which is a prescription drug plan. ``(2) Requirement for different plan sponsors.--The requirement in paragraph (1)(B) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area. ``(3) Qualifying plan defined.--For purposes of this section, the term `qualifying plan' means-- ``(A) a prescription drug plan; ``(B) an MA-PD plan described in section 1851(a)(2)(A)(i) that provides-- ``(i) basic prescription drug coverage; or ``(ii) qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1854(b)(1)(C); or ``(C) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b). ``(b) HHS as PDP Sponsor for a Nationwide Prescription Drug Plan.-- ``(1) In general.--The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall take such steps as may be necessary to qualify and serve as a PDP sponsor and to offer a prescription drug plan that offers basic prescription drug coverage throughout the United States. Such a plan shall be in addition to, and not in lieu of, other prescription drug plans offered under this part. ``(2) Premium; solvency; authorities.--In carrying out paragraph (1), the Secretary-- ``(A) shall establish a premium in the amount of $35 for months in 2008 and, for months in subsequent years, in the amount specified in this paragraph for months in the previous year increased by the annual percentage increase described in section 1860D-2(b)(6) (relating to growth in medicare prescription drug costs per beneficiary) for the year involved; ``(B) is deemed to have met any applicable solvency and capital adequacy standards; and ``(C) shall exercise such authorities (including the use of regional or other pharmaceutical benefit managers) as the Secretary determines necessary to offer the prescription drug plan in the same or a comparable manner as is the case for prescription drug plans offered by private PDP sponsors. ``(c) Flexibility in Risk Assumed.--In order to ensure access pursuant to subsection (a) in an area the Secretary may approve limited risk plans under section 1860D-11(f) for the area.''. (b) Conforming Amendment.--Section 1860D-11(g) of the Social Security Act (42 U.S.C. 1395w-111(g)) is amended by adding at the end the following new paragraph: ``(8) Application.--This subsection shall not apply on or after January 1, 2008.''. SEC. 4. FULL REIMBURSEMENT FOR QUALIFIED RETIREE PRESCRIPTION DRUG PLANS. (a) Elimination of True Out-of-Pocket Limitation.--Section 1860D- 2(b)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395w- 102(b)(4)(C)(ii) is amended-- (1) by inserting ``under a qualified retiree prescription drug plan (as defined in section 1860D-22(a)(2)),'' after ``under section 1860D-14,''; and (2) by inserting ``, under such a qualified retiree prescription drug plan,'' after ``(other than under such section''. (b) Equalization of Subsidies.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall provide for such increase in the special subsidy payment amounts under section 1860D-22(a)(3) of the Social Security Act (42 U.S.C. 1395w-132(a)(3)) as may be appropriate to provide for payments in the aggregate equivalent to the payments that would have been made under section 1860D-15 of such Act (42 U.S.C. 1395w-115) if the individuals were not enrolled in a qualified retiree prescription drug plan. In making such computation, the Secretary shall not take into account the application of the amendments made by section 1202 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2480). (c) Effective Date.--This section, and the amendments made by this section, shall take effect on January 1, 2008. SEC. 5. REPEAL OF COMPARATIVE COST ADJUSTMENT (CCA) PROGRAM. Subtitle E of title II of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2214), and the amendments made by such subtitle, are repealed. SEC. 6. REPEAL OF MA REGIONAL PLAN STABILIZATION FUND. (a) In General.--Subsection (e) of section 1858 of the Social Security Act (42 U.S.C. 1395w-27a) is repealed. (b) Conforming Amendment.--Section 1858(f)(1) of the Social Security Act (42 U.S.C. 1395w-27a(f)(1)) is amended by striking ``subject to subsection (e),''. SEC. 7. REPEAL OF COST CONTAINMENT PROVISIONS. Subtitle A of title VIII of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2357) is repealed and any provisions of law amended by such subtitle are restored as if such subtitle had not been enacted. SEC. 8. REMOVAL OF EXCLUSION OF BENZODIAZEPINES FROM REQUIRED COVERAGE UNDER THE MEDICARE PRESCRIPTION DRUG PROGRAM. (a) Removal of Exclusion.-- (1) In general.--Section 1860D-2(e)(2) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)) is amended-- (A) by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (J)''; and (B) by inserting ``and benzodiazepines'' after ``smoking cessation agents''. (2) Effective date.--The amendments made by paragraph (1) shall apply to prescriptions dispensed on or after January 1, 2008. (b) Review of Benzodiazepine Prescription Policies to Assure Appropriateness and to Avoid Abuse.--The Secretary of Health and Human Services shall review the policies of Medicare prescription drug plans (and MA-PD plans) under parts C and D of title XVIII of the Social Security Act regarding the filling of prescriptions for benzodiazepine to ensure that these policies are consistent with accepted clinical guidelines, are appropriate to individual health histories, and are designed to minimize long term use, guard against over-prescribing, and prevent patient abuse. (c) Development by Medicare Quality Improvement Organizations of Educational Guidelines for Physicians Regarding Prescribing of Benzodiazepines.--The Secretary of Health and Human Services shall provide, in contracts entered into with Medicare quality improvement organizations under part B of title XI of the Social Security Act, for the development by such organizations of appropriate educational guidelines for physicians regarding the prescribing of benzodiazepines.

Preserving Medicare for All Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to repeal the prohibition against interference by the Secretary of Health and Human Services with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors. Grants the Secretary authority to negotiate contracts with manufacturers of covered part D drugs in order to ensure that beneficiaries enrolled under prescription drug plans and Medicare Advantage Prescription Drug Plans (MA-PD plans) pay the lowest possible price. Allows the Medicare part D eligible individual an alternative to the current choice of coverage in at least two qualifying plans in the area in which the individual resides. Allows such an individual to choose enrollment in a nationwide prescription drug plan offered by the Secretary (to replace enrollment in a fallback prescription drug plan in any case in which such plans are not available). Directs the Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, to: (1) take necessary steps to qualify and serve as a prescription drug plan sponsor; and (2) offer a prescription drug plan that offers basic prescription drug coverage throughout the United States, with a $35 premium for 2008, adjusted annually thereafter. Requires such a plan to be in addition to, and not in lieu of, other prescription drug plans offered. Provides for full reimbursement to employers for the cost of qualified retiree drug coverage, and permits their costs to count towards senior's catastrophic limits. Abolishes the comparative cost adjustment program. Eliminates the MA Regional Plan Stabilization Fund. Repeals certain cost containment requirements. Amends SSA title XVIII to provide for the removal of exclusion of benzodiazepines from required coverage under the Medicare prescription drug program.

A bill to amend title XVIII of the Social Security Act to provide additional beneficiary protections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Modern Employment, Reform, Improvement, and Transformation Act of 2018'' or the ``MERIT Act of 2018''. SEC. 2. ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT ``Sec. 7551. Removal for performance or misconduct ``(a) Definitions.--In this section: ``(1) Employee.--The term `employee' means any individual covered by subchapter II or V of this chapter. ``(2) Misconduct.--The term `misconduct' includes neglect of duty, malfeasance, failure to accept a directed reassignment, the commitment of a prohibited personnel practice, a violation of protocol, and failure to accompany a position in a transfer of function. ``(b) Authority.--The head of an agency may remove an employee from the civil service if the head of the agency determines the performance or misconduct of the individual warrants the removal. ``(c) Procedure.-- ``(1) In general.--Not later than 7 days and not earlier than 21 days before taking a personnel action described in subsection (b) against an employee, the head of the agency employing the employee shall provide the employee with-- ``(A) notice in writing of the proposed personnel action, including the reasons for the proposed action and the forecasted final date of employment; and ``(B) an opportunity to respond to the proposed personnel action within the remaining employment period beginning on the date of receipt of notice. ``(2) Appeal.-- ``(A) In general.--Subject to subparagraph (B), any removal under subsection (b) may be appealed to the Merit Systems Protection Board under section 7701. ``(B) Timing.--An appeal under subparagraph (A) of a removal may only be made if the appeal is made not later than 7 days after the date of the removal. ``(3) Limit on removal procedures.--The procedures under section 7513(b) or section 7543(b) shall not apply to a removal under this section. ``(d) Expedited Review by Merit Systems Protection Board.-- ``(1) Appeal decision timing.--Upon receipt of an appeal under subsection (c)(2)(A), the Merit Systems Protection Board shall issue a decision not later than 30 days after the date of the appeal. ``(2) Evidentiary standard.--Notwithstanding section 7701(c)(1)(B), the Merit Systems Protection Board shall uphold the decision of the head of an agency to remove an employee under subsection (b) if the decision is supported by substantial evidence. ``(3) Final removal.--In any case in which the Merit Systems Protection Board cannot issue a decision in accordance with the 30-day requirement under paragraph (1), the removal is final. ``(4) Report required.--In the case of a final removal under paragraph (3), the Merit Systems Protection Board shall, within 14 days after the date that the removal is final, submit to Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report that explains the reasons why a decision was not issued in accordance with the requirement under paragraph (1). ``(5) No stay of removal during appeal.--The Merit Systems Protection Board may not stay any removal under this section unless the basis for the appeal of the removal is a violation of paragraph (8) or (9) of section 2302(b). ``(6) Requirement for removed individual during appeal.-- During the period beginning on the date on which an individual appeals a removal from the civil service under subsection (c)(2)(A) and ending on the date that the Merit Systems Protection Board issues a final decision on the appeal, the individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. ``(7) Provision of information.--To the maximum extent practicable, the head of an agency shall provide to the Merit Systems Protection Board such information and assistance as may be necessary to ensure an appeal under this subsection is expedited. ``(e) Additional Authority.--The authority provided by this section is in addition to the authority otherwise provided under this chapter.''. (b) Conforming Amendment.--The table of sections for chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``subchapter vi--alternative removal for performance or misconduct ``7551. Removal for performance or misconduct.''.

Modern Employment, Reform, Improvement, and Transformation Act of 2018 or the MERIT Act of 2018 This bill provides new, alternative authority for an agency to remove a federal civil service employee based on performance or misconduct.

Modern Employment, Reform, Improvement, and Transformation Act of 2018

SECTION 1. USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER CONSOLIDATED FEDERAL MILK MARKETING ORDERS. (a) Final Rule Defined.--In this section, the term ``final rule'' means the final rule for the consolidation and reform of Federal milk marketing orders that was published in the Federal Register on September 1, 1999 (64 Fed. Reg. 47897-48021), to comply with section 143 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253). (b) Implementation of Final Rule for Milk Order Reform.--Subject to subsection (c), the final rule shall take effect, and be implemented by the Secretary of Agriculture, on the first day of the first month beginning at least 30 days after the date of the enactment of this Act. (c) Use of Option 1A for Pricing Class I Milk.--In lieu of the Class I price differentials specified in the final rule, the Secretary of Agriculture shall price fluid or Class I milk under the Federal milk marketing orders using the Class I price differentials identified as Option 1A ``Location-Specific Differentials Analysis'' in the proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802, 4809), except that the Secretary shall include the corrections and modifications to such Class I differentials made by the Secretary through April 2, 1999. (d) Effect of Prior Announcement of Minimum Prices.--If the Secretary of Agriculture announces minimum prices for milk under Federal milk marketing orders pursuant to section 1000.50 of title 7, Code of Federal Regulations, before the effective date specified in subsection (b), the minimum prices so announced before that date shall be the only applicable minimum prices under Federal milk marketing orders for the month or months for which the prices have been announced. (e) Implementation of Requirement.--The implementation of the final rule, as modified by subsection (c), shall not be subject to any of the following: (1) The notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or the notice and comment provisions of section 553 of title 5, United States Code. (2) A referendum conducted by the Secretary of Agriculture pursuant to subsections (17) or (19) of section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (3) The Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking. (4) Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act). (5) Any decision, restraining order, or injunction issued by a United States court before the date of the enactment of this Act. SEC. 2. FURTHER RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND CLASS IV MILK UNDER MARKETING ORDERS. (a) Congressional Finding.--The Class III and Class IV milk pricing formulas included in the final decision for the consolidation and reform of Federal milk marketing orders, as published in the Federal Register on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public comment on the original proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different from the proposed rule and any comments submitted with regard to the proposed rule that further emergency rulemaking is merited. (b) Rulemaking Required.--The Secretary of Agriculture shall conduct rulemaking, on the record after an opportunity for an agency hearing, to reconsider the Class III and Class IV milk pricing formulas included in the final rule for the consolidation and reform of Federal milk marketing orders that was published in the Federal Register on September 1, 1999 (64 Fed. Reg. 47897-48021). (c) Time Period for Rulemaking.--On December 1, 2000, the Secretary of Agriculture shall publish in the Federal Register a final decision on the Class III and Class IV milk pricing formulas. The resulting formulas shall take effect, and be implemented by the Secretary, on January 1, 2001. (d) Effect of Court Order.--The actions authorized by subsections (b) and (c) are intended to ensure the timely publication and implementation of new pricing formulas for Class III and Class IV milk. In the event that the Secretary of Agriculture is enjoined or otherwise restrained by a court order from implementing a final decision within the time period specified in subsection (c), the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in subsection (c) thereby extending those time limitations by a period of time equal to the period of time for which the injunction or other restraining order is effective. (e) Failure To Timely Complete Rulemaking.--If the Secretary of Agriculture fails to implement new Class III and Class IV milk pricing formulas within the time period required under subsection (c) (plus any additional period provided under subsection (d)), the Secretary may not assess or collect assessments from milk producers or handlers under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, for marketing order administration and services provided under such section after the end of that period until the pricing formulas are implemented. The Secretary may not reduce the level of services provided under that section on account of the prohibition against assessments, but shall rather cover the cost of marketing order administration and services through funds available for the Agricultural Marketing Service of the Department. (f) Implementation of Requirement.--The implementation of the final decision on new Class III and Class IV milk pricing formulas shall not be subject to congressional review under chapter 8 of title 5, United States Code. SEC. 3. DAIRY FORWARD PRICING PROGRAM. The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following new section: ``SEC. 23. DAIRY FORWARD PRICING PILOT PROGRAM. ``(a) Pilot Program Required.--Not later than 90 days after the date of the enactment of this section, the Secretary of Agriculture shall establish a temporary pilot program under which milk producers and cooperatives are authorized to voluntarily enter into forward price contracts with milk handlers. ``(b) Minimum Milk Price Requirements.--Payments made by milk handlers to milk producers and cooperatives, and prices received by milk producers and cooperatives, under the forward contracts shall be deemed to satisfy-- ``(1) all regulated minimum milk price requirements of paragraphs (B) and (F) of subsection (5) of section 8c; and ``(2) the requirement of paragraph (C) of such subsection regarding total payments by each handler. ``(c) Milk Covered by Pilot Program.-- ``(1) Covered milk.--The pilot program shall apply only with respect to the marketing of federally regulated milk that-- ``(A) is not classified as Class I milk or otherwise intended for fluid use; and ``(B) is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk. ``(2) Relation to class i milk.--To assist milk handlers in complying with the limitation in paragraph (1)(A) without having to segregate or otherwise individually track the source and disposition of milk, a milk handler may allocate milk receipts from producers, cooperatives, and other sources that are not subject to a forward contract to satisfy the handler's obligations with regard to Class I milk usage. ``(d) Duration.--The authority of the Secretary of Agriculture to carry out the pilot program shall terminate on December 31, 2004. No forward price contract entered into under the program may extend beyond that date. ``(e) Study and Report on Effect of Pilot Program.-- ``(1) Study.--The Secretary of Agriculture shall conduct a study on forward contracting between milk producers and cooperatives and milk handlers to determine the impact on milk prices paid to producers in the United States. To obtain information for the study, the Secretary may use the authorities available to the Secretary under section 8d, subject to the confidentiality requirements of subsection (2) of such section. ``(2) Report.--Not later than April 30, 2002, the Secretary shall submit to the Committee on Agriculture, Nutrition and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report containing the results of the study.''. SEC. 4. CONTINUATION OF CONGRESSIONAL CONSENT FOR NORTHEAST INTERSTATE DAIRY COMPACT. Section 147(3) of the Agricultural Market Transition Act (7 U.S.C. 7256(3)) is amended by striking ``concurrent with'' and all that follows through the period at the end and inserting ``on September 30, 2001.''.

States that if the Secretary announces minimum milk prices under a marketing order prior to implementation of the rule under this Act, such prices shall be the applicable minimum prices for the months so covered. States that the Option 1A requirement shall not be subject to specified requirements regarding: (1) notice and hearing; (2) referendum; (3) rulemaking notice and public participation; (4) paperwork reduction; and (5) judicial decision or order. (Sec. 2) Expresses the congressional finding that certain Class III and IV milk pricing formulas require further emergency rulemaking because they do not adequately reflect public comment and are sufficiently different from the proposed rule. States that the Secretary shall: (1) conduct formal rulemaking, and implement such final formulas on January 1, 2001 (with an extension if necessitated by judicial restraining order); and (2) collect no marketing order assessments (without reducing service levels) during any period of noncompliance with such time frame. (Sec. 3) Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to direct the Secretary to implement a dairy forward pricing pilot program through December 31, 2004. Applies such program to federally regulated milk that: (1) is not Class I milk or otherwise intended for fluid use; and (2) is in or directly affects interstate or foreign milk commerce. Directs the Secretary to study the impact of forward contracting on milk prices paid to U.S. producers. (Sec. 4) Amends the Agricultural Market Transition Act to extend congressional consent for the Northeast Interstate Dairy Compact through September 30, 2001.

To provide for the modification and implementation of the final rule for the consideration and reform of Federal milk marketing orders, and for other purposes.

SECTION 1. EXCLUSION FROM ESTATE FOR REAL PROPERTY SUBJECT TO ENDANGERED SPECIES CONSERVATION AGREEMENT. (a) In General.--Part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to taxable estate) is amended by adding at the end the following new section: ``SEC. 2057. CERTAIN REAL PROPERTY SUBJECT TO ENDANGERED SPECIES CONSERVATION AGREEMENT. ``(a) General Rule.--For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the adjusted value of real property included in the gross estate which is subject to an endangered species conservation agreement. ``(b) Property Subject to an Endangered Species Conservation Agreement.--For purposes of this section-- ``(1) In general.--Real property shall be treated as subject to an endangered species conservation agreement if-- ``(A) each person who has an interest in such property (whether or not in possession) has entered into-- ``(i) an endangered species conservation agreement with respect to such property, and ``(ii) a written agreement with the Secretary consenting to the application of subsection (d), and ``(B) the executor of the decedent's estate-- ``(i) elects the application of this section, and ``(ii) files with the Secretary such endangered species conservation agreement. ``(2) Adjusted value.--The adjusted value of any real property shall be its value for purposes of this chapter, reduced by any amount deductible under section 2053(a)(4) with respect to the property. ``(c) Endangered Species Conservation Agreement.--For purposes of this section-- ``(1) In general.--The term `endangered species conservation agreement' means a written agreement entered into with the Secretary of the Interior or the Secretary of Commerce-- ``(A) which commits each person who signed such agreement to carry out on the real property activities or practices not otherwise required by law or to refrain from carrying out on such property activities or practices that could otherwise be lawfully carried out, ``(B) which is certified by such Secretary as assisting in the conservation of any species which is-- ``(i) designated by such Secretary as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), ``(ii) proposed for such designation, or ``(iii) officially identified by such Secretary as a candidate for possible future protection as an endangered or threatened species, and ``(C) which applies to at least one-half of the total area of the property. ``(2) Annual certification to the secretary by the secretary of the interior or the secretary of commerce of the status of endangered species conservation agreements.--If the executor elects the application of this section, the executor shall promptly give written notice of such election to the Secretary of the Interior or the Secretary of Commerce. The Secretary of the Interior or the Secretary of Commerce shall thereafter annually certify to the Secretary that the endangered species conservation agreement applicable to any property for which such election has been made remains in effect and is being satisfactorily complied with. ``(d) Recapture of Tax Benefit in Certain Cases.-- ``(1) Disposition of interest or material breach.-- ``(A) In general.--Except as provided in subparagraph (C), an additional tax in the amount determined under subparagraph (B) shall be imposed on any person on the earlier of-- ``(i) the disposition by such person of any interest in property subject to an endangered species conservation agreement (other than a disposition described in subparagraph (C)), ``(ii) the failure by such person to comply with the terms of the endangered species conservation agreement, or ``(iii) the termination of the endangered species conservation agreement. ``(B) Amount of additional tax.--The amount of the additional tax imposed by subparagraph (A) shall be an amount that bears the same ratio to the fair market value of the real property at the time of the event described in subparagraph (A) as the ratio of the amount by which the estate tax liability was reduced by virtue of this section bore to the fair market value of such property at the time the executor filed the agreement under subsection (b)(1). For purposes of this subparagraph, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(C) Exception if transferee assumes obligations of transferor.--Subparagraph (A)(i) shall not apply if the transferor and the transferee of the property enter into a written agreement pursuant to which the transferee agrees-- ``(i) to assume the obligations imposed on the transferor under the endangered species conservation agreement, ``(ii) to assume personal liability for any tax imposed under subparagraph (A) with respect to any future event described in subparagraph (A), and ``(iii) to notify the Secretary of the Treasury and the Secretary of the Interior or the Secretary of Commerce that the transferee has assumed such obligations and liability. If a transferee enters into an agreement described in clauses (i), (ii), and (iii), such transferee shall be treated as signatory to the endangered species conservation agreement the transferor entered into. ``(2) Due date of additional tax.--The additional tax imposed by paragraph (1) shall become due and payable on the day that is 6 months after the date of the disposition referred to in paragraph (1)(A)(i) or, in the case of an event described in clause (ii) or (iii) of paragraph (1)(A), on April 15 of the calendar year following any year in which the Secretary of the Interior or the Secretary of Commerce fails to provide the certification required under subsection (c)(2). ``(e) Statute of Limitations.--If a taxpayer incurs a tax liability pursuant to subsection (d)(1)(A), then-- ``(1) the statutory period for the assessment of any additional tax imposed by subsection (d)(1)(A) shall not expire before the expiration of 3 years from the date the Secretary is notified (in such manner as the Secretary may by regulation prescribe) of the incurring of such tax liability, and ``(2) such additional tax may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law that would otherwise prevent such assessment. ``(f) Election and Filing of Agreement.--The election under this section shall be made on the return of the tax imposed by section 2001. Such election, and the filing under subsection (a) of an endangered species conservation agreement, shall be made in such manner as the Secretary shall by regulation provide. ``(g) Application of This Section to Interests in Partnerships, Corporations, and Trusts.--The Secretary shall prescribe regulations setting forth the application of this section in the case of an interest in a partnership, corporation, or trust which, with respect to a decedent, is an interest in a closely held business (within the meaning of paragraph (1) of section 6166(b)). For purposes of the preceding sentence, an interest in a discretionary trust all the beneficiaries of which are heirs of the decedent shall be treated as a present interest.'' (b) Clerical Amendment.--The table of sections for part IV of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 2057. Certain real property subject to endangered species conservation agreement.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow a deduction from the value of the gross estate of a decedent of an amount equal to the adjusted value of real property included in a gross estate which is subject to an endangered species conservation agreement. Provides for recapture of the benefit in certain cases.

A bill to amend the Internal Revenue Code of 1986 to allow a deduction from the gross estate of a decedent in an amount equal to the value of real property subject to an endangered species conservation agreement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy High-End Computing Revitalization Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means a High-End Software Development Center established under section 3(d). (2) High-end computing system.--The term ``high-end computing system'' means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. (3) Leadership system.--The term ``Leadership System'' means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. (4) 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)). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Director of the Office of Science of the Department of Energy. SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The Secretary shall-- (1) carry out a program of research and development (including development of software and hardware) to advance high-end computing systems; and (2) develop and deploy high-end computing systems for advanced scientific and engineering applications. (b) Program.--The program shall-- (1) support both individual investigators and multidisciplinary teams of investigators; (2) conduct research in multiple architectures, which may include vector, reconfigurable logic, streaming, processor-in- memory, and multithreading architectures; (3) conduct research on software for high-end computing systems, including research on algorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with architecture development efforts; (4) provide for sustained access by the research community in the United States to high-end computing systems and to Leadership Systems, including provision of technical support for users of such systems; (5) support technology transfer to the private sector and others in accordance with applicable law; and (6) ensure that the high-end computing activities of the Department of Energy are coordinated with relevant activities in industry and with other Federal agencies, including the National Science Foundation, the Defense Advanced Research Projects Agency, the National Nuclear Security Administration, the National Security Agency, the National Institutes of Health, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institutes of Standards and Technology, and the Environmental Protection Agency. (c) Leadership Systems Facilities.-- (1) In general.--As part of the program carried out under this Act, the Secretary shall establish and operate 1 or more Leadership Systems facilities to-- (A) conduct advanced scientific and engineering research and development using Leadership Systems; and (B) develop potential advancements in high-end computing system hardware and software. (2) Administration.--In carrying out this subsection, the Secretary shall provide to Leadership Systems, on a competitive, merit-reviewed basis, access to researchers in United States industry, institutions of higher education, national laboratories, and other Federal agencies. (d) High-End Software Development Center.-- (1) In general.--As part of the program carried out under this Act, the Secretary shall establish at least 1 High-End Software Development Center. (2) Duties.--A Center shall concentrate efforts to develop, test, maintain, and support optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems. (3) Proposals.--In soliciting proposals for the Center, the Secretary shall encourage staffing arrangements that include both permanent staff and a rotating staff of researchers from other institutions and industry to assist in coordination of research efforts and promote technology transfer to the private sector. (4) Use of expertise.--The Secretary shall use the expertise of a Center to assess research and development in high-end computing system architecture. (5) Selection.--The selection of a Center shall be determined by a competitive proposal process administered by the Secretary. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. In addition to amounts otherwise made available for high-end computing, there are authorized to be appropriated to the Secretary to carry out this Act-- (1) $50,000,000 for fiscal year 2005; (2) $55,000,000 for fiscal year 2006; and (3) $60,000,000 for fiscal year 2007. SEC. 5. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE. (a) Amendments.--Section 23 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-9) is amended-- (1) in subsection (a) and paragraphs (1) and (2) of subsection (b), by striking ``and the National Aeronautics and Space Administration'' and inserting ``, the National Aeronautics and Space Administration, and the Department of Energy''; (2) in subsection (b)(3), by striking ``Administration, and'' and inserting ``Administration, the Secretary of Energy, ''; (3) in subsection (c)-- (A) in paragraphs (1) and (2), by striking ``5'' and inserting ``4''; (B) in paragraph (2), by striking ``and'' at the end; (C) by redesignating paragraph (3) as paragraph (4), and in that paragraph by striking ``3'' and inserting ``2''; and (D) by inserting after paragraph (2) the following: ``(3) 3 members selected by the Secretary of Energy; and (4) in subsection (f), by striking ``the advisory bodies of other Federal agencies, such as the Department of Energy, which may engage in related research activities'' and inserting ``other Federal advisory committees that advise Federal agencies that engage in related research activities''. (b) Effective Date.--The amendments made by subsection (a) take effect on March 15, 2005. SEC. 6. REMOVAL OF SUNSET PROVISION FROM SAVINGS IN CONSTRUCTION ACT OF 1996. Section 14 of the Metric Conversion Act of 1975 (15 U.S.C. 205l) is amended by striking subsection (e). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Department of Energy High-End Computing Revitalization Act of 2004 - (Sec. 3) Directs the Secretary of Energy to: (1) implement a research and development program (involving software and hardware development) to advance high-end computing systems; and (2) develop and deploy them for advanced scientific and engineering applications. Details program functions, including research in: (1) multiple architectures, which may include vector, reconfigurable logic, streaming, processor-in-memory, and multithreading architectures; and (2) software development on optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems, in collaboration with architecture development efforts. Directs the Secretary to establish and operate facilities to: (1) conduct advanced scientific and engineering research and development using Leadership Systems; (2) develop potential advancements in high-end computing system hardware and software; and (3) provide access to such Systems on a competitive, merit-reviewed basis to researchers in U.S. industry, institutions of higher education, national laboratories, and other Federal agencies. Directs the Secretary to: (1) establish at least one High-End Software Development Center which shall concentrate efforts to develop, test, maintain, and support optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems; and (2) use the expertise of a Center to assess research and development in high-end computing system architecture. (Sec. 4) Authorizes appropriations for FY 2005 through 2007. (Sec. 5) Amends the National Science Foundation Authorization Act of 2002 to make the Department of Energy, along with the National Science Foundation and the National Aeronautics and Space Administration (NASA) (as under existing law), one of three specified Federal agencies jointly establishing the Astronomy and Astrophysics Advisory Committee. Revises Advisory Committee membership to include three members selected by the Secretary of Energy. (Sec. 6) Amends the the Metric Conversion Act of 1975 and the Savings in Construction Act of 1996 to repeal the expiration date of (thereby making permanent) Federal agency authority to require metric system specifications (subject to certain conditions for specifications that can only be satisfied by hard-metric versions) for concrete masonry units and recessed lighting fixtures in a solicitation for design or construction of a Federal facility within the United States or its territories.

To require the Secretary of Energy to carry out a program of research and development to advance high-end computing.

SECTION 1. AMENDMENTS TO THE NATIONAL WRITING PROJECT. (a) Findings and Purposes.--Section 10991 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8331) is amended to read as follows: ``SEC. 10991. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds that-- ``(1) the United States faces a continuing crisis in writing in schools and in the workplace; ``(2) the writing problem has been magnified by the rapidly changing student population, the growing number of at-risk students due to limited English proficiency, the shortage of adequately trained teachers, and the specialized knowledge required of teachers to teach students with special needs who are now part of mainstream classrooms; ``(3) nationwide reports from universities and colleges show that entering students are unable to meet the demands of college level writing, almost all 2-year institutions of higher education offer remedial writing courses, and three-quarters of public 4-year institutions of higher education and half of all private 4-year institutions of higher education must provide remedial courses in writing; ``(4) American businesses and corporations are concerned about the limited writing skills of both entry-level workers and executives whose promotions are denied due to inadequate writing abilities; ``(5) writing is fundamental to learning, including learning to read, yet writing has been neglected historically in schools and in teacher training institutions; ``(6) writing is a central feature in State and school district education standards in all disciplines; ``(7) since 1973, the only national program to address the writing problem in the Nation's schools has been the National Writing Project, a network of collaborative university-school programs the goals of which are to improve student achievement in writing and student learning through improving the teaching and uses of writing at all grade levels and in all disciplines; ``(8) the National Writing Project is a nationally recognized and honored nonprofit organization that improves the quality of teaching and teachers through developing teacher leaders who teach other teachers in summer and school year programs; ``(9) evaluations of the National Writing Project document the positive impact the project has had on improving the teaching of writing, student performance in writing, and student learning; ``(10) the National Writing Project has become a model for programs to improve teaching in such other fields as mathematics, science, history, reading and literature, performing arts and foreign languages; ``(11) each year over 150,000 participants benefit from National Writing Project programs in 1 of 156 United States sites located in 46 States and the Commonwealth of Puerto Rico; and ``(12) the National Writing Project is a cost-effective program and leverages over 6 dollars for every 1 Federal dollar. ``(b) Purpose.--It is the purpose of this part-- ``(1) to support and promote the expansion of the National Writing Project network of sites so that teachers in every region of the United States will have access to a National Writing Project program; ``(2) to ensure the consistent high quality of the sites through ongoing review, evaluation and technical assistance; ``(3) to support and promote the establishment of programs to disseminate effective practices and research findings about the teaching of writing; and ``(4) to coordinate activities assisted under this part with activities assisted under this Act.''. (b) Authorization.--Subsection (a) of section 10992 of such Act (20 U.S.C. 8332(a)) is amended to read as follows: ``(a) Authorization.--The Secretary is authorized to make a grant to the National Writing Project (hereafter in this section referred to as the `grantee'), a nonprofit educational organization that has as its primary purpose the improvement of the quality of student writing and learning, to improve the teaching and uses of writing to learn in our Nation's classrooms.''. (c) Federal Share.--Paragraph (3) of section 10992(d) of such Act (20 U.S.C. 8332(d)) is amended to read as follows: ``(3) Maximum.--The Federal share of the costs of teacher training programs conducted pursuant to subsection (a) may not exceed $100,000 for any one contractor, or $200,000 for a statewide program administered by any one contractor in at least five sites throughout the State. (d) Repeal of Classroom Teacher Grants.--Section 10992 of such Act (20 U.S.C. 8332) is amended-- (1) by repealing subsection (e); (2) by redesignating subsections (f), (g), (h), and (i) as subsections (e), (f), (g), and (h), respectively; and (3) in subsection (d)(2), by striking ``(f)'' and inserting ``(e)''; and (4) in subsection (f)(2) (as redesignated by paragraph (2)), by striking ``(i)'' and inserting ``(h)''. (e) Authorization of Appropriations.--Subsection (h) of section 10992 of such Act (as redesignated by subsection (d)(2)) (20 U.S.C. 8332) is amended by striking ``$4,000,000 for fiscal year 1995'' and inserting ``$15,000,000 for fiscal year 2000''.

Amends the Elementary and Secondary Education Act of 1965 to reauthorize and revise provisions for the National Writing Project (NWP). Increases the maximum amount for any one contractor under limits on the Federal share of NWP teacher training programs. Repeals the classroom teacher grants program under NWP. Increases and extends through FY 2004 the authorization of appropriations for NWP.

To improve the National Writing Project.

S BY THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS. (a) In General.--Chapter 41 of title 28, United States Code, is amended by adding after section 612 the following new section: ``Sec. 613. Analysis of bills and resolutions ``(a) Subject to the provisions of subsection (b), the Director of the Administrative Office of the United States Courts shall prepare an analysis of each bill or resolution reported by any committee of the Senate or House of Representatives. Such analysis shall include-- ``(1)(A) an estimate of the litigation costs to the Federal courts which would result from the enactment of such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year; and ``(B) the basis for each such estimate; ``(2)(A) an estimate of the litigation costs to the State courts which would result from the enactment of the bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year; and ``(B) the basis for each such estimate; ``(3)(A) an estimate of the attorneys' fees which would result from the enactment of the bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year; and ``(B) the basis for each such estimate; ``(4)(A) an estimate of the increased liability which would be incurred by the Federal, State, and local government agencies which would result from the enactment of the bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year; and ``(B) the basis for each such estimate; ``(5)(A) an estimate of the increased liability which would be incurred by the private sector, including individuals, business organizations and nonprofit entities, which would result from the enactment of the bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year; and ``(B) the basis for each such estimate; and ``(6) a description of each method for establishing a Federal financial commitment contained in such bill or resolution. ``(b) The provisions of subsection (a) shall not apply to-- ``(1) any private bill or resolution; or ``(2) any bill or resolution reported by the Committee on Appropriations of each House. ``(c) The Director of the Administrative Office of the United States Courts shall submit the analysis described under subsection (a) to each appropriate committee. To the greatest extent practicable-- ``(1) the Director shall submit the analysis before the committee files the applicable bill or resolution as reported by the committee; and ``(2) the committee shall include the analysis in the committee report accompanying the applicable reported bill or resolution. ``(d) At the request of a Senator, the Director of the Administrative Office of the United States Courts shall provide an analysis under this section for-- ``(1) any bill or resolution not reported by a committee to be considered by the Senate; and ``(2) any amendment to be offered in the Senate.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 41 of title 28, United States Code, is amended by adding after the item relating to section 612 the following: ``613. Analysis of bills and resolutions.''. (c) Point of Order in the Senate.--(1) Except as otherwise provided under this subsection, it shall not be in order in the Senate to consider any bill, resolution, or amendment described under paragraph (2) for which an analysis prepared by the Director of the Administrative Office of the United States Courts under section 613 of title 28, United States Code, has not been submitted to the appropriate committee or the Secretary of the Senate. (2) Paragraph (1) shall apply to-- (A) any bill or resolution (other than a private bill or resolution) that-- (i) is not reported by a committee; and (ii) is to be considered by the Senate; and (B) any amendment to be offered in the Senate, other than an amendment relating to appropriations. (3) The provisions of paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (d) Rulemaking Power of Congress.--The provisions of section 613(c) of title 28, United States Code (as added by subsection (a) of this section) and subsection (c) of this section are enacted by the Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and such rules supersede other rules only to the extent that such rules are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.

Amends the Federal judicial code to require the Director of the Administrative Office of the U.S. Courts to prepare an analysis of each bill or resolution reported by any congressional committee which shall include: (1) estimates of the litigation costs to the Federal and State courts, attorney fees, and increased liability incurred by Federal, State, and local government agencies and by the private sector that would result from enactment of such legislation in the fiscal year in which it is to become effective and in each of the four fiscal years thereafter; (2) the basis for each estimate; and (3) a description of each method for establishing a Federal financial commitment contained in such legislation. Makes such provisions inapplicable to any private legislation or legislation reported by the Appropriations Committees of each House. Requires: (1) the Director to submit the analysis to each appropriate committee, to the greatest extent practicable, before the committee files the applicable legislation reported by the committee; and (2) the committee to include the analysis in the committee report accompanying the applicable reported bill or resolution. Requires the Director, at the request of a Senator, to provide an analysis for any legislation not reported by a committee to be considered by the Senate and any amendment to be offered in the Senate. Specifies that it shall not be in order in the Senate to consider any legislation (other than private legislation) that is not reported by a committee and is to be considered by the Senate, and any amendment to be offered in the Senate other than one relating to appropriations, for which an analysis prepared by the Director has not been submitted to the appropriate committee or the Secretary of the Senate. Allows this provision to be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members.

A bill to amend chapter 41 of title 28, United States Code, to provide for an analysis of certain bills and resolutions pending before the Congress by the Director of the Administrative Office of the United States Courts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Professionals Substance Abuse Education Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Illegal drugs and alcohol are responsible for thousands of deaths each year, and they fuel the spread of a number of communicable diseases, including AIDS and Hepatitis C, as well as some of the worst social problems in the United States, including child abuse, domestic violence, and sexual assault. (2) There are an estimated 14,800,000 current drug users in America, more than 4,000,000 of whom are addicts. An estimated 14,000,000 Americans abuse alcohol or are alcoholic. (3) There is a significant treatment gap in the United States. Nearly 4,000,000 drug users who are in need of immediate treatment are not receiving it. This includes more than 1,200,000 children ages 12 to 25. These numbers do not take into account the number of alcoholics in need of treatment. (4) There are more than 28,000,000 children of alcoholics in America, almost 11,000,000 of whom are under 18 years of age. Countless other children are affected by substance abusing parents or other caretakers. Health professionals are uniquely positioned to help reduce or prevent alcohol and other drug- related impairment by identifying affected families and youth and by providing early intervention. (5) Drug addiction is a chronic relapsing disease. As with other chronic relapsing diseases (such as diabetes, hypertension and asthma), there is no cure, although a number of treatments can effectively control the disease. According to an article published in the Journal of the American Medical Association, treatment for addiction works just as well as treatment for other chronic relapsing diseases. (6) Drug treatment is cost effective, even when compared with residential treatment, the most expensive type of treatment. Residential treatment for cocaine addiction costs between $15,000 and $20,000 a year, a substantial savings compared to incarceration (costing nearly $40,000 a year), or untreated addiction (costing more than $43,000 a year). Also, in 1998, substance abuse and addiction accounted for approximately $10,000,000,000 in Federal, State, and local government spending simply to maintain the child welfare system. The economic costs associated with fetal alcohol syndrome were estimated at $1,900,000,000 for 1992. (7) Many doctors and other health professionals are unprepared to recognize substance abuse in their patients or their families and intervene in an appropriate manner. Only 56 percent of residency programs have a required curriculum in preventing or treating substance abuse. (8) Fewer than 1 in 5 doctors (only 19 percent) feel confident about diagnosing alcoholism, and only 17 percent feel qualified to identify illegal drug use. (9) Most doctors who are in a position to make a diagnosis of alcoholism or drug addiction do not believe that treatment works (less than 4 percent for alcoholism and only 2 percent for drugs). (10) According to a survey by the National Center on Addiction and Substance Abuse at Columbia University (referred to in this section as ``CASA''), 94 percent of primary care physicians and 40 percent of pediatricians presented with a classic description of an alcoholic or drug addict, respectively, failed to properly recognize the problem. (11) Another CASA report revealed that fewer than 1 percent of doctors presented with the classic profile of an alcoholic older woman could diagnose it properly. Eighty-two percent misdiagnosed it as depression, some treatments for which are dangerous when taken with alcohol. (12) Training can greatly increase the degree to which medical and other health professionals screen patients for substance abuse. It can also increase the manner by which such professionals screen children and youth who may be impacted by the addiction of a parent or other primary caretaker. Boston University Medical School researchers designed and conducted a seminar on detection and brief intervention of substance abuse for doctors, nurses, physician's assistants, social workers and psychologists. Follow-up studies reveal that 91 percent of those who participated in the seminar report that they are still using the techniques up to 5 years later. (13) According to the National Clearinghouse for Alcohol and Drug Information, drug and alcohol abuse account for more than $400,000,000,000 in health care costs each year. Arming health care professionals with the information they need in order to intervene and prevent further substance abuse could lead to a significant cost savings. (14) A study conducted by doctors at the University of Wisconsin found a $947 net savings patient in health care, accident, and criminal justice costs for each individual screened and, if appropriate, for whom intervention was made, with respect to alcohol problems. (b) Purpose.--It is the purpose of this Act to-- (1) improve the ability of health care professionals to identify and assist their patients with substance abuse; (2) improve the ability of health care professionals to identify and assist children and youth affected by substance abuse in their families; and (3) help establish an infrastructure to train health care professionals about substance abuse issues. SEC. 3. HEALTH PROFESSION EDUCATION. (a) Secretary of Health and Human Services.--The Secretary of Health and Human Services may enter into interagency agreements with the Health Resources Services Administration or the Substance Abuse and Mental Health Services Administration to enable each such Administration to carry out activities to train health professionals (who are generalists and not already specialists in substance abuse) so that they are competent to-- (1) recognize substance abuse in their patients or the family members of their patients; (2) intervene, treat, or refer for treatment those individuals who are affected by substance abuse; (3) identify and assist children of substance abusing parents; and (4) serve as advocates and resources for community-based substance abuse prevention programs. (b) Use of Funds.--Amounts received under an interagency agreement under this section shall be used-- (1) with respect to the Health Resources and Services Administration, to support the Association for Medical Education and Research in Substance Abuse (AMERSA) Interdisciplinary Project; and (2) with respect to the Substance Abuse and Mental Health Services Administration, to support the Addiction Technology Transfer Centers counselor training programs to train other health professionals. (c) Collaboration.--To be eligible to enter into an interagency agreement under this section the Health Resources and Services Administration or the Substance Abuse and Mental Health Services Administration shall demonstrate that such Administration will participate in interdisciplinary collaboration and collaborate with other nongovernmental organizations with respect to activities carried out under this section. (d) Evaluations.--The Health Resources and Services Administration and the Substance Abuse and Mental Health Services Administration shall conduct a process and outcome evaluation of the programs and activities carried out with funds received under this section, and shall provide semi-annual reports to the Secretary of Health Human Services and the Director of the Office of National Drug Control Policy. (e) Definitions.--In this section-- (1) the term ``health professional'' means a doctor, nurse, physician assistant, nurse practitioner, social worker, psychologist, pharmacist, osteopath, or other individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification; and (2) the terms ``doctor'', ``nurse'', ``physician assistant'', ``nurse practitioner'', ``social worker'', ``psychologist'', ``pharmacist'', and ``osteopath'' shall have the meanings given such terms for purposes of titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 et seq and 296 et seq.). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $5,500,000 for each of fiscal years 2002 through 2006, of which $1,000,000 in each such fiscal year shall be made available to the Substance Abuse and Mental Health Services Administration and $4,500,000 in each such fiscal year shall be made available to the Health Resources and Services Administration, to carry out this section. Amounts made available under this subsection shall be used to supplement and not supplant amounts being used on the date of enactment of this Act for activities of the types described in this section. SEC. 4. SUBSTANCE ABUSE FACULTY FELLOWSHIP. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish and administer a substance abuse faculty fellowship program under which the Secretary shall provide assistance to eligible institutions to enable such institutions to employ individuals to serve as faculty and provide substance abuse training in a multi-discipline manner. (b) Eligibility.-- (1) Institutions.--To be eligible to receive assistance under this section, an institution shall-- (A) be an accredited medical school or nursing school, or be an institution of higher education that offers one or more of the following-- (i) an accredited physician assistant program; (ii) an accredited nurse practitioner program; (iii) a graduate program in pharmacy; (iv) a graduate program in public health; (v) a graduate program in social work; or (vi) a graduate program in psychology; and (B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Individuals.--To be eligible to receive a fellowship from an eligible institution under this section, an individual shall prepare and submit to the institution an application at such time, in such manner, and containing such information as the institution may require. (c) Use of Funds.-- (1) In general.--An eligible institution shall utilize assistance received under this section to provide one or more fellowships to eligible individuals. Such assistance shall be used to pay not to exceed 50 percent of the annual salary of the individual under such a fellowship for a 5-year period. (2) Fellowships.--Under a fellowship under paragraph (1), an individual shall-- (A) devote a substantial number of teaching hours to substance abuse issues (as part of both required and elective courses) at the institution involved during the period of the fellowship; and (B) attempt to incorporate substance abuse issues into the required curriculum of the institution in a manner that is likely to be sustained after the period of the fellowship ends. Courses described in this paragraph should by taught as part of several different health care training programs at the institution involved. (3) Evaluations.--The Secretary shall conduct a process and outcome evaluation of the programs and activities carried out with amounts appropriated under this section and shall provide semi-annual reports to the Director of the Office of National Drug Control Policy and the Secretary of Health and Human Services. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $3,500,000 for each of the fiscal years 2002 through 2006. Amounts made available under this subsection shall be used to supplement and not supplant amounts being used on the date of enactment of this Act for activities of the types described in this section. SEC. 5. OVERSIGHT COMMITTEE. (a) In General.--The Director of the Office of National Drug Control Policy shall convene an interagency oversight committee, composed of representatives of the Health Resources and Services Administration, as well as the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism, the Substance Abuse and Mental Health Services Administration, and the National Institute on Mental Health, and non-governmental organizations determined to be experts in the field of substance abuse, to receive updates concerning and coordinate the Federal activities funded under this Act and the activities of various Federal agencies, toward the goal of educating health professionals about substance abuse. (b) Meetings.--The interagency oversight committee established under subsection (a) shall meet at least twice each year at the call of the Director of the Office of National Drug Control Policy.

Health Professionals Substance Abuse Education Act - Authorizes the Secretary of Health and Human Services to enter into interagency agreements with the Health Resources Services Administration (Association for Medical Education and Research in Substance Abuse Interdisciplinary Project) or the Substance Abuse and Mental Health Services Administration (Addiction Technology Transfer Centers counselor training programs) to carry out training activities for health professionals concerning the diagnosis, intervention, treatment, treatment referral, and prevention program advocacy with respect to substance abuse.Directs the Secretary to establish and administer a substance abuse faculty fellowship program to provide assistance to enable eligible institutions to employ individuals to serve as faculty and provide substance abuse training in a multi-disciplinary manner.Requires the Director of the Office of National Drug Control Policy to convene an interagency oversight committee to coordinate Federal activities concerning substance abuse training for health professionals.

To educate health professionals concerning substance abuse and addiction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) The American Society of Reproductive Medicine recognizes infertility as a disease, and the Centers for Disease Control and Prevention have described infertility as an emerging public health priority in the United States. Globally, the World Health Organization also formally recognizes infertility as a disease. (2) According to the Centers for Disease Control and Prevention, approximately 3,000,000 Americans suffer from infertility. (3) A portion of those 3,000,000 people are cancer survivors who were diagnosed as infants, children, or young adults. Their treatments included chemotherapy, radiation, and surgery which have led to irreparable damage to their reproductive systems. (4) Military families notably are also impacted by infertility as a result of lower extremity war injuries arising from the perils of modern warfare. For active duty individuals, frequent changes in permanent duty station, combat deployments, and training rotations complicate access to fertility treatments. In addition, active duty individuals or veterans have no coverage for in vitro fertilization (IVF) through their military health insurance and must pay out of pocket for those expenses, even within military treatment facilities. (5) For many, the cost of treatment for the disease of infertility is prohibitive. According to the American Society for Reproductive Medicine, the cost per cycle of IVF is approximately $12,500, and on average couples require at least 2 cycles. Many couples have to choose between their desire to establish a family and their future financial well-being. (6) Medical insurance coverage for infertility treatments is sparse and inconsistent at the State level. Only 8 States have passed laws to require comprehensive infertility coverage, and under those State laws employer-sponsored plans are exempt; therefore, coverage for treatments such as IVF is limited. According to Mercer's 2005 National Survey of Employer- Sponsored Health Plans, IVF was voluntarily covered by 19 percent of large employer-sponsored health plans and only 11 percent of small employer-sponsored health plans. Even in States with coverage mandates, out-of-pocket expenses for these treatments are significant. (7) According to the latest National Survey of Family Growth, African-American and Hispanic women are more likely to be infertile than Caucasian women, yet studies indicate that they are less likely to use infertility services. SEC. 3. CREDIT FOR CERTAIN INFERTILITY TREATMENTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 24 the following new section: ``SEC. 23A. CREDIT FOR CERTAIN INFERTILITY TREATMENTS. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified infertility treatment expenses paid or incurred during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount of the credit under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the dollar amount in effect under section 23(b)(1) for the taxable year, over ``(B) the aggregate amount of the credits allowed under subsection (a) for all preceding taxable years. ``(2) Income limitation.-- ``(A) In general.--The amount otherwise allowable as a credit under subsection (a) for any taxable year (determined after the application of paragraph (1) and without regard to this paragraph and subsection (c)) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable as-- ``(i) the amount (if any) by which the taxpayer's adjusted gross income exceeds the dollar amount in effect under clause (i) of section 23(b)(2)(A); bears to ``(ii) $40,000. ``(B) Determination of adjusted gross income.--For purposes of subparagraph (A), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is taken under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that reimbursement or other funds in compensation for such expense are received under any Federal, State, or local program. ``(C) Insurance reimbursement.--No credit shall be allowed under subsection (a) for any expense to the extent that payment for such expense is made, or reimbursement for such expense is received, under any insurance policy. ``(4) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55; over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year. ``(c) Carryforwards of Unused Credit.-- ``(1) Rule for years in which all personal credits allowed against regular and alternative minimum tax.--In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(4) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(3) Limitation.--No credit may be carried forward under this subsection to any taxable year after the 5th taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. ``(d) Qualified Infertility Treatment Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified infertility treatment expenses' means amounts paid or incurred for the treatment of infertility via in vitro fertilization if such treatment is-- ``(A) provided by a licensed physician, licensed surgeon, or other licensed medical practitioner, and ``(B) administered with respect to a diagnosis of infertility by a physician licensed in the United States. ``(2) Treatments in advance of infertility arising from medical treatments.--In the case of expenses incurred in advance of a diagnosis of infertility for fertility preservation procedures which are conducted prior to medical procedures that, as determined by a physician licensed in the United States, may cause involuntary infertility or sterilization, such expenses shall be treated as qualified infertility treatment expenses-- ``(A) notwithstanding paragraph (1)(B), and ``(B) without regard to whether a diagnosis of infertility subsequently results. Expenses for fertility preservation procedures in advance of a procedure designed to result in infertility or sterilization shall not be treated as qualified infertility treatment expenses. ``(3) Infertility.--The term `infertility' means the inability to conceive or to carry a pregnancy to live birth, including iatrogenic infertility resulting from medical treatments such as chemotherapy, radiation or surgery. Such term does not include infertility or sterilization resulting from a procedure designed for such purpose. ``(e) Eligible Individual.--For purposes of this section, the term `eligible individual' means an individual-- ``(1) who has been diagnosed with infertility by a physician licensed in the United States, or ``(2) with respect to whom a physician licensed in the United States has made the determination described in subsection (d)(2). ``(f) Filing Requirements.--Married taxpayers must file joint returns. Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.''. (b) Conforming Amendments.-- (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 24 the following new item: ``Sec. 23A. Credit for certain infertility treatments.''. (2) Section 23(c)(1) of such Code is amended by striking ``25D'' and inserting ``23A, 25D,''. (3) Section 25(e)(1)(C) of such Code is amended by inserting ``23A,'' before ``25D,''. (4) Section 1400C(d) of such Code is amended by striking ``section 25D'' and inserting ``sections 23A and 25D''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Family Act of 2013 - Amends the Internal Revenue Code to allow a tax credit for 50% of qualified infertility treatment expenses. Limits the dollar amount of such credit to $12,970 for taxable years beginning in 2013, with a phase-out of such credit for taxpayers based on adjusted gross income. Defines "qualified infertility treatment expenses" as amounts paid for the treatment of infertility via in vitro fertilization if such treatment is provided by a licensed physician, surgeon, or other medical practitioner and is administered with respect to a diagnosis of infertility by a physician licensed in the United States.

Family Act of 2013

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; 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 to and within, and the settlement of, the United States. SEC. 4. THEME STUDY. (a) In General.--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, 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. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: GARY SISCO, Secretary.

Authorizes the Secretary to enter into cooperative arrangements under this Act. Authorizes appropriations.

Peopling of America Theme Study Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Emergency Stabilization Fund Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since October 2007, the national unemployment rate has increased from 4.8 percent to 10.2 percent. (2) There are nearly 1,200 community colleges in the United States, educating over 11,700,000 students. (3) Community colleges provide access to affordable, quality education, and training opportunities. (4) Over the past year enrollment has increased at unprecedented levels at community colleges across the country. (5) Over the past year community colleges have either had to forestall hiring new staff or reduce staff because of budget shortfalls despite increased demand. (6) Due to increased enrollment and insufficient staffing, many individuals are not able to access the training they need to re-enter the workforce. SEC. 3. EMERGENCY FUNDING FOR COMMUNITY COLLEGES. (a) In General.--From the amounts appropriated under section 7 to carry out this section for a fiscal year, the Secretary of Education shall provide temporary emergency funding to States for such fiscal year in accordance with the formula described in subsection (b) to assist community colleges in maintaining, or hiring additional, faculty and staff. (b) Formula.--Of the amount appropriated under section 7-- (1) 66\2/3\ percent shall be allotted on the basis of the relative increase in unemployed individuals in each State compared to the total increase in unemployed individuals in all States; and (2) 33\1/3\ percent shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States. (c) Maintenance of Effort.-- (1) In general.--Each State shall maintain State support for community colleges in the State at least at the level of such support for the fiscal year immediately preceding the first fiscal year the State received funds under this section. (2) Waiver.--The Secretary may waive the requirements of this paragraph (1), if the Secretary determines that a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or an unforeseen and precipitous decline in the financial resources of the State. (d) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, other Federal and State funds that would otherwise be expended for assisting community colleges in maintaining, or hiring additional, faculty and staff. (e) Grants to Community Colleges.-- (1) In general.--Not later than 120 days after receiving funds under this section, each State shall use such funds to award grants, on a competitive basis, to community colleges located in the State to assist such colleges in maintaining current staff, or hiring additional, faculty and staff. (2) Grant amount.--In determining the amount of a grant to award to a community college under this section, a State shall take into account-- (A) the total number of students enrolled at the college; (B) the increase in the number of students enrolled at the college relative to the preceding academic year; and (C) the most recent monthly unemployment rate of the local area, as determined by the Secretary (in consultation with the Secretary of Labor), in which the college is located. (3) Application.--A community college desiring to receive a grant under this section shall submit an application to the State at such time, in such manner, and containing such information as the State may require, which shall include, at a minimum, information with respect to-- (A) the total number of students enrolled at the college; and (B) the increase in the number of students enrolled at the college relative to the preceding academic year. (f) Reports by States.--Each State shall, not later than 12 months after the date of the enactment of this Act, and annually thereafter for each fiscal year in which the State expends funds received under this section, submit to the Secretary a report that includes-- (1) a list of the community colleges that have received assistance from the funds; (2) the number of students served at such community colleges as a result of such assistance; (3) the number of faculty and staff maintained or hired at such community colleges as a result of such assistance; and (4) the amount of State support for community colleges in the State for the-- (A) fiscal year immediately preceding the first fiscal year the State received funds under this section; and (B) most recent fiscal year in which the State expended funds received under this section. (g) Report by the Secretary.--The Secretary shall submit to the authorizing committees an annual report that includes the information described in subsection (f). SEC. 4. GRANTS TO CAREER AND TECHNICAL COLLEGES. (a) In General.--From the amounts appropriated under section 7 to carry out this section, the Secretary shall award grants, on a competitive basis, to career and technical colleges located in any State to assist such colleges in maintaining, or hiring additional, faculty and staff. (b) Grant Amount.--In determining the amount of a grant to award to a career and technical college under this section, the Secretary shall take into account-- (1) the total number of students enrolled at the college; (2) the increase in the number of students enrolled at the college relative to the preceding academic year; and (3) the most recent monthly unemployment rate of the local area, as determined by the Secretary (in consultation with the Secretary of Labor), in which the college is located. (c) Application.--A career and technical college desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include, at a minimum, information with respect to-- (1) the total number of students enrolled at the college; and (2) the increase in the number of students enrolled at the college relative to the preceding academic year. SEC. 5. USES OF FUNDS. Each community college and career and technical college receiving a grant under this Act shall use the grant funds within 18 months of receipt of such funds to cover costs related to maintaining, or hiring additional, faculty and staff, including-- (1) faculty; (2) counselors; and (3) other staff to assist students in training to enter the workforce, as defined by the Secretary. SEC. 6. GAO REPORT. (a) Evaluation.--The Comptroller General of the United States shall conduct an evaluation of the grant programs carried out under sections 3 and 4, which shall include an evaluation of-- (1) the criteria the State or the Secretary used in awarding grants to community colleges and career and technical colleges; (2) the grant amounts awarded to community colleges and career and technical colleges; (3) the number of students served at such colleges as a result of such assistance; (4) the number of faculty and staff maintained or hired at such colleges as a result of such assistance; and (5) the amount of State support for community colleges in each State for the-- (A) fiscal year immediately preceding the first fiscal year the State received funds under this section; and (B) most recent fiscal year in which the State expended funds received under this section. (b) Report.--Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall report the results of the evaluation conducted under subsection (a) to the authorizing committees. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; LIMITATION ON AUTHORITY. (a) Authorization of Appropriations.--There are authorized to be appropriated $750,000,000 to carry out this Act, of which $50,000,000 shall be made available to carry out section 4. (b) Limitation on Authority.--Any new spending authority or new authority to enter into contracts provided by this Act and under which the United States is obligated to make outlays shall be effective only to the extent, and in such amounts, as are provided in advance in appropriations Acts. SEC. 8. DEFINITIONS. In this Act: (1) Authorizing committees.--The term ``authorizing committees'' has the meaning given such term in section 103(1) of the Higher Education Act of 1965 (20 U.S.C. 1003(1)). (2) Community college.--The term ``community college'' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree. (3) Increased unemployment.--The term ``increase in unemployed individuals'' means the increase in the number of unemployed individuals over the most recent 12-month period for which data are available. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Excess unemployment.--The term ``excess unemployment'' means the number of unemployed individuals in excess of the national unemployment rate. (6) Freely associated states.--The term ``Freely Associated States'' means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (7) National unemployment rate.--The term ``national unemployment rate'' means the most recent national unemployment rate published by the Bureau of Labor Statistics of the Department of Labor. (8) State.--The term ``State'' includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States. (9) Career and technical college.-- (A) Definition.--The term ``career and technical college''-- (i) has the meaning given the term ``area career and technical school'' in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)); and (ii) means a private institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree. (B) Location of colleges.--Such term shall only include career and technical colleges (as defined in subparagraph A) located in a State.

Community College Emergency Stabilization Fund Act - Directs the Secretary of Education to provide temporary emergency funding to states for use in awarding competitive grants to community colleges to assist them in maintaining, or hiring additional, staff. Allots such funding to states pursuant to a formula that takes into account each state's share of increased unemployment over the past 12 months and the extent to which its unemployment rate exceeds the national average. Directs the Secretary to award competitive grants to career and technical colleges to assist them in maintaining, or hiring additional, staff. Requires the states and the Secretary, when determining the amount of a grant to be awarded to a community college or career and technical college pursuant to this Act, to consider: (1) its student enrollment; (2) the increase in its enrollment over the preceding academic year; and (3) the most recent monthly unemployment rate in its locality. Requires the Comptroller General to conduct an evaluation this Act's grant programs and report its results to Congress.

To create jobs through the hiring of new faculty and counselors at community colleges.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Political Advertising Act of 2016''. SEC. 2. ALLOCATION TO POLITICAL CANDIDATES OF FREE BROADCAST TIME FOR POLITICAL ADVERTISING. (a) Condition of License Renewal.--Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ``; and (4) every television broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c)''. (b) Free Time Obligations.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) Each licensee for a television broadcasting station shall annually make available free broadcast time for political advertising in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. ``(2) A licensee subject to this subsection shall allot free broadcast time to each qualified political candidate in accordance with the following standards: ``(A) Such licensee shall allot an equal amount, but not less than 2 hours, of free broadcast time each even-numbered year to each qualified political candidate in a statewide or national election. In the case of a television station whose market does not encompass all of a congressional district, such licensee may apportion to each qualified candidate from such district a fraction of such 2 hours that is equal to the fraction of such district's population that resides within such market, as determined in accordance with regulations prescribed by the Commission. ``(B) The free broadcast time allotted to any candidate under subparagraph (A) shall be composed of units of varying lengths of not more than 5 minutes nor less than 10 seconds, as determined by negotiation between such candidate and the licensee. ``(C) The broadcast time allotted by any licensee shall be allotted so that-- ``(i) at least one-half is broadcast during the hours of 7:00 p.m. to 10:00 p.m.; ``(ii) during any election year, at least two- thirds is broadcast during the 2 months immediately preceding election day and at least one-half is broadcast during the 3 weeks immediately preceding election day; ``(iii) each qualified candidate is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other qualified candidates for the same office; and ``(iv) no broadcaster shall allot more than 4\1/2\ hours per week of free broadcast time for political advertising and, if the amount of time required to be allotted by this paragraph would exceed 4\1/2\ hours, the time required to be allotted each qualified candidate shall be reduced proportionately. ``(D) The broadcast time shall be used solely for programming consisting of unedited segments in which the candidate speaks directly to the camera. ``(3) A candidate shall be treated as a qualified political candidate for purposes of paragraph (2)(A) if the candidate's party, in the most recent statewide or national election, received more than 2 percent of the total number of votes. ``(4) A licensee allots free broadcast time as required by this subsection by broadcasting statements without remuneration or compensation in any form, whether by public or private funds, tax deduction or credit, or otherwise. ``(5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section.''. SEC. 3. CABLE BROADCASTING OF POLITICAL ADVERTISING. Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) A cable operator shall annually make available free cable time for political advertising in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same eligible political candidates, and subject to the same conditions as free broadcast time is required to be provided by television broadcast station licensees under section 315(c). No franchise authority shall renew the franchise of any cable operator that fails to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal.''.

Fairness in Political Advertising Act of 2016 This bill amends the Communications Act of 1934 to require television broadcasting station licensees and cable operators to make available annually free broadcast or cable time for political advertising. For political candidates in a statewide or national election whose parties received more than 2% of total votes in the most recent statewide or national election, the bill requires such television broadcast station licensees and cable operators to allot an equal amount (at least two hours) of free broadcast time each even-numbered year to each candidate. The bill also sets forth standards for allotting free broadcast time during the hours of 7:00 p.m. to 10:00 p.m., during specific periods before an election, and at comparable times of day and days of the week to candidates for the same office. Nothing in this bill, and no use of allotted free broadcast time, shall be construed to restrict a candidate's right to purchase other broadcast time.

Fairness in Political Advertising Act of 2016

SECTION 1. AMENDMENT TO FISA. Title III of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (Public Law 110-261) is amended by inserting at the end the following: ``SEC. 302. SUBSTITUTION OF THE UNITED STATES IN CERTAIN ACTIONS. ``(a) In General.-- ``(1) Certification.--Notwithstanding any other provision of law, a Federal or State court shall substitute the United States for an electronic communication service provider with respect to any claim in a covered civil action as provided in this subsection, if the Attorney General certifies to that court that-- ``(A) with respect to that claim, the assistance alleged to have been provided by the electronic communication service provider was-- ``(i) provided in connection with an intelligence activity involving communications that was-- ``(I) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and ``(II) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and ``(ii) described in a written request or directive from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider indicating that the activity was-- ``(I) authorized by the President; and ``(II) determined to be lawful; or ``(B) the electronic communication service provider did not provide the alleged assistance. ``(2) Substitution.-- ``(A) In general.--Except as provided in subparagraph (B), and subject to subparagraph (C), upon receiving a certification under paragraph (1), a Federal or State court shall-- ``(i) substitute the United States for the electronic communication service provider as the defendant as to all claims designated by the Attorney General in that certification, consistent with the procedures under rule 25(c) of the Federal Rules of Civil Procedure, as if the United States were a party to whom the interest of the electronic communication service provider in the litigation had been transferred; and ``(ii) as to that electronic communication service provider-- ``(I) dismiss all claims designated by the Attorney General in that certification; and ``(II) enter a final judgment relating to those claims. ``(B) Continuation of certain claims.--If a certification by the Attorney General under paragraph (1) states that not all of the alleged assistance was provided under a written request or directive described in paragraph (1)(A)(ii), the electronic communication service provider shall remain as a defendant. ``(C) Determination.-- ``(i) In general.--Substitution under subparagraph (A) shall proceed only after a determination by the Foreign Intelligence Surveillance Court that-- ``(I) the written request or directive from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider under paragraph (1)(A)(ii) complied with section 2511(2)(a)(ii)(B) of title 18, United States Code; ``(II) the assistance alleged to have been provided was undertaken by the electronic communication service provider acting in good faith and pursuant to an objectively reasonable belief that compliance with the written request or directive under paragraph (1)(A)(ii) was permitted by law; or ``(III) the electronic communication service provider did not provide the alleged assistance. ``(ii) Certification.--If the Attorney General submits a certification under paragraph (1), the court to which that certification is submitted shall-- ``(I) immediately certify the questions described in clause (i) to the Foreign Intelligence Surveillance Court; and ``(II) stay further proceedings in the relevant litigation, pending the determination of the Foreign Intelligence Surveillance Court. ``(iii) Participation of parties.--In reviewing a certification and making a determination under clause (i), the Foreign Intelligence Surveillance Court shall permit any plaintiff and any defendant in the applicable covered civil action to appear before the Foreign Intelligence Surveillance Court pursuant to section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803). ``(iv) Declarations.--If the Attorney General files a declaration under section 1746 of title 28, United States Code, that disclosure of a determination made pursuant to clause (i) would harm the national security of the United States, the Foreign Intelligence Surveillance Court shall limit any public disclosure concerning such determination, including any public order following such an ex parte review, to a statement that the conditions of clause (i) have or have not been met, without disclosing the basis for the determination. ``(D) Special rule.--Notwithstanding any other provision of this Act-- ``(i) in any matter in which the Foreign Intelligence Surveillance Court denies dismissal on grounds that the statutory defenses provided in title VIII of the Foreign Intelligence Surveillance Act of 1978 are unconstitutional, the Attorney General shall be substituted pursuant to this paragraph; and ``(ii) if a claim is dismissed pursuant to title VIII of the Foreign Intelligence Surveillance Act of 1978 prior to date of enactment of this section, the claim against the United States shall be tolled for the period during which the claim was pending and may be refilled against the United States pursuant to rule 60(b) of the Federal Rules of Civil Procedure after the date of enactment of this section. ``(3) Procedures.-- ``(A) Tort claims.--Upon a substitution under paragraph (2), for any tort claim-- ``(i) the claim shall be deemed to have been filed under section 1346(b) of title 28, United States Code, except that sections 2401(b), 2675, and 2680(a) of title 28, United States Code, shall not apply; and ``(ii) the claim shall be deemed timely filed against the United States if it was timely filed against the electronic communication service provider. ``(B) Constitutional and statutory claims.--Upon a substitution under paragraph (2), for any claim under the Constitution of the United States or any Federal statute-- ``(i) the claim shall be deemed to have been filed against the United States under section 1331 of title 28, United States Code; ``(ii) with respect to any claim under a Federal statute that does not provide a cause of action against the United States, the plaintiff shall be permitted to amend such claim to substitute, as appropriate, a cause of action under-- ``(I) section 704 of title 5, United States Code (commonly known as the Administrative Procedure Act); ``(II) section 2712 of title 18, United States Code; or ``(III) section 110 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1810); ``(iii) the statutes of limitation applicable to the causes of action identified in clause (ii) shall apply to any amended claim under that clause subject to the tolling requirements of paragraph (2)(D)(ii), and any such cause of action shall be deemed timely filed if any Federal statutory cause of action against the electronic communication service provider was timely filed; and ``(iv) for any amended claim under clause (ii) the United States shall be deemed a proper defendant under any statutes described in that clause, and any plaintiff that had standing to proceed against the original defendant shall be deemed an aggrieved party for purposes of proceeding under section 2712 of title 18, United States Code, or section 110 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1810). ``(C) Discovery.-- ``(i) In general.--In a covered civil action in which the United States is substituted as party-defendant under paragraph (2), any plaintiff may serve third-party discovery requests to any electronic communications service provider as to which all claims are dismissed. ``(ii) Binding the government.--If a plaintiff in a covered civil action serves deposition notices under rule 30(b)(6) of the Federal Rules of Civil Procedure or requests for admission under rule 36 of the Federal Rules of Civil Procedure upon an electronic communications service provider as to which all claims were dismissed, the electronic communications service provider shall be deemed a party-defendant for purposes rule 30(b)(6) or rule 36 and its answers and admissions shall be deemed binding upon the Government. ``(b) Certifications.-- ``(1) In general.--For purposes of substitution proceedings under this section-- ``(A) a certification under subsection (a) may be provided and reviewed in camera, ex parte, and under seal; and ``(B) for any certification provided and reviewed as described in subparagraph (A), the court shall not disclose or cause the disclosure of its contents. ``(2) Nondelegation.--The authority and duties of the Attorney General under this section shall be performed by the Attorney General or a designee in a position not lower than the Deputy Attorney General. ``(c) Sovereign Immunity.--This section, including any Federal statute cited in this section that operates as a waiver of sovereign immunity, constitute the sole waiver of sovereign immunity with respect to any covered civil action. ``(d) Civil Actions in State Court.--For purposes of section 1441 of title 28, United States Code, any covered civil action that is brought in a State court or administrative or regulatory bodies shall be deemed to arise under the Constitution or laws of the United States and shall be removable under that section. ``(e) Rule of Construction.--Except as expressly provided in this section, nothing in this section may be construed to limit any immunity, privilege, or defense under any other provision of law, including any privilege, immunity, or defense that would otherwise have been available to the United States absent its substitution as party- defendant or had the United States been the named defendant. ``(f) Effective Date and Application.--This section shall apply to any covered civil action pending on or filed after the date of enactment of this section.''.

Amends the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 to require a federal or state court to substitute the United States for an electronic communication service provider with respect to any claim in a covered civil action if the Attorney General certifies to the court that either: (1) the service provider did not provide the alleged assistance; or (2) the assistance alleged to have been provided was in connection with an intelligence activity involving communications authorized by the President between September 11, 2001, and January 17, 2007, and designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States. Requires the alleged provider assistance to be described in a written request or directive from the Attorney General or the head of an element of the intelligence community to the electronic communication service provider indicating that the activity was authorized by the President and determined to be lawful. Requires a federal or state court, upon receiving such a certification, to: (1) substitute the United States for the electronic communication service provider as the defendant as to all claims designated by the Attorney General in the certification; (2) dismiss all such designated claims against the provider; and (3) enter a final judgment relating to those claims. Provides that the electronic communication service provider shall remain as a defendant if the Attorney General's certification states that not all of the alleged assistance was provided under a written request or directive. Allows substitution only after a determination by the Foreign Intelligence Surveillance Court (after certification by the Attorney General) that the directive requesting provider assistance was lawful and that the assistance was provided in good faith of the lawfulness of the directive. Provides that, in a covered civil action in which the United States is substituted as a party-defendant, any plaintiff may serve third-party discovery requests to any electronic communications service provider as to which all claims are dismissed.

A bill to provide for the substitution of the United States in certain civil actions relating to electronic service providers and FISA.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Jackson Higgins Gold Medal Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Andrew Jackson Higgins was born on August 28, 1886, in Columbus, Nebraska, moved to New Orleans in 1910, and formed Higgins Industries on September 26, 1930. (2) Andrew Jackson Higgins designed, engineered, and produced the ``Eureka'', a unique shallow draft boat the design of which evolved during World War II into 2 basic classes of military craft: high speed PT boats, and types of Higgins landing craft (LCPs, LCPLs, LCVPs, LCMs and LCSs). (3) Andrew Jackson Higgins designed, engineered, and constructed 4 major assembly line plants in New Orleans for mass production of Higgins landing craft and other vessels vital to the Allied Forces' conduct of World War II. (4) Andrew Jackson Higgins bought the entire 1940 Philippine mahogany crop and other material purely at risk without a government contract, anticipating that America would join World War II and that Higgins Industries would need the wood to build landing craft. Higgins also bought steel, engines, and other material necessary to construct landing craft. (5) Andrew Jackson Higgins, through Higgins Industries, employed a fully integrated assembly line work force, black and white, male and female, of up to 30,000 during World War II, with equal pay for equal work. (6) In 1939, the United States Navy had a total of 18 landing craft in the fleet. (7) From November 18, 1940, when Higgins Industries was awarded its first contract for Higgins landing craft until the conclusion of the war, the employees of Higgins Industries produced 12,300 Landing Craft Vehicle Personnel (LCVP's) and nearly 8,000 other landing craft of all types. (8) During World War II, Higgins Industries employees produced 20,094 boats, including landing craft and Patrol Torpedo boats, and trained 30,000 Navy, Marine, and Coast Guard personnel on the safe operation of landing craft at the Higgins' Boat Operators School. (9) On Thanksgiving Day 1944, General Dwight D. Eisenhower stated in an address to the Nation: ``Let us thank God for Higgins Industries, management, and labor which has given us the landing boats with which to conduct our campaign.''. (10) Higgins landing craft, constructed of wood and steel, transported fully armed troops, light tanks, field artillery, and other mechanized equipment essential to amphibious operations. (11) Higgins landing craft made the amphibious assault on D-day and the landings at Leyte, North Africa, Guadalcanal, Sicily, Iwo Jima, Tarawa, Guam, and thousands of less well- known assaults possible. (12) Captain R.R.M. Emmett, a commander at the North Africa amphibious landing, and later commandant of the Great Lakes Training Station, wrote during the war: ``When the history of this war is finally written by historians, far enough removed from its present turmoil and clamor to be cool and impartial, I predict that they will place Mr. (Andrew Jackson) Higgins very high on the list of those who deserve the commendation and gratitude of all citizens.''. (13) In 1964, President Dwight D. Eisenhower told historian Steven Ambrose: ``He (Higgins) is the man who won the war for us. If Higgins had not developed and produced those landing craft, we never could have gone in over an open beach. We would have had to change the entire strategy of the war.''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The President is authorized, on behalf of Congress, to award a gold medal of appropriate design to-- (A) the family of Andrew Jackson Higgins, honoring Andrew Jackson Higgins (posthumously) for his contributions to the Nation and world peace; and (B) the D-day Museum in New Orleans, Louisiana, for public display, honoring Andrew Jackson Higgins (posthumously) and the employees of Higgins Industries for their contributions to the Nation and world peace. (2) Modalities.--The modalities of presentation of the medals under this Act shall be determined by the President after consultation with the Speaker of the House of Representatives, the Majority Leader of the Senate, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 2 gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medals struck under this Act, under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $60,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Authorizes appropriations.

Andrew Jackson Higgins Gold Medal Act

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The American Folklife Center in the Library of Congress was created by Congress in 1976, building on the vast expertise and archival material existing at the Library since 1928. (2) As an instrumentality of the Congress, it is fitting that the American Folklife Center should have a direct and close relationship with the representatives of the people, who are best able to oversee the ongoing activities of the Center to preserve and promote the cultural traditions of the people, and to ensure that the resources of the Center be readily available to all Americans. (3) In over 20 years since its creation, the American Folklife Center in the Library of Congress has-- (A) increased the size of the Archive of Folk Culture from 500,000 to 1,500,000 multi-format ethnographic items; (B) engaged in 15 cultural surveys and field documentation projects in all regions of the country; (C) provided publications, documentary equipment on loan, and advisory and reference service to persons and institutions in all 50 States; (D) produced exhibitions and other educational programs on American Folklife at the Library and around the country; (E) begun sharing its unique collections in digital form via the Internet; and (F) served as a national center for the professions of folklore, ethnomusicology, and cultural studies. (4) Congress has consistently provided encouragement and support of American Folklife as an appropriate matter of concern to the Federal Government, passing legislation to reauthorize the Center 8 times since its creation in 1976. (5) The American Folklife Center is the only unit in the Library of Congress which is not permanently authorized. Since its establishment in 1976, the Center's collections and activities have been fully and successfully integrated into the Library of Congress. It is useful to statutorily conform the American Folklife Center with the rest of the Library of Congress. (b) Purpose.--It is the purpose of this Act to authorize permanently the American Folklife Center in the Library of Congress to preserve and present American Folklife. SEC. 2. REAUTHORIZATION AND AMENDMENT. (a) Board of Trustees; Appointment and Compensation of Director; Elimination of Deputy Director Position.--Section 4 of the American Folklife Preservation Act (20 U.S.C. 2103) is amended-- (1) by striking subsection (b) and inserting the following: ``(b)(1) The Center shall be under the direction of a Board of Trustees. The Board shall be composed as follows-- ``(A) four members appointed by the President from among individuals who are officials of Federal departments and agencies concerned with some aspect of American Folklife traditions and arts; ``(B) four members appointed by the President pro tempore of the Senate from among individuals from private life who are widely recognized by virtue of their scholarship, experience, creativity, or interest in American Folklife traditions and arts, and four members appointed by the Speaker of the House of Representatives from among such individuals; ``(C) four members appointed by the Librarian of Congress from among individuals who are widely recognized by virtue of their scholarship, experience, creativity, or interest in American folklife traditions and arts; ``(D) the Librarian of Congress; ``(E) the Secretary of the Smithsonian Institution; ``(F) the Chairman of the National Endowment for the Arts; ``(G) the Chairman of the National Endowment for the Humanities; ``(H) the President of the American Folklore Society; ``(I) the President of the Society for Ethnomusicology; and ``(J) the Director of the Center. ``(2) In making appointments from private life under paragraph (1)(B), the President pro tempore of the Senate and the Speaker of the House of Representatives shall give due consideration to the appointment of individuals who collectively will provide appropriate diversity and regional balance on the Board. Not more than 3 of the members appointed by the President pro tempore of the Senate or by the Speaker of the House of Representatives may be affiliated with the same political party. ``(3) In making appointments under paragraph (1)(C), the Librarian of Congress shall include at least 2 members who direct or are members of the boards of major American folklife organizations other than the American Folklore Society and the Society for Ethnomusicology.''; (2) by striking subsection (d) and inserting the following: ``(d) Members of the Board shall serve without pay, but members who are not regular full-time employees of the United States may, at the discretion of the Librarian, be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Board.''; (3) in subsection (e)-- (A) in the fourth sentence of paragraph (1), by inserting ``currently serving'' after ``Board''; and (B) by adding at the end the following: ``(3) The Board shall meet at least once each fiscal year.''; (4) by striking subsection (f) and inserting the following: ``(f) After consultation with the Board, the Librarian shall appoint the Director of the Center. The basic pay of the Director shall be at an annual rate that is not less than an amount equal to 120% of the minimum rate of basic pay payable for GS-15 of the General Schedule nor more than an amount equal to the pay payable under level IV of the Executive Schedule under section 5315 of title 5.''; and (5) in subsection (g)-- (A) in paragraph (1), by striking the paragraph designation; and (B) by striking paragraph (2). (b) Administrative Provisions.--Section 7(a)(4) of the American Folklife Preservation Act (20 U.S.C. 2106(a)(4)) is amended by striking ``, but no individual so appointed shall receive compensation in excess of the rate received by the Deputy Director of the Center''. SEC. 3. PERMANENT AUTHORIZATION OF APPROPRIATIONS. Section 8 of the American Folklife Preservation Act (20 U.S.C. 2107) is amended to read as follows: ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Center to carry out this Act such sums as may be necessary for each fiscal year.''. SEC. 4. BOARD OF TRUSTEES, TRANSITION PERIOD. The term of office of members of the Board of Trustees appointed by the Librarian of Congress under the amendments made by section 2(a) shall be 6 years, except that-- (1) of the 4 members first appointed by the Librarian, 1 shall serve for a term of 2 years, 2 for a term of 4 years, and 1 for a term of 6 years; (2) any member appointed to fill a vacancy occurring prior to expiration of the term to which his or her predecessor was appointed shall be appointed for the remainder of such term; and (3) the terms of the Presidents of the American Folklore Society and the Society for Ethnomusicology shall be coterminous with their terms of office.

Amends the American Folklife Preservation Act to add the following individuals to the Board of Trustees of the American Folklife Center of the Library of Congress: (1) four members appointed by the Librarian of Congress from among individuals widely recognized by virtue of their scholarship, experience, creativity, or interest in American folklife traditions and arts; (2) the President of the American Folklore Society; and (3) the President of the Society for Ethnomusicology. Requires the President pro tempore of the Senate and the Speaker of the House of Representatives to give due consideration to the appointment of individuals who will provide diversity on the Board. Revises provisions regarding reimbursement of travel expenses. Requires Board members to serve without pay and authorizes members who are not regular full-time Federal employees, at the Librarian's discretion, to be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of Board duties. (Currently, such members are entitled to receive compensation at rates fixed by the Librarian of up to $100 per diem while serving on business and allowed travel expenses.) Requires the Board to meet at least once each fiscal year. Fixes the annual pay of the Center Director at a minimum of 120 percent of the minimum rate of pay for GS-15 of the General Schedule or a maximum of the pay under level IV of the Executive Schedule. (Currently, the Director's pay is not to exceed the annual rate for GS-18.) Eliminates the position of Deputy Director of the Center. Makes permanent the authorization of appropriations for the Center. Establishes a six-year term for Board members appointed by the Librarian under this Act, with exceptions.

A bill to amend the American Folklife Preservation Act to permanently authorize the American Folklife Center of the Library of Congress.

SECTION 1. DEFINITIONS FROM NUCLEAR WASTE POLICY ACT OF 1982. In this Act, the terms ``Commission'', ``disposal'', ``high-level radioactive waste'', ``repository'', ``Secretary'', ``State'', ``spent nuclear fuel'', and ``Yucca Mountain site'' have the meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). SEC. 2. APPLICATION PROCEDURES AND INFRASTRUCTURE ACTIVITIES. (a) Application.--Section 114(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)) is amended-- (1) by striking ``If the President'' and inserting the following: ``(1) In general.--If the President''; and (2) by adding at the end the following ``(2) Required information.--An application for construction authorization shall not be required to contain information relating to any surface facility other than surface facilities necessary for initial operation of the repository.''. (b) Application Procedures and Infrastructure Activities.--Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is amended-- (1) in the first sentence, by striking ``The Commission shall consider'' and inserting the following: ``(1) In general.--The Commission shall consider''; (2) by striking the last 2 sentences; and (3) by inserting after paragraph (1) (as designated by paragraph (1)) the following: ``(2) Amendments to application for construction authorization.-- ``(A) In general.--If the Commission approves an application for construction authorization and the Secretary submits an application to amend the authorization to obtain permission to receive and possess spent nuclear fuel and high-level radioactive waste, or to undertake any other action concerning the repository, the Commission shall consider the application using expedited, informal procedures, including discovery procedures that minimize the burden on the parties to produce documents that the Commission does not need to render a decision on an action under this section. ``(B) Final decision.--The Commission shall issue a final decision on whether to grant permission to receive and possess spent nuclear fuel and high-level radioactive waste, or on any other application, by the date that is 1 year after the date of submission of the application, except that the Commission may extend that deadline by not more than 180 days if, not less than 30 days before the deadline, the Commission complies with the reporting requirements under subsection (e)(2). ``(3) Infrastructure activities.-- ``(A) In general.--At any time before or after the Commission issues a final decision on an application from the Secretary for construction authorization under this subsection, the Secretary may undertake infrastructure activities that the Secretary determines to be necessary or appropriate to support construction or operation of a repository at the Yucca Mountain site or transportation to the Yucca Mountain site of spent nuclear fuel and high level radioactive waste, including infrastructure activities such as-- ``(i) safety upgrades; ``(ii) site preparation; ``(iii) the construction of a rail line to connect the Yucca Mountain site with the national rail network, including any facilities to facilitate rail operations; and ``(iv) construction, upgrade, acquisition, or operation of electrical grids or facilities, other utilities, communication facilities, access roads, rail lines, and non-nuclear support facilities. ``(B) Compliance.-- ``(i) In general.--The Secretary shall comply with all applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an infrastructure activity undertaken under this paragraph. ``(ii) EIS.--If the Secretary determines that an environmental impact statement or similar analysis under the National Environmental Policy Act of 1969 is required in connection with an infrastructure activity undertaken under this paragraph, the Secretary shall not be required to consider the need for the action, alternative actions, or a no-action alternative. ``(iii) Other agencies.-- ``(I) In general.--To the extent that a Federal agency is required to consider the potential environmental impact of an infrastructure activity undertaken under this paragraph, the Federal agency shall adopt, to the maximum extent practicable, an environmental impact statement or similar analysis prepared under this paragraph without further action. ``(II) Effect of adoption of statement.--Adoption of an environmental impact statement or similar analysis described in subclause (I) shall be considered to satisfy the responsibilities of the adopting agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and no further action for the activity covered by the statement or analysis shall be required by the agency. ``(C) Denials of authorization.--The Commission may not deny construction authorization, permission to receive and possess spent nuclear fuel or high-level radioactive waste, or any other action concerning the repository on the ground that the Secretary undertook an infrastructure activity under this paragraph.''. (c) Connected Actions.--Section 114(f)(6) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(f)(6)) is amended-- (1) by striking ``or''; and (2) by inserting before the period at the end the following: ``, or an action connected or otherwise relating to the repository, to the extent the action is undertaken outside the geologic repository operations area and does not require a license from the Commission''. (d) Expedited Authorizations.--Section 120 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10140) is amended-- (1) in subsection (a)(1)-- (A) in the first sentence, by inserting ``, or the conduct of an infrastructure activity,'' after ``repository''; (B) by inserting ``, State, local, or tribal'' after ``Federal'' each place it appears; and (C) in the second sentence, by striking ``repositories'' and inserting ``a repository or infrastructure activity''; (2) in subsection (b), by striking ``, and may include terms and conditions permitted by law''; and (3) by adding at the end the following: ``(c) Failure to Grant Authorization.--An agency or officer that fails to grant authorization by the date that is 1 year after the date of receipt of an application or request from the Secretary subject to subsection (a) shall submit to Congress a written report that explains the reason for not meeting that deadline or rejecting the application or request. ``(d) Treatment of Actions.--For the purpose of applying any Federal, State, local, or tribal law or requirement, the taking of an action relating to a repository or an infrastructure activity shall be considered to be-- ``(1) beneficial, and not detrimental, to the public interest and interstate commerce; and ``(2) consistent with the public convenience and necessity.''. SEC. 3. REGULATORY REQUIREMENTS. (a) Material Requirements.--Notwithstanding any other provision of law, no Federal, State, interstate, or local requirement, either substantive or procedural, that is referred to in section 6001(a) of the Solid Waste Disposal Act (42 U.S.C. 6961(a)), applies to-- (1) any material owned by the Secretary, if the material is transported or stored in a package, cask, or other container that the Commission has certified for transportation or storage of that type of material; or (2) any material located at the Yucca Mountain site for disposal, if the management and disposal of the material is subject to a license issued by the Commission. (b) Permits.-- (1) In general.--The Environmental Protection Agency shall be the permitting agency for purposes of issuing, administering, or enforcing any new or existing air quality permit or requirement applicable to a Federal facility that is subject to the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.). (2) State and local activity.--A State or unit of local government shall not issue, administer, or enforce a new or existing air quality permit or requirement affecting a Federal facility or activity that is subject to the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.). SEC. 4. CONFIDENCE IN AVAILABILITY OF WASTE DISPOSAL. Notwithstanding any other provision of law, in deciding whether to permit the construction or operation of a nuclear reactor or any related facilities, the Commission shall deem, without further consideration, that sufficient capacity will be available in a timely manner to dispose of the spent nuclear fuel and high-level radioactive waste resulting from the operation of the reactor and related facilities.

Amends the Nuclear Waste Policy Act of 1982 regarding Yucca Mountain site application procedures to provide that an application for construction authorization shall not be required to contain information relating to any surface facility other than those necessary for initial operation of the repository. Revises requirements governing Nuclear Regulatory Commission (NRC) actions on construction applications and infrastructure activities. Includes infrastructure activities within the scope of expedited authorizations. Declares specified federal, state, or local regulatory requirements referred to in the Solid Waste Disposal Act inapplicable to: (1) material owned by the Secretary of Energy if it is transported or stored in an NRC-certified package, cask, or other container for transportation or storage of that type of material; or (2) material located at the Yucca Mountain site for disposal, if its management and disposal is subject to an NRC license. Prohibits a state or local governmental entity from issuing, administering, or enforcing a new or existing air quality permit or requirement affecting a federal facility or activity subject to the Nuclear Waste Policy Act of 1982. Instructs the NRC, in deciding whether to permit the construction or operation of a nuclear reactor or any related facilities, to deem, without further consideration, that sufficient capacity will be available in a timely manner to dispose of the spent nuclear fuel and high-level radioactive waste resulting from the operation of the reactor and related facilities.

A bill to enhance the management and disposal of spent nuclear fuel and high-level radioactive waste, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) Drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including on the Southern Ute Indian Reservation in southwestern Colorado. (2) A report of the General Accounting Office from 2006 identified significant issues with the Pine River Indian Irrigation Project, including that key facilities of the Pine River Indian Irrigation Project are severely deteriorated and barely, if at all, operable. (3) Operations and maintenance fees are not sufficient to address the Pine River Indian Irrigation Project's condition, even though the Bureau of Indian Affairs has sought to double those fees, from $8.50 to $17.00, in recent years. (4) The 2006 General Accounting Office report also notes that a prior study done by the Bureau of Reclamation found that water users could not even afford to pay the lower operations and maintenance fees of $8.50 and operate a profitable farming operation. (5) The benefits of rehabilitating and repairing the Pine River Indian Irrigation Project's irrigation infrastructure include-- (A) water conservation; (B) extending available water supply; (C) increasing agricultural production; (D) economic benefits; (E) safer facilities; and (F) preserving the culture of the Southern Ute Indian Tribe. (6) While the Pine River Indian Irrigation Project is currently managed by the Bureau of Indian Affairs, the Southern Ute Indian Tribe also receives water from facilities owned or operated by the Bureau of Reclamation. (7) Rehabilitation and repair of the Pine River Indian Irrigation Project's infrastructure by the Bureau of Reclamation would improve-- (A) overall water management; and (B) the ability of the Southern Ute Indian Tribe and the Bureau of Reclamation to address potential water conflicts. SEC. 2. DEFINITIONS. In this Act-- (1) Project.--The term ``project'' means the Pine River Indian Irrigation Project. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Colorado. (4) Tribal council.--The term ``Tribal Council'' means the Southern Ute Indian Tribal Council. (5) Tribe.--The term ``Tribe'' means the Southern Ute Indian Tribe. SEC. 3. PROJECT INFRASTRUCTURE STUDY. (a) Study.--The Secretary, in consultation with the Tribe, shall conduct a study of the project's irrigation infrastructure. (b) Improvements.-- (1) List.--Based on the results of the study required under subsection (a), the Secretary, in consultation with the Tribe, shall develop a list of improvements to repair, rehabilitate, or reconstruct the project over a 10-year period. The list shall include cost-estimates for each improvement. (2) Priority.--In developing the list of improvements, the Secretary shall prioritize the improvements based on-- (A) recommendations of the Tribe; (B) cost-benefit analyses; (C) the ability of the project's users to irrigate agricultural land using the project's irrigation infrastructure; (D) the effect on the conservation of water; (E) the cultural benefits that the improvements would have on the Tribe; and (F) the opportunity to address water supply or environmental conflicts. (c) Consultation.--The Secretary may consult with the Director of the Bureau of Indian Affairs and any other local or Federal official to assist developing the study or list of improvements. (d) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Tribe a report including-- (1) the list of improvements required under subsection (b); and (2) any findings the Secretary determines relevant. (e) Biennial Review.--Not later than 2 years after the date on which the Secretary submits the report under subsection (d), and biennially thereafter, the Secretary, in consultation with the Tribe, shall-- (1) review the report; and (2) update the list of improvements in accordance with subsection (b)(2) as the Secretary determines to be appropriate. SEC. 4. IRRIGATION INFRASTRUCTURE GRANTS AND COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may provide grants to, and enter into cooperative agreements with, the Tribe in order to repair, rehabilitate, reconstruct, or replace the project's irrigation infrastructure. (b) Limitation.--A grant or cooperative agreement under this section shall not be used for-- (1) the repair, rehabilitation, or reconstruction of any major impoundment structure; or (2) any on-farm improvements. (c) Consultation.--In carrying out a grant or cooperative agreement under subsection (a), the Secretary shall-- (1) consult with, and obtain the approval of, the Tribe; (2) consult with the Director of the Bureau of Indian Affairs; and (3) as appropriate, coordinate the project with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. (d) Cost-Sharing.--The Secretary may require that to be eligible for a grant or cooperative agreement under this section, the Tribe shall provide matching, non-Federal funds in an amount equal to not less than 25 percent of the total amount of the grant or cooperative agreement. SEC. 5. FEDERAL AND STATE LAW. Nothing in this Act-- (1) affects the right of the Tribe to receive, divert, store, or claim a right to water, including the priority of right and the quantity of water associated with the water right under Federal or State law; or (2) preempts or affects-- (A) State water law; or (B) an interstate compact relating to the allocation of water. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Study.--There is authorized to be appropriated to carry out section 3 $4,000,000. (b) Projects.--There is authorized to be appropriated to carry out section 4 $10,000,000 for each of fiscal years 2010 through 2015.

Directs the Secretary of the Interior to study the irrigation infrastructure of the Pine River Indian Irrigation Project, Colorado, and develop a list of improvements to repair, rehabilitate, or reconstruct the Project over a 10-year period. Requires the Secretary to prioritize improvements based on: (1) recommendations of the Southern Ute Indian Tribe; (2) cost-benefit analyses; (3) the ability of the Project's users to irrigate agricultural land using the Project's irrigation infrastructure; (4) the effect on water conservation; (5) the cultural benefits that the improvements would have on the Tribe; and (6) the opportunity to address water supply or environmental conflicts. Authorizes the Secretary to provide grants to, and enter into cooperative agreements with, the Tribe in order to repair, rehabilitate, reconstruct, or replace the Project's irrigation infrastructure. Prohibits such a grant or agreement from being used for the repair, rehabilitation, or reconstruction of any major impoundment structure or for on-farm improvements. Requires the Secretary, in carrying out a grant or cooperative agreement, to: (1) consult with the Tribe and the Director of the Bureau of Indian Affairs (BIA) and obtain the Tribe's approval; and (2) coordinate the project with any work being conducted under the BIA's irrigation operations and maintenance program. Authorizes the Secretary to require the Tribe to provide nonfederal funds to match not less than 25% of the total amount of a grant or agreement.

To direct the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation Project in the State of Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghan Women and Girls Security Promotion Act of 2012''. SEC. 2. STRATEGY FOR PROMOTING THE SECURITY OF AFGHAN WOMEN AND GIRLS DURING THE SECURITY TRANSITION PROCESS. (a) Findings.--Congress makes the following findings: (1) According to the Department of Defense's April 2012 Report on Progress Toward Security and Stability in Afghanistan: (A) ``U.S. and coalition forces will continue to degrade the Taliban-led insurgency in order to provide time and space to increase the capacity of the Afghan National Security Forces and the Afghan Government so they can assume full responsibility for Afghanistan's security by the end of 2014.''. (B) ``Transition to Afghan security lead began in July 2011 and transition to full Afghan security responsibility will be complete country-wide by the end of 2014.''. (C) ``The security of the Afghan people and the stability of the government are used to judge provincial readiness to move to each successive stage of transition implementation.''. (D) For each area designated for transition, a transition implementation plan is developed by the Government of Afghanistan, NATO, and ISAF and approved by the Joint Afghan-NATO Inteqal Board (JANIB). JANIB is also responsible for recommending areas to enter and exit the transition process. (2) According to a 2002 study on Women, Peace and Security submitted by the Secretary-General of the United Nations pursuant to Security Council resolution 1325 (2000), ``the suspension of or restriction on women's enjoyment of their human rights'' can act as an early-warning indicator of impending or renewed conflict. In Afghanistan, restrictions on women's mobility and rights can signal the presence of extremist or insurgent elements in a community. (3) The security of Afghan women and girls in areas undergoing security transitions will be an important gauge of the transition strategy's success. Indicators by which to measure women's security include the mobility of women and girls, the participation of women in local government bodies, the rate of school attendance for girls, women's access to government services, and the prevalence of violence against women. (4) Maintaining and improving physical security for Afghan women and girls throughout the country is critical in order for women and girls to take advantage of opportunities in education, commerce, politics, and other areas of public life, which in turn is essential for the future stability and prosperity of Afghanistan. (5) Women who serve as public officials at all levels of the Government of Afghanistan face serious threats to their personal security and that of their families. Many female officials have been the victims of violent crimes, but they are generally not afforded official protection by the Government of Afghanistan or security forces. (6) Protecting the security and human rights of Afghan women and girls requires the involvement of Afghan men and boys through education about the important benefits of women's full participation in social, economic, and political life. Male officials and security personnel can play a particularly important role in supporting and protecting women and girls. (7) The Chicago Summit Declaration issued by NATO in May 2012 states: ``As the Afghan National Police further develop and professionalize, they will evolve towards a sustainable, credible, and accountable civilian law enforcement force that will shoulder the main responsibility for domestic security. This force should be capable of providing policing services to the Afghan population as part of the broader Afghan rule of law system.''. (8) Women face significant barriers to full participation in the ANA and ANP, including a discriminatory or hostile work environment and the lack of separate facilities designed for female personnel. (9) As of September 2012, female recruitment and retention rates for the Afghan National Security Forces are far below published targets, as follows: (A) Approximately 1,700 women serve in the Afghan National Security Forces, or less than half of one percent of the total force. (B) In 2010, President Hamid Karzai announced plans to recruit and train 5,000 women in the Afghan National Police, or approximately 3 percent of the force, by 2014. Currently, there are approximately 1,370 women in the ANP, or 0.87 percent of the police force. (C) Approximately 350 women currently serve in the Afghan National Army, representing only 0.17 percent of the force. The Government of Afghanistan has said that its goal is to achieve a force that is 10 percent female. As of May 2012, approximately 3 percent of new ANA recruits were women. (10) Male security personnel often do not respond to threats or incidences of violence against women, particularly at the local level. They largely lack the training and understanding needed to respond appropriately and effectively to situations involving women. According to the Department of Defense's April 2012 Report on Progress Toward Security and Stability in Afghanistan: (A) The Afghan Ministry of Defense ``lacks the combination of policies, procedures, and execution to promote opportunity and fair and respectful treatment of women in the force''. (B) The Afghan Ministry of Interior ``faces significant challenges in fully integrating and protecting women in the ANP workforce, especially among operational units at the provincial and district levels''. (C) In the Afghan National Police, ``Many Provincial Headquarters Commanders do not accept policewomen, as they prefer male candidates and lack adequate facilities to support females.''. (D) ``While women are greatly needed to support police operations, a combination of cultural impediments, weak recruitment, and uneven application of policies hinder significant progress.''. (E) ``Although stronger documentation, implementation, and enforcement of policies, procedures, and guidance to better integrate women will help, time will be needed to change the cultural mores that form the basis of many of the current impediments.''. (11) The United States, the North American Treaty Organization, and United States coalition partners have made firm commitments to support the human rights of the women and girls of Afghanistan, as evidenced by the following actions: (A) According to the United States National Action Plan on Women, Peace and Security, ``integrating women and gender considerations into peace-building processes helps promote democratic governance and long-term stability,'' which are key United States strategic goals in Afghanistan. (B) The National Action Plan also states that ``the engagement and protection of women as agents of peace and stability will be central to United States efforts to promote security, prevent, respond to, and resolve conflict, and rebuild societies.'' This policy applies to United States Government efforts in Afghanistan, where addressing the security vulnerabilities of Afghan women and girls during the period of security transition is an essential step toward long-term stability. (C) The Chicago Summit Declaration issued by NATO in May 2012 states: ``We emphasize the importance of full participation of all Afghan women in the reconstruction, political, peace and reconciliation processes in Afghanistan and the need to respect the institutional arrangements protecting their rights. We remain committed to the implementation of United Nations Security Council Resolution (UNSCR) 1325 on women, peace and security. We recognize also the need for the protection of children from the damaging effects of armed conflict as required in relevant UNSCRs.''. (12) The Strategic Partnership Agreement signed between the United States and Afghanistan by President Obama and President Karzai in June 2012 states, ``Consistent with its Constitution and international obligations, Afghanistan shall ensure and advance the essential role of women in society, so that they may fully enjoy their economic, social, political, civil and cultural rights.''. (b) Strategy To Promote Security of Afghan Women.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in concurrence with the Secretary of State, shall submit to the appropriate congressional committees a strategy to be implemented by the Department of Defense, working with the NATO Training Mission Afghanistan (NTM-A) and Afghan partners, to promote the security of Afghan women during the security transition process. (2) Elements.--The strategy required under paragraph (1) shall include the following elements: (A) A strategy to monitor and respond to changes in women's security conditions in areas undergoing transition, including the following actions: (i) Seeking to designate a Civilian Impact Advisor on the Joint Afghan-NATO Inteqal Board (JANIB) to assess the impact of transition on male and female civilians and ensure that efforts to protect women's rights and security are included in each area's transition implementation plan. (ii) Reviewing existing indicators against which sex-disaggregated data is collected and, if necessary, developing additional indicators, to ensure the availability of data that can be used to measure women's security, such as-- (I) the mobility of women and girls; (II) the participation of women in local government bodies; (III) the rate of school attendance for girls; (IV) women's access to government services; and (V) the prevalence of violence against women; and incorporating those indicators into ongoing efforts to assess overall security conditions during the transition period. (iii) Integrating assessments of women's security into current procedures used to determine an area's readiness to proceed through the transition process. (iv) Working with Afghan partners, coalition partners, and relevant United States Government departments and agencies to take concrete action to support women's rights and security in cases of deterioration in women's security conditions during the transition period. (B) A strategy to increase gender awareness and responsiveness among Afghan National Army and Afghan National Police personnel, including the following actions: (i) Working with Afghan and coalition partners to utilize training curricula and programming that addresses the human rights of women and girls, appropriate responses to threats against women and girls, and appropriate behavior toward female colleagues and members of the community; assessing the quality and consistency of this training across regional commands; and assessing the impact of this training on trainee behavior. (ii) Working with national and local ANA and ANP leaders to develop and utilize enforcement and accountability mechanisms for ANA and ANP personnel who violate codes of conduct related to the human rights of women and girls. (iii) Working with Afghan and coalition partners to implement the above tools and develop uniform methods and standards for training and enforcement among coalition partners and across regions. (C) A strategy to increase the number of female members of the ANA and ANP, including the following actions: (i) Providing, through consultation with Afghan partners, realistic and achievable objectives for the recruitment and retention of women to the ANA and ANP by the end of the security transition period in 2014. (ii) Working with national and local ANA and ANP leaders and coalition partners to address physical and cultural challenges to the recruitment and retention of female ANA and ANP personnel, including through targeted recruitment campaigns, expanded training and mentorship opportunities, parity in pay and promotion rates with male counterparts, and availability of facilities for female personnel. (iii) Working with national and local ANA and ANP leaders to increase understanding about the unique ways in which women members of the security forces improve the force's overall effectiveness. (iv) Working with national and local ANA and ANP leaders to develop a plan for maintaining and increasing the recruitment and retention of women in the ANA and ANP following the completion of the security transition. (3) Report.--The Secretary of Defense shall include in each report on progress toward security and stability in Afghanistan that is submitted to Congress under sections 1230 and 1231 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385, 390) a section describing actions taken to implement the strategy required under this subsection. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

Afghan Women and Girls Security Promotion Act of 2012 - Directs the Secretary of Defense to submit to the congressional defense and foreign relations committees a Department of Defense (DOD) strategy to promote the security of Afghan women during the security transition process. Requires such strategy to include a strategy to: (1) monitor and respond to changes in women's security conditions in areas undergoing transition, (2) increase gender awareness and responsiveness among Afghan National Army (ANA) and Afghan National Police (ANP) personnel, and (3) increase the number of female members of the ANA and ANP. Directs the Secretary to include in each report on progress toward security and stability in Afghanistan (as required under the National Defense Authorization Act for Fiscal Year 2008) a description of actions taken to implement the above strategy.

A bill to require the Department of Defense to develop a strategy to promote the security of Afghan women and girls during the security transition process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Capital Express Act of 2010''. SEC. 2. WORKING CAPITAL EXPRESS PROGRAM. (a) Program Established.-- (1) Working capital express program.--Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) is amended by adding at the end the following: ``(G) Working capital express program in response to economic crisis.-- ``(i) Loan guarantees.--The Administrator may guarantee loans for working capital under the Express Loan Program made by lenders designated in accordance with clause (iii)(I) to small business concerns that have been in business for not less than 2 years before the date on which the small business concern submits an application for a loan under this subparagraph. ``(ii) Loan terms.-- ``(I) Amount.--Notwithstanding subparagraph (D), the Administrator may guarantee a loan of not more than $750,000 under this subparagraph. ``(II) Guarantee rate.-- Notwithstanding subparagraph (A)(iii), the guarantee rate for a loan under this subparagraph shall be 80 percent. ``(iii) Program safeguards.-- ``(I) Eligibility.--The Administrator shall, by rule, establish criteria for the designation of lenders that are eligible to make a loan guaranteed under this subparagraph. ``(II) Underwriting standards.--The Administrator shall, by rule, establish underwriting standards for loans guaranteed under this subparagraph, to ensure that the Administrator may guarantee new loans under this subparagraph until December 1, 2011. The standards established under this subclause shall require the borrower to submit income tax returns to provide verification of business income. ``(III) Default and delinquency rates.--The Administrator shall-- ``(aa) by rule establish maximum default and delinquency rates permissible for loans made under this subparagraph; and ``(bb) suspend the eligibility to make a loan guaranteed under this subparagraph of any lender that has a default or delinquency rate grater than the rate established under item (aa). ``(IV) Penalties for fraud.-- Notwithstanding section 16, a lender that knowingly makes a false statement with respect to the income, assets, or other qualifications of a small business concern in connection with a loan or application for a loan guaranteed under this subparagraph shall be fined not more than $500,000, imprisoned for not more than 5 years, or both. ``(iv) Authority of participating lenders.--A lender designated in accordance with clause (iii) shall have the same authority with respect to the underwriting and liquidation of a loan guaranteed under this subparagraph as a lender participating in the Certified Lenders Program under paragraph (19). ``(v) Payment of claims by the administrator.--The Administrator shall pay a claim by a lender on a guarantee of a loan by the Administrator under this subparagraph, unless the Administrator determines that-- ``(I) the lender has committed fraud with respect to the loan; or ``(II) there is a material error in the loan origination, servicing, or liquidation process. ``(vi) Total amount of loans.--Not more than 20 percent of the total dollar amount of all loans guaranteed under this subsection in any fiscal year may be loan guarantees under this subparagraph. ``(vii) Default rate.--The Administrator shall calculate the default rate for loans guaranteed under this subparagraph separately from the default rate for any other loans made or guaranteed by the Administration. ``(viii) Self-screening website.--The Administrator shall establish a website to allow the owners and operators of small business concerns to assess their eligibility to obtain loans guaranteed under this subparagraph.''. (2) Conforming amendment.--Section 7(a)(25)(B) of the Small Business Act (15 U.S.C. 636(a)(25)(B)) is amended by inserting ``, and does not include loans under paragraph (31)(G)'' after ``by law''. (b) Prospective Repeal.-- (1) In general.--Effective December 1, 2011, section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (A) in paragraph (25)(B), by striking ``, and does not include loans under paragraph (31)(G)''; and (B) in paragraph (31), by striking subparagraph (G). (2) Penalties.--Notwithstanding paragraph (1), subclause (IV) of section 7(a)(31)(G)(iii) of the Small Business Act, as added by this Act, shall continue to apply on and after December 1, 2011, to loans guaranteed under section 7(a)(31)(G) of the Small Business Act.

Working Capital Express Act of 2010 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee loans for working capital made by lenders under the SBA's Express Loan Program to small businesses in operation for at least two years. Provides loan terms, including a guarantee limit of $750,000 for each small business. Directs the Administrator to: (1) establish maximum default and delinquency rates for such loans; and (2) suspend the eligibility to make such loans in the case of any lender with a default or delinquency rate in excess of such rates.

A bill to establish a temporary Working Capital Express loan guarantee program for small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for the 21st Century (E- 21) Act''. SEC. 2. PURPOSE. It is the purpose of this Act to enable America's schools to use their computer hardware to increase student achievement and prepare students for the 21st century workplace. SEC. 3. FINDINGS. Congress makes the following findings: (1) Establishing computer literacy programs for students will help ensure that our children are receiving the skills needed for advanced education and for securing employment in the 21st century. (2) Computer literacy skills, such as information gathering, critical analysis and communication with the latest technology, build upon the necessary basics of reading, writing, mathematics, and other core subject areas. (3) According to a study conducted by the Educational Testing Service (ETS), eighth grade mathematics students whose teachers used computers for simulations and applications outperformed students whose teachers did not use such educational technology. (4) Although an ever increasing amount of schools are obtaining the latest computer hardware, schools will not be able to take advantage of the benefits of computer-based learning unless teachers are effectively trained in the latest educational software applications. (5) The Educational Testing Service (ETS) study showed that students whose teachers received training in computers performed better than other students. The study also found that schools that provide teachers with professional development in computers enjoyed higher staff morale and lower absenteeism rates. (6) Some of the most exciting applications in educational technology are being developed not only by commercial software companies, but also by secondary school and college students. The fruit of this academic talent should be channeled more effectively to benefit our Nation's elementary and secondary schools. SEC. 4. COMPUTER LITERACY CHALLENGE. (a) Grants Authorized.-- (1) In general.--The Secretary of Education is authorized to award grants to States that integrate into the State curriculum the goal of making all middle school graduates in the State technology literate. (2) Priority.--The Secretary shall give preference in awarding grants under this section to States which place a priority on training middle school teachers. (b) Uses.--Grants awarded under this section shall be used for teacher training in technology, with an emphasis on programs that prepare 1 or more teachers in each elementary, middle, and secondary school in the State to become technology leaders who then serve as experts and train other teachers. (c) Matching Funds.--Each State shall encourage schools that receive assistance under this section to provide matching funds, with respect to the cost of teacher training in technology to be assisted under this section, in order to enhance the impact of the teacher training and to help ensure that all middle school graduates in the State are computer literate. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of the fiscal years 2000 through 2004. SEC. 5. HIGH-QUALITY EDUCATIONAL SOFTWARE FOR ALL SCHOOLS. (a) Competition Authorized.--The Secretary of Education is authorized to award grants, on a competitive basis, to secondary school and college students working with university faculty, software developers, and experts in educational technology for the development of high-quality educational software and Internet web sites by such students, faculty, developers, and experts. (b) Recognition.-- (1) In general.--The Secretary of Education shall recognize outstanding educational software and Internet web sites developed with assistance provided under this section. (2) Certificates.--The President is requested to, and the Secretary shall, issue an official certificate signed by the President and Secretary, to each student and faculty member who develops outstanding educational software or an Internet web site recognized under this section. (c) Focus.--The educational software or Internet web sites that are recognized under this section shall focus on core curriculum areas. (d) Priority.-- (1) First year.--For the first year that the Secretary awards grants under this section, the Secretary shall give priority to awarding grants for the development of educational software or Internet web sites in the areas of mathematics, science, and reading. (2) Second and third years.--For the second and third years that the Secretary awards grants under this section, the Secretary shall give priority to awarding grants for the development of educational software or Internet web sites in the areas described in paragraph (1) and in social studies, the humanities, and the arts. (e) Judges.--The Secretary shall designate official judges to recognize outstanding educational software or Internet web sites assisted under this section. (f) Downloading.--Educational software recognized under this section shall be made available to local educational agencies for free downloading from the Department of Education's Internet web site. Internet web sites recognized under this section shall be accessible to any user of the World Wide Web. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2000 through 2004.

Education for the 21st Century (E-21) Act - Establishes assistance programs for middle school computer literacy and for high-quality educational software for all schools. (Sec. 4) Authorizes the Secretary of Education to award grants to States that integrate into the State curriculum the goal of making all middle school graduates in the State technology literate. Requires preference to be given to States which place a priority on training middle school teachers. Requires such grants to be used for teacher training in technology, with an emphasis on programs that prepare one or more teachers in each middle school in the State to become technology leaders who then serve as experts and train other teachers. Directs States to encourage schools that receive such assistance to provide matching funds. Authorizes appropriations. (Sec. 5) Authorizes the Secretary to award competitive grants to secondary school and college students working with university faculty, software developers, and experts in educational technology for the development of high-quality educational software and Internet web sites by such students, faculty, developers, and experts. Directs the Secretary to: (1) recognize outstanding educational software and Internet web sites developed with such assistance that focus on core curriculum areas; and (2) issue certificates to each student and faculty member who develops such recognized software or sites. Requires grant award priority to be given for developing such software or sites in the following core curriculum areas: (1) for the first year of awards, in mathematics, science, and reading; and (2) for the second and third years of awards, again in mathematics, science, and reading, but also in social studies, the humanities, and the arts. Requires: (1) such recognized educational software to be made available to local educational agencies for free downloading from the Department of Education's Internet web site; and (2) such recognized Internet web sites to be accessible to any World Wide Web user. Authorizes appropriations.

Education for the 21st Century (E-21) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Statutes at Large Modernization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States was established under ``a government of laws, and not of men''. (2) The rule of law requires that the laws be available to the people. (3) Active, permanent laws are codified in the United States Code, which is maintained by the Office of the Law Revision Counsel at http://uscode.house.gov/. (4) The United States Code usually does not include, however, repealed laws, original statutes that have since been amended, or those with limited duration such as appropriations acts. Furthermore, uncodified titles of the United States Code are merely ``evidence'' of the law before the judicial branch, so attorneys must consult the United States Statutes at Large. (5) The United States Statutes at Large is compiled by the National Archives and Records Administration. It is legal and permanent evidence of all the laws enacted during a session of Congress beginning with the First Congress in 1789. It also contains concurrent resolutions, reorganization plans, proposed and ratified amendments to the Constitution of the United States, and proclamations by the President. (6) The Statutes at Large collection is published under the direction of the Office of the Federal Register through the Congressional Printing Management Division of the Government Publishing Office. (7) The Law Library of Congress has begun to digitize the Statutes at Large. It has published all volumes in a text-over- PDF format. They appear as scanned PDF images with basic search capability. (8) More resources are needed to adequately refine and structure the embedded data elements that enable advanced search functions, machine readability, and other useful options. (9) The Government Publishing Office is the appropriate entity to lead the online digitization of the Statutes at Large in collaboration with other Federal and private entities with expertise in developing formatting conventions for legislative materials. (10) Incorporating relevant digital information into www.Congress.gov would make it a more useful and comprehensive research resource. SEC. 3. PUBLIC ACCESS TO THE LAWS OF THE UNITED STATES. (a) Online Availability of Statutes at Large Through Government Publishing Office.--Section 728 of title 44, United States Code, is amended-- (1) in the first undesignated paragraph, by striking ``The Director'' and inserting ``(a) Printing and Distribution.--The Director''; (2) in the second undesignated paragraph, by striking ``The Director'' and inserting ``(b) Treaties and Other International Agreements.--The Director''; and (3) by adding at the end the following new subsection: ``(c) Online Access to Statutes at Large.-- ``(1) In general.--The Director shall make the Statutes at Large available to the public at no cost on a website in a searchable, non-proprietary format. ``(2) Consultation and coordination.--The Director shall ensure that the searchable online edition of the United States Statutes at Large made available under this subsection is prepared in consultation and coordination with entities that develop formatting conventions used for enrolled bills and other legislative materials, which may include the Library of Congress, the Office of the Clerk of the House of Representatives, the Office of the Secretary of the Senate, the Office of the Legislative Counsel of the House of Representatives, the Office of the Legislative Counsel of the Senate, the Office of the Law Revision Counsel, the Congressional Research Service, the National Archives and Records Administration, and such other public and private entities that the Director considers appropriate.''. (b) Requiring Librarian of Congress To Incorporate Searchable Statutes at Large Into Legislative Information Retrieval System.-- Section 209 of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 180) is amended by adding at the end the following new subsection: ``(f) In addition to the legislative information described in subsection (b), the relevant electronic information made available by the Director of the Government Publishing Office under section 728(c) of title 44, United States Code, shall be incorporated into the legislative information service to the extent practicable.''. (c) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of fiscal years 2018 through 2022 to carry out the provisions of this Act.

Statutes at Large Modernization Act This bill directs the Government Publishing Office (GPO) to make the Statutes at Large available to the public at no cost on a website in a searchable, non-proprietary format. The GPO must ensure that the searchable online edition is prepared in coordination with the National Archives and Records Administration and congressional support offices that develop formatting conventions used for enrolled bills and other legislative materials. The bill amends the Legislative Branch Appropriations Act, 1996 to require relevant Statutes at Large electronic information made available by the GPO to be incorporated into the Library of Congress's legislative information retrieval system.

Statutes at Large Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Josh Miller Helping Everyone Access Responsive Treatment in Schools Act of 2008'' or the ``Josh Miller HEARTS Act''. SEC. 2. GRANT PROGRAM FOR AUTOMATED EXTERNAL DEFIBRILLATORS. (a) Program Required.--The Secretary of Education shall carry out a program under which the Secretary makes grants to local educational agencies, to be used by the local educational agencies for one or both of the following: (1) To purchase automated external defibrillators for use in elementary and secondary schools served by the local educational agency. (2) To provide training to enable elementary and secondary schools served by the local educational agency to meet the requirements of subsection (d)(1), but only if automated external defibrillators are already in use at such schools or are acquired through this program. (b) Eligibility.-- (1) Local educational agencies.--To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (2) Elementary and secondary schools.--To be eligible to receive an automated external defibrillator through a grant under this section, a school may be any public or private school served by the local educational agency, except that an Internet- or computer-based community school is not eligible. (c) Matching Funds Required.-- (1) In general.--To be eligible to receive a grant under this section, the local educational agency must provide matching funds from non-Federal sources equal to not less than 25 percent of the amount of the grant. (2) Waiver.--The Secretary shall waive the requirement of paragraph (1) for a local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)) is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the local educational agency. (d) Training and Coordination Required.--A local educational agency that receives a grant under this section shall demonstrate that, for each elementary and secondary school at which the automated external defibrillators are to be used-- (1) there are at least 5 individuals at the school who-- (A) are employees or volunteers at the school; (B) are at least 18 years of age; and (C) have successfully completed training, with the expectation that the certification shall be maintained, in the use of automated external defibrillators and in cardiopulmonary resuscitation, conducted by the American Heart Association, the American Red Cross, the National Safety Council, or another nationally recognized organization offering training programs of similar caliber; (2) local paramedics and other emergency services personnel are notified where on school grounds the automated external defibrillators are to be located; and (3) the automated external defibrillator will be integrated into the school's emergency response plan or procedures. (e) Priority.--In making grants under this section, the Secretary shall give priority to schools-- (1) that do not already have an automated external defibrillator on school grounds; (2) at which a significant number of students, staff, and visitors are present on school grounds during a typical day; (3) with respect to which the average time required for emergency medical services (as defined in section 330J of the Public Health Service Act (42 U.S.C. 254c-15(f))) to reach the school is greater than the average time for emergency medical services to reach other public facilities in the community; and (4) that have not received funds under the Rural Access to Emergency Devices Act (42 U.S.C. 254c note). (f) ESEA Definitions.--The terms used in this section shall have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2008 through 2013. Passed the House of Representatives June 9, 2008. Attest: LORRAINE C. MILLER, Clerk.

Josh Miller Helping Everyone Access Responsive Treatment in Schools Act of 2008, or the Josh Miller HEARTS Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase automated external defibrillators (AEDs) for use in their schools; and/or (2) provide training to meet the grant requirement that at least five adult employees or volunteers at each school where an AED is to be used successfully complete training in its use and in cardiopulmonary resuscitation (CPR). Requires LEA grant applicants also to demonstrate that: (1) the AEDs are integrated into the schools' emergency response procedures; and (2) emergency services personnel are notified of their locations. Requires LEA grantees to provide nonfederal matching funds equal to at least 25% of their grant, unless 20% or more of the children they serve come from impoverished families. Gives grant priority to schools that: (1) lack an AED; (2) typically have a significant number of students, staff, and visitors present during the day; (3) generally have a longer wait for emergency medical services than other public facilities in the community; and (4) have not received funds under the Rural Access to Emergency Devices Act. Authorizes appropriations for the grant program for FY2008-FY2013.

To establish a grant program for automated external defibrillators in elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Recovery Improvement Act''. SEC. 2. ADDITIONAL MITIGATION ASSISTANCE. Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(d) Additional Mitigation Assistance.-- ``(1) In general.--If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State an approved State building code, the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a), by an amount equal to 5 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. ``(2) Submission.--To be eligible for an increased Federal share under paragraph (1), a State, at least once every 4 years, shall submit its State building code to the President for approval. ``(3) Approval.--The President shall approve a State building code submitted under paragraph (2) if the President determines that the building code-- ``(A) is consistent with the most recent version of a nationally recognized model building code; ``(B) has been adopted by the State within 4 years of the most recent version of the nationally recognized model building code; and ``(C) uses the nationally recognized model building code as a minimum standard. ``(4) Definitions.--In this subsection, the following definitions apply: ``(A) Actively enforcing.--The term `actively enforcing' means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. ``(B) Nationally recognized model building code.-- The term `nationally recognized model building code' means a building code for residential and commercial construction and construction materials that-- ``(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and ``(ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building's users against natural disasters. ``(C) State building code.--The term `State building code' means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply-- ``(i) to construction-related activities of residential building contractors applicable to single-family and two-family residential structures; and ``(ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. ``(5) Regulations.--Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection.''. SEC. 3. EXPEDITED PAYMENTS. Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by adding at the end the following: ``(f) Expedited Payments.-- ``(1) Grant assistance.--In making a contribution under subsection (a)(1), the President shall provide not less than 50 percent of the President's initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2). ``(2) Date of payment.--Not later than 60 days after the date of the estimate described in paragraph (1), and not later than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies for assistance under this section, the initial payment described in paragraph (1) shall be paid.''. SEC. 4. DEBRIS REMOVAL. (a) Debris Management Plans.--Section 407(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173(d)) is amended by adding at the end the following: ``The Federal share shall be increased by 5 percent for States and local governments that (1) have a debris management plan approved by the Administrator; and (2) have prequalified 2 or more debris and wreckage removal contractors before the date of declaration of the major disaster. To qualify for the increased Federal share under the preceding sentence, a debris management plan shall be resubmitted to the Administrator for approval every 4 years.''. (b) Financial Incentives for Debris Recycling.--Section 407 such Act (42 U.S.C. 5173) is amended by adding at the end the following: ``(f) Debris Recycling.-- ``(1) In general.--A grant recipient under subsection (a)(2) may use funds from the grant for the costs of recycling debris and wreckage resulting from a major disaster, including the sorting of such materials. ``(2) Value of salvaged material.-- ``(A) Retention of financial benefits.--A grant recipient under subsection (a)(2) may retain any financial benefit received from the salvage of recycled debris or wreckage. ``(B) Treatment of financial benefits.--Any such financial benefit shall not be considered to be program income for purposes of section 13.25 of title 44, Code of Federal Regulations (or any successor regulation). ``(C) Contracts.--Any arrangement between a grant recipient under subsection (a)(2) and a contractor in which the contractor will retain possession of recyclable materials shall be reflected in the contractor's bid price. ``(3) Reporting.-- ``(A) Recipients that recycle debris.--A grant recipient under subsection (a)(2) that recycles debris or wreckage during disaster operations shall submit to the Administrator of the Federal Emergency Management Agency a written description of what the recipient did to recycle the debris or wreckage, the volume of the debris or wreckage that was recycled, and the monetary or nonmonetary benefits received, if any. ``(B) Recipients that do not recycle debris.--A grant recipient under subsection (a)(2) that chooses not to recycle debris or wreckage during disaster operations shall submit to the Administrator a written statement describing why this option was not used.''. SEC. 5. APPEALS PROCESS. (a) Timing.--Section 423(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189a(b)) is amended by striking ``90 days'' and inserting ``60 days''. (b) Regulations.--The Administrator shall issue rules regarding the information that must be provided to an applicant in the event that a project worksheet is denied. The required information shall include, at a minimum-- (1) all reasons for which the project worksheet was denied; (2) the specific items, if any, in the project worksheet that are disputed; and (3) a description of any additional information the applicant needs to provide. SEC. 6. INDIVIDUAL ASSISTANCE FACTORS. In order to provide more objective criteria for evaluating the need for assistance to individuals and to speed a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations, to measure the severity, magnitude, and impact of a disaster. SEC. 7. HOUSEHOLD PETS AND SERVICE ANIMALS. Section 502(a) of Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) provide assistance for rescue, care, shelter, and essential needs-- ``(A) to individuals with household pets and service animals; and ``(B) to such pets and animals.''.

Disaster Recovery Improvement Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total contributions for a major disaster by 5% under such Act if, at the time of a declaration of a major disaster, the affected state has in effect and is actively enforcing an approved building code. Sets forth state building code submission and approval requirements, including use of the nationally recognized model building code as a minimum standard. Directs the President, in making a contribution to a state or local government or a person that owns a nonprofit facility for repair, restoration, and replacement of a damaged facility, to provide not less than 50% of the President's initial estimate of the federal share as an initial payment. Provides for expedited payments. Requires the federal share for debris removal to be increased by 5% for states and local governments that have: (1) a debris management plan approved by the Administrator of the Federal Emergency Management Agency (FEMA); (2) prequalified two or more debris and wreckage removal contractors before the date of declaration of the major disaster; and (3) resubmitted such plan to the Administrator for approval every four years. Allows a recipient of a debris removal grant to: (1) use funds for the costs of recycling debris and wreckage resulting from a major disaster; and (2) retain any financial benefit received from the salvage. Increases the period for appeals of disaster assistance decisions. Directs the Administrator to review, update, and revise the factors considered to measure the severity, magnitude, and impact of a disaster. Authorizes the President to provide emergency assistance to pets and animals and their owners.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to make improvements in the provision of Federal disaster assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Innovation in Medicine Act of 2015'' or the ``AIM Act of 2015''. SEC. 2. FINDINGS. Congress finds as follows: (1) Innovation in health care technology is necessary to improve health outcomes and depends in part on the ability of medical technology developers, including scientists, physicians, engineers, and patient advocates, to introduce medical devices into the marketplace. (2) Even after meeting requirements for marketing set by the Food and Drug Administration, there may be uncertainties about patient access through government health care programs, causing significant delays in bringing innovative medical devices to patients or causing medical technology developers to abandon potential health care solutions. (3) Patients covered by the Medicare program are often willing to enter into self-pay arrangements with physicians and other providers to purchase items or services, yet under current laws restricting such freedom of choice, the self-pay arrangements may be associated with regulatory impediments or a risk of civil penalties. (4) Enabling health care technology manufacturers to designate products to be directly available to self-pay patients and excluded from government health program payments at an early stage of product development will promote innovation and result in increased patient access to desired products and services, save taxpayer dollars, and reduce administrative burdens on physicians and the government. (5) Enabling health care technology manufacturers to designate their devices as available to self-pay patients would permit a window of time during which additional data may be obtained on outcomes, comparative clinical effectiveness or other data elements for possible future coverage by the Medicare program. SEC. 3. ESTABLISHMENT OF MANUFACTURER OPT-OUT PROGRAM FOR MEDICAL DEVICES. (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended adding at the end the following new subsection: ``(p) Establishment of Accelerating Innovation in Medicine (AIM) List of Medical Devices Voluntarily Excluded From Coverage.-- ``(1) In general.--Not later than 90 days after the date of the enactment of this subsection, the Secretary shall develop and maintain a listing (in this section referred to as the `AIM list') of medical devices for which, because of their inclusion in such listing, no insurance benefit and no payment may be made for such a device (or for any items or services related to furnishing such device) under this title either directly or on a capitated basis such that no claim for payment may be submitted under this title for such a device (or for any items or services related to furnishing such device) and an individual who consents to receive such a device is responsible for payment for the device (and for any items and services related to furnishing such device). ``(2) Procedures for inclusion in aim list.-- ``(A) Requirement for written consent of manufacturer.--No medical device may be included in the AIM list without the written consent of the manufacturer of the device. ``(B) Submission process.--A manufacturer seeking to have a medical device included in the AIM list shall submit to the Secretary a request for inclusion of the device in the AIM list. In the case of such a device for which-- ``(i) there is a request for approval or clearance for marketing and sale of the device by the Food and Drug Administration pursuant to authority granted by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), including pursuant to section 510(k) or 515(c) of such Act (21 U.S.C. 360(k), 360e(c)), the request for inclusion of the device in the AIM list may not be submitted earlier than the date of the request for such approval or clearance and no later than the first business day of the month beginning at least 30 days after the date of such approval or clearance; or ``(ii) the device is exempt from such approval and clearance requirements, the request may be submitted at a time that is not later than the first business day of the month beginning at least 30 days after the date of the first sale of the device by its manufacturer. ``(3) Listing periods; removal from list.-- ``(A) 3-year listing periods.--A medical device included in the AIM list shall be initially listed for a period of 3 years and shall remain so listed for subsequent 3-year periods subject to subparagraphs (B) and (C). ``(B) Removal at request of manufacturer.--At any time a device of a manufacturer included in the AIM list shall be removed from the AIM list upon the written request of the manufacturer. Subject to subparagraph (C), such a device of a manufacturer may not be removed from the AIM list except upon the written request of the manufacturer. ``(C) Provision of data on clinical studies as a condition for continued listing.--As a condition for the continued inclusion of the device of a manufacturer in the AIM list for a subsequent 3-year listing period under subparagraph (A), the manufacturer shall provide the Secretary with published or publicly available data on clinical studies completed for the device at the end of the previous 3-year listing period. If the Secretary determines that a manufacturer of a device has materially failed to provide such data for the device, the Secretary may remove the device from the AIM list or not renew the listing for the device or both. ``(4) Medical device defined.--In this subsection, the term `medical device' has the meaning given the term `device' in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). ``(5) Posting of listed devices on website.--The Secretary shall post on a public website of the Department of Health and Human Services or other publicly accessible manner a list of the medical devices included in the AIM list and shall provide for updating the website on a real-time basis (but no less frequently than monthly) to reflect changes in the medical devices in the AIM list. ``(6) Regulations not required.--Nothing in this subsection shall be construed as requiring the Secretary to promulgate regulations to carry out this subsection. ``(7) Requirement for informed consent in order for provider to charge for device.--If a physician or other entity furnishes a medical device included in the AIM list to an individual under this title and failed to obtain, before furnishing the device, an appropriate informed consent under which the individual is informed of and accepts liability under paragraph (1) for payment for the device (and for items and services related to furnishing such device), the physician or other entity is deemed to have agreed not to impose any charge under this title for such device (and for items and services related to furnishing such device).''. (b) Conforming Amendment.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in paragraph (24), by striking ``or'' at the end; (2) in paragraph (25), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (25) the following new paragraph: ``(26) where such expenses are for a medical device included in the AIM list under section 1862(p) (or for items and services related to furnishing such device).''.

Accelerating Innovation in Medicine Act of 2015 or the AIM Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to develop an accelerating innovation in medicine (AIM) list of medical devices (or for any items or services related to furnishing such devices) for which, because of their inclusion on the list, insurance benefits and payments are prohibited under Medicare (either directly or on a capitated basis), with the result that no Medicare claim may be submitted and an individual who consents to receive such a device (or related items or services) is responsible for paying for it and any related items and services. Directs the Secretary to post on a public HHS website or other publicly accessible media an updated list of the medical devices on the AIM list.

AIM Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Sports Concussion Act of 2013''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) scientific advancements and a greater understanding of the issues that affect the health and safety of young athletes are key to reducing sports-related concussions in youth; (2) the National Academies should complete, and make available to the public, its report on sports-related concussions in youth not later than January 31, 2014; (3) the Consumer Product Safety Commission should review the National Academies' report for any matter that may impact products under the Commission's jurisdiction; (4) if protective equipment manufacturers choose to adopt voluntary consumer product safety standards based on the National Academies' report and any related Consumer Product Safety Commission recommendations, the voluntary standards should include mechanisms to ensure substantial compliance by covered entities; and (5) the Federal Trade Commission should review the National Academies' report for any matter that may inform efforts to protect consumers from unfair or deceptive practices in or affecting commerce. SEC. 3. THE NATIONAL ACADEMIES' REPORT ON SPORTS-RELATED CONCUSSIONS IN YOUTH. (a) Review.--The Consumer Product Safety Commission-- (1) shall review the National Academies' report on sports- related concussion in youth not later than 5 months after the completion of such report; and (2) may make recommendations to protective equipment manufacturers regarding whether voluntary standards should be adopted-- (A) to reduce the risk of sports-related injury for youth athletes wearing protective equipment; (B) to improve the safety of reconditioned protective equipment; and (C) to modify protective equipment warning labels. (b) Safety Standards.-- (1) Lead time for a voluntary standard.--If, not later than 1 year after the completion of the National Academies' report, no voluntary standard is adopted based on the National Academies' report and any related Consumer Product Safety Commission recommendations, the Consumer Product Safety Commission may initiate a proceeding to promulgate a consumer product safety rule in accordance with section 553 of title 5, United States Code. (2) Net effect.--A rule issued under this subsection must have the net effect of improving safety. (3) Conformity with existing law.--A rule issued under this subsection shall be considered a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). SEC. 4. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC SPORTING ACTIVITY EQUIPMENT. (a) Unlawful Activity.--It is unlawful for any person to sell, or offer for sale, in interstate commerce, or import into the United States for the purpose of selling or offering for sale, any item or equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item. (b) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (2) Powers of federal trade commission.-- (A) In general.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Regulations.--Notwithstanding any other provision of law, the Federal Trade Commission may promulgate under section 553 of title 5, United States Code, such regulations as the Commission considers necessary or appropriate to carry out this section. (C) Privileges and immunities.--Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated and made part of this section. (D) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Enforcement by States.-- (1) In general.--Except as provided in paragraph (4), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates subsection (a), the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate injunctive relief. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal. (3) Investigatory powers.--Nothing in this subsection shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a) or a rule promulgated under subsection (b)(2)(B) the attorney general of a State may not, during the pendency of that action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.-- (A) In general.--In addition to a civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.

Youth Sports Concussion Act of 2013 - Expresses the sense of Congress concerning the reduction of sports-related concussions in youth and completion of the National Academies' report on such injuries. Directs the Consumer Product Safety Commission (CPSC) to review the National Academies' report within five months after the report is completed. Authorizes the CPSC to make recommendations to protective equipment manufacturers regarding whether voluntary standards should be adopted to: (1) reduce the risk of sports-related injury for youth athletes wearing protective equipment, (2) improve the safety of reconditioned protective equipment, and (3) modify protective equipment warning labels. Permits the CPSC to initiate the promulgation of a consumer product safety rule if no voluntary standard is adopted within a one-year period. Makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any false or misleading claim with respect to the safety benefits of such item. Requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Sets forth the enforcement authority of the Federal Trade Commission (FTC). Authorizes the FTC to promulgate regulations to carry out this Act. Authorizes states to bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. Allows the FTC to intervene and appeal in state actions.

Youth Sports Concussion Act of 2013

SECTION 1. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES FROM NOTIFICATION REQUIREMENTS. (a) Exemption From Notification Requirements.--Paragraph (5) of section 527(i) of the Internal Revenue Code of 1986 (relating to organizations must notify Secretary that they are section 527 organizations) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following: ``(C) which is a political committee of a State or local candidate or which is a State or local committee of a political party.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the amendments made by Public Law 106- 230. SEC. 2. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES FROM REPORTING AND ANNUAL RETURN REQUIREMENTS. (a) In General.--Section 527(j)(5) of the Internal Revenue Code of 1986 (relating to coordination with other requirements) is amended by striking ``or'' at the end of subparagraph (D), by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) to any organization which is an exempt State or local political organization,''. (b) Exempt State or Local Political Organization.--Subsection (e) of section 527 of the Internal Revenue Code of 1986 (relating to other definitions) is amended by adding at the end the following new paragraph: ``(5) Exempt state or local political organization.-- ``(A) In general.--The term `exempt State or local political organization' means a political organization which-- ``(i) does not engage in any exempt function other than solely for the purposes of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization, ``(ii) is subject to State requirements to report (and it so reports)-- ``(I) information regarding each separate expenditure from and contribution to, such organization, and ``(II) information regarding the person who makes such contribution or receives such expenditure, which would otherwise be required to be reported under this section, and ``(iii) with respect to which the reports referred to in clause (ii) are made public by the agency with which such reports are filed and are publicly available for inspection in a manner similar to that required by section 6104(d)(1). ``(B) Certain failures disregarded.--An organization shall not be treated as failing to meet the requirements of subparagraph (A)(ii) solely by reason of 1 or more of the following: ``(i) The minimum amount of any expenditure or contribution required to be reported under State law is not more than $300 greater than the minimum amount required to be reported under subsection (j). ``(ii) The State law does not require the organization to identify 1 or more of the following: ``(I) The employer of any person who makes contributions to the organization. ``(II) The occupation of any person who makes contributions to the organization. ``(III) The employer of any person who receives expenditures from the organization. ``(IV) The occupation of any person who receives expenditures from the organization. ``(V) The purpose of any expenditure of the organization. ``(iii) The organization makes de minimis errors in complying with State law requirements as long as the organization corrects the errors within a reasonable period after being notified of such errors. ``(C) Participation of federal candidate or office holder.--The term `exempt State or local political organization' shall not include any organization otherwise described in subparagraph (A) if a candidate for nomination or election to Federal public office or an individual who holds such office-- ``(i) controls or materially participates in the direction of the organization, ``(ii) solicits contributions to the organization, or ``(iii) directs, in whole or in part, disbursements by the organization.''. (c) Annual Return Requirements.-- (1) Income tax returns required only for political organization taxable income.--Paragraph (6) of section 6012(a) of the Internal Revenue Code of 1986 (relating to persons required to make returns of income) is amended by striking ``or which has'' and all that follows through ``section)''. (2) Information returns.--Subsection (g) of section 6033 of such Code (relating to returns required by political organizations) is amended-- (A) by striking ``political organization required to file a return under section 6012(a)(6)'' and inserting ``political organization (with the meaning of section 527, other than a political committee of a State or local candidate) which has gross receipts of $25,000 or more for the taxable year'', and (B) by adding at the end the following new sentence: ``In the case of an exempt State or local political organization (as defined in section 527(e)(5)), the preceding sentence shall be applied by substituting `$100,000' for `$25,000'.''. (3) Authorization to modify information returns.--The Secretary shall review for possible modification the annual return required under section 6033(g) of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by Public Law 106-230. SEC. 3. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS. (a) In General.--The Secretary of the Treasury, in consultation with the Federal Election Commission, shall publicize-- (1) the effect of the amendments made by this Act, and (2) the interaction of requirements to file a notification or report under section 527 of the Internal Revenue Code of 1986 and reports under the Federal Election Campaign Act of 1971. (b) Information.--Information provided under subsection (a) shall be included in any appropriate form, instruction, notice, or other guidance issued to the public by the Secretary of the Treasury or the Federal Election Commission regarding reporting requirements of political organizations (as defined in section 527 of the Internal Revenue Code of 1986) or reporting requirements under the Federal Election Campaign Act of 1971. SEC. 4. WAIVER OF PENALTIES. (a) Waiver of Filing Penalties.--Section 527 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(k) Authority To Waive.--The Secretary may waive all or any portion of the-- ``(1) tax assessed on an organization by reason of the failure of the organization to give notice under subsection (i), or ``(2) penalty imposed under subsection (j) for a failure to file a report, on a showing that such failure was due to reasonable cause and not due to willful neglect.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any tax assessed or penalty imposed after June 30, 2000. SEC. 5. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE PROVISIONS. (a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section 527(i) of the Internal Revenue Code of 1986 (relating to failure to notify) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `exempt function income' means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.''. (b) Procedures for Assessment and Collection of Penalty.--Paragraph (1) of section 527(j) of the Internal Revenue Code of 1986 (relating to required disclosure of expenditures and contributions) is amended by adding at the end the following new sentence: ``For purposes of subtitle F, the penalty imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c).''. (c) Duplicate Written Filings Not Required.-- (1) Subparagraph (A) of section 527(i)(1) of the Internal Revenue Code of 1986 is amended by striking ``, electronically and in writing,'' and inserting ``electronically''. (2) Subsection (i) of section 527 of such Code is amended by adding at the end the following new paragraph: ``(7) Electronic filing.--The Secretary shall develop procedures for submission in electronic form of notices required to be filed under this subsection and reports required to be filed under subsection (j).''. (d) Application of Fraud Penalty.--Section 7207 of the Internal Revenue Code of 1986 (relating to fraudulent returns, statements, and other documents) is amended by striking ``pursuant to subsection (b) of section 6047 or pursuant to subsection (d) of section 6104'' and inserting ``pursuant to section 6047(b), section 6104(d), or subsection (i) or (j) of section 527''. (e) Contents of Report.--Section 527(j)(3) of the Internal Revenue Code of 1986 (relating to contents of report) is amended-- (1) by inserting ``, date, and purpose'' after ``The amount'' in subparagraph (A), and (2) by inserting ``and date'' after ``the amount'' in subparagraph (B). (f) Contents of Notice.--Section 527(i)(3) of the Internal Revenue Code of 1986 (relating to contents of notice) is amended by striking ``and'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) whether the organization intends to claim an exemption from the requirements of subsection (j) or section 6033, and''. (g) Timing of Notices.--Section 527(i)(2) of the Internal Revenue Code of 1986 (relating to time to give notice) is amended by inserting ``or, in the case of any material change in the information required under paragraph (3), not later than 30 days after such material change'' after ``established''. (h) Effective Dates.-- (1) Subsections (a) and (b).--The amendments made by subsections (a) and (b) shall apply to failures occurring on or after the date of the enactment of this Act. (2) Subsection (c).--The amendments made by subsection (c) shall take effect as if included in the amendments made by Public Law 106-230. (3) Subsections (d), (e), and (f).--The amendments made by subsections (d), (e), and (f) shall apply to reports or notices filed on or after the date of the enactment of this Act. (4) Subsection (g).--The amendments made by subsection (g) shall apply to material changes on or after the date of the enactment of this Act.

Amends the Internal Revenue Code to exempt State and local committees of candidates and of political parties from specified notification requirements. Exempts certain "exempt State or local political organizations" from specified reporting requirements. Defines "exempt State and local political organizations."Modifies characteristics of political organizations obligated to complete an informational return, such that specified political organizations with $25,000 or more in annual gross receipts must file, as well as "exempt state and local political organizations" with annual gross receipts of $100,000 or more. Directs the Secretary of the Treasury to review the components of such returns. Authorizes the Secretary to waive certain penalties for notification and reporting violations.Obligates political organizations to inform the Secretary whether they plan to seek exemptions from financial or informational returns.

A bill to amend section 527 of the Internal Revenue Code of 1986 to eliminate notification and return requirements for State and local political committees and candidate committees and avoid duplicate reporting by certain State and local political committees of information required to be reported and made publicly available under State law, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Pharmacy Consumer Protection Act'' or the ``Ryan Haight Act''. SEC. 2. INTERNET SALES OF PRESCRIPTION DRUGS. (a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A the following: ``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS. ``(a) Requirements Regarding Information on Internet Site.-- ``(1) In general.--A person may not dispense a prescription drug pursuant to a sale of the drug by such person if-- ``(A) the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site; and ``(B) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet each of the requirements specified in paragraph (2) (other than a site or pages on a site that are not intended to be accessed by purchasers or prospective purchasers or that provide an Internet information location tool within the meaning of section 231(e)(5) of the Communications Act of 1934 (47 U.S.C. 231(e)(5)). ``(2) Requirements.--With respect to an Internet site, the requirements referred to in subparagraph (B) of paragraph (1) for a person to whom such paragraph applies are as follows: ``(A) Each page of the site shall include either the following information or a link to a page that provides the following information: ``(i) The name of such person; the address of the principal place of business of the person with respect to sales of prescription drugs through the Internet; and the telephone number for such place of business. ``(ii) Each State in which the person is authorized by law to dispense prescription drugs. ``(iii) The name of each individual who serves as a pharmacist for purposes of the site; and each State in which the individual is authorized by law to dispense prescription drugs. ``(iv) If the person provides for medical consultations through the site for purposes of providing prescriptions, the name of each individual who provides such consultations; each State in which the individual is licensed or otherwise authorized by law to provide such consultations or practice medicine; and the type or types of health professions for which the individual holds such licenses or other authorizations. ``(B) A link to which paragraph (1) applies shall be displayed in a clear and prominent place and manner, and shall include in the caption for the link the words `licensing and contact information'. ``(b) Internet Sales Without Appropriate Medical Relationships.-- ``(1) In general.--A person may not dispense a prescription drug, or sell such a drug, if-- ``(A) for purposes of such dispensing or sale, the purchaser communicated with the person through the Internet; ``(B) the patient for whom the drug was dispensed or purchased did not, when such communications began, have a prescription for the drug that is valid in the United States; ``(C) pursuant to such communications, the person provided for the involvement of a practitioner, or an individual represented by the person as a practitioner, and the practitioner or such individual issued a prescription for the drug that was purchased; ``(D) the person knew, or had reason to know, that the practitioner or the individual referred to in subparagraph (C) did not, when issuing the prescription, have a qualifying medical relationship with the patient; and ``(E) the person received payment for the dispensing or sale of the drug. For purposes of subparagraph (E), payment is received if money or other valuable consideration is received. ``(2) Qualifying medical relationship.-- ``(A) In general.--With respect to issuing a prescription for a drug for a patient, a practitioner has a qualifying medical relationship with the patient for purposes of this section if at least 1 in-person medical evaluation of the patient has been conducted by the practitioner. ``(B) In-person medical evaluation.--A medical evaluation by a practitioner is an in-person medical evaluation for purposes of this section if the practitioner is in the physical presence of the patient as part of conducting the evaluation, without regard to whether portions of the evaluation are conducted by other health professionals. ``(3) Rules of construction.-- ``(A) Individuals represented as practitioners.--A person who is not a practitioner (as defined in subsection (e)(1)) lacks legal capacity under this section to have a qualifying medical relationship with any patient. ``(B) Applicability of requirements.--Paragraph (2) may not be construed as having any applicability beyond this section, and does not affect any State law, or interpretation of State law, concerning the practice of medicine. ``(C) Standard practice of pharmacy.--Paragraph (1) may not be construed as prohibiting any conduct that is a standard practice in the practice of pharmacy. ``(c) Actions by States.-- ``(1) In general.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice that violates section 301(l), the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such practice, to enforce compliance with such section (including a nationwide injunction), to obtain damages, restitution, or other compensation on behalf of residents of such State, to obtain reasonable attorneys' fees and costs if the State prevails in the civil action, or to obtain such further and other relief as the court may deem appropriate. ``(2) Notice.--The State shall serve prior written notice of any civil action under paragraph (1) or (5)(B) upon the Secretary and provide the Secretary with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Secretary shall have the right-- ``(A) to intervene in such action; ``(B) upon so intervening, to be heard on all matters arising therein; and ``(C) to file petitions for appeal. ``(3) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this chapter shall prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Venue; service of process.-- ``(A) Venue.--Any civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. ``(B) Service of process.--Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. ``(5) Actions by other state officials.-- ``(A) Effect of section.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. ``(B) Additional action.--In addition to actions brought by an attorney general of a State under paragraph (1), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. ``(d) Interactive Computer Service; Advertising.--No provider of an interactive computer service, as defined in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)), or of advertising services shall be liable under this section for dispensing or selling prescription drugs in violation of this section on account of another person's selling or dispensing such drugs, provided that the provider of the interactive computer service or of advertising services does not own or exercise corporate control over such person. ``(e) Definitions.--For purposes of this section: ``(1) Practitioner.--The term `practitioner' means a practitioner referred to in section 503(b)(1) with respect to issuing a written or oral prescription. ``(2) Prescription drug.--The term `prescription drug' means a drug that is subject to section 503(b)(1). ``(3) Qualifying medical relationship.--The term `qualifying medical relationship', with respect to a practitioner and a patient, has the meaning indicated for such term in subsection (b).''. (b) Inclusion as Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after paragraph (k) the following: ``(l) The dispensing or selling of a prescription drug in violation of section 503B.''. (c) Internet Sales of Prescription Drugs; Consideration by Secretary of Practices and Procedures for Certification of Legitimate Businesses.--In carrying out section 503B of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)), the Secretary of Health and Human Services shall take into consideration the practices and procedures of public or private entities that certify that businesses selling prescription drugs through Internet sites are legitimate businesses, including practices and procedures regarding disclosure formats and verification programs. (d) Effective Date.--The amendments made by subsections (a) and (b) take effect upon the expiration of the 60-day period beginning on the date of enactment of this Act, without regard to whether a final rule to implement such amendments has been promulgated by the Secretary of Health and Human Services under section 701(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371(a)). The preceding sentence may not be construed as affecting the authority of such Secretary to promulgate such a final rule. SEC. 3. REPORTS REGARDING INTERNET-RELATED VIOLATIONS OF FEDERAL AND STATE LAWS ON DISPENSING OF DRUGS. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, pursuant to the submission of an application meeting the criteria of the Secretary, award a grant or contract to the National Clearinghouse on Internet Prescribing (operated by the Federation of State Medical Boards) for the purpose of-- (1) identifying Internet sites that appear to be in violation of Federal or State laws concerning the dispensing of drugs; (2) reporting such sites to State medical licensing boards and State pharmacy licensing boards, and to the Attorney General and the Secretary, for further investigation; and (3) submitting, for each fiscal year for which the award under this subsection is made, a report to the Secretary describing investigations undertaken with respect to violations described in paragraph (1). (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there is authorized to be appropriated $100,000 for each of the fiscal years 2004 through 2006.

Internet Pharmacy Consumer Protection Act or the Ryan Haight Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any person from dispensing a prescription drug pursuant to a sale if: (1) any part of the sales transaction for the drug is conducted through an Internet site; and (2) such site fails to meet specified requirements regarding inclusion of a page (and links thereto) providing the identities and licensing information of the seller, pharmacists, or medical consultants. Prohibits a person from selling or dispensing a prescription drug if: (1) the purchaser communicated with the person through the Internet; (2) the purchaser did not have a valid prescription when the communication began; (3) the person provided for the involvement of a practitioner; (4) the practitioner issued a prescription for the drug that was purchased; (5) the person knew that no qualifying medical relationship existed (defines "qualifying medical relationship" as requiring an in-person medical evaluation); and (6) the person received payment. Allows States to bring civil actions against a person for violations of this Act. Prevents Internet providers from being held liable for dispensing or selling prescriptions drugs on account of another person's activities. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under the FFDCA. Requires the Secretary of Health and Human Services to award a grant or contract to the National Clearinghouse on Internet Prescribing to identify and report Internet sites that violate Federal or State laws concerning the dispensing of drugs.

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the sale of prescription drugs through the Internet.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transforming Hiring in Rural Industries and Vital Economies Act of 2017''. SEC. 2. WHITE HOUSE RURAL COUNCIL. (a) Establishment.--There is established in the Executive Office of the President a White House Rural Council (in this section referred to as the ``Council''). (b) Membership.-- (1) Chair.--The Secretary of Agriculture shall serve as the Chair of the Council. (2) Members.--The Council shall be composed of the heads of the following: (A) The Department of the Treasury. (B) The Department of Defense. (C) The Department of Justice. (D) The Department of the Interior. (E) The Department of Commerce. (F) The Department of Labor. (G) The Department of Health and Human Services. (H) The Department of Housing and Urban Development. (I) The Department of Transportation. (J) The Department of Energy. (K) The Department of Education. (L) The Department of Veterans Affairs. (M) The Department of Homeland Security. (N) The Environmental Protection Agency. (O) The Federal Communications Commission. (P) The Office of Management and Budget. (Q) The Office of Science and Technology Policy. (R) The Office of National Drug Control Policy. (S) The Council of Economic Advisers. (T) The Domestic Policy Council. (U) The National Economic Council. (V) The Small Business Administration. (W) The Council on Environmental Quality. (X) The White House Office of Public Engagement and Intergovernmental Affairs. (Y) The White House Office of Cabinet Affairs. (Z) Any other department, agency, or office of the executive branch as the President or Secretary of Agriculture may designate. (3) Designees.--Any member of the Council may designate a senior-level official, who is employed full-time in the department, agency, or office of such member, to carry out the duties of the member under this section. (c) Meetings.--Not later than six months after the date of the enactment of this Act, and every six months thereafter, the Council shall convene a meeting of representatives of the executive departments, agencies, and offices represented on the Council to develop plans to coordinate the efforts of such executive departments, agencies, and offices and facilitate efficient services to stakeholders. At such meetings, each such representative shall-- (1) share information regarding the rural economic development efforts and activities of the representative's executive department, agency, or office; (2) identify opportunities for collaboration and coordination of research agendas, vulnerability assessments, data collection and analysis, and planning and implementing rural economic development projects; (3) identify rural economic development information needs, research gaps, and decision support needs that are not met by any executive department, agency, or office represented on the Council and make available such identification for purposes of information to be submitted to the Council; (4) identify common and complementary goals for rural economic development within each region to be prioritized for the coming year and beyond; (5) identify barriers to rural economic development planning and implementation that can be overcome or minimized through Federal action and specific suggestions for improvement; (6) evaluate progress and jointly develop a strategy for realizing rural economic development-related goals, including clearly identified responsibilities by each collaborating regional office, center, or program; and (7) share experiences and best practices in stakeholder engagement and communication, decision support, and economic development interactions that support the realization of identified rural economic development goals. (d) Duties.--The Council shall carry out the following: (1) Coordinate with the Domestic Policy Council and the National Economic Council to develop the policy of the Council. (2) Coordinate with departments, agencies, and offices of the executive branch to develop policy recommendations that promote economic prosperity and quality of life in rural areas (as defined by the Secretary of Agriculture) throughout the United States. (3) Make recommendations to the President, through the Director of the Domestic Policy Council and the Director of the National Economic Council, on how to best use Federal investments in rural areas for the purpose of facilitating job growth and economic development. (4) Coordinate and increase the effectiveness of Federal engagement with rural stakeholders, including agricultural organizations, small businesses, education and training institutions, health care providers, telecommunications services providers, research and land grant institutions, law enforcement, State, local, and Tribal governments, and nongovernmental organizations regarding the needs of rural areas throughout the United States. (5) Coordinate Federal efforts directed toward the growth and development of geographic regions that encompass both urban and rural areas. (6) Identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation-related activities. (e) Administration.--The Secretary of Agriculture (or staff designated by the Secretary) shall provide to the Council administrative support services and additional resources, as appropriate, to the extent permitted by law and within existing appropriations. The Secretary shall determine the amount of funding and personnel necessary for the Council to carry out its duties and the amount of funding and personnel each department, agency, or office represented on the Council should contribute in order for the Council to carry out such duties. Such department, agency, or office shall, upon the request of the Secretary, make available to the Council personnel, administrative support services, and information. (f) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this section. Such requirements shall be carried out using amounts otherwise authorized.

Transforming Hiring in Rural Industries and Vital Economies Act of 2017 This bill establishes the White House Rural Council within the Executive Office of the President to make recommendations and coordinate the efforts of the executive branch regarding economic development in rural areas.

Transforming Hiring in Rural Industries and Vital Economies Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Cybersecurity Cooperation Enhancement Act of 2016''. SEC. 2. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION. (a) Grant Program.-- (1) Establishment.--The Secretary, in accordance with the agreement entitled the ``Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters'', dated May 29, 2008 (or successor agreement), and the requirements specified in paragraph (2), shall establish a grant program at the Department to support-- (A) cybersecurity research and development; and (B) demonstration and commercialization of cybersecurity technology. (2) Requirements.-- (A) Applicability.--Notwithstanding any other provision of law, in carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, the Secretary shall require cost sharing in accordance with this paragraph. (B) Research and development.-- (i) In general.--Except as provided in clause (ii), the Secretary shall require not less than 50 percent of the cost of a research, development, demonstration, or commercial application program or activity described in subparagraph (A) to be provided by a non- Federal source. (ii) Reduction.--The Secretary may reduce or eliminate, on a case-by-case basis, the percentage requirement specified in clause (i) if the Secretary determines that such reduction or elimination is necessary and appropriate. (C) Merit review.--In carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, awards shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department. (D) Review processes.--In carrying out a review under subparagraph (C), the Secretary may use merit review processes developed under section 302(14) of the Homeland Security Act of 2002 (6 U.S.C. 182(14)). (3) Eligible applicants.--An applicant shall be eligible to receive a grant under this subsection if the project of such applicant-- (A) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and (B) is a joint venture between-- (i)(I) a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), or nonprofit entity in the United States; and (II) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (ii)(I) the Federal Government; and (II) the Government of Israel. (4) Applications.--To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for such grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5). (5) Advisory board.-- (A) Establishment.--The Secretary shall establish an advisory board to-- (i) monitor the method by which grants are awarded under this subsection; and (ii) provide to the Secretary periodic performance reviews of actions taken to carry out this subsection. (B) Composition.--The advisory board established under subparagraph (A) shall be composed of three members, to be appointed by the Secretary, of whom-- (i) one shall be a representative of the Federal Government; (ii) one shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and (iii) one shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation. (6) Contributed funds.--Notwithstanding any other provision of law, the Secretary may accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this subsection. Such funds shall be available, subject to appropriation, without fiscal year limitation. (7) Report.--Not later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains-- (A) a description of how the grant funds were used by the recipient; and (B) an evaluation of the level of success of each project funded by the grant. (8) Classification.--Grants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel. (b) Termination.--The grant program and the advisory board established under this section terminate on the date that is seven years after the date of the enactment of this Act. (c) Prohibition on Additional Funding.--No additional funds are authorized to be appropriated to carry out this Act. (d) Definitions.--In this section-- (1) the term ``cybersecurity research'' means research, including social science research, into ways to identify, protect against, detect, respond to, and recover from cybersecurity threats; (2) the term ``cybersecurity technology'' means technology intended to identify, protect against, detect, respond to, and recover from cybersecurity threats; (3) the term ``cybersecurity threat'' has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (enacted as title I of the Cybersecurity Act of 2015 (division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113))); (4) the term ``Department'' means the Department of Homeland Security; and (5) the term ``Secretary'' means the Secretary of Homeland Security. Passed the House of Representatives November 29, 2016. Attest: KAREN L. HAAS, Clerk.

United States-Israel Cybersecurity Cooperation Enhancement Act of 2016 (Sec. 2) This bill requires the Department of Homeland Security (DHS) to establish a grant program to support cybersecurity research and development, and the demonstration and commercialization of cybersecurity technology, in accordance with the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters, dated May 29, 2008, or a successor agreement. Grants may be awarded for social science research and technology intended to identify, protect against, respond to, and recover from cybersecurity threats. To be eligible for a grant, a project must be a joint venture between: (1) for-profit, nonprofit, or academic entities (including U.S. national laboratories) in the United States and Israel; or (2) the governments of the United States and Israel. Grants shall be awarded only for projects considered unclassified by both the United States and Israel. DHS must require cost sharing of at least 50% from nonfederal sources for grant activities, but it may reduce the nonfederal percentage if necessary on a case-by-case basis. DHS must establish an advisory board to monitor the impartial scientific and technical merit method by which grants are awarded and provide periodic reviews of the actions taken to carry out the program. The grant program terminates seven years after this bill's enactment.

United States-Israel Cybersecurity Cooperation Enhancement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safer Officers and Safer Citizens Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) While police body worn cameras are not a panacea, they do contribute to keeping both law enforcement officers and citizens safer. (2) Increasing the use of body worn cameras by law enforcement officers has been shown by multiple studies to significantly reduce the number of use of force incidents and the number of citizen complaints. (3) Increased accountability and transparency in policing activities will benefit all our citizens, including our law enforcement officers. SEC. 3. GRANT PROGRAM. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART MM--GRANT PROGRAM FOR BODY WORN CAMERAS FOR LAW ENFORCEMENT OFFICERS ``SEC. 3031. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase body worn cameras for use by State, local, and tribal law enforcement officers. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of-- ``(A) body worn cameras for law enforcement officers; and ``(B) necessary initial supportive technological infrastructure for body worn cameras for law enforcement officers in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this part, the Director of the Bureau of Justice Assistance shall give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has in place a comprehensive policy that is-- ``(A) developed in consultation with a broad group of criminal justice experts and community members, and that contains policies and procedures addressing deployment, video capture, privacy protections, viewing, use, release, storage, retention, the effect on community-police interactions, and audits and controls; ``(B) supported by a comprehensive communication and education campaign that involves interested parties in law enforcement, courts, prosecution, the defense bar, civic leadership, labor organizations, victim and juvenile advocacy, the media, and the public; and ``(C) informed by the best practices on body worn cameras developed by the Department of Justice; ``(2) has the greatest need for body worn cameras based on the percentage of law enforcement officers in the department who do not have access to a body worn camera; ``(3) has a violent crime rate at or above the national average as determined by the Bureau of Justice Statistics; and ``(4) commits to submitting such metrics on the usage of body worn cameras, in such a format and at such a time as the Department of Justice shall reasonably specify, for the purposes of collecting and studying data on the effectiveness of body worn cameras to increase safety for both law enforcement officers and citizens. ``(d) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 75 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``SEC. 3032. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this part, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section, including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet in submitting the applications required under this section. ``SEC. 3033. DEFINITIONS. ``For purposes of this part-- ``(1) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(2) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders; ``(3) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and ``(4) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. ``SEC. 3034. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this part, $100,000,000 for each of fiscal years 2018 through 2022. ``(b) Remaining Funds.--Any amounts made available to carry out this part that are unobligated at the end of each fiscal year, shall be returned to the general fund of the Treasury for debt reduction.''. SEC. 4. OFFSET. (a) Findings.--Congress finds the following: (1) In 2010, the most current year for which figures are available, the Federal Government spent $1,670,000,000 operating and maintaining unutilized and underutilized buildings. (2) Federal agencies have consistently indicated that the disposal efforts of the agencies are often hampered by statutory requirements. (b) Offset.--Notwithstanding subtitle I of title 40, United States Code, or any other provision of law, the Administrator of General Services, in consultation with the Director of the Office of Management and Budget, may immediately identify and dispose of, through sale at fair market value or demolition if unsuitable for sale, the most financially burdensome excess Federal property, so as to generate not more than $500,000,000 in savings by the end of fiscal year 2022.

Safer Officers and Safer Citizens Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance to award matching grants to states, local governments, and Indian tribes to purchase body-worn cameras. The Bureau of Justice Assistance must give preference to grant applications from jurisdictions that: (1) have comprehensive policies and procedures related to implementation of a body-worn camera program, (2) have high percentages of officers without access to body-worn cameras, (3) have violent crime rates above the national average, and (4) agree to submit metrics on the use of body-worn cameras. As an offset, the bill allows the General Services Administration to identify and dispose of (i.e., sell or demolish) excess federal property.

Safer Officers and Safer Citizens Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stable Fire Funding Act of 2006''. SEC. 2. BUREAU OF LAND MANAGEMENT EMERGENCY FIREFIGHTING FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be used to pay 80 percent of the cost to the United States for Bureau of Land Management emergency wildland fire suppression activities that exceed amounts annually appropriated for wildland fire suppression activities (referred to in this section as the ``Fund''), consisting of-- (1) such amounts as are appropriated to the Fund under subsection (e); (2) such amounts as are appropriated but not expended for fire suppression activities, to be transferred to the Fund by the Secretary of the Interior; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.--Subject to paragraph (2), upon request by the Secretary of the Interior, the Secretary of the Treasury shall transfer from the Fund to the Secretary of the Interior such amounts as the Secretary of the Interior determines is necessary for wildland fire suppression activities under subsection (a). (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) Accounting and Reporting System.--The Secretary of the Interior shall establish an accounting and reporting system for the Fund in accordance with National Fire Plan reporting procedures. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund-- (1) for fiscal year 2007, $160,000,000 for emergency wildland fire suppression activities carried out by the Bureau of Land Management that exceed amounts annually appropriated for wildland fire suppression activities; and (2) for each subsequent fiscal year, such amount as is necessary to maintain in the Fund the amount that is equal to 80 percent of the greatest of the amounts incurred by the Secretary of the Interior for emergency fire suppression during any of the 5 preceding fiscal years that exceed amounts annually appropriated for wildland fire suppression activities. SEC. 3. FOREST SERVICE EMERGENCY FIREFIGHTING FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be used to pay 80 percent of the cost to the United States for Forest Service emergency wildland fire suppression activities that exceed amounts annually appropriated for wildland fire suppression activities (referred to in this section as the ``Fund''), consisting of-- (1) such amounts as are appropriated to the Fund under subsection (e); (2) such amounts as are appropriated but not expended for fire suppression activities, to be transferred to the Fund by the Secretary of Agriculture; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.--Subject to paragraph (2), upon request by the Secretary of Agriculture, the Secretary of the Treasury shall transfer from the Fund to the Secretary of Agriculture such amounts as the Secretary of Agriculture determines is necessary for wildland fire suppression activities under subsection (a). (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) Accounting and Reporting System.--The Secretary of Agriculture shall establish an accounting and reporting system for the Fund in accordance with National Fire Plan reporting procedures. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund-- (1) for fiscal year 2007, $510,000,000 for emergency wildland fire suppression activities carried out by the Forest Service that exceed amounts annually appropriated for wildland fire suppression activities; and (2) for each subsequent fiscal year, such amount as is necessary to maintain in the Fund the amount that is equal to 80 percent of the greatest of the amounts incurred by the Secretary of Agriculture for emergency fire suppression during any of the 5 preceding fiscal years that exceed amounts annually appropriated for wildland fire suppression activities.

Stable Fire Funding Act of 2006 - Establishes in the Treasury separate funds to be used to pay 80% of the cost for Bureau of Land Management (BLM) and Forest Service emergency wildland fire suppression activities that exceed amounts annually appropriated for wildland fire suppression activities.

A bill to provide for the establishment of emergency wildland fire suppression funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Medicare Coverage Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Medicare requires beneficiaries to be hospitalized for medically necessary inpatient hospital care for at least three consecutive days before covering post-hospital care in a skilled nursing facility under section 1861(i) of the Social Security Act (42 U.S.C. 1395x(i)). (2) Often patients remain under ``observation status'' in the hospital for several days and these observation days are not counted toward the 3-day stay requirement because they are considered outpatient days. (3) Hospitals' use of observation stays has increased sharply since 2006. According to the March 2014 report of the Medicare Payment Advisory Commission, outpatient visits, many of which are observation stays, increased 28.5 percent between 2006 and 2012, with a simultaneous 12.6 percent decrease in inpatient stays over this same six-year time period. A study published in Health Affairs found a 34-percent increase in the ratio of observation stays to inpatient admissions between 2007 and 2009, leading the researchers to conclude that outpatient observation status was becoming a substitute for inpatient admission. The same study also documented increases in long- stay outpatient status, including an 88-percent increase in observation stays exceeding 72 hours. (4) To health care providers, care provided during observation is indistinguishable from the care provided to inpatients and all medically necessary care is provided, regardless of patient status. Beneficiaries are generally not informed of their inpatient or outpatient status and assume that they are inpatients when they are placed in a hospital bed, only to find out that such care was not counted for purposes of satisfying eligibility requirements for medically prescribed Medicare coverage of post-hospital care in a skilled nursing facility. (5) Older Americans and people with disabilities who are hospitalized but do not meet the 3-day inpatient hospital stay requirement simply because they were placed in ``outpatient observation status'' for some or all of their hospital stay (even when their total actual stay exceeds three days in the hospital) can face a significant and unexpected financial burden, which can amount to thousands of dollars, for skilled nursing facility care. Among beneficiaries who received care in a skilled nursing facility that Medicare did not cover, the average out-of-pocket charges were more than $10,000, according to the Office of Inspector General of the Department of Health and Human Services. (6) The Centers for Medicare & Medicaid Services (CMS) attempted to provide hospitals with clarity on which patients should be categorized as inpatients in the inpatient hospital payment rule for fiscal year 2014. However, this rule fails Medicare beneficiaries because it does not address the problem and explicitly states that days spent in observation status do not count for purposes of satisfying the 3-day inpatient stay requirement. (7) Because of CMS' policy which indicates days under observation do not count towards the 3-day inpatient stay requirement, some patients under observation and their families will continue to face a significant, often insurmountable financial burden if they need skilled nursing care after their hospital stay. (8) This Act updates Medicare policy by deeming patients under observation as inpatients for the purposes of satisfying the Medicare 3-day inpatient stay requirement. This Act does not repeal the 3-day inpatient stay requirement; rather it simply expands the Secretary's administrative definition of ``inpatient'' for purposes of the 3-day stay requirement to include time spent under observation. As such, it is not a reprise of the Medicare Catastrophic Coverage Act of 1988, which repealed the 3-day requirement. This Act simply restores the original objective of the 3-day rule, which was to ensure Medicare coverage of skilled nursing facility stays following hospital care for patients who stayed in the hospital for 3 days. (9) It is the intent of this Congress, through this Act, to allow access to skilled nursing care for the population of beneficiaries who meet medical necessity requirements for such care, but who do not satisfy the 3-day inpatient stay requirement simply because some or all of their time in the acute care hospital is characterized as ``outpatient observation status'' for billing purposes. (10) It is the understanding of Congress that the Secretary of Health and Human Services will monitor patterns of behavior to ensure that providers deliver appropriate and needed levels of care. (11) The Office of the Inspector General of the Department of Health and Human Services is supportive of counting hospital observation days towards the 3-day inpatient stay requirement. In addition, in September 2013, the Congressionally established Commission on Long-Term Care recommended that CMS' count time spent in observation status toward meeting Medicare's 3-day stay requirement. In addition, in a December 2016 report, the Office of the Inspector General of the Department of Health and Human Services found that an increased number of Medicare beneficiaries classified as outpatients are paying more for care that is substantively similar, and have limited access to skilled nursing facility care due to their patient status. SEC. 3. COUNTING A PERIOD OF RECEIPT OF OUTPATIENT OBSERVATION SERVICES IN A HOSPITAL TOWARD THE 3-DAY INPATIENT HOSPITAL STAY REQUIREMENT FOR COVERAGE OF SKILLED NURSING FACILITY SERVICES UNDER MEDICARE. (a) In General.--Section 1861(i) of the Social Security Act (42 U.S.C. 1395x(i)) is amended by adding at the end the following: ``For purposes of this subsection, an individual receiving outpatient observation services shall be deemed to be an inpatient during such period, and the date such individual ceases receiving such services shall be deemed the hospital discharge date (unless such individual is admitted as a hospital inpatient at the end of such period).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to receipt of outpatient observation services beginning on or after January 1, 2017, but applies to a period of post-hospital extended care services that was completed before the date of the enactment of this Act only if an administrative appeal is or has been made with respect to such services not later than 90 days after the date of the enactment of this Act. Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement such amendment through an interim final regulation, program instruction, or otherwise.

Improving Access to Medicare Coverage Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to deem an individual receiving outpatient observation services in a hospital to be an inpatient for purposes of satisfying the three-day inpatient hospital-stay requirement with respect to Medicare coverage of skilled nursing facility services.

Improving Access to Medicare Coverage Act of 2017

SECTION 1. SHORT TITLE. This bill may be cited as the ``International Consumer Safety Information Act''. SEC. 2. INTERNATIONAL AGREEMENT FOR RECALLS OF AUTOS OR AUTO PARTS. (a) International Agreement.--The President shall attempt to achieve the goal of an international agreement governing the dissemination of information about recalls by manufacturers of motor vehicles and motor vehicle equipment with safety-related defects. The President shall take the necessary steps to begin negotiations within the appropriate international fora not later than 60 days after the date of the enactment of this Act. (b) Purpose.--The purpose of these negotiations shall be to establish an international agreement in which government officials agree to cooperate in furthering global transparency with respect to motor vehicles or motor vehicle equipment recalls so as to promote consumer safety and to enhance consumer confidence. (c) Guidelines for Governments.--The President shall consider the following criteria in the negotiations referred to in (a): (1) Member states should designate a competent authority within their own national government as the responsible authority for disseminating, to the public and to other foreign authorities, information about recalls of motor vehicles or motor vehicle equipment. (2) Member states should cooperate at the international level through their designated authorities through information exchange, communication, and joint action. (3) Member states should make available, to the public and to other governments through the collective publication of an Internet site managed for the purpose of the international agreement negotiated pursuant to this title, information on the following, at a minimum: (A) The name, title, and contact information for the competent authority in each member state regarding motor vehicles or motor vehicle equipment recalls. (B) The names of companies that have issued recalls, the companies' contact information, and the specific products that are being recalled. (C) The countries in which the recalls are effective, and the date of the recall. (4) Member states, in the interest of getting all relevant information to their competent authorities and having those authorities share it with other countries, should disseminate widely the final guidelines negotiated to all relevant government departments, agencies, and branches of government. (5) Developed Member states should seek to assist developing states in implementing this agreement, and to aid efforts by developing states to ensure compliance with the agreement. (6) Member states should establish a framework to conduct regular oversight and review to assess the operation and effectiveness of the agreement and to create a forum in which member states can share with other states the domestic laws and regulations they have adopted to implement the agreement. (d) Guidelines for Enterprises Engaged in Trade.--The President shall seek to include in the international agreement guidelines on recalls for enterprises engaged in exporting motor vehicles or motor vehicle equipment or manufacturing motor vehicle equipment for inclusion in vehicles to be exported. The President shall consider the following criteria when conducting the negotiations: (1) Transparency and disclosure.--Enterprises that export autos or auto parts into the global market or enterprises that manufacture component parts for autos that are sold into the global market should disclose all relevant information regarding a recall it undertakes to the competent authority in the country it initiates the recall and to the competent authority in the country in which it is incorporated. The information should be extensive enough to facilitate the listing referred to in (C)(3). (2) Consumer interests.--Enterprises should be cognizant of the fact that consumers transverse international borders and often take their vehicles with them; therefore, the enterprises should, to the greatest extent practical, make all consumers aware of recalls of motor vehicles or motor vehicle equipment, particularly in countries that border or are in proximity to a country in which the recall was initiated. (3) Cooperation with regulatory authorities.--Enterprises should cooperate promptly with the national authorities in any country that is requesting information about motor vehicle or motor vehicle equipment recall in an effort to safeguard consumer safety. SEC. 3. UNITED STATES GOVERNMENT COORDINATION OF INFORMATION ON FOREIGN RECALLS OF MOTOR VEHICLES OR MOTOR VEHICLE EQUIPMENT. (a) Development of Expertise in Recalls of Motor Vehicles or Motor Vehicle Equipment.--The President should designate the Secretary of Transportation as the competent authority in the United States Government: (1) The Secretary of Transportation should advise the President in negotiations referenced by section 2. (2) The Secretary of Transportation shall coordinate with and draw on the expertise of the appropriate officials in the Department of State, the Office of the United States Trade Representative, and the National Highway Traffic Safety Administration. (3) Until such time that the President concludes the negotiations referenced in section 2 and until there is an international Internet database that compiles the information in section 2(C)(3), the Secretary of Transportation shall post an official Internet site detailing the information to the greatest extent possible, in section 2(C)(3) in addition to information provided to the Secretary of Transportation by U.S. embassies abroad about recalls of motor vehicles or motor vehicle equipment in foreign countries. (b) Coordinated Federal Strategy.--The Department of State shall establish procedures by which United States embassies abroad will inform the Secretary of Transportation immediately when the Ambassador or commercial attache receives information about an impending or announced recall of motor vehicles or motor vehicle equipment. Immediately thereafter, the Secretary of Transportation shall notify the Senate Commerce Committee and the House Commerce Committee.

Urges the President to designate the Secretary of Transportation as the competent authority in the United States with respect to foreign recalls of motor vehicles or motor vehicle equipment. Directs the Department of State to establish procedures by which U.S. embassies abroad will inform the Secretary immediately about an impending or announced recall of motor vehicles or motor vehicle equipment.

International Consumer Safety Information Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Highway Flexibility Act''. SEC. 2. DIRECT FEDERAL-AID HIGHWAY PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: ``Sec. 150. Direct Federal-Aid highway program ``(a) Election by State Not To Participate.--Notwithstanding any other provision of law, a State may elect not to participate in a Federal program relating to highways, including any Federal highway program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59), this title, or title 49. ``(b) Direct Federal-Aid Highway Program.--Beginning in fiscal year 2011, the Secretary shall carry out a direct Federal-aid highway program in accordance with the requirements of this section. Under the program, the Governor or chief executive officer of a State may elect, not fewer than 90 days before the beginning of a fiscal year-- ``(1) to waive the right of the State to receive amounts apportioned or allocated to it under the Federal-aid highway program for the fiscal year to which the election relates; and ``(2) to receive instead the amount determined under subsection (e) for that fiscal year. ``(c) State Responsibility.-- ``(1) In general.--The Governor or chief executive officer of a State making an election under subsection (b) shall-- ``(A) agree to maintain the Interstate System in accordance with its current Interstate System program; ``(B) submit a plan to the Secretary describing-- ``(i) the purposes, projects, and uses to which amounts received under the direct Federal-aid highway program will be put; and ``(ii) which programmatic requirements of this title the State elects to continue; ``(C) agree to obligate or expend amounts received under the direct Federal-aid highway program exclusively for projects that would be eligible for funding under section 133(b) if the State was not participating in the program; and ``(D) agree to report annually to the Secretary on the use of amounts received under the direct Federal- aid highway program and to make the report available to the public in an easily accessible format. ``(2) No limitation on use of funds.--Except as provided in paragraph (1), the expenditure or obligation of funds received by a State under the direct Federal-aid highway program shall not be subject to regulation under this title (except for this section), title 49, or any other Federal law. ``(3) Election irrevocable.--An election under subsection (b) shall be irrevocable during the applicable fiscal year. ``(d) Effect on Pre-Existing Commitments.--The making of an election under subsection (b) shall not affect any responsibility or commitment of the State under this title for any fiscal year with respect to-- ``(1) a project or program funded under this title (other than under this section); or ``(2) any project or program funded under this title in any fiscal year for which an election under subsection (b) is not in effect. ``(e) Transfers.-- ``(1) In general.--The amount to be transferred to a State under the direct Federal-aid highway program for a fiscal year shall be the portion of the taxes appropriated to the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986, other than for the Mass Transit Account, for that fiscal year that is attributable to highway users in that State during that fiscal year, reduced by a pro rata share withheld by the Secretary to fund contract authority for programs of the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. ``(2) Transfers.-- ``(A) In general.--Transfers under the program-- ``(i) shall be made at the same time as deposits to the Highway Trust Fund are made by the Secretary of the Treasury; and ``(ii) shall be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, based on the most recent data available, and proper adjustments 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. ``(B) Limitation.--An adjustment under subparagraph (A)(ii) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. If the adjustment required under subparagraph (A)(ii) exceeds that percentage, the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii). ``(f) Application With Other Authority.--There shall be rescinded or canceled any contract authority under this chapter (and any obligation limitation) for a State for a fiscal year for which an election by that State is in effect under subsection (b). ``(g) Maintenance of Effort.-- ``(1) In general.--Not later than 30 days after the date on which an amount is distributed to a State or State agency under the State Highway Flexibility Act or an amendment made by that Act, the Governor or chief executive officer of the State shall certify to the Secretary that the State will maintain the effort of the State with regard to State funding for the types of projects that are funded by the amounts. ``(2) Amounts.--As part of the certification, the Governor or chief executive officer shall submit to the Secretary a statement identifying the amount of funds the State plans to expend from State sources during the covered period, for the types of projects that are funded by the amounts. ``(h) Treatment of General Revenues.--For purposes of this section, any general revenue funds appropriated to the Highway Trust Fund shall be transferred to a State under the program in the manner described in subsection (e).''. (b) Conforming Amendment.--The analysis for title 23, United States Code, is amended by inserting after the item relating to section 149 the following: ``150. Direct Federal-aid highway program.''. SEC. 3. ALTERNATIVE FUNDING OF PUBLIC TRANSPORTATION PROGRAMS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5341. Alternative funding of public transportation programs ``(a) Definitions.--In this section-- ``(1) the term `alternative funding program' means the program established under subsection (c); and ``(2) the term `covered programs' means the programs authorized under-- ``(A) sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 of title 49, United States Code; and ``(B) section 3038 of the Federal Transit Act of 1998 (49 U.S.C. 5310 note). ``(b) Election by State Not To Participate.--Notwithstanding any other provision of law, a State may elect not to participate in a Federal program relating to public transportation, including any Federal public transportation program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1144), title 23, or this title. ``(c) Public Transportation Program.-- ``(1) Program established.--Beginning in fiscal year 2011, the Secretary shall carry out an alternative funding program under which the Governor or chief executive officer of a State may elect, not fewer than 90 days before the beginning of a fiscal year-- ``(A) to waive the right of the State to receive amounts apportioned or allocated to it under the covered programs for the fiscal year to which the election relates; and ``(B) to receive an amount for that fiscal year that is determined in accordance with subsection (e). ``(2) Program requirements.-- ``(A) In general.--The Governor or chief executive officer of a State that participates in the alternative funding program shall-- ``(i) submit a plan to the Secretary describing-- ``(I) the purposes, projects, and uses to which amounts received under the alternative funding program will be put; and ``(II) which programmatic requirements of this title the State elects to continue; ``(ii) agree to obligate or expend amounts received under the alternative funding program exclusively for projects that would be eligible for funding under the covered programs if the State was not participating in the alternative funding program; and ``(iii) submit an annual report to the Secretary on the use of amounts received under the alternative funding program, and to make the report available to the public in an easily accessible format. ``(B) No limitation on use of funds.--Except as provided in subparagraph (A), the expenditure or obligation of funds received by a State under the alternative funding program shall not be subject to the provisions of this title (except for this section), title 23, or any other Federal law. ``(3) Election irrevocable.--An election under paragraph (1) shall be irrevocable during the applicable fiscal year. ``(d) Effect on Pre-Existing Commitments.--Participation in the alternative funding program shall not affect any responsibility or commitment of the State under this title for any fiscal year with respect to-- ``(1) a project or program funded under this title (other than under this section); or ``(2) any project or program funded under this title in any fiscal year for which the State elects not to participate in the alternative funding program. ``(e) Transfers.-- ``(1) In general.--The amount to be transferred to a State under the alternative funding program for a fiscal year shall be the portion of the taxes transferred to the Mass Transit Account of the Highway Trust Fund under section 9503(e) of the Internal Revenue Code of 1986, for that fiscal year, that is attributable to highway users in that State during that fiscal year. ``(2) Transfers.-- ``(A) In general.--Transfers under the program-- ``(i) shall be made at the same time as transfers to the Mass Transit Account of the Highway Trust Fund are made by the Secretary of the Treasury; and ``(ii) shall be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, based on the most recent data available, and proper adjustments 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. ``(B) Limitation.--An adjustment under subparagraph (A)(ii) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. If the adjustment required under subparagraph (A)(ii) exceeds that percentage, the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii). ``(f) Contract Authority.--There shall be rescinded or canceled any contract authority under this chapter (and any obligation limitation) for a State for a fiscal year for which the State elects to participate in the alternative funding program. ``(g) Maintenance of Effort.-- ``(1) In general.--Not later than 30 days after the date on which an amount is distributed to a State or State agency under the State Highway Flexibility Act or an amendment made by that Act, the Governor or chief executive officer of the State shall certify to the Secretary that the State will maintain the effort of the State with regard to State funding for the types of projects that are funded by the amounts. ``(2) Amounts.--The certification under paragraph (1) shall include a statement identifying the amount of funds the State plans to expend from State sources for projects funded under the alternative funding program, during the fiscal year for which the State elects to participate in the alternative funding program. ``(h) Treatment of General Revenues.--For purposes of this section, any general revenue funds appropriated to the Highway Trust Fund shall be transferred to a State under the program in the manner described in subsection (e).''. (b) Conforming Amendment.--The analysis for title 49, United States Code, is amended by inserting after the item relating to section 5340 the following: ``5341. Alternative funding of public transportation programs.''.

State Highway Flexibility Act - Allows a state to elect not to participate in the federal-aid highway program, including any federal highway program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Directs the Secretary of Transportation (DOT), beginning in FY2011, to carry out a direct federal-aid highway program to permit a state governor or chief executive officer, at least 90 days before the beginning of a fiscal year, to elect to: (1) waive the state's right to receive apportioned or allocated funds under the federal-aid highway program, and (2) receive instead a prorated amount of taxes appropriated to the Highway Trust Fund (other than for the Mass Transit Account) which are attributable to highway users in the state. Requires a pro rata reduction of such tax-equivalent amount in order to fund contract authority for programs of the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA). Requires the state governor or chief executive officer making an election to: (1) agree to maintain the Interstate System in accordance with its current Interstate System program; (2) submit a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; and (3) agree to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding. Directs the Secretary to carry out a similar alternative funding program for public transportation programs.

To allow States to elect to receive contributions to the Highway Trust Fund in lieu of participating in the Federal-aid highway program or certain public transportation programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Witness Security and Protection Grant Program Act of 2015''. SEC. 2. WITNESS PROTECTION GRANT PROGRAM. (a) Definitions.--In this section-- (1) the term ``applicant'' means a State, tribal, or local government that applies for a grant under this section; and (2) the terms ``serious drug offense'' and ``serious violent felony'' have the meaning given those terms in section 3559(c)(2) of title 18, United States Code. (b) Grants Required.--Subject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving-- (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria.--In making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical Assistance.--From amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best Practices.-- (1) Report.--A recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of best practices.--Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing-- (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to states.--Not later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of congress.--It is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information.--Nothing in this section shall be construed to require the dissemination of any information that the Attorney General determines-- (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal Share.-- (1) In general.--The Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in- kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative Costs.--Of amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic Distribution.--In making grants under this section, the Attorney General shall-- (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress.--The Attorney General shall submit a report to Congress-- (1) not later than December 31, 2016, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than December 31, 2021, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2016 through 2020.

Witness Security and Protection Grant Program Act of 2015 This bill directs the Department of Justice (DOJ) to award competitive matching grants to state, local, and tribal governments to establish or maintain witness protection programs in cases related to: (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. DOJ must evaluate grant applications based on certain criteria, including the prevalence of witness intimidation, the presence of organized crime, and the per capita number of homicides, violent felonies, or serious drug offenses. The bill also requires DOJ to: (1) consider urban and rural applicants and ensure equitable geographic distribution of grant awards; and (2) develop and disseminate best practice models to help state, local, and tribal governments address witness protection and assistance issues.

Witness Security and Protection Grant Program Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Assistance Act for Persons with Mental Illness''. SEC. 2. FINDINGS. The Congress finds the following: (1) Many homeless individuals in the United States are individuals who have been discharged from inpatient or residential institutions for individuals with mental illness. (2) With proper predischarge housing counseling and related services, many such individuals can be accommodated in existing housing facilities. (3) Residential institutions for individuals with mental illness are funded and operated by States and units of general local government without direct Federal involvement. SEC. 3. DEFINITIONS. Section 1919 of the Public Health Service Act (42 U.S.C. 300x-8) is amended by adding at the end the following new paragraphs: ``(3) Housing counseling.--The term `housing counseling' means counseling furnished to an individual before the individual's release from an inpatient or residential institution for individuals with mental illness that includes discussions with an accredited or experienced advisor from a community-based non-profit organization on, and distribution to such individual by such an advisor of, information about how the application and grant processes work for Federal, State, and local housing assistance, about selection preferences for such housing assistance, about how rent is determined for applicable public housing, and about the duration for which the individual would be eligible to stay in such public housing. Such counseling shall include information on any of the following topics, as appropriate: ``(A) Housing choice vouchers under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)). ``(B) Direct housing subsidies. ``(C) Non-profit housing. ``(D) Public housing (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). ``(E) Rent supplements and assistance programs. ``(F) Co-operative housing. ``(G) Permanent supportive housing. ``(H) Private-sector housing affordable to the individual. ``(I) Tax credit programs. ``(J) Local laws regarding renters' rights. ``(K) Home mortgages. ``(L) Mortgage refinancing. ``(M) Home equity loans. ``(N) Home repair loans. ``(O) Property taxes. ``(P) Other housing options for low-income individuals or other applicable groups of individuals. ``(4) Financial counseling.--The term `financial counseling' means counseling furnished to an individual before the individual's release from a residential institution for individuals with mental illness that includes discussions with an accredited or experienced advisor from a community-based non-profit organization on, and distribution to such individual by such an advisor of, information about issues relating to financial literacy and education to promote an understanding of consumer, economic, and personal finance issues and concepts, including the following, as appropriate: ``(A) Saving for retirement. ``(B) Managing credit. ``(C) Long-term care. ``(D) Estate planning. ``(E) Predatory lending. ``(F) Identity theft. ``(G) Financial abuse schemes. ``(H) Work incentives. ``(I) Money management skills building.''. SEC. 4. USE OF CERTAIN BLOCK GRANT FUNDS FOR HOUSING COUNSELING, FINANCIAL COUNSELING, AND PERIODIC EVALUATION. (a) Use of Funds Under Existing Program Permitted.--Funds made available to States and units of general local government under the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), and under the block grant programs for community mental health services and for the prevention and treatment of substance abuse under part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.), may be used for purposes of providing housing counseling and financial counseling (as such terms are defined in paragraphs (3) and (4), respectively, of section 1919 of the Public Health Service Act (42 U.S.C. 300x-8), as added by section 3) for individuals before their release from inpatient or residential institutions for individuals with mental illness and for purposes of biannual evaluations of the appropriateness of such counseling provided for such individuals following such release. (b) Sense of Congress About Using Funds for This Purpose.--It is the sense of Congress that States and units of general local government should use a reasonable portion of the funds described in subsection (a) to provide for housing counseling, financial counseling, and biannual evaluations described in such subsection. SEC. 5. AMENDMENTS TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND PUBLIC HEALTH SERVICE ACT. (a) Statement of Projected Use of Funds and Reports by Recipients of Community Development Block Grant Funds.-- (1) Statement of projected use of funds to include funds used for housing counseling and financial counseling.--Section 104(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(a)(1)) is amended by adding at the end the following new sentence: ``Each statement of projected use of funds required under this paragraph shall include a specific statement of the portion of funds received under section 106 that are expected to be used pursuant to section 4(a) of the Community Assistance Act for Persons with Mental Illness to provide housing counseling and financial counseling (as such terms are defined in section 1919 of the Public Health Service Act) for individuals before their release from inpatient or residential institutions for individuals with mental illness and for biannual evaluations of the appropriateness of such counseling provided for such individuals following such release.''. (2) Reports on housing counseling and financial counseling provided.--Section 104(e) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(e)) is amended by inserting after the third sentence the following new sentences: ``The report shall include a specific statement of the portion of funds received by the grantee under section 106 that were used pursuant to section 4(a) of the Community Assistance Act for Persons with Mental Illness to provide housing counseling and financial counseling (as such terms are defined in section 1919 of the Public Health Service Act) for individuals before their release from inpatient or residential institutions for individuals with mental illness, a description of the housing counseling and financial counseling provided, a specific statement of the portion of such funds used to evaluate biannually the appropriateness of such counseling provided for such individuals following such release, and a description of the type of the evaluations made. The report shall also include recommendations for the further improvement of such counseling and such biannual evaluations.''. (b) State Plan and Reports by States Receiving Block Grants for Community Mental Health Services and for Prevention and Treatment of Substance Abuse.-- (1) Inclusion of housing counseling and financial counseling in state plan for comprehensive community-based mental health systems.--The second sentence of section 1912(b)(1) of the Public Health Service Act (42 U.S.C. 300x- 2(b)(1)) is amended-- (A) by inserting ``housing counseling (as defined in section 1919(4)), financial counseling (as defined in section 1919(5),'' after ``medical and dental care,''; and (B) by inserting ``, including individuals who are released from inpatient or residential institutions,'' after ``support services to be provided to individuals''. (2) Reports on housing counseling and financial counseling provided.--Section 1942(a) of such Act (42 U.S.C. 300x-52(a)) is amended-- (A) in paragraph (1), at the end by striking at the end ``and''; (B) in paragraph (2), at the end by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) with respect to a grant under section 1911, the number of individuals in the State who were transitioned out of inpatient or residential institutions for individuals with mental illness, the housing counseling and financial counseling furnished to such individuals for purposes of such transition into the community, and the number of such individuals who returned to such an institution after being released from such institution and the reasons for such return.''. (c) Reports by Secretary of Housing and Urban Development and Secretary of Health and Human Services.-- (1) Not later than 6 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Health and Human Services shall each submit to the Congress a report describing the projected use of funds received under the applicable block grant program referred to in section 4(a) for fiscal year 2010 to provide housing counseling and financial counseling (as such terms are defined in paragraphs (4) and (5) of section 1919 of the Public Health Service Act (42 U.S.C. 300x-8), as added by section 3) for individuals before their release from inpatient or residential institutions for individuals with mental illness and biannual evaluations of the appropriateness of such counseling provided for such individuals following such release. (2) Not later than September 30, 2011, and annually thereafter, the Secretary of Housing and Urban Development and the Secretary of Health and Human Services shall each submit to the Congress a report describing the actual use of amounts received under the applicable block grant program referred to in section 4(a) for the previous 12-month period to provide the housing counseling, financial counseling, and biannual evaluation described in paragraph (1). Each such report shall include-- (A) an analysis of the feasibility and desirability of requiring, as a condition of receipt of funds under the applicable block grant program, that each State and unit of general local government either have a program providing for such housing counseling, financial counseling, and biannual evaluation or for the development of a prerelease housing plan; (B) an analysis of the feasibility and desirability of requiring States and units of general local government to reserve for such purpose a certain portion or amount of the funds received under such block grant program; and (C) any recommendations of the applicable Secretary for legislative changes in such block grant program. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to grants made for periods beginning on or after October 1, 2010.

Community Assistance Act for Persons with Mental Illness - Authorizes the use of specified funds, by state and local governments under the community development, mental health services, and substance abuse prevention and treatment block grant programs of the Housing and Community Development Act of 1974 and the Public Health Service Act, to provide housing counseling and financial counseling for individuals before their release from institutions for individuals with mental illness. Amends the Public Health Service Act to include in a state plan for comprehensive community-based mental health systems: (1) housing counseling; (2) financial counseling; and (3) support services for individuals released from inpatient or residential institutions.

To encourage States and units of general local government to use amounts received under the community development block grant program and the community mental health services and substance abuse block grant programs to provide housing counseling and financial counseling for individuals before their release from inpatient or residential institutions for individuals with mental illness and periodic evaluation of the appropriateness of such counseling after such release.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HHS Women Scientist Employment Opportunity Act''. SEC. 2. WOMEN'S SCIENTIFIC EMPLOYMENT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following title: ``TITLE XXVIII--WOMEN'S SCIENTIFIC EMPLOYMENT WITH DEPARTMENT OF HEALTH AND HUMAN SERVICES ``SEC. 2801. WOMEN'S SCIENTIFIC EMPLOYMENT. ``(a) In General.-- ``(1) In general.--For each agency specified in paragraph (2), the Secretary, in collaboration with the head of the agency, shall-- ``(A) establish policies for the agency on matters relating to the employment by the agency of women as scientists, and periodically review and as appropriate revise such policies; and ``(B) monitor the extent of compliance with such policies and take appropriate action in cases in which the Secretary determines that the policies have been violated. ``(2) Specified agencies.--The agencies referred to in paragraph (1) are the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and such other agencies or offices of the Department of Health and Human Services as the Secretary determines to be appropriate. ``(b) Certain Functions.-- ``(1) In general.--In carrying out subsection (a) with respect to a specified agency, the Secretary shall provide for the following: ``(A) Determining the concerns of women scientists employed at the agency. ``(B) Developing a policy defining the standard tenure process for employment at the agency. ``(C) Determining the reason for departure from the agency by interviewing women and men scientists as they leave. ``(D) Distributing yearly to all employees of the agency copies of the policy of the agency on flexible family leave. ``(E) Monitoring the number of women, including minority women, included on the committees, panels, and other working groups (and in meetings) of the agency. ``(F) Making efforts to recruit minority women, based on the small numbers of tenured minority women scientists. ``(G) Developing additional goals related to women and minority women scientists at the agency. ``(2) Agency-specific provisions.--With respect to the National Institutes of Health, in carrying out subsection (a), the Secretary shall (in addition to activities under paragraph (1)) provide for the implementation of the recommendations of the group known as the Task Force on the Status of NIH Intramural Women Scientists. ``(c) Inclusion of Women on Intramural and Extramural Conferences and Other Groups.-- ``(1) In general.--The Secretary shall establish a policy at each specified agency of requiring inclusion of women scientists in greater numbers on or in conferences, workshops, meetings, international congresses, and other groups funded or sponsored by the agency. Such policy shall provide for the inclusion of not less than one woman scientist in each such group, except as provided in paragraph (2). This paragraph applies whether such groups are held for employees of the agency headquarters, for employees of field offices, or both. ``(2) Exclusion; written explanation.--The policy established in paragraph (1) may provide that no woman scientist will be included in a group for purposes of such paragraph if the Secretary provides a waiver of the requirement. The Secretary may grant such a waiver only if-- ``(A) the individual with the chief responsibility for the group involved submits to the Secretary a written request for the waiver and the request provides an explanation of the reasons underlying the need for the waiver; and ``(B) the Secretary makes a determination that extraordinary circumstances justify providing the waiver. ``(d) Study on Pay Equity.-- ``(1) In general.--For each specified agency, the Secretary shall provide for a study to identify any pay differences among men and women scientists employed by the agency, both tenured and untenured. The study shall include recommendations on measures to adjust any disparities or inequities, and shall identify a program to communicate information on salary ranges to all employees. ``(2) Report.--Not later than 240 days after the date of the enactment of the HHS Women Scientist Employment Opportunity Act, the Secretary shall complete the study required in paragraph (1) and submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings made as a result of the study. ``(e) Definitions.--For purposes of this section, the term `specified agency' means an agency specified in subsection (a)(2). ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2000 through 2002.''.

HHS Women Scientist Employment Opportunity Act - Directs the Secretary of Health and Human Services to: (1) establish policies for the Department of Health and Human Services on matters relating to the employment of women scientists; and (2) monitor compliance and take appropriate action if policies have been violated. Mandates implementation of the recommendations of the Task Force on the Status of NIH (National Institutes of Health) Intramural Women Scientists. Provides for a study and report on pay equity. Authorizes appropriations.

HHS Women Scientist Employment Opportunity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Transportation Infrastructure Research and Technology Transfer Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Transportation infrastructure contributes to the pollution of surface and ground water because it is comprised of impervious surfaces that concentrate contaminants which are introduced into the water supply during storms. (2) Scientists and engineers have developed numerous technologies that can be incorporated into transportation infrastructure which control stormwater and mitigate nonpoint source water pollution. (3) There has not been widespread implementation of green transportation infrastructure by governments or private industry because of technical, regulatory, and social barriers, such as lack of training and awareness for builders. (4) The Federal Highway Administration, in partnership with the Environmental Protection Agency, has the technical expertise and capacity to promote the use of green transportation infrastructure technologies by State and local governments and private industry through education and outreach and technical assistance programs. SEC. 3. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS. (a) Establishment.--Subchapter I of chapter 55 of title 49, United States Code, is amended by inserting after section 5505 following new section: ``SEC. 5505A. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS. ``(a) Green Transportation Infrastructure Research and Technology Transfer.--The Secretary of Transportation shall make grants to nonprofit institutions of higher learning or consortia thereof to establish and operate university transportation centers to carry out research and development and technology transfer activities in the field of green transportation infrastructure. ``(b) Objectives.--The purpose of Centers established pursuant to this section shall be to-- ``(1) generate innovative and cost-effective approaches to mitigating environmental impacts throughout the lifecycle of transportation infrastructure; ``(2) develop holistic approaches to integrating green infrastructure into existing wastewater management systems; ``(3) promote adoption of innovative green transportation infrastructure systems by State and local governments and the private sector; and ``(4) manage technology transfer programs to disseminate information on best management practices in the area of green transportation infrastructure to State and local governments and the private sector. ``(c) Selection of Grant Recipients.-- ``(1) Applications.--In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning or consortia thereof shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require. ``(2) Merit review; priority.--Grants shall be awarded under this section on a merit-reviewed competitive basis. ``(3) Regional centers.--To the greatest extent practicable, the Secretary shall ensure that there is at least one grant recipient from each of the 10 United States Government regions that comprise the Standard Federal Regional Boundary System. ``(4) Selection criteria.--Except as otherwise provided by this section, the Secretary shall select each recipient of a grant under this section through a merit-reviewed competitive process on the basis of the following: ``(A) Demonstrated expertise in transportation research and environmental impacts of transportation infrastructure. ``(B) Demonstrated research capacity and technology transfer resources. ``(C) Existing or proposed partnerships with State and local governments and private industry involved in transportation-related construction, environmental impact mitigation, or other areas related to green transportation infrastructure research. ``(D) Capability to provide leadership in developing national best management practices, regional best management practices, or both in the field of green transportation infrastructure. ``(E) Expertise in specific regional climate characteristics which impact the effectiveness of green transportation infrastructure technologies and practices. ``(F) Demonstrated ability to disseminate results of research and education programs through a statewide or regionwide continuing education program. ``(G) The strategic plan the recipient proposes to carry out under the grant. ``(d) Activities.--The types of activities the Secretary may support under this section include the following: ``(1) Research and development of innovative technologies, construction techniques, or best management processes that mitigate the environmental impact of transportation infrastructure, including-- ``(A) assessments of the lifecycle environmental impact of local existing or planned transportation infrastructure; ``(B) integration of green transportation infrastructure elements into existing transportation or waste management systems; and ``(C) research, development, testing, and evaluation of new technologies or best management practices. ``(2) Establishment and operation of a regional technology transfer program to disseminate information on new technologies and best management practices to State and local governments, institutions of higher learning, and private industry in the region. ``(3) Study of the impact of State, local, and Federal regulations on the implementation of green transportation infrastructure technologies and practices. These studies shall include collaboration with appropriate Federal agencies to evaluate the effect of and possible changes to Federal and State regulations that impede implementation of green transportation infrastructure. ``(4) Public education campaigns to raise awareness of the benefits of green transportation infrastructure technologies, including activities to raise awareness and foster collaboration among regional governments, private industry, and other public and private stakeholders. ``(e) Annual Meeting.--The Secretary shall convene an annual meeting of the Centers established pursuant to this section in order to foster collaboration and communication among Center participants and disseminate best management practices. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. ``(g) Definition.--In this section, the term `green transportation infrastructure' includes infrastructure that-- ``(1) preserves and restores natural processes, landforms (such as floodplains), natural vegetated stream side buffers, wetlands, or other topographical features that can slow, filter, and naturally store stormwater runoff and floodwaters for future water supply and recharge of natural aquifers; ``(2) utilizes natural design techniques that infiltrate, filter, store, evaporate, and detain water close to its source; ``(3) minimizes the use of impervious surfaces in order to slow or infiltrate precipitation; ``(4) minimizes lifecycle energy consumption, including during construction, maintenance, use by vehicles, and destruction and recycling; and ``(5) minimizes lifecycle air pollution.''. (b) Conforming Amendment.--The table of sections for such subchapter is amended by inserting after the item relating to section 5505 the following new item: ``5505A. Regional Green Transportation Research Centers.''. SEC. 4. GREEN TRANSPORTATION INFRASTRUCTURE AMENDMENTS. Section 504 of title 23, United States Code, is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (A)(ii)-- (i) by striking ``and'' at the end of subclause (V); (ii) by striking the period at the end of subclause (VI); and (iii) by adding at the end the following new subclause: ``(VII) the use of green transportation infrastructure (as defined in section 5505A(g) of title 49) for environmental protection and mitigating environmental impacts of transportation construction.''; and (B) by adding at the end the following new subparagraph: ``(D) Interagency coordination.--The Institute shall coordinate the development of curriculum and courses with other Federal agencies with expertise in the course subject areas.''; and (2) in subsection (b)(2)(A)(i) by striking ``and traffic safety countermeasures'' and inserting ``traffic safety countermeasures, and options with respect to green transportation infrastructure (as defined in section 5505A(g) of title 49)''.

Green Transportation Infrastructure Research and Technology Transfer Act - (Sec. 3) Amends federal transportation law to direct the Secretary of Transportation to make grants to existing university transportation centers, or to consortia consisting of such a center and one or more institutions of higher education, to carry out green transportation infrastructure research and development and technology transfer activities. Defines "green transportation infrastructure" as infrastructure that: (1) preserves and restores natural processes, landforms (such as floodplains), natural vegetated stream side buffers, wetlands, or other topographical features that can slow, filter, and naturally store stormwater runoff and floodwaters for future water supply and recharge of natural aquifers; (2) uses natural design techniques to manage stormwater; and (3) minimizes lifecycle energy consumption and air pollution. Requires grant recipients to be selected on a merit-reviewed competitive basis according to specified criteria, including demonstrated expertise in transportation and green infrastructure research and technology transfer resources. Authorizes appropriations for FY2009-FY2010. (Sec. 4) Directs the National Highway Institute of the Federal Highway Administration to continually develop courses relating to the application of emerging technologies for the use of green transportation infrastructure for environmental protection and mitigating environmental impacts of transportation construction. Adds green transportation infrastructure options as a road and transportation area for which the Secretary may make local technical assistance program grants to assist rural, local transportation agencies and tribal governments to develop and expand their expertise.

To provide for the establishment of Green Transportation Infrastructure Research and Technology Transfer Centers, and for other purpose.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meth Mouth Correctional Costs and Reentry Support Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; purpose; definitions. Sec. 4. Inclusion of oral health and dental care inmate and probationer statistics. Sec. 5. Study of methamphetamine-related oral health costs in jails and prisons. Sec. 6. Interim assistance for correctional dental programs. Sec. 7. Grants for dental care offender reentry projects. SEC. 3. FINDINGS; PURPOSE; DEFINITIONS. (a) Findings.--The Congress finds as follows: (1) One of the unexpected results of the methamphetamine epidemic has been prisoners' need for costly dental care. By some accounts, more than 30 percent of prison inmates suffer from meth mouth and about 40 percent of correctional dental spending goes toward repairing or removing teeth ravaged by methamphetamine use. (2) Every year some 600,000 inmates are released from Federal and State prisons and return to their communities and families. (3) Ex-offenders who are healthy have greater success in reintegrating into the community and avoiding incarceration. (4) There have been few published studies (and virtually no routine data collections) that adequately characterize the oral health of inmates and the provision of dental care in correctional facilities. In fact, the absence of peer-reviewed literature has resulted in the perpetual underfunding and understaffing of correctional dental care programs. (b) Purpose.--The purposes of this Act are to-- (1) investigate and report on the oral health of inmates of correctional facilities and on the provision of dental care in such facilities; (2) temporarily sustain dental programs in correctional facilities that have been suddenly and disproportionately taxed by the prevalence and severity of inmate meth mouth; (3) ensure that oral health and dental care are accounted for in the Department of Justice's prisoner reentry initiatives; and (c) Definitions.--For purposes of this Act: (1) Correctional facility; detention facility.--The terms ``correctional facility'' and ``detention facility'' mean any place for the confinement or rehabilitation of offenders or individuals charged with or convicted of criminal offenses. (2) Inmate.--The term ``inmate'' means any person who is incarcerated or detained in any correctional facility and who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program. (3) Meth mouth.--The term ``meth mouth'' means a distinct and often severe pattern of oral decay that is commonly associated with methamphetamine use. (4) Offender reentry.--The term ``offender reentry'' means the process of returning individuals to society after a period of incarceration in a prison, jail, or other detention facility. SEC. 4. INCLUSION OF ORAL HEALTH AND DENTAL CARE INMATE AND PROBATIONER STATISTICS. Part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new section: ``SEC. 305. JUSTICE STATISTICS TO INCLUDE DATA ON PROVISION OF DENTAL CARE. ``(a) In General.--In collecting, compiling, analyzing, publishing, and disseminating justice statistics relating to the operation of the criminal justice system under this part, the Director of the Bureau of Justice Statistics shall include and take into account data characterizing the oral health of inmates of correctional facilities and the provision of dental care in correctional facilities. Such data shall address at least the following information: ``(1) The prevalence in such facilities of inmate dental caries (tooth decay), periodontal diseases, and other conditions affecting the teeth, gums, and mouth or affecting the proper function thereof. ``(2) The types of therapies used in such facilities to diagnose, cure, mitigate, treat, or prevent the onset of the conditions described in paragraph (1). ``(3) The presentable oral condition of inmates at the time of release of the inmates from such facilities (as would likely be observed by an individual who is not an oral health professional). ``(4) The size and disposition of inmate dental programs and program budgets, including the number of dentists and allied oral health professionals on staff, under contract, or otherwise used to furnish inmate dental care. ``(b) Use of Data.--The Director may request and use such information, data, and reports from any Federal, State, local, or private entity, as may be required to carry out subsection (a). Such information, data, and reports may be used only with prior written consent from the Federal, State, local, or private entity involved.''. SEC. 5. STUDY OF METHAMPHETAMINE-RELATED ORAL HEALTH COSTS IN JAILS AND PRISONS. (a) Study.--In carrying out section 305 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3737 et seq.), as added by section 4, the Attorney General, acting through the Director of the Bureau of Justice Statistics, shall conduct a study to determine the extent to which methamphetamine use affects the demand for (and provision of) oral health care in correctional facilities. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Bureau of Justice Statistics shall publish a report detailing the results of the study under subsection (a). Such report shall include the following information: (1) The prevalence and severity of inmate oral health problems believed to be associated with methamphetamine use. (2) The criteria most commonly used to determine whether an inmate's oral health problems are associated with methamphetamine use. (3) The therapies most commonly used to treat inmate meth mouth. (4) The clinical prognosis for inmates who received care for meth mouth. (5) The financial impact of meth mouth on Federal, State, and local corrections budgets. (6) The efficacy of oral health care programs designed to address meth mouth. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for the period of fiscal years 2009 through 2011. Amounts authorized for appropriation under this subsection are in addition to any other amounts authorized for appropriation for such purpose. SEC. 6. INTERIM ASSISTANCE FOR CORRECTIONAL DENTAL PROGRAMS. Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new section: ``SEC. 110. INTERIM ASSISTANCE GRANTS FOR CORRECTIONAL DENTAL PROGRAMS. ``(a) In General.--The Assistant Attorney General shall make grants to States and local, territorial, and tribal units of government, for the purpose of developing, enhancing, or otherwise sustaining dental programs that provide for the oral health of jail and prison inmates. ``(b) Eligibility.-- ``(1) Application.--To be eligible for grants under this section, an entity shall prepare and submit an application at such time, in such manner, and containing such information as the Assistant Attorney General may require. ``(2) Preference.--In awarding grants under this section, the Assistant Attorney General shall give preference to applicants that demonstrate a compelling need for financial assistance due to the prevalence and severity of inmate meth mouth. ``(c) Use of Funds.--Amounts awarded under this section may be used-- ``(1) to recruit, hire, or otherwise secure the services of dentists, allied dental personnel, and other oral health professionals; ``(2) to rent, purchase, or otherwise secure dental instruments, equipment, and supplies; ``(3) to survey, document, and report on-- ``(A) the prevalence and severity of inmate oral health problems believed to be associated with methamphetamine use; ``(B) the criteria most commonly used to determine whether an inmate's oral health problems are associated with methamphetamine use; ``(C) the therapies most commonly used to treat inmates with meth mouth; ``(D) the prognosis for inmates who received care for meth mouth; and ``(E) the financial impact of meth mouth on State and local corrections budgets; and ``(4) to support other activities deemed appropriate by the Assistant Attorney General. ``(d) Matching Requirement.--The Federal share of a grant received under this section may not exceed 50 percent of the total costs of the activity funded by such grant. ``(e) Coordination of Activities.--The Assistant Attorney General may enter into contracts or agreements with other Federal agencies, including interagency agreements to delegate authority for the execution of grants and for such other activities as may be necessary to carry out this section. ``(f) Meth Mouth Defined.--For purposes of this section, the term `meth mouth' means a distinct and often severe pattern of oral decay that is commonly associated with methamphetamine use. ``(g) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 to carry out this section for each of the fiscal years 2009 through 2011. Amounts authorized for appropriation under this subsection are in addition to any other amounts authorized for appropriation for such purpose.''. SEC. 7. GRANTS FOR DENTAL CARE OFFENDER REENTRY PROJECTS. Part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w et seq.) is amended by adding at the end the following new section: ``SEC. 2978. GRANTS FOR DENTAL CARE OFFENDER REENTRY PROJECTS. ``(a) Grant Authorization.--The Attorney General shall make grants to State, local, territorial, and tribal units of government to identify, eliminate, and report on the degree to which poor oral health undermines or otherwise impedes an inmate's successful transition to a stable, productive, and law-abiding life following his or her release from jail or prison. ``(b) Reentry Demonstration Projects Permitted.--In carrying out subsection (a), the Attorney General is authorized to make grants to entities described in such subsection to establish adult and juvenile offender reentry demonstration projects for the purpose of-- ``(1) developing and implementing dental treatment programs at correctional and detention facilities in which inmates are incarcerated for a period of time to permit or require emergency dental care; ``(2) evaluating the degree to which an inmate's presentable oral condition at the time of his or her release facilities the transition of such an inmate to stable, productive, and law-abiding life; ``(3) promoting good oral hygiene among inmates and encouraging inmates to obtain regular dental check-ups after their release; ``(4) monitoring an inmate's compliance with post-release treatment instructions and oral hygiene protocols; and ``(5) supporting other activities deemed appropriate by the Attorney General. ``(c) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2009 through 2011.''.

Meth Mouth Correctional Costs and Reentry Support Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Statistics to: (1) include in criminal justice system statistics data about the oral health of federal inmates and dental care provided in federal correctional facilities; and (2) conduct a study on how methampehtamine use affects the demand for (and provision of) oral health care in such facilities. Provides for Department of Justice (DOJ) grants to states and local, territorial, and tribal governments for: (1) oral health dental programs for federal inmates; (2) evaluating the extent to which poor oral health undermines or impedes an inmate's successful reentry into the community; and (3) establishing adult and juvenile offender reentry demonstration projects for inmate oral health programs during incarceration and after release.

To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to understand and comprehensively address the inmate oral health problems associated with methamphetamine use, and for other purposes.

SECTION 1. ESTABLISHMENT OF REGIONAL PRIVATE INDUSTRY COUNCILS UNDER THE JOB TRAINING PARTNERSHIP ACT. (a) In General.--Part D of title IV of the Job Training Partnership Act (29 U.S.C. 1731 et seq.) is amended by adding at the end the following: ``SEC. 457. REGIONAL PRIVATE INDUSTRY COUNCILS. ``(a) Establishment.-- ``(1) In general.--In the case of a labor market area that is located in more than one State, the Secretary, upon request of the Governor of each State in which the labor market area is located, shall establish a regional private industry council for the labor market area in accordance with this section. ``(2) Rule of construction.--A regional private industry council established for a labor market area under paragraph (1) shall be in addition to the private industry council established under section 102 for each service delivery area in which the labor market area is located. ``(b) Membership.-- ``(1) In general.--Each regional private industry council shall consist of members determined by each Governor consistent with the requirements contained in subsections (a) and (c) of section 102 of this Act. ``(2) Chairman.--The chairman of the council shall be selected from among members of the council who are representatives of the private sector. ``(3) Terms.--Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed. Any vacancy in the membership of the council shall be filled in the same manner as the original appointment. Any member of the council may be removed for cause in accordance with procedures established by the council. ``(c) Certification.--The Secretary shall certify a regional private industry council if the Secretary determines that its composition and appointments are consistent with the provisions of this section. Such certification shall be made or denied within 30 days after the date on which a list of members and necessary supporting documentation are submitted to the Secretary. When the Secretary certifies the council, it shall be convened within 30 days. ``(d) Functions.--Consistent with the requirements contained in section 103 of this Act, the Secretary shall establish the functions of each regional private industry council established under this section for the purpose of providing policy guidance for, and exercise oversight with respect to, activities under the job training plan for the labor market area of the council in partnership with the unit or units of general local government within the labor market area. ``(e) Funding.--Notwithstanding any other provision of this Act, to the extent practicable, amounts appropriated to carry out this part for any fiscal year shall be provided to labor market areas with respect to which a regional private industry council has been established under this section in accordance with the same terms and conditions applicable to amounts provided to service delivery areas under this Act. ``(f) Job Training Plan.-- ``(1) In general.--No funds appropriated to carry out this part for any fiscal year may be provided to any labor market area under this section except pursuant to a job training plan for two program years that, to the extent practicable, meets the requirements contained in section 104 of this Act. ``(2) Review and approval.--Consistent with the requirements contained in section 105 of this Act, not less than 120 days before the beginning of the first of the two program years covered by the job training plan-- ``(A) the proposed plan or summary thereof shall be published; ``(B) the proposed plan shall be made available for review and comment to all appropriate individuals and entities; ``(C) the proposed plan shall be reasonably available to the general public through such means as public hearings and local news facilities; ``(D) the final plan, or a summary thereof, shall be published not later than 80 days before the first of the two program years and shall be submitted to each Governor; ``(E) the final plan shall be submitted to the Secretary; and ``(F) the Secretary shall approve or disapprove the final plan not later than 30 days after the date on which the plan is submitted.''. (b) Conforming Amendment.--The table of contents of the Job Training Partnership Act (29 U.S.C. 1501 note) is amended by inserting after the item relating to section 456 the following: ``Sec. 457. Regional private industry councils.''

Amends the Job Training Partnership Act to direct the Secretary of Labor to establish regional private industry councils for labor market areas located in more than one State, upon request of the Governors of such States. Provides that such a regional private industry council shall be in addition to the private industry council established for each service delivery area in which the labor market area is located. Sets forth requirements for such regional private industry councils' membership, certification, functions, funding, and job training plans.

To amend the Job Training Partnership Act to establish regional private industry councils for labor market areas that are located in more than one State, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Tax Return Due Date Simplification and Modernization Act of 2011''. (b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. NEW DUE DATE FOR PARTNERSHIP FORM 1065, S CORPORATION FORM 1120S, AND C CORPORATION FORM 1120. (a) Partnerships.-- (1) In general.--Section 6072 is amended by adding at the end the following new subsection: ``(f) Returns of Partnerships.--Returns of partnerships under section 6031 made on the basis of the calendar year shall be filed on or before the 15th day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the third month following the close of the fiscal year.''. (2) Conforming amendment.--Section 6072(a) is amended by striking ``6017, or 6031'' and inserting ``or 6017''. (b) S Corporations.-- (1) In general.--So much of subsection (b) of 6072 as precedes the second sentence thereof is amended to read as follows: ``(b) Returns of Certain Corporations.--Returns of S corporations under sections 6012 and 6037 made on the basis of the calendar year shall be filed on or before the 31st day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the last day of the third month following the close of the fiscal year.''. (2) Conforming amendments.-- (A) Section 1362(b) is amended-- (i) by striking ``15th'' each place it appears and inserting ``last'', (ii) by striking ``2\1/2\'' each place it appears and inserting ``3'', and (iii) by striking ``2 months and 15 days'' in paragraph (4) and inserting ``3 months''. (B) Section 1362(d)(1)(C)(i) is amended by striking ``15th'' and inserting ``last''. (C) Section 1362(d)(1)(C)(ii) is amended by striking ``such 15th day'' and inserting ``the last day of the 3d month thereof''. (c) Conforming Amendments Relating to C Corporations.-- (1) Section 170(a)(2)(B) is amended by striking ``third month'' and inserting ``4th month''. (2) Section 563 is amended by striking ``third month'' each place it appears and inserting ``4th month''. (3) Section 1354(d)(1)(B)(i) is amended by striking ``3d month'' and inserting ``4th month''. (4) Subsection (a) and (c) of section 6167 are each amended by striking ``third month'' and inserting ``4th month''. (5) Section 6425(a)(1) is amended by striking ``third month'' and inserting ``4th month''. (6) Subsections (b)(2)(A), (g)(3), and (h)(1) of section 6655 are each amended by striking ``3rd month'' and inserting ``4th month''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to returns for taxable years beginning after December 31, 2011. (2) Delayed date for c corporations with fiscal years ending on june 30.--In the case of any C corporation with a fiscal year ending on June 30, the amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. MODIFICATION OF DUE DATES BY REGULATION. In the case of returns for taxable years beginning after December 31, 2011, the Secretary of the Treasury or the Secretary's delegate shall modify appropriate regulations to provide as follows: (1) The maximum extension for the returns of partnerships filing Form 1065 shall be a 6-month period ending on September 15 for calendar year taxpayers. (2) The maximum extension for the returns of trusts filing Form 1041 shall be a 5\1/2\-month period ending on September 30 for calendar year taxpayers. (3) The maximum extension for the returns of employee benefit plans filing Form 5500 shall be an automatic 3\1/2\- month period ending on November 15 for calendar year taxpayers. (4) The maximum extension for the returns of organizations exempt from income tax filing Form 990 shall be an automatic 6- month period ending on November 15 for calendar year filers. (5) The due date of Form 3520-A (relating to the Annual Information Return of Foreign Trust with a United States Owner) for calendar year filers shall be April 15 with a maximum extension for a 6-month period ending on October 15. (6) The due date of Form TD F 90-22.1 (relating to Report of Foreign Bank and Financial Accounts) shall be April 15 with a maximum extension for a 6-month period ending on October 15 and with provision for an extension under rules similar to the rules in Treas. Reg. section 1.6081-5. For any taxpayer required to file such Form for the first time, any penalty for failure to timely request for, or file, an extension, may be waived by the Secretary. SEC. 4. CORPORATIONS PERMITTED STATUTORY AUTOMATIC 6-MONTH EXTENSION OF INCOME TAX RETURNS. (a) In General.--Section 6081(b) is amended by striking ``3 months'' and inserting ``6 months (7 months in the case of a C corporation described in section 2(d)(2) of the Tax Return Due Date Simplification and Modernization Act of 2011)''. (b) Uniform Rule After Certain C Corporations Are Subject to General Filing Rules.--Section 6081(b), as amended by subsection (a), is amended by striking ``6 months (7 months in the case of a C corporation described in section 2(d)(2) of the Tax Return Due Date Simplification and Modernization Act of 2011)'' and inserting ``6 months''. (c) Conforming Amendments.-- (1) Section 6081(a) is amended by inserting ``or C corporations that are described in section 2(d)(2) of the Tax Return Due Date Simplification and Modernization Act of 2011'' after ``abroad''. (2) Section 6081(a), as amended by paragraph (1) is amended by striking ``or C corporations that are described in section 2(d)(2) of the Tax Return Due Date Simplification and Modernization Act of 2011'' after ``abroad''. (d) Effective Dates.-- (1) In general.--The amendments made by subsections (a) and (c)(1) shall apply to returns for taxable years beginning after December 31, 2011. (2) Uniform rule.--The amendments made by subsections (b) and (c)(2) shall apply to returns for taxable years beginning after December 31, 2021.

Tax Return Due Date Simplification and Modernization Act of 2011 - Amends the Internal Revenue Code to change tax return due dates for partnerships (from April 15 to March 15, with extensions until September 15), S corporations (from March 15 to March 31, with extensions until September 30), and C corporations (from March 15 to April 15, with extensions until October 15). Makes the new return date for C corporations with a fiscal year ending on June 30 applicable to taxable years beginning after December 31, 2021. Requires the Secretary of the Treasury, for taxable years beginning after December 31, 2011, to modify by regulation the due dates for extensions of tax returns for partnerships, estates, employee benefit plans, and tax-exempt organizations. Sets a due date of April 15 for the annual information return of a foreign trust with a U.S. owner and for the report of foreign bank and financial accounts (with extensions until October 15). Extends the automatic extension for corporate income tax returns from three to six months (seven months for C corporations with a fiscal year ending on June 30).

To amend the Internal Revenue Code of 1986 to provide for the logical flow of return information between partnerships, corporations, trusts, estates, and individuals to better enable each party to submit timely, accurate returns and reduce the need for extended and amended returns, to provide for modified due dates by regulation, and to conform the automatic corporate extension period to longstanding regulatory rule.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Deborah Sampson Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PEER-TO-PEER ASSISTANCE Sec. 101. Pilot program on peer-to-peer assistance for women veterans separating or newly separated from service in the Armed Forces. Sec. 102. Expansion of capabilities of Women Veterans Call Center to include text messaging. Sec. 103. Provision of reintegration and readjustment services to veterans and family members in group retreat settings. TITLE II--LEGAL AND SUPPORTIVE SERVICES Sec. 201. Department of Veterans Affairs public-private partnership on legal services for women veterans. Sec. 202. Additional amount for Supportive Services for Veteran Families grant program to support organizations that have a focus on providing assistance to women veterans and their families. TITLE III--NEWBORN CARE Sec. 301. Extension of period of eligibility for care for newborn children from the Department of Veterans Affairs. Sec. 302. Source of amounts for medically necessary travel paid by the Department of Veterans Affairs in connection with care for newborn children. TITLE IV--ELIMINATING BARRIERS TO ACCESS Sec. 401. Women Veterans Retrofit Initiative. Sec. 402. Staffing of women's health primary care providers at medical facilities of the Department of Veterans Affairs. Sec. 403. Staffing of Women Veteran Program Manager program at medical centers of the Department of Veterans Affairs. Sec. 404. Additional funding for primary care and emergency care clinicians in Women Veterans Health Care Mini-Residency Program. TITLE V--DATA COLLECTION AND REPORTING Sec. 501. Requirement for collection and analysis of data on Department of Veterans Affairs benefits and services and disaggregation of such data by sex and minority status. Sec. 502. Report on availability of prosthetics for women veterans from the Department of Veterans Affairs. Sec. 503. Requirement for Department of Veterans Affairs Internet website to provide information on services available to women veterans. Sec. 504. Sense of Congress on changing motto of Department of Veterans Affairs to be more inclusive. TITLE I--PEER-TO-PEER ASSISTANCE SEC. 101. PILOT PROGRAM ON PEER-TO-PEER ASSISTANCE FOR WOMEN VETERANS SEPARATING OR NEWLY SEPARATED FROM SERVICE IN THE ARMED FORCES. (a) Pilot Program Required.--Commencing not later than January 1, 2018, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of facilitating peer-to-peer assistance for women veterans who are separating or newly separated from service in the Armed Forces. (b) Peer-to-Peer Assistance.--Peer-to-peer assistance under the pilot program shall consist of the following: (1) Provision of information about services and benefits provided under laws administered by the Secretary of Veterans Affairs. (2) Employment mentoring. (c) Duration.--The Secretary shall carry out the pilot program during the three-year period beginning on the date of the commencement of the pilot program. (d) Emphasis.--In carrying out the pilot program, the Secretary shall emphasize facilitating peer-to-peer assistance for women described in subsection (a) who suffered sexual trauma while serving in the Armed Forces, have post-traumatic stress disorder or suffer from another mental health condition, or are otherwise at risk of becoming homeless. (e) Outreach.--As part of the pilot program, the Secretary conduct a program of outreach to inform women veterans about the pilot program and the assistance available under the pilot program. (f) Coordination.-- (1) With government and community organizations.--Under the pilot program, the Secretary shall facilitate engagement and coordination with such community organizations, State and local governments, institutions of higher education, chambers of commerce, local business organizations, organizations that provide legal assistance, and other organizations as the Secretary considers appropriate to facilitate the transition of women described in subsection (a) into their communities. (2) With transition assistance program.--To the degree practicable, the Secretary shall coordinate facilitation of assistance under the pilot program with the program carried out under section 1144 of title 10, United States Code. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary such funds as may be necessary to carry out the pilot program. (2) Limitation.--Of the amounts appropriated under paragraph (1), the Secretary may not expend more than $100,000 on training and developing training materials for peer counselors. SEC. 102. EXPANSION OF CAPABILITIES OF WOMEN VETERANS CALL CENTER TO INCLUDE TEXT MESSAGING. The Secretary of Veterans Affairs shall expand the capabilities of the Women Veterans Call Center of the Department of Veterans Affairs to include a text messaging capability. SEC. 103. PROVISION OF REINTEGRATION AND READJUSTMENT SERVICES TO VETERANS AND FAMILY MEMBERS IN GROUP RETREAT SETTINGS. (a) In General.--Section 1712A of title 38, United States Code, is amended-- (1) in subsection (a)(1)(B)-- (A) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb); (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II); and (C) in the matter preceding subclause (I), as redesignated by subparagraph (B), by striking ``Counseling'' and inserting ``(i) Counseling''; and (D) by adding at the end the following new clause: ``(ii)(I) Except as provided in subclause (IV), counseling furnished to an individual under subparagraph (A) may include reintegration and readjustment services described in subclause (II) furnished in group retreat settings. ``(II) Reintegration and readjustment services described in this subclause are the following: ``(aa) Information on reintegration of the individual into family, employment, and community. ``(bb) Financial counseling. ``(cc) Occupational counseling. ``(dd) Information and counseling on stress reduction. ``(ee) Information and counseling on conflict resolution. ``(ff) Such other information and counseling as the Secretary considers appropriate to assist the individual in reintegration into family, employment, and community. ``(III) In furnishing reintegration and readjustment services under subclause (I), the Secretary shall offer women the opportunity to receive such services in group retreat settings in which the only participants are women. ``(IV) An individual referred to in subparagraph (C)(v) may receive reintegration and readjustment services under subclause (I) only if the individual receives such services with a family member described in subclause (I) or (II) of such subparagraph.''. (b) Request for Services.--Subsection (a)(2) of such section is amended-- (1) by striking ``Upon'' and inserting ``(A) Upon''; (2) by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(B)(i)''; and (3) by adding at the end the following new subparagraph: ``(B) Upon the request of an individual described in paragraph (1)(C), the Secretary shall furnish the individual reintegration and readjustment services in group retreat settings under paragraph (1)(B)(ii).''. TITLE II--LEGAL AND SUPPORTIVE SERVICES SEC. 201. DEPARTMENT OF VETERANS AFFAIRS PUBLIC-PRIVATE PARTNERSHIP ON LEGAL SERVICES FOR WOMEN VETERANS. (a) Partnership Required.--The Secretary of Veterans Affairs shall establish a partnership with at least one nongovernmental organization to provide legal services to women veterans. (b) Focus.--The focus of the partnership established under subsection (a) shall be on the 10 highest unmet needs of women veterans as set forth in the most recently completed Community Homelessness Assessment, Local Education and Networking Groups for Veterans (CHALENG for Veterans) survey. SEC. 202. ADDITIONAL AMOUNT FOR SUPPORTIVE SERVICES FOR VETERAN FAMILIES GRANT PROGRAM TO SUPPORT ORGANIZATIONS THAT HAVE A FOCUS ON PROVIDING ASSISTANCE TO WOMEN VETERANS AND THEIR FAMILIES. Section 2044(e) of title 38, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (E), by striking ``2017'' and inserting ``2016''; and (B) by adding at the end the following new subparagraph: ``(F) $340,000,000 for each of fiscal years 2017 and 2018.''; and (2) by adding at the end the following new paragraph: ``(4) Not less than $20,000,000 shall be available under paragraph (1)(F) for the provision of financial assistance under subsection (a) to organizations that have a focus on providing assistance to women veterans and their families.''. TITLE III--NEWBORN CARE SEC. 301. EXTENSION OF PERIOD OF ELIGIBILITY FOR CARE FOR NEWBORN CHILDREN FROM THE DEPARTMENT OF VETERANS AFFAIRS. Section 1786(a) of title 38, United States Code, is amended, in the matter preceding paragraph (1), by striking ``seven days'' and inserting ``14 days''. SEC. 302. SOURCE OF AMOUNTS FOR MEDICALLY NECESSARY TRAVEL PAID BY THE DEPARTMENT OF VETERANS AFFAIRS IN CONNECTION WITH CARE FOR NEWBORN CHILDREN. Section 1786 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) Source of Amounts for Travel.--Amounts paid by the Department for medically necessary travel in connection with health care services furnished under this section shall be derived from the Medical Services appropriations account of the Department.''. TITLE IV--ELIMINATING BARRIERS TO ACCESS SEC. 401. WOMEN VETERANS RETROFIT INITIATIVE. (a) In General.--The Secretary of Veterans Affairs shall retrofit existing medical facilities of the Department of Veterans Affairs with fixtures, materials, and other outfitting measures to support the provision of care to women veterans at such facilities. (b) Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address deficiencies in environment of care for women veterans at medical facilities of the Department. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $20,000,000 to carry out subsection (a) in addition to amounts otherwise made available to the Secretary for the purposes set forth in such subsection. SEC. 402. STAFFING OF WOMEN'S HEALTH PRIMARY CARE PROVIDERS AT MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs shall ensure that each medical facility of the Department of Veterans Affairs has not fewer than one full-time or part-time women's health primary care provider whose duties include, to the extent possible, providing training to other health care providers of the Department on the needs of women veterans. SEC. 403. STAFFING OF WOMEN VETERAN PROGRAM MANAGER PROGRAM AT MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall ensure that the Women Veteran Program Manager program of the Department of Veterans Affairs is supported at each medical center of the Department with a Women Veteran Program Manager and a Women Veteran Program Ombudsman. (b) Training.--The Secretary shall ensure that the staff required under subsection (a) receive the proper training to carry out their duties. SEC. 404. ADDITIONAL FUNDING FOR PRIMARY CARE AND EMERGENCY CARE CLINICIANS IN WOMEN VETERANS HEALTH CARE MINI-RESIDENCY PROGRAM. (a) In General.--There is authorized to be appropriated to the Secretary of Veterans Affairs $1,000,000 for each fiscal year for the Women Veterans Health Care Mini-Residency Program of the Department of Veterans Affairs to provide opportunities for participation in such program for primary care and emergency care clinicians. (b) Treatment of Amounts.--The amounts authorized to be appropriated under subsection (a) shall be in addition to amounts otherwise made available to the Secretary for the purposes set forth in such subsection. TITLE V--DATA COLLECTION AND REPORTING SEC. 501. REQUIREMENT FOR COLLECTION AND ANALYSIS OF DATA ON DEPARTMENT OF VETERANS AFFAIRS BENEFITS AND SERVICES AND DISAGGREGATION OF SUCH DATA BY SEX AND MINORITY STATUS. The Secretary of Veterans Affairs shall-- (1) collect and analyze data on each program of the Department of Veterans Affairs that provides a service or benefit to a veteran, including the program carried out under section 1144 of title 10, United States Code; (2) disaggregate such data by sex and minority status, when the data lends itself to such disaggregation; and (3) publish the data collected and analyzed under paragraph (1), except for such cases in which the Secretary determines that some portions of the data would undermine the anonymity of a veteran. SEC. 502. REPORT ON AVAILABILITY OF PROSTHETICS FOR WOMEN VETERANS FROM THE DEPARTMENT OF VETERANS AFFAIRS. Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the availability from the Department of Veterans Affairs of prosthetics made for women veterans, including an assessment of the availability of such prosthetics at each medical facility of the Department. SEC. 503. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS INTERNET WEBSITE TO PROVIDE INFORMATION ON SERVICES AVAILABLE TO WOMEN VETERANS. (a) In General.--The Secretary of Veterans Affairs shall survey the Internet websites and information resources of the Department of Veterans Affairs in effect on the day before the date of the enactment of this Act and publish an Internet website that serves as a centralized source for the provision to women veterans of information about the benefits and services available to them under laws administered by the Secretary. (b) Elements.--The Internet website published under subsection (a) shall provide to women veterans information regarding all of the services available in the district in which that the veteran is seeking such services, including, with respect to each medical center and community-based outpatient clinic in the applicable Veterans Integrated Service Network-- (1) the name and contact information of each women's health coordinator; (2) a list of appropriate staff for other benefits available from the Veterans Benefits Administration, the National Cemetery Administration, and such other entities as the Secretary considers appropriate; and (3) such other information as the Secretary considers appropriate. (c) Updated Information.--The Secretary shall ensure that the information described in subsection (b) that is published on the Internet website required by subsection (a) is updated not less frequently than once every 90 days. (d) Outreach.--In carrying out this section, the Secretary shall ensure that the outreach conducted under section 1720F(i) of title 38, United States Code, includes information regarding the Internet website required by subsection (a). (e) Derivation of Funds.--Amounts used by the Secretary to carry out this section shall be derived from amounts made available to the Secretary to publish Internet websites of the Department. SEC. 504. SENSE OF CONGRESS ON CHANGING MOTTO OF DEPARTMENT OF VETERANS AFFAIRS TO BE MORE INCLUSIVE. In is the sense of Congress that the Secretary of Veterans Affairs should change the motto of the Department of Veterans Affairs to be more inclusive.

Deborah Sampson Act This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program to assess the feasibility of peer-to-peer assistance for women veterans who are separating or newly separated from the Armed Forces), with emphasis placed on women who suffered service-related sexual trauma or who are at risk of becoming homeless. Additionally, the VA shall: expand the women veterans call center to include a text messaging capability; establish a partnership with at least one nongovernmental organization to provide legal services to women veterans based upon their 10 highest unmet needs; retrofit VA medical facilities with fixtures, materials, and other outfitting measures to support the care of women veterans; ensure that each VA medical facility has at least one full-time or part-time women's health primary care provider; expand to 14 days VA post-delivery care services for women veterans who are receiving maternity care in a VA or VA-contracted facility; ensure that the women veteran manager program is supported at each VA medical center with a program manager and an ombudsman; collect, analyze, and publish data on each VA service or benefit program and disaggregate such data by sex and minority status; and publish an Internet website that serves as a centralized information source for women veterans' benefits and services. The bill makes funds available for: (1) primary care and emergency care clinicians' participation in the women veterans health care mini-residency program, and (2) organizations that focus on providing assistance to women veterans and their families. The bill: (1) provides for reintegration and readjustment services to veterans and family members in group retreat settings, and (2) expresses the sense of Congress that the VA's motto should be more inclusive.

Deborah Sampson Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Cup Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) 34th america's cup.--The term ``34th America's Cup''-- (A) means the sailing competitions, commencing in 2011, to be held in the United States in response to the challenge to the defending team from the United States, in accordance with the terms of the America's Cup governing Deed of Gift, dated October 24, 1887; and (B) if a United States yacht club successfully defends the America's Cup, includes additional sailing competitions conducted by America's Cup Race Management during the 1-year period beginning on the last date of such defense. (2) America's cup race management.--The term ``America's Cup Race Management'' means the entity established to provide for independent, professional, and neutral race management of the America's Cup sailing competitions. (3) Eligibility certification.--The term ``Eligibility Certification'' means a certification issued under section 4. (4) Eligible vessel.--The term ``eligible vessel'' means a competing vessel or supporting vessel of any registry that-- (A) is recognized by America's Cup Race Management as an official competing vessel, or supporting vessel of, the 34th America's Cup, as evidenced in writing to the Administrator of the Maritime Administration of the Department of Transportation; (B) transports not more than 25 individuals, in addition to the crew; (C) is not a ferry (as defined under section 2101(10b) of title 46, United States Code); (D) does not transport individuals in point-to-point service for hire; and (E) does not transport merchandise between ports in the United States. (5) Supporting vessel.--The term ``supporting vessel'' means a vessel that is operating in support of the 34th America's Cup by-- (A) positioning a competing vessel on the race course; (B) transporting equipment and supplies utilized for the staging, operations, or broadcast of the competition; or (C) transporting individuals who-- (i) have not purchased tickets or directly paid for their passage; and (ii) who are engaged in the staging, operations, or broadcast of the competition, race team personnel, members of the media, or event sponsors. SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an eligible vessel, operating only in preparation for, or in connection with, the 34th America's Cup competition, may position competing vessels and may transport individuals and equipment and supplies utilized for the staging, operations, or broadcast of the competition from and around the ports in the United States. SEC. 4. CERTIFICATION. (a) Requirement.--A vessel may not operate under section 3 unless the vessel has received an Eligibility Certification. (b) Issuance.--The Administrator of the Maritime Administration of the Department of Transportation is authorized to issue an Eligibility Certification with respect to any vessel that the Administrator determines, in his or her sole discretion, meets the requirements set forth in section 2(4). SEC. 5. ENFORCEMENT. Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an Eligibility Certification shall be conclusive evidence to the Secretary of the Department of Homeland Security of the qualification of the vessel for which it has been issued to participate in the 34th America's Cup as a competing vessel or a supporting vessel. SEC. 6. PENALTY. Any vessel participating in the 34th America's Cup as a competing vessel or supporting vessel that has not received an Eligibility Certification or is not in compliance with section 12112 of title 46, United States Code, shall be subject to the applicable penalties provided in chapters 121 and 551 of title 46, United States Code. SEC. 7. WAIVERS. (a) In General.--Notwithstanding sections 12112 and 12132 and chapter 551 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for each of the following vessels: (1) M/V GEYSIR (United States official number 622178). (2) OCEAN VERITAS (IMO number 7366805). (3) LUNA (United States official number 280133). (b) Documentation of LNG Tankers.-- (1) In general.--Notwithstanding sections 12112 and 12132 and chapter 551 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for each of the following vessels: (A) LNG GEMINI (United States official number 595752). (B) LNG LEO (United States official number 595753). (C) LNG VIRGO (United States official number 595755). (2) Limitation on operation.--Coastwise trade authorized under paragraph (1) shall be limited to carriage of natural gas, as that term is defined in section 3(13) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(13)). (3) Termination of effectiveness of endorsements.--The coastwise endorsement issued under paragraph (1) for a vessel shall expire on the date of the sale of the vessel by the owner of the vessel on the date of enactment of this Act to a person who is not related by ownership or control to such owner. (c) Operation of a Dry Dock.--A vessel transported in Dry Dock #2 (State of Alaska registration AIDEA FDD-2) is not merchandise for purposes of section 55102 of title 46, United States Code, if, during such transportation, Dry Dock #2 remains connected by a utility or other connecting line to pierside moorage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

America's Cup Act of 2011 - Authorizes eligible competing or supporting vessels operating only in preparation for, or in connection with, the 34th America's Cup commencing in 2011 in the United States to position competing vessels and transport individuals, equipment, and supplies for such competition in and around U.S. ports. Prohibits vessels from operating unless issued an Eligibility Certification from the Administrator of the Maritime Administration of the Department of Transportation (DOT). Subjects noncompliant vessels to certain penalties. Authorizes the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation with a coastwise endorsement for the vessels: (1) M/V GEYSIR, (2) OCEAN VERITAS, and (3) LUNA. Authorizes issuance of a certificate of documentation with a coastwise endorsement for liquefying natural gas (LNG) tanker vessels: (1) LNG GEMINI, (2) LNG LEO, and (3) LNG VIRGO. Limits authorized coastwise trade for each vessel to the carriage of natural gas, as defined in the Deepwater Port Act of 1974. Prohibits a vessel transported in Dry Dock #2 (state of Alaska registration AIDEA FDD-2), if, during such transportation, such dock remains connected by a utility or other connecting line to pierside moorage, from being considered merchandise for purposes of certain coastwise trade requirements a vessel must otherwise meet before engaging in merchandise transportation.

To facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vessel Conveyance Act''. SEC. 2. CONVEYANCE OF UNITED STATES VESSELS FOR PUBLIC PURPOSES. (a) In General.--The conveyance of a United States Government vessel to an eligible entity for use as an educational, cultural, historical, charitable, or recreational or other public purpose shall be made subject to any conditions, including the reservation of such rights on behalf of the United States, as the Secretary considers necessary to ensure that the vessel will be maintained and used in accordance with the purposes for which it was conveyed, including conditions necessary to ensure that unless approved by the Secretary-- (1) the eligible entity to which the vessel is conveyed may not sell, convey, assign, exchange, or encumber the vessel, any part thereof, or any associated historic artifact conveyed to the eligible entity in conjunction with the vessel; and (2) the eligible entity to which the vessel is conveyed may not conduct any commercial activities at the vessel, any part thereof, or in connection with any associated historic artifact conveyed to the eligible entity in conjunction with the vessel, in any manner. (b) Reversion.--In addition to any term or condition established pursuant to this section, the conveyance of a United States Government vessel shall include a condition that the vessel, or any associated historic artifact conveyed to the eligible entity in conjunction with the vessel, at the option of the Secretary, shall revert to the United States and be placed under the administrative control of the Administrator if, without approval of the Secretary-- (1) the vessel, any part thereof, or any associated historic artifact ceases to be available for the educational, cultural, historical, charitable, or recreational or other public purpose for which it was conveyed under reasonable conditions which shall be set forth in the eligible entity's application; (2) the vessel or any part thereof ceases to be maintained in a manner consistent with the commitments made by the eligible entity to which it was conveyed; (3) the eligible entity to which the vessel is conveyed, sells, conveys, assigns, exchanges, or encumbers the vessel, any part thereof, or any associated historic artifact; or (4) the eligible entity to which the vessel is conveyed, conducts any commercial activities at the vessel, any part thereof, or in conjunction with any associated historic artifact. (c) Agreement Required.--Except as may be otherwise explicitly provided by statute, a United States Government vessel may not be conveyed to an entity unless that entity agrees to comply with any terms or conditions imposed on the conveyance under this section. (d) Records and Monitoring.-- (1) Compilation and transfer.--The Secretary shall provide a written or electronic record for each vessel conveyed pursuant to the Secretary's authority, including the vessel registration, the application for conveyance, the terms and conditions of conveyance, and any other documents associated with the conveyance, and any post-conveyance correspondence or other documentation, to the Administrator. (2) Monitoring.--For a period not less than 5 years after the date of conveyance the Administrator shall monitor the eligible entity's use of the vessel conveyed to ensure that the vessel is being used in accordance with the purpose for which it was conveyed. The Administrator shall create a written or electronic record of such monitoring activities and their findings. (3) Maintenance.--The Administrator shall maintain vessel conveyance records provided under paragraph (1), and monitoring records created under paragraph (2), on each vessel conveyed until such time as the vessel is destroyed, scuttled, recycled, or otherwise disposed of. The Administrator may make the records available to the public. (e) Cost Estimates.--The Secretary may provide an estimate to an eligible entity of the cost of maintaining and operating any vessel to be conveyed to that entity. (f) Guidance.--The Secretary may issue guidance concerning the types and extent of commercial activities, including the sale of goods or services incidental to, and consistent with, the purposes for which a vessel was conveyed, that are approved by the Secretary for purposes of subsections (a)(2) and (b)(4) of this section. SEC. 3. WORKING GROUP ON CONVEYANCE OF UNITED STATES VESSELS. Within 180 days after the date of enactment of this Act, the Secretary of Transportation shall convene a working group, composed of representatives from the Maritime Administration, the Coast Guard, and the United States Navy to review and to make recommendations on a common set of conditions for the conveyance of vessels of the United States to eligible entities (as defined in section 2(d)(2)). The Secretary may request the participation of senior representatives of any other Federal department or agency, as appropriate. SEC. 4. CIVIL ENFORCEMENT OF CONVEYANCE CONDITIONS. (a) Civil Administrative Penalties.-- (1) Any eligible entity found by the Secretary, after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have failed to comply with the terms and conditions under which a vessel was conveyed to it shall be liable to the United States for a civil penalty. The amount of the civil penalty under this paragraph shall not exceed $10,000 for each violation. Each day of a continuing violation shall constitute a separate violation. (2) Compromise or other action by the secretary.--The Secretary may compromise, modify, or remit, with or without conditions, any civil administrative penalty imposed under this section that has not been referred to the Attorney General for further enforcement action. (b) Hearing.--For the purposes of conducting any investigation or hearing under this section, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpoena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. Nothing in this Act shall be construed to grant jurisdiction to a district court to entertain an application for an order to enforce a subpoena issued by the Secretary of Commerce to the Federal Government or any entity thereof. (c) Jurisdiction.--The United States district courts shall have original jurisdiction of any action under this section arising out of or in connection with the operation, maintenance, or disposition of a conveyed vessel, and proceedings with respect to any such action may be instituted in the judicial district in which any defendant resides or may be found. For the purpose of this section, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii. (d) Collection.--If an eligible entity fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the matter may be referred to the Attorney General, who may recover the amount (plus interest at currently prevailing rates from the date of the final order). In such action the validity, amount, and appropriateness of the final order imposing the civil penalty shall not be subject to review. Any eligible entity that fails to pay, on a timely basis, the amount of an assessment of a civil penalty shall be required to pay, in addition to such amount and interest, attorney's fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such the entity's penalties and nonpayment penalties which are unpaid as of the beginning of such quarter. (e) Nationwide Service of Process.--In any action by the United States under this Act, process may be served in any district where the defendant is found, resides, transacts business or has appointed an agent for the service of process, and for civil cases may also be served in a place not within the United States in accordance with Rule 4 of the Federal Rules of Civil Procedure. SEC. 5. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Eligible entity.--The term ``eligible entity'' means a State or local government, nonprofit corporation, educational agency, community development organization, or other entity that agrees to comply with the conditions established under this section. (3) Secretary.--The term ``Secretary'' means the Secretary of the department or agency on whose authority a vessel is conveyed to an eligible entity. (4) United states government vessel.--The term ``United States government vessel'' means a vessel owned by the United States Government.

Vessel Conveyance Act - Subjects the conveyance of a U.S. government vessel to an eligible entity for use as an educational, cultural, historical, charitable, or recreational or other public purpose to conditions that such vessel will be maintained and used for such purposes. Requires a vessel that is not maintained and used for such purposes to revert to the United States. Directs the Secretary of Transportation to convene a working group composed of representatives from the Maritime Adminsitration, the Coast Guard, and the U.S. Navy to review and make recommendations on a common set of conditions for the conveyance of U.S. vessels to eligible entities. Sets forth civil penalties for violations of the requirements of this Act.

A bill to ensure that vessels of the United States conveyed to eligible recipients for educational, cultural, historical, charitable, recreational, or other public purposes are maintained and utilized for the purposes for which they were conveyed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Play for Family Farms Act of 2000''. SEC. 2. DEFINITION. In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. PRODUCER IMPACT ANALYSIS. (a) Interagency Cooperation.--The Secretary shall-- (1) monitor competitive conditions in the agricultural economy; (2) through designated personnel confer regularly with designated personnel in the Department of Justice and the Federal Trade Commission to discuss and review law enforcement and regulatory matters related to competitive conditions in the agricultural marketplace; and (3) share legal, economic, and technical information with the Department of Justice and the Federal Trade Commission, consistent with applicable confidentiality restrictions, in order to facilitate each agency's enforcement responsibilities and duties under this Act. (b) Review of Certain Mergers or Acquisitions.-- (1) Application.--This subsection applies to a merger or acquisition-- (A) with a value of more than $50,000,000; and (B) involving a person in the business of manufacturing an organic agricultural input for sale to farmers or in the business of purchasing livestock, poultry, or a basic agricultural commodity for wholesale resale either unprocessed or processed, who files a notification under section 7A of the Clayton Act (15 U.S.C. 18a). (2) Notice.--The Department of Justice and the Federal Trade Commission shall notify the Secretary of all filings described in paragraph (1). (3) Public comment.--The Secretary shall-- (A) publish promptly in the Federal Register a copy of each notice received under paragraph (2); (B) accept public comments on the proposed merger described in such notice; and (C) consider as part of the review required by paragraph (4), such comments timely received. (4) Review.--Not later than the expiration of the review period provided in section 7A of the Clayton Act (15 U.S.C. 18a), the Secretary shall-- (A) review the proposed merger or acquisition described in the notice; (B) determine-- (i) the probable effects such merger or acquisition would have on the prices paid to producers of any livestock, poultry, or basic agricultural commodities who sell to, buy from, or bargain with 1 or more of the persons involved in the proposed merger or acquisition; (ii) impacts on producers on a regional basis; (iii) past anticompetitive conduct of the companies under review; and (iv) whether such merger or acquisition would-- (I) result in significantly increased market power for any of such persons; and (II) increase the potential for anticompetitive or predatory pricing conduct by any of such persons; (C) prepare a report-- (i) containing-- (II) the detailed findings made by the Secretary as a result of such review and such determinations; and (II) an economic analysis of the Secretary regarding whether such merger or acquisition may substantially lessen competition or tend to create a monopoly; and (ii) not including proprietary information; and (D) transmit to the relevant Federal agencies and Congress and shall publish in the Federal Register, simultaneously, a copy of such report. SEC. 4. ASSISTANT ATTORNEY GENERAL FOR AGRICULTURAL ANTITRUST MATTERS. (a) In General.--There shall be established within the Department of Justice an Assistant Attorney General for Agriculture Competition, who shall be responsible for oversight and coordination of antitrust and related matters which affect agriculture, directly or indirectly. (b) Appointment.--The Assistant Attorney General for Agriculture Competition shall be appointed by the President subject to the advice and consent of the Senate. SEC. 5. STATUTORY TRUST FOR THE PROTECTION OF SELLERS OF LIVESTOCK TO MARKET AGENCIES AND LIVESTOCK DEALERS. Title III of the Packers and Stockyards Act, 1921 (7 U.S.C. 201 et seq.) is amended by adding at the end the following: ``SEC. 318. LIVESTOCK DEALER TRUST. ``(a) Findings.--Congress finds that-- ``(1) a burden on and obstruction to commerce in livestock is caused by financing arrangements under which dealers encumber, give lenders security interest in, or place liens on, livestock obtained by such persons by purchase in cash sales, or on inventories of or receivables or proceeds from such livestock, when payment is not made for livestock; and ``(2) such financing arrangements are contrary to the public interest. ``(b) Purpose.--The purpose and intent of this section is to remedy such burden on and obstruction to commerce in livestock and protect the public interest by creating a trust for the benefit of unpaid cash sellers of livestock. ``(c) Definitions.--In this section: ``(1) Cash sale.--The term `cash sale' means a sale in which the seller does not expressly extend credit to the buyer. ``(2) Dealer.--The term `dealer' includes a market agency purchasing livestock on a commission basis, for all purposes under and related to this section. ``(3) Trust corpus.--The corpus of a trust established under this section shall include the assets of a dealer that are held for the benefit of all unpaid cash sellers of livestock-- ``(A) including-- ``(i) all accounts receivable and proceeds derived from the sale of livestock purchased by the dealer in cash sales; and ``(ii) all livestock inventories of the dealer; and ``(B) not including-- ``(i) livestock purchased by a dealer for its own account for feeding in a feedlot or on pasture; and ``(ii) livestock purchased by a bona fide third-party purchaser for value. ``(d) Holding in Trust.-- ``(1) In general.--The accounts receivable and proceeds generated from livestock purchased in a cash sale by a dealer, and the inventory of the dealer, shall be held by the dealer in trust for the benefit of all unpaid cash sellers of such livestock until full payment has been received by such unpaid sellers. ``(2) Dishonor of instrument of payment.--Payment shall not be considered to have been made if the seller receives a payment instrument that is dishonored. ``(3) Loss of benefit of trust.--The unpaid seller shall lose the benefit of the trust under paragraph (1) unless the seller gives written notice to the dealer and to the Secretary-- ``(A) within 15 business days after the seller has received notice that the payment instrument promptly presented for payment has been dishonored; or ``(B) within 30 days after the final date for making payment under section 409. ``(4) Small entity exemption.--Any dealer whose average annual purchases of livestock do not exceed $250,000 is exempt from the provisions of this section. ``(5) Cattle feeding exemption.--Purchases by a dealer of livestock for its own account for feeding in a feedlot or on pasture shall not be considered dealer transactions for the purposes of this section. ``(6) Rights of third party purchaser.--The trust established under paragraph (1) shall have no effect on the rights of a bona fide third-party purchaser who has purchased livestock from a dealer for value, without regard to whether the livestock are delivered to the bona fide purchaser. ``(7) Animal care provider exemption.--Nothing in this section shall affect the rights of an animal care provider created by statute or common law. ``(e) Jurisdiction.-- ``(1) In general.--The district courts of the United States shall have jurisdiction in a civil action by-- ``(A) the beneficiary of a trust described in subsection (d)(1) to enforce payment of the amount due the seller from the trust funds; and ``(B) the Secretary, to prevent and restrain dissipation of a trust described in subsection (d). ``(2) No effect on other remedies.--Nothing in this section shall limit or diminish in any way any other remedy available to a trust beneficiary or to the Secretary under this Act, any other law, or at common law, but the provisions of this section are in addition to such remedies. ``(f) Damages.--If any dealer subject to this section violates any of the provisions of such section, the dealer shall be liable to the person injured thereby for the full amount of damages sustained as a consequence of such violation. ``(g) Penalties.-- ``(1) In general.--Whoever violates the provisions of this section shall be liable to, and the Secretary may assess, a penalty of not more than $10,000 nor less than $1,000 for each such violation. ``(2) Considerations.--In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the annual purchases of livestock by the person involved, and the effect of the penalty on the person's ability to continue in business. ``(3) Enforcement.--If the person against whom a penalty is assessed under this section fails to pay such penalty, the Secretary shall refer the matter to the Attorney General, who shall recover such penalty by an action in the appropriate district court of the United States.''. SEC. 6. ADDITIONAL RESOURCES FOR DEPARTMENT OF JUSTICE ENFORCEMENT. There are authorized to be appropriated for each of the fiscal years 2001, 2002, and 2003 such sums as are necessary to the Department of Justice to provide additional staff and assistance for the Assistant Attorney General for Agriculture Competition to carry out the duties of the position. SEC. 7. AUTHORIZATION FOR ADDITIONAL STAFF AND FUNDING FOR THE GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION. There are authorized to be appropriated such sums as are necessary to enhance the capability of the Grain Inspection, Packers and Stockyards Administration to monitor, investigate, and pursue the competitive implications of structural changes in the meat packing industry. Sums are specifically earmarked to hire litigating attorneys to allow the Grain Inspection, Packers and Stockyards Administration to more comprehensively and effectively pursue its enforcement activities, especially through regional offices. SEC. 8. GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION APPLICATION TO POULTRY. (a) In General.--The Comptroller General shall conduct a study and make findings and recommendations with respect to whether there are disparities in the Grain Inspection, Packers and Stockyard Administration's administrative authority with regard to the poultry, beef, and pork industries and how those disparities can be remedied. (b) Report.--The Comptroller General shall submit a report to Congress on the study, findings, and recommendations required by subsection (a) not later than 1 year after the date of enactment of this Act. SEC. 9. UNENFORCEABILITY OF CONFIDENTIALITY CLAUSES IN LIVESTOCK AND POULTRY PRODUCTION CONTRACTS. Confidentiality clauses barring a party to a contract from sharing terms of such contract for the purposes of obtaining legal or financial advice, are unenforceable in livestock production contracts and grain production contracts (except to the extent a legitimate trade secret (as applied in the Freedom of Information Act, 5 U.S.C. 552 et seq.) is being protected). SEC. 10. REPARATIONS FOR PRODUCERS HARMED BY PACKERS ENGAGED IN ANTICOMPETITIVE BEHAVIOR. (a) In General.--The Grain Inspection, Packers and Stockyard Administration shall establish a trust fund (referred to in this section as the ``trust fund'') for the benefit of farm producers harmed by packers engaged in anticompetitive behavior. (b) Deposits.--There shall be deposited in trust fund 50 percent of the amounts received by the Grain Inspection, Packers and Stockyard Administration from fines and settlements resulting from actions taken against packers engaged in anticompetitive behavior. (c) Payments.--Amounts in the trust fund may be used by the Secretary of Agriculture for payments to farm producers that are harmed by packers engaged in anticompetitive behavior to compensate those farm producers for losses resulting from that harm.

(Sec.4) Establishes within the Department of Justice an Assistant Attorney General for Agriculture Competition, who shall be responsible for agriculture-related antitrust matters. Authorizes appropriations. (Sec. 5) Amends the Packers and Stockyards Act, 1921 to require, with exemptions, livestock dealers (including market agencies) to hold in trust proceeds from livestock purchased in cash sales for the benefit of all unpaid cash sellers of such livestock until receipt of full payment. Authorizes monetary penalties for violations of such provisions. (Sec. 7) Authorizes appropriations for additional Grain Inspection, Packers and Stockyards Administration staff, including litigating attorneys, in order to monitor the meat packing industry. (Sec. 8) Directs the Comptroller General of the General Accounting Office to study whether disparities exist in the Administration's authority respecting the poultry, beef, and pork industries. (Sec. 9) States that non-trade secret confidentiality clauses in livestock or grain production contracts are unenforceable. (Sec. 10) Directs the Administration to establish a trust fund for producers harmed by packer anticompetitive behavior.

Fair Play for Family Farms Act of 2000

SECTION 1. CONVEYANCE OF LAND. (a) Administrator of General Services.--Subject to sections 2 and 4, the Administrator of General Services (hereinafter in this Act referred to as the ``Administrator'') shall convey, for $12,800,000 to be paid in accordance with the terms set forth in subsection (d)(2) and other consideration required by this Act, to the Columbia Hospital for Women (formerly Columbia Hospital for Women and Lying-in Asylum; hereinafter in this Act referred to as ``Columbia Hospital''), located in Washington, District of Columbia, all right, title, and interest of the United States in and to those pieces or parcels of land in the District of Columbia, described in subsection (b), together with all improvements thereon and appurtenances thereto. The purpose of the conveyance is to provide a site for the construction by Columbia Hospital of a facility to house the National Women's Health Resource Center (hereinafter in this Act referred to as the ``Resource Center''), as described in the Certificate of Need issued for the Resource Center in conformance with District of Columbia law and in effect on the date of conveyance. (b) Property Description.--The land referred to in subsection (a) was conveyed to the United States of America by deed dated May 2, 1888, from David Fergusson, widower, recorded in liber 1314, folio 102, of the land records of the District of Columbia, and is that portion of square numbered 25 in the city of Washington in the District of Columbia which was not previously conveyed to such hospital by the Act of June 28, 1952 (Public Law 82-423). Such property is more particularly described as square 25, lot 803, or as follows: all that piece or parcel of land situated and lying in the city of Washington in the District of Columbia and known as part of square numbered 25, as laid down and distinguished on the plat or plan of said city as follows: beginning for the same at the northeast corner of the square being the corner formed by the intersection of the west line of Twenty-fourth Street Northwest, with the south line of north M Street Northwest and running thence south with the line of said Twenty-fourth Street Northwest for the distance of two hundred and thirty-one feet ten inches, thence running west and parallel with said M Street Northwest for the distance of two hundred and thirty feet six inches and running thence north and parallel with the line of said Twenty-fourth Street Northwest for the distance of two hundred and thirty-one feet ten inches to the line of said M Street Northwest and running thence east with the line of said M Street Northwest to the place of beginning two hundred and thirty feet and six inches together with all the improvements, ways, easements, rights, privileges, and appurtenances to the same belonging or in anywise appertaining. (c) Date of Conveyance.-- (1) Date.--The date of the conveyance of property required under subsection (a) shall be the date which is 1 year after the date of receipt by the Administrator of written notification from Columbia Hospital that the hospital needs such property for use as a site to provide housing for the Resource Center. (2) Deadline for submission of notification.--A written notification of need from Columbia Hospital shall not be effective for purposes of subsection (a) and paragraph (1) unless the notification is received by the Administrator before the date which is 1 year after the date of the enactment of this Act. (d) Conveyance Terms.-- (1) In general.--The conveyance of property required under subsection (a) shall be subject to such terms and conditions as may be determined by the Administrator to be necessary to safeguard the interests of the United States. Such terms and conditions shall be consistent with the terms and conditions set forth in this Act. (2) Payment of purchase price.--Columbia Hospital shall pay the $12,800,000 purchase price in full by not later than the date of conveyance under subsection (c). (3) Quitclaim deed.--Any conveyance of property to Columbia Hospital under this Act shall be by quitclaim deed. (e) Treatment of Amounts Received.--Amounts received by the United States as payment under this Act shall be paid into, administered, and expended as part of the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). SEC. 2. LIMITATION ON CONVEYANCE. No part of any land conveyed under section 1 may be used, during the 30-year period beginning on the date of conveyance under section 1(c)(1), for any purpose other than to provide a site for a facility to house the Resource Center and any necessary related appurtenances to that facility. SEC. 3. SATELLITE HEALTH CENTERS. (a) Requirement.-- (1) In general.--Not later than 4 years after the date of the conveyance under section 1, Columbia Hospital, after consultation with the District of Columbia Commission of Public Health and the District of Columbia State Health Planning and Development Agency, shall establish, maintain, and operate 3 satellite health centers. (2) Persons to be served.--One of the satellite health centers shall provide comprehensive health and counseling services exclusively for teenage women and their children. The other 2 satellite health centers shall provide comprehensive health and counseling services for women (including teenage women) and their children. (3) Location.--The satellite health centers shall be located in areas of the District of Columbia in which the District of Columbia Department of Public Health has determined that the need for comprehensive health and counseling services provided by the centers is the greatest. In locating such centers, special consideration shall be given to the areas of the District with the highest rates of infant death and births by teenagers. (b) Comprehensive Health and Counseling Services.--In subsection (a), comprehensive health and counseling services include-- (1) examination of women; (2) medical treatment and counseling of women, including prenatal and postnatal services; (3) treatment and counseling of substance abusers and those who are at risk of substance abuse; (4) health promotion and disease prevention services; (5) physician and hospital referral services; and (6) extended and flexible hours of service. (c) Required Consideration.--The establishment, operation, and maintenance of satellite health centers by Columbia Hospital in accordance with this section shall be part of the consideration required by this Act for the conveyance under section 1. SEC. 4. REVERSIONARY INTEREST. (a) In General.--The property conveyed under section 1 shall revert to the United States-- (1) on the date which is 4 years after the date of such conveyance if Columbia Hospital is not operating the Resource Center on such property; and (2) on any date in the 30-year period beginning on the date of such conveyance, on which the property is used for a purpose other than that referred to in section 2. (b) Repayment.--If property reverts to the United States under subsection (a), the Administrator shall pay to Columbia Hospital, from amounts otherwise appropriated from the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)), an amount equal to all sums received by the United States as payments for the conveyance under section 1, without interest on such amount. (c) Enforcing Reversion.--The Administrator shall perform all acts necessary to enforce any reversion of property to the United States under this section. (d) Inventory of Public Buildings Service.--Property that reverts to the United States under this section-- (1) shall be under the control of the General Services Administration; and (2) shall be assigned by the Administrator to the inventory of the Public Buildings Service. SEC. 5. DAMAGES. (a) Damages.--Subject to subsection (b), for each year in the 26- year period beginning on the date which is 4 years after the date of conveyance under section 1(c)(1), in which Columbia Hospital does not operate 3 satellite health centers in accordance with section 3 for a period of more than 60 days, the Columbia Hospital shall be liable to the United States for damages in an amount equal to $200,000, except that this subsection shall not apply after the date of any reversion of property under section 4. (b) Limitation in Damages.--The maximum amount of damages for which Columbia Hospital may be liable under this section shall be $3,000,000. (c) Adjustments for Inflation.--The amount of damages specified in subsection (a) and the maximum amount of damages specified in subsection (b) shall be adjusted biennially to reflect changes in the consumer price index that have occurred since the date of the enactment of this Act. (d) Assessment and Waiver.--For any failure by Columbia Hospital to operate a satellite health center in accordance with section 3, the Administrator may-- (1) seek to recover damages under this section; or (2) waive all or any part of damages recoverable under this section for that failure, if the Administrator-- (A) determines the failure is caused by exceptional circumstances; and (B) submits a statement to the District of Columbia Commission of Public Health and the Congress, that sets forth the reasons for the determination. (e) Conveyance Documents.--The Administrator shall include in the documents for any conveyance under this Act appropriate provisions to-- (1) ensure that payment of damages under this section is a contractual obligation of Columbia Hospital; and (2) require the Administrator to provide to Columbia Hospital notice and an opportunity to respond before the Administrator seeks to recover such damages. SEC. 6. REPORTS. During the 5-year period beginning one year after the date of the conveyance under section 1, Columbia Hospital shall submit to the Administrator, the appropriate committees of the Congress, and the Comptroller General of the United States annual reports on the establishment, maintenance, and operation of the Resource Center and the satellite health centers. SEC. 7. MEMBER INSTITUTES. The Resource Center should-- (1) include among its outreach activities the establishment of formal linkages with no less than 6 universities or health centers throughout the Nation, to be known as ``member institutes'' in furtherance of the purposes of the Resource Center; and (2) provide national notice of the opportunity such entities have to participate in programs and activities of the Resource Center. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Administrator of General Services, under specified conditions, to convey specified lands in the District of Columbia to the Columbia Hospital for Women to construct a facility to house the National Women's Health Resource Center. Prohibits such lands from being used for any other purpose other than providing a site for the Center and related appurtenances. Directs the Hospital to establish three satellite health centers of which: (1) one shall provide health and counseling services exclusively for teenage women and their children; and (2) two shall provide such services for women (including teenage women) and their children. Includes the establishment of such health centers in the consideration required by this Act for the conveyed land. Reverts such property to the United States if the: (1) Hospital is not operating the Resource Center four years after the date of conveyance of such property; and (2) the property is used for any other purpose. Requires the Administrator to repay the Hospital any amounts paid by it for the property. Makes Columbia Hospital liable to the United States for specified damages if it fails to operate three satellite health centers for a 60-day period for each year in the 26-year period beginning four years after the conveyance date, unless the land has reverted to the United States. Authorizes the Administrator to waive such damages under certain conditions.

To provide for the conveyance of certain lands and improvements in Washington, District of Columbia, to the Columbia Hospital for Women to provide a site for the construction of a facility to house the National Women's Health Resource Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National School Lunch Protection Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Through the National School Lunch Program (NSLP) and the School Breakfast Program (SBP), school food service has played an integral role in the health and nutrition of American children, and remains one of the key safety-nets in place to alleviate childhood hunger and malnutrition domestically. In 2009, the NSLP served more than 31,000,000 students every day, while the SBP fed over 11,000,000 students. (2) The NSLP and SBP are shared responsibilities between the Federal, State, and local governments. (3) In 2009 the Federal Government spent more than $12,000,000,000 to support the NSLP and the SBP, to ensure students across the country received at least one healthy meal every school day. (4) Faced with growing student participation and increased costs, school food service programs across the country are facing unprecedented budget crises. (5) According to a recent study by the School Nutrition Association, 52 percent of school food service programs are charged indirect costs by local educational agencies. Indirect costs are costs incurred for a common purpose that benefit more than one programmatic objective. (6) According to the study, there is an overall lack of consistency amongst local educational agencies nationwide about what method should be used to identify and calculate indirect costs, and what constitute appropriate direct cost charges to school food authorities. (7) School food service must operate on a nonprofit basis, balance cost with revenue, and ensure all revenue generated is used to support or improve the food service. (b) Purposes.--The purposes of this Act are to-- (1) ensure Federal funds are being appropriately spent to benefit the health and nutrition of American children; (2) study the impact of indirect and direct costs charged to the NSLP and SBP programs; (3) study the types and amounts of indirect and direct costs charged and recovered by local educational agencies; and (4) encourage the Secretary to issue regulations to ensure the effectiveness of Federal support for the NSLP and SBP. SEC. 3. COST STUDY AND FUNDING. (a) Guidance on Allowable Costs to School Food Authorities.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance to school food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) covering program rules pertaining to allowable costs that may be charged to the nonprofit school food service accounts of such authorities including, indirect and direct costs. (b) Indirect and Direct Costs Study.--The Secretary of Agriculture shall-- (1) conduct a study to assess the extent to which school food authorities participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) pay indirect and direct costs, including assessments of-- (A) the allocation of indirect and direct costs to such school food authorities; (B) the methodologies used to establish indirect cost rates for such school food authorities; (C) the types and amounts of indirect and direct costs charged and recovered by local educational agencies; (D) the impact of indirect and direct costs charged to the nonprofit school food service accounts of such school food authorities; (E) whether the indirect and direct costs charged or recovered are consistent with requirements for the allocation of costs and school food service operations; and (F) the types and amounts of indirect and direct costs that could be charged or recovered under requirements for the allocation of costs and school food service operations but are not charged or recovered; and (2) after completing the study required under paragraph (1), issue additional guidance relating to the types of costs that are reasonable and necessary to provide meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (c) Regulations.--After conducting the study under subsection (b)(1) and identifying costs under subsection (b)(2), the Secretary of Agriculture may promulgate regulations to address-- (1) any identified deficiencies in the allocation of indirect and direct costs charged to school food authorities participating in the lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1773); and (2) the authority of school food authorities to reimburse only those costs identified by the Secretary as reasonable and necessary under subsection (b)(2). (d) Report.--Not later than October 1, 2013, the Secretary of Agriculture shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subsection (b)(2). (e) Funding.-- (1) In general.--On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $2,000,000, to remain available until expended. (2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. (f) Budgetary Effects.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

National School Lunch Protection Act of 2010 - Directs the Secretary of Agriculture to issue guidance to school food authorities participating in the school lunch and breakfast programs covering program rules pertaining to the costs that may be charged to the nonprofit school food service accounts of such authorities, including indirect and direct costs. Requires the Secretary to assess the extent to which school food authorities pay such indirect and direct costs, and then issue additional guidance relating to the types of costs that are reasonable and necessary. Authorizes the Secretary, after the completion of such assessment, to promulgate regulations addressing: (1) any identified deficiencies in the allocation of such indirect and direct costs to school food authorities; and (2) the authority of school food authorities to reimburse only those costs identified by the Secretary as reasonable and necessary.

To direct the Secretary of Agriculture to issue guidance to school food authorities on indirect costs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors' Investment Security Act of 2008''. SEC. 2. SUSPENSION OF MINIMUM DISTRIBUTION REQUIREMENTS. (a) In General.--In the case of a defined contribution plan-- (1) section 401(a)(9) of the Internal Revenue Code of 1986 shall not apply during the suspension period, (2) in lieu of the calendar year specified in subparagraph (C)(i) of section 401(a)(9) of such Code, the calendar year specified in such subparagraph shall be the later of-- (A) the calendar year described in such subparagraph (C)(i), or (B) calendar year 2011, and (3) after the end of the suspension period, no part of the suspension period shall be taken into account for purposes of applying any time limitation in section 401(a)(9) of such Code. (b) Suspension Period.--For purposes of this section, the term ``suspension period'' means the period beginning on January 1, 2008, and ending on December 31, 2010. (c) Application to Certain Other Plans.--The following sections shall be applied for the suspension period under rules similar to the rules of subsection (a) of this section-- (1) in the case of a defined contribution plan, subsections (a) and (b) of section 403, and section 408 of such Code, and (2) in the case of an eligible deferred compensation plan described in section 457(b) of such Code which is maintained by an eligible employer described in section 457(e)(1)(A) of such Code, section 457 of such Code. (d) Provisions Relating to Plan Amendments.-- (1) In general.--If this section applies to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which section applies.-- (A) In general.--This section shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to this section or pursuant to any regulation issued by the Secretary of the Treasury to carry out this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2010. (B) Conditions.--This section shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the first day of the suspension period, and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and (ii) such plan or contract amendment applies retroactively for such period. (e) Effective Date.-- (1) In general.--This section shall take effect on the date of the enactment of this Act. (2) Recontribution of distributions before date of enactment.-- (A) In general.--Any individual who receives a payment or distribution during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act from a plan to which subsection (a) or (c) of this section applies may, before the end of the suspension period, make one or more contributions in an aggregate amount not to exceed the amount of such payments or distributions to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such Code, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such payments or distributions in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, such payments or distributions shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the individual retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

Seniors' Investment Security Act of 2008 - Suspends for calendar 2008-2010 the minimum required distributions from certain individual retirement (IRA) plans.

To provide for a 3-year suspension of the minimum distribution requirements for defined contribution plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Treatment and Care Tools Act of 2013'' or the ``ConTACT Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Concussions are mild traumatic brain injuries, the long-term effects of which are not well understood. (2) According to the Centers for Disease Control and Prevention (CDC), each year United States emergency departments treat an estimated 173,285 sports- and recreation-related mild traumatic brain injuries (MTBIs), including concussions, among children and adolescents, from birth to 19 years of age. However, this number does not capture the total number, as many MTBIs go undiagnosed. (3) There is an increased risk for subsequent brain injuries among persons who have had at least one previous brain injury. (4) A repeat concussion, one that occurs before the brain recovers from a previous concussion, can slow recovery or increase the likelihood of having long-term problems. (5) In rare cases, repeat concussions can result in second impact syndrome, which can be marked by brain swelling, permanent brain damage, and death. (6) Recurrent brain injuries and second impact syndrome are highly preventable. (7) Many States have adopted concussion management rules and regulations, but many schools lack the resources to implement best practices in concussion diagnosis and management. SEC. 3. GUIDELINES ON BEST PRACTICES FOR DIAGNOSIS, TREATMENT, AND MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES IN SCHOOL- AGED CHILDREN. Part B of title III of the Public Health Service Act 6 (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. GUIDELINES ON BEST PRACTICES FOR DIAGNOSIS, TREATMENT, AND MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES IN SCHOOL- AGED CHILDREN. ``(a) Guidelines.-- ``(1) By secretary.--Not later than 90 days after issuance of the final report under paragraph (2), the Secretary shall establish guidelines for States on the implementation of best practices for diagnosis, treatment, and management of MTBIs in school-aged children. ``(2) By panel.--Not later than March 15, 2015, the Pediatric MTBI Guideline Expert Panel of the Centers for Disease Control and Prevention shall issue a final report on best practices for diagnosis, treatment, and management of MTBIs in school-aged children. ``(3) Student athletes returning to play.--The guidelines under paragraph (1) and the report under paragraph (2) shall address best practices for diagnosis, treatment, and management of MTBIs in student athletes returning to play after an MTBI. ``(b) Grants to States.-- ``(1) In general.--After establishing the guidelines under subsection (a)(1), the Secretary may make grants to States for purposes of-- ``(A) adopting such guidelines, and disseminating such guidelines to elementary and secondary schools; and ``(B) ensuring that elementary and secondary schools-- ``(i) implement such guidelines; ``(ii) are adequately staffed with athletic trainers and other medical professionals necessary to implement such guidelines; and ``(iii) implement computerized pre-season baseline and post-injury neuropsychological testing for student athletes. ``(2) Grant applications.-- ``(A) In general.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Minimum contents.--The Secretary shall require that an application of a State under subparagraph (A) contain at a minimum-- ``(i) a description of the strategies the State will use to disseminate the guidelines under subsection (a)(1) to elementary and secondary schools, and to ensure implementation of such guidelines by such schools, including any strategic partnerships that the State will form; and ``(ii) an agreement by the State to periodically provide data with respect to the incidence of MTBIs and second impact syndrome among student athletes in the State. ``(3) Utilization of high school sports associations and local chapters of national brain injury organizations.--The Secretary shall require States receiving grants under this section to utilize, to the extent practicable, applicable expertise and services offered by high school sports associations and local chapters of national brain injury organizations in such States. ``(c) Coordination of Activities.--In carrying out this section, the Secretary shall coordinate in an appropriate manner with the heads of other Federal departments and agencies that carry out activities related to MTBIs. ``(d) Report to Congress.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the implementation of subsection (b) and shall include in such report-- ``(1) the number of States that have adopted the guidelines under subsection (a)(1); ``(2) the number of elementary and secondary schools that have implemented computerized pre-season baseline and post- injury neuro-psychological testing for student athletes; and ``(3) the data collected with respect to the incidence of MTBIs and second impact syndrome among student athletes. ``(e) Definitions.--In this section, the following definitions apply: ``(1) The term `MTBI' means a mild traumatic brain injury. ``(2) The term `school-aged child' means an individual in the range of 5 through 18 years of age. ``(3) The term `second impact syndrome' means catastrophic or fatal events that occur when an individual suffers an MTBI while symptomatic and healing from a previous MTBI. ``(4) The term `Secretary' means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. ``(5) The term `State' means each of the 50 States and the District of Columbia. ``(6) The term `student athlete' means a school-aged child in any of the grades 6th through 12th who participates in a sport through such child's elementary or secondary school. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2017 through 2020.''.

Concussion Treatment and Care Tools Act of 2013 or ConTACT Act of 2013 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish guidelines for states on the implementation of best practices for diagnosis, treatment, and management of mild traumatic brain injuries (MTBIs) in school-aged children, including best practices relating to student athletes returning to play after an MTBI. Requires the Pediatric MTBI Guideline Expert Panel of the Centers for Disease Control and Prevention (CDC) to issue a final report on such best practices by March 15, 2015. Authorizes the Secretary to make grants to states for: (1) adopting, disseminating, and ensuring school implementation of the guidelines; and (2) ensuring elementary and secondary schools implement computerized preseason baseline and post-injury neuropsychological testing for student athletes. Directs the Secretary to require states receiving grants to utilize, to the extent practicable, applicable expertise and services offered by local chapters of national brain injury organizations.

ConTACT Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Job Corps Act''. SEC. 2. ESTABLISHMENT AND OPERATION OF VETERANS' JOB CORPS. (a) Establishment and Purpose.--In order to provide employment opportunities to veterans and widows and to provide for the restoration of depleted natural resources in the United States and the advancement of an orderly program of useful public works, the President may establish and operate a Veterans' Job Corps to employ veterans and widows who are otherwise unemployed, in the construction, maintenance, and carrying on of works of a public nature in connection with-- (1) the forestation of lands belonging to the United States or a State; (2) the prevention of forest fires, floods, and soil erosion; (3) public safety; (4) plant pest and disease control; (5) the construction, maintenance, or repair of paths, trails, and fire-lanes in units of the National Park System, public lands, and other lands under the jurisdiction of the Secretary of the Interior and units of the National Forest System; and (6) such other work on Federal or State land incidental to or necessary in connection with any projects of the character enumerated in paragraphs (1) through (5) that the President determines to be desirable. (b) Role of Federal Agencies.--To operate the Veterans' Job Corps, the President may use existing Federal departments and agencies, including the Department of the Interior, the Department of Agriculture, and the Department of Veterans Affairs. (c) Inclusion of Other Lands.--The President may extend the activities of the Veterans' Job Corps to lands owned by a political subdivision of a State and lands in private ownership for the purpose of conducting such kinds of cooperation work authorized by law in preventing and controlling forest fires and the attacks of forest tree pests and diseases and such work as is necessary and in the public interest to control floods. (d) Contract Authority.--The President may enter into such contracts or agreements that may be necessary to carry out this Act. (e) Acquisition of Real Property.--The President, or the head of any department or agency authorized by the President to construct any project or to carry on any public works under this Act, may acquire real property for such project or public work by purchase, donation, or otherwise. SEC. 3. ADMINISTRATION OF VETERANS' JOB CORPS. (a) Employment Preference.--The President shall employ individuals in the Veterans' Job Corps in the following order of preference: (1) Unemployed veterans. (2) Widows who, immediately before employment in the Veterans' Job Corps, are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws. (b) Housing and Care of Employees.--The President may provide housing for individuals employed in the Veterans' Job Corps and furnish them with such subsistence, clothing, medical attendance and hospitalization, and cash allowance, as may be necessary, during the period they are so employed. (c) Transportation.--The President may provide for the transportation of individuals employed in the Veterans' Job Corps to and from the places of employment. (d) Exclusion.--The following individuals may not be employed under the provisions of this Act: (1) An individual convicted of a felony. (2) A veteran who was discharged from the Armed Forces under dishonorable conditions. SEC. 4. USE OF FUNDS. (a) Use of Unobligated Funds Appropriated for Public Works.-- (1) Use of existing funds.--In addition to any amounts appropriated to carry out this Act, the President may use any moneys previously appropriated for public works and unobligated as of the date of the enactment of this Act to establish and operate a Veterans' Job Corps under this Act. (2) Use to relieve unemployment.--Not less than 75 percent of the funds used pursuant to paragraph (1) shall be used to provide for the employment of individuals under this Act. (b) Duration of Availability.--Amounts appropriated to carry out this Act or made available under subsection (b) shall remain available until expended. SEC. 5. DEFINITIONS. In this Act: (1) The term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. (2) The term ``widow''-- (A) means the spouse of a veteran who has not remarried after the death of such veteran; and (B) includes widowers. SEC. 6. TERMINATION. The authority of the President to establish and operate a Veterans' Job Corps under this Act expires on September 30, 2018.

Veterans' Job Corps Act - Authorizes the President to establish and operate a Veterans' Job Corps to employ veterans and veterans' widows or widowers who are otherwise unemployed in the construction, maintenance, and carrying on of public works in connection with: (1) the forestation of U.S. or state lands; (2) the prevention of forest fires, floods, and soil erosion; (3) public safety; (4) plant pest and disease control; and (5) the construction, maintenance, or repair of paths, trails, and fire-lanes in National Park System units and other public lands. Directs the President to employ individuals in the Corps in the following order of preference: (1) unemployed veterans, and (2) widows or widowers who are eligible for unemployment compensation immediately before employment in the Corps. Authorizes the President to provide individuals employed in the Corps with housing, necessary subsistence, clothing, medical attendance and hospitalization, a cash allowance, and transportation to and from the places of employment. Prohibits the employment in the Corps of an individual convicted of a felony or a veteran who was discharged from the Armed Forces under dishonorable conditions.

To authorize the President to establish the Veterans' Job Corps as a means of providing gainful employment to unemployed veterans and widows of veterans through the performance of useful public works, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing Loopholes Against Money- Laundering Practices Act'' or the ``CLAMP Act''. SEC. 2. REQUIREMENT OF EIN FOR UNITED STATES ENTITIES. (a) In General.--Section 6109 of the Internal Revenue Code of 1986 is amended by inserting after subsection (d) the following new subsection: ``(e) Requirement of EIN for United States Entities.-- ``(1) In general.--Except as otherwise determined by the Secretary, every United States entity shall obtain and have an employer identification number assigned by the Secretary. ``(2) Definitions.--For purposes of this subsection-- ``(A) United states entity.--Except as may be provided by regulations, the term `United States entity' means any business entity created or organized in the United States or under the law of the United States or of a State, possession, or territory of the United States. ``(B) Exception.--The term `United States entity' does not include any organization which is exempt from taxation under section 501(a). ``(C) United states.--The term `United States' includes the States, the District of Columbia, and the possessions and territories of the United States. ``(3) Time and manner of application.--The Secretary shall set forth the time and manner for a United States entity that does not have an employer identification number to obtain such a number.''. (b) Civil Penalty.-- (1) In general.--Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6720D. PENALTY FOR FAILURES RELATING TO EMPLOYER IDENTIFICATION NUMBERS. ``(a) Failure To Have an Identifying Number.-- ``(1) In general.--Any United States entity (as defined in section 6109(e)(2)(A)) that fails to obtain an employer identification number in accordance with section 6109(e)(1) shall pay a penalty of $10,000. ``(2) Joint and several liability.--Notwithstanding section 6671(a), if a United States entity does not pay a penalty assessed under paragraph (1) within 60 days after the date of the notice and demand for payment, any person who is treated as a responsible party with respect to such entity at any time during the period beginning on the date the entity was required to obtain such number and ending on the date that is 60 days after the date of the notice and demand for payment shall be jointly and severally liable with the entity for such penalty. ``(b) Failure To Provide Required Information.-- ``(1) In general.--Any person who fails to provide information required by the Secretary under section 6109(c) (including updating previously submitted information as the Secretary may require by regulations) shall pay a penalty of $100 for each such failure. ``(2) Intentional failures.--In the case of a failure that the Secretary determines to be intentional, paragraph (1) shall be applied by substituting `$1,000' for `$100'. For purposes of the preceding sentence, a pattern of failing to provide or update information shall be treated as intentional failure. ``(3) Joint and several liability.--Notwithstanding section 6671(a), if any United States entity (as defined in section 6109(e)(2)(A)) does not pay a penalty assessed under paragraph (1) within 60 days after the date of the notice and demand for payment, any person who at any time during the period beginning on the date the entity was required to provide the information under paragraph (1) and ending on the date that is 60 days after the date of the notice and demand for payment is treated as a responsible party with respect to such entity shall be jointly and severally liable with such entity for such penalty. ``(4) Coordination with subsection (a).--No penalty shall be imposed under this subsection for any taxable year with respect to which a penalty is imposed under subsection (a) on the same entity. ``(c) Reasonable Cause.--No penalty shall apply under subsection (a) or (b) if it is shown that the failure to satisfy the requirements of section 6109(e) or 6109(c), as the case may be, is due to reasonable cause and not due to willful neglect.''. (2) Clerical amendment.--The table of sections for part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6720D. Penalty for failures relating to employer identification numbers.''. (c) Criminal Penalty.-- (1) In general.--Part I of subchapter A of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7218. WILLFUL FAILURE TO OBTAIN AN EMPLOYER IDENTIFICATION NUMBER. ``Any person who willfully attempts in any manner to evade or defeat the employer identification number requirement of section 6109(e) or any regulations thereunder for the purpose of hiding the existence of an entity or the identity of its responsible party shall, in addition to any other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.''. (2) Clerical amendment.--The table of sections for part I of subchapter A of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7218. Willful failure to obtain an employer identification number.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to United States entities (as defined in section 6109(e)(2)(A) of the Internal Revenue Code of 1986) formed on or after the date that is 180 days after the date of the enactment of this Act. (2) Application to existing united states entities.--With respect to United States entities (as so defined) in existence on the day before the date specified in paragraph (1), the amendment made by subsection (a) shall take effect on the date that is 3 years after the date of the enactment of this Act. (3) Issuance of identifying numbers with respect to existing entities.--Not later than the date that is 3 years after the date of the enactment of this Act, the Secretary of the Treasury shall provide a method for all United States entities (as so defined) to whom paragraph (1) does not apply to obtain an identifying number under section 6109(e) of such Code, and shall assign such an identifying number to each such entity. (4) Penalties.--With respect to a United States entity (as so defined), the amendments made by subsections (b) and (c) shall apply to failures after the date described in paragraph (1) or (2), whichever is applicable. SEC. 3. DISCLOSURE OF RESPONSIBLE PARTY IDENTITY FOR USE IN ANTI-MONEY LAUNDERING AND COUNTERTERRORISM INVESTIGATIONS AND PROSECUTIONS. (a) In General.--Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Disclosure upon request of responsible party identity for use in anti-money laundering and counterterrorism investigations and prosecutions.-- ``(A) In general.--Except as provided in paragraph (6), after taking into consideration the factors described in subparagraph (B), the Secretary may disclose, upon written request, to the individuals described in subparagraph (C) taxpayer identity information consisting of-- ``(i) the name and employer identification number of the specific entity to whom the request relates, ``(ii) the name and identifying number, and any available contact information, of the responsible party and any third-party designee reflected on the entity's application for an employer identification number, and ``(iii) any trade name, other addresses, entity type, or principal activity of the business reflected on such application, but only to the extent such information was included on the entity's application for an employer identification number pursuant to the requirements of section 6109(e) or any predecessor provision or program, and to the extent the Secretary determines such disclosure would not seriously impair Federal tax administration. ``(B) Factors for consideration.--The factors described in this subparagraph are whether the information requested in such written request-- ``(i) is being sought exclusively for use in a Federal criminal investigation or proceeding pertaining to offenses described in clause (i) or (ii) of subparagraph (C), ``(ii) is or may be relevant to a matter relating to such an offense, and ``(iii) cannot be reasonably obtained, taking into account all relevant circumstances, from any other source. ``(C) Individuals described.--For purposes of subparagraph (A), the individuals described in this paragraph are officers and employees of any Federal law enforcement agency who are personally and directly engaged in the investigation, response, or analysis, or in any judicial, administrative, or grand jury proceedings, pertaining to offenses under-- ``(i) section 1956, 1957, 1960, 2339A, 2339B, or 2339C of title 18, United States Code, or ``(ii) subchapter II of chapter 53 of title 31, United States Code.''. (b) Conforming Amendments.-- (1) Paragraph (6) of section 6103 (i) of the Internal Revenue Code of 1986 is amended by striking ``or (8)'' and inserting ``(8), or (9)''. (2) Paragraph (4) of section 6103(p) of such Code is amended-- (A) by striking ``(5), or (7)'' and inserting ``(5), (7), or (9)'', and (B) by striking ``(5) or (7)'' and inserting ``(5), (7), or (9)''. (c) Effective Date.--The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act.

Closing Loopholes Against Money-Laundering Practices Act or the CLAMP Act This bill amends the Internal Revenue Code to require U.S. entities to obtain and have an employer identification number (EIN) assigned by the Internal Revenue Service (IRS). The bill defines a "U.S. entity" as any business entity created or organized in the United States or under the laws of the United States or of a U.S. state, possession, or territory. The term excludes tax-exempt organizations. The bill establishes: (1) civil penalties for the failure to have an EIN or provide required information, and (2) a criminal penalty for the willful failure to obtain an EIN. The IRS may disclose to federal law enforcement officials taxpayer identify information, including an EIN and information from an application for an EIN, for use in investigations and prosecutions of specified offenses related to money laundering and supporting or financing terrorism. Prior to disclosing the information, the IRS must determine that the disclosure would not seriously impair federal tax administration and consider whether the information requested: (1) is being sought exclusively for use in a federal criminal investigation or proceeding pertaining to the specified offense, (2) is or may be relevant to a matter relating to the offense, and (3) cannot be reasonably obtained from any other source.

CLAMP Act

SECTION 1. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. Chapter 5 of subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at the end the following: ``SEC. 260. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. ``(a) Definitions.--In this section: ``(1) Covered packer.-- ``(A) In general.--The term `covered packer' means a packer that is required under this subtitle to report to the Secretary each reporting day information on the price and quantity of livestock purchased by the packer. ``(B) Exclusion.--The term `covered packer' does not include a packer that owns only 1 livestock processing plant. ``(2) Nonaffiliated producer.--The term `nonaffiliated producer' means a producer of livestock-- ``(A) that sells livestock to a packer; ``(B) that has less than 1 percent equity interest in the packer, which packer has less than 1 percent equity interest in the producer; ``(C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; ``(D) that has no fiduciary responsibility to the packer; and ``(E) in which the packer has no equity interest. ``(3) Spot market sale.-- ``(A) In general.--The term `spot market sale' means a purchase and sale of livestock by a packer from a producer-- ``(i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; ``(ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and ``(iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. ``(B) Reasonable competitive bidding opportunity.-- For the purposes of subparagraph (A)(iii), circumstances in which a reasonable competitive bidding opportunity shall be considered to exist if-- ``(i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and ``(ii) no circumstance, custom, or practice exists that-- ``(I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and ``(II) precludes the producer from soliciting or receiving bids from other packers. ``(b) General Rule.--Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. ``(c) Applicable Percentages.-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage shall be 25 percent. ``(2) Exceptions.--In the case of a covered packer that reported to the Secretary in the 2006 annual report that more than 75 percent of the livestock of the covered packer were captive supply livestock, the applicable percentage shall be the greater of-- ``(A) the difference between the percentage of captive supply so reported and 100 percent; and ``(B)(i) during each of calendar years 2008 and 2009, 10 percent; ``(ii) during each of calendar years 2010 and 2011, 15 percent; and ``(iii) during calendar year 2012 and each calendar year thereafter, 25 percent. ``(d) Nonpreemption.--Notwithstanding section 259, this section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section. ``(e) Relationship to Other Provisions.--Nothing in this section affects the interpretation of any other provision of this Act, including section 202.''.

Amends the Agricultural Marketing Act of 1946 to require that 25% of a covered packer's daily kill comes through spot market sales from nonaffiliated producers. Sets forth a different percentage through 2011 for covered packers who reported in the 2006 annual report that more than 75% of their livestock were captive supply livestock Defines "covered packer," "nonaffiliated producer," and "spot market sale."

A bill to amend the Agricultural Marketing Act of 1946 to foster efficient markets and increase competition and transparency among packers that purchased livestock from producers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Jobs Home Act''. SEC. 2. CREDIT FOR INSOURCING EXPENSES. (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. CREDIT FOR INSOURCING EXPENSES. ``(a) In General.--For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). ``(b) Eligible Insourcing Expenses.--For purposes of this section-- ``(1) In general.--The term `eligible insourcing expenses' means-- ``(A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and ``(B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Eligible expenses.--The term `eligible expenses' means-- ``(A) any amount for which a deduction is allowed to the taxpayer under section 162, and ``(B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. ``(3) Business unit.--The term `business unit' means-- ``(A) any trade or business, and ``(B) any line of business, or functional unit, which is part of any trade or business. ``(4) Expanded affiliated group.--The term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting `more than 50 percent' for `at least 80 percent' each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). ``(5) Expenses must be pursuant to insourcing plan.-- Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). ``(6) Operating expenses not taken into account.--Any amount paid or incurred in connection with the ongoing operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. ``(c) Increased Domestic Employment Requirement.--No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. ``(d) Credit Allowed Upon Completion of Insourcing Plan.-- ``(1) In general.--Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. ``(2) Election to apply employment test and claim credit in first full taxable year after completion of plan.--If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). ``(e) Possessions Treated as Part of the United States.--For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(f) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Credit To Be 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 insourcing expenses credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for insourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No credit shall be allowed against United States income taxes under section 45S of such Code to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules.-- (A) Possessions of the united states.--For purposes of this section, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this section, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). SEC. 3. DENIAL OF DEDUCTION FOR OUTSOURCING EXPENSES. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. OUTSOURCING EXPENSES. ``(a) In General.--No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. ``(b) Specified Outsourcing Expense.--For purposes of this section-- ``(1) In general.--The term `specified outsourcing expense' means-- ``(A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and ``(B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. ``(2) Application of certain definitions and rules.-- ``(A) Definitions.--For purposes of this section, the terms `eligible expenses', `business unit', and `expanded affiliated group' shall have the respective meanings given such terms by section 45S(b). ``(B) Operating expenses not taken into account.--A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. ``(c) Special Rules.-- ``(1) Application to deductions for depreciation and amortization.--In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. ``(2) Possessions treated as part of the united states.-- For purposes of this section, the term `United States' shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). ``(d) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States.''. (b) Limitation on Subpart F Income of Controlled Foreign Corporations Determined Without Regard to Specified Outsourcing Expenses.--Section 952(c) of such Code is amended by adding at the end the following new paragraph: ``(4) Earnings and profits determined without regard to specified outsourcing expenses.--For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)).''. (c) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 280I. Outsourcing expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Bring Jobs Home Act Amends the Internal Revenue Code to: (1) grant business taxpayers a tax credit for up to 20% of insourcing expenses incurred for eliminating a business located outside the United States and  relocating it within the United States, and (2) deny a tax deduction for outsourcing expenses incurred in relocating a U.S. business outside the United States. Requires an increase in the taxpayer's employment of full-time employees in the United States in order to claim the tax credit for insourcing expenses.

Bring Jobs Home Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher and Nurse Support Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) According to the National Center for Education Statistics, over the next 10 years, the United States will need more than 2,000,000 new teachers to replace the teachers who are retiring or leaving the classroom for other careers. (2) The Hart-Rudman National Security Report on education recommended that the President direct the Department of Education to work with the States to devise a comprehensive plan to avert a looming shortage of high-quality teachers. (3) According to the National Center for Education Statistics, 20 percent of all new teachers leave the teaching profession within 3 years. Providing loan forgiveness or loan cancellation is one step that would help retain high-quality teachers in schools that need teachers. (4) The American Hospital Association has reported more than 118,000 unfilled registered nurse positions in hospitals in the United States. Additionally, the National Commission on Nursing Workforce for Long-Term Care released a report in May, 2005, stating that there are nearly 100,000 vacant nursing positions in long-term care facilities on any given day, and the nurse turnover rate exceeds 50 percent. The shortage is costing long-term care facilities an estimated $4 billion a year in recruitment and training expenses. (5) College loans are more of a burden than ever for students and families. According to a recent United States Public Interest Research Group report, average student loan debt almost doubled from $9,200 in 1992-1993 to $16,928 in 1999-2000. (b) Purpose.--The purpose of this Act is to improve access to, and the delivery of, high-quality educational and health services throughout the United States by reducing the shortage of qualified teachers and nurses. SEC. 3. LOAN FORGIVENESS. (a) Loan Forgiveness.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended to read as follows: ``SEC. 428J. LOAN FORGIVENESS FOR TEACHERS AND NURSES. ``(a) Statement of Purpose.--It is the purpose of this section to encourage individuals to enter and continue in the teaching and nursing professions. ``(b) Program Authorized.-- ``(1) In general.--The Secretary shall carry out a program to forgive, in accordance with this section, the student loan debt of any borrower who has one or more loans described under paragraph (2) made on or after October 1, 1998, and who-- ``(A) has been employed-- ``(i) as a full-time teacher-- ``(I) in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in those schools; ``(II) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(III) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; or ``(ii) as a full-time eligible nurse-- ``(I) in a clinical setting; or ``(II) as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)); and ``(B) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Method of loan forgiveness.--To provide the loan forgiveness authorized in paragraph (1), the Secretary shall, subject to paragraph (3), carry out a program-- ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount (as determined under subsection (c)) for a loan made under section 428 or 428H of this part; and ``(B) to cancel a qualified loan amount (as so determined) for a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan made under part D of this title; ``(3) Treatment of consolidation loans.--A loan amount for a loan made under section 428C or section 455(g) may be a qualified loan amount for the purposes of paragraph (2) only to the extent that such loan amount was used to repay a loan made under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan for a borrower who meets the requirements of paragraph (1), as determined in accordance with regulations prescribed by the Secretary. ``(c) Qualified Loan Amount.-- ``(1) In general.-- ``(A) Aggregate amount.--The Secretary shall, in installments in accordance with subparagraph (B), forgive under this section not more than $17,500 in the aggregate of the student loan obligation of a borrower. ``(B) Annual installments.--The Secretary shall forgive the student loan obligation of a borrower in annual installments after each of 5 years of service described in clause (i) or (ii) of subsection (b)(1)(A)(i) in an amount not to exceed the lesser of the remaining outstanding obligation of the borrower or-- ``(i) $2,000 at the completion of the first year of such service; ``(ii) $2,500 at the completion of the second year of such service; ``(iii) $3,500 at the completion of the third year of such service; ``(iv) $4,500 at the completion of the fourth year of such service; and ``(v) $5,000 at the completion of the fifth year of such service. ``(2) Forbearance on qualified loan amount.--A holder of a loan on which a borrower is seeking forgiveness under this section-- ``(A) shall grant forbearance, at the request of the borrower, in annual increments for each of the years of qualifying service if the holder believes, at the time of the borrower's annual request, that the amount expected to be forgiven under this section at the completion of the period of qualifying service will satisfy the anticipated remaining outstanding balance on the loan; and ``(B) may offer other forbearance options to the borrower. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List of Schools.--If the list of schools in which a teacher may perform service pursuant to subsection (b)(1)(A)(i) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make the service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility for teachers.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A)(i)(I) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of that subsection, may continue to teach in the school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this subsection and-- ``(A) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.); or ``(B) section 846 of the Public Health Service Act (42 U.S.C. 297n). ``(h) Definitions.--In this section: ``(1) Eligible nurse.--The term `eligible nurse' means a nurse who meets all of the following: ``(A) The nurse graduated from-- ``(i) an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296)); ``(ii) a nursing center; or ``(iii) an academic health center that provides nurse training. ``(B) The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting. ``(C) The nurse holds 1 or more of the following: ``(i) A graduate degree in nursing or equivalent degree. ``(ii) A nursing degree from a collegiate school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(iii) A nursing degree from an associate degree school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(iv) A nursing degree from a diploma school of nursing (as defined in section 801 of the Public Health Service Act (42 U.S.C. 296)). ``(2) Year.--The term `year', where applied to service as a teacher (or service as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act (42 U.S.C. 296))), means an academic year as defined by the Secretary.''. (b) Repeal of Loan Cancellation Provision.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is repealed. SEC. 4. PHASE OUT OF CURRENT PROGRAM. An individual who began the required period of teaching described in section 428J(b)(1) or 460(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078-10 and 1087j) as such sections were in effect on the day before the date of enactment of this Act, shall-- (1) be eligible to receive loan forgiveness or loan cancellation in the amount described in, and in accordance with the requirements of, such sections as in effect on the day before the date of enactment of this Act; and (2) not be eligible to receive loan forgiveness under section 428J of the Higher Education Act of 1965 as in effect on the date of enactment of this Act.

Teacher and Nurse Support Act of 2007 - Amends the Higher Education Act of 1965 to increase to a maximum of $17,500 the aggregate student loan obligation eligible for forgiveness or cancellation under the Federal Family Education Loan or Direct Loan programs for teachers who serve full-time in certain elementary or secondary schools that enroll a high proportion of disadvantaged students. Includes, under these student loan forgiveness and cancellation programs, nurses who serve in a clinical setting or as a member of the nursing faculty at an accredited school of nursing. Directs the Secretary of Education to repay such loan obligation in annual installments up to specified maximum amounts after each of five years of such service.

To amend the Higher Education Act of 1965 to expand the loan forgiveness program for teachers, to provide a loan forgiveness program for nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Value and Quality Act of 2003''. SEC. 2. FINDINGS. The House makes the following findings: (1) The United States Government should reward physicians, hospitals, and other health care providers that provide high- quality, cost-effective health care to beneficiaries under the medicare program. (2) The Journal of the American Medical Association has published quality indicators in an article entitled ``Quality of Medical Care Delivered to Medicare Beneficiaries: A Profile at State and National Levels''. (3) The cost of health care is-- (A) reflected in the type and volume of physicians' services and in physician ordering and prescribing behavior; and (B) reflected in the amount of the average payment to hospitals under the medicare program for each medicare beneficiary in each State. (4) Physician and hospital practice patterns contribute to the total cost and quality of care for each medicare beneficiary in each State. (5) The original medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act does not include a mechanism to pay for interventions designed to improve quality of care. SEC. 3. TO ENCOURAGE THE PROVISION OF HIGH-QUALITY, COST-EFFECTIVE INPATIENT HOSPITAL SERVICES. (a) Purpose.--The purpose under this section is to encourage the provision of high-quality, cost-effective health care to beneficiaries under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) by providing incentive payments to hospitals located in States in which high-quality and cost-effective services are being provided in order to finance further quality improvements. (b) Intent.--It is the intent of Congress to provide incentives for States to deliver high quality health care and to create incentives that assure medicare recognizes value in the products and services that the program purchases on behalf of medicare beneficiaries. (c) Mechanism.-- (1) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a mechanism under which-- (A) the Secretary provides economic incentives to providers of inpatient hospital services that deliver high-quality health care at low costs in accordance with the methodology established by the Agency for Healthcare Research and Quality under paragraph (2) with a 5 percent add-on bonus payment to providers of inpatient hospital services within the top ten performing States; and (B) the Secretary necessarily recognizes and includes measurements that factor both the quality of care delivered in a medicare purchasing region or in the event that purchasing regions are not developed, then in a State, to medicare beneficiaries and consumption of resources, including but not limited to labor, technology, capital infrastructure and pharmaceuticals in the delivery of services to medicare beneficiaries under the medicare program under title XVIII of the Social Security Act. (2) Value and quality ranking methodology.-- (A) In general.--The Agency for Healthcare Research and Quality shall establish a value and quality ranking methodology under which the Secretary awards bonus payments to providers of inpatient hospital services located in those States that demonstrate that such providers in the State are providing high value because of the high-quality, cost-effective health care services being provided to medicare beneficiaries. (B) Basis.--The methodology established under subparagraph (A) shall be based on the rank and performance on medicare quality indicators published annually in the Journal of the American Medical Association (JAMA) that uses Medicare's current quality of care measures. Cost rankings will be based on the Centers for Medicare and Medicaid Services (CMS) annual report ranking States based on average Medicare spending per recipient for each State. (d) Definitions.--In this section: (1) Provider of inpatient hospital services.--The term ``provider of inpatient hospital services'' means any individual or entity that receives payment under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for providing an inpatient hospital service (as defined in section 1861(b) of such Act (42 U.S.C. 1395x(b))). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Medicare Value and Quality Act of 2003 - Directs the Secretary of Health and Human Services to establish a mechanism for providing economic incentives to providers of inpatient hospital services that deliver high-quality health care at low costs to encourage the provision of high-quality cost-effective health care to beneficiaries under the Medicare program under title XVIII of the Social Security Act. Requires the Agency for Healthcare Research and Quality to establish a value and quality ranking methodology for the award of bonus payments to such providers.

To establish under the Medicare Program under title XVIII of the Social Security Act incentives to health care providers for delivering high-quality, cost-effective health care to Medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inspector General Act Amendments of 2000''. SEC. 2. PROHIBITION OF CASH BONUS OR AWARDS. Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e) An Inspector General (as defined under section 8G(a)(6) or 11(3)) may not receive any cash award or cash bonus, including any cash award under chapter 45 of title 5, United States Code.''. SEC. 3. EXTERNAL REVIEWS. (a) In General.--Section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e)(1)(A) Not less than every 3 years an external review shall be conducted of each Office (as defined under section 8G(a)(5) or 11(4)). ``(B) The Inspector General of each Office (as defined under section 8G(a)(5) or 11(4)) shall arrange with the General Accounting Office or an appropriate private entity for the conduct of the review. ``(C) If an Inspector General contracts with a private entity for a review under this subsection, the private entity shall be contracted in accordance with section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253). ``(2) At a minimum, an external review under this subsection shall evaluate whether the Office properly manages and controls-- ``(A) contracts awarded by the Office, including a determination of whether-- ``(i) procedures used to procure contracts are in accordance with applicable laws and regulations; and ``(ii) costs incurred are reasonable and allowable under the terms of each contract; ``(B) appropriated funds, including a determination of whether training and travel funds are expended in accordance with applicable laws and regulations; and ``(C) personnel actions, including a determination of whether hiring and promotion practices used and performance awards issued are in accordance with applicable laws and regulations. ``(3) Not later than 30 calendar days after the completion of an external review, a report of the results shall be submitted to the head of the establishment and simultaneously to the appropriate committees or subcommittees of Congress.''. (b) Technical and Conforming Amendment.--The section heading for section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: ``duties and responsibilities; report of criminal violations to attorney general; external reviews''. SEC. 4. ANNUAL REPORTS. (a) In General.--Section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by striking the first sentence and inserting ``Each Inspector General shall, not later than October 31 of each year, prepare an annual report summarizing the activities and accomplishments of the Office during the immediately preceding 12-month period ending September 30.''; (2) by striking paragraphs (1) through (12) and inserting the following: ``(1) a summary of the program areas within the establishment identified by the Inspector General as high risk because of vulnerabilities to waste, fraud, abuse, and mismanagement; ``(2) a description of the most significant audits, investigations (administrative, civil, and criminal), and evaluations and inspections completed during the reporting period; ``(3) a summary of each report made to the head of the establishment under section 6(b)(2) during the reporting period; ``(4) a table showing-- ``(A)(i) the total number of final audit reports issued by the Office of Inspector General; and ``(ii) the financial benefits associated with the reports segregated by category, such as budget reductions, costs avoided, questioned costs, and revenue enhancements; and ``(B) corrective actions taken and program improvements made during the reporting period in response to either an Office of Inspector General audit finding or recommendation (excluding any recommendation included under subparagraph (A) with respect to such corrective actions); ``(5) a table showing-- ``(A) the judicial and administrative actions associated with investigations conducted by the Office of Inspector General; ``(B) the number of-- ``(i) cases referred for criminal prosecution, civil remedies, or administrative actions; ``(ii) cases presented but declined for prosecution, segregated by criminal and civil; ``(iii) cases accepted for prosecution (both Federal and State), segregated by criminal and civil; ``(iv) defendants indicted; ``(v) defendants convicted; ``(vi) defendants acquitted or charges dismissed after indictment; ``(vii) defendants sentenced to terms of imprisonment; ``(viii) defendants sentenced to terms of probation; and ``(ix) suspensions, disbarments, exclusions, sanctions, or some other similar administrative action; and ``(C) the total amount of fines, restitutions, and recoveries; ``(6) a description of the organization and management structure of the Office of Inspector General, including-- ``(A) an organization chart showing the major components of the Office; ``(B) a statistical table showing the number of authorized full-time equivalent positions segregated by component and by headquarters and field office; and ``(C) the amount of funding received in prior and current fiscal years; ``(7) a table showing-- ``(A) the number of contracts, and associated dollar value, awarded on a noncompetitive basis by the Office of Inspector General; and ``(B) with respect to any individual contract valued over $100,000, awarded on a noncompetitive basis-- ``(i) the name of the contractor; ``(ii) statement of work; ``(iii) the time period of the contract; and ``(iv) the dollar amount of the contract; ``(8)(A) a summary of each audit report issued in previous reporting periods for which no management decision has been made by the end of the reporting period (including the date and title of each such report); ``(B) an explanation of the reasons such management decision has not been made; and ``(C) a statement concerning the desired timetable for achieving a management decision on each such report;''; (3) by redesignating paragraph (13) as paragraph (9); (4) in paragraph (9) (as redesignated by paragraph (3) of this subsection)-- (A) by striking ``section 05(b)'' and inserting ``section 804(b)''; and (B) by striking the period and inserting a semicolon and ``and''; and (5) by adding at the end the following new paragraph: ``(10) any other information that the Inspector General determines appropriate to include in the annual report.''. (b) Semiannual Reports.--Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f)(1) Subject to paragraph (4), in addition to any annual report required to be furnished and transmitted under subsection (b), an Inspector General shall prepare and submit a report described under paragraph (2) to-- ``(A) the applicable congressional committee, if the chairman or ranking member of a congressional committee with appropriate jurisdiction submits a written request to such Inspector General; or ``(B) to the Comptroller General of the United States if the Comptroller General submits a written request to such Inspector General. ``(2) A report referred to under paragraph (1) shall-- ``(A) contain the information required for an annual report under subsection (a); and ``(B) summarize the activities of the Office during the 6- month period ending on March 31 of the calendar year following the date on which the request is made. ``(3) A report under this subsection shall be submitted on April 30 of the calendar year following the date on which the request is made. ``(4) An Inspector General shall not be required to submit a report under this subsection if the written request for such report is submitted to the Inspector General after November 30 of the calendar year preceding the date on which the report is otherwise required to be submitted to a congressional committee or the Comptroller General.''. (c) Submission of Other Reports.--Nothing in the amendments made by this section shall be construed to limit an Inspector General from submitting any report containing in whole or part information required in an annual or semiannual report furnished and transmitted under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) to Congress more frequently than on an annual or semiannual basis. (d) Technical and Conforming Amendments.-- (1) Section 4(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``semiannual'' and inserting ``annual''. (2) Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in subsection (b)-- (i) by striking ``Semiannual'' and inserting ``Annual''; and (ii) by striking ``April 30 and''; and (B) in subsection (c)-- (i) in the first sentence by striking ``semiannual'' and inserting ``annual''; and (ii) in the second sentence by striking ``semiannual'' and inserting ``annual''. (3) Section 8(f) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``semiannual'' and inserting ``annual''. SEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE. (a) Level IV Positions.--Section 5315 of title 5, United States Code, is amended by striking each item relating to the following positions: (1) Inspector General, Department of Education. (2) Inspector General, Department of Energy. (3) Inspector General, Department of Health and Human Services. (4) Inspector General, Department of Agriculture. (5) Inspector General, Department of Housing and Urban Development. (6) Inspector General, Department of Labor. (7) Inspector General, Department of Transportation. (8) Inspector General, Department of Veterans Affairs. (9) Inspector General, Department of Defense. (10) Inspector General, United States Information Agency. (11) Inspector General, Department of State. (12) Inspector General, Department of Commerce. (13) Inspector General, Department of the Interior. (14) Inspector General, Department of Justice. (15) Inspector General, Department of the Treasury. (16) Inspector General, Agency for International Development. (17) Inspector General, Environmental Protection Agency. (18) Inspector General, Federal Emergency Management Agency. (19) Inspector General, General Services Administration. (20) Inspector General, National Aeronautics and Space Administration. (21) Inspector General, Nuclear Regulatory Commission. (22) Inspector General, Office of Personnel Management. (23) Inspector General, Railroad Retirement Board. (24) Inspector General, Small Business Administration. (25) Inspector General, Federal Deposit Insurance Corporation. (26) Inspector General, Resolution Trust Corporation. (27) Inspector General, Central Intelligence Agency. (28) Inspector General, Social Security Administration. (29) Inspector General, United States Postal Service. (30) Inspector General, Tennessee Valley Authority. (b) Level III Positions.--Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Inspector General, Department of Education. ``Inspector General, Department of Energy. ``Inspector General, Department of Health and Human Services. ``Inspector General, Department of Agriculture. ``Inspector General, Department of Housing and Urban Development. ``Inspector General, Department of Labor. ``Inspector General, Department of Transportation. ``Inspector General, Department of Veterans Affairs. ``Inspector General, Department of Defense. ``Inspector General, Department of State. ``Inspector General, Department of Commerce. ``Inspector General, Department of the Interior. ``Inspector General, Department of Justice. ``Inspector General, Department of the Treasury. ``Inspector General, Agency for International Development. ``Inspector General, Corporation for Community and National Service. ``Inspector General, Environmental Protection Agency. ``Inspector General, Federal Emergency Management Agency. ``Inspector General, General Services Administration. ``Inspector General, National Aeronautics and Space Administration. ``Inspector General, Nuclear Regulatory Commission. ``Inspector General, Office of Personnel Management. ``Inspector General, Railroad Retirement Board. ``Inspector General, Small Business Administration. ``Inspector General, Federal Deposit Insurance Corporation. ``Inspector General, Central Intelligence Agency. ``Inspector General, Social Security Administration. ``Inspector General, United States Postal Service. ``Inspector General, Tennessee Valley Authority.''. (c) Savings Provision.--Nothing in this section shall have the effect of reducing the rate of pay of any individual serving as an Inspector General on the effective date of this section. SEC. 6. STUDY AND REPORT ON CONSOLIDATION OF INSPECTOR GENERAL OFFICES. (a) Study.--The Comptroller General of the United States shall-- (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; and (2) conduct a study of Federal Inspector General offices using the criteria developed under paragraph (1) to determine whether any such offices should be consolidated. (b) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to Congress containing recommendations for any legislative action, based on the study conducted under subsection (a). Passed the Senate December 14 (legislative day, September 22), 2000. Attest: GARY SISCO, Secretary.

Provides for an external review of the Office of Inspector General (Office) for specified Federal agencies at least every three years by the General Accounting Office or a private entity. Sets forth minimum requirements for such reviews and requires a report of results to appropriate congressional committees. Changes the semiannual Office activities report to an annual report. Revises required elements of such reports. Sets forth new semiannual Office activities reporting requirements. Changes the rate of pay of specified Inspectors General from Level IV to Level III of the Executive Schedule. Requires the Comptroller General to: (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; (2) study the offices using such criteria to determine whether any should be consolidated; and (3) report to Congress recommendations for legislative action based on the study.

Inspector General Act Amendments of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Reexamination Reform Act of 1994''. SEC. 2. DEFINITIONS. Section 100 of title 35, United States Code, is amended by adding at the end thereof the following new subsection: ``(e) The term `third-party requester' means a person requesting reexamination under section 302 of this title who is not the patent owner.''. SEC. 3. REEXAMINATION PROCEDURES. (a) Request for Reexamination.--Section 302 of title 35, United States Code, is amended to read as follows: ``Sec. 302. Request for reexamination ``Any person at any time may file a request for reexamination by the Office of a patent on the basis of any prior art cited under the provisions of section 301 of this title or on the basis of the requirements of section 112 of this title except for the best mode requirement. The request must be in writing and must be accompanied by payment of a reexamination fee established by the Commissioner of Patents and Trademarks pursuant to the provisions of section 41 of this title. The request must set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested or the manner in which the patent specification or claims fail to comply with the requirements of section 112 of this title. Unless the requesting person is the owner of the patent, the Commissioner promptly will send a copy of the request to the owner of record of the patent.''. (b) Determination of Issue by Commissioner.--Section 303 of title 35, United States Code, is amended to read as follows: ``Sec. 303. Determination of issue by Commissioner ``(a) Within three months following the filing of a request for reexamination under the provisions of section 302 of this title, the Commissioner will determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request, with or without consideration of other patents or printed publications. On his own initiative, and at any time, the Commissioner may determine whether a substantial new question of patentability is raised by patent or printed publications or by the failure of the patent specification or claims to comply with the requirements of section 112 of this title except for the best mode requirement. ``(b) A record of the Commissioner's determination under subsection (a) of this section will be placed in the official file of the patent, and a copy promptly will be given or mailed to the owner of record of the patent and to the third-party requester, if any. ``(c) A determination by the Commissioner pursuant to subsection (a) of this section will be final and nonappealable. Upon a determination that no substantial new question of patentability has been raised, the Commissioner may refund a portion of the reexamination fee required under section 302 of this title.''. (c) Reexamination Order by Commissioner.--Section 304 of title 35, United States Code, is amended to read as follows: ``Sec. 304. Reexamination order by Commissioner ``If, in a determination made under the provisions of section 303(a) of this title, the Commissioner finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of the patent for resolution of the question. The order may be accompanied by the initial Office action on the merits of the reexamination conducted in accordance with section 305 of this title.''. (d) Conduct of Reexamination Proceedings.--Section 305 of title 35, United States Code, is amended to read as follows: ``Sec. 305. Conduct of reexamination proceedings ``(a) Subject to subsection (b) of this section, reexamination will be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133 of this title. In any reexamination proceeding under this chapter, the patent owner will be permitted to propose any amendment to the patent and a new claim or claims thereto. No proposed amended or new claim enlarging the scope of the claims of the patent will be permitted in a reexamination proceeding under this chapter. ``(b)(1) This subsection shall apply to any reexamination proceeding in which the order for reexamination is based upon a third- party reexamination request. ``(2) Any document (other than the reexamination request) filed in a reexamination proceeding by either the patent owner or the third- party requester shall be served on any other party. ``(3)(A) If the patent owner files a response to any Office action on the merits, the third-party requester may once file written comments within a reasonable period. At a minimum, such comments may be filed within 1 month after the date of service of the patent owner's response. ``(B) Comments filed under this paragraph shall be limited to issues covered by the Office action or the patent owner's response. ``(c) Unless otherwise provided by the Commissioner for good cause, all reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, will be conducted with special dispatch within the Office.''. (e) Appeal.--Section 306 of title 35, United States Code, is amended to read as follows: ``Sec. 306. Appeal ``(a) The patent owner involved in a reexamination proceeding under this chapter may-- ``(1) appeal under the provisions of section 134 of this title, and may appeal under the provisions of sections 141 through 144 of this title, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent; or ``(2) be a party to any appeal taken by a third-party requester under subsection (b) of this section. ``(b) A third-party requester may-- ``(1) appeal under the provisions of section 134 of this title, and may appeal under the provisions of sections 141 through 144 of this title, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or ``(2) be a party to any appeal taken by the patent owner, subject to subsection (c) of this section. ``(c) A third-party requester who files a notice of appeal or who participates as a party to an appeal by the patent owner under the provisions of sections 141 through 144 of this title is estopped from later asserting, in any forum, the invalidity of any claim determined to be patentable on appeal on any ground which the third-party requester raised or could have raised during the reexamination proceedings. A third-party requester is deemed not to have participated as a party to an appeal by the patent owner unless, within twenty days after the patent owner has filed notice of appeal, the third-party requester files notice with the Commissioner electing to participate.''. (f) Reexamination Prohibited.--(1) Chapter 30 of title 35, United States Code, is amended by adding the following section at the end thereof: ``Sec. 308. Reexamination prohibited ``(a) Notwithstanding any provision of this chapter, once an order for reexamination of a patent has been issued under section 304 of this title, neither the patent owner nor the third-party requester, if any, nor privies of either, may file a subsequent request for reexamination of the patent until a reexamination certificate is issued and published under section 307 of this title, unless authorized by the Commissioner. ``(b) Once a final decision has been entered against a party in a civil action arising in whole or in part under section 1338 of title 28 that the party has not sustained its burden of proving the invalidity of any patent claim in suit, then neither that party nor its privies may thereafter request reexamination of any such patent claim on the basis of issues which that party or its privies raised or could have raised in such civil action, and a reexamination requested by that party or its privies on the basis of such issues may not thereafter be maintained by the Office, notwithstanding any provision of this chapter.''. (2) The table of sections for chapter 30 of title 35, United States Code, is amended by adding the following at the end thereof: ``308. Reexamination prohibited.''. SEC. 4. CONFORMING AMENDMENTS. (a) Board of Patent Appeals and Interferences.--The first sentence of section 7(b) of title 35, United States Code, is amended to read as follows: ``The Board of Patent Appeals and Interferences shall, on written appeal of an applicant, or a patent owner or a third-party requester in a reexamination proceeding, review adverse decisions of examiners upon applications for patents and decisions of examiners in reexamination proceedings, and shall determine priority and patentability of invention in interferences declared under section 135(a) of this title.''. (b) Patent Fees; Patent and Trademark Search Systems.--Section 41(a)(7) of title 35, United States Code, is amended by inserting ``or for an unintentionally delayed response by the patent owner in a reexamination proceeding,'' after ``issuing each patent,''. (c) Appeal to the Board of Patent Appeals and Interferences.-- Section 134 of title 35, United States Code, is amended to read as follows: ``Sec. 134. Appeal to the Board of Patent Appeals and Interferences ``(a) An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Board of Patent Appeals and Interferences, having once paid the fee for such appeal. ``(b) A patent owner in a reexamination proceeding may appeal from the final rejection of any claim by the primary examiner to the Board of Patent Appeals and Interferences, having once paid the fee for such appeal. ``(c) A third-party requester may appeal to the Board of Patent Appeals and Interferences from the final decision of the primary examiner favorable to the patentability of any original or proposed amended or new claim of a patent, having once paid the fee for such appeal.''. (d) Appeal to Court of Appeals for the Federal Circuit.--Section 141 of title 35, United States Code, is amended by amending the first sentence to read as follows: ``An applicant, a patent owner or a third- party requester, dissatisfied with the final decision in an appeal to the Board of Patent Appeals and Interferences under section 134 of this title, may appeal the decision to the United States Court of Appeals for the Federal Circuit.''. (e) Proceedings on Appeal.--Section 143 of title 35, United States Code, is amended by amending the third sentence to read as follows: ``In ex parte and reexamination cases, the Commissioner shall submit to the court in writing the grounds for the decision of the Patent and Trademark Office, addressing all the issues involved in the appeal.''. (f) Civil Action To Obtain Patent.--Section 145 of title 35, United States Code, is amended in the first sentence by inserting ``(a)'' after ``section 134''. SEC. 5. EFFECTIVE DATES. This Act shall take effect six months after the date of enactment of this Act and shall apply to all reexamination requests filed on or after such date. Passed the Senate October 4 (legislative day, September 12), 1994. Attest: MARTHA S. POPE, Secretary.

Patent Reexamination Reform Act of 1994 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Authorizes third-party requesters to file written comments within a reasonable period if the patent owner files a response to any Patent and Trademark Office action on the merits of reexamination. Grants third-party requesters the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from later asserting the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Bars patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published. Prohibits a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit.

Patent Reexamination Reform Act of 1994