FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Patient Safety Act''. SEC. 2. OVERSIGHT OF DEVICE RECALLS BY THE FOOD AND DRUG ADMINISTRATION. (a) Definitions.--In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of Food and Drugs. (2) Device.--The term ``device'' has the meaning given that term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Actions by Secretary.--To enhance the oversight by the Food and Drug Administration of device recalls, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall carry out the activities described in this section. (c) Assessment of Device Recall Information.-- (1) In general.-- (A) Assessment program.--The Secretary shall establish a program to routinely and systematically assess-- (i) information submitted to the Secretary pursuant to a device recall order under section 518(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360h(e)); and (ii) information required to be reported to the Secretary regarding a correction or removal of a device under section 519(g) of such Act (21 U.S.C. 360i(g)). (B) Use.--The Secretary shall use the assessment of information described under subparagraph (A) to proactively identify strategies for mitigating health risks presented by defective or unsafe devices. (2) Design.--The program under paragraph (1) shall be designed, at a minimum, to identify-- (A) trends in the numbers and types of device recalls; (B) the types of devices in each device class that are most frequently recalled; (C) the causes of device recalls; (D) the length of time needed for a person subject to a device recall to complete the recall; (E) the length of time needed for the Secretary to terminate a device recall; (F) whether the Secretary has performed a device recall audit check; (G) which persons have been subject to the most device recalls; and (H) any other information as the Secretary determines appropriate. (d) Audit Check Procedures.--The Secretary shall clarify procedures for conducting device recall audit checks to improve the ability of investigators to perform these checks in a consistent manner. (e) Assessment Criteria.--The Secretary shall develop explicit criteria for assessing whether a person subject to a recall order under section 518(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360h(e)) or to a requirement under section 519(g) of such Act (21 U.S.C. 360i(g)) has performed an effective correction or removal action under such section 519(g). (f) Termination of Recalls.-- (1) In general.--The Secretary shall document the basis for the termination by the Food and Drug Administration of-- (A) an individual device recall ordered under section 518(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360h(e)); and (B) the requirement on a manufacturer or importer of a device to report any correction or removal action for which a report is required to be submitted to the Secretary under section 519(g) of such Act (21 U.S.C. 360i(g)). (2) Publication.-- (A) In general.--The Secretary shall, with respect to each termination described in paragraph (1), publish the documentation required under such paragraph not later than 180 days after such termination. (B) Protection of confidential information or trade secrets.--Before public disclosure of the documentation under subparagraph (A), the Secretary shall delete from the documentation the following: (i) Any information that constitutes trade secret or confidential commercial or financial information. (ii) Any personnel, medical, or similar information, including the serial numbers of implanted devices, which would constitute a clearly unwarranted invasion of personal privacy. SEC. 3. CONDITIONAL CLEARANCE OF CERTAIN MEDICAL DEVICES. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 510 the following: ``SEC. 510A. CONDITIONAL CLEARANCE OF CERTAIN MEDICAL DEVICES. ``(a) In General.--Notwithstanding any other provision of law, the Secretary may conditionally clear for introduction into interstate commerce for commercial distribution a medical device intended for human use if such medical device is cleared pursuant to section 510(k). ``(b) Postclearance Requirements.--As part of the conditional clearance under subsection (a), the Secretary may impose the following: ``(1) The Secretary may restrict the sale, distribution, or use of the device but only to the extent that the sale, distribution, or use of the device may be restricted pursuant to section 520(e). ``(2) The Secretary-- ``(A) may require continuing evaluation and periodic reporting on the safety, effectiveness, and reliability of the device for its intended use; and ``(B) shall, to the extent the Secretary makes a requirement under subparagraph (A), state in the clearance order the reason or purpose for such a requirement and the number of patients to be evaluated and the reports required to be submitted. ``(3) The Secretary may require a prominent display in the labeling of the device and in the advertising of warnings, hazards, or precautions important for the device's safe and effective use, including patient information such as information provided to the patient on alternative modes of therapy and on risks and benefits associated with the use of the device. ``(4) The Secretary-- ``(A) may require maintenance of records that will enable the applicant to submit to the Food and Drug Administration information needed to trace patients if such information is necessary to protect the public health; and ``(B) shall, to the extent the Secretary makes the requirement under subparagraph (A), require that the identity of any patient be disclosed in records maintained under the postclearance reporting requirements only to the extent required for the medical welfare of the individual, to determine the safety or effectiveness of the device, or to verify a record, report, or information submitted to the agency. ``(5) The Secretary may require maintenance of records for specified periods of time and organization and indexing of records into identifiable files to enable the Food and Drug Administration to determine whether there is reasonable assurance of the continued safety and effectiveness of the device. ``(6) The Secretary may require submission of periodic reports, at specified intervals, which reports shall comply with the following: ``(A) Identify any of the following changes: ``(i) New indications for use of the device. ``(ii) Labeling changes. ``(iii) The use of a different facility or establishment to manufacture, process, or package the device. ``(iv) Changes in sterilization procedures. ``(v) Changes in packaging. ``(vi) Changes in the performance or design specifications, circuits, components, ingredients, principle of operation, or physical layout of the device. ``(vii) Extension of the expiration date of the device based on data obtained under a new or revised stability or sterility testing protocol. ``(viii) A change that does not affect the device's safety or effectiveness. ``(B) Contain a summary and bibliography of the following information not previously submitted: ``(i) Unpublished reports of data from any clinical investigations or nonclinical laboratory studies involving the device or related devices and known to or that reasonably should be known to the applicant. ``(ii) Reports in the scientific literature concerning the device and known to or that reasonably should be known to the applicant. If, after reviewing the summary and bibliography, the Food and Drug Administration concludes that the agency needs a copy of the unpublished or published reports, the Food and Drug Administration shall notify the applicant that copies of such reports should be submitted. ``(C) Identify changes made pursuant to an exception or alternative granted under section 801.128 or 809.11 of title 21, Code of Federal Regulations. ``(7) The Secretary may require batch testing of the device. ``(8) The Secretary may provide for any other requirements determined by the Secretary to be necessary to provide reasonable assurance, or continued reasonable assurance, of the safety and effectiveness of the device. ``(9) The Secretary may require device tracking as provided under part 821 of title 21, Code of Federal Regulations. ``(c) Rescission of Conditional Clearance.--The Secretary may rescind the conditional clearance of a medical device under subsection (a) if the Secretary determines that the conditions imposed on the clearance of the device described in subsection (b) have not been met.''. (b) Civil Monetary Penalties.--Section 303(f)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(1)(A)) is amended by inserting ``, or a regulation promulgated or an order issued to carry out this Act,'' after ``any person who violates a requirement of this Act''. (c) Process for the Review of Device Applications.--Section 737(8)(J) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379i(8)(J)) is amended by inserting ``or required as a condition of clearance of a device under section 510A'' after ``Act''.

Medical Device Patient Safety Act - Directs the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs, to establish a program to enhance the oversight by the Food and Drug Administration (FDA) of medical device recalls. Requires the program to routinely and systematically assess: (1) information submitted to the Secretary pursuant to a device recall order issued under the Federal Food, Drug, and Cosmetic Act (FDCA); and (2) information required to be reported by a device manufacturer to the Secretary regarding the manufacturer's correction or removal of a device. Requires the Secretary to use such information to proactively identify strategies for mitigating health risks presented by defective or unsafe devices. Requires such program to be designed to identify such things as recall trends, the causes of recalls, and the time to complete a recall. Requires the Secretary to develop explicit criteria for assessing whether a person subject to a recall order or the manufacturer's reporting requirement has performed an effective correction or removal action. Requires the Secretary to document and publish specified information concerning termination of a recall. Permits the Secretary to conditionally clear for introduction into interstate commerce for commercial distribution a medical device intended for human use if such medical device is cleared pursuant to specified FDCA reporting requirements concerning the introduction of devices into interstate commerce. Permits the Secretary, as part of such conditional clearance, to: (1) impose specified restrictions on the sale, distribution, or use of the device; (2) require specified labeling for the device; and (3) require the maintenance of specified records that enable the FDA to track the device and determine the safety and effectiveness of the device.

A bill to enhance Food and Drug Administration oversight of medical device recalls, to provide for the conditional clearance of certain medical devices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Addiction Free Treatment Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Heroin use in the United States continues to increase. (2) Drug use among teenagers in the United States is increasing and the number of teenagers that are using heroin for the first time is higher than at any previous time in history. (3) Between 1992 and 1996 heroin use among college-age students increased an estimated 10 percent. (4) There are an estimated 810,000 chronic heroin users in the United States, with an estimated 115,000 heroin addicts in the United States currently participating in methadone programs. (5) Methadone is a synthetic opiate and the use of methadone in the treatment of heroin addiction results in the transfer of addiction from 1 narcotic to another. (6) Methadone addicts attempting detoxification experience the same difficult withdrawal process as would be experienced with heroin detoxification. (7) The Federal Government should adopt a zero-tolerance, non-pharmacological policy that has as its defined objective independence from drug addiction. (8) The approach of the Federal Government should be to address a range of human needs and conditions that contribute to recidivism among recovering heroin addicts and that should be designed to provide opportunities for former heroin addicts to become drug-free, self-sufficient, productive members of society. SEC. 3. PROHIBITION ON THE USE OF MEDICAID FUNDS FOR CERTAIN METHADONE MAINTENANCE PROGRAMS. Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (18), by striking the period and inserting ``; or''; and (2) by adding at the end the following: ``(19) with respect to any amount expended for any drug treatment or rehabilitation program that utilizes methadone or Levo-Alpha Acetyl-Methadol unless the program-- ``(A) has as its primary objective the elimination of drug addiction, including addiction to methadone or Levo-Alpha Acetyl-Methadol; ``(B) has a specifically defined timetable (not to exceed 6 months from the date of an individual's enrollment as a patient in the program) for achieving complete termination of methadone or Levo-Alpha Acetyl- Methadol treatment; davis ``(C) conducts random and frequent comprehensive drug testing for all narcotics; ``(D) provides documentation of the results of such testing; ``(E) requires that patients who are participating in the program be drug-free for the duration of their methadone or Levo-Alpha Acetyl-Methadol treatment; and ``(F) terminates the methadone or Levo-Alpha Acetyl-Methadol treatment of any patient who tests positive for any other illegal narcotic during the duration of their methadone or Levo-Alpha Acetyl- Methadol treatment.''. SEC. 4. PROHIBITION ON THE USE OF CERTAIN PUBLIC HEALTH SERVICE ACT FUNDS FOR CERTAIN METHADONE MAINTENANCE PROGRAMS. Section 501 of the Public Health Service Act (42 U.S.C. 290aa) is amended by adding at the end the following: ``(n) Limitation.--Notwithstanding any other provision of law, amounts appropriated under this title or title XIX and administered by the Substance Abuse and Mental Health Services Administration may not be expended for any drug treatment or rehabilitation program that utilizes methadone or Levo-Alpha Acetyl-Methadol unless the program-- ``(1) has as its primary objective the elimination of drug addiction, including addiction to methadone or Levo-Alpha Acetyl-Methadol; ``(2) has a specifically defined timetable (not to exceed 6 months from the date of an individual's enrollment as a patient in the program) for achieving complete termination of methadone or Levo-Alpha Acetyl-Methadol treatment; ``(3) conducts random and frequent comprehensive drug testing for all narcotics; ``(4) provides documentation of the results of such testing; ``(5) requires that patients who are participating in the program be drug-free for the duration of their methadone or Levo-Alpha Acetyl-Methadol treatment; and ``(6) terminates the methadone or Levo-Alpha Acetyl- Methadol treatment of any patient who tests positive for any other illegal narcotic during the duration of their methadone or Levo-Alpha Acetyl-Methadol treatment.''. SEC. 5. STUDY OF TREATMENT PROGRAMS. Not later than 3 years after the date of enactment of this Act, the Director of the National Institute of Drug Abuse shall have conducted and completed a study concerning-- (1) the methods and effectiveness of nonpharmacological heroin rehabilitation programs; and (2) the methods and effectiveness of methadone-to- abstinence programs. SEC. 6. ANNUAL REPORT ON EFFECTIVENESS OF HEROIN REHABILITATION PROGRAMS. (a) In General.--Not later than January 1, 2000, and each January 1 thereafter, the Secretary of Health and Human Services acting through the Center for Substance Abuse Treatment shall prepare and submit to Congress a report concerning the effectiveness of heroin rehabilitation programs. Each such report shall focus on both nonpharmacological and methadone-to-abstinence based approaches to heroin rehabilitation. (b) Termination.--The requirement under subsection (a) shall terminate after the Secretary of Health and Human Services submits the 5th annual report under such subsection. SEC. 7. EFFECTIVE DATE. The amendments made by this Act apply to amounts expended on and after the date that is 6 months after the date of enactment of this Act.

Addiction Free Treatment Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act and the Public Health Service Act to prohibit the use of certain funds under such Acts for any drug treatment or rehabilitation program that uses methadone or Levo-Alpha Acetyl-Methadol (pharmacological heroin detoxification agents) unless the program follows specified guidelines, including that the program has as its primary objective the elimination of drug addiction (including addiction to the heroin detoxification agents mentioned above) and that it conducts random and frequent comprehensive drug testing for all narcotics. Requires: (1) the Director of the National Institute of Drug Abuse to conduct a study regarding the effectiveness of non-pharmacological heroin rehabilitation programs and methadone-to-abstinence programs; and (2) the Secretary of Health and Human Services to submit annual reports to Congress over a five-year period on heroin rehabilitation program effectiveness.

Addiction Free Treatment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Market Revitalization Act of 1996''. SEC. 2. CAPTIVE SUPPLY. (a) Definition of Captive Supply.--Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended by adding at the end the following: ``(12) Captive supply.--The term `captive supply' means livestock acquired for slaughter by a packer (including livestock delivered 7 days or more before slaughter) under a standing purchase arrangement, forward contract, or packer ownership, feeding, or financing arrangement, as determined by the Secretary.''. (b) Annual Report on Livestock Marketed or Slaughtered.--Section 407 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228), is amended by adding at the end the following: ``(f) Annual Report on Livestock Marketed or Slaughtered.-- ``(1) In general.--The Secretary shall make available to the public an annual statistical report on the number and volume of livestock marketed or slaughtered in the United States, including-- ``(A) information collected on the date of enactment of this Act; and ``(B) information on transactions involving livestock in regional and local markets. ``(2) Administration.--In carrying out paragraph (1), the Secretary shall ensure that-- ``(A) a significant share of regional and local livestock transactions are reported; and ``(B) the confidentiality of individual livestock transactions is maintained.''. (c) Information on Captive Supply Transactions.--Section 407 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228), as amended by subsection (b), is amended by adding at the end the following: ``(g) Information on Captive Supply Transactions.-- ``(1) In general.--Not later than 24 hours after a transaction involving captive supply is recorded, the Secretary shall make information concerning the transaction (including the specific standing arrangement) available to the public using electronic and other means that will ensure wide availability of the information. ``(2) Ongoing livestock transactions.--Any information collected on captive supply under paragraph (1) shall be reported in conjunction with ongoing livestock transactions.''. SEC. 3. MONITORING OF ANTITRUST AND ANTICOMPETITIVE BEHAVIOR AMONG PACKERS AND STOCKYARDS. (a) In General.--Section 407 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228) (as amended by section 2(c)), is amended by adding at the end the following: ``(h) Monitoring of Antitrust and Anticompetitive Behavior.-- ``(1) In general.--The Secretary shall-- ``(A) review and monitor the degree of antitrust and anticompetitive behavior on a national, regional, and local basis (as defined by the Secretary) among packers, stockyard owners, market agencies, and dealers to ensure compliance with Federal law and to ensure that actions taken by packers, stockyard owners, market agencies, and dealers will enhance, and not diminish, competitiveness; and ``(B) report the results of the review and monitoring to Congress, the Attorney General, and the public. ``(2) Coordination.--The Secretary and the Attorney General shall coordinate efforts to ensure that packers, stockyard owners, market agencies, and dealers do not violate Federal law relating to antitrust and anticompetitive behavior.''. (b) Reports.--Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate-- (1) a report that-- (A) assesses the resource needs of the Department of Agriculture for effectively carrying out section 407(h) of the Packers and Stockyards Act, 1971 (7 U.S.C. 228(h)) (as added by subsection (a)); and (B) includes a request for any additional funding that may be required for effectively carrying out section 407(h) of the Act; and (2) a report that assesses progress in implementing additional monitoring activities identifying geographical procurement markets described in the report entitled ``Monitoring by Packers and Stockyard Administration'', dated October 1991 (GAO/RCED-92-36). SEC. 4. COLLECTION AND DISSEMINATION OF MARKETING INFORMATION. Section 204(g) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended by adding at the end the following: ``In carrying out this subsection, on a national, regional, and local basis (as defined by the Secretary), the Secretary shall-- ``(1) provide price information, with emphasis on providing the information at the point of sale; ``(2) provide price and other information on a regular and timely basis; ``(3) make the information available to the public electronically; ``(4) collect and disseminate information supplied by packers (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)) on contract pricing related to captive supply (as defined in section 2 of the Act (7 U.S.C. 182)); ``(5) to the extent practicable, promote the use of consistent, value-based pricing methodology throughout the meat industry; and ``(6) report, on a weekly basis, the volume of cattle and meat products imported into the United States.''. SEC. 5. COOPERATIVE BARGAINING. Section 4 of the Agricultural Fair Practices Act of 1967 (7 U.S.C. 2303) is amended by adding at the end the following: ``(g) To fail to engage in good-faith negotiations with producer cooperatives (including new cooperatives), or to unfairly discriminate among producer cooperatives (including new cooperatives), with respect to the purchase, acquisition, or other handling of agricultural products.''. SEC. 6. LABELING OF MEAT AND MEAT FOOD PRODUCTS. Section 7(b) of the Federal Meat Inspection Act (21 U.S.C. 607(b)) is amended by striking ``require,'' and all that follows through the period at the end and inserting ``require-- ``(1) the information required under section 1(n); and ``(2) if it was imported (or was produced from an animal that was located in another country for at least 120 days) and is graded, a grading labeling that bears the words `imported', `may have been imported', `this product contains imported meat', `this product may contain imported meat', `this container contains imported meat', or `this container may contain imported meat', as the case may be, or words to indicate its country of origin.''. SEC. 7. LIVESTOCK INDUSTRY COMMISSION. (a) In General.--The Secretary of Agriculture shall, in consultation with representatives of the livestock industry, establish a national commission composed of nongovernmental members appointed by the Secretary to study and recommend means of modernizing the livestock industry and responding to the consumer demand for red meat. (b) Study.--In carrying out this section, the commission shall analyze costs and benefits, and make recommendations with respect to-- (1) value-added livestock products; (2) the impact of antitrust and anticompetitive behavior on cattle prices; (3) the grading system for meat used by the Secretary; and (4) refunds of assessments collected under the Beef Research and Information Act (7 U.S.C. 2901 et seq.). (c) Report.--Not later January 1, 2000, the commission shall submit a report the describes the results of the study required under this section to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

Livestock Market Revitalization Act of 1996 - Amends the Packers and Stockyards Act, 1921 to define "captive supply" as livestock acquired by a packer for slaughter, including livestock delivered seven days or more before slaughter. Directs the Secretary of Agriculture to: (1) make information available to the public concerning livestock slaughtered or marketed in the United States, and captive market transactions; (2) monitor antitrust and anticompetitive activities among packers and stockyards; and (3) collect and disseminate marketing information on a national, regional, and local basis. (Sec. 5) Amends the Agricultural Fair Practices Act of 1967 to make it an unfair trade practice to fail to act in good faith with producer cooperatives. (Sec. 6) Amends the Federal Meat Inspection Act with respect to grade labeling of imported meat. (Sec. 7) Directs the Secretary to establish a livestock industry commission.

Livestock Market Revitalization Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Proliferation Prevention Enhancement Act of 1999''. SEC. 2. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING CERTAIN SHIPPERS' EXPORT DECLARATIONS. (a) Authority.--Section 301 of title 13, United States Code, is amended by adding at the end the following new subsection: ``(h) The Secretary is authorized to require the filing of Shippers' Export Declarations under this chapter through an automated and electronic system for the filing of export information established by the Department of the Treasury.''. (b) Implementing Regulations.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Commerce and the Secretary of State, shall publish regulations in the Federal Register to require that, upon the effective date of those regulations, exporters (or their agents) who are required to file Shippers' Export Declarations under chapter 9 of title 13, United States Code, file such Declarations through the Automated Export System with respect to exports of items on the United States Munitions List or the Commerce Control List. (2) Elements of the regulations.--The regulations referred to in paragraph (1) shall include at a minimum-- (A) provision for the establishment of online assistance services to be available for those individuals who must use the Automated Export System; (B) provision for ensuring that an individual who is required to use the Automated Export System is able to print out from the System a validated record of the individual's submission, including the date of the submission and a serial number or other unique identifier for the export transaction; and (C) a requirement that the Department of Commerce print out and maintain on file a paper copy or other acceptable back-up record of the individual's submission at a location selected by the Secretary of Commerce. (c) Effective Date.--The amendment made by subsection (a) and the regulations described in subsection (b) shall take effect 180 days after the Secretary of Commerce, the Secretary of the Treasury, and the Director of the National Institute of Standards and Technology jointly certify, by publishing in the Federal Register a notice, that a secure, Internet-based Automated Export System that is capable of handling the expected volume of information required to be filed under subsection (b), plus the anticipated volume from voluntary use of the Automated Export System, has been successfully implemented and tested. SEC. 3. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM. It is the sense of Congress that exporters (or their agents) who are required to file Shippers' Export Declarations under chapter 9 of title 13, United States Code, but who are not required under section 2(b) to file such Declarations using the Automated Export System, should do so. SEC. 4. REPORT TO CONGRESS. Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce, in coordination with the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Secretary of Energy, and the Director of Central Intelligence, shall submit a report to Congress setting forth-- (1) the advisability and feasibility of mandating electronic filing through the Automated Export System for all Shippers' Export Declarations; (2) the manner in which data gathered through the Automated Export System can most effectively be used by other automated licensing systems administered by Federal agencies, including-- (A) the Defense Trade Application System of the Department of State; (B) the Export Control Automated Support System of the Department of Commerce; (C) the Foreign Disclosure and Technology Information System of the Department of Defense; (D) the Proliferation Information Network System of the Department of Energy; (E) the Enforcement Communication System of the Department of the Treasury; and (F) the Export Control System of the Central Intelligence Agency; and (3) a proposed timetable for any expansion of information required to be filed through the Automated Export System. SEC. 5. DEFINITIONS. In this Act: (1) Automated export system.--The term ``Automated Export System'' means the automated and electronic system for filing export information established under chapter 9 of title 13, United States Code, on June 19, 1995 (60 Federal Register 32040). (2) Commerce control list.--The term ``Commerce Control List'' has the meaning given the term in section 774.1 of title 15, Code of Federal Regulations. (3) Shippers' export declaration.--The term ``Shippers' Export Declaration'' means the export information filed under chapter 9 of title 13, United States Code, as described in part 30 of title 15, Code of Federal Regulations. (4) United states munitions list.--The term ``United States Munitions List'' means the list of items controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).

Expresses the sense of Congress urging exporters (or their agents) who are required to file Shippers' Export Declarations, but are not required under this Act to file them using the Automated Export System, to do so anyway.

Proliferation Prevention Enhancement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Communications Commission Satellite Carrier Oversight Act''. SEC. 2. FINDINGS. (a) The Congress finds that: (1) Signal theft represents a serious threat to direct-to- home satellite television. In the Telecommunications Act of 1996, Congress confirmed the applicability of penalties for unauthorized decryption of direct-to-home satellite services. Nevertheless, concerns remain about civil liability for such unauthorized decryption. (2) In view of the desire to establish competition to the cable television industry, Congress authorized consumers to utilize direct-to-home satellite systems for viewing video programming through the Cable Communications Policy Act of 1984. (3) Congress found in the Cable Television Consumer Protection and Competition Act of 1992 that without the presence of another multichannel video programming distributor, a cable television operator faces no local competition and that the result is undue market power for the cable operator as compared to that of consumers and other video programmers. (4) The Federal Communications Commission, under the Cable Television Consumer Protection and Competition Act of 1992, has the responsibility for reporting annually to the Congress on the state of competition in the market for delivery of multichannel video programming. (5) In the Cable Television Consumer Protection and Competition Act of 1992, Congress stated its policy of promoting the availability to the public of a diversity of views and information through cable television and other video distribution media. (6) Direct-to-home satellite television service is the fastest growing multichannel video programming service with approximately 8 million households subscribing to video programming delivered by satellite carriers. (7) Direct-to-home satellite television service is the service that most likely can provide effective competition to cable television service. (8) Through the compulsory copyright license created by Section 119 of the Satellite Home Viewer Act of 1988, satellite carriers have paid a royalty fee per subscriber, per month to retransmit network and superstation signals by satellite to subscribers for private home viewing. (9) Congress set the 1988 fees to equal the average fees paid by cable television operators for the same superstation and network signals. (10) Effective May 1, 1992, the royalty fees payable by satellite carriers were increased through compulsory arbitration to $0.06 per subscriber per month for retransmission of network signals and $0.175 per subscriber per month for retransmission of superstation signals, unless all of the programming contained in the superstation signal is free from syndicated exclusivity protection under the rules of the Federal Communications Commission, in which case the fee was decreased to $0.14 per subscriber per month. These fees were 40-70 percent higher than the royalty fees paid by cable television operators to retransmit the same signals. (11) On October 27, 1997, the Librarian of Congress adopted the recommendation of the Copyright Arbitration Royalty Panel and approved raising the royalty fees of satellite carriers to $0.27 per subscriber per month for both superstation and network signals, effective January 1, 1998. (12) The fees adopted by the Librarian are 270 percent higher for superstations and 900 percent higher for network signals than the royalty fees paid by cable television operators for the exact same signals. (13) To be an effective competitor to cable, direct-to-home satellite television must have access to the same programming carried by its competitors and at comparable rates. In addition, consumers living in areas where over-the-air network signals are not available rely upon satellite carriers for access to important news and entertainment. (14) The Copyright Arbitration Royalty Panel did not adequately consider the adverse competitive effect of the differential in satellite and cable royalty fees on promoting competition among multichannel video programming providers and the importance of evaluating the fees satellite carries pay in the context of the competitive nature of the multichannel video programming marketplace. (15) If the recommendation of the Copyright Arbitration Royalty Panel is allowed to stand, the direct-to-home satellite industry, whose total subscriber base is equivalent in size to approximately 11 percent of all cable households, will be paying royalties that equal half the size of the cable royalty pool, thus giving satellite subscribers a disproportionate burden for paying copyright royalties when compared to cable television subscribers. SEC. 3. DBS SIGNAL SECURITY. (a) Section 605(d) of the Communications Act of 1934 (47 U.S.C. 605) is amended by adding after ``satellite cable programming,'' the following: ``or direct-to-home satellite services,''. SEC. 4. PROCEEDING ON RETRANSMISSION OF DISTANT BROADCAST SIGNALS; REPORT ON EFFECT OF INCREASED ROYALTY FEES FOR SATELLITE CARRIERS ON COMPETITION IN THE MARKET FOR DELIVERY OF MULTICHANNEL VIDEO PROGRAMMING. (a) Section 628 of the Communications Act of 1934 (47 U.S.C. 548) is amended-- (1) by adding at the end of subsection (g): ``The Commission shall, within 180 days of enactment of this amendment initiate a notice of inquiry to determine the best way in which to facilitate the retransmission of distant broadcast signals such that it is more consistent with the 1992 Cable Act's goal of promoting competition in the market for delivery of multichannel video programming and the public interest. The Commission also shall within 180 days of enactment report to Congress on the effect of the increase in royalty fees paid by satellite carriers pursuant to the decision by the Librarian of Congress on competition in the market for delivery of multichannel video programming and the ability of the direct-to-home satellite industry to compete.''. SEC. 5. EFFECTIVE DATE OF INCREASED ROYALTY FEES. (a) Notwithstanding any other provision of law, the Copyright Office shall be prohibited from implementing, enforcing, collecting or awarding copyright royalty fees, and no obligation or liability for copyright royalty fees shall accrue pursuant to the decision of the Librarian of Congress on October 27, 1997, which established a royalty fee of $0.27 per subscriber per month for the retransmission of distant broadcast signals by satellite carriers, before January 1, 1999.

Federal Communications Commission Satellite Carrier Oversight Act - Amends the Communications Act of 1934 to: (1) include direct-to-home satellite services under provisions protecting signal broadcast; (2) direct the Federal Communications Commission (FCC) to initiate a notice of inquiry to determine the best way to facilitate the retransmission of distant broadcast signals in order to promote market competition for delivery of multichannel video programming in the public interest; and (3) direct the FCC to report to the Congress on the effect of the increase in royalty fees paid by satellite carriers for such retransmission on such competition and the ability of the direct-to-home satellite industry to compete. Prohibits the Copyright Office from implementing, before January 1, 1999, the decision of the Librarian of Congress which established a specified royalty fee per subscriber per month for the retransmission of distant broadcast signals by satellite carriers.

Federal Communications Commission Satellite Carrier Oversight Act

SECTION 1. FINDINGS. Congress finds the following: (1) The average life expectancy in the United States has increased to 80 years of age, causing an ever-increasing demand for medical care. (2) Medical school enrollment numbers have been virtually stagnant for the last 25 years. (3) During the last 20 years, median tuition and fees at medical schools have increased by 229 percent (122 percent adjusted for inflation) in private schools and by 479 percent (256 percent adjusted for inflation) in public schools. (4) The Association of American Medical Colleges, in its Statement on the Physician Workforce, dated June, 2006, called for an increase of 1,500 National Health Service Corps program awards per year to help meet the need for physicians caring for underserved populations and to help address rising medical student indebtedness. (5) The National Health Service Corps program has a proven record of supplying physicians to underserved areas, and has played an important role in expanding access for underserved populations in rural and inner city communities. (6) Continued expansion of the National Health Service Corps program is strongly recommended. (7) The growing debt incurred by graduating medical students is likely to increase the interest and willingness of graduates of United States medical schools to apply for National Health Service Corps program funding and awards. (8) One-third (250,000) of active physicians are over the age of 55 and are likely to retire in the next ten years, while the population will have increased by 24 percent. These demographic changes will cause the population-to-physician ratio to peak by the year 2020. (9) In 2005, the Council on Graduate Medical Education stated in a report to Congress that there will be a shortage of not fewer than 90,000 full-time physicians by 2020. (10) A continuing decline in the number of primary care physicians will lead to increased shortages of health care access in rural America. (11) There is a declining ability to recruit qualified medical students from rural and underserved areas, coupled with greater difficulty on the part of community health centers and other clinics to attract adequate personnel. (12) Individuals in many geographic areas, especially rural areas, lack adequate access to high quality preventive, primary and specialty health care, contributing to significant health disparities that impair America's public health and economic productivity. (13) A collaborative process is needed between hospitals and non-hospital settings to maximize the potential of non- hospital health care training. SEC. 2. SCHOLARSHIPS FOR MEDICAL STUDENTS UNDER NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM. Section 338H of the Public Health Service Act (42 U.S.C. 254q) is amended by adding at the end the following: ``(d) Scholarships for Medical Students.--For contracts for scholarships under this subpart to individuals who are accepted for enrollment, or enrolled, in a course of study or program described in section 338A(b)(1)(B) that leads to a degree in medicine or osteopathic medicine, the Secretary shall, of the amounts appropriated under subsection (a) for a fiscal year, obligate the greater of 10 percent or such amount as necessary to fund ongoing activities related to such contracts.''. SEC. 3. CLARIFICATION OF ELIGIBILITY FOR MEDICARE GRADUATE MEDICAL EDUCATION FUNDING OF A NONRURAL HOSPITAL THAT HAS A TRAINING PROGRAM WITH AN INTEGRATED RURAL TRACK. (a) In General.--Section 1886(h)(4)(H) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)), as amended by section 5506(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) in clause (iv), by inserting ``(as defined in clause (vii))'' after ``an integrated rural track''; and (2) by adding at the end the following new clause: ``(vii) Definition of accredited training program with an integrated rural track.--For purposes of clause (iv), the term `accredited training program with an integrated rural track' means an accredited medical residency training program located in an urban area which offers a curriculum for all residents in the program that includes the following characteristics: ``(I) A minimum of 3 block months of rural rotations. During such 3 block months, the resident is in a rural area for 4 weeks or a month. ``(II) A stated mission for training rural physicians. ``(III) A minimum of 3 months of obstetrical training, or an equivalent longitudinal experience. ``(IV) A minimum of 4 months of pediatric training that includes neonatal, ambulatory, inpatient, and emergency experiences through rotations, or an equivalent longitudinal experience. ``(V) A minimum of 2 months of emergency medicine rotations, or an equivalent longitudinal experience.''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to-- (1) payments to hospitals under section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) for cost reporting periods beginning on or after January 1, 2011; and (2) payments to hospitals under section 1886(d)(5)(B)(v) of such Act (42 U.S.C. 1395ww(d)(5)(B)(v)) for discharges occurring on or after January 1, 2011.

Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to obligate, for scholarships for individuals who are accepted or enrolled in a course of study or program that leads to a degree in medicine or osteopathic medicine, the greater of : (1) 10% of amounts appropriated for the National Health Service Corps; or (2) the amount necessary to fund such scholarships activities. Amends title XVIIII (Medicare) of the Social Security Act to require nonrural hospitals operating training programs in rural areas to include rural and emergency medicine rotations and obstetrical and pediatric training in such programs for purposes of payments for direct graduate medical education costs.

To amend the Public Health Service Act and title XVIII of the Social Security Act to increase the number of primary care physicians and medical residents serving health professional shortage areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Ireland Peace and Reconciliation Support Act of 2003''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The United States has been effectively engaged in the Northern Ireland peace process through both participating in negotiations and contributing to the economic development of the region. (2) Both the Government of Ireland and the Irish people and the Government of the United Kingdom and the British people are long-standing friends of the United States and the American people. (3) In 1986, the United States, in support of the Agreement Between the Government of Ireland and the Government of the United Kingdom (``Anglo-Irish Agreement'') dated November 15, 1985, initiated annual contributions to the International Fund for Ireland (``International Fund'') to help bolster economic development and support programs that would foster peace and reconciliation in Northern Ireland and the affected border areas of the Republic of Ireland. (4) The United States has been a generous and faithful donor to the International Fund, contributing more than $386,000,000 to help improve relations between Catholics and Protestants in Northern Ireland through the creation of thousands of jobs and cross community business development. (5) More than 80 percent of the International Fund's investments have been in disadvantaged areas offering work experience and important job training programs for disadvantaged and unemployed youth through the economic, social, and physical regeneration of deprived areas. (6) The International Fund has also developed a series of community-building programs promoting greater dialogue and understanding between Catholics and Protestants and leadership programs designed to develop a new generation of leaders in Northern Ireland to bring about a more peaceful and prosperous future in the region. (7) Through the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415), the United States also seeks to ensure that its contributions promote ``reconciliation in Northern Ireland and the establishment of a society in Northern Ireland in which all may live in peace, free from discrimination, terrorism, and intolerance, and with the opportunity for both communities to participate fully in the structures and processes of government.''. (8) The Good Friday Agreement reached by the Government of Ireland, the Government of the United Kingdom, and political party leaders on April 10, 1998, created the Northern Ireland Executive Assembly and Executive Committee and provided for a ``democratically elected Assembly in Northern Ireland which is inclusive in its membership, capable of exercising executive and legislative authority, and subject to safeguards to protect the rights and interests of all sides of the community.''. (9) The Good Friday Agreement also called for police reform and establishment of a ``new beginning'' in policing in Northern Ireland with an effective, accountable, and fair police service capable of attracting and sustaining support from the community as a whole, capable of maintaining law and order, and based on principles of protection of human rights. (10) In 1999, the Independent Commission on Policing in Northern Ireland, mandated by the Good Friday Agreement, made 175 recommendations for policing reform in Northern Ireland, some of which have been implemented. (11) In 2002, the Department of State, as required by section 701(d) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), issued a ``Report on Policing Reform and Human Rights in Northern Ireland'' and concluded that among key areas of concern that had not been fully implemented was the establishment of a critically-needed new police training facility and an increase in funding for training programs. (b) Sense of Congress.--It is the sense of Congress that-- (1) United States assistance for the International Fund has contributed greatly to the economic development of Northern Ireland and that both objectives of the Anglo-Irish Agreement Support Act of 1986, economic development and reconciliation, remain critical to achieving a just and lasting peace in the region, especially in the economically-depressed areas; (2) although there has been positive economic development in both the Republic of Ireland and Northern Ireland, International Fund contributions to support much-needed projects in economically-depressed areas of Northern Ireland remain very important, and an expansion of efforts in reconciliation projects as a way to promote peace and economic stability is also encouraged; and (3) since policing reform is a significant part of winning public confidence and acceptance in the new form of government in Northern Ireland, the International Fund is encouraged to support programs that enhance relations between communities, and between the police and the communities they serve, promote human rights training for police, and enhance peaceful mediation in neighborhoods of continued conflict. SEC. 3. AMENDMENTS TO THE ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986. (a) Findings and Purposes.--Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 is amended by adding at the end the following: ``Furthermore, the International Fund is encouraged to support programs that enhance relations between communities, and between the police and the communities they serve, promote human rights training for police, enhance peaceful mediation in neighborhoods of continued conflict, promote training programs to enhance the new district partnership police boards recommended by the Patten Commission, and assist in the transition of former British military installations and prisons into sites for peaceful, community-supported activities, such as housing, retail, and commercial development.''. (b) United States Contributions to the International Fund.--Section 3 of the Anglo-Irish Agreement Support Act of 1986 is amended by adding at the end the following: ``(c) Fiscal Years 2004 and 2005.--Of the amounts made available for fiscal years 2004 and 2005 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), there are authorized to be appropriated $25,000,000 for each such fiscal year for United States contributions to the International Fund. Amounts appropriated pursuant to the authorization of appropriations under the preceding sentence are authorized to remain available until expended. Of the amount authorized to be appropriated for fiscal years 2004 and 2005 under this subsection, it is the sense of Congress that not less than 20 percent of such amount for each such fiscal year should be used to carry out the last sentence of section 2(b).''. (c) Annual Reports.--Section 6(1) of the Anglo-Irish Agreement Support Act of 1986 is amended by adding at the end before the semicolon the following: ``, specifically through improving local community relations and relations between the police and the people they serve''. Passed the House of Representatives March 31, 2003. Attest: JEFF TRANDAHL, Clerk.

Northern Ireland Peace and Reconciliation Support Act of 2003 - Declares the sense of Congress that: (1) U.S. assistance for the International Fund for Ireland has contributed greatly to the economic development of Northern Ireland and that both objectives of the Anglo-Irish Agreement Support Act of 1986, economic development and reconciliation, remain critical to achieving a just and lasting peace in the region, especially in the economically-depressed areas; and (2) Fund contributions to support much-needed projects in economically-depressed areas of Northern Ireland remain very important, and an expansion of efforts in reconciliation projects is encouraged.Amends the Anglo-Irish Agreement Support Act of 1986 to encourage the Fund to support programs that: (1) enhance relations between communities, and between the police and the communities they serve; (2) promote human rights training for police; (3) enhance peaceful mediation in neighborhoods of continued conflict; (4) promote training programs to enhance the new district partnership police boards recommended by the Patten Commission; and (5) assist in the transition of former British military installations and prisons into sites for peaceful, community-supported activities, such as housing, retail, and commercial development.Authorizes certain appropriations for FY 2004 and 2005 for U.S. contributions to the Fund. Declares the sense of Congress that at least 20 percent of such amount for each such fiscal year should be used to carry out such programs to improve local community relations and relations between the police and the people they serve.

To authorize appropriations for fiscal years 2004 and 2005 for United States contributions to the International Fund for Ireland, and for other purposes.

SECTION 1. COMMISSION TO EDUCATE OUR NATION'S TEACHERS AND STUDENTS ON FINANCIAL LITERACY SKILLS. (a) Findings.--The Congress finds as follows: (1) A range of trends points to the need for individuals in the United States to receive a practical economics education that will give the individuals tools to make responsible choices about their limited financial resources, choices which will impact individuals' credit ratings. (2) An individual's credit rating will affect his or her ability to buy a home, finance education, establish a small business and prepare for retirement. (3) Building and maintaining sound credit requires knowledge of personal finance and economics. (4) Basic economics education is a key to understanding personal finance. (5) A number of Federal departments and agencies have implemented programs to improve personal finance and economics education, including the Departments of Education, Labor, Treasury, and Housing and Urban Development, as well as the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Federal Trade Commission and the Securities Exchange Commission. (6) Coordinating existing Federal efforts, maximizing the impact of existing private sector efforts, and identifying and promoting best practices are necessary to improve economic and personal finance education and to improve individuals' credit and economic well-being. (b) Authority To Establish Commission.--Not later than January 31, 2005, the President shall convene a Commission to Educate our Nation's Teachers and Students on Financial Literacy Skills (hereafter in this section referred to as the ``Commission'') to examine and identify government policies that promote economic and financial literacy. (c) Scope of the Commission.--The scope of the Commission shall consist of issues relating to economic and financial education. (d) Purposes.--The purposes of the Commission shall be-- (1) to make recommendations on integrating economic and personal finance education into primary, secondary, and postsecondary curricula; (2) to identify and make recommendations regarding best practices in economic and personal finance education; (3) to make recommendations on coordinating existing Federal and private sector economic and financial literacy education programs; and (4) to carry out such other duties as the Commission members deem appropriate, consistent with this Act. (e) Commission Members.--To carry out the purposes of the Commission, the Commission shall include-- (1) three members appointed by the President, one of whom shall be designated by the President as the Chairperson of the Commission; (2) two members appointed by the Speaker of the House of -- --Representatives; (3) two members appointed by the minority leader of the House of Representatives; (4) two members appointed by the majority leader of the Senate; and (5) two members appointed by the minority leader of the Senate. (f) Appointment Requirements.--The Commission members shall-- (1) be appointed not later than January 31, 2005; and (2) include at least one representative of each of the following groups: (A) Primary and secondary educators. (B) Postsecondary educators. (C) The financial services industry. (D) State and local governments. (E) organizations involved in promoting economics education. (g) Commission Administration.-- (1) Administration.--In administering this section, the Chairperson of the Commission shall-- (A) request the cooperation and assistance of such Federal departments and agencies as may be appropriate in the carrying out of this section; (B) furnish all reasonable assistance to State agencies, area agencies, and other appropriate organizations to enable them to provide testimony and otherwise participate in the Commission's hearings; (C) make available for public comment a proposed agenda for the Commission that reflects to the greatest extent possible the purposes for the Commission set out in this section; (D) prepare and make available background materials for the use of participants in the Commission that the Chairperson considers necessary; and (E) appoint and fix the pay of such additional personnel as may be necessary to carry out the provisions of this section without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay-rates. (2) Duties of the chairperson.--The Chairperson of the Commission shall, in carrying out the responsibilities and functions of the Chairperson under this section, ensure that-- (A) the Commission shall hold hearings in accordance with this section; (B) the Commission shall be conducted in a manner that ensures broad participation of Federal, State, and local agencies and private organizations, professionals, and others involved in economic education; and (C) the agenda prepared under paragraph (1)(C) for the Commission is published in the Federal Register. (3) Nonapplication of federal advisory committee act.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) Hearings.-- (1) In general.--The Commission shall hold public hearings to receive testimony related to the recommendations to be included in the Commission's report identified in subsection (h)(3). (2) Field hearings.--The Commission shall conduct at least 4 hearings to be held in different States. (i) Report.-- (1) In general.--The Commission shall prepare a report describing the activities and recommendations of the Commission and shall submit the report to the President, the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the chief executive officers of the States not later than July 1, 2005. (2) Approval of report.--Approval of the Commission's report shall require a majority of the Commission. (3) Report contents.--In addition to summarizing the activities of the Commission, the report shall include proposals for improving economics and finance education, including recommendations for-- (A) integrating high quality, standards-based economic and financial education in the curricula of primary, secondary and postsecondary education; (B) identifying best practices in the teaching of economics and personal finance including teacher training and development of curricular materials; (C) coordinating and enhancing existing federal and private sector efforts to improve economic education and financial literacy; (D) assessing and identifying best practices for the training of teachers and educators in economics and finance; and (E) developing models for public-private partnerships in the promotion of economic and finance education. (j) Definition.--For purposes of this section, the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (k) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years beginning on or after October 1, 2004, such sums as are necessary to carry out this section. (l) Financial Obligation for Fiscal Year 2005.--The financial obligation for the Commission for fiscal year 2005 shall not exceed $500,000. (m) Contracts.--The Chairperson of the Commission may enter into contracts to carry out the Chairperson's responsibilities under this section. The Chairperson shall enter into a contract on a sole-source basis to ensure the timely completion of the Commission's activities.

Directs the President to convene a Commission to Educate our Nation's Teachers and Students on Financial Literacy Skills to examine, identify, and report to the President, the congressional leadership, and the chief executive officers of the States on government policies that promote economic and financial literacy.

To establish a Commission to Educate our Nation's Teachers and Students on Financial Literacy Skills.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Program Management Improvement and Accountability Act of 2015''. SEC. 2. DEPUTY DIRECTOR FOR MANAGEMENT. (a) Additional Functions.--Section 503 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(c) Program and Project Management.--Subject to the direction and approval of the Director, the Deputy Director for Management or designee shall-- ``(1) adopt governmentwide standards, policies, and guidelines for program and project management for executive agencies; ``(2) oversee program and project management for the standards, policies, and guidelines established under paragraph (1); ``(3) chair the Program Management Policy Council established by section 1126(b); ``(4) issue regulations and establish standards and policies for executive agencies in accordance with nationally accredited standards for program and project management planning and delivery issues; ``(5) engage with the private sector; ``(6) conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office; ``(7) not less than annually, conduct portfolio reviews of agency programs in coordination with project management improvement officers; and ``(8) establish a five-year strategic plan for program and project management.''. (b) Deadline for Standards, Policies, and Guidelines.--Not later than 120 days after the date of the enactment of this Act, the Deputy Director for Management of the Office of Management and Budget shall issue the standards, policies, and guidelines required under section 503(c)(1) of title 31, United States Code, as added by subsection (a). (c) Regulations.--Not later than 150 days after the date of the enactment of this Act, the Deputy Director for Management of the Office of Management and Budget, in consultation with the Council and the Director of the Office of Management and Budget, shall issue any regulations as are necessary to implement the requirements of section 503(c) of title 31, United States Code, as added by subsection (a). SEC. 3. PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PROGRAM MANAGEMENT POLICY COUNCIL. (a) Amendment.--Chapter 11 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 1126. Program Management Improvement Officers and Program Management Policy Council ``(a) Program Management Improvement Officers.-- ``(1) Designation.--The head of each agency described in section 901(b) shall designate a senior executive of the agency as the agency Program Management Improvement Officer. The Program Management Improvement Officer shall report directly to the head of the agency. ``(2) Functions.--The Program Management Improvement Officer shall-- ``(A) implement agency program management policies established under section 503(c); and ``(B) develop a written strategy for enhancing the role of program managers within the agency that includes the following: ``(i) Enhanced training and educational opportunities for program managers. ``(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency. ``(iii) Improved career paths and career opportunities for program managers. ``(iv) Incentives for the recruitment and retention of highly qualified individuals to serve as program managers. ``(v) Improved resources and support, including relevant competencies encompassed with program and project management within the private sector for program managers. ``(vi) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency. ``(vii) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes. ``(b) Program Management Policy Council.-- ``(1) Establishment.--There is established in the Office of Management and Budget a council to be known as the `Program Management Policy Council' (in this section referred to as the `Council'). ``(2) Purpose and functions.--The Council shall act as the principal interagency forum for improving agency practices related to program and project management. The Council shall-- ``(A) advise and assist the Deputy Director for Management of the Office of Management and Budget; ``(B) review programs identified as high risk by the General Accountability Office and make recommendations for actions to be taken by the Deputy Director for Management of the Office of Management and Budget or designee; ``(C) discuss topics of importance to the workforce, including-- ``(i) career development and workforce development needs; ``(ii) policy to support continuous improvement in program and project management; and ``(iii) major challenges across agencies in managing programs; ``(D) advise on the development and applicability of standards governmentwide for program management transparency; and ``(E) review the information published on the website pursuant to section 1122. ``(3) Membership.-- ``(A) Composition.--The Council shall be composed of the following members: ``(i) Five members from the Office of Management and Budget as follows: ``(I) The Deputy Director for Management. ``(II) The Administrator of the Office of Electronic Government. ``(III) The Administrator of the Office of Federal Procurement Policy. ``(IV) The Controller of the Office of Federal Financial Management. ``(V) The Director of the Office of Performance and Personnel Management. ``(ii) The Program Management Improvement Officer from each agency described in section 901(b). ``(iii) Other individuals as determined appropriate by the Chairperson. ``(B) Chairperson and vice chairperson.-- ``(i) In general.--The Deputy Director for Management of the Office of Management and Budget shall be the Chairperson of the Council. A Vice Chairperson shall be elected by the members and shall serve a term of not more than one year. ``(ii) Duties.--The Chairperson shall preside at the meetings of the Council, determine the agenda of the Council, direct the work, of the Council and establish and direct subgroups of the Council as appropriate. ``(4) Meetings.--The Council shall meet not less than twice per fiscal year and may meet at the call of the Chairperson or a majority of the members of the Council. ``(5) Support.--The head of each agency with a Project Management Improvement Officer serving on the Council shall provide administrative support to the Council, as appropriate, at the request of the Chairperson. ``(6) Committee duration.--Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.''. (b) Report Required.--Not later than 180 days after the date of the enactment of this Act, the head of each agency described in section 901(b) of title 31, United States Code, shall submit to Congress and the Office of Management and Budget a report containing the strategy developed under section 1126(a)(2)(B) of such title, as added by subsection (a). SEC. 4. PROGRAM AND PROJECT MANAGEMENT PERSONNEL STANDARDS. (a) Regulations Required.--Not later than 270 days after the date of enactment of this Act, the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall issue regulations that-- (1) identify key skills and competencies needed for a program and project manager in an agency; (2) establish a new job series for program and project management within an agency; and (3) establish a new career path for program and project managers within an agency. (b) Agency Defined.--In this section, the term ``agency'' means each agency described in section 901(b) of title 31, United States Code.

Program Management Improvement and Accountability Act of 2015 Establishes as additional functions of the Deputy Director for Management of the Office of Management and Budget (OMB) requirements to: adopt and oversee government-wide standards, policies, and guidelines for program and project management for executive agencies; chair the Program Management Policy Council (established by this Act); issue regulations and establish standards and policies for executive agencies in accordance with nationally accredited standards for program and project management planning and delivery issues; engage with the private sector; conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office; conduct portfolio reviews of agency programs at least annually; and establish a five-year strategic plan for program and project management. Requires the head of each federal agency that is required to have a Chief Financial Officer to designate a Program Management Improvement Officer to implement agency program management policies and develop a written strategy for enhancing the role of program managers within the agency. Establishes the Program Management Policy Council within OMB to act as the principal interagency forum for improving agency practices related to program and project management. Requires the Office of Personnel Management to issue regulations that: (1) identify key skills and competencies needed for an agency program and project manager, (2) establish a new job series for program and project management within an agency, and (3) establish a new career path for program and project managers.

Program Management Improvement and Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aircraft Ownership Transparency Act of 2017''. SEC. 2. CERTIFICATION OF AIRCRAFT REGISTRATION. (a) In General.--Before approving a certificate of registration issued under section 44103 of title 49, United States Code, with a covered entity, the Administrator of the Federal Aviation Administration shall require the covered entity to-- (1) identify each beneficial owner of the covered entity by-- (A) name; (B) current residential or business street address; (C) a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license issued by a State or if neither is available, a legible and credible copy of the pages of a nonexpired passport issued by the government of a foreign country bearing a photograph, date of birth, and unique identifying information for the person; (D) nationality; and (E) the make, model, and serial number of the aircraft to be registered; (2) in the case of a covered entity that is owned or controlled by more than one entity, identify how each entity relates to every other entity, including the extent to which each entity holds an ownership interest in or exercises control over another entity, and the relationship of each such entity with the beneficial owners who are natural persons; and in addition to each beneficial owner, identify each trust grantor, trustee, trust protector, and beneficiary owner of the covered entity that is a foreign person; (3) in the case of a trust or association, identify the chain of control that includes the owner, trustee, and beneficiary; and (4) disclose to the Administrator any beneficial owner of the covered entity that is a foreign person. (b) Timing.-- (1) In general.--The Administrator shall require a covered entity to provide the information described in subsections (a)(1) and (a)(2) when submitting an application for aircraft certification. (2) Updates.--The Administrator shall require a covered entity to update a submission of the information described in subsections (a)(1) and (a)(2) not later than 60 days after the date of any change in-- (A) the list of beneficial owners of the covered entity; or (B) the information required to be provided relating to each such beneficial owner. (c) Definitions.--In this section, the following definitions apply: (1) Beneficial owner.-- (A) In general.--Except as provided in subparagraph (B), the term ``beneficial owner'' means, with respect to a covered entity, each natural person who, directly or indirectly-- (i) exercises control over the covered entity through ownership interests, voting rights, agreements, or otherwise; or (ii) has an interest in or receives substantial economic benefits from the assets of the covered entity. (B) Exceptions.--The term ``beneficial owner'' does not include, with respect to a covered entity-- (i) a minor child; (ii) a person acting as a trustee, nominee, intermediary, custodian, or agent on behalf of another person; (iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person; (iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or (v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A). (C) Anti-abuse rule.--The exceptions under subparagraph (B) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this section. (2) Covered entity.--The term ``covered entity'' means a person, trust, association, copartnership, corporation, or other public or private entity. (3) Foreign person.--The term ``foreign person'' means an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States. (4) United states person.--The term ``United States person'' means a natural person who is a citizen of the United States or who owes permanent allegiance to the United States.

Aircraft Ownership Transparency Act of 2017 This bill requires the Federal Aviation Administration to obtain the identity of each beneficial owner of an entity seeking a certificate of registration for an aircraft. "Beneficial owner" is defined as a natural person who exercises control over or has an interest in the entity seeking the aircraft registration.

Aircraft Ownership Transparency Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Phone Solicitation Act of 2015'' or the ``TIPS Act of 2015''. SEC. 2. TECHNICAL AND PROCEDURAL STANDARDS. (a) In General.--Section 227(d) of the Communications Act of 1934 (47 U.S.C. 227(d)) is amended-- (1) in paragraph (1)(A), by inserting ``or to make any live telephone solicitation'' after ``automatic telephone dialing system'' the second place it appears; (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``or address'' and inserting ``and address''; and (ii) by striking ``; and'' and inserting ``and the address of a website that the called party may use to indicate that such party does not wish to receive telephone calls from such business, other entity, or individual;''; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) any such system will, to the extent possible, transmit caller identification information (as defined in subsection (e)(8)) that includes-- ``(i) the identity of the business, other entity, or individual initiating the call; and ``(ii) a telephone number that the called party may use to return the call directly to such business, other entity, or individual; and''; and (3) by adding at the end the following: ``(4) Live telephone solicitations.-- ``(A) In general.--The Commission shall prescribe technical and procedural standards for any business, other entity, or individual that makes a live telephone solicitation. Such standards shall require that-- ``(i) all such solicitations shall-- ``(I) at the beginning of the call, state clearly the identity of the business, other entity, or individual making the solicitation; and ``(II) during the call, state clearly the telephone number and address of such business, other entity, or individual and the address of a website that the called party may use to indicate that such party does not wish to receive telephone solicitations from such business, other entity, or individual; ``(ii) the business, other entity, or individual making the solicitation shall, to the extent possible, transmit caller identification information (as defined in subsection (e)(8)) that includes-- ``(I) the identity of such business, other entity, or individual; and ``(II) a telephone number that the called party may use to return the call directly to such business, other entity, or individual; and ``(iii) the business, other entity, or individual making the solicitation shall release the called party's line within 5 seconds of the time notification is transmitted to such business, other entity, or individual that the called party has hung up, to allow the called party's line to be used to make or receive other calls. ``(B) Live telephone solicitation defined.--In this paragraph, the term `live telephone solicitation' means a telephone solicitation-- ``(i) in which the business, other entity, or individual initiating the call does not employ an artificial or prerecorded voice; and ``(ii) with respect to which such business, other entity, or individual does not have a personal relationship (as defined in section 64.1200(f) of title 47, Code of Federal Regulations) with the called party.''. (b) Deadline for Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall promulgate such regulations and make such revisions to its regulations as may be necessary to implement the amendments made by subsection (a).

Transparency in Phone Solicitation Act of 2015 or the TIPS Act of 2015 Amends the Communications Act of 1934 to prohibit businesses, entities, or individuals from making live telephone solicitations unless the solicitor: (1) states the solicitor's identity, telephone number, and address; (2) states the address of a website that the called party may use to indicate that such party does not wish to receive calls from that solicitor; (3) transmits caller identification information, including a telephone number that the called party may use to return the call directly to such solicitor; and (4) releases the called party's line within five seconds after being notified that the called party has hung up to allow the called party to make or receive other calls. Revises standards applicable to telephone transmissions of artificial or prerecorded voice messages to add comparable procedures requiring any such messages to: (1) state the telephone number and address (currently, telephone number or address) of the calling entity, (2) state the address of a website that the called party may use to indicate that such party does not wish to receive calls from that entity, and (3) transmit caller identification information. Retains the current law requirement that artificial or prerecorded messages must release the line within five seconds after the called party has hung up.

TIPS Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Diversity Partnership Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the workplace in the United States is becoming the most diverse workplace in the world at a time of growing economic dissatisfaction and intense global competition; (2) people of color, caucasian women, and immigrants will account for 85 percent of the net growth in our Nation's labor force during the 1990s; (3) the expectations, characteristics, demands, beliefs, work values, motivating factors, and educational backgrounds of individuals in the workforce are becoming increasingly diverse; (4) employees, managers, administrators, and government officials are inadequately prepared to deal effectively with increased diversity in the workforce; (5) increased domestic and international competition requires that business, industry, and government leaders effectively motivate and manage this diverse workforce; (6) as more parents join the workforce, it has become increasingly difficult for employees to balance the demands of the workplace with the needs of families; and (7) by understanding and valuing diversity which respects differences, employers emphasize creativity, self initiative, leadership, innovation, and team-work, and thereby improve the working conditions of all individuals in the United States and the chances for economic success. (b) Purpose.--It is the purpose of this Act to establish a grant program within the Department of Labor to-- (1) study and address issues relating to workforce and cultural diversity and their impact on economic competitiveness, employment opportunities, advancement and retention; and (2) develop collaborative public and private sector education and training materials that address the issues of workforce and cultural diversity. SEC. 3. ESTABLISHMENT OF WORKFORCE DIVERSITY GRANT PROGRAM. (a) Authorization.--The Secretary of Labor (hereafter in this Act referred to as the ``Secretary'') is authorized to provide grants to eligible entities described in subsection (b) for the purposes of-- (1) targeting and developing issues relating to workforce and cultural diversity; (2) developing public and private sector education and training materials that focus on the issues of workforce and cultural diversity; (3) fostering research, scholarship, innovative curriculum development, development of teaching materials, and other practicable supportive academic activities relating to workforce and cultural diversity; (4) assisting in the dissemination and transfer of such materials for use in private sector training efforts; and (5) developing and establishing cooperative higher education-business training programs to assist public and private industry leaders and workers in addressing the issues of workforce and cultural diversity. (b) Eligible Entities.-- (1) In general.--An institution of higher education in partnership with 1 or more of the organizations described in paragraph (2) shall be eligible to receive a grant under subsection (a). (2) Organizations.--An organization described in this paragraph is-- (A) a corporation, business, or partnership, whether, for profit or nonprofit; (B) a labor organization; or (C) an organization that has a demonstrated interest or expertise in workforce diversity issues. (3) Institution of higher education defined.--For purposes of this subsection, the term ``institution of higher education'' has the meaning given such term by section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (c) Period of Grant.--The provision of payments under a grant under subsection (a) shall not exceed 3 fiscal years and shall be subject to the annual approval of the Secretary and subject to the availability of appropriations for the fiscal year involved to make the payments. SEC. 4. APPLICATION. (a) In General.--The Secretary may not provide a grant under section 3 to an eligible entity unless the entity submits to the Secretary an application in such form and containing such information as the Secretary may reasonably require. (b) Faculty Participation.--The Secretary shall encourage eligible entities desiring to receive a grant under section 3 to submit applications that are written by teams of faculty from multiple disciplines, student and academic affairs professionals, or student organizations concerned with multicultural education, or any combination thereof. SEC. 5. USE OF AMOUNTS. The Secretary may not provide a grant under section 3 to an eligible entity unless the entity agrees that it will use all amounts received from such grant to establish and carry out a program in accordance with 1 or more of the following guidelines: (1) The development of instructional material concerning efforts designed to address cultural and workforce diversity issues within the workplace setting. (2) The development of public and private sector education and training materials that will address the issues of workforce and cultural diversity. (3) The development of new approaches to workforce diversity issues and scholarship efforts to be integrated within the curriculum of business schools, ethnic and women's studies, engineering schools, social science disciplines, humanities and the arts and sciences. In using grant funds under this paragraph, a grantee may employ approaches to be carried out in conjunction with corporate education and training programs. (4) The conduct of research concerning multicultural workplace interactions and team management and business in multicultural and multi-lingual marketplace settings. (5) The implementation of faculty development programs that focus on research, appropriate learning environments, and pedagogical approaches to teaching multicultural management and work diversity issues. (6) The development and dissemination of information concerning models for summer precollege business internship programs that aid in integrating the workplace and in giving students a better understanding of the private sector and of workforce diversity issues. (7) The conduct of forums, workshops, and conferences in which representatives from academic, corporate, government, or other institutions with a demonstrated interest or expertise in workforce diversity will focus on issues, attitudes, and strategies that sensitize managers, employees, faculty, corporate, government, and other leaders and workers to workplace diversity issues. (8) Any other activities that the Secretary determines to be appropriate to meet the purposes of this Act. SEC. 6. SELECTION. (a) Criteria for Selection.--In determining whether to provide a grant under section 3, the Secretary shall take into account-- (1) the extent to which the eligible entity demonstrates the potential to achieve 1 or more of the guidelines described in section 5; (2) the level of participation and financial commitment of the eligible entity; (3) the likelihood that the program to be established under section 5 by the eligible entity will foster the creation of increased workforce and cultural diversity awareness programs in other institutional environments; (4) the likelihood that the program will result in the development and dissemination of national or regional best practices; (5) the extent to which the program will impact on the international competitiveness of the United States economy; and (6) such other criteria as the Secretary may prescribe. (b) Priority.--In providing grants under section 3, the Secretary shall give priority to those eligible entities that demonstrate the availability of sufficient amounts of non-Federal contributions or resources from non-governmental entities. SEC. 7. PEER REVIEW. The Secretary shall establish peer review panels to review the merits of applications submitted under section 4. In establishing such panels, the Secretary shall seek the widest participation of qualified individuals from eligible entities. Each peer review panel shall report the findings and recommendations of the panel to the Secretary with respect to applications submitted under section 4. SEC. 8. FEDERAL AND NON-FEDERAL SHARE. (a) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share under a grant provided under section 3 may not exceed 50 percent of the total cost of the program established and carried out under section 5 for any fiscal year. (2) Exception.--If the Secretary, after consultation with the peer review panel, determines that to do so will further the purposes of this Act, the Secretary may increase the amount of the Federal share with respect to the program. (b) Non-Federal Share.--The non-Federal share shall be provided from non-Federal sources and may be in cash or in-kind, fairly evaluated. SEC. 9. REPORTS. (a) Reports to the Secretary.--The Secretary may not provide a grant under section 3 to an eligible entity unless the entity agrees that it will prepare and submit an annual report to the Secretary which shall include-- (1) a summary of the progress of the activities established and carried out under the grant to achieve the purposes of this Act; (2) a summary of the expenditures involved in establishing and carrying out such activities; (3) a plan that describes the proposed use of funds for the subsequent fiscal year; (4) a description of the success or failure of the implementation of the program in accordance with 1 or more of the guidelines described in section 5, where appropriate; and (5) any other information that the Secretary determines to be appropriate. (b) Reports to the Congress.--The Secretary shall annually prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report that shall include an evaluation of the progress made in achieving the purposes of this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996 through 1999.

Workforce Diversity Partnership Act of 1994 - Establishes a workforce diversity grant program. Authorizes the Secretary of Labor to make such grants for various research, education, and training activities relating to workforce and cultural diversity. Makes eligible for such grants partnerships of an institution of higher education with one or more of the following organizations: (1) a for-profit or nonprofit corporation, business, or partnership; (2) a labor organization; or (3) an organization with demonstrated interest or expertise in workforce diversity issues. Sets forth requirements for applications, uses of funds, selection criteria, peer review panels, Federal and non-Federal shares, and reports. Authorizes appropriations.

Workforce Diversity Partnership Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Protection Act of 1997''. SEC. 2. PROVISION OF INTERNET INFORMATION SERVICES. Title II of the Communications Act of 1934 is amended by inserting after section 230 (47 U.S.C. 230) the following new section: ``SEC. 231. PROVISION OF INTERNET INFORMATION SERVICES. ``(a) Policies.--The policies of this section are as follows: ``(1) Private initiative.--In order to support rapid and efficient technological and commercial innovation, deployment, and adoption of Internet information services, it shall be the policy of the United States to rely on private initiative and to avoid, to the maximum extent possible, government restriction or supervision of such services. ``(2) Affirmation of commission public interest judgment.-- Except as set forth in this section-- ``(A) regulation of Internet information services, including services previously referred to in Commission actions as enhanced services, is not in the public interest; and ``(B) the Congress reserves the authority to determine when and if, after the date of enactment of this section, regulation of Internet information services is in the public interest. ``(3) Interstate and international implications.--It shall be the policy of the Federal Government in its relationships with both foreign governments and the States of the Union, to support and advance the policies of this section and the purposes of this Act. ``(b) Freedom From Regulation.-- ``(1) Limitations on commission authority.--Except as expressly provided in this section, nothing in this Act shall be construed to grant authority to the Commission with respect to-- ``(A) the rates, charges, practices, classifications, facilities, or services for or in connection with the provision of Internet information services to customers; ``(B) technical specifications or standards for the provision of Internet information services; or ``(C) any other regulation of the provision of Internet information services. ``(2) Parallel limitation and supersession of state authority.--Notwithstanding section 2(b) or any other provision of this Act-- ``(A) no State commission shall have any authority to take any action with respect to Internet information services that the Commission is prohibited by this section from taking with respect to such services; and ``(B) no State commission shall have any authority to take any action with respect to Internet information services that is inconsistent with, or that would substantially frustrate, an action taken by the Commission with respect to such services, including an action to withdraw, or refrain from, regulation of such services. ``(3) Exceptions to federal and state limitations.-- ``(A) Access to telecommunications services.-- Nothing in this subsection shall prohibit the Commission or a State commission from-- ``(i) prohibiting any incumbent local exchange carrier that is engaged in the provision of Internet information services from subsidizing its provision of such services from revenues obtained from the provision of telephone exchange service, telephone toll service, or telephone exchange access service; or ``(ii) prohibiting any incumbent local exchange carrier from preferring or discriminating in favor of its Internet information service operations in its provision of telecommunications service. ``(B) Telecommunications act implementation.-- Nothing in this subsection shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 (P.L. 104-104) or the amendments made by such Act. ``(C) National security, law enforcement, network reliability.--Nothing in this subsection shall prohibit the Commission from taking actions necessary to protect national security or network reliability, or assist law enforcement, as otherwise authorized by this Act or the Communications Assistance for Law Enforcement Act. ``(c) Deregulatory Leverage From Internet Information Services.-- ``(1) Deregulation based on adoption of internet information service substitutes.--With respect to any geographic market, a service provided by a nonaffiliated Internet information service provider is a substitute for a comparable regulated service for a substantial portion of the geographic market for such regulated service, the Commission shall forbear from applying any regulation or any provision of any title of this Act to the provision of such comparable regulated service within such market if the Commission determines that-- ``(A) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that service are just and reasonable and are not unjustly or unreasonably discriminatory; ``(B) enforcement of such regulation or provision is not necessary for the protection of consumers; ``(C) forbearance is necessary to promote parity among service providers; and ``(D) forbearance is consistent with the public interest. ``(2) Petition for forbearance.--Any person that provides any regulated service may submit a petition to the Commission requesting that the Commission exercise the authority granted under this subsection with respect to that person, or any regulated service offered by that person within a geographic market. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under paragraph (1) within one year after the Commission receives it. The Commission may grant or deny a petition in whole or in part. ``(3) State limitation.--A State commission may not continue to apply or enforce any provision of this Act that the Commission has determined to forbear from applying under paragraph (1). ``(4) Limitation.--The Commission may not forbear from applying the requirements of section 251(c) or 271 under paragraph (1) of this section until it determines that those requirements have been fully implemented. ``(d) Duty of Commission to Report Need for Additional Exceptions.-- ``(1) Ongoing information.--The Commission shall keep the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate fully and currently informed with respect to developments in the provision of Internet information services. ``(2) Need for legislative changes.--If, any time after the date of enactment of this section, the Commission determines that any such development requires that a limitation on the Commission under this section be removed, or that an exception to any such limitation be granted, the Commission shall promptly report such determination to the Congress, together with the Commission's recommendations for appropriate legislative changes. ``(e) Internet Information Services Definition.--As used in this section, the term `Internet information service' means any information service, and-- ``(1) includes-- ``(A) the Internet, and the provision of access to, and access software for, the Internet; and ``(B) interactive computer services, and the provision of access to, and access software for, interactive computer services; but ``(2) does not include, except for purposes of subsection (c), the provision of video programming (as such term is defined in section 602) directly to subscribers. ``(f) Additional Definitions.-- ``(1) Internet; interactive computer services.--The terms `Internet' and `interactive computer service' have the meanings provided in section 230(e). ``(2) Incumbent local exchange carrier.--The term `incumbent local exchange carrier' has the meaning provided in section 251(h). ``(3) Regulated service.--The term `regulated service' means any service that the Commission, pursuant to title II, III, or VI, has authority with respect to-- ``(A) the rates, charges, practices, classifications, facilities, or services for or in connection with the provision of such service; ``(B) technical specifications or standards for the provision of such service; or ``(C) any other regulation of the provision of such service to customers.''.

Internet Protection Act of 1997 - Amends the Communications Act of 1934 to declare that it shall be U.S. policy to rely on private initiative and to avoid government restriction or supervision of Internet services. Provides that nothing in the Act shall be construed to grant authority to the Federal Communications Commission (FCC) to regulate Internet services. Bars States from taking any action with respect to such services that the FCC is prohibited from taking or that is inconsistent with FCC actions. Requires the FCC, when service provided by a nonaffiliated Internet service provider is a substitute for a comparable regulated service for a substantial portion of the geographic market for such regulated service, to forbear from applying any regulation or provision of the Act to such comparable service if: (1) enforcement is not necessary to ensure that charges, practices, classifications, or regulations by, for, or in connection with such service are just and reasonable and not unreasonably discriminatory; (2) enforcement is not necessary for consumer protection; and (3) forbearance is necessary to promote parity among service providers and consistent with the public interest. Authorizes petitions to the FCC for forbearance. Requires the FCC to: (1) keep the House Committee on Commerce and the Senate Committee on Commerce, Science and Transportation currently informed on developments in the provision of Internet services; and (2) report any recommendations for legislative changes to the Congress if any development requires that a limitation on the FCC under this Act be removed.

Internet Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Pension Start-Up Credit Act of 1998''. SEC. 2. CREDIT FOR PENSION PLAN START-UP COSTS OF SMALL EMPLOYERS. (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. 45D. SMALL EMPLOYER PENSION PLAN START-UP COSTS. ``(a) General Rule.--For purposes of section 38, in the case of an eligible employer, the small employer pension plan start-up cost credit determined under this section for any taxable year is an amount equal to 50 percent of the qualified start-up costs paid or incurred by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount of the credit determined under this section for any taxable year shall not exceed-- ``(1) $1,000 for the first taxable year ending after the date the employer established the qualified employer plan to which such costs relate, ``(2) $500 for each of the second and third taxable years ending after such date, and ``(3) zero for each taxable year thereafter. ``(c) Eligible Employer.--For purposes of this section, ``(1) In general.--The term `eligible employer' has the meaning given such term by section 408(p)(2)(C)(i). ``(2) Employers maintaining qualified plans during 1997 not eligible.--Such term shall not include an employer if such employer (or any predecessor employer) maintained a qualified plan (as defined in section 408(p)(2)(D)(ii)) with respect to which contributions were made, or benefits were accrued, for service in 1997. If only individuals other than employees described in subparagraph (A) or (B) of section 410(b)(3) are eligible to participate in the qualified employer plan referred to in subsection (d)(1), then the preceding sentence shall be applied without regard to any qualified plan in which only employees so described are eligible to participate. ``(d) Other Definitions.--For purposes of this section-- ``(1) Qualified start-up costs.-- ``(A) In general.--The term `qualified start-up costs' means any ordinary and necessary expenses of an eligible employer which-- ``(i) are paid or incurred in connection with the establishment of a qualified employer plan in which at least 2 individuals are eligible to participate, and ``(ii) are of a nonrecurring nature. ``(B) Plan must be established before january 1, 2001.--Such term shall not include any expense in connection with a plan established after December 31, 2000. ``(2) Qualified employer plan.--The term `qualified employer plan' has the meaning given to such term by section 4972(d). ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (n) or (o) of section 414, shall be treated as one person. ``(2) Disallowance of deduction.--No deduction shall be allowable under this chapter for any qualified start-up costs for which a credit is determined under subsection (a). ``(3) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) in the case of an eligible employer (as defined in section 45D(c)), the small employer pension plan start-up cost credit determined under section 45D(a).''. (c) Conforming Amendments.-- (1) Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(8) No carryback of small employer pension plan start-up cost credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the small employer pension plan start-up cost credit determined under section 45D may be carried back to a taxable year ending on or before the date of the enactment of section 45D.''. (2) 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. 45D. Small employer pension plan start-up costs.''. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years ending after the date of the enactment of this Act.

Small Business Pension Start-Up Credit Act of 1998 - Amends the Internal Revenue Code to permit a three-year business credit of 50 percent of small employer pension plan start-up costs, with a limit of $1000 for the first year and $500 for each of the second and third years.

Small Business Pension Start-Up Credit Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Leadership in Education Act''. SEC. 2. PROHIBITIONS IN THE ELEMENTARY AND SECONDARY EDUCATION ACT. (a) General Prohibitions.--Section 9527 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7907) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) General Prohibitions.-- ``(1) In general.--An officer or employee of the Federal Government shall not directly or indirectly, through grants, contracts, or other cooperative agreements under this Act (including waivers under section 9401)-- ``(A) mandate, direct, or control a State, local educational agency, or school's academic standards, curriculum, program of instruction, or allocation of State or local resources; ``(B) mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act; ``(C) incentivize a State, local educational agency, or school to adopt any specific academic standards or a specific curriculum or program of instruction, which shall include providing any priority, preference, or special consideration during an application process based on any specific academic standards, curriculum, or program of instruction; ``(D) make financial support available in a manner that is conditioned upon a State, local educational agency, or school's adoption of specific instructional content, academic standards, or curriculum, or on the administration of assessments or tests, even if such requirements are specified in this Act; or ``(E) mandate or require States to administer assessments or tests to students. ``(2) Rule of construction.--Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government directly or indirectly, whether through grants, contracts, or other cooperative agreements under this Act (including waivers under section 9401), to do any activity prohibited under subsection (a).''; and (2) by adding at the end the following: ``(e) Prohibition on Assessments in Title I.--Part A of title I shall be carried out without regard to any requirement that a State carry out academic assessments or that local educational agencies, elementary schools, and secondary schools make adequate yearly progress.''. (b) Prohibition on Waiver Conditions, Requirements, or Preferences.--Section 9401 (20 U.S.C. 7861) is amended by adding at the end the following: ``(h) Prohibition on Waiver Conditions.-- ``(1) In general.--The Secretary shall not establish as a condition for granting a waiver under this section-- ``(A) the approval of academic standards by the Federal government; or ``(B) the administration of assessments or tests to students. ``(2) Effect on previously issued waivers.-- ``(A) In general.--Any requirement described in paragraph (1) that was required for a waiver provided to a State, local educational agency, Indian tribe, or school under this section before the date of enactment of the Local Leadership in Education Act shall be void and have no force of law. ``(B) Prohibited actions.--The Secretary shall not-- ``(i) enforce any requirement that is void pursuant to subparagraph (A); and ``(ii) require the State, local educational agency, Indian tribe, or school to reapply for a waiver, or to agree to any other condition to replace any requirement that is void pursuant to subparagraph (A), until the end of the period of time specified under the waiver. ``(C) No effect on other provisions.--Any other provisions or requirements of a waiver provided under this section before the date of enactment of the Local Leadership in Education Act that are not affected by subparagraph (A) shall remain in effect for the period of time specified under the waiver.''. SEC. 3. PROHIBITION IN THE GENERAL EDUCATION PROVISIONS ACT. Section 438 of the General Education Provisions Act (20 U.S.C. 1232a) is amended-- (1) by striking ``No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to'' and inserting ``A department, agency, officer, or employee of the United States shall not''; (2) by inserting ``(including the development of curriculum)'' after ``over the curriculum''; and (3) by striking ``to'' after ``institution or school system, or''. SEC. 4. PROHIBITION IN RACE TO THE TOP FUNDING. Title XIV of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by inserting after section 14007 the following: ``SEC. 14007A. PROHIBITION ON ASSESSMENTS. ``Notwithstanding any other provision of law, no funds provided under section 14006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 283) shall be used to develop, pilot test, field test, implement, administer, or distribute any assessment or testing materials.''.

Local Leadership in Education Act Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit a federal officer or employee, either directly or indirectly through grants, contracts, or other cooperative agreements under ESEA, from: mandating, directing, or controlling a state's, local educational agency's (LEA's), or school's academic standards, curriculum, program of instruction, or allocation of state or local resources; mandating a state or subdivision to spend any funds or incur any costs not paid for under ESEA; incentivizing a state's, LEA's, or school's adoption of any specific academic standards or a specific curriculum or program of instruction; conditioning the availability of financial support on such an entity's adoption of specific instructional content, academic standards, or curricula, or on the administration of assessments or tests, even if such requirements are specified in ESEA; or mandating or requiring states to administer assessments or tests to students. Requires the school improvement program under part A of title I of ESEA to be carried out without regard to any requirement that a state carry out academic assessments or that LEAs and elementary and secondary schools make adequate yearly progress. Prohibits the Secretary of Education from conditioning the provision of a statutory or regulatory waiver under ESEA on a state, LEA, Indian tribe, or school: (1) getting their academic standards approved by the federal government, or (2) administering assessments or tests to students. Makes that prohibition applicable to future and previously issued waivers. Amends the General Education Provisions Act to prohibit a department, agency, officer, or federal employee from: (1) exercising any direction, supervision, or control over the curriculum (including its development), program of instruction, administration, or personnel of any educational institution, school, or school system or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system; or (2) requiring the assignment or transportation of students or teachers in order to overcome racial imbalance. Amends the American Recovery and Reinvestment Act of 2009 to prohibit the use of Race to the Top funds to develop, pilot test, field test, implement, administer, or distribute any assessment or testing materials.

Local Leadership in Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institutions Due Process Act of 2017''. SEC. 2. TIMELINESS OF EXAMINATION REPORTS. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at the end the following: ``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS. ``(a) In General.-- ``(1) Final examination report.--A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of-- ``(A) the exit interview for an examination of the institution; or ``(B) the provision of additional information by the institution relating to the examination. ``(2) Exit interview.--With respect to an examination of a financial institution by a Federal financial institutions regulatory agency, if the financial institution is not subject to a resident examiner program, the exit interview for such examination shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the financial institution describing with particularity the reasons that a longer period is needed. ``(b) Examination Materials.--Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with a final examination report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination.''. SEC. 3. INDEPENDENT EXAMINATION REVIEW PANEL. (a) In General.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 1013. INDEPENDENT EXAMINATION REVIEW PANEL. ``(a) In General.-- ``(1) Establishment.--There is established in the executive branch the Independent Examination Review Panel (in this section referred to as the `Panel'). ``(2) Judges.--The Panel shall consist of three judges, appointed as follows: ``(A) One judge appointed by the Council with extensive financial institutions regulatory agency experience. ``(B) One judge appointed by the Securities and Exchange Commission with legal and public accounting experience. ``(C) One judge appointed by the Council, selected from candidates with private sector senior management- level experience with legal or public accounting background and recommended to the Council by a financial institution or a financial institution trade association. ``(3) Terms.-- ``(A) In general.--Each judge appointed to the Panel shall serve for a term of 3 years, except as provided in subparagraph (B). No judge may be appointed to serve more than 2 terms. ``(B) Terms of initial appointees.--Of the judges first appointed to the Panel-- ``(i) the judge appointed pursuant to paragraph (2)(A) shall be appointed for a term of 1 year; ``(ii) the judge appointed pursuant to paragraph (2)(B) shall be appointed for a term of 2 years; and ``(iii) the judge appointed pursuant to paragraph (2)(C) shall be appointed for a term of 3 years. ``(4) Requirements for appointment.--An individual appointed under subparagraph (B) or (C) of paragraph (2) shall-- ``(A) be a licensed attorney and a certified public accountant authorized to practice under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States; and ``(B) have relevant subject matter education and work-related experience, including working knowledge of generally accepted accounting principles, as determined by the entity making the appointment. ``(b) Jurisdiction.--The Panel shall have exclusive jurisdiction of an appeal of a final material supervisory determination of a Federal financial institutions regulatory agency. The Panel shall determine the merits of the appeal, after an opportunity for a hearing on the record. ``(c) Standard of Review.--In an appeal heard by the Panel under this section, the Panel may not defer to the opinions of an examiner or a Federal financial institutions regulatory agency, but shall independently determine the appropriateness of the Federal financial institutions regulatory agency's decision based upon the relevant statutes, regulations, judicial precedents, and previous decisions of the Panel. ``(d) Notice.-- ``(1) In general.--A financial institution seeking an appeal under this section shall file a written notice with the Panel within 30 days after receiving the final material supervisory determination from the agency, or within 270 days after receiving the final examination report, whichever occurs first. ``(2) Contents of notice.--The written notice shall identify the final material supervisory determination that is the subject of the appeal and a statement of the reasons why the financial institution believes such determination should be modified. ``(e) Information To Be Provided to Institution Prior to Hearing Before the Panel.--Any information relied upon by a Federal financial institutions regulatory agency in a final examination report that is not in the possession of a financial institution requesting an appeal under this section may be requested by the financial institution and, if requested, shall be delivered promptly by the agency to the financial institution. ``(f) Hearing.--If a financial institution requests a hearing before the Panel in connection with an appeal by the financial institution under this section, the hearing shall-- ``(1) take place not later than 60 days after the date on which the notice of the appeal was received by the Panel; and ``(2) be conducted pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code. ``(g) Decision.--A decision by the Panel on an appeal under this section shall be made not later than-- ``(1) 60 days after the date on which the notice of appeal is filed with the Panel; or ``(2) 30 days after the date on which a hearing under subsection (f) has concluded, if a hearing is requested by the financial institution. ``(h) Right to Judicial Review.--A financial institution and the Federal financial institution regulatory agency that made the material supervisory determination appealed under this section shall have the right to petition for review of the decision of the Panel under this section by filing a petition for review not later than 60 days after the date on which the decision was made in the United States Court of Appeals for the District of Columbia Circuit or the circuit in which the financial institution is located. ``(i) Reports and Publication.-- ``(1) Reports.--The Panel shall, within 90 days of the end of each calendar year, report final decisions made under subsection (g) during such calendar year to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. Such reports may not contain confidential or privileged information shared by financial institutions. ``(2) Publication.--Any report submitted under paragraph (1) shall be made available on the Council's website in such a manner that such reports may serve as precedent for future disputes. ``(j) Expenses.-- ``(1) In general.--The reasonable costs and expenses incurred by the Panel shall be paid by the Council. ``(2) Salaries.--Compensation for the judges appointed to the Panel under this section shall be determined by the Council and based upon the fair market value of the level of service and time provided considering the training, knowledge, and experience needed to properly and professionally carry out the duties required. ``(k) Retaliation Prohibited.--A Federal financial institutions regulatory agency may not-- ``(1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or ``(2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section.''. (b) Definition.--Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302) is amended-- (1) in paragraph (2), by striking ``and''; (2) in paragraph (3), by adding ``and'' at the end; and (3) by adding at the end the following new paragraph: ``(4) the term `material supervisory determinations' has the meaning given such term in section 309(f) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806(f)).''. SEC. 4. TIMELINESS OF REQUIRED PERMISSION, REGULATORY, AND REPORTING GUIDANCE. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 3, is further amended by adding at the end the following new section: ``SEC. 1014. TIMELINESS OF REQUIRED PERMISSION, REGULATORY, AND REPORTING GUIDANCE. ``(a) Request for Permission or Guidance.--A financial institution may request a written determination by a Federal financial institutions regulatory agency of-- ``(1) the agency's permission to take an action where permission is mandated by regulation; ``(2) the agency's interpretation of a law or regulation; and ``(3) the agency's interpretation of generally accepted accounting principals or accounting objectives, standards, and requirements under section 37 of the Federal Deposit Insurance Act. ``(b) Contents of Request.--A request made under subsection (a) shall be in writing and contain all the information needed to communicate to the Federal financial institutions regulatory agency the following: ``(1) The nature of the request. ``(2) Applicable facts relating to the matter. ``(3) Applicable law, regulation, or generally accepted accounting principals relating to the matter. ``(4) Discussion relative to the nature of the request summarizing the financial institution's position or summary of the request. ``(c) Response to Request.--A Federal financial institutions regulatory agency receiving a request under subsection (a) shall-- ``(1) within 60 days of receiving the request-- ``(A) provide the financial institution making the request with written notification that the agency received the request and stating whether the request contains the information required under subsection (b); and ``(B) if the request does not contain the information required under subsection (b), provide the financial institution with an explanation of what information is missing; and ``(2) within 120 days of receiving the request, if the request contains the information required under subsection (b), make a determination on the request and provide the financial institution with a written notice of such determination. ``(d) Appeal.--For purposes of section 1013(b), the following actions are deemed a final agency material supervisory determination: ``(1) Any determination made under subsection (c)(2). ``(2) Any failure by a Federal financial institutions regulatory agency to comply with a deadline require by this section. ``(3) Any determination by a Federal financial institutions regulatory agency under subsection (c)(1)(B) that a request does not contain the information required under subsection (b). ``(e) Reports and Publication.--Each Federal financial institutions regulatory agency shall, within 120 days after making a determination under subsection (c)(2), publish a summary of the determination, in order to offer guidance to the applicable industry. The summary may not contain confidential or privileged information about the financial institution, financial institution clients, or agency personnel.''.

Financial Institutions Due Process Act of 2017 This bill amends the Federal Financial Institutions Examination Council Act of 1978 to establish an Independent Examination Review Panel. The panel shall have exclusive jurisdiction of an appeal of a final material supervisory determination of a federal financial institutions regulatory agency. A financial institution may request from a federal financial institutions regulatory agency a written determination of the agency's: (1) permission to take an action, and (2) interpretation of a law or regulation. An agency must respond to such a request within a specified timeframe. The bill also establishes timeframes within which a federal financial institutions regulatory agency must: (1) conduct an exit interview with respect to the examination of a financial institution, and (2) provide a final examination report.

Financial Institutions Due Process Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``BPA-Free Kids Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Bisphenol a.--The term ``bisphenol A'' means the chemical compound phenol, 4,4-(1-methylethylidine)bis, propane (CAS No. 80-05-7). (2) Children's food or beverage container.-- (A) In general.--The term ``children's food or beverage container'' means any bottle (including a baby bottle), cup, bowl, plate, straw, utensil, or other container, except a metal can, that is designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children 3 years of age or younger and is sold or distributed at retail without containing any liquid, food, or beverage. (B) Determination of intention for use by children.--In determining under subparagraph (A) whether a product is designed or intended for use by children 3 years of age or younger, the following factors shall be considered: (i) A statement by a manufacturer about the intended use of the product, including a label on the product, if such statement is reasonable. (ii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for children 3 years of age or younger. (iii) Whether the product is commonly recognized by consumers as being intended for use by children 3 years of age or younger. (iv) The Age Determination Guidelines issued by the Commission in September 2002 and any successor to such guidelines. (3) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (4) Metal can.--The term ``metal can'' means a single- walled container that is manufactured from metal substrate designed to hold or pack food or beverages and sealed by can ends manufactured from metal substrate. (5) Plastic resin.--The term ``plastic resin'' means a polymer, usually in the form of pellets or beads, that is not yet molded, extruded, or cast into its final shape. (6) Sold or distributed at retail.--The term ``sold or distributed at retail'' means sold or distributed to a consumer, but does not include selling activity that is intermittent. (7) Supplier.--The term ``supplier'' means any person who supplies plastic resin to a manufacturer of children's food or beverage containers and may include a manufacturer of plastic resins. SEC. 3. BAN ON CERTAIN PRODUCTS MADE WITH BISPHENOL A. (a) Treatment as Banned Hazardous Substance.--Any children's food or beverage container that is composed in whole or in part of bisphenol A shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.). (b) Treatment as a Regulation Under the Federal Hazardous Substances Act.--The ban imposed under subsection (a) and the requirements prescribed under section 4(a)(1) shall be treated as regulations of the Commission promulgated under or for the enforcement of section 2(q) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)), notwithstanding the exception for foods subject to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) set forth in section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)). (c) Clarification of Agency Jurisdiction.--The Consumer Product Safety Commission shall have jurisdiction over and authority to enforce the provisions of this Act notwithstanding-- (1) the exclusion of food from the definition of ``consumer product'' in section 3(a)(5)(I) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(I)); (2) section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)); (3) sections 201(s) and 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(s) and 348) (regarding the Food and Drug Administration's authority to regulate food contact surfaces as a food additive); (4) sections 402 and 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342 and 343) (prohibiting the introduction into interstate commerce of articles of food that are adulterated or misbranded); and (5) the Memorandum of Understanding between the U.S. Consumer Product Safety Commission and the U.S. Food and Drug Administration (MOU number 225-76-2003, signed July 1976), or any successor Memorandum (delineating the areas of jurisdiction for administration of the Consumer Product Safety Act and the Federal Food, Drug, and Cosmetic Act with respect to food, food containers, and food-related articles and equipment). SEC. 4. CERTIFICATION AND TESTING REQUIREMENTS. (a) Testing Requirements for Plastic Resins.-- (1) In general.--Not later than 150 days after the date of the enactment of this Act, the Commission shall prescribe requirements for the testing of plastic resins by suppliers of plastic resin and by manufacturers of children's food or beverage containers to ensure that the plastic resins that are to be sold, distributed for use, or used in the manufacture of children's food or beverage containers do not contain bisphenol A. (2) Requirements.--The testing requirements prescribed under paragraph (1) shall include the following: (A) A schedule for periodic and random testing of plastic resins, including consideration of whether it is reasonable to phase out testing requirements after a period of years. (B) Methodologies for-- (i) testing plastic resins; and (ii) determining appropriate sample sizes for testing plastic resins. (C) Standards for record keeping and submittal of test data and results to the Commission. (D) Requirements for public access to test data and test results. (E) Such other requirements as the Commission considers appropriate for testing plastic resins. (b) Certification Requirements for Suppliers of Certain Plastic Resins.--Not later than 30 days after the date the Commission prescribes the testing requirements under subsection (a)(1), if a supplier of plastic resins provides plastic resin to a manufacturer that the supplier has reason to believe will use such plastic resin in the manufacture of children's food or beverage containers, the supplier shall provide the manufacturer a certification that-- (1) the plastic resin has been tested in accordance with the requirements prescribed under subsection (a)(1); and (2) the plastic resin does not contain bisphenol A. (c) Testing Requirements for Manufacturers of Children's Food or Beverage Containers.--Not later than 30 days after the date the Commission prescribes requirements under subsection (a)(1), each manufacturer of children's food or beverage containers shall implement a testing program that meets the requirements prescribed under subsection (a)(1) to ensure that the plastic resins used by such manufacturer do not contain bisphenol A. (d) Exclusion From Product Certification and Labeling Requirements of Consumer Product Safety Act.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) shall not apply with respect to the presence of bisphenol A in children's food or beverage containers. SEC. 5. LABELING AND ADVERTISING REQUIREMENTS. (a) Labeling.--Not later than 180 days after the date of the enactment of this Act, each children's food or beverage container shall bear or contain the compliance statement described in subsection (b), on or attached to its packaging or the container itself, when sold or distributed at retail, if-- (1) such children's food or beverage container is composed in whole or in part of plastic resin; (2) such plastic resin was certified under subsection (b) of section 4; (3) such plastic resin was tested under subsection (c) of such section; and (4) such children's food or beverage container is not composed in whole or in part of bisphenol A. (b) Compliance Statement.--The compliance statement described in this subsection is the following: ``BPA-Free Product''. (c) Advertising.--Not later than the date that is 180 days after the date of the enactment of this Act, any advertisement by a retailer, manufacturer, importer, distributor, or private labeler (including advertisements on Internet websites or in catalogues or other printed materials) that provides a direct means for the purchase or order of a children's food or beverage container that bears or contains, pursuant to subsection (a), the compliance statement described in subsection (b) shall-- (1) display the compliance statement described in subsection (b); or (2) be accompanied by such compliance statement immediately adjacent to the advertisement. SEC. 6. ENFORCEMENT. (a) Audits of Suppliers and Manufacturers.--The Commission shall carry out random audits of the test data submitted to the Commission by suppliers of plastic resins used in the manufacture of children's food or beverage containers and by manufacturers of children's food or beverage containers to ensure that such suppliers and manufacturers are complying with the requirements of subsections (b) and (c) of section 4, respectively. (b) Commission Testing of Children's Food and Beverage Containers.--The Commission shall carry out a program of random testing of children's food and beverage containers to ensure that children's food and beverage containers that are treated as banned hazardous substances under section 3(a) are not introduced into commerce. (c) Regulations.--Not later than 150 days after the date of the enactment of this Act, the Commission shall prescribe regulations to carry out the provisions of subsections (a) and (b). (d) Penalties.--Any failure of a person subject to a requirement of section 3, 4, or 5 to comply with such requirement shall be treated as a violation of section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) and subject to the penalties set forth in section 5 of such Act (15 U.S.C. 1264). (e) Reports.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Commission shall submit to Congress a report on the actions taken by the Commission to enforce the provisions of this Act, including summaries of the following: (1) The audits carried out under subsection (a). (2) The results of the testing program carried out under subsection (b). (3) The criminal and civil penalties imposed under subsection (d). SEC. 7. EFFECT ON FEDERAL AND STATE LAW. (a) In General.--Nothing in this Act or section 18(b)(1)(B) of the Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall affect the authority of any State or political subdivision of a State to establish or continue in effect a provision of the law of a State or political subdivision of a State relating to regulation of products containing bisphenol A, except to the extent that compliance with both State and Federal law is impossible. Nothing in this section shall be construed to modify or affect any enforcement action or liability of any person under the law of any State. (b) Preservation of Certain State Law.--Nothing in this Act shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003. SEC. 8. RESEARCH ON HEALTH EFFECTS OF EXPOSURE TO BISPHENOL A. (a) Research Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall, acting through the Director of the National Institute of Environmental Health Sciences, submit to Congress a plan for a five- year research initiative to increase understanding on the health effects of exposure to bisphenol A in all age groups and in pregnant women. (b) Research Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall, acting through the Director of the National Institute of Environmental Health Sciences, commence the research initiative set forth in the plan required by subsection (a). (c) Manner of Research.--The research initiative required by subsection (b) may be conducted through intramural research, contracts, grants, and cooperative agreements. (d) Reports to Congress.-- (1) Interim report.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall, acting through the Director of the National Institute of Environmental Health Sciences, submit to Congress an interim report on the current status of the research carried out under subsection (b), including a description of the results of such research. (2) Final report.--Not later than 6 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall, acting through the Director of the National Institute of Environmental Health Sciences, submit to Congress a final report on the results of this initiative and the current state of science with respect to bisphenol A. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this section $5,000,000 for each of fiscal years 2010 through 2014. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act and apply with respect to children's food or beverage containers manufactured on or after the date that is 180 days after such date of enactment.

BPA-Free Kids Act of 2009 - Defines "children's food or beverage container" as any container, except a metal can, that is: (1) designed or intended to be filled with any liquid, food, or beverage primarily for consumption from that container by children three years old or younger; and (2) sold or distributed at retail without containing any liquid, food, or beverage. Requires that any children's food or beverage container that is composed in whole or in part of bisphenol A (BPA) be treated as a banned hazardous substance under the Federal Hazardous Substances Act. Grants the Consumer Product Safety Commission (CPSC) jurisdiction over, and authority to enforce, the provisions of this Act, notwithstanding: (1) specified provisions of various Acts; and (2) a specified memorandum of understanding between the CPSC and the Food and Drug Administration (FDA). Requires suppliers and manufacturers to test for BPA plastic resins used in the manufacture and distribution of children's food and beverage containers to ensure that the plastic resins in children's food and beverage containers do not contain BPA. Requires suppliers to certify to manufacturers that plastic resins do not contain BPA. Imposes labeling and advertising requirements. Allows nonconflicting state and subdivision laws. Requires research to increase understanding of the health effects of BPA exposure in all age groups and in pregnant women.

To prohibit the manufacture, sale, or distribution in commerce of children's food and beverage containers composed of bisphenol A, and for other purposes.

SECTION 1. REFORM OF BIODIESEL INCOME TAX INCENTIVES. (a) In General.--Section 40A of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 40A. BIODIESEL PRODUCTION. ``(a) In General.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer and which during the taxable year-- ``(1) is sold by such producer to another person-- ``(A) for use by such other person's trade or business (other than casual off-farm production), ``(B) for use by such other person as a fuel in a trade or business, or ``(C) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or ``(2) is used or sold by such producer for any purpose described in paragraph (1). ``(b) Increased Credit for Small Producers.-- ``(1) In general.--In the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents. ``(2) Limitation.--Paragraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year. ``(c) Coordination With Credit Against Excise Tax.--The amount of the credit determined under this section with respect to any biodiesel shall be properly reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 6426 or 6427(e). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Biodiesel.--The term `biodiesel' means liquid fuel derived from biomass which meets-- ``(A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545), and ``(B) the requirements of the American Society of Testing and Materials D6751. Such term shall not include any liquid with respect to which a credit may be determined under section 40. ``(2) Biodiesel not used as fuel.--If-- ``(A) any credit was determined with respect to any biodiesel under this section, and ``(B) any person does not use such fuel for the purpose described in subsection (a), then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (a) and the number of gallons of such biodiesel. ``(3) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(4) Limitation to biodiesel produced in the united states.--No credit shall be determined under this section with respect to any biodiesel unless such biodiesel is produced in the United States from raw feedstock. For purposes of this paragraph, the term `United States' includes any possession of the United States. ``(5) Limitation to biodiesel with connection to the united states.--No credit shall be determined under this section with respect to any biodiesel which is produced outside the United States for use as a fuel outside the United States. For purposes of this paragraph, the term `United States' includes any possession of the United States. ``(6) Biodiesel transfers from an irs registered biodiesel production facility to an irs registered terminal or refinery.--Credit allowed under subsection (a) shall be allowed to the terminal or refinery referred to in section 4081(a)(1)(B)(i) in instances where section 4081(a)(1)(B)(iii) is applicable. Credit allowed under subsection (a) cannot be claimed by a terminal or refinery on fuel upon which the credit was previously claimed by a biodiesel producer. ``(e) Definitions and Special Rules for Small Biodiesel Producers.-- ``(1) Eligible small biodiesel producer.--The term `eligible small biodiesel producer' means a person who, at all times during the taxable year, has a productive capacity for biodiesel not in excess of 60,000,000 gallons. ``(2) Aggregation rule.--For purposes of the 15,000,000 gallon limitation under subsection (b)(2) and the 60,000,000 gallon limitation under paragraph (1), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(3) Partnership, s corporation, and other pass-thru entities.--In the case of a partnership, trust, S corporation, or other pass-thru entity, the limitations contained in subsection (b)(2) and paragraph (1) shall be applied at the entity level and at the partner or similar level. ``(4) Allocation.--For purposes of this subsection, in the case of a facility in which more than 1 person has an interest, productive capacity shall be allocated among such persons in such manner as the Secretary may prescribe. ``(5) Regulations.--The Secretary may prescribe such regulations as may be necessary-- ``(A) to prevent the credit provided for in subsection (b) from directly or indirectly benefitting any person with a direct or indirect productive capacity of more than 60,000,000 gallons of biodiesel during the taxable year, or ``(B) to prevent any person from directly or indirectly benefitting with respect to more than 15,000,000 gallons during the taxable year. ``(6) Allocation of small biodiesel credit to patrons of cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--In the case of a cooperative organization described in section 1381(a), any portion of the increase determined under subsection (b) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). ``(B) Treatment of organizations and patrons.-- ``(i) Organizations.--The amount of the credit not apportioned to patrons pursuant to subparagraph (A) shall be included in the amount determined under subsection (b) for the taxable year of the organization. ``(ii) Patrons.--The amount of the credit apportioned to patrons pursuant to subparagraph (A) shall be included in the amount determined under such subsection for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. ``(iii) Special rules for decrease in credits for taxable year.--If the amount of the credit of the organization determined under such subsection for a taxable year is less than the amount of such credit shown on the return of the organization for such year, an amount equal to the excess of-- ``(I) such reduction, over ``(II) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(f) Renewable Diesel.--For purposes of this title-- ``(1) Treatment in the same manner as biodiesel.--Except as provided in paragraph (2), renewable diesel shall be treated in the same manner as biodiesel. ``(2) Exception.--Subsection (b) shall not apply with respect to renewable diesel. ``(3) Renewable diesel defined.--The term `renewable diesel' means liquid fuel derived from biomass which meets-- ``(A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545), and ``(B) the requirements of the American Society of Testing and Materials D975 or D396, or other equivalent standard approved by the Secretary. Such term shall not include any liquid with respect to which a credit may be determined under section 40. Such term does not include any fuel derived from coprocessing biomass with a feedstock which is not biomass. For purposes of this paragraph, the term `biomass' has the meaning given such term by section 45K(c)(3). ``(4) Certain aviation fuel.--Except as provided in the last 3 sentences of paragraph (3), the term `renewable diesel' shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military jet fuel or an American Society of Testing and Materials specification for aviation turbine fuel. ``(g) Termination.--This section shall not apply to any sale or use after December 31, 2014.''. (b) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 40A and inserting the following new item: ``Sec. 40A. Biodiesel production.''. (c) Effective Date.--The amendments made by this section shall apply to biodiesel sold or used after December 31, 2009. SEC. 2. REFORM OF BIODIESEL EXCISE TAX INCENTIVES. (a) In General.--Subsection (c) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Biodiesel Credit.-- ``(1) In general.--For purposes of this section, the biodiesel credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which-- ``(A) is sold by such producer to another person-- ``(i) for use by such other person's trade or business (other than casual off-farm production), ``(ii) for use by such other person as a fuel in a trade or business, or ``(iii) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or ``(B) is used or sold by such producer for any purpose described in subparagraph (A). ``(2) Definitions.--Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. ``(3) Biodiesel transfers from an irs registered biodiesel production facility to an irs registered terminal.--Credit allowed under this subsection can be claimed by a registered terminal or refinery in instances where section 4081(a)(1)(B) is applicable. Credit allowed under this subsection cannot be claimed by a terminal or refinery on fuel upon which the credit was previously claimed by a biodiesel producer. ``(4) Termination.--This subsection shall not apply to any sale, use, or removal for any period after December 31, 2014.''. (b) Payment of Credit.--Subsection (e) of section 6427 of such Code is amended-- (1) by striking ``or the biodiesel mixture credit'' in paragraph (1), (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) Biodiesel credit.--If any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel credit with respect to such biodiesel.'', (3) by striking ``paragraph (1) or (2)'' each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting ``paragraph (1), (2), or (3)'', (4) by striking ``alternative fuel'' each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting ``fuel'', and (5) by striking ``biodiesel mixture (as defined in section 6426(c)(3))'' in paragraph (7)(B), as so redesignated, and inserting ``biodiesel (within the meaning of section 40A)''. (c) Exemption for Transfers Between Registered Facilities.-- Subparagraph (B) of section 4081(a)(1) of such Code is amended by adding at the end the following new clause: ``(iii) The tax imposed by this paragraph shall not apply to biodiesel that is removed from a registered IRS biodiesel plant and is transferred to a IRS registered terminal or refinery.''. (d) Producer Registration Requirement.--Subsection (a) of section 6426 of such Code is amended by striking ``subsections (d) and (e)'' in the flush sentence at the end and inserting ``subsections (c), (d), and (e)''. (e) Recapture.--Subsection (f) of section 6426 of such Code is amended to read as follows: ``(f) Recapture.-- ``(1) Alcohol fuel mixtures.--If-- ``(A) any credit was determined under this section with respect to alcohol used in the production of any alcohol fuel mixture, and ``(B) any person-- ``(i) separates the alcohol from the mixture, or ``(ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such alcohol. ``(2) Biodiesel.--If any credit was determined under this section with respect to the production of any biodiesel and any person does not use such biodiesel for a purpose described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1 for each gallon of such biodiesel. ``(3) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) or (2) as if such tax were imposed by section 4081 and not by this section.''. (f) Clerical Amendment.--The heading of section 6426 of such Code (and the item relating to such section in the table of sections for subchapter B of chapter 65 of such Code) is amended by striking ``alcohol fuel, biodiesel, and alternative fuel mixtures'' and inserting ``alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures''. (g) Effective Date.--The amendments made by this section shall apply to biodiesel sold or used after December 31, 2009. SEC. 3. BIODIESEL TREATED AS TAXABLE FUEL. (a) Biodiesel Treated as Taxable Fuel.--Clause (i) of section 4083(a)(3)(A) of such Code is amended by inserting ``, including biodiesel (as defined in section 6426(c)(3)),'' after ``(other than gasoline)''. (b) Effective Date.--The amendment made by this section shall apply to biodiesel removed, entered, or sold after the date which is 6 months after the date of the enactment of this Act.

Amends the Internal Revenue Code to revise the income and excise tax credits for biodiesel used as fuel to: (1) allow a $1.00 tax credit for each gallon of biodiesel produced; (2) provide for an increased income tax credit for small biodiesel producers; (3) revise the definitions of "biodiesel" and "small biodiesel producer"; (4) treat renewable diesel in the same manner as biodiesel for income tax purposes; and (5) treat biodiesel as a taxable fuel for excise tax purposes. Extends the biodiesel income and excise tax credits through December 31, 2014.

To amend the Internal Revenue Code of 1986 to modify the incentives for the production of biodiesel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National High Performance Passenger Rail Transportation-Oriented Development Act of 2013''. SEC. 2. TRANSPORTATION-ORIENTED DEVELOPMENT INITIATIVE. (a) Establishment.--The Secretary of Transportation (in this Act referred to as the ``Secretary'') shall establish an initiative to promote intercity and urban passenger rail operations and transportation-oriented development by creating incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development. (b) Implementation.--Not later than 180 days after the date of enactment of this Act, the Secretary shall obtain the services of qualified independent private sector entity with experience in transportation-oriented development to serve as a liaison between the Federal Government, State and local authorities, private sector participants, and appropriate other stakeholders in the initiative. Such entity shall-- (1) serve as a development planning advisor, by advancing and recommending methodologies to use in the overall implementation of the initiative; (2) provide recommendations as requested by the Secretary, which shall include recommendations on-- (A) liaison between the Federal Government, and State, local, or regional applicants for incentives under the initiative; (B) mechanisms for coordination among all stakeholders, including State, local, and regional authorities; (C) types of projects that should receive incentives under the initiative; and (D) mechanisms for providing technical assistance and types of technical assistance that should be provided; and (3) conduct a preliminary transportation-oriented development survey on the Northeast Corridor or other local station areas or regional corridors. (c) Coordination.--The Secretary shall harmonize planning requirements and direct coordination and administration of the initiative between the Federal Railroad Administration and the Federal Transit Administration. SEC. 3. FEDERAL INCENTIVES. (a) Qualified Projects.-- (1) Criteria.--The Secretary shall establish criteria for the designation of projects qualified for Federal incentives pursuant to this section and the amendments made by this section. (2) Types of projects that may qualify.--Projects that may qualify for Federal incentives pursuant to this section and the amendments made by this section are commercial development or other projects that-- (A) contribute to the generation of revenue by the capture of increasing value from development around station areas, through the establishment of special assessment districts, increasing the tax base, promoting job growth, promoting cost effectiveness, facilitating intermodal connectivity, combining congestion relief with station development, stimulating economic development, or any other appropriate means; (B) are likely to make long-term contributions to rail corridor development funds or similar mechanisms that help finance intercity and urban passenger rail infrastructure or operating expenses; and (C) provide for a quantifiable revenue stream to the relevant station or rail operation. (3) Applicant coordinating authority.--An applicant for Federal incentives pursuant to this section and the amendments made by this section shall be a State, local, or regional authority. Such authority shall provide for coordination among stakeholders, local governments, and private developers in the defined region, and shall be the lead party in the application. (4) Projects authorized.--Except as provided in subsection (b), projects are not authorized to receive Federal incentives pursuant to this section and the amendments made by this section until the date that is 1 year after the report required under subsection (c) is transmitted to Congress. (b) Pilot Projects.--The Secretary may designate up to 4 pilot projects as qualified for Federal incentives pursuant to this section and the amendments made by this section before the date specified in subsection (a)(4). (c) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with each State, local, or regional authority coordinating a pilot project under subsection (b), shall transmit to Congress a report assessing the success or failure of each such pilot project and making any appropriate recommendations for modifications to the initiative under this Act. (d) Railroad Rehabilitation Improvement Financing.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) persons conducting a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013).''; and (2) in subsection (b)(1)-- (A) by striking ``or'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(D) conduct a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013).''. (e) Transportation Infrastructure Finance.--Section 601(a)(12) of title 23, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013).''. (f) Application Priority.--In general, Federal applications to the Federal Railroad Administration and Federal Transit Administration for railroad projects that participate in the transportation-oriented development initiative under this Act shall receive a priority for funding in the application decision process. (g) Revenue Neutral Program Cost.--The Secretary shall establish and apply to recipients of Federal incentives pursuant to this section and the amendments made by this section a fee in an amount sufficient to cover the administrative costs of carrying out this Act, including section 2(b). SEC. 4. TECHNICAL ASSISTANCE. (a) National Technical Assistance.--The Secretary shall provide technical assistance to applicants and potential applicants for Federal incentives pursuant to this Act and the amendments made by this Act with respect to-- (1) identification of transportation-oriented development opportunities; (2) establishment of special assessment districts in regions; (3) establishment of rail corridor development funds; and (4) expediting Federal, State, and local regulatory approvals. (b) States, Localities, and Regions Outside the Northeast Corridor.--The Secretary shall provide technical assistance to the States, localities, and regions outside the Northeast Corridor as identified by the Secretary, including-- (1) technical assistance on the establishment of regional authorities appropriate to carrying out the purposes of this Act at the regional level; and (2) technical assistance at the request of a State, local, or regional entity to identify stations and potential stations within a region and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the development of a high performance intercity or urban rail passenger corridor. (c) Northeast Corridor.--The Secretary shall provide technical assistance to the States and local or regional entities along the Northeast Corridor, including-- (1) technical assistance on the establishment, by the Northeast Corridor Infrastructure and Operations Advisory Commission established under section 24905 of title 49, United States Code, of a Northeast Corridor Transportation-Oriented Development Working Group, which shall-- (A) include outside members with expertise in transportation-oriented development; (B) be supported by the independent private sector entity retained by the Secretary under section 2(b); (C) be chaired by a designee appointed by the Secretary who is an expert with private sector transportation oriented development experience; and (D) advise the Secretary and the Northeast Corridor Infrastructure and Operations Advisory Commission on the ways and means for carrying out the purposes of this Act at the regional level; and (2) not more than 1 year after the date of enactment of this Act, technical assistance to identify Northeast Corridor stations and potential stations and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the creation of a true high-speed rail corridor in the Northeast Corridor.

National High Performance Passenger Rail Transportation-Oriented Development Act of 2013 - Directs the Secretary of Transportation (DOT) to establish an initiative to promote intercity and urban passenger rail operations and transportation-oriented development by creating rail projects qualified for federal incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development. Authorizes the Secretary to designate up to four qualified pilot projects. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Secretary to provide direct loans and loan guarantees for qualified rail projects. Authorizes the Secretary to make secured loans, loan guarantees, or lines of credit for such projects. Directs the Secretary to provide technical assistance to: (1) state, local, or regional authorities to identify transportation-oriented development opportunities; (2) states, localities, and regions outside the Northeast Corridor to establish regional authorities and identify existing and potential stations within the region to maximize development and commercial revenue generation to support financially the development of a high performance intercity or urban rail passenger corridor; and (3) states and local or regional entities along the Northeast Corridor to establish a Northeast Corridor Transportation-Oriented Development Working Group and identify Northeast Corridor existing and potential stations to maximize development and commercial revenue generation to support financially the creation of a true high-speed rail corridor in the Northeast Corridor.

National High Performance Passenger Rail Transportation-Oriented Development Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Repayment Assistance Act of 2017''. SEC. 2. STUDENT LOAN REPAYMENT PROGRAM CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. STUDENT LOAN REPAYMENT PROGRAM CREDIT. ``(a) In General.--For purposes of section 38, the employer- provided student loan repayment credit determined under this section for the taxable year is an amount equal to 10 percent of all qualified student loan repayments of the taxpayer for such taxable year. ``(b) Qualified Student Loan Repayment.--For purposes of this section, the term `qualified student loan repayment' means, with respect to any employee of an employer, so much of the amounts paid under a student loan repayment program by the employer on behalf of such employee as does not exceed $500 per month. ``(c) Student Loan Repayment Program.--For purposes of this section-- ``(1) In general.--A student loan repayment program is a separate written plan of an employer for the exclusive benefit of his employees to provide such employees with student loan payment assistance which meets the requirements of paragraphs (2) through (5). ``(2) Direct payment for employee education loans.--A plan meets the requirements of this paragraph if payments under the plan are made on behalf of the employee directly to the lender or loan servicer of a qualified education loan (as defined in section 221(d)) which was incurred by the employee and is attributable to education furnished to such employee. ``(3) Participation and non-discrimination.--A plan meets the requirements of this paragraph if the employer makes the program (and assistance provided thereunder) widely available to employees (determined under such regulations as the Secretary shall prescribe to prevent plans from discriminating in favor of employees who are highly compensated employees (within the meaning of section 414(q))). ``(4) Reports.--A plan meets the requirements of this paragraph if, for any taxable year for which a credit is allowed under this section, the employer reports to the Secretary (at such time and in such form and manner as the Secretary may prescribe) the number of employees utilizing the plan, the number of employees eligible to participate in the plan, and the terms of such plan. ``(5) Notice.--A plan meets the requirements of this paragraph if reasonable notification of the availability and terms of the program are provided to all eligible employees.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the employer-provided student loan repayment credit determined under section 45S(a).''. (c) Credit Refundable for Certain Small Employers.-- (1) In general.--Section 38(c) of such Code is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Special rules for employer-provided student loan repayment credit.-- ``(A) In general.--In the case of the employer- provided student loan repayment credit determined under section 45S(a) with respect to a specified small business or any organization exempt from tax under section 501(a)-- ``(i) this section and section 39 shall be applied separately with respect to such credits, ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, 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 employer- provided student loan repayment credit), and ``(iii) the amount of such credits in excess of the limitation under paragraph (1) (as modified by subparagraph (B)(ii)) shall be treated as a credit under subpart C. ``(B) Specified small business.--For purposes of this paragraph, the term `specified small business' means-- ``(i) an eligible small business (determined by substituting `$5,000,000' for `$50,000,000' in paragraph (5)(C)), or ``(ii) a corporation, partnership, or sole proprietorship which during the preceding taxable year employed not more than 100 full- time employees. For purposes of clause (ii), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 20 or more calendar weeks in the taxable year and all members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.''. (2) Conforming amendments.-- (A) Section 38(c)(2)(A)(ii)(II) of such Code is amended by striking ``and the specified credits'' and inserting ``the specified credits, and the employer- provided student loan repayment credit determined under section 45S(a)''. (B) Section 38(c)(3)(A)(ii)(II) of such Code is amended by striking ``and the specified credits'' and inserting ``, the specified credits, and the employer- provided student loan repayment credit determined under section 45S(a)''. (C) Section 38(c)(4)(A)(ii)(II) of such Code is amended by inserting ``and the employer-provided student loan repayment credit determined under section 45S(a)'' after ``specified credits''. (D) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``38(c)(6),'' after ``36B,''. (d) 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. Student loan repayment program credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Student Loan Repayment Assistance Act of 2017 This bill amends the Internal Revenue Code to allow a business-related tax credit for an employer's payments for employees under a student loan repayment program. The credit is equal to 10% of the amounts that an employer pays on behalf of any employee under a program and is refundable for certain small businesses and tax-exempt organizations. The payments for an employee may not exceed $500 per month.

Student Loan Repayment Assistance Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Information Security Act of 2006''. SEC. 2. INFORMATION SECURITY TASK FORCE. (a) Establishment.--The Administrator of the Small Business Administration shall establish a task force, to be known as the Small Business Information Security Task Force, to address the information technology security needs of small businesses. (b) Duties.--The task force shall-- (1) identify-- (A) the information technology security needs of small businesses; and (B) the programs and services of the Administration, and of the Federal Government as a whole, that serve those needs; (2) assess the extent to which those programs and services serve those needs; (3) make recommendations to the Administrator on how to more effectively serve those needs; (4) promote those programs and services; and (5) inform and educate with respect to those needs and those programs and services. (c) Internet Portal Recommendations.--The task force shall make recommendations to the Administrator on the establishment of an internet portal to be used by the Administration to receive and dispense information and resources with respect to the needs specified in subsection (a)(1)(A) and the programs and services specified in subsection (a)(1)(B). As part of the recommendations, the task force shall identify the internet sites of appropriate programs, services, and organizations, both public and private, to which the internet portal should link. (d) Existing Materials.--The task force shall organize and distribute existing materials that inform and educate with respect to the needs specified in subsection (a)(1)(A) and the programs and services specified in subsection (a)(1)(B). (e) Coordination With Public and Private Sector.--In carrying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it deems appropriate from-- (1) any subordinate officer of the Administrator; (2) any organization authorized by the Small Business Act to provide assistance and advice to small businesses; (3) other Federal agencies, their officers, or employees; and (4) any other organization, entity, or person not set forth in paragraphs (1), (2), or (3). (f) Chair and Vice-Chair.--The task force shall have-- (1) a Chair, appointed by the Administrator; and (2) a Vice-Chair, appointed by the Administrator in consultation with appropriate organizations, entities, or persons from nongovernmental organizations. (g) Members.-- (1) Chair and vice-chair.--The Chair and the Vice-Chair shall serve as members of the task force. (2) Additional members.--The task force shall have additional members, each of whom shall be appointed by the Chair with the approval of the Administrator. The number of additional members shall be determined by the Chair in consultation with the Administrator, except that-- (A) the additional members shall include, for each of the groups specified in paragraph (3), at least 1 member appointed from within that group; and (B) the number of additional members shall not exceed 13. (3) Groups represented.--The groups referred to in paragraph (2) are as follows: (A) Subject matter experts. (B) Users of information technologies within small businesses. (C) Vendors of information technologies to small businesses. (D) Academics with expertise in the use of information technologies to support business. (E) Small business trade associations. (F) Federal, State, or local agencies engaged in securing cyber space. (h) Meetings.-- (1) Frequency.--The task force shall meet at least 2 times per year, and more frequently if necessary to perform its duties. (2) Quorum.--A majority of the members of the task force shall constitute a quorum. (3) Location.--The Administrator shall designate, and make available to the task force, a location at a facility under the control of the Administrator for use by the task force for its meetings. (4) Minutes.--Not later than 90 days after each meeting, the task force shall publish the minutes of the meeting and shall submit to Administrator any findings or recommendations approved at the meeting. Not later than 60 days after receiving such a submission from the task force, the Administrator shall submit those findings, together with any comments the Administrator considers appropriate, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. (i) Personnel Matters.-- (1) Compensation of members.--Each member of the task force shall serve without pay. (2) Detail of sba employees.--The Administrator may detail, without reimbursement, any of the personnel of the Small Business Administration to the task force to assist it in carrying out its duties. Such a detail shall be without interruption or loss of civil status or privilege. (3) SBA support of the task force.--Upon the request of the task force, the Administrator shall provide to the task force the administrative support services that the Administrator and the Chair jointly determine to be necessary for the task force to carry out its duties. (j) Not Subject to Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the task force. (k) Startup Deadlines.--The appointment of the initial set of members shall be completed not later than 90 days after the date of the enactment of this Act, and the first meeting of the task force shall be not later than 180 days after the date of the enactment of this Act. (l) Termination.--The task force terminates at the end of fiscal year 2010. If, as of the termination date, the task force has not complied with subsection (h)(4) with respect to one or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with subsection (h)(4) with respect to those meetings. (m) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000 for each of fiscal years 2007 through 2010.

Small Business Information Security Act of 2006 - Directs the Administrator of the Small Business Administration (SBA) to establish the Small Business Information Security Task Force to address the information technology security needs of small businesses. Requires the Task Force, among other duties, to make recommendations to the Administrator on the establishment of an Internet portal to be used by the SBA to receive and dispense information and resources with respect to such needs.

To establish the Small Business Information Security Task Force.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Hiring Process Improvement Act of 2010''. SEC. 2. DEFINITION. In this Act, the term ``agency''-- (1) means an Executive agency as defined under section 105 of title 5, United States Code; and (2) shall not include the Government Accountability Office. SEC. 3. STRATEGIC WORKFORCE PLAN. (a) In General.-- (1) Development of plan.--Not later than 180 days after the date of enactment of this Act and in every subsequent year, the head of each agency, in consultation with the Office of Personnel Management and the Office of Management and Budget, shall develop a strategic workforce plan as part of the agency performance plan required under section 1115 of title 31, United States Code, to include-- (A) hiring projections, including occupation and grade level; (B) long-term and short-term strategic human capital planning to address critical skills deficiencies; (C) recruitment strategies to attract highly qualified candidates from diverse backgrounds; (D) streamlining the hiring process to conform with the provisions in this Act; and (E) a specific analysis of the contractor workforce, whether the balance between work being performed by the Federal workforce and the contractor workforce should be adjusted, and the capacity of the agency to manage employees who are not Federal employees and are doing the work of the Government. (2) Inclusion in performance plan.--Section 1115(a) of title 31, United States Code, is amended-- (A) in paragraph (5), by striking ``and'' after the semicolon; (B) in paragraph (6), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(7) include the strategic workforce plan developed under section 3 of the Federal Hiring Process Improvement Act of 2010.''. (b) Hiring Projections.--Agencies shall make hiring projections made under strategic workforce plans available to the public, including on agency websites. (c) Submission to the Office of Personnel Management.--Each agency strategic workforce plan shall be submitted to the Office of Personnel Management. (d) Governmentwide Strategic Workforce Plan.--Based on the agency plans submitted under subsection (a), the Office of Personnel Management shall-- (1) develop a governmentwide strategic workforce plan updated at least annually to include the contents described under subsection (a)(1) on a governmentwide basis; and (2) make such plan available to the President, Congress, and the public. SEC. 4. FEDERAL JOB ANNOUNCEMENTS. (a) Targeted Announcements.--In consultation with the Chief Human Capital Officers Council, the head of each agency shall-- (1) take steps necessary to target highly qualified applicant pools with diverse backgrounds before posting job announcements; (2) clearly and prominently post job announcements in strategic locations convenient to, and accessible by, such targeted applicant pools; (3) seek to develop relationships with targeted and diverse applicant pools to develop regular pipelines for high-quality applicants; and (4) post job announcements for a reasonable period of time. (b) Public Notice Requirements.--The requirements of subsection (a) shall not supersede public notice requirements. (c) Plain Writing Requirement.-- (1) Definition.--In this subsection, the term ``plain writing'' means writing that the intended audience can readily understand and use because that writing is clear, concise, well-organized, and follows other best practices of plain writing. (2) Requirement.--Not later than 180 days after the date of enactment of this Act, all job announcements for Federal positions shall be in plain writing in accordance with guidance provided by the Office of Management and Budget. (d) Contact Information.--Job announcements shall include contact information for applicants to seek further information. SEC. 5. APPLICATION PROCESS AND NOTIFICATION REQUIREMENTS. (a) Application Process.--Not later than 180 days after the date of enactment of this Act and in consultation with the Office of Personnel Management and the Office of Management and Budget, the head of each agency shall develop processes to-- (1) ensure that job announcements are open for a reasonable period of time as determined by the head of the agency to allow applicants from diverse backgrounds time to submit an application; (2) review and revise the hiring process of the agency to create a streamlined and timely system for hiring decisions; (3) allow applicants to submit a cover letter, resume, and answers to brief questions, such as questions relating to United States citizenship and veterans status, to complete an application; (4) allow applicants to submit application materials in a variety of formats, including word processing documents and portable document format; (5) not require any applicant to provide a Social Security number or any other personal identifying information unnecessary for the initial review of an applicant for a position; (6) not require lengthy writing requirements such as knowledge, skills, and ability essays as part of an initial application; (7) not require the submission of additional material in support of an application, such as educational transcript, proof of veterans status, and professional certifications, unless necessary to complete the hiring process; (8) provide for a valid, job-related assessment process to help identify the best candidates for the position to be filled and which does not place an unreasonable burden upon applicants; (9) ensure that applicants are given a reasonable amount of time after the closing date of the job announcement to provide additional necessary information; and (10) include the hiring manager in all parts of the hiring process, including-- (A) targeted recruitment; (B) drafting the job announcement; (C) review of the initial applications; (D) interviewing the applicants; and (E) the final decisionmaking process. (b) Notification Requirements.-- (1) In general.--In consultation with the Chief Human Capital Officers Council, the head of each agency shall develop mechanisms under which each applicant for a Federal job vacancy shall receive timely notification of the status of each application or provide the applicant the ability to check on the status of each application. (2) Contents of notification.--A notification to an applicant under this subsection shall include-- (A) notice of receipt of an application not later than 5 business days after the application was received by the employing agency; (B) an explanation of the hiring process and an estimated timeline of the next actions in the process; (C) notice of the qualification and status of an applicant after all applications for the applicable position have been initially reviewed and ranked; (D) notice of the qualifications and status of the applicant after all interviews for the applicable position are completed; (E) for all applicants selected for an interview, notice of the ongoing process if selected, including the process for any needed security clearance or suitability review, not later than the date of the interview; and (F) notice to nonaccepted applicants that the applicable position is not open not later than 10 business days after the date on which-- (i) the selected candidate has accepted an offer of employment; or (ii) the job announcement has been cancelled. SEC. 6. APPLICANT INVENTORY. (a) In General.--Section 3330 of title 5, United States Code, is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following: ``(e)(1) The Office of Personnel Management shall establish and keep current a comprehensive inventory of individuals seeking employment in the Federal Government. ``(2) The inventory under this subsection shall-- ``(A) be made available to agencies for use in filling vacancies; ``(B) contain information voluntarily provided by applicants for employment, including-- ``(i) the resume and contact information provided by the applicant; and ``(ii) any other information which the Office considers appropriate; ``(C) retain information for no longer than 1 calendar year; ``(D) not include information relating to-- ``(i) the application of the applicant for a specific vacancy announcement; or ``(ii) any other information relating to vacancy announcements; and ``(E) shall provide for a mechanism to allow-- ``(i) applicants to update resume, qualifications, and contact information; and ``(ii) agency officials to search information in the inventory by agency and job classification.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act. SEC. 7. TRAINING. Not later than 120 days after the date of enactment of this Act-- (1) in consultation with the Chief Human Capital Officers Council, the Office of Personnel Management shall develop and notify agencies of a training program for human resources professionals to implement the requirements of this Act; and (2) each agency shall develop and submit to the Office of Personnel Management a plan to implement the training program. SEC. 8. REDUCTION IN THE LENGTH OF THE HIRING PROCESS. (a) Agency Plans.--In consultation with the Office of Management and Budget, the head of each agency shall develop a plan to reduce the length of the hiring process, which shall include an analysis of the current hiring process performed in accordance with standards established by the Office of Personnel Management. (b) Requirements.--To the extent practical, the plan shall require that each agency fill identified vacancies not later than an average of 80 calendar days after the date of identification of the vacancy. (c) Reports.--Each agency shall submit an annual report to Congress on the average period of time required to fill each job, and whether such jobs are cancelled or reopened. SEC. 9. MEASURES OF FEDERAL HIRING EFFECTIVENESS. (a) In General.--Each agency shall measure and collect information on indicators of hiring effectiveness with respect to the following : (1) Recruiting and hiring.-- (A) Ability to reach and recruit highly qualified talent from diverse talent pools. (B) Use and impact of each hiring authority and flexibility to recruit most qualified applicants, including the use of student internships and scholarship programs as a talent pool for permanent hires. (C) Use and impact of special hiring authorities and flexibilities to recruit diverse candidates, including veteran, minority, and disabled candidates. (D) The age, educational level, and source of applicants. (E) Length of time between the time a position is advertised and the time a first offer of employment is made. (F) Length of time between the time a first offer of employment for a position is made and the time a new hire starts in that position. (G) Number of internal and external applicants for Federal positions. (H) Number of positions filled compared to the specific number in the annual workforce plan of the agency, with specific reference to mission-critical occupations or areas of critical shortage deficiencies. (I) Number of offers accepted compared to the number of offers made for permanent positions. (2) Hiring manager assessment.-- (A) Manager satisfaction with the quality of the applicants interviewed and new hires. (B) Manager satisfaction with the match between the skills of newly hired individuals and the needs of the agency. (C) Manager satisfaction with the hiring process and hiring outcomes. (D) Mission-critical deficiencies closed by new hires and the connection between mission-critical deficiencies and annual agency performance. (E) Manager satisfaction with the length of time to fill a position. (3) Applicant assessment.--Applicant satisfaction with the hiring process (including clarity of job announcement, reasons for withdrawal of any application, user-friendliness of the application process, communication regarding status of application, and timeliness of hiring decision). (4) New hire assessment.-- (A) New hire satisfaction with the hiring process (including clarity of job announcement, user- friendliness of the application process, communication regarding status of application, and timeliness of hiring decision). (B) Satisfaction with the onboarding experience (including timeliness of onboarding after the hiring decision, welcoming and orientation processes, and being provided with timely and useful new employee information and assistance). (C) New hire attrition. (D) Investment in training and development for employees during their first year of employment. (E) Other indicators and measures as required by the Office of Personnel Management. (b) Reports.-- (1) In general.--Each agency shall submit on an annual basis and in accordance with regulations prescribed under subsection (c) the information collected under subsection (a) to the Office of Personnel Management. (2) Availability of recruiting and hiring information.-- Each year the Office of Personnel Management shall provide the information submitted under paragraph (1) in a consistent format to allow for a comparison of hiring effectiveness and experience across demographic groups and agencies to-- (A) Congress before that information is made publicly available; and (B) the public on the website of the Office not later than 90 days after the submission of the information under paragraph (1). (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations directing the methodology, timing, and reporting of the data described in subsection (a). SEC. 10. REGULATIONS. (a) In General.--Except as provided under section 9(c), not later than 120 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations as necessary to carry out this Act. (b) Consultation.--The Director of the Office of Personnel Management shall consult the Chief Human Capital Officers Council in the development of regulations under this section. Passed the Senate May 18, 2010. Attest: NANCY ERICKSON, Secretary.

Federal Hiring Process Improvement Act of 2010 - (Sec. 3) Requires the head of each executive agency (excluding the Government Accountability Office [GAO]) to develop a strategic workforce plan as part of the agency performance plan, to include: (1) hiring projections; (2) strategic human capital planning to address critical skills deficiencies; (3) recruitment strategies to attract highly qualified candidates from diverse backgrounds; (4) streamlining the hiring process; and (5) a specific analysis of the contractor workforce, the need to adjust the balance between work being performed by the federal workforce and the contractor workforce, and the capacity of the agency to manage employees who are not federal employees and are doing the work of the government. Requires: (1) each agency strategic workforce plan to be submitted to the Office of Personnel Management (OPM); and (2) OPM to develop a government-wide strategic workforce plan based on such agency plans, update it annually, and make it available to the President, Congress, and the public. (Sec. 4) Requires the agency head to: (1) target highly qualified applicant pools with diverse backgrounds; (2) post job announcements in strategic locations convenient to and accessible by such applicant pools; (3) seek to develop relationships with such applicant pools to develop regular pipelines for high-quality applicants; and (4) post job announcements for a reasonable period of time. Requires job announcements for federal positions to be in plain writing and to include contact information. (Sec. 5) Directs the agency head to develop processes that: (1) revise its hiring process to create a streamlined and timely system for hiring decisions; (2) allow applicants to submit a cover letter, resume, and answers to brief questions to complete an application and to submit application materials in a variety of formats; (3) do not require provision of personal identifying information unnecessary for the initial review of an applicant, lengthy writing submissions such as knowledge, skills, and ability essays as part of an initial application, or additional material such as an educational transcript, proof of veterans status, or professional certifications unnecessary to complete the hiring process; (4) provide for a valid, job-related assessment to identify the best candidates without placing an unreasonable burden on applicants; (5) include the hiring manager in all parts of the hiring process; and (6) allow an applicant to check or receive timely notification of application status. (Sec. 6) Requires OPM to establish and keep current a comprehensive inventory of individuals seeking employment in the federal government to be made available to agencies for use in filling vacancies. (Sec. 7) Requires OPM to develop, and requires agencies to submit to OPM a plan to implement, a training program for human resources professionals to implement this Act. (Sec. 8) Directs each agency to: (1) develop a plan to reduce the length of the hiring process to not more than an average of 80 calendar days after a vacancy is identified; and (2) report to Congress annually on the average period required to fill jobs and whether such jobs are canceled or reopened. (Sec. 9) Requires each agency to measure, collect, and submit to OPM annually information on indicators of hiring effectiveness with respect to recruiting and hiring, hiring manager satisfaction, applicant satisfaction, and new hire satisfaction. Requires OPM each year to provide such information in a consistent format to permit a comparison of hiring effectiveness and experience across demographic groups and agencies.

A bill to provide for improvements in the Federal hiring process and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Colorado Ute Settlement Act Amendments of 1998''. (b) Findings.--Congress finds that in order to provide for a full and final settlement of the claims of the Colorado Ute Indian Tribes, the Tribes have agreed to reduced water supply facilities. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' has the meaning given that term in section 3(1) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585). (2) Animas-la plata project.--The term ``Animas-La Plata Project'' has the meaning given that term in section 3(2) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585). (3) Dolores project.--The term ``Dolores Project'' has the meaning given that term in section 3(3) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100- 585). (4) Tribe; tribes.--The term ``Tribe'' or ``Tribes'' has the meaning given that term in section 3(6) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100- 585). SEC. 3. AMENDMENTS TO THE COLORADO UTE INDIAN WATER RIGHTS SETTLEMENT ACT OF 1988. (a) Reservoir; Municipal and Industrial Water.--Section 6(a) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585) is amended to read as follows: ``(a) Reservoir; Municipal and Industrial Water.-- ``(1) In general.--After the date of enactment of the Colorado Ute Settlement Act Amendments of 1998, the Secretary shall provide-- ``(A) for the construction, as components of the Animas-La Plata Project, of-- ``(i) a reservoir with a storage capacity of 260,000 acres-feet; and ``(ii) a pumping plant and a reservoir inlet conduit; and ``(B) through the use of the project components referred in subparagraph (A), municipal and industrial water allocations in such manner as to result in allocations-- ``(i) to the Southern Ute Tribe, with an average annual depletion of an amount not to exceed 16,525 acre-feet of water; ``(ii) to the Ute Mountain Ute Indian Tribe, with an average annual depletion of an amount not to exceed 16,525 acre-feet of water; ``(iii) to the Navajo Nation, with an average annual depletion of an amount not to exceed 2,340 acre-feet of water; ``(iv) to the San Juan Water Commission, with an average annual depletion of an amount not to exceed 10,400 acre-feet of water; and ``(v) to the Animas-La Plata Conservancy District, with an average annual depletion of an amount not to exceed 2,600 acre-feet of water. ``(2) Tribal construction costs.--Construction costs allocable to the Navajo Nation and to each Tribe's municipal and industrial water allocation from the Animas-La Plata Project shall be nonreimbursable. ``(3) Nontribal water capital obligations.--The nontribal municipal and industrial water capital repayment obligations for the Animas-La Plata Project shall be satisfied, upon the payment in full-- ``(A) by the San Juan Water Commission, of an amount equal to $8,600,000; ``(B) by the Animas-La Plata Water Conservancy District, of an amount equal to $4,400,000; and ``(C) by the State of Colorado, of an amount equal to $16,000,000, as a portion of cost-sharing obligation of the State of Colorado recognized in the Agreement in Principle Concerning the Colorado Ute Indian Water Rights Settlement and Animas- La Plata Cost Sharing that the State of Colorado entered into on June 30, 1986. ``(4) Certain nonreimbursable costs.--Any cost of a component of the Animas-La Plata Project described in paragraph (1) that is attributed to and required for recreation, environmental compliance and mitigation, the protection of cultural resources, or fish and wildlife mitigation and enhancement shall be nonreimbursable. ``(5) Tribal water allocations.-- ``(A) In general.--With respect to municipal and industrial water allocated to a Tribe from the Animas- La Plata Project or the Dolores Project, until that water is first used by a Tribe or pursuant to a water use contract with the Tribe, the Secretary shall pay the annual operation, maintenance, and replacement costs allocable to that municipal and industrial water allocation of the Tribe. ``(B) Treatment of costs.--A Tribe shall not be required to reimburse the Secretary for the payment of any cost referred to in subparagraph (A). ``(6) Repayment of pro rata share.--As an increment of a municipal and industrial water allocation of a Tribe described in paragraph (5) is first used by a Tribe or is first used pursuant to the terms of a water use contract with the Tribe-- ``(A) repayment of that increment's pro rata share of those allocable construction costs for the Dolores Project shall commence by the Tribe; and ``(B) the Tribe shall commence bearing that increment's pro rata share of the allocable annual operation, maintenance, and replacement costs referred to in paragraph (5)(A).''. (b) Remaining Water Supplies.--Section 6(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585) is amended by adding at the end the following: ``(3) At the request of the Animas-La Plata Water Conservancy District of Colorado or the La Plata Conservancy District of New Mexico, the Secretary shall take such action as may be necessary to provide, after the date of enactment of the Colorado Ute Settlement Act Amendments of 1998, water allocations-- ``(A) to the Animas-La Plata Water Conservancy District of Colorado, with an average annual depletion of an amount not to exceed 5,230 acre-feet of water; and ``(B) to the La Plata Conservancy District of New Mexico, with an average annual depletion of an amount not to exceed 780 acre-feet of water. ``(4) If depletions of water in addition to the depletions otherwise permitted under this subsection may be made in a manner consistent with the requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary shall provide for those depletions by making allocations among the beneficiaries of the Animas-La Plata Project in accordance with an agreement among the beneficiaries relating to those allocations.''. (c) Miscellaneous.--Section 6 of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585) is amended by adding at the end the following: ``(i) Transfer of Water Rights.--Upon request of the State Engineer of the State of New Mexico, the Secretary shall, in a manner consistent with applicable State law, transfer, without consideration, to the New Mexico Animas-La Plata Project beneficiaries or the New Mexico Interstate Stream Commission any portion of the interests in water rights of the Department of the Interior under New Mexico Engineer permit number 2883, dated May 1, 1956, in order to fulfill the New Mexico purposes of the Animas La-Plata Project. ``(j) Treatment of Certain Reports.-- ``(1) In general.--The April 1996 Final Supplement to the Final Environmental Impact Statement, Animas-La Plata Project issued by the Department of the Interior and all documents incorporated therein and attachments thereto, and the February 19, 1996, Final Biological Opinion of the United States Fish and Wildlife Service, Animas-La Plata Project shall be considered to be adequate to satisfy any applicable requirement under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with respect to-- ``(A) the amendments made to this section by the Colorado Ute Indian Water Rights Settlement Act Amendments of 1998; ``(B) the initiation of, and completion of construction of the facilities described in this section; and ``(C) an aggregate depletion of 57,100 acre-feet of water (or any portion thereof) as described and approved in that biological opinion. ``(2) Statutory construction.--Nothing in this subsection shall affect-- ``(A) the construction of facilities that are not described in this section; or ``(B) any use of water that is not described and approved by the Director of the United States Fish and Wildlife Service in the final biological opinion described in paragraph (1). ``(k) Final Settlement.-- ``(1) In general.--The provision of water to the Tribes in accordance with this section shall constitute final settlement of the tribal claims to water rights on the Animas and La Plata Rivers. ``(2) Statutory construction.--Nothing in this section may be construed to affect the right of the Tribes to water rights on the streams and rivers described in the Agreement, other than the Animas and La Plata Rivers, to participate in the Animas-La Plata Project, to receive the amounts of water dedicated to tribal use under the Agreement, or to acquire water rights under the laws of the State of Colorado. ``(3) Action by the attorney general.--The Attorney General of the United States shall file with the District Court, Water Division Number 7, of the State of Colorado such instruments as may be necessary to request the court to amend the final consent decree to provide for the amendments made to this section under section 2 of the Colorado Ute Settlement Act Amendments of 1998.''. SEC. 4. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN FUNDS. (a) In General.--Nothing in the amendments made by this Act to section 6 of the Colorado Ute Indian Water Rights Settlement of 1988 (Public Law 100-585) shall affect-- (1) the applicability of any other provision of that Act; (2) the obligation of the Secretary of the Interior to deliver water from the Dolores Project and to complete the construction of the facilities located on the Ute Mountain Ute Indian Reservation described in-- (A) the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101-512); (B) the Department of the Interior and Related Agencies Appropriations Act, 1992 (Public Law 102-154); (C) the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public Law 102-381); (D) the Department of the Interior and Related Agencies Appropriations Act, 1994 (Public Law 103-138); and (E) the Department of the Interior and Related Agencies Appropriations Act, 1995 (Public Law 103-332); or (3) the treatment of the uncommitted portion of the cost- sharing obligation of the State of Colorado referred to in subsection (b). (b) Treatment of Uncommitted Portion of Cost-Sharing Obligation.-- The uncommitted portion of the cost-sharing obligation of the State of Colorado referred to in section 6(a)(3) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-585), as added by section 3[(a)] of this Act, remains available after the date of payment of the amount specified in that section and may be used to assist in the funding of any component of the Animas-La Plata Project that is not described in such section 6(a)(3).

Colorado Ute Settlement Act Amendments of 1998 - Amends the Colorado Ute Indian Water Rights Settlement Act of 1988 to require the Secretary of the Interior to provide: (1) for construction of a reservoir with a storage capacity of 260,000 acres-feet, a pumping plant, and a reservoir inlet conduit as components of the Animas-La Plata Project (Project), Colorado and New Mexico; and (2) through the use of such components, specified municipal and industrial water allocations to the San Juan Water Commission, Animas-La Plata Conservancy District (Conservancy District), Southern Ute and Ute Mountain Ute tribes, and Navajo Nation. Provides that construction costs allocable to the Navajo Nation and to each tribe's water allocation from the Project shall be nonreimbursable. Requires nontribal water capital repayment obligations for the Project to be satisfied upon the payment of specified amounts by the Commission, Conservancy District, and the State of Colorado. Provides that costs of Project components attributed to and required for recreation, environmental compliance, protection of cultural resources, or fish and wildlife mitigation and enhancement shall be nonreimbursable. Sets forth provisions regarding the repayment of Project costs. Requires the Secretary, at the request of the Conservancy District or the La Plata Conservancy District of New Mexico, to provide specified water allocations to such parties. Requires the Secretary, upon request of the State Engineer of New Mexico, to transfer to the New Mexico Project beneficiaries or the New Mexico Interstate Stream Commission any portion of Department of the Interior interests in water rights under a specified permit in order to fulfill the New Mexico purposes of the Project. Considers a specified supplement to an environmental impact statement and a biological opinion for the Project to be adequate for purposes of requirements under the Endangered Species Act of 1973, the National Environmental Policy Act of 1969, or the Federal Water Pollution Control Act with respect to: (1) amendments made by this Act; (2) initiation and completion of construction of facilities; and (3) an aggregate depletion of 57,100 acre-feet of water as approved in the opinion. Requires the provision of water to the Ute tribes to constitute final settlement of the tribal claims to water rights on the Animas and La Plata Rivers.

Colorado Ute Settlement Act Amendments of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Handling of Ammonium Nitrate Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Although ammonium nitrate is an important fertilizer used in agricultural production, in the wrong hands, ammonium nitrate can be used to create explosives and was so used in terrorist attacks conducted in Oklahoma City, Bali, and Istanbul. (2) The production, importation, storage, sale, and distribution of ammonium nitrate affects interstate and intrastate commerce. (3) It is necessary for the Secretary of Homeland Security to regulate the production, storage, sale, and distribution of ammonium nitrate on account of the prior use of ammonium nitrate to create explosives used in acts of terrorism and to prevent terrorists from acquiring ammonium nitrate to create explosives. SEC. 3. DEFINITIONS. In this Act: (1) Act.--The term ``this Act'' includes regulations issued under this Act. (2) Ammonium nitrate.--The term ``ammonium nitrate'' means solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen, of which-- (A) 50 percent is in ammonium form; and (B) 50 percent is in nitrate form. (3) Facility.--The term ``facility'' means any site where ammonium nitrate is produced, stored, or held for distribution, sale, or use. The term includes-- (A) all buildings or structures used to produce, store, or hold ammonium nitrate for distribution, sale, or use at a single site; and (B) multiple sites described in subparagraph (A), if the sites are-- (i) contiguous or adjacent; and (ii) owned or operated by the same person. (4) Handle.--The term ``handle'' means to produce, store, sell, or distribute ammonium nitrate. (5) Handler.--The term ``handler'' means any person that produces, stores, sells, or distributes ammonium nitrate. (6) Purchaser.--The term ``purchaser'' means any person that purchases ammonium nitrate. (7) Terrorism.--The term ``terrorism'' has the meaning given that term in section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15)). (8) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 4. REGULATION OF HANDLING AND PURCHASE OF AMMONIUM NITRATE. (a) In General.--The Secretary may regulate the handling and purchase of ammonium nitrate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism. (b) Regulations.--The Secretary may promulgate regulations that require-- (1) handlers-- (A) to register facilities; (B) to sell or distribute ammonium nitrate only to handlers and purchasers registered under this Act; and (C) to maintain records of sale or distribution that include the name, address, telephone number, and registration number of the immediate subsequent purchaser of ammonium nitrate; and (2) purchasers to be registered. (c) Use of Previously Submitted Information.--Prior to requiring a facility or handler to submit new information for registration under this section, the Secretary shall-- (1) request from the Attorney General, and the Attorney General shall provide, any information previously submitted to the Attorney General by the facility or handler under section 843 of title 18, United States Code; and (2) at the election of the facility or handler-- (A) use the license issued under that section in lieu of requiring new information for registration under this section; and (B) consider the license to fully comply with the requirement for registration under this section. (d) Consultation.--In promulgating regulations under this section, the Secretary shall consult with the Secretary of Agriculture to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened. (e) Data Confidentiality.--Notwithstanding section 552 of title 5, United States Code, or the USA PATRIOT ACT (Public Law 107-56; 115 Stat. 272) or an amendment made by that Act, the Secretary may not disclose to any person any information obtained from any facility, handler, or purchaser-- (1) regarding any action taken, or to be taken, at the facility or by the handler or purchaser to ensure the secure handling of ammonium nitrate; or (2) that would disclose-- (A) the identity or address of any purchase of ammonium nitrate; (B) the quantity of ammonium nitrate purchased; or (C) the details of the purchase transaction. (f) Exceptions to Data Confidentiality.--The Secretary may disclose any information described in subsection (e)-- (1) to an officer or employee of the United States, or a person that has entered into a contract with the United States, who needs to know the information to perform the duties of the officer, employee, or person, or to a State agency pursuant to an arrangement under section 6, under appropriate arrangements to ensure the protection of the information; (2) to the public, to the extent the Secretary specifically finds that disclosure of particular information is required in the public interest; or (3) to the extent required by order of a Federal court in a proceeding in which the Secretary is a party, under such protective measures as the court may prescribe. SEC. 5. ENFORCEMENT. (a) Inspections.--The Secretary, without a warrant, may enter any place during business hours that the Secretary believes may handle ammonium nitrate to determine whether the handling is being conducted in accordance with this Act. (b) Prevention of Sale or Distribution Order.--In any case in which the Secretary has reason to believe that ammonium nitrate has been handled other than in accordance with this Act, the Secretary may issue a written order preventing any person that owns, controls, or has custody of the ammonium nitrate from selling or distributing the ammonium nitrate. (c) Appeal Procedures.-- (1) In general.--A person subject to an order under subsection (b) may request a hearing to contest the order, under such administrative adjudication procedures as the Secretary may establish. (2) Rescission.--If an appeal under paragraph (1) is successful, the Secretary shall rescind the order. (d) In Rem Proceedings.--The Secretary may institute in rem proceedings in the United States district court for the district in which the ammonium nitrate is located to seize and confiscate ammonium nitrate that has been handled in violation of this Act. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Cooperative Agreements.--The Secretary may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department of agriculture or other State agency that regulates plant nutrients, to carry out this Act, including cooperating in the enforcement of this Act through the use of personnel or facilities. (b) Delegation.-- (1) In general.--The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this Act. (2) Delegation required.--On the request of a Governor of a State, the Secretary shall delegate to the State the authority to carry out section 4 or 5, on a determination by the Secretary that the State is capable of satisfactorily carrying out that section. (3) Funding.--If the Secretary enters into an agreement with a State under this subsection to delegate functions to the State, the Secretary shall provide to the State adequate funds to enable the State to carry out the functions. (4) Inapplicability.--Notwithstanding any other provision of this subsection, this subsection does not authorize a State to carry out a function under section 4 or 5 relating to a facility or handler in the State that makes the election described in section 4(c)(2). SEC. 7. CIVIL LIABILITY. (a) Unlawful Acts.--It is unlawful for any person-- (1) to fail to perform any duty required by this Act; (2) to violate the terms of registration under this Act; (3) to fail to keep any record, make any report, or allow any inspection required by this Act; or (4) to violate any sale or distribution order issued under this Act. (b) Penalties.-- (1) In general.--A person that violates this Act may only be assessed a civil penalty by the Secretary of not more than $50,000 per violation. (2) Notice and opportunity for a hearing.--No civil penalty shall be assessed under this Act unless the person charged has been given notice and opportunity for a hearing on the charge in the county, parish, or incorporated city of residence of the person charged. (c) Jurisdiction Over Actions for Civil Damages.--The district courts of the United States shall have exclusive jurisdiction over any action for civil damages against a handler for any harm or damage that is alleged to have resulted from the use of ammonium nitrate in violation of law that occurred on or after the date of enactment of this Act. SEC. 8. STATE LAW PREEMPTION. This Act preempts any State law that regulates the handling of ammonium nitrate to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.

Secure Handling of Ammonium Nitrate Act of 2005 - Authorizes the Secretary of Homeland Security to regulate the handling and purchase of ammonium nitrate to prevent its misappropriation or use in an act of terrorism. Authorizes the Secretary to promulgate regulations that require: (1) handlers to register facilities, to sell or distribute ammonium nitrate only to registered handlers and purchasers, and maintain records of sale or distribution that include the name, address, telephone number, and registration number of the immediate subsequent purchaser of ammonium nitrate; and (2) registration of purchasers. Authorizes the Secretary to make warrantless inspections during business hours of any place that may handle ammonium nitrate to determine whether such handling accords with this Act. Makes it unlawful for any person to: (1) fail to perform any duty required by this Act and related regulations; (2) violate the terms of registration under this Act; (3) fail to keep any record, make any report, or allow any inspection required by this Act; or (4) violate any sale or distribution order issued under this Act. Establishes civil penalties for violations.

To authorize the Secretary of Homeland Security to regulate the production, storage, sale, and distribution of ammonium nitrate on account of the prior use of ammonium nitrate to create explosives used in acts of terrorism and to prevent terrorists from acquiring ammonium nitrate to create explosives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lyme Disease Initiative Act of 1998''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The incidence of Lyme disease in the United States is increasing more rapidly than most other diseases. The Centers for Disease Control and Prevention has determined that, since 1982, there has been a 32-fold increase in reported cases. (2) For 1996, such Centers determined that 16,455 cases of the disease were reported. (3) There is no reliable standardized diagnostic test for Lyme disease, and it is therefore likely that the disease is severely underreported. The disease is often misdiagnosed because the symptoms of the disease mimic other health conditions. (4) Lyme disease costs our Nation at least $60,000,000 a year in direct medical costs for early, acute cases. The costs of chronic cases of the disease, as well as the costs of lost wages and productivity, are many times higher. (5) Many health care providers lack the necessary knowledge and expertise--particularly in non-endemic areas--to accurately diagnose Lyme disease. As a result, patients often visit multiple doctors before obtaining a diagnosis of the disease, resulting in prolonged pain and suffering, unnecessary tests, and costly and futile treatments. SEC. 3. PUBLIC HEALTH GOALS; FIVE-YEAR PLAN. (a) In General.--The Secretary of Health and Human Services (acting as appropriate through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health) and the Secretary of Defense shall collaborate to carry out the following: (1) The Secretaries shall establish the goals described in subsections (c) through (f) (relating to activities to provide for a reduction in the incidence and prevalence of Lyme disease). (2) The Secretaries shall carry out activities toward achieving the goals, which may include activities carried out directly by the Secretaries and activities carried out through awards of grants or contracts to public or nonprofit private entities. (3) In carrying out paragraph (2), the Secretaries shall give priority-- (A) first, to achieving the goal under subsection (c); (B) second, to achieving the goal under subsection (d); (C) third, to achieving the goal under subsection (e); and (D) fourth, to achieving the goal under subsection (f). (b) Five-Year Plan.--In carrying out subsection (a), the Secretaries shall establish a plan that, for the 5 fiscal years following the date of the enactment of this Act, provides for the activities to be carried out during such fiscal years toward achieving the goals under subsections (c) through section (f). The plan shall, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease that are conducted or supported by the Federal Government. (c) First Goal: Detection Test.-- (1) In general.--For purposes of subsection (a), the goal described in this subsection is the development, by the expiration of the 18-year period beginning on the date of the enactment of this Act, of-- (A) a test for accurately determining whether an individual who has been bitten by a tick has Lyme disease; and (B) a test for accurately determining whether a patient with such disease has been cured of the disease. (d) Second Goal: Improved Surveillance and Reporting System.--For purposes of subsection (a), the goal described in this subsection is to review the system in the United States for surveillance and reporting with respect to Lyme disease and to determine whether and in what manner the system can be improved (relative to the date of the enactment of this Act). In carrying out activities toward such goal, the Secretaries shall-- (1) consult with the States, units of local government, physicians, patients with Lyme disease, and organizations representing such patients; (2) consider whether uniform formats should be developed for the reporting by physicians of cases of Lyme disease to public health officials; and (3) with respect to health conditions that are reported by physicians as cases of Lyme disease but do not meet the criteria established by the Director of the Centers for Disease Control and Prevention to be counted as such cases, consider whether data on such health conditions should be maintained and analyzed to assist in understanding the circumstances in which Lyme disease is being diagnosed and the manner in which it is being treated. (e) Third Goal: Indicator Regarding Accurate Diagnosis.--For purposes of subsection (a), the goal described in this subsection is to determine the average number of visits to physicians that are made by patients with Lyme disease before a diagnosis of such disease is made. In carrying out activities toward such goal, the Secretaries shall conduct a study of patients and physicians in 2 or more geographic areas in which there is a significant incidence or prevalence of cases of Lyme disease. (f) Fourth Goal: Physician Knowledge.--For purposes of subsection (a), the goals described in this subsection are to make a significant increase in the number of physicians who have an appropriate level of knowledge regarding Lyme disease, and to develop and apply an objective method of determining the number of physicians who have such knowledge. SEC. 4. LYME DISEASE TASK FORCE. (a) In General.--Not later than 120 days after the date of enactment of this Act, there shall be established in accordance with this section an advisory committee to be known as the Lyme Disease Task Force (in this section referred to as the Task Force). (b) Duties.--The Task Force shall provide advice to the Secretaries with respect to achieving the goals under section 3, including advice on the plan under subsection (b) of such section. (c) Composition.--The Task Force shall be composed of 9 members with appropriate knowledge or experience regarding Lyme disease. Of such members-- (1) 2 shall be appointed by the Secretary of Health and Human Services, after consultation with the Director of the Centers for Disease Control and Prevention; (2) 2 shall be appointed by the Secretary of Health and Human Services, after consultation with the Director of the National Institutes of Health; (3) 1 shall be appointed by the Secretary of Defense; (4) 2 shall be appointed by the Speaker of the House of Representatives, after consultation with the Minority Leader of the House; and (5) 2 shall be appointed by the President Pro Tempore of the Senate, after consultation with the Minority Leader of the Senate. (d) Chair.--The Task Force shall, from among the members of the Task Force, designate an individual to serve as the chair of the Task Force. (e) Meetings.--The Task Force shall meet at the call of the Chair or a majority of the members. (f) Term of Service.--The term of service of a member of the Task Force is the duration of the Task Force. (g) Vacancies.--Any vacancy in the membership of the Task Force shall be filled in the manner in which the original appointment was made and shall not affect the power of the remaining members to carry out the duties of the Task Force. (h) Compensation; Reimbursement of Expenses.--Members of the Task Force may not receive compensation for service on the Task Force. Such members may, in accordance with chapter 57 of title 5, United States Code, be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Task Force. (i) Staff; Administrative Support.--The Secretary of Health and Human Services shall, on a reimbursable basis, provide to the Task Force such staff, administrative support, and other assistance as may be necessary for the Task Force to effectively carry out the duties under subsection (b). (j) Termination.--The Task Force shall terminate on the date that is 90 days after the end of the fifth fiscal year that begins after the date of the enactment of this Act. SEC. 5. ANNUAL REPORTS. The Secretaries shall submit to the Congress periodic reports on the activities carried out under this Act and the extent of progress being made toward the goals established under section 3. The first such report shall be submitted not later than 18 months after the date of the enactment of this Act, and subsequent reports shall be submitted annually thereafter until the goals are met. SEC. 6. DEFINITION. For purposes of this Act, the term ``Secretaries'' means-- (1) the Secretary of Health and Human Services, acting as appropriate through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health; and (2) the Secretary of Defense. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) National Institutes of Health.--In addition to other authorizations of appropriations that are available for carrying out the purposes described in this Act and that are established for the National Institutes of Health, there are authorized to be appropriated to the Director of such Institutes for such purposes $9,000,000 for each of the fiscal years 1999 through 2003. (b) Centers for Disease Control and Prevention.--In addition to other authorizations of appropriations that are available for carrying out the purposes described in this Act and that are established for the Centers for Disease Control and Prevention, there are authorized to be appropriated to the Director of such Centers for such purposes $8,000,000 for each of the fiscal years 1999 through 2003. (c) Department of Defense.--In addition to other authorizations of appropriations that are available for carrying out the purposes described in this Act and that are established for the Department of Defense, there are authorized to be appropriated to the Secretary of Defense for such purposes $3,000,000 for each of the fiscal years 1999 through 2003. SEC. 8. SENSE OF THE CONGRESS. It is the sense of the Congress that the Food and Drug Administration should-- (1) conduct a rapid and thorough review of new drug applications for drugs to immunize individuals against Lyme disease; and (2) ensure that the labeling approved for such drugs specifically indicate the particular strains of Lyme disease for which the drugs provide immunization, the duration of the period of immunization, and the reliability rate of the drugs.

Lyme Disease Initiative Act of 1998 - Directs the Secretary of Health and Human Services (acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institute of Health and the Secretary of Defense to collaborate in: (1) establishing specified public health goals relating to activities providing for a reduction in the incidence and prevalence of Lyme disease; and (2) carrying out activities toward achieving the goals directly or through grant awards or contracts to public or nonprofit private entities. Requires the Secretaries to establish a five-year plan for carrying out such activities and coordinating the programs and activities conducted or supported by the Government. Lists as goals, in priority order: (1) developing a test to determine whether an individual has been bitten by a tick that has Lyme disease and a test for determining whether a patient has been cured; (2) reviewing the U.S. system for Lyme disease surveillance and reporting; (3) determining the average number of doctor visits before the disease is diagnosed; and (4) significantly increasing the number of physicians who have appropriate knowledge regarding the disease. (Sec. 4) Establishes the Lyme Disease Task Force to provide advice to the Secretaries on achieving the goals. (Sec. 5) Requires the submission of annual reports by the Secretaries to the Congress until the goals are met. (Sec. 7) Authorizes appropriations. (Sec. 8) Expresses the sense of the Congress that the Food and Drug Administration should: (1) conduct a rapid and thorough review of new drug applications for drugs to immunize individuals against Lyme disease; and (2) ensure that the labeling approved for such drugs specifically indicates the particular strains of Lyme disease for which the drugs provide immunization, the duration of the period of immunization, and the drugs' reliability rate.

Lyme Disease Initiative Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Metropolis National Heritage Area Study Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Black Metropolis area on Chicago, Illinois' South Side has a cohesive and distinctive history as well as an important streetscape that distinguishes the area as worthy of designation as a National Heritage Area. (2) The historic features of Chicago's Black Metropolis predate the Great Migration of 1916-1919 and illustrate its influence on African-American life in Chicago and the Nation as a result of this demographic phenomenon in which 500,000 African-Americans migrated to the North in search of work and other opportunities, with 50,000 of that aggregate relocating in Chicago. (3) The Black Metropolis, as a setting, witnessed some of the finest accomplishments in African-American contributions to Chicago, the State of Illinois, and the Nation, while its legally and socially proscribed citizens challenged their environment and their Nation to fulfill its promise as a place of opportunity for all. (4) These contributions and accomplishments fall into the following main categories: (A) Business and entrepreneurial pursuits.--With State Street developing as the Black Metropolis' ``Wall Street'', the area produced two of the largest Black banking operations in the Nation in the Binga State and Douglass National Banks and scores of smaller businesses ranging from print shops to restaurants to clothing stores to hair salons and barbershops. (B) Culture and aesthetics.--The area emerged as a musical mecca ranging from jazz to gospel to delta and urban blues to rhythm and blues and was home for institutions such as the George Cleveland Hall Branch Library, which nurtured literary giants such as Langston Hughes, the South Side Community Arts Center, and the DuSable Museum of African American History and Culture. (C) Education.--The area includes the first public secondary school in the State of Illinois built specifically to accommodate the educational needs of African-American students, which opened in 1934 at 4934 South Wabash Avenue and was named in honor of Chicago's first non-native inhabitant and trader, Jean Baptiste Pointe du Sable, a Black man from Haiti, and whose illustrious graduates include Nat ``King'' Cole and Chicago Mayor Harold Washington. (D) Governance and politics.--From its political bases in the area's Second Ward and the First Congressional District, Chicago's Black Metropolis proved itself a political center for all African- Americans, producing the first African-American to sit in Congress in the 20th century, the Honorable Oscar DePriest, as well as the first African-American Democratic congressman, the Honorable Arthur W. Mitchell, succeeded by Honorable William L. Dawson, the Honorable Ralph H. Metcalfe, the Honorable Bennett M. Stewart, and the Honorable Harold Washington, later the city's first elected African-American mayor, and the Honorable Charles A. Hayes. (E) Health care.--The area includes Provident Hospital, founded in 1891 by the brilliant African- American surgeon Dr. Daniel Hale Williams and site of the first successful suturing of the human heart by Dr. Williams in 1893. (F) Labor.--The area was home to millions of unskilled and semi-skilled African-American workers, including the packinghouse workers who arrived during the Great Migration and constituted 25 percent of the stockyards work force during World War I, and the Pullman porters who represented a full 20 percent of the Nation's African-American workforce during the early 1900s. (G) Military life and patriotism.--African-American men enlisted in the Union Army on the grounds of Camp Douglass within the Black Metropolis area as part of the 29th Infantry Regiment of the United States Colored Troops, and a generation later trained at the Eighth Regiment Armory nearby before embarking for France as part of what President Wilson referred to as the great crusade to ``make the world safe for democracy'' during World War I. (H) Recreation and competitive sports.--Early on, the Nation's most popular sports (baseball, boxing, football, track and basketball) enjoyed support from the Black Metropolis' population and drew participants who earned widespread recognition such as Rube Foster, a native Chicagoan, who founded the Negro Baseball League and its local team, the American Giants. (I) Religion and church activism.--The area includes Quinn Chapel African Methodist Episcopal (A.M.E) Church, an antebellum center of abolitionist activity, and a major station on the Underground Railroad, and with emancipation, there was another religious movement to provide and protect the civil rights of all citizens led by Black Metropolis churches such as Quinn Chapel and Bethel A.M.E. (J) Social justice and civil rights.--It was from within the Black Metropolis area in the early 20th century that Ida B. Wells-Barnett waged her crusade for justice for African-Americans and women and worked to establish the first National Association for the Advancement of Colored People branch in that group's national network in 1912. (K) Streetscapes.--The area includes many historic locations, including those along State Street and 35th Street, ranging from the Overton Hygienic Manufacturing Building at 3617 South State Street and the Chicago Bee Building at 3647 South State Street (both designated as Chicago City Landmarks) to Liberty Life Insurance Company at 3501 South Parkway and a monument and park dedicated to United States Senator Stephen Douglas (designated as a State Landmark) at Lake Park Avenue and 35th Street, green and public spaces, stretching from Chicago's lakefront to historic park and boulevard systems to the West, and is now the proposed site for the 2016 Olympics in the City of Chicago's bid to host this event. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Black Metropolis National Heritage Area. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study area.--The term ``study area'' means the region bounded as follows: (A) 18th Street on the North and 22nd Street on the South, from Lake Michigan on the East to Wentworth Avenue to the West. (B) 22nd Street on the North to 35th Street on the South, from Lake Michigan on the East to the Dan Ryan Expressway on the West. (C) 35th Street on the North and 47th Street on the South, from Lake Michigan on the East to the B&O Railroad (Stewart Avenue) on the West. (D) 47th Street on the North to 55th Street on the South, from Cottage Grove Avenue on the East to the Dan Ryan Expressway on the West. (E) 55th Street on the North to 67th Street on the South, from State Street on the West to Cottage Grove Avenue/South Chicago Avenue on the East. (F) 67th Street on the North to 71st Street on the South, from Cottage Grove Avenue/South Chicago Avenue on the West to the Metra Railroad tracks on the East. SEC. 4. BLACK METROPOLIS NATIONAL HERITAGE AREA STUDY. (a) In General.--The Secretary, in consultation with the managers of any Federal land within the Heritage Area, appropriate State and local governmental agencies, and any interested organizations, shall conduct a study to determine the feasibility of designating the study area as the Black Metropolis National Heritage Area. (b) Requirements.--The study shall include analysis, documentation, and determinations on whether-- (1) the study area-- (A) has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States; (B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use; (C) is best managed through agreements between public and private entities at the local or regional level; (D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States; (E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; (F) provides outstanding recreational and educational opportunities; and (G) has resources and traditional uses that have national importance; (2) residents, business interests, nonprofit organizations, the Federal Government (including relevant Federal land management agencies), and State, local, and tribal governments within the study area-- (A) are involved in the planning; and (B) have demonstrated significant support through letters and other means for designation and management of the Heritage Area; and (3) the study area has been identified and supported by the public, private business, and local and State agencies. SEC. 5. REPORT. Not later than 3 fiscal years after the date on which funds are made available to carry out the this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings, conclusions, and recommendations of the Secretary with respect to the study.

Black Metropolis National Heritage Area Study Act - Directs the Secretary of the Interior to study the feasibility of designating a specified region in Chicago, Illinois, as the Black Metropolis National Heritage Area.

Black Metropolis National Heritage Area Study Act

SECTION 1. PUBLIC HEALTH ADVISORY COMMITTEE ON TRADE. (a) Establishment.--Section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) is amended by adding at the end the following: ``The President shall establish, among the committees established under this paragraph, a Public Health Advisory Committee on Trade composed of members appointed pursuant to paragraph (5).''. (b) Membership.--Section 135(c) of the Trade Act of 1974 (19 U.S.C. 2155(c)) is amended by adding at the end the following: ``(5)(A) Members of the Public Health Advisory Committee on Trade established under paragraph (1) shall be appointed from among individuals-- ``(i) nominated by and representing organizations in the United States with an interest in improving and protecting the public health; and ``(ii) who have expertise in-- ``(I) the relationship of trade to sustainable economic development; ``(II) public health regulations and the authority of the Government to regulate in the interest of public health, including by adopting sanitary and phytosanitary rules, technical standards, regulations with respect to the production, distribution, sale, or advertising of tobacco, alcohol, and harmful substances, and standards to ensure clean and safe food, air, and water; ``(III) vital human services and systems, including health care and public health services and systems and water supply and sanitation services and systems, and licensing and cross-border movement of persons employed in the provision of such services or the development of such systems; ``(IV) occupational safety and health; or ``(V) matters relating to access to affordable pharmaceuticals. ``(B) The President shall ensure that membership of the Public Health Advisory Committee on Trade is of sufficient size to be reasonably representative of the range of organizations and persons in the United States interested in public health. ``(C)(i) No individual may be appointed to the Public Health Advisory Committee on Trade who represents a commercial or for-profit entity with an interest in health services or regulations. ``(ii) No individual appointed to the Public Health Advisory Committee on Trade may continue to serve on the Committee if the individual, or the individual's employer, receives or contracts to receive a significant payment or other financial support from a commercial or for-profit entity represented on any trade advisory committee established under this section. ``(D) The members of the Public Health Advisory Committee on Trade shall elect a Chairperson from among the members of the Committee.''. SEC. 2. INCLUSION OF PUBLIC HEALTH ORGANIZATIONS ON ADVISORY COMMITTEE FOR TRADE POLICY AND NEGOTIATIONS. (a) In General.--Section 135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)) is amended by inserting ``nongovernmental public health organizations,'' after ``conservation organizations,''. (b) Nongovernmental Public Health Organizations Defined.--Section 135(m) of the Trade Act of 1974 (19 U.S.C. 2155(m)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking ``(m) Non-Federal Government Defined.--As used in this section, the term `non-Federal government' means-- '' and inserting the following: ``(m) Definitions.--In this section: ``(1) Non-federal government.--The term `non-Federal government' means--''; and (3) by adding at the end the following: ``(2) Nongovernmental public health organizations.-- ``(A) In general.--The term `nongovernmental public health organization' includes any nonprofit organization or coalition that works to promote the public health, increase access to affordable health- related services or products, or to prevent and reduce any major disease, illness, or public health problem. ``(B) Exclusion.--The term `nongovernmental public health organization' does not include any organization that receives-- ``(i) 20 percent or more of its total funding from a single commercial, for-profit entity; or ``(ii) 30 percent or more of its total funding from commercial, for-profit entities.''. SEC. 3. MODIFICATION OF REQUIRED CONSULTATIONS WITH ADVISORY COMMITTEES DURING TRADE NEGOTIATIONS. (a) Extension of Consultations.--Section 135(a)(1) of the Trade Act of 1974 (19 U.S.C. 2155(a)(1)) is amended in the flush text by inserting ``and throughout negotiations'' before the end period. (b) Policy, Technical, and Other Advice and Information.--Section 135(d) of the Trade Act of 1974 (19 U.S.C. 2155(d)) is amended-- (1) by striking ``Committees established'' and inserting the following: ``(1) Committee meetings.--Committees established''; (2) in paragraph (1), as redesignated, by inserting ``Health and Human Services,'' after ``Commerce,''; and (3) by adding at the end the following: ``(2) Requests for advice and information.--The United States Trade Representative and the Secretaries of Agriculture, Commerce, Health and Human Services, Labor, Defense, or other executive departments, as appropriate, shall-- ``(A) seek and consider advice and information described in paragraph (1) with respect to the negotiating objectives and the terms of a trade agreement being negotiated by the United States and the impact of those terms on the United States before the commencement of negotiations, throughout the negotiating process, and before a final agreement is reached; and ``(B) to the maximum extent practicable, seek written advisory opinions from each committee established under this section and from any dissenting members of such a committee before a final agreement is reached with respect to the terms of a trade agreement. ``(3) Written responses to committee comments.--The United States Trade Representative and the Secretaries of Agriculture, Commerce, Health and Human Services, Labor, Defense, or other executive departments, as appropriate, shall respond in writing to the advice or information submitted under this subsection by a committee established under this section or by a member of such a committee.''. SEC. 4. ADVISORY COMMITTEE REPORTS ON TRADE AGREEMENTS. Section 135(e) of the Trade Act of 1974 (19 U.S.C. 2155(e)) is amended to read as follows: ``(e) Advisory Committee Reports on Trade Agreements.-- ``(1) Report of advisory committees.--Not later than date on which the President notifies Congress of the President's intention to enter into a trade agreement, the Advisory Committee for Trade Policy and Negotiations, the Public Health Advisory Committee on Trade, each appropriate policy committee, and each appropriate sectoral or functional committee shall submit to the President, Congress, and the United States Trade Representative a report on the effects of the trade agreement. ``(2) Contents of report.--The report required under paragraph (1) shall include an advisory opinion assessing-- ``(A) the extent to which the trade agreement promotes the economic interests of the United States; ``(B) the extent to which the trade agreement promotes public health and promotes the goal of protecting the environment in the United States and in any other country affected by the agreement; ``(C) for each appropriate sectoral or functional committee, the extent to which the trade agreement provides for equity and reciprocity within the sector or functional area with respect to which the committee has responsibility; and ``(D) a summary of any dissenting opinion written by a member of a committee involved in developing the report. ``(3) Public availability.--The report required under paragraph (1) shall be made publicly available on the Web site of the United States Trade Representative unless the President determines that making the report publicly available would result in the disclosure of confidential or privileged trade secrets or commercial or financial information, interfere with diplomatic relations, or endanger the national security of the United States. ``(4) Appropriate committees defined.--In this subsection, the term `appropriate' means, with respect to a committee, that the committee was established under subsection (c) to provide advice on matters affected by the trade agreement with respect to which a report is submitted under paragraph (1).''.

Amends the Trade Act of 1974 to require the President to establish a Public Health Advisory Committee on Trade. Requires the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nonprofit nongovernmental public health organizations or coalitions that promote the public health, increase access to affordable health-related services or products, or prevent and reduce major disease, illness, or a public health problem. Requires the United States Trade Representative (USTR) and the Secretaries of Agriculture, Commerce, Health and Human Services (HHS), Labor, Defense, or other executive departments to seek written advisory opinions from the advisory committees established under such Act throughout the trade agreement negotiation process. Requires such committees, each appropriate policy committee, and each appropriate sectoral or functional committee, before the President's notification to Congress of an intention to enter into a trade agreement, to report to the President, Congress, and the USTR on the effects of the trade agreement.

A bill to amend the Trade Act of 1974 to require a Public Health Advisory Committee on Trade to be included in the trade advisory committee system, to require public health organizations to be included on the Advisory Committee for Trade Policy and Negotiations and other relevant sectoral or functional advisory committees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Prosecutor Act of 2011''. SEC. 2. ESTABLISHMENT OF TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED STATES TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT. (a) Establishment.--Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended by adding at the end the following: ``SEC. 142. TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED STATES TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT. ``(a) Establishment of Trade Enforcement Division.--There is established within the Office of the United States Trade Representative a Trade Enforcement Division (in this section referred to as the `Division'). ``(b) Establishment of Position of Deputy United States Trade Representative for Trade Enforcement.-- ``(1) In general.--The Division shall be headed by a Deputy United States Trade Representative for Trade Enforcement. ``(2) Appointment and nomination.--The Deputy United States Trade Representative for Trade Enforcement shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of the Deputy United States Trade Representative for Trade Enforcement submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. ``(3) Rank.--The Deputy United States Trade Representative for Trade Enforcement shall hold office at the pleasure of the President and shall have the rank of Ambassador. ``(c) Functions of Deputy United States Trade Representative for Trade Enforcement.-- ``(1) Principal function.--The principal function of the Deputy United States Trade Representative for Trade Enforcement shall be to ensure that United States trading partners comply with trade agreements to which the United States is a party. ``(2) Additional functions.--The Deputy United States Trade Representative for Trade Enforcement shall-- ``(A) assist the United States Trade Representative in investigating and prosecuting disputes before the World Trade Organization and pursuant to other bilateral or regional trade agreements to which the United States is a party; ``(B) assist the United States Trade Representative in carrying out the United States Trade Representative's functions under section 141(d); ``(C) make recommendations with respect to the administration of United States trade laws relating to barriers imposed by foreign governments to the importation of United States goods, services, and intellectual property, and other trade matters; and ``(D) perform such other functions as the United States Trade Representative may direct. ``(d) Office of Trade Assistance for Small Business.-- ``(1) Establishment.--There is established within the Division the Office of Trade Assistance for Small Business. ``(2) Functions.--The Office of Trade Assistance for Small Business shall provide technical and legal assistance and advice to eligible small businesses to enable such small businesses to prepare and file petitions (other than those that, in the opinion of the Office, are frivolous) under section 302. ``(3) Eligible small business defined.--The term `eligible small business' means any business concern that, in the judgment of the Office of Trade Assistance for Small Business, due to its size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and complaints under section 302. In determining whether a business concern is an eligible small business, the Office of Trade Assistance for Small Business may consult with the Administrator of the Small Business Administration and the heads of other appropriate Federal departments and agencies.''. (b) Conforming Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 141 the following: ``Sec. 142. Trade Enforcement Division and Deputy United States Trade Representative for Trade Enforcement.''. (c) Compensation for Deputy United States Trade Representative for Trade Enforcement.--Section 5314 of title 5, United States Code, is amended by striking ``Deputy United States Trade Representatives (3).'' and inserting ``Deputy United States Trade Representatives (4).''. (d) Conforming Repeal.--Section 2112 of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3812) is repealed. SEC. 3. ESTABLISHMENT OF CHIEF MANUFACTURING NEGOTIATOR. (a) Establishment of Position.--Section 141(b)(2) of the Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended to read as follows: ``(2) There shall be in the Office 3 Deputy United States Trade Representatives (in addition to the Deputy United States Trade Representative for Trade Enforcement established under section 142), 1 Chief Agricultural Negotiator, and 1 Chief Manufacturing Negotiator who shall all be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Manufacturing Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Manufacturing Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador.''. (b) Functions of Position.--Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended-- (1) by moving paragraph (5) 2 ems to the left; and (2) by adding at the end the following new paragraph: ``(6)(A) The principal function of the Chief Manufacturing Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States manufacturing products and services. The Chief Manufacturing Negotiator shall be a vigorous advocate on behalf of United States manufacturing interests and shall perform such other functions as the United States Trade Representative may direct. ``(B) Not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Chief Manufacturing Negotiator shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the actions taken by the Chief Manufacturing Negotiator in the preceding year.''. (c) Compensation.--Section 5314 of title 5, United States Code, as amended by section 101(c), is further amended by inserting ``Chief Manufacturing Negotiator.'' after ``Chief Agricultural Negotiator.''. (d) Technical Amendments.--Section 141(e) of the Trade Act of 1974 (19 U.S.C. 2171(e)) is amended-- (1) in paragraph (1), by striking ``5314'' and inserting ``5315''; and (2) in paragraph (2), by striking ``the maximum rate of pay for grade GS-18, as provided in section 5332'' and inserting ``the maximum rate of pay for level IV of the Executive Schedule in section 5315''.

Trade Prosecutor Act of 2011 - Amends the Trade Act of 1974 to establish within the Office of the United States Trade Representative (USTR) a Trade Enforcement Division. Establishes the position of Deputy United States Trade Representative for Trade Enforcement to head the Trade Enforcement Division. Requires the Deputy to ensure that our trading partners comply with trade agreements to which this country is a party. Establishes within the Trade Enforcement Division an Office of Trade Assistance for Small Business to provide technical and legal assistance and advice to certain small businesses that enables them to prepare and file petitions for a USTR response to violations of trade agreements by foreign governments. Establishes within the Office of the USTR the position of Chief Manufacturing Negotiator. Requires the Chief Manufacturing Negotiator to act as a vigorous advocate on behalf of this country's manufacturing interests.

A bill to establish a Trade Enforcement Division in the Office of the United States Trade Representative, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Metropolitan Medical Response System Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) In its January 2010 report card, the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism stated that the Federal Government must ``become a stronger advocate for citizen, community, state, and regional preparedness to effectively respond'' to both natural disasters and man-made events. (2) The Metropolitan Medical Response System (MMRS) is the only program at the Federal level that supports the integration of local emergency management, law enforcement, and health and medical systems into a coordinated response to a mass casualty event caused by a weapon of mass destruction, an incident involving hazardous materials, an epidemic disease outbreak, or a natural disaster. (3) The MMRS program was established in the wake of the 1995 deadly release of sarin nerve gas in a Tokyo subway, and the 1995 bombing of the Alfred P. Murrah building in Oklahoma City. (4) The MMRS program aims to improve medical response systems, by enhancing the existing local response systems and capabilities of a community before an incident occurs. (5) The MMRS program provides tangible benefits in the form of increased operational capacity and communication, improved personnel training, stockpiled pharmaceuticals, and adequate supplies of personal protective equipment and other specialized response equipment. (6) The MMRS program supports a number of other existing Federal programs, such as the Hospital Preparedness Program, the Cities Readiness Initiative, the State Homeland Security Program, and Urban Area Security Initiative. (7) The MMRS program provides funding to 124 local jurisdictions in 43 States, covering approximately 70 percent of the United States population. (8) The MMRS program has become an increasingly vital part of our homeland security infrastructure in the wake of recent influenza outbreaks, renewed terrorists threats, and severe weather emergencies. SEC. 3. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. (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 new section: ``SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. ``(a) In General.--There is in the Department a Metropolitan Medical Response System Program (in this section referred to as the `Program'). ``(b) Purpose.--The purpose of the Program shall be to support State and local jurisdictions in preparing for and maintaining all- hazards response capabilities to manage public health and mass casualty incidents resulting from natural and man-made disasters, acts of terrorism, and epidemic disease outbreaks, by systematically enhancing and integrating first responders, public health personnel, emergency management personnel, and other participants in mass casualty management. ``(c) Program Administration.--The Assistant Secretary, Office of Health Affairs shall develop programmatic and policy guidance for the Program in coordination with the Administrator of the Federal Emergency Management Agency. ``(d) Personnel Costs.--The Program shall not be subject to an administrative cap on the hiring of personnel to conduct Program activities. ``(e) Financial Assistance.-- ``(1) Authorization of contracts.-- ``(A) In general.--The Secretary, through the Administrator of the Federal Emergency Management Agency and subject to the availability of appropriations, may enter into contracts under this section with local jurisdictions to assist in preparing for and responding to mass casualty incidents. ``(B) Consultation.--In developing guidance for contracts authorized under this subsection, the Administrator shall consult with the Assistant Secretary, Office of Health Affairs. ``(2) Use of funds.--A contract entered into under this subsection may be used to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard, including-- ``(A) to strengthen medical surge capacity; ``(B) to strengthen mass prophylaxis capabilities including development and maintenance of an initial pharmaceutical stockpile sufficient to protect first responders, their families, and immediate victims from a chemical or biological event; ``(C) to strengthen chemical, biological, radiological, nuclear, and explosive detection, response, and decontamination capabilities; ``(D) to develop and maintain mass triage and pre- hospital treatment plans and capabilities; ``(E) for planning; ``(F) to support efforts to strengthen information sharing and collaboration capabilities of regional, State, and urban areas in support of public health and medical preparedness; ``(G) for medical supplies management and distribution; ``(H) for training and exercises; ``(I) for integration and coordination of the activities and capabilities of public health personnel and medical care providers with those of other emergency response providers as well as other Federal agencies, the private sector, and nonprofit organizations, for the forward movement of patients; and ``(J) for activities aimed at increasing the awareness of the Program to Federal, State and local governments for purposes of further integrating the Program into existing capabilities. ``(3) Eligibility.-- ``(A) In general.--Except as provided in subparagraph (C), any jurisdiction that received funds through the Program for fiscal year 2009 shall be eligible for a contract under this subsection. ``(B) Additional jurisdictions.-- ``(i) Unrepresented states.-- ``(I) In general.--Except as provided in subparagraph (C), for any State in which no jurisdiction received funds through the Program for fiscal year 2009, or in which funding was received only through another State, the metropolitan statistical area in such State with the largest population of all such areas in such State shall be eligible for a contract under this subsection. ``(II) Limitation.--For each of fiscal years 2010 through 2014, no jurisdiction that would otherwise be eligible to receive a contract under subclause (I) shall be eligible for a contract under this subsection if it would result in any jurisdiction under subparagraph (A) receiving less funding than such jurisdiction received for fiscal year 2004. ``(ii) Other jurisdictions.-- ``(I) In general.--Subject to subparagraph (C), the Administrator may determine that additional jurisdictions are eligible for contracts under this subsection. ``(II) Limitation.--For each of fiscal years 2010 through 2014, the eligibility of any additional jurisdiction for contracts under this subsection is subject to the availability of appropriations beyond that necessary to-- ``(aa) ensure that each jurisdiction eligible for a contract under subparagraph (A) does not receive less funding than such jurisdiction received for fiscal year 2009; and ``(bb) provide contracts to jurisdictions eligible under clause (i). ``(C) Performance requirement after fiscal year 2010.--A jurisdiction shall not be eligible for a contract under this subsection to be funded with amounts available after fiscal year 2010 unless the Secretary determines that the jurisdiction has met the performance measures issued under subsection (f). ``(4) Distribution of funds.-- ``(A) In general.--The Administrator shall include in each contract under this subsection with a local jurisdiction a defined list of performance objectives for which funds will be distributed to the jurisdiction. ``(B) Payments.--Funds shall be distributed by the Administrator under each contract under this subsection directly to the local jurisdiction that entered into the contract. ``(5) Mutual aid.-- ``(A) Agreements.--Local jurisdictions receiving assistance under the Program are encouraged to develop and maintain memoranda of understanding and agreement with neighboring jurisdictions to support a system of mutual aid among the jurisdictions. ``(B) Contents.--A memorandum referred to in subparagraph (A) shall include, at a minimum, policies and procedures to-- ``(i) enable the timely deployment of Program personnel and equipment across jurisdictions and, if relevant, across State boundaries; ``(ii) share information in a consistent and timely manner; and ``(iii) notify State authorities of the deployment of Program resources in a manner that ensures coordination with State agencies without impeding the ability of Program personnel and equipment to respond rapidly to emergencies in other jurisdictions. ``(f) Performance Measures.--The Administrator, in coordination with the Assistant Secretary, Office of Health Affairs and the National Metropolitan Medical Response System Working Group and within one year after the date of enactment of this section, shall issue performance measures for each local jurisdiction that enters a contract under this section to allow objective evaluation of the performance and effective use of funds provided under the contract. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out the Program $75,000,000 for each of the fiscal years 2010 through 2014.''. (b) Program Review.-- (1) In general.--The Administrator of the Federal Emergency Management Agency, the Assistant Secretary, Office of Health Affairs, and the National Metropolitan Medical Response System Working Group shall jointly conduct a review of the Metropolitan Medical Response System Program, including an examination of-- (A) the goals and objectives of the Program; (B) the extent to which the goals and objectives are being met; (C) the performance metrics that can best help assess whether the Program is succeeding; (D) how the Program can be improved; (E) how the Program complements and enhances other preparedness programs supported by the Department of Homeland Security and the Department of Health and Human Services; (F) the degree to which the strategic goals, objectives, and capabilities of the Program are incorporated in State and local homeland security plans; (G) how eligibility for financial assistance, and the allocation of financial assistance, under the Program should be determined, including how allocation of assistance could be based on risk; and (H) the resource requirements of the Program. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator and the Assistant Secretary shall submit to the Committees on Homeland Security and Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the review under this subsection. (3) Consultation.--The Administrator of the Federal Emergency Management Agency shall consult with the Secretary of Health and Human Services in the implementation of paragraph (1)(E). (4) Definition.--In this subsection the term ``National Metropolitan Medical Response System Working Group'' means a group of 10 local government agency managers of contracts awarded under the Program, that-- (A) represents a population-based cross section of jurisdictions that are receiving contract funds under the Program; and (B) includes one local government agency contract manager from each of the 10 regions of the Federal Emergency Management Agency, of whom-- (i) 5 shall be appointed by the Administrator of the Federal Emergency Management Agency; and (ii) 5 shall be appointed by the Assistant Secretary, Office of Health Affairs. (c) Conforming Amendments.-- (1) Repeal.--Section 635 of the Post-Katrina Management Reform Act of 2006 (6 U.S.C. 723) is repealed. (2) Table of contents.--The table of contents contained in section 1(b) of the Homeland Security Act of 2002 is amended by adding at the end of the items relating to title V the following new item: ``Sec. 525. Metropolitan Medical Response System Program.''.

Metropolitan Medical Response System Program Act of 2010 - Amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) a Metropolitan Medical Response System Program to support state and local jurisdictions in preparing for and maintaining all-hazards response capabilities to manage public health and mass casualty incidents resulting from natural and man-made disasters, terrorist acts, and epidemic disease outbreaks, by systematically enhancing and integrating first responders, public health personnel, emergency management personnel, and other participants in mass casualty management. (Repeals provisions of the Post-Katrina Management Reform Act of 2006 regarding a Metropolitan Medical Response Program.) Directs the Assistant Secretary, Office of Health Affairs, to develop programmatic and policy guidance for the Program in coordination with the Administrator of the Federal Emergency Management Agency (FEMA). Authorizes the Secretary, through the Administrator, to enter in contracts with local jurisdictions to assist in preparing for and responding to mass casualty incidents. Authorizes the use of contracts to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard. Sets forth eligibility requirements. Encourages local jurisdictions receiving assistance under the Program to develop and maintain memoranda of understanding and agreement with neighboring jurisdictions to support a system of mutual aid among the jurisdictions. Requires the Administrator: (1) in coordination with the Assistant Secretary, Office of Health Affairs, and a National Metropolitan Medical Response System Working Group, to issue performance measures for each local jurisdiction that enters a contract under this Act; and (2) together with the Assistant Secretary and the Working Group, to conduct a review of the Program.

To amend the Homeland Security Act of 2002 to authorize the Metropolitan Medical Response System Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George E. Brown, Jr. Hydrogen Future Act''. SEC. 2. PURPOSES. Section 102(b)(2) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401(b)(2)) is amended by striking ``among the Federal agencies and aerospace, transportation, energy, and other entities'' and inserting ``, including education, among the Federal agencies and industry, transportation entities, energy entities, and other entities''. SEC. 3. REPORT TO CONGRESS. Section 103 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12402) is amended-- (1) in subsection (a), by striking ``1999,'' and inserting ``2003,''; (2) in subsection (b), by striking paragraph (1) and inserting the following: ``(1) an analysis of hydrogen-related activities throughout the United States Government to identify productive areas for increased intergovernmental collaboration; and''; and (3) by adding at the end the following: ``(c) Requirements.--The report under subsection (a) shall-- ``(1) be based on a comprehensive coordination plan for hydrogen energy prepared by the Department with other Federal agencies; and ``(2) to the extent practicable, include State and local activities.''. SEC. 4. TECHNOLOGY TRANSFER. Section 106 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12405) is amended-- (1) in subsection (b)-- (A) in the first sentence-- (i) in paragraph (1), by striking ``an inventory'' and inserting ``an update of the inventory''; and (ii) in paragraph (2), by inserting ``other Federal agencies as appropriate,'' before ``and industry''; and (B) by striking the second and third sentences; and (2) by adding at the end the following: ``(c) Information Exchange Program Activities.--The information exchange program under subsection (b)-- ``(1) may consist of workshops, publications, conferences, and a database for the use by the public and private sectors; and ``(2) shall foster the exchange of generic, nonproprietary information and technology, developed under this Act, among industry, academia, and the Federal Government, to help the United States economy attain the economic benefits of the information and technology.''. SEC. 5. TECHNICAL PANEL REVIEW. Section 108(d) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407(d)) is amended-- (1) in the matter preceding paragraph (1), by striking ``the following items''; (2) in paragraph (1), by striking ``and'' at the end; (3) in paragraph (2), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(3) the plan developed by the interagency task force under section 202(b) of the Hydrogen Future Act of 1996.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 109 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12408) is amended-- (1) in paragraph (8), by striking ``and''; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(10) $40,000,000 for fiscal year 2002; ``(11) $45,000,000 for fiscal year 2003; ``(12) $50,000,000 for fiscal year 2004; ``(13) $55,000,000 for fiscal year 2005; and ``(14) $60,000,000 for fiscal year 2006.''. SEC. 7. FUEL CELLS. (a) Integration of Fuel Cells With Hydrogen Production Systems.-- Section 201(a) of the Hydrogen Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) is amended-- (1) by striking ``(a) Not later than 180 days after the date of enactment of this section, and subject'' and inserting ``(a) In General.--Subject''; and (2) by striking ``with--'' and all that follows and inserting ``into Federal and State facilities for stationary and transportation applications.''. (b) Cooperative and Cost-Sharing Agreements; Integration of Technical Information.--Title II of the Hydrogen Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) is amended-- (1) by redesignating section 202 as section 205; and (2) by inserting after section 201 the following: ``SEC. 202. INTERAGENCY TASK FORCE. ``(a) Establishment.--Not later than 120 days after the date of enactment of this section, the Secretary shall establish an interagency task force led by a Deputy Assistant Secretary of the Department of Energy and comprised of representatives of-- ``(1) the Office of Science and Technology Policy; ``(2) the Department of Transportation; ``(3) the Department of Defense; ``(4) the Department of Commerce (including the National Institute for Standards and Technology); ``(5) the Environmental Protection Agency; ``(6) the National Aeronautics and Space Administration; and ``(7) other agencies as appropriate. ``(b) Duties.-- ``(1) In general.--The task force shall develop a plan for carrying out this title. ``(2) Focus of plan.--The plan shall focus on development and demonstration of integrated systems and components for-- ``(A) hydrogen production, storage, and use in Federal buildings; ``(B) power generation; and ``(C) transportation systems. ``(3) Projects.--The plan may provide for projects to demonstrate the feasibility of-- ``(A) hydrogen-based distributed power systems; ``(B) systems for hydrogen-based generation of combined heat, power, and other products; and ``(C) hydrogen-based infrastructure for transportation systems (including zero-emission vehicles).''. ``SEC. 203. COOPERATIVE AND COST-SHARING AGREEMENTS. ``The Secretary shall enter into cooperative and cost-sharing agreements with Federal and State agencies for participation by the agencies in demonstrations at sites administered by the agencies, with the aim of replacing commercially available systems based on fossil fuels with systems using fuel cells. ``SEC. 204. INTEGRATION OF TECHNICAL INFORMATION. ``The Secretary shall-- ``(1) integrate all the technical information that becomes available as a result of development and demonstration projects under this title; and ``(2) make the information available to all Federal and State agencies.''. (c) Authorization of Appropriations.--Section 205 of the Hydrogen Future Act of 1996 (42 U.S.C. 12403 note; Public Law 104-271) (as redesignated by subsection (b)) is amended by striking ``this section, a total of $50,000,000 for fiscal years 1997 and 1998, to remain available until September 30, 1999'' and inserting ``this title $50,000,000 for fiscal years 2002, 2003, and 2004, to remain available until September 30, 2005''.

Modifies information exchange guidelines pertaining to the technology transfer program. Authorizes appropriations. Amends the Hydrogen Future Act of 1996 to instruct the Secretary of Energy to: (1) solicit proposals to prove the feasibility of integrating fuel cells into Federal and State facilities for stationary and transportation applications; (2) establish an interagency task force to develop an implementation plan regarding fuel cell integration with hydrogen production systems; (3) enter into cooperative and cost-sharing agreements with Federal and State agencies for demonstration programs to replace commercially available fossil fuel systems with fuel cell systems; and (4) disseminate the ensuing technical information to such agencies. Authorizes appropriations.

George E. Brown, Jr. Hydrogen Future Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Vaccine Supply Act''. SEC. 2. SUPPLY OF VACCINES. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended by adding at the end the following: ``Subtitle 3--Adequate Vaccine Supply ``SEC. 2141. SUPPLY OF VACCINES. ``(a) In General.-- ``(1) Plan.--Not later than 3 months after the date of enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop a plan for the purchase, storage, and rotation of a supply of vaccines sufficient to provide routinely recommended vaccinations for a 6-month period for-- ``(A) a national stockpile of vaccines for all children as authorized under section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)); and ``(B) adults. ``(2) Supply.--The supply of vaccines under paragraph (1) shall-- ``(A) include all vaccines routinely recommended for children by the Advisory Committee on Immunization Practices; ``(B) include all vaccines routinely recommended for adults by the Advisory Committee on Immunization Practices; and ``(C) include other vaccines, as designated by the Secretary, that contribute to public health preparedness efforts. ``(3) Supply authority.--The Secretary shall carry out-- ``(A) paragraph (2)(A) using the authority provided for under section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)); and ``(B) paragraph (2)(B) using-- ``(i) the authority provided for under section 317; and ``(ii) any other authority relating to the vaccines described in such paragraph. ``(b) Submission of Plan.-- ``(1) In general.--Not later than 6 months after the date of enactment of this section, the Secretary shall submit the plan developed under subsection (a) to-- ``(A) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(B) the Committee on Finance of the Senate; and ``(C) the Committee on Energy and Commerce of the House of Representatives. ``(2) Inclusions.--The plan shall include a discussion of the considerations that formed-- ``(A) the basis for the plan; and ``(B) the prioritization of the schedule for purchasing vaccines set forth in the plan. ``(c) Implementation of the Plan.--Not later than September 30, 2008, the Secretary shall fully implement the plan developed under subsection (a). ``(d) Notice.-- ``(1) In general.--For the purposes of maintaining and administering the supply of vaccines described under subsection (a), the Secretary shall require by contract that the manufacturer of a vaccine included in such supply provide not less than 1 year notice to the Secretary of a discontinuance of the manufacture of the vaccine, or of other factors, that may prevent the manufacturer from providing vaccines pursuant to an arrangement made to carry out this section. ``(2) Reduction of period of notice.--The notification period required under paragraph (1) may be reduced if the manufacturer certifies to the Secretary that good cause exists for reduction, under the conditions described in section 506C(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c). ``(e) Proceeds.--Any proceeds received by the Secretary from the sale of vaccines contained in the supply maintained pursuant to this section, shall be available to the Secretary for the purpose of purchasing additional vaccines for the supply. Such proceeds shall remain available until expended. ``(f) Ongoing Reports.-- ``(1) In general.--Not later than 2 years after submitting the plan pursuant to subsection (b), and periodically thereafter, the Secretary shall submit a report to the Committees identified in subsection (b)(1) that-- ``(A) details the progress made in implementing the plan developed under subsection (a); and ``(B) notes impediments, if any, to implementing the plan developed under subsection (a). ``(2) Recommendation.--The Secretary shall include in the first of such reports required under paragraph (1)-- ``(A) a recommendation as to whether the vaccine supply should be extended beyond the 6-month period provided in subsection (a); and ``(B) a discussion of the considerations that formed the recommendation under subparagraph (A). ``(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 2012.''.

Improved Vaccine Supply Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a plan for the purchase, storage, and rotation of a six-month supply of vaccines routinely recommended for children and adults and vaccines that contribute to public health preparedness efforts. Requires the Secretary to: (1) fully implement the plan; and (2) require manufacturers of vaccines included in such supply to provide at least one year notice of a discontinuance of the manufacture of a vaccine.

A bill to amend the Public Health Service Act to improve immunization rates by increasing the supply of vaccines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Focus on Family Health Worldwide Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1965, the people and Government of the United States have supported international voluntary family planning programs, increasing the use of modern contraceptives in the developing world from fewer than 10 percent of couples in 1965 to more than 40 percent of couples today. (2) United States funding for international family planning is today providing services to 20 million couples in the world's poorest countries, contributing to family well-being by improving maternal health, reducing maternal and infant deaths, preventing abortions, and improving the lives of millions of families. (3) The United States spends on average three cents per American per week for international family planning programs. (4) In the developing world, the use of modern contraceptives reduces unintended pregnancies and the probability that a woman will have an abortion by 85 percent. (5) President George W. Bush has stated that one of the best ways to prevent abortion is by providing quality voluntary family planning programs. (6) In developing countries at least 120 million married couples who would like to postpone their next pregnancy, or have no more children, do not have access to or are not using modern contraception. (7) In sub-Saharan Africa, 46 percent of women who desire to delay or end childbearing remain without access to voluntary family planning and at risk of unintended pregnancy. (8) Each year more than 525,000 women die from causes related to pregnancy and childbirth with 99 percent of these deaths occurring in developing countries. An additional eight million women each year suffer serious health complications from pregnancy and childbirth. (9) A lack of birth spacing resulting in birth intervals of 9 to 14 months increases the risk of maternal death by 250 percent. (10) Birth spacing of at least 36 months is associated with the lowest mortality risk for infants and children under five years of age. (11) Approximately 10.8 million children under the age of five die each year, more than 30,000 every day, frequently from low birth-weight or from causes related to complications in the mother's pregnancy. (12) Providing access to modern contraception in less developed countries could prevent 1.4 million infant deaths and 142,000 maternal deaths annually. (13) Linking family planning programs with HIV/AIDS prevention, care, and treatment programs helps to meet the multiple health needs of couples while effectively using scarce financial and human resources. (14) For HIV-positive women, family planning is the most efficacious and cost-effective intervention to prevent unintended pregnancies, decrease the risk of maternal death, and avoid the transmission of HIV from mother-to-child, premature birth, low birth weight, or infant death. (15) Rapid population growth over-stresses vital resources, such as water, agricultural land, forests, and wildlife, contributing to extreme poverty, infectious disease, limited access to education, environmental destruction, food insecurity, and resultant malnutrition. (16) Malnutrition in children is a contributing factor to more than one-half of all child mortality, and malnutrition in mothers account for a substantial proportion of neonatal mortality. (17) United States-funded family planning programs have been successfully linked with the conservation of natural resources to ease growing population pressures, improve food security, and keep families healthy and communities economically viable. (18) Between 2005 and 2050, if family planning needs remain unmet, the population is expected to grow by more than 300 percent in the developing countries of Afghanistan, Burkina Faso, Burundi, Chad, the Democratic Republic of the Congo, the Republic of the Congo, Guinea-Bissau, Liberia, Mali, Niger, the Democratic Republic of Timor-Leste, and Uganda. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that it should be a United States policy objective to-- (1) partner with developing countries to expand access to voluntary family planning programs and the supply of modern contraceptives in order to-- (A) meet growing demand to allow couples to achieve their desired family size; (B) reduce maternal and child mortality; (C) reduce unintended pregnancies and resulting abortions; (D) reduce the incidence of HIV transmission from mother-to-child and extend the lives of HIV-positive women thus reducing the number of orphaned children; (E) conserve vital natural resources, including water, agricultural land, and forested lands; (F) improve food security; and (G) enhance opportunities for lasting social and economic development; and (2) strengthen public heath initiatives worldwide by provide training, research, and services for a wide variety of modern contraceptives and family planning methods that are designed and implemented based on-- (A) community participation; (B) the needs and values of beneficiaries; and (C) adherence to the principles of voluntary participation and informed consent. SEC. 4. ASSISTANCE TO IMPROVE VOLUNTARY FAMILY PLANNING PROGRAMS IN DEVELOPING COUNTRIES. (a) Amendments.--Section 104(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(b)) is amended-- (1) in the first sentence, by striking ``In order to'' and inserting the following: ``(1) In general.--In order to''; and (2) by adding at the end the following new paragraph: ``(2) Assistance to improve voluntary family planning programs.-- ``(A) In general.--The President, acting through the Administrator of the United States Agency for International Development, is authorized to provide assistance, on such terms and conditions as the President may determine, to improve voluntary family planning programs in developing countries. ``(B) Activities supported.--Assistance provided under subparagraph (A) shall, to the maximum extent practicable, be used to-- ``(i) improve public knowledge of voluntary family planning programs, including the availability of modern contraceptives and the health, economic, and natural resource benefits of voluntary family planning for individuals, families, and communities; ``(ii) support a wide range of public and private voluntary family planning programs, including networks for community-based and subsidized commercial distribution of modern contraceptives; ``(iii) expand formal and informal training for health care providers, health educators, including peer educators and outreach workers, managers, traditional birth attendants, counselors, and community-based distribution agents; ``(iv) provide improved coordination between voluntary family planning programs and programs that receive United States Government assistance for the prevention of HIV/AIDS and other sexually transmitted infections, the prevention of mother-to-child HIV transmission, and the testing, treatment, and care of persons infected with HIV/AIDS and affected by HIV/AIDS to strengthen activities under such programs and enhance the cost-effectiveness of such programs; and ``(v) strengthen supply chain logistics for the procurement and reliable distribution of safe and effective modern contraceptives, including coordination with the supply chain for HIV/AIDS prevention, care, and treatment, to allow for maximum efficiency and cost- savings. ``(C) Priority.--In providing assistance under this paragraph, priority shall be given to developing countries with acute family planning and maternal health needs based on criteria such as-- ``(i) the level of unmet need for voluntary family planning and modern contraceptives; ``(ii) fertility rates; ``(iii) high-risk birth rates; ``(iv) the number of births unattended by skilled attendants; ``(v) maternal mortality rates; ``(vi) rates of mortality for infants and children under the age of five; ``(vii) abortion rates; ``(viii) the level of HIV/AIDS in women of reproductive age; and ``(ix) additional criteria or country conditions, such as conflict, humanitarian crisis, large populations of refugees or internally displaced persons, or areas in which population growth threatens food security, vital natural resources, biodiversity, or endangered species. ``(D) Definitions.--In this paragraph: ``(i) AIDS.--The term `AIDS' has the meaning given the term in section 104A(g)(1) of this Act. ``(ii) HIV.--The term `HIV' has the meaning given the term in section 104A(g)(2) of this Act. ``(iii) HIV/AIDS.--The term `HIV/AIDS' has the meaning given the term in section 104A(g)(3) of this Act.''. (b) Effective Date.--The authority to provide assistance under section 104(b)(2) of the Foreign Assistance Act of 1961, as added by subsection (a), applies with respect to fiscal year 2007 and subsequent fiscal years. SEC. 5. REPORT. (a) Report.--Not later than one year after the date of the enactment of this Act, and biennially thereafter, the President, acting through the Administrator of the United States Agency for International Development, shall transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the implementation of section 104(b)(2) of the Foreign Assistance Act of 1961 (as added by section 4(a)). (b) Contents.--The report shall include-- (1) a description of efforts to implement the policies set forth in section 104(b)(2) of the Foreign Assistance Act of 1961; (2) a description of the programs established pursuant to such section; and (3) a detailed assessment of the impact of programs established pursuant to such section, including-- (A) an estimate of annual expenditures on modern contraceptive commodities and activities in support of voluntary family planning programs on a country-by- country basis, to be based on information supplied by national governments, donor agencies, and private sector entities, to the maximum extent practicable; (B) an assessment by country of the current unmet need for, availability, and use of modern contraception; (C) an assessment of prior year and proposed allocations of modern contraceptives in voluntary family planning assistance by country, which describes how each country's allocation meets the country's needs; and (D) a description of the quality of funded voluntary family planning programs, as measured by survey data or best available estimates, including-- (i) types of modern contraceptive methods offered to significant subgroups (defined by age, gender, income, and health profile, among others) on a reliable basis; (ii) information provided to beneficiaries to enable decision making regarding benefits, risks, and efficacy of modern contraceptives; (iii) mechanisms to encourage sustainability of voluntary family planning programs; and (iv) voluntary family planning programs that are effective in responding to individual health needs of beneficiaries. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the President to carry out section 104(b)(2) of the Foreign Assistance Act of 1961, as added by section 4(a) of this Act-- (1) $600,000,000 for fiscal year 2007; (2) $700,000,000 for fiscal year 2008; (3) $800,000,000 for fiscal year 2009; (4) $900,000,000 for fiscal year 2010; and (5) $1,000,000,000 for fiscal year 2011.

Focus on Family Health Worldwide Act of 2005 - Amends the Foreign Assistance Act of 1961 to authorize the President, through the United States Agency for International Development (USAID), to provide assistance for voluntary family planning programs in developing countries, including activities to: (1) improve public knowledge of voluntary family planning programs; (2) support public and private voluntary family planning programs, including networks for community-based and subsidized commercial distribution of contraceptives; (3) expand training for health care providers and educators; (4) provide improved coordination between voluntary family planning programs and programs that receive U.S. assistance for the prevention of HIV/AIDS and other sexually transmitted infections; and (5) strengthen supply chain logistics for the procurement and distribution of safe contraceptives, including coordination with the supply chain for HIV/AIDS prevention, care, and treatment. Gives priority to developing countries with acute family planning and maternal health needs. Authorizes appropriations.

To amend the Foreign Assistance Act of 1961 to improve voluntary family planning programs in developing countries, and for other purposes.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Investment Competitiveness Act of 1997''. (b) Amendment of 1986 Code.--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. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED INVESTMENT COMPANIES. (a) Treatment of Certain Dividends.-- (1) Nonresident alien individuals.--Section 871 (relating to tax on nonresident alien individuals) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Exemption for Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any interest- related dividend received from a regulated investment company. ``(B) Exceptions.--Subparagraph (A) shall not apply-- ``(i) to any interest-related dividend received from a regulated investment company by a person to the extent such dividend is attributable to interest (other than interest described in subparagraph (E) (i) or (iii)) received by such company on indebtedness issued by such person or by any corporation or partnership with respect to which such person is a 10-percent shareholder, ``(ii) to any interest-related dividend with respect to stock of a regulated investment company unless the person who would otherwise be required to deduct and withhold tax from such dividend under chapter 3 receives a statement (which meets requirements similar to the requirements of subsection (h)(5)) that the beneficial owner of such stock is not a United States person, and ``(iii) to any interest-related dividend paid to any person within a foreign country (or any interest-related dividend payment addressed to, or for the account of, persons within such foreign country) during any period described in subsection (h)(6) with respect to such country. Clause (iii) shall not apply to any dividend with respect to any stock which was acquired on or before the date of the publication of the Secretary's determination under subsection (h)(6). ``(C) Interest-related dividend.--For purposes of this paragraph, an interest-related dividend is any dividend (or part thereof) which is designated by the regulated investment company as an interest-related dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified net interest income of the company for such taxable year, the portion of each distribution which shall be an interest-related dividend shall be only that portion of the amounts so designated which such qualified net interest income bears to the aggregate amount so designated. ``(D) Qualified net interest income.--For purposes of subparagraph (C), the term `qualified net interest income' means the qualified interest income of the regulated investment company reduced by the deductions properly allocable to such income. ``(E) Qualified interest income.--For purposes of subparagraph (D), the term `qualified interest income' means the sum of the following amounts derived by the regulated investment company from sources within the United States: ``(i) Any amount includible in gross income as original issue discount (within the meaning of section 1273) on an obligation payable 183 days or less from the date of original issue (without regard to the period held by the company). ``(ii) Any interest includible in gross income (including amounts recognized as ordinary income in respect of original issue discount or market discount or acquisition discount under part V of subchapter P and such other amounts as regulations may provide) on an obligation which is in registered form; except that this clause shall not apply to-- ``(I) any interest on an obligation issued by a corporation or partnership if the regulated investment company is a 10-percent shareholder in such corporation or partnership, and ``(II) any interest which is treated as not being portfolio interest under the rules of subsection (h)(4). ``(iii) Any interest referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company). ``(iv) Any interest-related dividend includable in gross income with respect to stock of another regulated investment company. ``(F) 10-percent shareholder.--For purposes of this paragraph, the term `10-percent shareholder' has the meaning given such term by subsection (h)(3)(B). ``(2) Short-term capital gain dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any short-term capital gain dividend received from a regulated investment company. ``(B) Exception for aliens taxable under subsection (a)(2).--Subparagraph (A) shall not apply in the case of any nonresident alien individual subject to tax under subsection (a)(2). ``(C) Short-term capital gain dividend.--For purposes of this paragraph, a short-term capital gain dividend is any dividend (or part thereof) which is designated by the regulated investment company as a short-term capital gain dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified short-term gain of the company for such taxable year, the portion of each distribution which shall be a short-term capital gain dividend shall be only that portion of the amounts so designated which such qualified short-term gain bears to the aggregate amount so designated. ``(D) Qualified short-term gain.--For purposes of subparagraph (C), the term `qualified short-term gain' means the excess of the net short-term capital gain of the regulated investment company for the taxable year over the net long-term capital loss (if any) of such company for such taxable year. For purposes of this subparagraph-- ``(i) the net short-term capital gain of the regulated investment company shall be computed by treating any short-term capital gain dividend includible in gross income with respect to stock of another regulated investment company as a short-term capital gain, and ``(ii) the excess of the net short-term capital gain for a taxable year over the net long-term capital loss for a taxable year (to which an election under section 4982(e)(4) does not apply) shall be determined without regard to any net capital loss or net short-term capital loss attributable to transactions after October 31 of such year, and any such net capital loss or net short-term capital loss shall be treated as arising on the 1st day of the next taxable year. To the extent provided in regulations, clause (ii) shall apply also for purposes of computing the taxable income of the regulated investment company.'' (2) Foreign corporations.--Section 881 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Tax Not To Apply to Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1) of subsection (a) on any interest-related dividend (as defined in section 871(k)(1)) received from a regulated investment company. ``(B) Exception.--Subparagraph (A) shall not apply-- ``(i) to any dividend referred to in section 871(k)(1)(B), and ``(ii) to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company from a person who is a related person (within the meaning of section 864(d)(4)) with respect to such controlled foreign corporation. ``(C) Treatment of dividends received by controlled foreign corporations.--The rules of subsection (c)(5)(A) shall apply to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company which is described in clause (ii) of section 871(k)(1)(E) (and not described in clause (i) or (iii) of such section). ``(2) Short-term capital gain dividends.--No tax shall be imposed under paragraph (1) of subsection (a) on any short-term capital gain dividend (as defined in section 871(k)(2)) received from a regulated investment company.'' (3) Withholding taxes.-- (A) Subsection (c) of section 1441 is amended by adding at the end the following new paragraph: ``(12) Certain dividends received from regulated investment companies.-- ``(A) In general.--No tax shall be required to be deducted and withheld under subsection (a) from any amount exempt from the tax imposed by section 871(a)(1)(A) by reason of section 871(k). ``(B) Special rule.--For purposes of subparagraph (A), clause (i) of section 871(k)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause. A similar rule shall apply with respect to the exception contained in section 871(k)(2)(B).'' (B) Subsection (a) of section 1442 is amended-- (i) by striking ``and the reference in section 1441(c)(10)'' and inserting ``the reference in section 1441(c)(10)'', and (ii) by inserting before the period at the end the following: ``, and the references in section 1441(c)(12) to sections 871(a) and 871(k) shall be treated as referring to sections 881(a) and 881(e) (except that for purposes of applying subparagraph (A) of section 1441(c)(12), as so modified, clause (ii) of section 881(e)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause)''. (b) Estate Tax Treatment of Interest in Certain Regulated Investment Companies.--Section 2105 (relating to property without the United States for estate tax purposes) is amended by adding at the end the following new subsection: ``(d) Stock in a RIC.-- ``(1) In general.--For purposes of this subchapter, stock in a regulated investment company (as defined in section 851) owned by a nonresident not a citizen of the United States shall not be deemed property within the United States in the proportion that, at the end of the quarter of such investment company's taxable year immediately preceding a decedent's date of death (or at such other time as the Secretary may designate in regulations), the assets of the investment company that were qualifying assets with respect to the decedent bore to the total assets of the investment company. ``(2) Qualifying assets.--For purposes of this subsection, qualifying assets with respect to a decedent are assets that, if owned directly by the decedent, would have been-- ``(A) amounts, deposits, or debt obligations described in subsection (b) of this section, ``(B) debt obligations described in the last sentence of section 2104(c), or ``(C) other property not within the United States.'' (c) Treatment of Regulated Investment Companies Under Section 897.-- (1) Paragraph (1) of section 897(h) is amended by striking ``REIT'' each place it appears and inserting ``qualified investment entity''. (2) Paragraphs (2) and (3) of section 897(h) are amended to read as follows: ``(2) Sale of stock in domestically-controlled entity not taxed.--The term `United States real property interest' does not include any interest in a domestically-controlled qualified investment entity. ``(3) Distributions by domestically-controlled qualified investment entities.--In the case of a domestically-controlled qualified investment entity, rules similar to the rules of subsection (d) shall apply to the foreign ownership percentage of any gain.'' (3) Subparagraphs (A) and (B) of section 897(h)(4) are amended to read as follows: ``(A) Qualified investment entity.--The term `qualified investment entity' means any real estate investment trust and any regulated investment company. ``(B) Domestically-controlled.--The term `domestically-controlled qualified investment entity' means any qualified investment entity in which at all times during the testing period less than 50 percent in value of the stock was held directly or indirectly by foreign persons.'' (4) Subparagraphs (C) and (D) of section 897(h)(4) are each amended by striking ``REIT'' and inserting ``qualified investment entity''. (5) The subsection heading for subsection (h) of section 897 is amended by striking ``REITS'' and inserting ``Certain Investment Entities''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after the date of the enactment of this Act. (2) Estate tax treatment.--The amendment made by subsection (b) shall apply to estates of decedents dying after the date of the enactment of this Act. (3) Certain other provisions.--The amendments made by subsection (c) (other than paragraph (1) thereof) shall take effect on the date of the enactment of this Act.

Investment Competitiveness Act of 1997 - Amends the Internal Revenue Code to exempt interest-related dividends and short-term capital gain dividends received from a regulated investment company from the 30 percent tax on the income of nonresident aliens and foreign corporations not connected with a U.S. business, subject to exception. Revises provisions concerning: (1) the estate tax treatment of stock in certain regulated investment companies owned by a nonresident; and (2) the distribution of U.S. property by a qualified investment entity (currently, a real estate investment trust).

Investment Competitiveness Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Judgeship Act of 2010''. SEC. 2. ADDITIONAL PERMANENT OFFICES OF BANKRUPTCY JUDGES. Section 152(a)(2) of title 28, United States Code, is amended-- (1) in the item relating to the eastern and western districts of Arkansas by striking ``3'' and inserting ``4''; (2) in the item relating to the eastern district of California by striking ``6'' and inserting ``8''; (3) in the item relating to the district of Delaware by striking ``1'' and inserting ``6''; (4) in the item relating to the middle district of Florida by striking ``8'' and inserting ``9''; (5) in the item relating to the northern district of Florida by striking ``1'' and inserting ``2''; (6) in the item relating to the southern district of Florida by striking ``5'' and inserting ``7''; (7) in the item relating to the northern district of Georgia by striking ``8'' and inserting ``10''; (8) in the item relating to the southern district of Georgia by striking ``2'' and inserting ``3''; (9) in the item relating to the district of Maryland by striking ``4'' and inserting ``7''; (10) in the item relating to the eastern district of Michigan by striking ``4'' and inserting ``7''; (11) in the item relating to the northern district of Mississippi by striking ``1'' and inserting ``2''; (12) in the item relating to the district of Nevada by striking ``3'' and inserting ``5''; (13) in the item relating to the district of New Hampshire by striking ``1'' and inserting ``2''; (14) in the item relating to the district of New Jersey by striking ``8'' and inserting ``9''; (15) in the item relating to the northern district of New York by striking ``2'' and inserting ``3''; (16) in the item relating to the southern district of New York by striking ``9'' and inserting ``10''; (17) in the item relating to the eastern district of North Carolina by striking ``2'' and inserting ``3''; (18) in the item relating to the western district of North Carolina by striking ``2'' and inserting ``3''; (19) in the item relating to the middle district of Pennsylvania by striking ``2'' and inserting ``3''; (20) in the item relating to the eastern district of Tennessee by striking ``3'' and inserting ``4''; (21) in the item relating to the western district of Tennessee by striking ``4'' and inserting ``5''; (22) in the item relating to the eastern district of Virginia by striking ``5'' and inserting ``6''; and (23) in the item relating to the southern district of West Virginia by striking ``1'' and inserting ``2''. SEC. 3. CONVERSION OF CERTAIN TEMPORARY OFFICES OF BANKRUPTCY JUDGES TO PERMANENT OFFICES. (a) Conversion of Certain Temporary Offices Established by Public Law 109-8.--The temporary offices of bankruptcy judges established by section 1223(b)(1) of Public Law 109-8 (28 U.S.C. 152 note) for the following districts are hereby converted so as to be included in the permanent offices of bankruptcy judges that are added by the amendments made by section 2 with respect to the corresponding districts: (1) The eastern district of California. (2) The district of Delaware. (3) The southern district of Florida. (4) The southern district of Georgia. (5) The district of Maryland. (6) The district of New Jersey. (7) The northern district of New York. (8) The southern district of New York. (9) The eastern district of North Carolina. (10) The middle district of Pennsylvania. (11) The western district of Tennessee. (12) The eastern district of Virginia. (13) The district of Nevada. (b) Conversion of Certain Temporary Offices Established by Public Law 102-361.--The temporary offices of bankruptcy judges established by section 3(a) of Public Law 102-361 (28 U.S.C. 152 note) for the following districts are hereby converted so as to be included in the permanent offices of bankruptcy judges that are added by the amendments made by section 2 with respect to the corresponding districts: (1) The district of Delaware. (2) The district of New Hampshire. (3) The eastern district of Tennessee. SEC. 4. EXTENSION OF CERTAIN TEMPORARY OFFICES OF BANKRUPTCY JUDGES ESTABLISHED BY PUBLIC LAW 109-8. (a) Extensions.--The temporary offices of bankruptcy judges established for the eastern district of Pennsylvania and the middle district of North Carolina by section 1223(b)(1) of Public Law 109-8 (28 U.S.C. 152 note) are extended until the 1st vacancy occurring in the office of a bankruptcy judge in the respective district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years or more after the date of the enactment of this Act. (b) Applicability of Other Provisions.--Except as provided in subsection (a), all other provisions of section 1223(b) of Public Law 109-8 (28 U.S.C. 152 note) remain applicable to the temporary offices of bankruptcy judges referred to in subsection (a). SEC. 5. PAYGO OFFSET. (a) Bankruptcy Filing Fees.--Section 1930(a) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A) by striking ``$245'' and inserting ``$246''; and (B) in subparagraph (B) by striking ``$235'' and inserting ``$236''; and (2) in paragraph (3) by striking ``$1,000'' and inserting ``$1,042''. (b) United States Trustee Fund.--Section 589a(b) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A) by striking ``40.46'' and inserting ``40.28''; and (B) in subparagraph (B) by striking ``28.33'' and inserting ``28.15''; and (2) in paragraph (2) by striking ``55'' and inserting ``52.78''. (c) Collection and Deposition of Miscellaneous Bankruptcy Fees.-- Section 406(b) of the Judiciary Appropriations Act, 1990 (Public Law 101-162; 28 U.S.C. 1931 note) is amended-- (1) by striking ``28.87'' and inserting ``28.74''; (2) by striking ``35.00'' and inserting ``34.77''; and (3) by striking ``25'' and inserting ``23.99''. SEC. 6. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Special Effective Date.--The amendments made by section 5 shall take effect 180 days after the date of the enactment of this Act. Passed the House of Representatives March 12, 2010. Attest: LORRAINE C. MILLER, Clerk.

Bankruptcy Judgeship Act of 2010 - Amends the federal judicial code to authorize the appointment of additional permanent bankruptcy judges in various states. Converts certain temporary offices of bankruptcy judges to permanent offices in specified states. Extends certain temporary offices of bankruptcy judges previously authorized for Pennsylvania and North Carolina. Increases bankruptcy filing fees. Reduces the amount of bankruptcy fees to be deposited as offsetting collections to the United States Trustee System Fund.

To authorize the appointment of additional bankruptcy judges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Declaration of Official Language Act of 2001''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Preserving and enhancing the role of the official language. ``163. Duties of citizenship. ``164. Reform of naturalization requirement. ``165. Exceptions. ``166. Preemption. ``167. Construction. ``168. Enforcement. ``169. Prohibition. ``Sec. 161. Declaration of official language ``English is the official language of the Government of the United States. ``Sec. 162. Preserving and enhancing the role of the official language ``The Government of the United States shall preserve and enhance the role of English as the official language of the United States of America. Unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, that does not create a legal entitlement to additional services in that language or any language other than English.''. ``Sec. 163. Duties of citizenship ``All United States citizens should be encouraged to read, write, and speak English to the extent of their physical and mental abilities. ``Sec. 164. Reform of naturalization requirements ``(a) It has been the long-standing 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 American society. ``(b) The Immigration and Naturalization Service shall-- ``(1) enforce the established English language proficiency standard for all applicants for United States citizenship, and ``(2) conduct all naturalization ceremonies entirely in English. ``Sec. 165. Exceptions ``This chapter does not apply to the use of a language other than English for-- ``(1) religious purposes, ``(2) training in foreign languages for international communication, ``(3) use of non-English terms of art in government documents, ``(4) law enforcement, or ``(5) scientific terminology. ``Sec. 166. Preemption ``This chapter preempts any Federal law, regulation, policy guidance, agency ruling or determination, or any other Federal action or policy which is inconsistent with this chapter. ``Sec. 167. Construction ``This Act is not intended to affect programs in schools designed to encourage students to learn foreign languages. ``Sec. 168. Enforcement ``(a) Cause of Action.--Whoever is injured by a violation of this chapter may, in a civil action, obtain appropriate relief. ``(b) Attorney's Fees.--In any action under this chapter, the court may allow a prevailing party, other than the United States, a reasonable attorney's fee as part of costs. ``Sec. 169. Prohibition ``No agency or department of the United States shall require the government of any State or subdivision thereof, or any person or organization, to communicate or provide materials in any language other than English.''. (b) Clerical 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 Government............................. 161''. SEC. 3. REPEAL OF BILINGUAL EDUCATION ACT. (a) Repeal of Bilingual Education Act.--The Bilingual Education Act (20 U.S.C. 7401 et seq.) is repealed. (b) Termination of Office of Bilingual Education and Minority Languages Affairs.-- (1) In general.--The Office of Bilingual Education and Minority Languages Affairs in the Department of Education is terminated. (2) Repeal of conforming provisions.--Sections 209, 216, and 413(b)(1)(A) of the Department of Education Organization Act are repealed. (c) Unobligated Funds.--At the end of the transition period described in subsection (d)(2), the Secretary shall deposit in the general fund of the Treasury any funds that have not been awarded or obligated for grants under the Bilingual Education Act (20 U.S.C. 7401 et seq.). (d) Transitional Provisions.-- (1) Completion of programs during current school year.-- Subsection (a) shall not apply to any program under the Bilingual Education Act (20 U.S.C. 7401 et seq.) until completion of the most recent school year of the program that commences after the date of the enactment of this Act. (2) Assistance for transition to special alternative instructional programs.--During the 1-year period beginning on the date of the enactment of this Act, the Secretary of Education may assist local educational agencies in the transition of children enrolled in programs assisted under the Bilingual Education Act (20 U.S.C 7401 et seq.) to special alternative instructional programs (as such programs are described in section 7501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7601) that do not make use of the native language of the student. SEC. 4. CONSTRUCTION. Nothing in this Act shall be construed as requiring that a State or local educational agency develop, implement, provide, or maintain a program of bilingual education. SEC. 5. RELEASE FROM DECREE. Any consent decree entered into with a State, locality, or local educational agency, and either the Department of Health, Education, and Welfare, or the Department of Education that requires such State, locality, or local educational agency to develop, implement, provide, or maintain any form of bilingual education is void. SEC. 6. EFFECTIVE DATE. Except as provided in subsections (c) and (d) of section 3, this Act shall take effect on the date of the enactment of this Act. SEC. 7. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.-- Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 7.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) 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)''; (B) 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)''; and (C) in paragraphs (1)(B) and (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 abridgments 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''.

Declaration of Official Language Act of 2001 - Declares English to be the official language of the U.S. Government, and requires the U.S. Government to preserve and enhance the role of English as the official language of the U.S.A.Makes this Act inapplicable to the use of a language other than English for: (1) religious purposes; (2) for training in foreign languages for international communication; (3) terms of art in Government documents; (4) law enforcement; or (5) scientific terminology. Declares that this Act is not intended to affect programs in schools designed to encourage students to learn foreign languages.Directs the Immigration and Naturalization Service to: (1) enforce the established English language proficiency standard for all applicants for U.S. citizenship; and (2) conduct all naturalization ceremonies entirely in English.Prohibits any U.S. Government agency or department from requiring any State or local government, or any person or organization, to communicate or provide materials in any language other than English.Repeals the Bilingual Education Act (title VII of the Elementary and Secondary Education Act of 1965). Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education. Releases States, local governments, and local educational agencies from certain consent decrees that require them to develop, implement, provide, or maintain any form of bilingual education.Amends the Voting Rights Act of 1965 to repeal bilingual voting requirements.

To amend title 4, United States Code, to declare English as the official language of the Government of the United States.

SECTION 1. EMPOWERING FUTURE ENTREPRENEURS. Title V of the Elementary and Secondary Education Act of 1965 is amended-- (1) by striking the title heading and inserting the following: ``TITLE V--PROMOTING EQUITY AND EMPOWERMENT''; and (2) by adding at the end the following new part: ``PART D--EMPOWERING FUTURE ENTREPRENEURS ``SEC. 5401. SHORT TITLE AND FINDINGS. ``(a) Short Title.--This part may be cited as the ``Future Entrepreneurs of America Act''. ``(b) Findings.--The Congress finds the following: ``(1) In order to reach their career goals in our dynamic American economy, young people need to take personal responsibility to obtain the skills, knowledge, constructive attitudes, and experiences that will enable them to function as creative, self-confident participants in the workforce. ``(2) Research has found that 69 percent of high school students are interested in starting their own businesses and 85 percent of such students wish their schools would do more to provide experiences in entrepreneurship and starting a business. ``(3) States have begun to express increased interest in entrepreneurship education. State educational leaders are recognizing that self-employment is a viable career option for young people and are exploring ways to better prepare them to own and operate their own businesses. ``(4) As part of a lifelong learning process, entrepreneurship education helps to increase the motivation of young people to learn, helps them develop a sense of individual opportunity, enhances their personal growth, helps them develop an appreciation of the importance of innovation, helps develop their problem solving and leadership skills, helps them learn to manage their finances, and helps them develop the sort of optimistic outlook and self-reliant attitudes that will benefit them for their entire working lives. ``(5) Entrepreneurship education integrates instruction in economic literacy, including how the economy functions, the workings of the social security system, and the importance of personal savings. ``(6) The entrepreneurs and inventors of tomorrow are in our schools today. The entrepreneurial spirit needs to be nurtured at all levels of our Nation's educational system beginning with students in grades 7 through 12. ``SEC. 5402. STATE GRANT PROGRAM. ``(a) Authority.--In any fiscal year in which the appropriations under section 5408(a) equal or exceed $50,000,000, the Secretary shall make grants to States from allocations under subsection (d) to enable them to carry out entrepreneurship education programs for students in grades 7 through 12. ``(b) Agency To Receive Grant.--A grant award to a State under subsection (a) shall be made to the State educational agency. ``(c) State Plan.-- ``(1) Approved state plan required.--No State shall receive a grant under subsection (a) unless it has submitted to the Secretary a plan, which the Secretary has approved. ``(2) State plan contents.--The State plan described in paragraph (1) shall include-- ``(A) a description of how the State will use a grant; ``(B) a description of how the programs supported by a grant will-- ``(i) involve the business community; and ``(ii) be coordinated with other relevant Federal, State, regional, and local programs; and ``(C) a description of how the State will evaluate program performance. ``(d) Allocation of Funds.-- ``(1) Allocation factors.--Except as otherwise provided in paragraph (2), the Secretary shall allocate the amounts made available to carry out this section pursuant to subsection (a) to each State according to the relative populations in all the States of students in grades 7 through 12, as determined by the Secretary based on the most recent satisfactory data. ``(2) Minimum allocation.--Subject to the availability of appropriations and notwithstanding paragraph (1), a State that has submitted an approved plan under subsection (c) shall be allocated an amount not less than $400,000 for a fiscal year. ``(3) Reallocation.--In any fiscal year an allocation under this subsection-- ``(A) for a State that has not submitted a plan under subsection (c); or ``(B) for a State whose plan submitted under subsection (c) has been disapproved by the Secretary; shall be reallocated to the remaining States in accordance with paragraph (1). ``(e) Use of Grant Funds.-- ``(1) Required uses.--A grant made to a State under subsection (a) shall be used-- ``(A) to provide funds to local educational agencies and public schools to carry out entrepreneurship education programs for students in grades 7 through 12 based on the concept of lifelong learning necessary to encourage the entrepreneurial spirit; and ``(B) to monitor and evaluate programs supported under subparagraph (A). ``(2) Permissible use.--A grant made to a State under subsection (a) may be used for professional development that helps to prepare teachers and administrators for entrepreneurial education. ``(3) Limitation on administrative costs.--A State receiving a grant under subsection (a) may use not more than 4 percent of the total amount of the grant in each fiscal year for the administrative costs of carrying out this section. ``(f) Report to the Secretary.--Each agency receiving a grant as described in subsection (b) shall transmit a report to the Secretary with respect to each fiscal year for which a grant was received. The report shall describe the programs supported by the grant and the results of the State's monitoring and evaluation of such programs. ``SEC. 5403. DIRECT LOCAL GRANT PROGRAM. ``In any fiscal year in which the appropriations under section 5408(a) are less than $50,000,000, the Secretary may make grants directly to local educational agencies and public schools to provide entrepreneurship education to students in grades 7 through 12. ``SEC. 5404. CLEARINGHOUSE. ``(a) Authority.--The Secretary shall make a grant to or execute a contract with an organization or institution with substantial experience in the field of entrepreneurship education to establish, operate, and maintain a national clearinghouse (in this part referred to as the ``Clearinghouse'') for instructional materials and information regarding exemplary entrepreneurship education programs and best practices. ``(b) Application.--An organization or institution desiring to establish, operate, and maintain the Clearinghouse shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. ``(c) Basis and Term.--The Secretary shall make the grant or contract authorized by subsection (a) on a competitive, merit basis for a term of 5 years. ``(d) Use of Funds.--The Clearinghouse shall use the funds provided under a grant or contract made under subsection (a)-- ``(1) to maintain a repository of instructional materials and related information regarding entrepreneurship education programs for secondary schools, including middle schools, for use by States, localities, and the general public; ``(2) to disseminate to States, localities, and the general public, through electronic and other means, instructional materials and related information regarding entrepreneurship education programs for secondary schools, including middle schools; and ``(3) to the extent that resources allow, to provide technical assistance to States, localities, and the general public on the design, establishment, and implementation of entrepreneurship education programs for secondary schools, including middle schools. ``(e) Consultation.--The Clearinghouse shall consult with the Small Business Administration with respect to its activities under subsection (d). ``(f) Submission to Clearinghouse.--Each Federal agency or department that develops entrepreneurship education programs or instructional materials for such programs shall submit to the Clearinghouse information on the programs and copies of the materials. ``(g) Application of Copyright Laws.--In carrying out this section the Clearinghouse shall ensure compliance with title 17, United States Code. ``SEC. 5405. EVALUATION. ``(a) Performance Measures.--The Secretary shall develop measures to evaluate the performance of programs assisted under sections 5402 and 5403. ``(b) Evaluation According to Performance Measures.--Applying the performance measures developed under subsection (a), the Secretary shall evaluate programs assisted under sections 5402 and 5403-- ``(1) to judge their performance and effectiveness; ``(2) to identify which of the programs represent the best practices of entities developing entrepreneurship education programs for students in grades 7 through 12; and ``(3) to identify which of the programs can be replicated and used to provide technical assistance to States, localities, and the general public. ``SEC. 5406. REPORT TO THE CONGRESS. ``For each fiscal year for which there are appropriations under section 5408(a), the Secretary shall transmit a report to the Congress describing the status of the implementation of this part. The report shall include the results of the evaluation required by section 5405 and a description of the programs supported under sections 5402 and 5403. ``SEC. 5407. DEFINITIONS. ``In this part-- ``(1) the term `entrepreneurship education' means educational activities and experiences, planned and supervised by qualified teachers, that enable students to explore business ownership opportunities, acquire the skills and knowledge necessary to start a business, and develop a range of entrepreneurial competencies that will help them to explore and identify their lifelong career goals as business owners or as competent employees; and ``(2) the term `qualified teacher' means a teacher who holds a valid teaching certification or is considered to be qualified by the State educational agency in the State in which the teacher works. ``SEC. 5408. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--For the purposes of carrying out this part, there are authorized to be appropriated $60,000,000 for each of the fiscal years 1999 through 2004. ``(b) Limitation on Funds for Clearinghouse.--The Secretary may use not less than 2 percent and not more than 5 percent of amounts appropriated under subsection (a) for each fiscal year to carry out section 5404. ``(c) Limitation on Funds for Secretary's Evaluation.--The Secretary may use not more than $200,000 from the amounts appropriated under subsection (a) for each fiscal year to carry out section 5405. ``(d) Limitation on Administrative Costs.--Except as necessary to carry out section 5405 using amounts described in subsection (c), the Secretary shall not use any portion of the amounts appropriated under subsection (a) for the costs of administering this part. ``(e) Funds for Grants.--For each fiscal year the Secretary shall use all amounts appropriated under subsection (a), other than the amounts described in subsections (b) and (c), only for grants under section 5402 or 5403.''.

Future Entrepreneurs of America Act - Amends the Elementary and Secondary Education Act of 1965 to establish a program for youth entrepreneurship education. Directs the Secretary of Education to make grants to States for entrepreneurship education and training programs for students in grades seven through 12 (programs). Requires such grants to States in any fiscal year in which appropriations under this Act equal or exceed a specified amount. Sets forth requirements for: (1) State plans; (2) grant allocations to States; (3) use of funds for local programs and for State monitoring, evaluation, and administrative costs; and (4) State reports. Authorizes the Secretary to make direct grants to local educational authorities and public schools for such programs, in any fiscal year for which appropriations do not reach the level required for grants to States. Directs the Secretary to make a competitive grant or contract for a national clearinghouse for instructional materials and information regarding exemplary entrepreneurship education and training programs and best practices. Directs the Secretary to develop performance measures and evaluate programs assisted under this Act. Authorizes appropriations.

Future Entrepreneurs of America Act

98, passed in the House of Representatives on March 16, 2005, ``to provide a legal justification for the use of force against Taiwan, altering the status quo in the region, and thus is of grave concern to the United States.''. (7) The 2011 Department of Defense's Annual Report to Congress on ``Military and Security Developments Involving the People's Republic of China'' noted that the People's Liberation Army ``seeks the capability to deter Taiwan independence and influence Taiwan to settle the dispute on Beijing's terms'' while ``developing capabilities intended to deter, delay, or deny possible U.S. support for the island in the event of conflict. The balance of cross-Strait military forces and capabilities continues to shift in the mainland's favor.''. The report also states the PLA has deployed between 1,000 and 1,200 short-range ballistic missiles (SRBM) to units opposite Taiwan. (8) The United States has sought diplomatically to preserve Taiwan's international space, and has sought to secure Taiwan's meaningful participation in such international organizations as the World Health Organization (WHO). (9) The total value of trade between the United States and Taiwan in 2011 was approximately 67,200,000,000, and Taiwan ranked as the 10th largest trading partner of the United States. (10) Given that the Taiwan Relations Act states that it is the policy of the United States to ``preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan,'' it is in the economic interests of the United States and the national security interests of Taiwan for our two peoples to further strengthen their trade and investment ties. (b) Purpose.--The purpose of this Act is to establish a commission to review and report to Congress on the implementation of the Taiwan Relations Act and on United States policy in regard to Taiwan since 2000. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Congressional Advisory Commission on the Implementation of United States Policy under the Taiwan Relations Act. SEC. 3. DUTIES. The Commission shall-- (1) assess the sufficiency of defense articles and services made available to Taiwan by the United States for the purpose of maintaining Taiwan's self-defense capability, including whether Taiwan's air and air defense forces retain the ability to effectively defend Taiwan against the ballistic missile and air threats posed by the People's Republic of China; (2) review the operational planning, policy reviews, and other preparations of the United States since 2000 to implement section 2(b)(6) and subsections (a), (b), and (c) of section 3 of the Taiwan Relations Act, and evaluate the compliance of these processes with the requirements of section 3(2) of the Taiwan Relations Act and the Six Assurances provided to Taiwan in July 1982; (3) identify current and potential threats to the security, social, or economic system of the people on Taiwan, and assess the extent to which the United States retains the capability to resist any resort to force or other forms of coercion that would jeopardize the security, social, or economic system, of the people on Taiwan; (4) evaluate the sufficiency and effectiveness of measures undertaken by the United States since 2000 to continue and promote extensive commercial, cultural, and other relations between the people of the United States and the people on Taiwan, and recommend future steps for strengthening trade and investment ties with Taiwan in furtherance of the United States national economic and security interests; (5) review the measures undertaken by the United States since 2000 with regard to the preservation and enhancement of the human rights of all the people on Taiwan, including the strengthening of democratic governance and rule of law in accordance with section 2(3) of the Taiwan Relations Act; (6) identify and recommend available United States policy options to assist Taiwan in broadening its international space, including Taiwan's ability to participate meaningfully in the World Health Organization and other international organizations, and to ensure that the future of Taiwan will be determined by peaceful means, taking into account the forms and effectiveness of any coercive strategies undertaken by the People's Republic of China to undermine Taiwan's freedom of action; and (7) make findings and recommendations on available policy options for the United States to advance toward a normalization of the relationship with the Government of Taiwan, including the desirability of such measures as the resumption of visits by cabinet-level officials between the United States and Taiwan and requiring the advice and consent of the Senate for the individual appointed by the President to serve as the Director of the American Institute in Taiwan. SEC. 4. COMPOSITION. (a) Members.--The Commission shall be composed of five members, of whom-- (1) one member shall be appointed by the President; (2) one member shall be appointed by the majority leader of the Senate; (3) one member shall be appointed by the Speaker of the House of Representatives; (4) one member shall be appointed by the minority leader of the Senate; and (5) one member shall be appointed by the minority leader of the House of Representatives. (b) Deadline for Appointment.--All members of the Commission should be appointed within 90 days after the date of enactment of this Act. (c) Qualifications.-- (1) In general.--All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, or experience in the field of foreign policy, national security, military affairs, or East Asian politics. (2) Political party affiliation.--Not more than three members of the Commission may be members of or affiliated with the same political party. (d) Chairperson.--The Commission shall select a Chairperson from among its members. (e) Vacancies.--If a vacancy occurs in the membership of the Commission, it shall be filled in the manner in which the original appointment was made. SEC. 5. PROCEEDINGS. (a) Meetings.--The Commission shall hold its first meeting not later than 120 days after the enactment of this Act, and shall meet thereafter at the call of the chairperson or a majority of its members. Three members of the commission shall constitute a quorum. (b) Hearings.-- (1) In general.--The Commission may, for the purposes of carrying out this Act, hold hearings, sit and act at such times and places, request the attendance of witnesses and take testimony from such witnesses, and receive evidence as the Commission considers appropriate. (2) Availability to public.--The Commission should conduct its hearings in public to the extent that the Commission considers it appropriate. (c) Consideration and Use of Existing Studies.--In carrying out its duties, the Commission shall consider and use, to the extent it deems appropriate, any studies that have been conducted by other entities on the subjects described in section 3 so as to avoid unnecessary duplication. SEC. 6. STAFF. The Commission is authorized to hire staff to assist the Commission in carrying out its duties. SEC. 7. REPORT. Not later than 1 year after the date of the Commission's first meeting, the Commission shall submit to Congress a report in writing containing the findings and conclusions of the Commission and agreed to by a majority of the members of the Commission, including any recommendations the Commission finds necessary to improve implementation of United States policy under the Taiwan Relations Act. SEC. 8. TERMINATION. (a) In General.--The Commission, and all of its authorities under this Act, shall terminate 60 days after the date on which the report is submitted to Congress under section 7. (b) Conclusion of Activities.--The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress and disseminating its report to the public. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for fiscal year 2013 $500,000 to carry out this Act.

Establishes the Congressional Advisory Commission on the Implementation of United States Policy under the Taiwan Relations Act. Requires the Commission to: (1) assess the sufficiency of U.S. defense articles and services for Taiwan; (2) review U.S. operational planning, policy reviews, and other preparations since 2000 to implement the Taiwan Relations Act and the Six Assurances provided to Taiwan in 1982; (3) identify threats to the security, social, or economic systems of Taiwan and assess U.S. capability to resist such threats; (4) evaluate U.S. measures since 2000 to enhance commercial, cultural, and other relations with Taiwan; (5) review U.S. measures since 2000 regarding human rights on Taiwan; (6) recommend policy options to assist Taiwan broaden its international space, including Taiwan's ability to participate meaningfully in the World Health Organization (WHO) and other international organizations, and to ensure that Taiwan's future will be determined peacefully, taking into account China's strategies to undermine Taiwan's freedom of action; and (7) recommend U.S. policy options to advance toward normalization of the relationship with the government of Taiwan. Terminates the Commission 60 days after the report required by this Act is submitted to Congress.

To establish a Congressional Advisory Commission on the Implementation of United States Policy under the Taiwan Relations Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haskell Indian Nations University Administrative Systems Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) the provision of culturally sensitive curricula for higher education programs at Haskell Indian Nations University is consistent with the commitment of the Federal Government to the fulfillment of treaty obligations to Indian tribes through the principle of self-determination and the use of Federal resources; and (2) giving a greater degree of autonomy to Haskell Indian Nations University, while maintaining it as an integral part of the Bureau of Indian Affairs, will facilitate the transition of the university to a 4-year university. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) University.--The term ``Haskell Indian Nations University'' or ``university'' means the Haskell Indian Nations University, located in Lawrence, Kansas. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. PERSONNEL MANAGEMENT. (a) Inapplicability of Certain Civil Service Laws.--Chapters 51, 53, and 63 of title 5, United States Code (relating to classification, pay, and leave, respectively) and the provisions of such title relating to the appointment, performance evaluation, promotion, and removal of civil service employees shall not apply to applicants for employment with, employees of, or positions in or under the university. (b) Alternative Personnel Management Provisions.-- (1) In general.--The president of the university shall by regulation prescribe such personnel management provisions as may be necessary, in order to ensure the effective administration of the university, to replace the provisions of law that are inapplicable with respect to the university by reason of subsection (a). (2) Procedural requirements.--Regulations under this subsection-- (A) shall be prescribed in consultation with the board of regents of the university and other appropriate representative bodies; (B) shall be subject to the requirements of subsections (b) through (e) of section 553 of title 5, United States Code; and (C) shall not take effect except with the prior written approval of the Secretary. (c) Specific Substantive Requirements.--Under the regulations-- (1) no rate of basic pay may, at any time, exceed-- (A) in the case of an employee who would otherwise be subject to the General Schedule, the maximum rate of basic pay then currently payable for grade GS-15 of the General Schedule (including any amount payable under section 5304 of title 5, United States Code, or other similar authority for the locality involved); or (B) in the case of an employee who would otherwise be subject to subchapter IV of chapter 53 of title 5, United States Code (relating to prevailing rate systems), the maximum rate of basic pay which (but for this section) would then otherwise be currently payable under the wage schedule covering such employee; (2) the limitation under section 5307 of title 5, United States Code (relating to limitation on certain payments) shall apply, subject to such definitional and other modifications as may be necessary in the context of the alternative personnel management provisions established under this section; (3) procedures shall be established for the rapid and equitable resolution of grievances; (4) no university employee may be discharged without notice of the reasons therefor and opportunity for a hearing under procedures that comport with the requirements of due process, except that this paragraph shall not apply in the case of an employee serving a probationary or trial period under an initial appointment; and (5) university employees serving for a period specified in or determinable under an employment agreement shall, except as otherwise provided in the agreement, be notified at least 30 days before the end of such period as to whether their employment agreement will be renewed. (d) Rule of Construction.--Nothing in this section shall be considered to affect-- (1) the applicability of any provision of law providing for-- (A) equal employment opportunity; (B) Indian preference; or (C) veterans' preference; or (2) the eligibility of any individual to participate in any retirement system, any program under which any health insurance or life insurance is afforded, or any program under which unemployment benefits are afforded, with respect to Federal employees. (e) Labor-Management Provisions.-- (1) Collective-bargaining agreements.--Any collective- bargaining agreement in effect on the day before the effective date specified under subsection (f)(1) shall continue to be recognized by the university until altered or amended pursuant to law. (2) Exclusive representative.--Nothing in this Act shall affect the right of any labor organization to be accorded (or to continue to be accorded) recognition as the exclusive representative of any unit of university employees. (3) Other provisions.--Matters made subject to regulation under this section shall not be subject to collective bargaining, except in the case of any matter under chapter 63 of title 5, United States Code (relating to leave). (f) Effective Date.-- (1) Alternative personnel management provisions.--The alternative personnel management provisions under this section shall take effect on such date as may be specified in the regulations, except that in no event shall the date specified be later than 1 year after the date of the enactment of this Act. (2) Provisions made inapplicable by this section.-- Subsection (a) shall take effect as of the date specified under paragraph (1). (g) Applicability.-- (1) In general.--Except as otherwise provided in this subsection, the alternative personnel management provisions under this section shall apply with respect to all applicants for employment with, all employees of, and all positions in or under the university. (2) Current employees not covered except pursuant to a voluntary election.-- (A) In general.--A university employee serving on the day before the effective date specified under subsection (f)(1) shall not be subject to the alternative personnel management provisions under this section (and shall instead, for all purposes, be treated in the same way as if this section had not been enacted, notwithstanding subsection (a)) unless, before the end of the 5-year period beginning on such effective date, such employee elects to be covered by such provisions. (B) Procedures.--An election under this paragraph shall be made in such form and in such manner as may be required under the regulations, and shall be irrevocable. (3) Transition provisions.-- (A) Provisions relating to annual and sick leave.-- Any individual who-- (i) makes an election under paragraph (2), or (ii) on or after the effective date specified under subsection (f)(1), is transferred, promoted, or reappointed, without a break in service of 3 days or longer, to a university position from a non-university position with the Federal Government or the government of the District of Columbia, shall be credited, for the purpose of the leave system provided under regulations prescribed under this section, with the annual and sick leave to such individual's credit immediately before the effective date of such election, transfer, promotion, or reappointment, as the case may be. (B) Liquidation of remaining leave upon termination.-- (i) Annual leave.--Upon termination of employment with the university, any annual leave remaining to the credit of an individual within the purview of this section shall be liquidated in accordance with section 5551(a) and section 6306 of title 5, United States Code, except that leave earned or accrued under regulations prescribed under this section shall not be so liquidated. (ii) Sick leave.--Upon termination of employment with the university, any sick leave remaining to the credit of an individual within the purview of this section shall be creditable for civil service retirement purposes in accordance with section 8339(m) of title 5, United States Code, except that leave earned or accrued under regulations prescribed under this section shall not be so creditable. (C) Transfer of remaining leave upon transfer, promotion, or reemployment.--In the case of any university employee who is transferred, promoted, or reappointed, without a break in service of 3 days or longer, to a position in the Federal Government (or the government of the District of Columbia) under a different leave system, any remaining leave to the credit of that individual earned or credited under the regulations prescribed under this section shall be transferred to such individual's credit in the employing agency on an adjusted basis in accordance with regulations which shall be prescribed by the Office of Personnel Management. (4) Work-study.--Nothing in this section shall be considered to apply with respect to a work-study student, as defined by the president of the university in writing. SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY. The Secretary shall, to the maximum extent consistent with applicable law and subject to the availability of appropriations therefor, delegate to the president of the university procurement and contracting authority with respect to the conduct of the administrative functions of the university. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 1997, and for each fiscal year thereafter-- (1) the amount of funds made available by appropriations as operations funding for the administration of the university for fiscal year 1996; and (2) such additional sums as may be necessary for the operation of the university pursuant to this Act.

Haskell Indian Nations University Administrative Systems Act of 1996 - Provides that certain civil service laws relating to personnel management shall not apply to applicants for employment with, employees of, or positions in or under the Haskell Indian Nations University. Directs the university president to prescribe by regulation alternative personnel management provisions. Disallows covering current university employees except pursuant to a voluntary election. Directs the Secretary of the Interior to delegate to the university president procurement authority with respect to the conduct of the administrative functions of the university. Authorizes appropriations.

Haskell Indian Nations University Administrative Systems Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean Energy Safety and Technology Improvement Act of 2013''. SEC. 2. PRIORITY IN PERMITTING FOR NEW SAFETY-ENHANCING TECHNOLOGIES. (a) Exploration Plans and Permits.--Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended by adding at the end the following: ``(g) In considering exploration plans and applications for permits and other authorizations required under this section, the Secretary may give priority to reviewing and processing plans and applications that use, develop, or demonstrate new safety-enhancing technologies.''. (b) Development and Production Plans and Permits.--Section 25 of such Act (43 U.S.C. 1351) is amended by adding at the end the following: ``(m) In considering exploration plans and applications for permits and other authorizations required under this section, the Secretary may give priority to reviewing and processing plans and applications that use, develop, or demonstrate new safety-enhancing technologies.''. SEC. 3. ESTABLISHMENT OF A SMALL BUSINESS PROGRAM. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: ``SEC. 31. ESTABLISHMENT OF SMALL BUSINESS PROGRAM. ``(a) In General.--The Secretary shall establish a small business innovation research program or small business technology transfer program, or both, in accordance with this section to broaden participation by smaller industry participants in the development of safer technologies for offshore oil and gas exploration and development. ``(b) Definitions.--In this section each of the terms `small business innovation research program' and `small business technology transfer program' has the meaning given such term in section 9(e) of the Small Business Act (15 U.S.C. 638(e)), as in effect on the date of the enactment of the Ocean Energy Safety and Technology Improvement Act of 2013.''. SEC. 4. OCEAN ENERGY SAFETY INSTITUTE. (a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is further amended by adding at the end the following: ``SEC. 32. OCEAN ENERGY SAFETY INSTITUTE. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish an independent Ocean Energy Safety Institute (in this section referred to as the `Institute') to enhance safe and responsible operations across the offshore oil and gas industry. ``(2) Form.--The Secretary may establish the Institute as-- ``(A) a federally funded research and development center through an agreement in accordance with Federal Acquisition Regulation 35.017-1; or ``(B) a university-affiliated research center managed by an institution of higher education. ``(3) Collaboration.--The Secretary shall ensure that the Institute is a collaborative initiative involving government, academia, and scientific experts. ``(b) Functions.--The Institute shall-- ``(1) develop a program of research, technical assistance, and education that serves as a center of expertise in oil and gas exploration, development, and production technology; ``(2) provide a forum for dialogue, shared learning, and cooperative research among academia, government, industry, and other nongovernmental organizations, in offshore energy-related technologies and activities that ensure safe and environmentally responsible offshore oil and gas exploration, development, and production operations; ``(3) serve as a technical center that captures and preserves knowledge and experience to improve such operations; ``(4) provide recommendations and technical assistance to the Secretary related to the determination of best available and safest technology and environmentally sound offshore oil and gas development practices; ``(5) evaluate design, test protocols, and test results on behalf of the Secretary to certify new best available and safest technologies for such operations that have health, safety, or environment ramifications; ``(6) facilitate training of Federal workers on identification and verification of best available and safest technology, and implementation of operational improvements, in the areas of offshore drilling safety and environmental protection, blowout containment, and oil spill response; ``(7) develop and maintain a domestic and international equipment failure reporting system and database of critical offshore oil and gas operations equipment failures related to well control; ``(8) provide recommendations and technical assistance related to geological and geophysical sciences relevant to understanding the technical challenges of offshore oil and gas operations; and ``(9) provide knowledgeable independent assessments concerning technology maturity, suitability, and cost. ``(c) Funding.-- ``(1) Fee.--The Secretary shall issue regulations to establish an annual nonproducing lease fee with respect to areas of the outer Continental Shelf that are subject to a lease under this Act for production of oil or natural gas under which production is not occurring. ``(2) Application.--Such fee shall apply with respect to land that is subject to such a lease that is in effect on the date final regulations are promulgated under this subsection or that is issued thereafter. ``(3) Amount.--The amount of the fee shall be $1 for each acre of such land from which oil or natural gas is produced for less than 90 days in a calendar year. ``(4) Assessment and collection.--The Secretary shall assess and collect the fee established under this subsection. ``(5) Use.--Amounts received by the United States as the fee under this subsection may be used by the Secretary for operations of the Institute. ``(6) Preventing evasion.--The Secretary may include in the regulations provisions to prevent evasion of the fee. ``(d) Reporting and Meetings.--The Institute shall provide a report to the Secretary on all Institute activities on a quarterly basis, and conduct an in-person meeting with the Secretary or the Secretary's designees at least once each year.''. (b) Deadline for Fee Regulations.--The Secretary of the Interior shall issue regulations establishing the fee under the amendment made by subsection (a) within 180 days after the date of enactment of this Act.

Ocean Energy Safety and Technology Improvement Act of 2013 - Amends the Outer Continental Shelf Lands Act, with respect to the consideration of permits for geological explorations and development and production, to allow the Secretary of the Interior to give priority to reviewing and processing plans and applications that use, develop, or demonstrate new safety-enhancing technologies. Directs the Secretary to establish: (1) a small business innovation research program or technology transfer program, or both, to broaden participation in the development of safer technologies for offshore oil and gas exploration and development; and (2) an Ocean Energy Safety Institute, as a collaborative federally funded research and development center or university-affiliated research center, to enhance safe and responsible operations across the offshore oil and gas industry. Funds operations of the Institute through an annual fee applicable to areas of the outer Continental Shelf subject to an oil or gas lease under which production is not occurring.

Ocean Energy Safety and Technology Improvement Act of 2013

SECTION 1. MORTGAGE PROTECTION LIFE INSURANCE. (a) In General.--Chapter 19 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--SUPPLEMENTAL MORTGAGE PROTECTION LIFE INSURANCE FOR CERTAIN VETERANS ``Sec. 1991. Purchase of insurance ``(a) The Secretary may, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), purchase from one or more life insurance companies a policy or policies of mortgage protection life insurance on a group basis to provide the benefits specified in this subchapter. ``(b) A veteran (other than a veteran eligible for insurance under section 2106 of this title) who establishes to the satisfaction of the Secretary that the veteran is unable to obtain commercial life insurance because of a service-connected disability shall, upon application made in such form as the Secretary shall prescribe, be granted insurance under this subchapter. ``Sec. 1992. Amount of insurance ``(a) The initial amount of insurance provided to a veteran under this subchapter may not exceed the lowest of the following amounts: ``(1) $40,000. ``(2) The amount of the loan outstanding on a dwelling (and necessary land therefor) owned or occupied by the veteran as a home on the date insurance under this subchapter is placed in effect. ``(3) In the case of a veteran who purchases or constructs a dwelling (including necessary land therefor) to be occupied by the veteran as a home on or after the effective date of this section, the amount of the original loan on that dwelling (and land). ``(b) The amount of such insurance shall be reduced according to the amortization schedule of the loan and at no time shall exceed the amount of the outstanding loan with interest. ``Sec. 1993. Premiums ``(a) The premiums charged a veteran for insurance under this subchapter shall be paid at such times and in such manner as the Secretary shall prescribe. Those premiums shall be based on such mortality data as the Secretary considers appropriate to cover only the mortality cost of insuring veterans with service-connected disabilities who are unable to obtain commercial mortgage protection life insurance. ``(b) The Secretary shall deduct the premiums charged a veteran for insurance under this subchapter from any compensation or other cash benefits payable to the veteran by the Secretary and shall pay such premiums to the insurer or insurers for such insurance. A veteran insured under this subchapter who is not eligible for cash benefits from the Secretary may pay the amount of such premiums directly to the insurer or insurers. ``Sec. 1994. Payment of insurance ``An amount of insurance in force under this subchapter on the date of death of a veteran insured under this subchapter shall be paid only to the holder of the mortgage loan, the payment of which such insurance was granted, for credit on the loan indebtedness, and the liability of the insurer under such insurance shall be satisfied when such payment is made. If the Secretary is the holder of the mortgage loan, the insurance proceeds shall be credited to the loan indebtedness and, as appropriate, deposited in the direct loan or loan guaranty revolving fund established by section 3723 or 3724 of this title, respectively. ``Sec. 1995. Insurance policy provisions ``(a) Each policy purchased under section 1991 of this title shall provide, in terms approved by the Secretary, for the following: ``(1) Reinsurance, to the extent and in a manner to be determined by the Secretary to be in the best interest of the veterans or the Government, with such other insurers which meet qualifying criteria established by the Secretary as may elect to participate in such reinsurance. ``(2) That at any time the Secretary determines such action to be in the best interest of veterans or the Government, the Secretary may (A) discontinue the entire policy, or (B) at the Secretary's option, exclude from coverage under the policy loans made after a date fixed by the Secretary for that purpose. Any insurance previously issued to a veteran under such policy may not be canceled by the insurer solely because of termination of the policy by the Secretary with respect to new loans. If the entire policy is discontinued, the Secretary shall have the right to require the transfer, to the extent and in a manner to be determined by the Secretary, to any new company or companies with which the Secretary has negotiated a new policy or policies, the amounts, as determined by the existing insurer or insurers with the concurrence of the Secretary, of any policy or contingency reserves with respect to insurance previously in force. ``(3) Issuance to each veteran insured under this subchapter of a uniform type of certificate setting forth the benefits to which the veteran is entitled under the insurance. ``(4) Any other provisions which are reasonably necessary or appropriate to carry out the provisions of this subchapter. ``(b)(1) Any such policy shall also provide that the insurer under the policy shall provide to the Secretary an accounting not later than 90 days after the end of each policy year which shall set forth, in a form approved by the Secretary, the following: ``(A) The amount of premiums paid by veterans accrued under the contract or agreement from its date of issue to the end of such contract year. ``(B) The total of all mortality and other claim charges incurred for that period. ``(C) The amount of the insurer's expense and risk charges, if any, for that period. ``(2) If the amount under paragraph (1)(A) is greater than the sum of the amounts under paragraph (1)(B) and (1)(C), the amount of the difference shall be held by the insurer as a contingency reserve to be used by that insurer for charges under the contract or agreement only. The contingency reserve shall bear interest at a rate to be determined in advance of each contract year by the insurer, which rate shall be approved by the Secretary if consistent with the rates generally used by the insurer for similar funds held under other plans of group life insurance. ``(3) If the Secretary determines that such contingency reserve has attained an amount estimated by the Secretary to make satisfactory provision for adverse fluctuations in future charges under the contract, the Secretary shall require the insurer to adjust the premium rates and contributions so as to prevent any further substantial accretions to the contingency reserve. ``(4) If the contract or agreement is discontinued and if after all charges have been made there is any positive balance remaining in the contingency reserve, the insurer shall pay such balance to the Secretary. Any such payment shall be credited to the appropriation `Compensation and Pensions, Department of Veterans Affairs,'. The insurer shall be allowed to make any such payment in equal monthly installments over a period of not more than two years. ``(c) With respect to insurance contracted for under this subchapter, the Secretary may adopt such regulations relating to eligibility of the veteran for insurance, the maximum amount of insurance, the maximum duration of insurance, and other pertinent factors not specifically provided for in this subchapter, as in the Secretary's judgment are in the best interest of veterans or the Government. ``(d) Insurance contracted for under this subchapter shall take effect as to any veteran on a date determined by the Secretary. ``(e) The amount of the insurance at any time shall be the amount necessary to pay the mortgage indebtedness in full, except as otherwise limited by the policy. ``Sec. 1996. Termination of insurance ``(a) Insurance contracted for under this subchapter shall terminate upon whichever of the following first occurs: ``(1) Satisfaction of the veteran's indebtedness under the loan upon which the insurance is based. ``(2) The veteran's 70th birthday. ``(3) Termination of the veteran's ownership of the property securing the loan. ``(4) Discontinuance of payment of premiums by the veteran. ``(5) Discontinuance of the entire contract or agreement. ``(b) Termination of insurance under this subchapter shall not affect the guaranty or insurance of the loan by the Secretary under any other provision of this chapter.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end thereof the following: ``Subchapter V--Supplemental Mortgage Protection Life Insurance for Certain Veterans ``Sec. ``1991. Purchase of insurance. ``1992. Amount of insurance. ``1993. Premium. ``1994. Payment of insurance. ``1995. Insurance policy provisions. ``1996. Termination of insurance.''.

Authorizes the Secretary of Veterans Affairs to provide mortgage protection life insurance to certain veterans unable to obtain commercial life insurance at a standard rate because of service-connected disabilities. Establishes guidelines for such insurance regarding: (1) amount of insurance; (2) premium rates; (3) payment of insurance; and (4) policy provisions.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide mortgage protection life insurance to certain veterans unable to acquire commercial mortgage protection life insurance because of service-connected disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Primary Care Volunteer Incentive Act of 2009''. SEC. 2. PRIMARY CARE LOAN REPAYMENT PROGRAM. Part C of title VII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 749. PRIMARY CARE LOAN REPAYMENT PROGRAM. ``(a) Purpose.--It is the purpose of this section to alleviate critical shortages of primary care physicians. ``(b) Loan Repayments.--The Secretary shall establish a loan repayment program of entering into contracts (under terms and conditions specified by the Secretary and consistent with this section) with eligible individuals under which, subject to subsection (i)(2)-- ``(1) the individual agrees to serve without pay for at least 4 hours each week for a period of 5 consecutive years-- ``(A) as a primary care physician; and ``(B) at a health center, as defined in section 330, designated by the Secretary (as of the date of the application of the individual for a contract under this section) as serving an area with a shortage of primary care physicians; and ``(2) the Secretary agrees to pay, for each year of such service, not more than $5,000 of the principal and interest of the graduate educational loans of the individual. ``(c) Eligibility.--To be eligible to participate in the loan repayment program under this section, an individual must-- ``(1) have a degree in medicine or osteopathic medicine; ``(2)(A) have completed an accredited graduate medical residency training program in primary care medicine; or ``(B) be enrolled in such a residency training program; and ``(3) submit to the Secretary an application, in such form, manner, and time as specified by the Secretary, for a contract under this section. ``(d) Application, Contract, and Information Requirements.--The provisions of section 338B(c) shall, except as inconsistent with this section, apply to the loan repayment program under this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program under section 338B, except that each reference to a health professional shortage area shall be deemed a reference to a community health center described in subsection (b)(1)(B). ``(e) Priority.--In providing contracts under the loan repayment program under this section, the Secretary shall give priority to individuals who agree to serve in community health centers described in subsection (b)(1)(B) that are located in areas that the Secretary, as of the date of the individual's application for a contract under this section, has designated under section 332 as health professional shortage areas. ``(f) Approval Required for Participation.--An individual becomes a participant in the loan repayment program under this section only upon the Secretary and the individual entering into a written contract under this section. ``(g) Payments.-- ``(1) In general.--A loan repayment provided for an individual under a written contract under this section shall consist of payment, in accordance with paragraph (2), on behalf of the individual of the principal, interest, and related expenses on government and commercial loans received by the individual regarding the graduate education of the individual, which loans were made for-- ``(A) tuition expenses; ``(B) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the individual; or ``(C) reasonable living expenses as determined by the Secretary. ``(2) Payments for years served.-- ``(A) In general.--For each year of service described in subsection (b)(1) that an individual contracts to serve under this section the Secretary may pay not more than $5,000 on behalf of the individual for loans described in paragraph (1). In making a determination of the amount to pay for a year of such service by an individual, the Secretary shall consider the extent to which each such determination-- ``(i) affects the ability of the Secretary to maximize the number of contracts that can be provided under the loan repayment program under this section from the amounts appropriated for such contracts; ``(ii) provides an incentive to serve in community health centers with the greatest shortage of primary care physicians; and ``(iii) provides an incentive with respect to the individual involved remaining in an area with a shortage of primary care physicians, and continuing to provide health services in primary care medicine, after the completion of the period of service described in subsection (b)(1). ``(B) Repayment schedule.--Any arrangement made by the Secretary for the making of loan repayments in accordance with this subsection shall provide that any repayments for a year of service described in subsection (b)(1) shall be made no later than the end of the fiscal year in which the individual completes such year of service. ``(3) Tax liability.--For the purpose of providing reimbursements for tax liability resulting from payments under paragraph (2) on behalf of an individual-- ``(A) the Secretary shall, in addition to such payments, make payments to the individual in an amount equal to 39 percent of the total amount of loan repayments made for the taxable year involved; and ``(B) may make such additional payments as the Secretary determines to be appropriate with respect to such purpose. ``(4) Payment schedule.--The Secretary may enter into an agreement with the holder of any loan for which payments are made under the loan repayment program under this section to establish a schedule for the making of such payments. ``(h) Breach of Contract.--The provisions of section 338E shall apply to an individual who breaches a contract under this section in the same manner and to the same extent as such provisions apply to an individual who breaches a contract under section 338B. ``(i) Definitions.--For purposes of this section: ``(1) Primary care medicine.--The term `primary care medicine' shall include family medicine, general pediatrics, and general internal medicine. ``(2) Primary care physician.--The term `primary care physician' means a physician specializing in primary care medicine. ``(j) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated such sums as are necessary for each of the fiscal years 2009 through 2013. ``(2) Contingency.--Any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual that is conditioned thereon, is contingent on funds being appropriated for loan repayments under paragraph (1).''.

Primary Care Volunteer Incentive Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a loan repayment program to repay up to $5,000 each year of an individual's graduate educational loans in exchange for such individual serving without pay as a primary care physician for at least four hours per week for five consecutive years at a community health center with a shortage of primary care physicians. Directs the Secretary to give priority to individuals who agree to serve in community health centers in designated health professional shortage areas. Sets forth factors for the Secretary to consider in determining the amount to pay for each year of service. Directs the Secretary to provide additional reimbursements for the individual's tax liability resulting from such payments.

To amend the Public Health Service Act to provide for a competitive loan repayment program for primary care physicians who commit to volunteering part-time at community health centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefits Protection Act of 2003''. SEC. 2. ENTITLEMENT TO BENEFITS FOR MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of the Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of the Social Security Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of the Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries,''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of the Social Security Act (42 U.S.C. 402(g)(1)) is amended, in the matter following subparagraph (F)-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending''; and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries''. (i) Disability Insurance Benefits.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (k) Exemption From Maximum Benefit Cap.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended by adding at the end the following: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to monthly benefits received under section 202, 223, or 228 for the month in which the individual entitled to those benefits dies.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Social Security Benefits Protection Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death, without affecting any other person's entitlement to benefits for that month. Disregards benefits received for the month in which the individual dies for purposes of the maximum benefit cap.

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Sustainability Act of 2004''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Progress on sustainable development requires the simultaneous achievement of a well functioning environmental system, economic viability that creates new jobs and livable communities that provide access to all for participation in their governance. (2) The Nation has improved some challenging environmental conditions through application of best technologies, but serious problems persist that require new science, technologies, and innovative policy approaches that are flexible, and use market mechanisms, and engage relevant stakeholders from the private and public sectors. (3) Achieving long-term economic prosperity requires opportunities for employment and the maintenance of a healthy environment for the workers. (4) The Nation's institutions of higher education have a unique role to play in fostering new knowledge, evaluating policies, and discovering new technologies to address the persistent and often linked environmental, social and economic problems that exist. (5) The Nation's higher education institutions are places where approaches that integrate the environmental, social and economic dimensions can be designed, tested, and refined for application to real world settings in collaboration with industry, government and the nonprofit sector. (6) The Nation's higher education institutions are uniquely positioned to prepare the future labor force for successful careers in the private and public sectors that contribute to economic, environmental, and social sustainability. (7) The Nation's higher education institutions are uniquely situated to be models of sustainable management and operations that can provide examples to industry and government of operational strategies that integrate the basic principles of environmental, economic, and social sustainability. (b) Purposes.--The purposes of this Act are-- (1) to provide support to faculty, staff, and students at institutions of higher education to establish both administrative and educational sustainability programs on campus; (2) to promote and enhance research by faculty and students at institutions of higher education in sustainability practices and innovations that assist and improve sustainability; and (3) to provide support to institutions of higher education to work with community partners from the business, government, and nonprofit sectors to design and implement sustainability programs for application in the community and workplace. SEC. 3. ESTABLISHMENT OF PROGRAM. Title VII of the Higher Education Act of 1965 is amended by adding at the end the following new part: ``PART E--UNIVERSITY SUSTAINABILITY CENTERS ``SEC. 771. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary shall make grants to eligible entities to establish sustainability centers to design and implement sustainability practices including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors. ``(b) Period of Grant.--The provision of payments under a grant under subsection (a) may extend over a period of not more than 4 fiscal years. ``(c) Definition of Eligible Entities.--For purposes of this part, the term `eligible entity' means a comprehensive college or university that grants 4-year undergraduate degrees and masters and doctoral degrees. ``SEC. 772. APPLICATIONS. ``(a) In General.--To receive a grant under section 771(a), an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. ``(b) Assurances.--Such application shall include assurances that the eligible entity-- ``(1) has developed or shall develop a plan, including an evaluation component, for the program component established pursuant to section 773; ``(2) shall use Federal funds received from a grant under section 771(a) to supplement, not supplant, non-Federal funds that would otherwise be available for projects funded under such section; ``(3) shall provide, with respect to any fiscal year in which such entity receives funds from a grant under section 771(a), non-Federal funds or an in kind contribution in an amount equal to 20 percent of funds from such grant, for the purpose of carrying out the program component established in section 773; and ``(4) shall collaborate with business, government, and the nonprofit sectors in the development and implementation of its sustainability plan. ``SEC. 773. USE OF FUNDS. ``Grants made under section 771 may be used by an eligible entity only for establishing a sustainability program-- ``(1) to develop and implement administrative and operations practices at institutions of higher education that test, model, and analyze principles of sustainability; ``(2) to establish multidisciplinary education, research, and outreach programs at institutions of higher education that address the environmental, social, and economic dimensions of sustainability; ``(3) to support research and teaching initiatives that focus on multidisciplinary and integrated environmental, economic, and social elements; ``(4) to establish initiatives in the areas of energy management, green building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability; and ``(5) to support student, faculty, and staff work at institutions of higher education to implement, research, and evaluate sustainable practices. ``SEC. 774. REPORTS. ``An eligible entity that receives a grant under section section 771(a) shall submit to the Secretary, for each fiscal year in which the entity receives amounts from such grant, a report that describes the work conducted pursuant to section 773, research findings and publications, administrative savings experienced, and an evaluation of the program. ``SEC. 775. ALLOCATION REQUIREMENT. ``The Secretary may not make grants under section 771(a) to any eligible entity in an amount totaling more than 10 percent appropriated under section 776. ``SEC. 776. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out section 771(a) $50,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. ``(b) Availability.--Amounts appropriated under subsection (a) shall remain available until expended.''.

Higher Education Sustainability Act of 2004 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make grants to eligible institutions of higher education to establish university sustainability centers to develop and implement integrated environmental, economic, and social sustainability programs through administrative and operational practices as well as multidisciplinary research, education, and outreach.

To direct the Secretary of Education to provide grants to establish sustainability centers, charged with developing and implementing integrated environmental, economic, and social sustainability programs through administrative and operational practices as well as multidisciplinary research, education, and outreach at institutions of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FACT Act Rulewriting Improvement Act of 2007''. SEC. 2. RAPID IMPLEMENTATION OF REQUIREMENTS ESTABLISHED UNDER THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003. (a) Accuracy Guidelines for Furnishers of Information.--Section 623(e) of the Fair Credit Reporting Act (15 U.S.C. 1681s-2(e)) is amended-- (1) in paragraph (1), by striking ``Federal banking agencies, the National Credit Union Administration, and the Commission shall, with respect to the entities that are subject to their respective enforcement authority under section 621, and in coordination as described in paragraph (2)'' and inserting ``the Commission, in consultation with the Federal banking agencies and the National Credit Union Administration, shall''; (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Guidelines and regulations.-- ``(A) In general.--The Federal banking agencies and the National Credit Union Administration shall establish and maintain guidelines and prescribe regulations, with respect to entities subject to their respective enforcement authority under section 621, that are the same or substantially similar to the guidelines established and maintained by the Commission under paragraph (1)(A) and the regulations prescribed by the Commission under paragraph (1)(B). ``(B) Report on discrepancies.--If there is any discrepancy between any guideline established by, or regulation prescribed by, the Commission under paragraph (1) and any guideline established by, or regulation prescribed by, any Federal banking agency or the National Credit Union Administration, as the case may be, under subparagraph (A), the agency or Administration shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing an explanation for the discrepancy before the end of the 90-day period beginning on the date the guideline was established or the regulation was prescribed in final form by such agency or Administration.''; and (3) in paragraph (3), by striking ``in paragraph (1)'' and inserting ``in paragraphs (1) and (2)''. (b) Ability of Consumer To Dispute Information Directly With Furnisher.--Section 623(a)(8) of the Fair Credit Reporting Act (15 U.S.C. 1681s-2(a)(8)) is amended-- (1) in subparagraph (A), by striking ``Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly prescribe'' and inserting ``Commission, in consultation with the Federal banking agencies and the National Credit Union Administration, shall prescribe''; (2) by adding at the end the following new subparagraph: ``(H) Regulations.-- ``(i) In general.--The Federal banking agencies and the National Credit Union Administration shall prescribe regulations, with respect to entities subject to their respective enforcement authority under section 621, that are the same or substantially similar to the regulations prescribed by the Commission under subparagraph (A). ``(ii) Report on discrepancies.--If there is any discrepancy between any regulation prescribed by the Commission under subparagraph (A) and any regulation prescribed by any Federal banking agency or the National Credit Union Administration under clause (i), the agency or Administration shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing an explanation for the discrepancy before the end of the 90-day period beginning on the date the regulation was prescribed in final form by such agency or Administration.''; and (3) in subparagraphs (B) and (C), by inserting ``or (H)'' after ``under subparagraph (A)'', each place such term appears. (c) Prompt Implementation.-- (1) Commission.--The guidelines required under section 623(e)(1)(A) of the Fair Credit Reporting Act and the regulations required under subsections (a)(8)(A) and (e)(1)(B) of section 623 of such Act (as amended by this section) shall be established or prescribed in final form before the end of the 90-day period beginning on the date of the enactment of this Act. (2) Banking agencies and ncua.--The guidelines required under section 623(e)(2) of the Fair Credit Reporting Act and the regulations required under subsections (a)(8)(H) and (e)(2) of section 623 of such Act (as amended by this section) shall be established or prescribed in final form before the end of the 30-day period beginning on the date of final action by the Federal Trade Commission in accordance with paragraph (1).

FACT Act Rulewriting Improvement Act of 2007 - Amends the Fair Credit Reporting Act to confer responsibility upon the Federal Trade Commission (FTC) alone to establish accuracy guidelines and prescribe regulations (according to the Fair and Accurate Credit Transactions Act of 2003, or the FACT Act of 2003): (1) for furnishers of information to consumer reporting agencies; and (2) about the circumstances under which such a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information in a consumer report, based on a consumer's direct request. (Currently the FTC, the federal banking agencies, and the National Credit Union Administration are jointly required to establish such guidelines and prescribe such regulations.) Directs the federal banking agencies and the National Credit Union Administration to establish guidelines and prescribe regulations within their respective jurisdictions that are the same or substantially similar to those prescribed by the FTC.

To require rapid implementation of guidelines and regulations regarding the accuracy of consumer information furnished to consumer reporting agencies that were required to be established by the Fair and Accurate Credit Transactions Act of 2003 and have not been implemented, to provide that the Federal Trade Commission shall take the lead in implementation of the guidelines and regulations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2016'' or the ``RECLAIM Act of 2016''. SEC. 2. ECONOMIC REVITALIZATION FOR COAL COUNTRY. (a) In General.--Title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding at the end the following: ``SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION. ``(a) In General.--From amounts deposited into the fund under section 401(b) before October 1, 2007, and not otherwise appropriated, $200,000,000 shall be available to the Secretary, without further appropriation, for each of fiscal years 2017 through 2021 for distribution to States and Indian tribes in accordance with this section for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977. ``(b) Use of Funds.--Funds distributed to a State or Indian tribe under subsection (c) shall be used only for those projects that meet the following criteria: ``(1) Related to the reclamation of abandoned mine lands and waters.--The project is designed to-- ``(A) achieve one or more of the priorities stated in section 403(a); or ``(B) be conducted on land adjacent to eligible lands and waters described in section 403(a) that has previously been remediated or will be remediated under this section. ``(2) Contribution to future economic or community development.-- ``(A) In general.--The project is reasonably likely to create favorable conditions for the economic development of the project site or promote the general welfare through economic and community development of the area in which the project is conducted. ``(B) Demonstration of conditions.--Such conditions are demonstrated by-- ``(i) documentation of the role of the project in the area's economic development strategy or other economic and community development planning process; ``(ii) any other documentation of the planned economic and community use of the project site after the primary reclamation activities are completed, which may include contracts, agreements in principle, or other evidence that, once reclaimed, the site is reasonably anticipated to be used for one or more industrial, commercial, residential, agricultural, or recreational purposes; or ``(iii) any other documentation agreed to by the State or Indian tribe that demonstrates the project will meet the criteria set forth in this subsection. ``(3) Location in community affected by recent decline in mining.--The project will be conducted in a community-- ``(A) that has been adversely affected economically by a reduction in coal mining-related activity over the preceding 5 years, as demonstrated by employment data, per capita income, or other indicators of reduced economic activity attributable to such reduction; or ``(B)(i) that has traditionally relied on coal mining for a substantial portion of its economy; and ``(ii) in which the economic contribution of coal mining has significantly declined. ``(4) Stakeholder collaboration.--The project has been the subject of project planning under subsection (f) and has been the focus of collaboration, including partnerships, as appropriate, with interested persons or local organizations. ``(5) Eligible applicants.--The project has been proposed and will be executed by entities of State, local, county, or tribal government, which may include subcontracting project- related activities, as appropriate. ``(c) Distribution of Funds.-- ``(1) Uncertified states.-- ``(A) In general.--From the amount made available in subsection (a), the Secretary shall distribute $195,000,000 annually for each of fiscal years 2017 through 2021 to States and Indian tribes that have a State program approved under section 405 or are referred to in section 402(g)(8)(B), and have not made a certification under section 411(a) in which the Secretary has concurred, as follows: ``(i) Fiscal years 2017 and 2018.--For each of fiscal years 2017 and 2018, the Secretary shall allocate such funds through a formula based on the amount of coal historically produced in each State or from the lands of each Indian tribe concerned before August 3, 1977. ``(ii) Fiscal years 2019 through 2021.--For each of fiscal years 2019 through 2021, the Secretary shall allocate to each State and Indian tribe either-- ``(I) the amount allocated to the State or Indian tribe for fiscal year 2017, plus any amount reallocated to it under this paragraph, if it has committed the full amount of its allocation for the preceding fiscal year to eligible projects; or ``(II) the lesser of the amount the State or Indian tribe has committed to eligible projects from its allocation for the preceding fiscal year or the amount allocated to the State or Indian tribe for fiscal year 2017, if it has not committed the full amount of its allocation for the preceding fiscal year to eligible projects. ``(iii) Fiscal year 2022.--For fiscal year 2022, the Secretary shall allocate to each State or Indian tribe the amount reallocated to the State or Indian tribe under subparagraph (B), if it has committed the full amount of its allocation for fiscal year 2021 to eligible projects. ``(B) Reallocation of uncommitted funds.-- ``(i) Fiscal year 2019 through 2021.--For each of fiscal years 2019 through 2021, the Secretary shall reallocate in accordance with clause (iii) any amount available for distribution under this subsection that has not been committed to eligible projects in the preceding 2 fiscal years, among the States and Indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal year as described in clause (iii). ``(ii) Fiscal year 2022.--For fiscal year 2022, the Secretary shall reallocate in accordance with clause (iii) any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under subparagraph (A)(iii), among the States and Indian tribes that have committed to eligible projects the full amount of their annual allocation for fiscal year 2021. ``(iii) Amount of reallocation.--The amount reallocated to each State or Indian tribe under each of clauses (i) and (ii) shall be determined by the Secretary to reflect, to the extent practicable-- ``(I) the proportion of unreclaimed eligible lands and waters the State or Indian tribe has in the inventory maintained under section 403(c); and ``(II) the proportion of coal mining employment loss incurred in the State or Indian lands, respectively, as determined by the Mine Safety and Health Administration, over the 5-year period preceding the fiscal year for which the reallocation is made. ``(C) Supplemental funds.--Funds distributed under this section-- ``(i) shall be in addition to, and shall not affect, the amount of funds distributed to States and Indian tribes under section 401(f); and ``(ii) shall not reduce any funds distributed to a State or Indian tribe by reason of the application of section 402(g)(8). ``(2) Additional funding to certain states and indian tribes.-- ``(A) Eligibility.--From the amount made available in subsection (a), the Secretary shall distribute $5,000,000 annually for each of the five fiscal years beginning in fiscal year 2017 to States and Indian tribes that have a State program approved under section 405 and-- ``(i) have made a certification under section 411(a) in which the Secretary has concurred; or ``(ii) receive an allocation by reason of the application of section 402(g)(8)(A). ``(B) Application for funds.--Using the process in section 405(f), any State or Indian tribe described in subparagraph (A) may submit a grant application to the Secretary for funds under this paragraph. The Secretary shall review each grant application to confirm that the projects identified in the application for funding are eligible under subsection (b). ``(C) Distribution of funds.--The amount of funds distributed to each State or Indian tribe under this paragraph shall be determined by the Secretary based on the demonstrated need for the funding to accomplish the purposes of this section. ``(d) Resolution of Secretary's Concerns; Congressional Notification.--If the Secretary does not agree with a State or Indian tribe that a proposed project meets the criteria set forth in subsection (b)-- ``(1) the Secretary and the State or tribe shall meet and confer for a period of not less than 30 days to resolve the Secretary's concerns; ``(2) during that period, the Secretary may consult with any appropriate Federal agency, such as the Appalachian Regional Commission, the Economic Development Administration, and the Bureau of Indian Affairs, to assist with the resolution of the concerns; and ``(3) at the end of that period, if the Secretary's concerns are not resolved the Secretary shall provide to the Congress an explanation of the concerns. ``(e) Acid Mine Drainage Treatment.-- ``(1) In general.--Subject to paragraph (2), a State or Indian tribe that receives funds under this section may retain a portion of such funds as is necessary to supplement the State's or tribe's acid mine drainage abatement and treatment fund established under section 402(g)(6)(A), for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section. A State or Indian tribe shall specify the total funds allotted for such costs in its application submitted under subsection (c)(2)(B). ``(2) Condition.--A State or Indian tribe may retain and use funds under this subsection only if the State or tribe can demonstrate that the annual grant distributed to the State or tribe pursuant to section 401(f), including any interest from the State's or tribe's acid mine drainage abatement and treatment fund that is not used for the operation or maintenance of preexisting acid mine drainage treatment systems, is insufficient to fund the operation and maintenance of any acid mine drainage treatment system associated with an individual project funded under this section. ``(f) Project Planning and Administration.-- ``(1) States and indian tribes.-- ``(A) In general.--A State or Indian tribe may use up to 10 percent of its distribution for project planning and the costs of administering this section. ``(B) Planning requirements.--Planning under this paragraph may include-- ``(i) identification of eligible projects; ``(ii) updating the inventory referred to in section 403(c); ``(iii) developing project designs; ``(iv) preparing cost estimates; or ``(v) engaging in other similar activities necessary to facilitate reclamation activities under this section. ``(2) Secretary.--In addition to amounts available for distribution under subsection (a), the Secretary may expend, without further appropriation, not more than $3,000,000 for the five full fiscal years following the date of the enactment of the RECLAIM Act of 2016 for staffing and other administrative expenses necessary to carry out this section. ``(g) Report to Congress.--Each State and Indian tribe to which funds are distributed under this section shall provide to the Congress and the Secretary at the end of each fiscal year for which such funds are distributed a detailed report on the various projects that have been undertaken with such funds and the community and economic benefits that are resulting, or are expected to result from, the use of the funds. ``(h) Committed Defined.--For purposes of this section the term `committed'-- ``(1) means that the State or Indian tribe receiving funds has executed a project agreement with an applicant for such funds; and ``(2) includes any amount used for project planning under subsection (f).''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by adding at the end of the items relating to title IV the following: ``Sec. 416. Abandoned mine land economic revitalization.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. The Surface Mining Control and Reclamation Act of 1977 is amended-- (1) in section 401(c) (30 U.S.C. 1231(c)), by striking ``and'' after the semicolon at the end of paragraph (10), by redesignating paragraph (11) as paragraph (12), and by inserting after paragraph (10) the following: ``(11) to implement section 416; and''; (2) in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by striking ``subsection (f)'' and inserting ``subsection (f) and section 416(a)''; (3) in section 402(g) (30 U.S.C. 1232(g))-- (A) in paragraph (1), by inserting ``and section 416'' after ``subsection (h)''; and (B) by adding at the end of paragraph (3) the following: ``(F) For the purpose of section 416(c)(2)(A).''; and (4) in section 403(c) (30 U.S.C. 1233(c))-- (A) in the first sentence, by-- (i) inserting ``any of'' after ``which meet''; and (ii) striking ``paragraphs (1) and (2) of''; (B) by inserting after the second sentence the following: ``As practicable, States and Indian tribes shall offer such amendments based on the use of remote sensing, global positioning systems, and other advanced technologies.''; and (C) by adding at the end the following: ``The Secretary may perform any work necessary to amend any entry in the inventory that has not been updated by a State or Indian tribe within the preceding 3 years to ensure that the entry is up-to-date and accurate.''.

Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2016 or the RECLAIM Act of 2016 This bill amends the Surface Mining Control and Reclamation Act of 1977 to make specified funds available to the Department of the Interior for each of FY2017-FY2021 for distribution to states and Indian tribes to promote economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977. The bill prescribes general requirements for projects to reclaim abandoned mine lands and waters that are likely to create favorable conditions for the economic development of the project site or promote the general welfare through economic and community development of the area in which the project is conducted. Any such project shall be located in a community affected by a recent decline in mining.A state or Indian tribe that receives funds under this bill may retain a portion of them as necessary to supplement its acid mine drainage abatement and treatment fund for future operation and maintenance costs for the treatment of acid mine drainage associated with individual projects.

RECLAIM Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill Improvements Act of 2003''. SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF ACTIVE-DUTY SERVICE. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``Sec. 3041. Enhanced educational assistance entitlement ``(a) Entitlement.--An eligible individual is entitled to enhanced educational assistance under this subchapter. ``(b) Eligible Individual Defined.--(1) For purposes of this subchapter, the term `eligible individual' means an individual who meets the service requirement described in subsection (c) and whose status after completion of such service is described in section 3011(a)(3) of this title (relating to continuation on active duty, honorable discharge, or honorable service, as the case may be). ``(2) Such term does not include an individual described in paragraph (1) or (2) of section 3011(c) of this title (relating to individuals not electing basic educational assistance under subchapter II of this chapter or certain commissioned officers, respectively). ``(c) Service Requirement.--(1) The service requirement referred to in subsection (b) is as follows: ``(A) After September 30, 2003, the individual-- ``(i) first enters on active duty; ``(ii) reenlists or extends an enlistment on active duty as a member of the Armed Forces; or ``(iii) in the case of an officer, continues to serve on active duty after that date. ``(B) From the date of such entry, reenlistment, extension, or continuation, as the case may be, the individual-- ``(i) serves a continuous period of active duty of at least four years in the Armed Forces; or ``(ii) serves on active duty in the Armed Forces and is discharged or released from active duty-- ``(I) as provided in subclause (I) of section 3011(a)(1)(A)(ii) of this title (relating to service-connected disabilities and other medical conditions); ``(II) for the convenience of the Government, after having completed not less than 42 months of continuous active duty; or ``(III) as provided in subclause (III) of section 3011(a)(1)(A)(ii) of this title (relating to involuntary discharge or release for the convenience of the Government as a result of a reduction in force). ``(2) In determining service under paragraph (1), the following rules apply: ``(A) Any period of service described in paragraph (2) or (3) of section 3011(d) of this title (relating to periods of service terminated because of a defective enlistment and periods of service on active duty which individuals in the Selected Reserve were ordered to perform under certain provisions of chapter 1209 of title 10, respectively) that applies to an eligible individual under this section shall not be considered a part of the individual's period of active duty. ``(B) A member described in paragraph (2) of section 3011(f) of this title (relating to certain members discharged or released who subsequently reenlist or re-enter on a period of active duty) who serves the periods of active duty referred to in such paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in such paragraph. ``(C) Subsections (g) and (h) of section 3011 of this title (relating to assignment full time at a civilian institution for courses of education and to commencement of courses of education at a service academy, respectively) apply with respect to an eligible individual under this section in the same manner as they apply to an individual under section 3011 of this title. ``(d) Election of Basic Educational Assistance.--(1) An eligible individual entitled to enhanced educational assistance under this subchapter may elect (in a form and manner prescribed by the Secretary) to receive basic educational assistance under subchapter II in lieu of such enhanced educational assistance for an enrollment period. Such an election shall be made by not later than 30 days before the beginning of the enrollment period. ``(2) An eligible individual may revoke an election made pursuant to paragraph (1), but in no case may such revocation be made later than 30 days before the beginning of the enrollment period. ``Sec. 3042. Duration of enhanced educational assistance ``(a) In General.--Subject to section 3695 of this title and except as provided in subsection (b), each individual entitled to enhanced educational assistance under section 3041 of this title is entitled to a monthly enhanced educational assistance allowance under this subchapter for a period or periods not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance). ``(b) Special Rule for Certain Early Separations.--Subject to section 3695 of this title, in the case of an individual described in subclause (I) or (III) of section 3041(c)(1)(B)(ii) of this title (relating to individuals discharged for service-connected disabilities or medical conditions or whose service is involuntarily terminated for the convenience of the Government as a result of a reduction in force, respectively) who does not serve a continuous period of active duty of at least four years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of this title), the individual is entitled to one month of enhanced educational assistance benefits under this subchapter (not to exceed a total of 36 months (or the equivalent thereof in part- time enhanced educational assistance)) for each month of continuous active duty served by the individual beginning with the date on which the entry on active duty, reenlistment, enlistment extension, or continuation applicable to that individual under section 3041(c)(1)(A) of this title begins. ``Sec. 3043. Payment of educational expenses ``(a) In General.--(1) Subject to paragraph (2), the Secretary shall pay to the educational institution providing a course under an approved program of education to an eligible individual under this subchapter who is enrolled in the course the actual cost of tuition and fees otherwise payable by the individual. ``(2) Such cost may not exceed the amount charged to nonveterans in similar circumstances. ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall pay to each eligible individual under this subchapter who is pursuing an approved program of education-- ``(1) a stipend as provided in section 3044 of this title; and ``(2) in accordance with regulations prescribed by the Secretary, an amount equal to the average cost, for the year involved, of books and supplies payable by individuals pursuing courses of education at educational institutions. ``Sec. 3044. Amount of stipend ``(a) In General.--Except as provided in section 3042 of this title, the stipend under this subchapter shall be paid at a monthly rate (as that rate may be increased pursuant to subsection (b)) as follows: ``(1) At the monthly rate of $900 for an approved program of education pursued on a full-time basis. ``(2) At the monthly rate of $700 for an approved program of education pursued on a three-quarter-time basis. ``(3) At the monthly rate of $500 for an approved program of education pursued on a half-time basis. ``(4) At the monthly rate of $300 for an approved program of education pursued on less than a half-time basis. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2004, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsection (a) equal to the percentage by which-- ``(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds ``(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).''. (b) Conforming Amendments.--(1) Section 3002 of such title is amended by inserting at the end the following new paragraph: ``(9) The term `enhanced educational assistance' means educational assistance provided under subchapter V.''. (2) Section 3011 of such title is amended in subsection (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (3) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (4) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (5) Section 3018C of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (6) Section 3019 of such title is amended by striking ``chapter'' each place it appears and inserting ``subchapter''. (7) Section 3031 of such title is amended-- (A) in subsection (f), by inserting ``or 3042 of this title'' after ``section 3013'' each place it appears; and (B) in subsection (g), by inserting ``or 3031(c)(1)(B)(ii)(III)'' after ``section 3011(a)(1)(A)(ii)(III)''. (8) Section 3032(e)(3) of such title is amended by inserting ``, or section 3044(a)(1)'' after ``section 3015''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by adding at the end the following new items: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``3041. Enhanced educational assistance entitlement. ``3042. Duration of enhanced educational assistance. ``3043. Payment of educational expenses. ``3044. Amount of stipend.''. SEC. 3. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) Rates for Basic Educational Assistance.--Section 3015 of title 38, United States Code, is amended-- (1) in subsection (a)(1)(C), by striking ``$985'' and inserting ``1,200''; and (2) in subsection (b)(1)(C), by striking ``$800'' and inserting ``$950''. (b) Application of Index Based on Costs of Higher Learning.-- Section 3015(h) of such title is amended to read as follows: ``(h)(1) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsections (a)(1) and (b)(1) equal to the percentage (as determined by the Secretary) by which-- ``(A) the average monthly costs of tuition and expenses for commuter students at public institutions of higher learning that award baccalaureate degrees for purposes of subsections (a)(1) and (b)(1) for the fiscal year involved, exceeds ``(B) such average monthly costs for the preceding fiscal year. ``(2) The Secretary shall make the determination under paragraph (1) after consultation with the Secretary of Education. ``(3) A determination made under paragraph (1) in a year shall take effect on October 1 of that year and apply with respect to basic educational assistance allowances payable under this section for the fiscal year beginning in that year. ``(4) Not later than September 30 each year, the Secretary shall publish in the Federal Register the average monthly costs of tuition and expenses as determined under paragraph (1) in that year.''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to payments for months beginning after September 30, 2003. (2) The amendment made by subsection (b) shall apply to payments for months beginning after September 20, 2004. SEC. 4. REPEAL OF PAY REDUCTION AND HIGH SCHOOL GRADUATION REQUIREMENT FOR PARTICIPATION IN BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) Repeal of Pay Reduction and Election of Benefits.--(1) Section 3011 of title 38, United States Code, is amended-- (A) by striking subsection (b); and (B) in subsection (c), by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Section 3012 of such title is amended-- (A) by striking subsection (c); and (B) in subsection (d), by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (3) Section 3016(a)(1) of such title is amended by striking ``, and does not make an election under section 3011(c)(1) or section 3012(d)(1)''. (4) The amendments made by this subsection shall take effect on October 1, 2003, and apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date. (5) Any reduction in the basic pay of an individual referred to in subsection (b) of section 3011 of title 38, United States Code, by reason of such subsection, or of any individual referred to in subsection (c) of section 3012 of such title by reason of such subsection, shall cease commencing with months beginning after September 30, 2003, and any obligation of such individual under such subsections, as the case may be, as of September 30, 2003, shall be deemed to be fully satisfied as of such date. (b) Repeal of High School Graduation Requirement.--(1) Section 3011(a) of title 38, United States Code, is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (2) Section 3012(a) of such title is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (3) Section 3018(b) of such title is amended-- (A) by striking paragraph (4); (B) by inserting ``and'' at the end of paragraph (3)(C); and (C) by redesignating paragraph (5) as paragraph (4). (4) The amendments made by this subsection shall take effect on the date of the enactment of this Act and apply with respect to individuals applying for basic educational assistance under chapter 30 of title 38, United States Code, on or after such date. (c) Exclusion From Income for Eligibility Determinations for Federal Educational Loans.--Section 3015 of such title is amended-- (1) by redesignating subsection (h), as amended in section 3(b), as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) Exclusion From Income for Eligibility Determinations for Federal Educational Loans.--Notwithstanding any other provision of law, amounts payable by the Secretary under this subchapter with respect to an eligible individual shall not be considered as income for purposes of determining eligibility of such individual for education grants or loans under any other provision of Federal law.''.

Montgomery GI Bill Improvements Act of 2003 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 2003: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Limits to 36 months the period for such enhanced assistance. Requires the payment of educational expenses under such program. Provides a monthly stipend for approved programs of education.Increases the rates of basic educational assistance.Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; (2) a provision authorizing individuals to elect not to receive such assistance; and (3) the requirement that participants complete the requirements of a high school diploma or equivalency certificate prior to the end of their initial obligated period of service in order to be eligible to receive such assistance.Excludes educational assistance payments from income for purposes of eligibility for Federal educational loans.

To amend title 38, United States Code, to improve benefits under the Montgomery GI Bill by establishing an enhanced educational assistance program, by increasing the amount of basic educational assistance, by repealing the requirement for reduction in pay for participation in the program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``RESPONSE Act of 2014''. SEC. 2. RAILROAD EMERGENCY SERVICES PREPAREDNESS, OPERATIONAL NEEDS, AND SAFETY EVALUATION SUBCOMMITTEE. Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) RESPONSE Subcommittee.-- ``(1) Establishment.--Not later than 30 days after the date of the enactment of the RESPONSE Act of 2014, the Administrator shall establish, as a subcommittee of the National Advisory Council, the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee (referred to in this subsection as the `RESPONSE Subcommittee'). ``(2) Membership.--Notwithstanding subsection (c), the RESPONSE Subcommittee shall be composed of the following: ``(A) The Deputy Administrator for Protection and National Preparedness of the Federal Emergency Management Agency, or designee. ``(B) The Director of the Office of Emergency Communications of the Department of Homeland Security, or designee. ``(C) The Director for the Office of Railroad, Pipeline and Hazardous Materials Investigations of the National Transportation Safety Board, or designee, only in an advisory capacity. ``(D) The Associate Administrator for Railroad Safety of the Federal Railroad Administration, or designee. ``(E) The Assistant Administrator for Security Policy and Industry Engagement of the Transportation Security Administration, or designee. ``(F) The Assistant Commandant for Response Policy of the Coast Guard, or designee. ``(G) The Assistant Administrator for the Office of Solid Waste and Emergency Response of the Environmental Protection Agency, or designee. ``(H) The Associate Administrator for Hazardous Materials Safety of the Pipeline and Hazardous Materials Safety Administration, or designee. ``(I) The Chief Safety Officer and Assistant Administrator of the Federal Motor Carrier Safety Administration, or designee. ``(J) Such other qualified individuals as the Administrator shall appoint as soon as practicable after the date of the enactment of the RESPONSE Act of 2014 from among the following: ``(i) Members of the National Advisory Council that have the requisite technical knowledge and expertise to address rail emergency response issues, including members from the following disciplines: ``(I) Emergency management and emergency response providers, including fire service, law enforcement, hazardous materials response, and emergency medical services. ``(II) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation, including Adjutants General. ``(III) Elected State, local, and tribal government executives. ``(IV) Such other individuals as the Administrator determines to be appropriate. ``(ii) Individuals who have the requisite technical knowledge and expertise to serve on the RESPONSE Subcommittee, including representatives of-- ``(I) the rail industry; ``(II) the oil industry; ``(III) the communications industry; ``(IV) emergency response providers, including individuals nominated by national organizations representing local governments and personnel; ``(V) representatives from national Indian organizations; ``(VI) technical experts; and ``(VII) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency responder services. ``(iii) 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 shall serve as the Chairperson of the RESPONSE Subcommittee, or designee. ``(4) Meetings.-- ``(A) Initial meeting.--The initial meeting of the RESPONSE Subcommittee shall take place not later than 90 days after the date of the enactment of the RESPONSE Act of 2014. ``(B) Other meetings.--After the initial meeting, the RESPONSE Subcommittee shall meet at least twice annually, with at least 1 meeting conducted in person during the first year, at the call of the Chairperson. ``(5) Consultation with nonmembers.--The RESPONSE Subcommittee and the program offices for emergency responder training and resources shall consult with other relevant agencies and groups, including entities engaged in federally funded research and academic institutions engaged in relevant work and research, which are not represented on the RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail incidents. ``(6) Recommendations.--The RESPONSE Subcommittee shall evaluate the following topics and develop recommendations for improving emergency responder training and resource allocation for hazardous materials incidents involving railroads: ``(A) Quality and application of training for local emergency first responders related to rail hazardous materials incidents, with a particular focus on local emergency responders and small communities near railroads, including the following: ``(i) Ease of access to relevant training for local emergency first responders, including an analysis of-- ``(I) the number of individuals being trained; ``(II) the number of individuals who are applying; ``(III) whether current demand is being met; ``(IV) current challenges; and ``(V) projected needs. ``(ii) Modernization of course content related to rail hazardous materials incidents, with a particular focus on response to the exponential rise in oil shipments by rail. ``(iii) Training content across agencies and the private sector to provide complementary opportunities for rail hazardous materials incidents courses and materials to avoid overlap, including the following: ``(I) Overlap of course content among agencies. ``(II) Integrated course content through public-private partnerships. ``(III) Regular and ongoing evaluation of course opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for local emergency responders. ``(iv) Online training platforms, train- the-trainer and mobile training options. ``(B) Effectiveness of funding levels related to training local emergency responders for rail hazardous materials incidents, with a particular focus on local emergency responders and small communities, including the following: ``(i) Minimizing overlap in resource allocation among agencies. ``(ii) Minimizing overlap in resource allocation among agencies and private sector. ``(iii) Maximizing public-private partnerships where funding gaps exists for specific training or cost-saving measures can be implemented to increase training opportunities. ``(iv) Adaptation of priority settings for agency funding allocations in response to emerging trends. ``(v) Historic levels of funding across agencies and private sector for rail hazardous materials incidents. ``(vi) Current funding resources across agencies. ``(C) Strategy for integration of commodity flow studies, mapping, and access platforms for local emergency responders and how to increase the rate of access to the individual responder in existing or emerging communications technology. ``(D) The need for emergency response plans for rail, similar to existing law related to maritime and stationary facility emergency response plans for hazardous materials, including the following: ``(i) The requirements of such emergency plans on each train and the format and availability of such emergency plans to emergency responders in communities through which the materials travel. ``(ii) How the industry would implement such plans. ``(iii) The thresholds that require emergency plans for each train related to hazardous materials in its cargo. ``(iv) Gaps in existing regulations across agencies. ``(E) The need for a rail hazardous materials incident database, including the following: ``(i) An assessment of the appropriate entity to host the database. ``(ii) A definition of `rail hazardous materials incident' that would constitute the level of reporting from the industry. ``(iii) The projected cost of such a database and how that database would be maintained and enforced. ``(F) Increasing access to relevant, useful, and timely information for the local emergency responder for training purposes and in the event of a rail hazardous materials incident, including the following: ``(i) Existing information that the emergency responder can access, what the current rate of access and usefulness is for the emergency responder, and what current information should remain and what should be reassessed. ``(ii) Utilization of existing technology in the hands of the first responder to maximize delivery of useful and timely information for training purposes or in the event of an incident. ``(iii) Assessment of emerging communications technology that could assist the emergency responder in the event of an incident. ``(G) Determination of the most appropriate agencies and offices for the implementation of the recommendations, including-- ``(i) recommendations that can be implemented without congressional action and appropriate time frames for such actions; and ``(ii) recommendations that would require congressional action. ``(7) Report.-- ``(A) In general.--Not later than 1 year after the date of the enactment of the RESPONSE Act of 2014, the RESPONSE Subcommittee shall submit a report containing the recommendations developed under paragraph (6) to the National Advisory Council. ``(B) Review.--The National Advisory Council shall take up the RESPONSE Subcommittee's report within 30 days for review and deliberation. The National Advisory Council may ask for additional clarification, changes, or other information from the RESPONSE Subcommittee to assist in the approval of the recommendations. ``(C) Recommendation.--Once the National Advisory Council approves the recommendations from the RESPONSE Subcommittee, the National Advisory Council shall submit the report to-- ``(i) the Administrator; ``(ii) the head of each agency represented on the RESPONSE Subcommittee; ``(iii) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(iv) the Committee on Homeland Security of the House of Representatives; and ``(v) the Committee on Transportation and Infrastructure of the House of Representatives. ``(8) Interim activity.-- ``(A) Updates and oversight.--After the submission of the report by the National Advisory Council under paragraph (7), the Administrator shall-- ``(i) provide quarterly updates to the congressional committees referred to in paragraph (7) regarding the status of the implementation of the recommendations developed under paragraph (6); and ``(ii) coordinate the implementation of the recommendations described in paragraph (6)(G)(i). ``(B) Additional reports.--After submitting the report required under paragraph (7), the RESPONSE Subcommittee shall submit additional reports and recommendations in the same manner and to the same entities identified in paragraph (7) if needed or requested from Congress or from the Administrator. ``(9) Termination.-- ``(A) In general.--Except as provided in subparagraph (B), the RESPONSE Subcommittee shall terminate not later than 4 years after the date of the enactment of the RESPONSE Act of 2014. ``(B) Extension.--The Administrator may extend the duration of the RESPONSE Subcommittee, in 1-year increments, if the Administrator determines that additional reports and recommendations are needed from the RESPONSE Subcommittee after the termination date set forth in subparagraph (A).''.

RESPONSE Act of 2014 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to establish the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee of the National Advisory Council. Directs the Subcommittee to evaluate the following topics and develop recommendations for improving emergency responder training and resource allocation for hazardous materials incidents involving railroads: the quality and application of training for local emergency first responders related to rail hazardous materials incidents, with a particular focus on local emergency responders and small communities near railroads; the effectiveness of funding levels related to training local emergency responders for rail hazardous materials incidents, with a particular focus on local emergency responders and small communities; a strategy for integration of commodity flow studies, mapping, and access platforms for local emergency responders and how to increase the rate of access to the individual responder in existing or emerging communications technology; the need for emergency response plans for rail, similar to existing law related to maritime and stationary facility emergency response plans for hazardous materials; the need for a rail hazardous materials incident database; increasing access to relevant, useful, and timely information for the local emergency responder for training purposes and in the event of a rail hazardous materials incident; and determining the most appropriate agencies and offices for the implementation of the recommendations. Terminates the Subcommittee not later than four years after this Act's enactment, subject to one year extensions.

RESPONSE Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Measures to Prevent Childhood Obesity Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Obesity is related to more than 30 chronic conditions, including diabetes, cancer, cardiovascular disease, and arthritis. (2) Obesity has become a major health concern for millions of Americans, as 1 in 3 adults and nearly 1 in 5 children have obesity, according to the Centers for Disease Control and Prevention. (3) Left unchecked, nearly 50 percent of Americans will be obese by 2030, according to a recent study. (4) Rates of obesity among children and adolescents have nearly tripled since 1980, according to the Centers for Disease Control and Prevention. (5) The Centers for Disease Control and Prevention estimates that more than 75 percent of health care costs are due to chronic conditions. (6) A recent study conducted by researchers at Cornell University and Lehigh University concluded that obesity accounts for nearly 21 percent of health care costs in America. (7) Direct medical spending on obesity could exceed $300,000,000,000 annually by 2018, according to an analysis conducted by McKinsey and Company. (8) Obesity has become a threat to national security and is the leading medical reason for applicants failing to qualify for military service, according to a report issued by Mission:Readiness. (9) A report issued by the Trust for America's Health concludes that reducing the average body mass index by 5 percent in the United States could lead to more than $29,000,000,000 in health care savings in five years. (10) Studies show that an overweight or obese child or adolescent is significantly more likely to have obesity as an adult. (11) Tracking, measuring, and monitoring body mass index for children is vital in facilitating a lifetime of healthy behaviors. (12) Body mass index should be considered as a vital sign. SEC. 3. MEASURES TO PREVENT CHILDHOOD OBESITY ACT. (a) Reporting of Body Mass Index Information Requirement for Children.-- (1) In general.--Subsection (a) of section 2125 of the Public Health Service Act (42 U.S.C. 300aa-25) is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period and adding ``, and'' at the end of paragraph (4); and (C) by adding at the end the following new paragraph: ``(5) the age, gender, height, and weight of each person vaccinated to calculate the body mass index of such person.''. (2) Reporting.--Subsection (b) of such section is amended-- (A) in paragraph (1)-- (i) by striking ``and'' at the end of subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B) the following new subparagraph: ``(C) the information recorded under subsection (a)(5), and''; and (B) by adding at the end the following new paragraph: ``(4) Each health provider shall also report to the relevant department of the State in which such health care provider practices the data collected under subsection (a)(5).''. (b) Grants for Body Mass Index Data Analysis.-- (1) Establishment.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') may make grants to not more than 20 eligible entities to analyze body mass index (in this section referred to as ``BMI'') measurements of children, ages 2 through 18. (2) Eligibility.--An eligible entity for purposes of this section is a State (including the District of Columbia, the Commonwealth of Puerto Rico, and each territory of the United States) that has a statewide immunization information system that-- (A) has the capacity to store basic demographic information (including date of birth, gender, and geographic area of residence), height, weight, and immunization data for each resident of the State; (B) is accessible to doctors, nurses, other licensed health care professionals, and officials of the relevant department in the State charged with maintaining health and immunization records; and (C) has the capacity to integrate large amounts of data for the analysis of BMI measurements. (3) Use of funds.--A State that receives a grant under this section shall use the grant for the following purposes: (A) Analyzing the effectiveness of obesity prevention programs and wellness policies carried out in the State. (B) Purchasing new computers, computer equipment, and software to upgrade computers to be used for a statewide immunization information system. (C) The hiring and employment of personnel to maintain and analyze BMI data. (D) The development and implementation of training programs for health care professionals to aid such professionals in taking BMI measurements and discussing such measurements with patients. (E) Providing information to parents and legal guardians in accordance with paragraph (5)(B). (4) Selection criteria.--In selecting recipients of grants under this section, the Secretary shall give priority to States in which a high percentage of public and private health care providers submit data to a statewide immunization information system that-- (A) contains immunization data for not less than 20 percent of the population of such State that is under the age of 18; and (B) includes data collected from men and women who are of a wide variety of ages and who reside in a wide variety of geographic areas in a State (as determined by the Secretary). (5) Conditions.--As a condition of receiving a grant under this section, a State shall-- (A) ensure that BMI measurements will be recorded for children ages 2 through 18-- (i) on an annual basis by a licensed physician, nurse, nurse practitioner, or physicians assistant during an annual physical examination, wellness visit, or similar visit with a physician; and (ii) in accordance with data collection protocols published by the American Academy of Pediatrics in the 2007 Expert Committee Recommendations; and (B) for each child in the State for whom such measurements indicate a BMI greater than the 95th percentile for such child's age and gender, provide to the parents or legal guardians of such child information on how to lower BMI and information on State and local obesity prevention programs. (6) Reports.-- (A) Reports to the secretary.--Not later than 5 years after the receipt of a grant under this section, the State receiving such grant shall submit to the Secretary the following reports: (i) A report containing an analysis of BMI data collected using the grant, including-- (I) the differences in obesity trends by gender, disability, geographic area (as determined by the State), and socioeconomic status within such State; and (II) the demographic groups and geographic areas most affected by obesity within such State. (ii) A report containing an analysis of the effectiveness of obesity prevention programs and State wellness policies, including-- (I) an analysis of the success of such programs and policies prior to the receipt of the grant; and (II) a discussion of the means to determine the most effective strategies to combat obesity in the geographic areas identified under clause (i). (B) Report to congress and certain executive agencies.--Not later than 1 year after the Secretary receives all the reports required pursuant to subparagraph (A), the Secretary shall submit to the Secretary of Education, the Secretary of Agriculture, and to Congress a report that contains the following: (i) An analysis of trends in childhood obesity, including how such trends vary across regions of the United States, and how such trends vary by gender and socioeconomic status. (ii) A description of any programs that-- (I) the Secretary has determined significantly lower childhood obesity rates for certain geographic areas in the United States, including urban, rural, and suburban areas; and (II) the Secretary recommends to be implemented by the States (including States that did not receive a grant under this section). (7) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for each of fiscal years 2013 through 2018.

Measures to Prevent Childhood Obesity Act of 2012 - Amends the Public Health Service Act to require: (1) each health care provider that administers a vaccine set forth in the Vaccine Injury Table to record in the vaccinated person's medical record the person's age, gender, height, and weight to calculate body mass index (BMI); (2) the provider and the vaccine manufacturer to report such information to the Secretary of Health and Human Services (HHS); and (3) the provider to report to the relevant department of the state in which it practices the data collected. Authorizes the Secretary to make grants to not more than 20 entities (states and territories with statewide immunization information systems that meet certain requirements) to analyze BMI measurements of children of ages 2 through 18. Gives priority in grant selection to states in which a high percentage of health care providers submit data to a statewide immunization information system that contains immunization data for at least 20 percent of the population under the age of 18 and includes data collected from men and women of a wide variety of ages who reside in a wide variety of geographic areas. Provides standards for BMI measurement in recipient states, including concerning the providing of information on state and local obesity prevention programs. Sets forth state reporting requirements regarding BMI data and obesity prevention and wellness programs and policies. Requires a report to Congress and the Departments of Education and of Agriculture (USDA) analyzing childhood obesity trends and describing programs that significantly lower childhood obesity rates for certain geographic areas and which the Secretary recommends for implementation by states.

To prevent childhood obesity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska Development Trust Fund Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) by enacting the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the Pick-Sloan Missouri River Basin program (referred to in this section as the ``Pick-Sloan program'')-- (A) to promote the general economic development of the United States; (B) to provide for irrigation above Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the waters impounded for the Fort Randall and Gavins Point projects of the Pick-Sloan program have inundated the fertile, wooded bottom lands along the Missouri River that constituted the most productive agricultural and pastoral lands of, and the homeland of, the members of the Yankton Sioux Tribe and the Santee Sioux Tribe; (3) the Fort Randall project (including the Fort Randall Dam and Reservoir)-- (A) overlies the western boundary of the Yankton Sioux Tribe Indian Reservation; and (B) has caused the erosion of more than 400 acres of prime land on the Yankton Sioux Reservation adjoining the east bank of the Missouri River; (4) the Gavins Point project (including the Gavins Point Dam and Reservoir) overlies the eastern boundary of the Santee Sioux Tribe; (5) although the Fort Randall and Gavins Point projects are major components of the Pick-Sloan program, and contribute to the economy of the United States by generating a substantial amount of hydropower and impounding a substantial quantity of water, the reservations of the Yankton Sioux Tribe and the Santee Sioux Tribe remain undeveloped; (6) the United States Army Corps of Engineers took the Indian lands used for the Fort Randall and Gavins Point projects by condemnation proceedings; (7) the Federal Government did not give Yankton Sioux Tribe and the Santee Sioux Tribe an opportunity to receive compensation for direct damages from the Pick-Sloan program, even though the Federal Government gave 5 Indian reservations upstream from the reservations of those Indian tribes such an opportunity; (8) the Yankton Sioux Tribe and the Santee Sioux Tribe did not receive just compensation for the taking of productive agricultural Indian lands through the condemnation referred to in paragraph (6); (9) the settlement agreement that the United States entered into with the Yankton Sioux Tribe and the Santee Sioux Tribe to provide compensation for the taking by condemnation referred to in paragraph (6) did not take into account the increase in property values over the years between the date of taking and the date of settlement; and (10) in addition to the financial compensation provided under the settlement agreements referred to in paragraph (9)-- (A) the Yankton Sioux Tribe should receive an aggregate amount equal to $34,323,743 for-- (i) the loss value of 2,851.40 acres of Indian land taken for the Fort Randall Dam and Reservoir of the Pick-Sloan program; and (ii) the use value of 408.40 acres of Indian land on the reservation of that Indian tribe that was lost as a result of stream bank erosion that has occurred since 1953; and (B) the Santee Sioux Tribe should receive an aggregate amount equal to $8,132,838 for the loss value of-- (i) 593.10 acres of Indian land located near the Santee village; and (ii) 414.12 acres on Niobrara Island of the Santee Sioux Tribe Indian Reservation used for the Gavins Point Dam and Reservoir. SEC. 3. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Program.--The term ``Program'' means the power program of the Pick-Sloan Missouri River Basin program, administered by the Western Area Power Administration. (3) Santee sioux tribe.--The term ``Santee Sioux Tribe'' means the Santee Sioux Tribe of Nebraska. (4) Tribal plan.--The term ``Tribal Plan'' means a plan developed pursuant to section 6. SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Yankton Sioux Tribe Development Trust Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of any amounts deposited in the Fund under this Act. (b) Funding.--Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit $34,323,743 into the Fund not later than 60 days after the date of enactment of this Act. (c) Investments.--The Secretary of the Treasury shall invest the amounts deposited under subsection (b) in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Yankton Sioux Tribe.-- (1) Withdrawal of interest.--Beginning at the end of the first fiscal year in which interest is deposited into the Fund, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. (2) Payments to yankton sioux tribe.-- (A) In general.--The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Yankton Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Yankton Sioux Tribe has adopted a Tribal Plan. (C) Use of payments by yankton sioux tribe.--The Yankton Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the Tribal Plan. (D) Pledge of future payments.-- (i) In general.--Subject to clause (ii), the Yankton Sioux Tribe may enter into an agreement under which that Indian tribe pledges future payments under this paragraph as security for a loan or other financial transaction. (ii) Limitations.--The Yankton Sioux Tribe-- (I) may enter into an agreement under clause (i) only in connection with the purchase of land or other capital assets; and (II) may not pledge, for any year under an agreement referred to in clause (i), an amount greater than 40 percent of any payment under this paragraph for that year. (e) Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 5. SANTEE SIOUX TRIBE OF NEBRASKA DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Santee Sioux Tribe of Nebraska Development Trust Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of any amounts deposited in the Fund under this Act. (b) Funding.--Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit $8,132,838 into the Fund not later than 60 days after the date of enactment of this Act. (c) Investments.--The Secretary of the Treasury shall invest the amounts deposited under subsection (b) in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Santee Sioux Tribe.-- (1) Withdrawal of interest.--Beginning at the end of the first fiscal year in which interest is deposited into the Fund, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. (2) Payments to santee sioux tribe.-- (A) In general.--The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Santee Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Santee Sioux Tribe has adopted a Tribal Plan. (C) Use of payments by santee sioux tribe.--The Santee Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the Tribal Plan. (D) Pledge of future payments.-- (i) In general.--Subject to clause (ii), the Santee Sioux Tribe may enter into an agreement under which that Indian tribe pledges future payments under this paragraph as security for a loan or other financial transaction. (ii) Limitations.--The Santee Sioux Tribe-- (I) may enter into an agreement under clause (i) only in connection with the purchase of land or other capital assets; and (II) may not pledge, for any year under an agreement referred to in clause (i), an amount greater than 40 percent of any payment under this paragraph for that year. (e) Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 6. TRIBAL PLANS. (a) In General.--Not later than 24 months after the date of enactment of this Act, the tribal council of each of the Yankton Sioux and Santee Sioux Tribes shall prepare a plan for the use of the payments to the Indian tribe under section 4(d) or 5(d). (b) Contents of Tribal Plan.--Each Tribal Plan shall provide for the manner in which the Indian tribe covered under the Tribal Plan shall expend payments to the Indian tribe under this Act to promote-- (1) economic development; (2) infrastructure development; (3) the educational, health, recreational, and social welfare objectives of the Indian tribe and its members; or (4) any combination of the activities described in paragraphs (1), (2), and (3). (c) Tribal Plan Review and Revision.-- (1) In general.--Each tribal council referred to in subsection (a) shall make available for review and comment by the members of the Indian tribe a copy of the Tribal Plan for the Indian tribe before the Tribal Plan becomes final, in accordance with procedures established by the tribal council. (2) Updating of tribal plan.--Each tribal council referred to in subsection (a) may, on an annual basis, revise the Tribal Plan prepared by that tribal council to update the Tribal Plan. In revising the Tribal Plan under this paragraph, the tribal council shall provide the members of the Indian tribe opportunity to review and comment on any proposed revision to the Tribal Plan. SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES. (a) In General.--No payment made to the Yankton Sioux Tribe or Santee Sioux Tribe pursuant to this Act shall result in the reduction or denial of any service or program to which, pursuant to Federal law-- (1) the Yankton Sioux Tribe or Santee Sioux Tribe is otherwise entitled because of the status of the Indian tribe as a federally recognized Indian tribe; or (2) any individual who is a member of a Indian tribe under paragraph (1) is entitled because of the status of the individual as a member of the Indian tribe. (b) Exemptions From Taxation.--No payment made pursuant to this Act shall be subject to any Federal or State income tax. (c) Power Rates.--No payment made pursuant to this Act shall affect Pick-Sloan Missouri River Basin power rates. SEC. 8. STATUTORY CONSTRUCTION. Nothing in this Act may be construed as diminishing or affecting any water right of an Indian tribe, except as specifically provided in another provision of this Act, any treaty right that is in effect on the date of enactment of this Act, any authority of the Secretary of the Interior or the head of any other Federal agency under a law in effect on the date of enactment of this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be necessary for the administration of the Yankton Sioux Tribe Development Trust Fund under section 4 and the Santee Sioux Tribe of Nebraska Development Trust Fund under section 5.

Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments for carrying out projects and programs to promote: (1) economic development; (2) infrastructure development; or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members. Prohibits any payment made to either Tribe pursuant to this Act from: (1) resulting in the reduction or denial of any service or program to which the Tribe or any member of the Tribe is otherwise entitled because of federally recognized status; (2) being subject to any Federal or State income tax; or (3) affecting Pick-Sloan Missouri River Basin power rates. Authorizes appropriations.

Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska Development Trust Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``WAIVE Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As of July 15, 2011, the Department of Health and Human Services has approved 1,471 one-year waivers giving some Americans temporary relief from onerous annual benefit limit mandates included in the health care laws President Obama signed on March 23, 2010, and March 30, 2010 (Public Laws 111- 148 and 111-152). (2) As of July 15, 2011, these 1,471 one-year annual benefit limit waivers cover 3,200,000 Americans. (3) Of the 3,200,000 Americans granted a one-year annual benefit limit waiver by the Department of Health and Human Services, approximately half (1,619,960) are union members. (4) On June 14, 2011, the Government Accountability Office released a report titled ``Private Health Insurance: Waivers of Restrictions on Annual Limits on Health Benefits''. (5) The Government Accountability Office report proves millions of Americans had to seek waivers from the health care law's annual benefit limit mandate in order to avoid double- digit health insurance premium increases. (6) The Government Accountability Office report indicates the Department of Health and Human Services granted annual benefit limit waivers to unions, employers, and insurers whose applications projected significant premium increases of at least 10 percent or more. (7) The Government Accountability Office report, and additional academic literature, shows that the Department of Health and Human Services was forced to grant special annual benefit limit waivers because certain employers, unions, insurers, and others cannot comply with the health care law's new coverage mandates and continue offering health insurance to their employees. (8) The Government Accountability Office data concludes premiums are going up as a direct result of the health care law, threatening private insurance coverage options and violate the promise that ``you can keep what you have today, if you like it''. (9) Independent analysis by the non-partisan Congressional Budget Office confirms that premiums will increase by $2,100 per year for families buying insurance on their own, while Administration officials repeatedly promised the American people their costs would go down by $2,500 per year. (10) On June 17, 2011, the Department of Health and Human Services announced plans to terminate its arbitrary annual benefit limit waiver policy. Administration officials will stop taking waiver applications on September 22, 2011. (11) While the Executive Branch did send millions of postcards advertising the health care law's small business tax credit, it remains unclear if similar efforts are currently underway to inform small business owners about the new annual benefit limit waiver process and program termination. (12) Any new business starting up after September 22, 2011, will not have an opportunity to request and secure an annual benefit limit waiver from the Department of Health and Human Services. Without a waiver, these employers may not be able to afford to offer any health insurance coverage to their employees at all. SEC. 3. INDIVIDUAL PPACA WAIVERS. (a) In General.--An individual may apply for a waiver from one or more of the requirements of the Patient Protection and Affordable Care Act (or an amendment made by that Act or a regulation promulgated under that Act or amendment) by submitting an application to the Secretary of Health and Human Services (referred to in this Act as the ``Secretary''). (b) Requirements.--An application submitted under subsection (a) shall include the following: (1) The provision or provisions of the Patient Protection and Affordable Care Act (or an amendment made by that Act or a regulation promulgated under that Act or amendment) for which the waiver is being sought. (2) A brief description of why compliance with the provision or provisions involved would result in-- (A) a decrease in access to benefits that are currently covered by a plan or policy in which the individual is enrolled; or (B) an increase in premiums to be paid by the individual for such coverage. (c) Completion of Process.--The Secretary shall issue waivers within 30 days of the receipt of such application. (d) Guidance.--The Secretary shall issue guidance to individuals in how they can apply for and be granted a waiver under this section.

WAIVE Act - Allows an individual to apply for a waiver from one or more of the requirements of the Patient Protection and Affordable Care Act (PPACA) by submitting an application to the Secretary of Health and Human Services (HHS). Requires the application to include: (1) the provision or provisions of PPACA for which the waiver is being sought; and (2) a brief description of why compliance would result in a decrease in access to benefits that are currently covered by a plan or policy in which the individual is enrolled or an increase in premiums to be paid by the individual for such coverage. Requires the Secretary to: (1) issue waivers within 30 days of the receipt of such application, and (2) issue guidance to individuals in how they can apply for and be granted a waiver under this Act.

A bill to ensure that all Americans have access to waivers from the Patient Protection and Affordable Care Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Procure PGMS For Israel Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Hezbollah constitutes a major threat. (2) Israel uses precision guided munitions to save civilian lives. (3) Congress authorized the War Reserves Stockpile-Israel primarily for use by United States Armed Forces to address regional contingencies. (4) Israeli supplies of precision guided munitions dwindled during the 2006 Lebanon War. (5) Given the enhanced threat of Hezbollah to Israel, there is a need to ensure the War Reserves Stock Allies-Israel is sufficiently large to meet the threat while ensuring adequate supplies for the United States. SEC. 3. JOINT ASSESSMENT OF QUANTITY OF PRECISION GUIDED MUNITIONS FOR USE BY ISRAEL. (a) In General.--The President, acting through the Secretary of Defense, is authorized to conduct a joint assessment with the Government of Israel with respect to the matters described in subsection (b). (b) Matters Described.--The matters described in this subsection are the following: (1) The quantity and type of precision guided munitions that are necessary for Israel to combat Hezbollah in the event of a sustained armed confrontation between Israel and Hezbollah. (2) The plan of the Government of Israel to acquire such precision guided munitions. (3) The role of the United States to assist the Government of Israel in carrying out the plan described in paragraph (2), if any. (c) Report.--Not later than 15 days after the date on which the joint assessment authorized under subsection (a) is completed, the Secretary shall submit to Congress a report that contains the joint assessment. SEC. 4. AMENDMENT TO DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005. Section 12001 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended-- (1) in subsection (a)(2), by inserting ``(other than precision guided munitions)'' after ``and other munitions''; (2) in subsection (c), by striking ``this section'' and inserting ``subsection (a)''; (3) by redesignating subsection (d) as subsection (e); and (4) by inserting after subsection (c) the following: ``(d)(1) Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized to-- ``(A) add precision guided munitions to reserve stocks for Israel; and ``(B) transfer precision guided munitions from reserve stocks for Israel to or for use by the Government of Israel for the purpose of assisting Israel defend itself against rockets fired by Hezbollah or other terrorist organizations within the prior 30 days and with the likely possibility of a sustained conflict between Hezbollah and Israel. ``(2) Not later than 5 days before making a transfer under paragraph (1), the President shall certify to the Committees on Foreign Relations and Armed Services of the Senate and the Committees on Foreign Affairs and Armed Services of the House of Representatives that the transfer of the precision guided munitions-- ``(A) meets the requirements described in paragraph (1)(B); ``(B) does not affect the ability of the United States to maintain a sufficient supply of precision guided munitions; and ``(C) does not harm the combat readiness of the United States or the ability of the United States to meet its commitment to allies for the sale of such munitions.''. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that Department of Defense should work with the defense industrial base to ensure it is able to produce precision guided munitions with greater rapidity in order to resupply United States efforts to combat the Islamic State of Iraq and the Levant (ISIL) and to assist allies such as Israel in their fight against Hezbollah. SEC. 6. MODIFICATION OF RAPID ACQUISITION AND DEPLOYMENT PROCEDURES. (a) Requirement To Establish Procedures.-- (1) In general.--Section 806(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note; 116 Stat. 2607) is amended-- (A) in paragraph (1)(C), by striking ``; and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) urgently needed to support production of precision guided munitions-- ``(A) for United States counterterrorism missions; or ``(B) to assist an ally of the United States under direct missile threat from an organization the Secretary of State has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).''. (2) Prescription of procedures.--The Secretary of Defense shall prescribe procedures for the rapid acquisition and deployment of supplies and associated support services for purposes described in paragraph (3) of section 806(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, as added by paragraph (1) of this subsection, not later than 180 days after the date of the enactment of this Act. (b) Use of Amounts in Special Defense Acquisition Fund.--Section 114(c)(3) of title 10, United States Code, is amended by inserting at the end before the period the following: ``or to assist an ally of the United States that is under direct missile threat, including from a terrorist organization supported by Iran, and such threat adversely affects the safety and security of such ally''.

Procure PGMS For Israel Act This bill authorizes the President to: (1) conduct a joint assessment with the government of Israel regarding Israel's precision guided munitions needs in a sustained armed confrontation with Hezbollah, and (2) add precision guided munitions to war reserve stocks in Israel and to transfer such munitions to Israel for rocket defense in the likely possibility of a sustained Israeli-Hezbollah conflict. Prior to any such transfer the President must certify to Congress that the transfer does not harm U.S. combat readiness or affect U.S. precision guided munitions supplies. The bill includes the production of precision guided munitions in the Department of Defense's rapid acquisition and deployment procedures. The bill permits use of the Special Defense Acquisition Fund to assist a U.S. ally that is under direct missile threat.

Procure PGMS For Israel Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Storage Stewardship Trust Fund Act of 2009''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to promote the commercial deployment of carbon capture and storage as an essential component of a national climate mitigation strategy; (2) to require private liability assurance during the active project period of a carbon dioxide storage facility; (3) to establish a Federal trust fund consisting of amounts received as fees from operators of carbon dioxide storage facilities; (4) to establish a limit on liability for damages caused by injection of carbon dioxide by carbon dioxide storage facilities subject to certificates of closure; (5) to establish a program-- (A) to certify the closure of commercial carbon dioxide storage facilities; and (B) to provide for the transfer of long-term stewardship to the Federal Government for carbon dioxide storage facilities on the issuance of certificates of closure for the facilities; (6) to provide for the prompt and orderly compensation for damages relating to the storage of carbon dioxide; and (7) to protect the environment and public by providing long-term stewardship of geological storage units. SEC. 3. DEFINITIONS. In this Act: (1) Active project period.--The term ``active project period'' means the phases of the carbon dioxide storage facility through receipt of a certificate of closure, including-- (A) the siting and construction of the facility; (B) carbon dioxide injection; (C) well capping; (D) facility decommissioning; and (E) geological storage unit monitoring, measurement, verification, and remediation. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Carbon dioxide storage facility.--The term ``carbon dioxide storage facility'' means a facility that receives and permanently stores or sequesters carbon dioxide within a geological storage unit, including carbon dioxide permanently stored as a result of enhanced hydrocarbon recovery. (4) Certificate of closure.--The term ``certificate of closure'' means a determination issued by the Administrator or other Federal or State regulatory authority with respect to a carbon dioxide storage facility that certifies that the operator of the carbon dioxide storage facility has completed injection operations, well closure, and any required monitoring and remediation to ensure that any carbon dioxide injected into a geological storage unit would not harm or present a risk to human health, safety, and the environment, including drinking water supplies. (5) Civil claim.--The term ``civil claim'' means a claim, cause of action, lawsuit, judgment, court order, administrative order, government or agency order, fine, penalty, or notice of violation, for civil relief with respect to damages or harm to persons, property, or natural resources from the injection of carbon dioxide by a carbon dioxide storage facility. (6) Damage.-- (A) In general.--The term ``damage'' means any direct or indirect damage or harm to persons, property, or natural resources from the injection of carbon dioxide into geological storage units. (B) Inclusions.--The term ``damage'' includes personal injury, sickness, real or personal property damage, natural resource damage, trespass, subsidence losses, revenue losses, and loss of profits. (7) Enhanced hydrocarbon recovery.--The term ``enhanced hydrocarbon recovery'' means the use of carbon dioxide to improve or enhance the recovery of oil or natural gas from oil or natural gas fields. (8) Fund.--The term ``Fund'' means the Carbon Storage Trust Fund established by section 5(d)(1). (9) Geological storage unit.--The term ``geological storage unit'' includes saline formations, hydrocarbon formations, basalt formations, salt caverns, unmineable coal seams, or any other geological formation capable of permanently storing carbon dioxide. (10) Liability assurance.--The term ``liability assurance'' means privately funded financial mechanisms, including third- party insurance, self-insurance, performance bonds, trust funds, letters of credit, and surety bonds. (11) Long-term stewardship.--The term ``long-term stewardship'' means the monitoring, measurement, verification, and remediation and related activities associated with a carbon dioxide storage facility after issuance of a certificate of closure. (12) Program.--The term ``Program'' means the Carbon Storage Stewardship and Trust Fund Program established by section 5(a). (13) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. LONG-TERM STEWARDSHIP RESPONSIBILITY. (a) In General.--Subject to subsection (b), the Secretary shall be responsible for the long-term stewardship of a carbon dioxide storage facility on the issuance of a certificate of closure for the carbon dioxide storage facility. (b) Transfer to State.-- (1) In general.--A State may request that the management responsibilities associated with long-term stewardship of a carbon dioxide storage facility located in the State be transferred to the State in accordance with regulations established by the Secretary. (2) Approval of request.--If the Secretary approves a request under paragraph (1), the State shall be responsible for the long-term stewardship of the applicable carbon dioxide storage facility beginning on the date of the approval in accordance with applicable Federal and State laws (including regulations). (3) Failure to act by state.--In accordance with any regulations established under paragraph (1), if the Secretary determines that a State that has accepted management responsibilities under paragraph (1) has failed to carry out the responsibilities of the State with respect to the carbon dioxide storage facility, the Secretary shall assume long-term stewardship of the carbon dioxide storage facility as soon as practicable after the date of the determination. (c) Standards.--The Secretary, in coordination with the Administrator, shall establish standards for any monitoring, measurement, verification, and site remediation activities necessary to protect health, safety, and the environment during long-term stewardship performed by a State or the Federal Government. (d) Coordination With Administrator.--If long-term stewardship is vested with the Secretary, the Secretary may coordinate responsibility for site monitoring, measurement, verification, and remediation and related activities with the Administrator. SEC. 5. CARBON STORAGE STEWARDSHIP AND TRUST FUND PROGRAM. (a) In General.--There is established in the Department of Energy the Carbon Storage Stewardship and Trust Fund Program. (b) Liability Assurance Required for Operators of Commercial Carbon Dioxide Storage Facilities.--Notwithstanding any other provision of Federal or State law, in carrying out the Program, the Secretary shall require operators of carbon dioxide storage facilities to maintain adequate liability assurance during the active project period. (c) Fees.-- (1) In general.--In carrying out the Program, the Secretary shall require operators of carbon dioxide storage facilities to pay a risk-based fee, in an amount to be established in accordance with paragraph (2), for each ton of carbon dioxide injected by the carbon dioxide storage facility into geological storage units during the operation phase of the facility. (2) Amount.-- (A) In general.--As soon as practicable after the date of enactment of this Act and after taking into account the criteria described in subparagraph (B), the Secretary shall establish-- (i) the minimum and maximum balance for the Fund; and (ii) the amount of the fee required under paragraph (1). (B) Criteria.--The criteria referred to in subparagraph (A) are-- (i) the estimated quantity of carbon dioxide to be injected annually into geological storage units by all operating commercial carbon dioxide storage facilities; (ii) the likelihood or risk of an incident resulting in liability; (iii) the likely dollar value of any damages relating to an incident; (iv) other factors relating to the risk of the carbon dioxide storage facility and associated geological storage unit; and (v) impact on commercial and economic viability of carbon dioxide storage facilities. (C) Considerations.--In establishing the amount of the fee under subparagraph (A)(ii), the Secretary may consider using a fee system that is based on the level of risk associated with a specific geological storage unit to provide an incentive for the selection and operation of the best carbon dioxide storage facilities. (D) Enhanced hydrocarbon recovery.--The Secretary shall determine the most appropriate approach for charging a fee on the quantity of carbon dioxide injected into oil and gas fields, after taking into consideration-- (i) the quantity of carbon dioxide that is permanently stored; (ii) whether or not the enhanced hydrocarbon recovery operation is also being operated as a carbon dioxide storage facility; and (iii) any other factors that the Secretary determines to be appropriate. (E) Review and adjustment.--The Secretary shall, on at least an annual basis, review the Fund balance-- (i) to ensure that there are sufficient amounts in the Fund to make the payments required under subsection (d)(3)(A); and (ii) to determine whether or not to increase or decrease the amount, or discontinue collection, of the fee, after taking into consideration-- (I) the annual quantity of carbon dioxide injected by carbon dioxide storage facilities; (II) the number and estimated value of claims against the Fund; and (III) any other relevant factors, as determined by the Secretary. (3) Deposit.--Notwithstanding section 3302 of section 31, United States Code, the fees collected under paragraph (1) shall be deposited in the Fund. (d) Carbon Storage Trust Fund.-- (1) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Carbon Storage Trust Fund'', consisting of such amounts as are deposited under subsection (c)(3). (2) Use of fund.-- (A) In general.--Amounts in the Fund shall be made available, without further appropriation or fiscal year limitation-- (i) to the Secretary for the payment of civil claims from a carbon dioxide storage facility that are brought after a certificate of closure for the carbon dioxide storage facility has been issued; (ii) to the Secretary for long-term stewardship after the date of issuance of a certificate for closure; and (iii) to the Secretary or other appropriate regulatory authority to pay any reasonable and verified administrative costs incurred by the Secretary or regulatory authority in carrying out the Program. (B) Limitation.--Amounts in the Fund shall only be used for the purposes described in clause (i), (ii), or (iii) of subparagraph (A). (C) Limitation on payments.-- (i) In general.--Subject to clause (ii), an aggregate claim for damages brought under subparagraph (A)(i) shall be limited to an amount to be established by the Secretary as soon as practicable after the date of enactment of this Act, based on mechanisms such as-- (I) actuarial modeling of probable damage; and (II) net present value analysis. (ii) Congressional action.--If estimated or actual aggregate damages exceed the amount established under clause (i)-- (I) the Secretary shall notify Congress; and (II) on receipt of notice under subclause (I), Congress may provide for payments in excess of that amount, in accordance with guidelines established by Congress by law. (D) Exception for gross negligence and intentional misconduct.--Notwithstanding subparagraph (A), no amounts in the Fund shall be used to pay a claim for liability arising out of conduct of an operator of a carbon dioxide storage facility that is grossly negligent or that constitutes intentional misconduct, as determined by the Secretary. (E) Procedures for adjudication of claims.--Claims of damage brought under subparagraph (A)(i) relating to carbon dioxide in a carbon dioxide storage facility subject to a certificate of closure shall be-- (i) filed in the United States Court of Federal Claims; and (ii) adjudicated in accordance with procedures established by the United States Court of Federal Claims. (3) Initial funding.-- (A) In general.--If sufficient amounts are not available in the Fund to cover potential claims during the first years of the Program, the Secretary may request from the Secretary of the Treasury an interest- bearing advance in funding from the Treasury to carry out the Program, subject to subparagraph (B). (B) Terms and conditions.--The terms and conditions for the repayment of an advance under subparagraph (A) shall be specified by the Secretary of the Treasury. SEC. 6. LIMITATION ON CIVIL CLAIMS. (a) In General.--Except as provided in subsection (b), on issuance of a certificate of closure, a civil claim or claim for the performance of long-term stewardship responsibilities under applicable Federal and State law, may not be brought against-- (1) the operator or owner of the carbon dioxide storage facility subject to the certificate of closure; (2) the generator of the carbon dioxide stored in the applicable geological storage unit; or (3) the owner or operator of the pipeline used to transport the carbon dioxide to the carbon dioxide storage facility subject to the certificate of closure. (b) Exception.--Subsection (a) shall not apply in the case of a civil claim involving the gross negligence or intentional misconduct of an owner, operator, or generator.

Carbon Storage Stewardship Trust Fund Act of 2009 - Makes the Secretary of Energy responsible for the long-term stewardship of a carbon dioxide storage facility upon the issuance of a certificate of closure for the facility. Authorizes a state to request that the stewardship of a facility located in the state be transferred to the state. Directs the Secretary, in coordination with the Administrator of the Environmental Protection Agency (EPA), to establish standards for monitoring, measurement, verification, and site remediation activities necessary to protect health, safety, and the environment during such stewardship. Establishes in the Department of Energy (DOE) the Carbon Storage Stewardship and Trust Fund Program. Directs the Secretary to require operators of carbon dioxide storage facilities to: (1) maintain adequate liability insurance during the phases of the facility through receipt of a certificate of closure; and (2) pay a risk-based fee for each ton of carbon dioxide injected by the facility into geological storage units. Establishes in the Treasury a Carbon Storage Trust Fund, which shall be used to pay long-term stewardship costs, Program administrative costs, and civil claims brought against a facility after closure. Sets forth provisions concerning limitations on, funding of, and adjudication of such claims.

A bill to establish a program to be managed by the Department of Energy to ensure prompt and orderly compensation for potential damages relating to the storage of carbon dioxide in geological storage units.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Valles Caldera National Preserve Management Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible employee.--The term ``eligible employee'' means a person who was a full-time or part-time employee of the Trust during the 180-day period immediately preceding the date of enactment of this Act. (2) Fund.--The term ``Fund'' means the Valles Caldera Fund established by section 106(h)(2) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(h)(2)). (3) Preserve.--The term ``Preserve'' means the Valles Caldera National Preserve in the State. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New Mexico. (6) Trust.--The term ``Trust'' means the Valles Caldera Trust established by section 106(a) of the Valles Caldera Preservation Act (16 U.S.C. 698v-4(a)). SEC. 3. VALLES CALDERA NATIONAL PRESERVE. (a) Designation as Unit of the National Park System.--To protect, preserve, and restore the fish, wildlife, watershed, natural, scientific, scenic, geologic, historic, cultural, archaeological, and recreational values of the area, the Valles Caldera National Preserve is designated as a unit of the National Park System. (b) Management.-- (1) Applicable law.--The Secretary shall administer the Preserve in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System, including-- (i) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) Management coordination.--The Secretary may coordinate the management and operations of the Preserve with the Bandelier National Monument. (3) Management plan.-- (A) In general.--Not later than 3 fiscal years after the date on which funds are made available to implement this subsection, the Secretary shall prepare a management plan for the Preserve. (B) Applicable law.--The management plan shall be prepared in accordance with-- (i) section 12(b) of Public Law 91-383 (commonly known as the ``National Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)); and (ii) any other applicable laws. (C) Consultation.--The management plan shall be prepared in consultation with-- (i) the Secretary of Agriculture; (ii) State and local governments; (iii) Indian tribes and pueblos, including the Pueblos of Jemez, Santa Clara, and San Ildefonso; and (iv) the public. (c) Acquisition of Land.-- (1) In general.--The Secretary may acquire land and interests in land within the boundaries of the Preserve by-- (A) purchase with donated or appropriated funds; (B) donation; or (C) transfer from another Federal agency. (2) Administration of acquired land.--On acquisition of any land or interests in land under paragraph (1), the acquired land or interests in land shall be administered as part of the Preserve. (d) Science and Education Program.-- (1) In general.--The Secretary shall-- (A) until the date on which a management plan is completed in accordance with subsection (b)(3), carry out the science and education program for the Preserve established by the Trust; and (B) beginning on the date on which a management plan is completed in accordance with subsection (b)(3), establish a science and education program for the Preserve that-- (i) allows for research and interpretation of the natural, historic, cultural, geologic and other scientific features of the Preserve; (ii) provides for improved methods of ecological restoration and science-based adaptive management of the Preserve; and (iii) promotes outdoor educational experiences in the Preserve. (2) Science and education center.--As part of the program established under paragraph (1)(B), the Secretary may establish a science and education center outside the boundaries of the Preserve. (e) Grazing.--The Secretary may allow the grazing of livestock within the Preserve to continue-- (1) consistent with this Act; and (2) to the extent the use furthers scientific research or interpretation of the ranching history of the Preserve. (f) Fish and Wildlife.--Nothing in this Act affects the responsibilities of the State with respect to fish and wildlife in the State, except that the Secretary, in consultation with the New Mexico Department of Game and Fish-- (1) shall permit hunting and fishing on land and water within the Preserve in accordance with applicable Federal and State laws; and (2) may designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, the protection of wildlife and wildlife habitats, or public use and enjoyment. (g) Ecological Restoration.-- (1) In general.--The Secretary shall undertake activities to improve the health of forest, grassland, and riparian areas within the Preserve, including any activities carried out in accordance with title IV of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7301 et seq.). (2) Cooperative agreements.--The Secretary may enter into cooperative agreements with adjacent pueblos to coordinate activities carried out under paragraph (1) on the Preserve and adjacent pueblo land. (h) Withdrawal.--Subject to valid existing rights, all land and interests in land within the boundaries of the Preserve are withdrawn from-- (1) entry, disposal, or appropriation under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing laws, geothermal leasing laws, and mineral materials laws. (i) Volcanic Domes and Other Peaks.-- (1) In general.--Except as provided in paragraph (3), for the purposes of preserving the natural, cultural, religious, archaeological, and historic resources of the volcanic domes and other peaks in the Preserve described in paragraph (2) within the area of the domes and peaks above 9,600 feet in elevation or 250 feet below the top of the dome, whichever is lower-- (A) no roads or buildings shall be constructed; and (B) no motorized access shall be allowed. (2) Description of volcanic domes.--The volcanic domes and other peaks referred to in paragraph (1) are-- (A) Redondo Peak; (B) Redondito; (C) South Mountain; (D) San Antonio Mountain; (E) Cerro Seco; (F) Cerro San Luis; (G) Cerros Santa Rosa; (H) Cerros del Abrigo; (I) Cerro del Medio; (J) Rabbit Mountain; (K) Cerro Grande; (L) Cerro Toledo; (M) Indian Point; (N) Sierra de los Valles; and (O) Cerros de los Posos. (3) Exception.--Paragraph (1) shall not apply in cases in which construction or motorized access is necessary for administrative purposes (including ecological restoration activities or measures required in emergencies to protect the health and safety of persons in the area). (j) Traditional Cultural and Religious Sites.-- (1) In general.--The Secretary, in consultation with Indian tribes and pueblos, shall ensure the protection of traditional cultural and religious sites in the Preserve. (2) Access.--The Secretary, in accordance with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996)-- (A) shall provide access to the sites described in paragraph (1) by members of Indian tribes or pueblos for traditional cultural and customary uses; and (B) may, on request of an Indian tribe or pueblo, temporarily close to general public use 1 or more specific areas of the Preserve to protect traditional cultural and customary uses in the area by members of the Indian tribe or pueblo. (3) Prohibition on motorized access.--The Secretary shall maintain prohibitions on the use of motorized or mechanized travel on Preserve land located adjacent to the Santa Clara Indian Reservation, to the extent the prohibition was in effect on the date of enactment of this Act. (k) Caldera Rim Trail.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, affected Indian tribes and pueblos, and the public, shall study the feasibility of establishing a hiking trail along the rim of the Valles Caldera on-- (A) land within the Preserve; and (B) National Forest System land that is adjacent to the Preserve. (2) Agreements.--On the request of an affected Indian tribe or pueblo, the Secretary and the Secretary of Agriculture shall seek to enter into an agreement with the Indian tribe or pueblo with respect to the Caldera Rim Trail that provides for the protection of-- (A) cultural and religious sites in the vicinity of the trail; and (B) the privacy of adjacent pueblo land. (l) Valid Existing Rights.--Nothing in this Act affects valid existing rights. SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. (a) In General.--Administrative jurisdiction over the Preserve is transferred from the Secretary of Agriculture and the Trust to the Secretary, to be administered as a unit of the National Park System, in accordance with section 3. (b) Exclusion From Santa Fe National Forest.--The boundaries of the Santa Fe National Forest are modified to exclude the Preserve. (c) Interim Management.-- (1) Memorandum of agreement.--Not later than 90 days after the date of enactment of this Act, the Secretary and the Trust shall enter into a memorandum of agreement to facilitate the orderly transfer to the Secretary of the administration of the Preserve. (2) Existing management plans.--Notwithstanding the repeal made by section 5(a), until the date on which the Secretary completes a management plan for the Preserve in accordance with section 3(b)(3), the Secretary may administer the Preserve in accordance with any management activities or plans adopted by the Trust under the Valles Caldera Preservation Act (16 U.S.C. 698v et seq.), to the extent the activities or plans are consistent with section 3(b)(1). (3) Public use.--The Preserve shall remain open to public use during the interim management period, subject to such terms and conditions as the Secretary determines to be appropriate. (d) Valles Caldera Trust.-- (1) Termination.--The Trust shall terminate 180 days after the date of enactment of this Act unless the Secretary determines that the termination date should be extended to facilitate the transitional management of the Preserve. (2) Assets and liabilities.-- (A) Assets.--On termination of the Trust-- (i) all assets of the Trust shall be transferred to the Secretary; and (ii) any amounts appropriated for the Trust shall remain available to the Secretary for the administration of the Preserve. (B) Assumption of obligations.-- (i) In general.--On termination of the Trust, the Secretary shall assume all contracts, obligations, and other liabilities of the Trust. (ii) New liabilities.-- (I) Budget.--Not later than 90 days after the date of enactment of this Act, the Secretary and the Trust shall prepare a budget for the interim management of the Preserve. (II) Written concurrence required.--The Trust shall not incur any new liabilities not authorized in the budget prepared under subclause (I) without the written concurrence of the Secretary. (3) Personnel.-- (A) Hiring.--The Secretary and the Secretary of Agriculture may hire employees of the Trust on a noncompetitive basis for comparable positions at the Preserve or other areas or offices under the jurisdiction of the Secretary or the Secretary of Agriculture. (B) Salary.--Any employees hired from the Trust under subparagraph (A) shall be subject to the provisions of chapter 51, and subchapter III of chapter 53, title 5, United States Code, relating to classification and General Schedule pay rates. (C) Interim retention of eligible employees.--For a period of not less than 180 days beginning on the date of enactment of this Act, all eligible employees of the Trust shall be-- (i) retained in the employment of the Trust; (ii) considered to be placed on detail to the Secretary; and (iii) subject to the direction of the Secretary. (D) Termination for cause.--Nothing in this paragraph precludes the termination of employment of an eligible employee for cause during the period described in subparagraph (C). (4) Records.--The Secretary shall have access to all records of the Trust pertaining to the management of the Preserve. (5) Valles caldera fund.-- (A) In general.--Effective on the date of enactment of this Act, the Secretary shall assume the powers of the Trust over the Fund. (B) Availability and use.--Any amounts in the Fund as of the date of enactment of this Act shall be available to the Secretary for use, without further appropriation, for the management of the Preserve. SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT. (a) Repeal.--On the termination of the Trust, the Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) is repealed. (b) Effect of Repeal.--Notwithstanding the repeal made by subsection (a)-- (1) the authority of the Secretary of Agriculture to acquire mineral interests under section 104(e) of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is transferred to the Secretary and any proceeding for the condemnation of, or payment of compensation for, an outstanding mineral interest pursuant to the transferred authority shall continue; (2) the provisions in section 104(g) of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(g)) relating to the Pueblo of Santa Clara shall remain in effect; and (3) the Fund shall not be terminated until all amounts in the Fund have been expended by the Secretary. (c) Boundaries.--The repeal of the Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) shall not affect the boundaries as of the date of enactment of this Act (including maps and legal descriptions) of-- (1) the Preserve; (2) the Santa Fe National Forest (other than the modification made by section 4(b)); (3) Bandelier National Monument; and (4) any land conveyed to the Pueblo of Santa Clara. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Valles Caldera National Preserve Management Act - Designates the Valles Caldera National Preserve in New Mexico as a unit of the National Park System for the protection, preservation, and restoration of the fish, wildlife, watershed, natural, scientific, scenic, geologic, historic, cultural, archaeological, and recreational values of the area. Requires the Secretary of the Interior (the Secretary) to: (1) prepare a management plan for the Preserve; (2) establish a new science and education program for the Preserve; (3) undertake activities for improving the health of forest, grassland, and riparian areas within the Preserve; and (4) study the feasibility of establishing a hiking trail along the rim of the Valles Caldera. Authorizes the establishment of a science and education center outside of the Preserve. Transfers administrative jurisdiction over the Preserve from the Secretary of Agriculture (USDA) and the Valles Caldera Trust to the Secretary. Modifies the boundaries of Santa Fe National Forest to exclude the Preserve. Terminates the Valles Caldera Trust.

A bill to designate the Valles Caldera National Preserve as a unit of the National Park System, and for other purposes.

SECTION 1. THE NATIONAL TEACHERS HALL OF FAME. Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1533 the following new chapter: ``CHAPTER 1534--THE NATIONAL TEACHERS HALL OF FAME ``Sec. ``153401. Organization. ``153402. Purposes. ``153403. Operation. ``153404. Membership. ``153405. Governing body. ``153406. Powers. ``153407. Restrictions. ``153408. Duty to maintain corporate and tax-exempt status. ``153409. Records and inspection. ``153410. Service of process. ``153411. Liability for acts of officers and agents. ``153412. Annual report. ``153413. Definitions. ``Sec. 153401. Organization ``(a) Federal Charter.--The National Teachers Hall of Fame, Inc., incorporated in Kansas, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 153402. Purposes ``The purposes of the corporation are as provided in its bylaws and articles of incorporation and include-- ``(1) recognizing meritorious teachers by-- ``(A) sponsoring a teacher recognition program that is open to all teachers in the United States of grades from pre-kindergarten through 12th grade and that uses a national committee to review, evaluate, and select deserving teachers annually for induction into the Hall of Fame; and ``(B) promoting other teacher recognition programs throughout the United States; ``(2) bringing honor and recognition to all teachers and to the teaching profession by presenting exhibits and displays, and by sponsoring programs and activities, that-- ``(A) provide individuals with opportunities to honor and recognize the special teachers in their lives; ``(B) commend teachers throughout the history of the United States whose dedication, commitment, sacrifice, and quiet heroism have helped the United States to progress further and faster than virtually any other Nation on earth; ``(C) portray teachers in their historical and contemporary settings and show how their contributions enrich American values, spirit, and life; and ``(D) heighten public awareness of the vitally important function of teachers in preparing children to become successful adult citizens in society; ``(3) sponsoring national conferences, seminars, institutes, and workshops on topics relating to teaching, including topics such as professional development, effective teaching methods, the role of teachers, and teaching as a profession; ``(4) utilizing the invaluable teaching experiences, expertise, and accomplishments of Hall of Fame inductees by promoting, coordinating, and facilitating the use of the inductees as speakers, consultants, and resources to school districts, businesses, and government agencies; ``(5) sponsoring and coordinating programs that use technology to foster communications among teachers, administrators, parents, students, governmental agencies, businesses, and the public at large; and ``(6) promoting appropriate change in education by fostering a greater understanding of the potential functions that people, technology, and emerging forces and trends can perform in the teaching enterprise. ``Sec. 153403. Operation ``(a) In General.--The corporation shall operate a facility to be known as The National Teachers Hall of Fame. ``(b) Designation of Collection.--The collection of The National Teachers Hall of Fame shall be known as The National Teachers Hall of Fame Collection. ``(c) Exclusive Right.--The corporation shall have the sole and exclusive right to use, in carrying out its purposes, the name `The National Teachers Hall of Fame' and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by the corporation. ``Sec. 153404. Membership ``Eligibility for membership in the corporation and the rights and privileges of members are as provided in the bylaws of the corporation. ``Sec. 153405. Governing body ``(a) Board of Directors.--The board of directors of the corporation and the responsibilities of the board are as provided in the bylaws and articles of incorporation of the corporation. ``(b) Officers.--The officers and the election of officers of the corporation are as provided in the bylaws and articles of incorporation of the corporation. ``Sec. 153406. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation in the State of Kansas and in the certificate of authority in any other State in which the corporation is, or shall be, qualified to do business. ``Sec. 153407. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Political Activities.--The corporation or a director or officer, acting as such director or officer, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. ``(c) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(d) Loans.--The corporation may not make a loan to a director, officer, or employee. ``(e) Claim of Governmental Approval or Authorization.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 153408. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its corporate status as a corporation incorporated under the laws of the State of Kansas. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 153409. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote, if any. ``(b) Inspection.--Any officer or director, or any member entitled to vote (if any), or an agent or attorney of such officer, director, or member, may inspect the records of the corporation for any proper purpose at any reasonable time. ``Sec. 153410. Service of process ``The corporation shall comply with the law on service of process of the State of Kansas and in each State in which it carries on activities. ``Sec. 153411. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 153412. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document. ``Sec. 153413. Definitions ``For purposes of this chapter-- ``(1) the term `corporation' means The National Teachers Hall of Fame, Inc., incorporated in Kansas; and ``(2) the term `State' includes the District of Columbia and the territories and possessions of the United States.''. SEC. 2. CLERICAL AMENDMENT. The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1533 the following new item: ``1534. THE NATIONAL TEACHERS HALL OF FAME.................. 153401''.

Grants a Federal charter to the National Teachers Hall of Fame, Incorporated (a tax-exempt organization incorporated under the laws of Kansas).

To amend title 36, United States Code, to grant a Federal charter to The National Teachers Hall of Fame in Emporia, Kansas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paid Sick Leave Act''. SEC. 2. REQUIREMENT FOR PAID SICK LEAVE. (a) In General.--An employer shall permit each employee employed by the employer to earn not less than 1 hour of paid sick leave for every 30 hours worked, to be used as described in subsection (b). (b) Uses.--Paid sick leave earned under this section may be used by an employee for any of the following: (1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee. (2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. (3) An absence for the purpose of caring for a child, a parent, a spouse, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, who-- (A) has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2); and (B) in the case of someone who is not a child, is otherwise in need of care. (4) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to-- (A) seek medical attention for the employee or the employee's child, parent, or spouse, or an individual related to the employee as described in paragraph (3), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain or assist a related person described in paragraph (3) in obtaining services from a victim services organization; (C) obtain or assist a related person described in paragraph (3) in obtaining psychological or other counseling; (D) seek relocation; or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (c) Definitions.--In this Act: (1) Child.--The term ``child'' means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is-- (A) under 18 years of age; or (B) 18 years of age or older and incapable of self- care because of a mental or physical disability. (2) Domestic violence.--The term ``domestic violence'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)), except that the reference in such section to the term ``jurisdiction receiving grant monies'' shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. (3) Employee.--The term ``employee'' means an individual who is-- (A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (4)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e- 16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. (4) Employer.-- (A) In general.--The term ``employer'' means a person who is-- (i)(I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer.-- (i) In general.--In subparagraph (A)(i)(I), the term ``covered employer''-- (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; (II) includes-- (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any ``public agency'', as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency.--For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions.--For purposes of this subparagraph: (I) Commerce.--The terms ``commerce'' and ``industry or activity affecting commerce'' mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include ``commerce'' and any ``industry affecting commerce'', as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (II) Employee.--The term ``employee'' has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)). (III) Person.--The term ``person'' has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)). (C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (5) Parent.--The term ``parent'' means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. (6) Sexual assault.--The term ``sexual assault'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)). (7) Spouse.--The term ``spouse'', with respect to an employee, has the meaning given such term by the marriage laws of the State in which the employee resides. (8) Stalking.--The term ``stalking'' has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).

Paid Sick Leave Act - Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least 1 hour of paid sick time for every 30 hours worked. Allows employees to use such time to: (1) meet their own medical needs; (2) care for the medical needs of certain family members ; or (3) seek medical attention, assist a related person, take legal action, or engage in other specified activities relating to domestic violence, sexual assault, or stalking.

Paid Sick Leave Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Priorities Act of 2003''. SEC. 2. RECAPTURE OF SAVINGS FROM RETAIL ELECTRICITY COMPETITION. (a) Effective Date.--This Act shall take effect for a consumer sector in any State on January 1 of the first year after all State regulated electric utilities and all nonregulated electric utilities in that State have been determined by the Secretary of Energy to have established retail electric service choice for customers in that sector, but not earlier than January 1, 2004. The Secretary shall annually review the laws and regulations of each State relating to retail electric service regulation and make such determinations on January 1, 2004, and January 1 of each year thereafter. (b) 10 Percent of Consumer Savings.--For each State, on December 31 of the first full calendar year following the effective date of this Act for any consumer sector in the State, and on December 31 of each subsequent calendar year, each provider of retail electric services in the State shall contribute to the fiscal agent for the Environmental Priorities Board established under section 2 an amount equal to 10 percent of the total consumer savings for that sector for that calendar year. (c) Definitions.--For purposes of this section: (1) Consumer savings.--For any provider of retail electric services in a State, for any consumer sector in the State, the term ``consumer savings'' means, for any calendar year, the amount (if any) by which the potential rate for electric energy provided by that provider to that sector exceeds the current rate for that sector, multiplied by that sector's total consumption (in kilowatt-hours) during that calendar year. (2) Current rate.--For any provider of retail electric services in a State, for any consumer sector in the State, the term ``current rate'' means, for the 12 months following the effective date of this Act for that sector in that State, the average kilowatt-hour rate paid by customers of the provider in that consumer sector in that State, as calculated by the provider and recalculated annually. (3) Potential rate.-- (A) General rule.--For any provider of retail electric services in a State, for any consumer sector in the State, the term ``potential rate'' means, for each calendar year following the effective date of this act for that sector in that State, the average kilowatt-hour rate paid by the provider's customers in that sector during the 12-month period preceding the date on which retail electric service choice for customers in that sector was established, adjusted for inflation. The adjustment for inflation shall be made using a methodology to be determined by the Secretary of Energy. The Secretary of Energy shall recalculate the potential rate annually to adjust it for inflation. (B) Special rules.-- For all sectors not serviced by the provider during any period, the average kilowatt-hour rate for that sector shall be estimated or measured by the Secretary of Energy. In any case where retail choice in a State or sector did not all occur on one effective date but was phased-in over time, the Secretary of Energy shall establish regulations to fairly establish the potential rate. In any cases where, for the 12-month period preceding the date on which retail electric service choice for customers in that sector was established, a provider served a sector in the State but did not serve it for the full period, the Secretary of Energy shall establish regulations to fairly establish the potential rate. SEC. 3. USE OF CONTRIBUTIONS FOR ENVIRONMENTAL PRIORITIES. (a) National Environmental Priorities Board.--The Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the ``Administrator'') shall establish a National Environmental Priorities Board to carry out the functions and responsibilities specified in this section. The Board shall be composed of 3 persons who are officers or employees of the United States, and 4 State commissioners nominated by the national organization of the State commissions and appointed by the Administrator. The Administrator shall appoint one member of the Board to serve as Chairman. (b) Rules.--Within 180 days after the enactment of this Act, the Administrator shall promulgate a final rule containing the rules and procedures of the Board, including the rules and procedures for selecting a non-Federal fiscal agent under subsection (e). The Administrator shall have oversight responsibilities over the Board. (c) Environmental Priorities Program.-- (1) Regulations.--Within 90 days after the promulgation of the Administrator's rules under subsection (b), the Board shall institute a proceeding to establish regulations governing creation and administration of an Environmental Priorities Program. Such regulations shall include criteria and methods of selecting State projects to receive support under the Program. Such support may include direct loans, loan guarantees, grants, capitalization grants for State revolving funds, and other assistance. The State projects may include-- (A) lowering borrowing costs for municipal and regional governments constructing wastewater treatment plants; (B) increasing the use of filter strips and riparian buffers in protecting rivers and streams; (C) mitigating the deleterious effect of electricity production on air quality; (D) supporting the preservation of open space for resource conservation, wildlife protection, or recreation; and (E) such other projects furthering national environmental priorities as may be established by the Board. (2) Agent.--The Board shall enter into arrangements with a non-Federal fiscal agent who shall be authorized to receive the contributions made under section 2(b) and to disburse such contributions as provided in subsection (d). (3) Programs.--Any State in which retail electric service choice has been established for any consumer sector may establish one or more public purpose programs and apply for matching funding under this section for projects to be funded under such program. A participating State may use matching funds received under this section only to support one or more eligible environmental priorities programs meeting the selection criteria established under paragraph (1). The Board shall regularly audit the expenditures of matching funds received by a participating State under this section. (4) State option.--At no time shall a State be required, pursuant to this section, to participate in the Environmental Priorities Program, nor may a State be required by the Board to fund a particular project. (d) Fund for Environmental Priorities.-- (1) Distribution.--The fiscal agent shall distribute contributions received by the fiscal agent under section 2(b) to States (or entities designated by the States) under this subsection in accordance with the criteria established by the Board under subsection (c) to carry out eligible projects under environmental priorities programs established by the States. For each calendar year after the year 2002, the Board shall solicit applications from States for matching funds to carry out eligible environmental priorities programs. The applications for assistance during any calendar year must be received by the Board before the commencement of such year. In its application, the State shall certify that the moneys will be used for one or more eligible public purpose programs and shall specify the amount of State support which is projected for the coming calendar year for the programs concerned. (2) Calculation.--Upon receipt of all State requests for matching funds submitted pursuant to paragraph (1) for any calendar year, the Board shall calculate the funds necessary to match the level of projected States funds for eligible environmental priorities programs for that calendar year. (3) Reduction.--Following the calculation of the amount of matching funds required under paragraph (2) for all States requesting funds for any calendar year, the Board shall communicate that amount to the fiscal agent. Expenditures by the fiscal agent for any calendar year may not exceed the total balance. To the extent the matching funds requested by all such States for a calendar year exceed the total amount received by the fiscal agent during the prior calendar year and available to the fiscal agent at the commencement of the calendar year concerned, the matching funds distributed to each such State shall be reduced pro rata so that the percentage of State funds matched by funds provided under this section is the same for all States requesting funds. (4) Use of funds.--The fiscal agent shall distribute matching funds to the States (or to an entity or entities designated by the State to receive payments) to be used for eligible environmental priorities programs designated under subsection (c). All funds received shall be used only for the eligible environmental priorities programs designated by the State.

Environmental Priorities Act of 2003 - Requires providers of retail electric services to contribute to the fiscal agent for the Environmental Priorities Board (established by this Act) ten percent of the total consumer savings for the consumer sector for that calendar year.Requires the Administrator of the Environmental Protection Agency to establish a National Environmental Priorities Board to establish regulations governing creation of an Environmental Priorities Program.Authorizes States in which retail electric service choice has been established for any consumer sector to establish public purpose programs and apply for matching funding to support environmental priorities programs.

To establish a Fund for Environmental Priorities to be funded by a portion of the consumer savings resulting from retail electricity choice, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Funding Act of 2003''. SEC. 2. REVISIONS TO SYSTEM OF PRESIDENTIAL PRIMARY MATCHING PAYMENTS. (a) Increase in Matching Rate for Payments.--Section 9034(a) of the Internal Revenue Code of 1986 is amended by striking ``an amount equal to the amount'' and inserting ``an amount equal to 400 percent of the amount''. (b) Eligibility Requirements.-- (1) Amount of aggregate contributions per state.--Section 9033(b)(3) of such Code is amended by striking ``$5,000'' and inserting ``$15,000''. (2) Participation in system for payments for general election.--Section 9033(b) of such Code is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95, including the requirement that the candidate and the candidate's authorized committees will not incur qualified campaign expenses in excess of the aggregate payments to which they will be entitled under section 9004. ''. (c) Period of Availability of Payments.--Section 9032(6) of such Code is amended by striking ``the beginning of the calendar year'' and inserting ``July 1 of the calendar year preceding the calendar year''. (d) Increase in Limitation on Total Amount of Payments.--Section 9034(b) of such Code is amended by striking ``50 percent'' and inserting ``80 percent''. SEC. 3. REQUIRING PARTICIPATION IN PRIMARY PAYMENT SYSTEM AS CONDITION OF ELIGIBILITY FOR GENERAL ELECTION PAYMENTS. (a) Major Party Candidates.--Section 9003(b) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3); and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: ``(1) the candidate received payments under chapter 96 for the campaign for nomination;''. (b) Minor Party Candidates.--Section 9003(c) of such Code is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3); and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: ``(1) the candidate received payments under chapter 96 for the campaign for nomination;''. SEC. 4. REVISIONS TO CANDIDATE EXPENDITURE LIMITS. (a) Increase in Limit on Coordinated Party Expenditures.--Section 315(d)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(d)(2)) is amended by striking ``2 cents'' and inserting ``4 cents''. (b) Increase in Expenditure Limits for Participating Candidates; Elimination of State-Specific Limits.-- (1) In general.--Section 315(b)(1) of such Act (2 U.S.C. 441a(b)(1)) is amended by striking ``in excess of _'' and all that follows and inserting the following: ``in excess of $75,000,000 with respect to a campaign for nomination for election or in excess of $75,000,000 with respect to a campaign for election to such office.''. (2) Conforming amendment relating to timing of cost-of- living adjustment.--Section 315(c)(2)(B) of such Act (2 U.S.C. 441a(c)(2)(B) is amended-- (A) in clause (i), by striking ``subsections (b) and (d)'' and inserting ``subsection (d)''; (B) in clause (i), by striking ``and'' at the end; (C) in clause (ii), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new clause: ``(iii) for purposes of subsection (b), calendar year 2004.''. (3) Other conforming amendments.--The Internal Revenue Code of 1986 is amended-- (A) in section 9004(a)(1), by striking ``section 320(b)(1)(B) of the Federal Election Campaign Act of 1971'' and inserting ``section 315(b)(1) of the Federal Election Campaign Act of 1971''; and (B) by striking ``section 320(b)(1)(A) of the Federal Election Campaign Act of 1971'' each place it appears in sections 9034(b) and 9035(a) and inserting ``section 315(b)(1) of the Federal Election Campaign Act of 1971''. (c) Repeal of Exclusion of Fundraising Costs From Treatment as Expenditures.--Section 301(9)(B)(vi) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)(vi)) is amended by striking ``in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 315(b)'' and inserting the following: ``who is seeking nomination for election or election to the office of President or Vice President of the United States''. (d) Increase in Expenditure Limits for Primary Candidates Participating in Primary Payment System Who Face Certain Nonparticipating Opponents.-- (1) In general.--Section 315(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(b)) is amended-- (A) in paragraph (1), by striking ``No candidate'' and inserting ``Except as provided in paragraph (3), no candidate''; and (B) by adding at the end the following new paragraph: ``(3)(A) In the case of a candidate described in paragraph (1) in a campaign for nomination for election for the office of President who faces a nonparticipating primary candidate of the same political party who receives contributions or makes expenditures with respect to the campaign in an aggregate amount greater than 133 percent of the expenditure limitation under paragraph (1), the limitation on expenditures applicable under such paragraph shall be increased by 100 percent. ``(B) Each nonparticipating primary candidate who receives contributions or makes expenditures with respect to the campaign in an aggregate amount greater than 133 percent of the expenditure limitation under paragraph (1) shall notify the Commission in writing not later than 24 hours after first receiving aggregate contributions or making aggregate expenditures in such an amount. ``(C) Not later than 24 hours after receiving a written notice from a nonparticipating primary candidate under subparagraph (B), the Commission shall notify each opponent of the candidate to whom the increased limitation on expenditures applies pursuant to subparagraph (A). ``(D) In this paragraph, a `nonparticipating primary candidate' means a candidate for nomination for election for the office of President who is not eligible under section 9033 of the Internal Revenue Code of 1986 to receive payments from the Secretary of the Treasury under chapter 96 of such Code.''. (2) No increase permitted in matching payments as a result of increase in expenditure limit.--Section 9034(b) of the Internal Revenue Code of 1986 is amended by striking the period at the end and inserting the following: ``, except that a candidate shall not receive any additional payments under subsection (a) once such candidate has received a combination of payments under subsection (a) and contributions which, in the aggregate, exceed the expenditure limit applicable under section 315(b)(1) of the Act with respect to a campaign for nomination for election to the office of the President (notwithstanding any increase in such expenditure limitation pursuant to section 315(b)(3) of such Act).''. SEC. 5. REVISIONS TO DESIGNATION OF INCOME TAX PAYMENTS BY INDIVIDUAL TAXPAYERS. (a) Increase in Amount Designated.--Section 6096(a) of the Internal Revenue Code of 1986 is amended-- (1) in the first sentence, by striking ``$3'' each place it appears and inserting ``$6''; and (2) in the second sentence-- (A) by striking ``$6'' and inserting ``$12'', and (B) by striking ``$3'' and inserting ``$6''. (b) Indexing.--Section 6096 of such Code is amended by adding at the end the following new subsection: ``(d) Indexing of Amount Designated.-- ``(1) In general.--With respect to each taxable year after 2004, each amount referred to in subsection (a) shall be increased by the percent difference described in paragraph (2), except that if any such amount after such an increase is not a multiple of $1, such amount shall be rounded to the nearest multiple of $1. ``(2) Percent difference described.--The percent difference described in this paragraph with respect to a taxable year is the percent difference determined under section 315(c)(1)(A) of the Federal Election Campaign Act of 1971 with respect to the calendar year during which the taxable year begins, except that the base year involved shall be 2004.''. (c) Ensuring Tax Preparation Software Does not Provide Automatic Response to Designation Question.--Section 6096 of such Code, as amended by subsection (b), is amended by adding at the end the following new subsection: ``(e) Ensuring Tax Preparation Software Does not Provide Automatic Response to Designation Question.--The Secretary shall promulgate regulations to ensure that electronic software used in the preparation or filing of individual income tax returns does not automatically accept or decline a designation of a payment under this section.''. (d) Public Information Program on Designation.--Section 6096 of such Code, as amended by subsections (b) and (c), is amended by adding at the end the following new subsection: ``(f) Public Information Program.-- ``(1) In general.--The Federal Election Commission shall conduct a program to inform and educate the public regarding the purposes of the Presidential Election Campaign Fund, the procedures for the designation of payments under this section, and the effect of such a designation on the income tax liability of taxpayers. ``(2) Use of funds for program.--Amounts in the Presidential Election Campaign Fund shall be made available to the Commission to carry out the program under this subsection, except that the amount made available for this purpose may not exceed $10,000,000 with respect to any Presidential election cycle. In this paragraph, a `Presidential election cycle' is the 4-year period beginning with January of the year following a Presidential election.''. SEC. 6. ADDITIONAL GENERAL ELECTION PAYMENTS TO PARTICIPATING CANDIDATES FACING CERTAIN NONPARTICIPATING OPPONENTS. (a) In General.--Section 9004(a)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(1) The eligible candidates'' and inserting ``(1)(A) Except as provided in subparagraph (B), the eligible candidates''; and (2) by adding at the end the following new subparagraph: ``(B) In addition to the payments described in subparagraph (A), each eligible candidate of a major party in a presidential election with an opponent in the election who is not eligible to receive payments under section 9006 and who receives contributions or makes expenditures with respect to the primary and general elections in an aggregate amount greater than 133 percent of the combined expenditure limitations applicable to eligible candidates under section 315(b)(1) of the Federal Election Campaign Act of 1971 shall be entitled to equal payments under section 9006 in an amount equal to 100 percent of the expenditure limitation applicable under such section with respect to a campaign for election to the office of President.''. (b) Special Rule for Minor Party Candidates.--Section 9004(a)(2)(A) of such Code is amended-- (1) by striking ``(A) The eligible candidates'' and inserting ``(A)(i) Except as provided in clause (ii), the eligible candidates''; and (2) by adding at the end the following new clause: ``(ii) In addition to the payments described in clause (ii), each eligible candidate of a minor party in a presidential election with an opponent in the election who is not eligible to receive payments under section 9006 and who receives contributions or makes expenditures with respect to the primary and general elections in an aggregate amount greater than 133 percent of the combined expenditure limitations applicable to eligible candidates under section 315(b)(1) of the Federal Election Campaign Act of 1971 shall be entitled to equal payments under section 9006 in an amount equal to 100 percent of the payments to which such candidate is entitled under clause (i).''. (c) Process for Determination of Eligibility for Additional Payment.-- (1) In general.--Section 9005 of such Code is amended-- (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection: ``(b) Special Rules for Certification of Eligibility for Additional Payments.-- ``(1) Reports on expenditures by ineligible candidates.--If a candidate in a presidential election who is not eligible to receive payments under section 9006 receives contributions or makes expenditures with respect to the primary and general elections in an aggregate amount greater than 133 percent of the combined expenditure limitations applicable to eligible candidates under section 315(b)(1) of the Federal Election Campaign Act of 1971, the candidate shall notify the Commission in writing that the candidate has made aggregate expenditures in such an amount not later than 24 hours after first receiving aggregate contributions or making aggregate expenditures in such an amount. ``(2) Certification.--Not later than 24 hours after receiving a written notice under paragraph (1), the Commission shall certify to the Secretary of the Treasury for payment to any eligible candidate who is entitled to an additional payment under section 9004(a)(1)(B) or section 9004(a)(2)(A)(ii) that the candidate is entitled to payment in full of the additional payment under such section.''. (2) Conforming amendment.--Section 9005(c) of such Code (as redesignated under paragraph (1)(A)) is amended by striking ``subsection (a)'' and inserting ``this section''. (d) Exclusion of Additional Payment From Determination of Expenditure Limits.--Section 315(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) the amount of expenditures made by a candidate shall be reduced by the amount of any additional payment received by the candidate under section 9004(a)(1)(B) of the Internal Revenue Code of 1986.''. SEC. 7. DETERMINATION OF AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND. Section 9006(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``In making a determination of whether there are insufficient moneys in the fund for purposes of the previous sentence, the Secretary shall take into account in determining the balance of the fund for a Presidential election year the Secretary's best estimate of the amount of moneys which will be deposited into the fund during the year, except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years.''. SEC. 8. REPEAL OF PRIORITY IN USE OF FUNDS FOR POLITICAL CONVENTIONS. (a) In General.--Section 9008(a) of the Internal Revenue Code of 1986 is amended by striking the period at the end of the second sentence and all that follows and inserting the following: ``, except that the amount deposited may not exceed the amount available after the Secretary determines that amounts for payments under section 9006 and section 9037 are available for such payments.''. (b) Conforming Amendment.--The second sentence of section 9037(a) of such Code is amended by striking ``section 9006(c) and for payments under section 9008(b)(3)'' and inserting ``section 9006''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to elections occurring after January 1, 2005.

Presidential Funding Act of 2003 - Amends the Internal Revenue Code (including the Presidential Election Campaign Fund Act and the Presidential Primary Matching Payment Account Act) and the Federal Election Campaign Act of 1971 to, among other things: (1) increase the presidential primary $250 one-to-one match to a four-to-one match; (2) increase the presidential primary qualifying threshold of $5,000 in 20 States to $15,000 in 20 States; (3) require candidates to be eligible to receive funding under the Presidential Election Campaign Fund Act to have received payments under the Presidential Primary Matching Payment Account Act; (4) revise candidate expenditure limits, including permitting the national committee of a political party to make expenditures in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party in an amount of up to four (currently, two) cents multiplied by the U.S. voting age population and permitting an eligible candidate for the office of President of the United States to receive payments from the Secretary of the Treasury of up to $75,000,000 with respect to a campaign for nomination for election or of up to $75,000,000 with respect to a campaign for election to such office; and (5) double the three dollar presidential campaign tax return check-off to six dollars.

To amend the Internal Revenue Code of 1986 to reform the system of public financing for presidential elections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Centennial Monetary Commission Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The Constitution endows Congress with the power ``to coin money, regulate the value thereof''. (2) Following the financial crisis known as the Panic of 1907, Congress established the National Monetary Commission to provide recommendations for the reform of the financial and monetary systems of the United States. (3) Incorporating several of the recommendations of the National Monetary Commission, Congress created the Federal Reserve System in 1913. As currently organized, the Federal Reserve System consists of the Board of Governors in Washington, District of Columbia, and the Federal Reserve Banks organized into 12 districts around the United States. The stockholders of the 12 Federal Reserve Banks include national and certain State-chartered commercial banks, which operate on a fractional reserve basis. (4) Originally, Congress gave the Federal Reserve System a monetary mandate to provide an elastic currency, within the context of a gold standard, in response to seasonal fluctuations in the demand for currency. (5) Congress also gave the Federal Reserve System a financial stability mandate to serve as the lender of last resort to solvent but illiquid banks during a financial crisis. (6) In 1977, Congress changed the monetary mandate of the Federal Reserve System to a dual mandate for maximum employment and stable prices. (7) Empirical studies and historical evidence, both within the United States and in other countries, demonstrate that price stability is desirable because both inflation and deflation damage the economy. (8) The economic challenge of recent years--most notably the bursting of the housing bubble, the financial crisis of 2008, and the ensuing anemic recovery--have occurred at great cost in terms of lost jobs and output. (9) Policymakers are reexamining the structure and functioning of financial institutions and markets to determine what, if any, changes need to be made to place the financial system on a stronger, more sustainable path going forward. (10) The Federal Reserve System has taken extraordinary actions in response to the recent economic challenges. (11) The Federal Open Market Committee has engaged in multiple rounds of quantitative easing, providing unprecedented liquidity to financial markets, while committing to holding short-term interest rates low for a seemingly indefinite period, and pursuing a policy of credit allocation by purchasing Federal agency debt and mortgage-backed securities. (12) In the wake of the recent extraordinary actions of the Federal Reserve System, Congress--consistent with its constitutional responsibilities and as it has done periodically throughout the history of the United States--has once again renewed its examination of monetary policy. (13) Central in such examination has been a renewed look at what is the most proper mandate for the Federal Reserve System to conduct monetary policy in the 21st century. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Centennial Monetary Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) Study of Monetary Policy.--The Commission shall-- (1) examine how United States monetary policy since the creation of the Board of Governors of the Federal Reserve System in 1913 has affected the performance of the United States economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board of Governors of the Federal Reserve System and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term, including-- (A) discretion in determining monetary policy without an operational regime; (B) price level targeting; (C) inflation rate targeting; (D) nominal gross domestic product targeting (both level and growth rate); (E) the use of monetary policy rules; and (F) the gold standard; (3) evaluate the use of macro-prudential supervision and regulation as a tool of monetary policy in terms of achieving the maximum sustainable level of output and employment and price stability over the long term; (4) evaluate the use of the lender-of-last-resort function of the Board of Governors of the Federal Reserve System as a tool of monetary policy in terms of achieving the maximum sustainable level of output and employment and price stability over the long term; and (5) recommend a course for United States monetary policy going forward, including-- (A) the legislative mandate; (B) the operational regime; (C) the securities used in open market operations; and (D) transparency issues. (b) Report on Monetary Policy.--Not later than December 1, 2016, the Commission shall submit to Congress and make publicly available a report containing a statement of the findings and conclusions of the Commission in carrying out the study under subsection (a), together with the recommendations the Commission considers appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) Appointed voting members.--The Commission shall contain 12 voting members as follows: (A) Six members appointed by the Speaker of the House of Representatives, with four members from the majority party and two members from the minority party. (B) Six members appointed by the President Pro Tempore of the Senate, with four members from the majority party and two members from the minority party. (2) Chairman.--The Speaker of the House of Representatives and the majority leader of the Senate shall jointly designate one of the members of the Commission as Chairman. (3) Non-voting members.--The Commission shall contain 2 non-voting members as follows: (A) One member appointed by the Secretary of the Treasury. (B) One member who is the president of a district Federal reserve bank appointed by the Chair of the Board of Governors of the Federal Reserve System. (b) Period of Appointment.--Each member shall be appointed for the life of the Commission. (c) Timing of Appointment.--All members of the Commission shall be appointed not before January 5, 2015, and not later than 30 days after the date of the enactment of this Act. (d) Vacancies.--A vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Meetings.-- (1) Initial meeting.--The Commission shall hold its initial meeting and begin the operations of the Commission as soon as is practicable. (2) Further meetings.--The Commission shall meet upon the call of the Chair or a majority of its members. (f) Quorum.--Seven voting members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Member of Congress Defined.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, or administer oaths as the Commission or such subcommittee or member thereof considers appropriate. (b) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (c) Obtaining Official Data.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, any information, including suggestions, estimates, or statistics, for the purposes of this Act. (2) Requesting official data.--The head of such department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government shall, to the extent authorized by law, furnish such information upon request made by-- (A) the Chair; (B) the Chair of any subcommittee created by a majority of the Commission; or (C) any member of the Commission designated by a majority of the commission to request such information. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), at the request of the Commission, departments and agencies of the United States shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (e) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 7. COMMISSION PERSONNEL. (a) Appointment and Compensation of Staff.-- (1) In general.--Subject to rules prescribed by the Commission, the Chair may appoint and fix the pay of the executive director and other personnel as the Chair considers appropriate. (2) Applicability of civil service laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (b) Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate of pay for a person occupying a position at level IV of the Executive Schedule. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 8. TERMINATION. (a) In General.--The Commission shall terminate on June 1, 2017. (b) Administrative Activities Before Termination.--The Commission may use the period between the submission of its report and its termination for the purpose of concluding its activities, including providing testimony to the committee of Congress concerning its report. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and such sums shall remain available until the date on which the Commission terminates.

. Centennial Monetary Commission Act of 2015 (Sec. 3) This bill establishes the Centennial Monetary Commission to: (1) examine how U.S. monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the U.S. economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term; (3) evaluate the use of macro-prudential supervision and regulation and of the lender-of-last-resort function of the Board as tools of monetary policy in terms of achieving the maximum sustainable level of output and employment and price stability over the long term; and (4) recommend a course for U.S. monetary policy going forward. The Commission shall submit to Congress and make publicly available, by December 1, 2016, a report containing a statement of its findings and conclusions. (Sec. 8) The Commission shall terminate on June 1, 2017.

Centennial Monetary Commission Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in U.S. Territories, Not Corporations Act of 2011''. SEC. 2. LIMITATION ON GOVERNMENT ASSISTANCE TO RUM PRODUCERS. Subsection (e) of section 7652 of the Internal Revenue Code of 1986 (relating to shipments of rum to the United States) is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) Limitation on government assistance to rum producers.-- ``(A) In general.--If the amount of direct and indirect government assistance paid or incurred by any covered government during any calendar year to persons producing rum within the jurisdiction of such government exceeds the limitation under subparagraph (B), the amount which would (but for this paragraph) be covered into the treasury of such government under this subsection shall be reduced for each of the 2 succeeding calendar years by the amount of such excess. ``(B) Limitation.--The limitation under this subparagraph is the amount equal to 15 percent of the amount which would (but for this paragraph) be covered into the treasury of such government under this section for the calendar year. ``(C) Separate application to each producer.--The provisions of subparagraphs (A) and (B) shall also be applied separately to each rum producer, taking into account only the assistance paid or incurred by any covered government to such producer and only such producer's production to which subsection (a)(3) or (b)(3) applies, whichever is applicable. ``(D) Government assistance.--For purposes of this paragraph-- ``(i) Direct government assistance.--The term `direct government assistance' includes any transfer of funds, grant, subsidy (other than any generally available tax subsidy), loan, equity investment, loan guarantee, production or marketing incentive, income or price support, provision of goods or services (other than generally available infrastructure and public services), and such other assistance provided by a covered government as the Secretary identifies as consistent with the purposes of this paragraph. ``(ii) Indirect government assistance.--The term `indirect government assistance' includes any amounts expended by a covered government-- ``(I) to promote, market, or otherwise support the rum industry within the jurisdiction of such government, ``(II) to pay principal and interest on, and expenses related to, indebtedness incurred, the proceeds of which are used to provide rum subsidies, or ``(III) for any other purpose identified by the Secretary as consistent with the purposes of this paragraph. ``(iii) Certain debt-financed payments excluded.--The terms `direct government assistance' and `indirect government assistance' shall not include any payment made by a covered government to a rum producer out of funds raised through a loan (including the issuance of a debt instrument), but shall include any payment of principal and interest on the loan (or debt instrument). ``(E) Annual reports.--Each covered government shall, for each calendar year, submit a report to the Secretary detailing the amount and type of direct and indirect government assistance provided by such government to each rum producer during such calendar year and to rum producers in the aggregate during such year. Such report shall be submitted at such time, and in such form, as is prescribed by the Secretary. ``(F) Covered government.--For purposes of this paragraph, the term `covered government' means the government of Puerto Rico and the government of the Virgin Islands.''. SEC. 3. MAXIMUM AND MINIMUM ALLOCATIONS OF RUM EXCISE TAXES BETWEEN PUERTO RICO AND THE VIRGIN ISLANDS. Section 7652 of the Internal Revenue Code of 1986 is amended by inserting after subsection (h) the following new subsection: ``(i) Limitations on Allocation of Rum Excise Taxes Between Puerto Rico and the Virgin Islands.-- ``(1) In general.--Notwithstanding subsections (a), (b), and (e), if, without regard to this subsection and subsection (e)(3), the Secretary determines that the respective shares of Puerto Rico and the Virgin Islands of the aggregate amount to be covered into their treasuries under this section for any calendar year are not within the parameters of paragraph (2), the Secretary shall increase or decrease such shares to the extent necessary to bring them within such parameters. ``(2) Parameters.--The parameters of this paragraph are that-- ``(A) Puerto Rico's share shall be at least 65 percent but not more than 70 percent of such aggregate amount, and ``(B) the Virgin Islands's share shall be at least 30 percent but not more than 35 percent of such aggregate amount. ``(3) Application with subsection (e)(3).--This subsection shall be applied before subsection (e)(3).''. SEC. 4. DENIAL OF COVER OVER FOR RUM REDISTILLED INTO CANE NEUTRAL SPIRITS. Section 7652 of the Internal Revenue Code of 1986 is amended by inserting after subsection (i) the following new subsection: ``(j) Denial of Cover Over for Rum Redistilled Into Cane Neutral Spirits.--No amount shall be covered over under subsection (a) or (b) with respect to rum which is redistilled into cane neutral spirits after being brought into the United States. The Secretary shall prescribe such information reporting as the Secretary determines necessary to carry out the preceding sentence.''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this section shall apply to calendar years after 2011. (b) Denial of Cover Over for Rum Redistilled Into Cane Neutral Spirits.--The amendment made by section 4 shall apply to rum brought into the United States after the date of the enactment of this Act.

Investing in U.S. Territories, Not Corporations Act of 2011 - Amends the Internal Revenue Code, with respect to shipments of rum to the United States from Puerto Rico and the Virgin Islands, to: (1) limit during a two-year period the amount of direct and indirect government assistance by the governments of Puerto Rico and the Virgin Islands to rum producers from rum excise taxes covered-over into the treasuries of such governments to 15% of the amounts covered-over, (2) impose limitations on the allocation of rum excise taxes between Puerto Rico and the Virgin Islands, and (3) deny any payment of rum excise taxes covered over into the treasuries of Puerto Rico and the Virgin Islands for rum redistilled into cane neutral spirits after being brought into the United States.

To amend the Internal Revenue Code of 1986 to regulate the subsidies paid to rum producers in Puerto Rico and the Virgin Islands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Revitalization Act of 1996''. SEC. 2. DISTRESSED COMMUNITY ECONOMIC DEVELOPMENT BONDS. (a) In General.--Paragraph (1) of section 141(e) of the Internal Revenue Code of 1986 (defining qualified bond) is amended by striking ``or'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, or'', and by adding at the end thereof the following new subparagraph: ``(H) a distressed community economic development bond.'' (b) Distressed Community Economic Development Bond Defined.-- (1) In general.--Section 144 of such Code is amended by adding at the end thereof the following new subsection: ``(d) Distressed Community Economic Development Bond.--For purposes of this subpart-- ``(1) In general.--The term `distressed community economic development bond' means any bond issued as part of an issue 95 percent or more of the net proceeds of which are to be used for distressed community economic development purposes. ``(2) Distressed community economic development purposes.-- For purposes of this subsection, the net proceeds of any issue shall be treated as used for distressed community economic development purposes to the extent such proceeds are used-- ``(A) to provide qualified economic development facilities or land which is functionally related and subordinate to such facilities, or ``(B) to provide working capital required in connection with the establishment of a qualified business in a distressed community or the expansion of such a business in such a community. ``(3) Qualified economic development facilities.--For purposes of this subsection, the term `qualified economic development facilities' means any property to which section 168 applies (or would apply but for section 179) if-- ``(A) such property was acquired by purchase (as defined in section 179(d)(2)) after the date on which the designation of the distressed community took effect, ``(B) the original use of which in the distressed community commences with the person to whom the financing is provided under the issue, and ``(C) substantially all the use of which is in a distressed community and in the active conduct of a qualified business. For purposes of the preceding sentence, rules similar to the rules of subsections (a)(2) and (b) of section 1397C shall apply. ``(4) Qualified business.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified business' means any trade or business. ``(B) Rental of real property.--The rental of any building or structure located in a distressed community shall be treated as a qualified business if and only if-- ``(i) the property is not residential rental property (as defined in section 168(e)(2), and ``(ii) at least 50 percent of the gross rental income from the building or structure is from other qualified businesses in such community. ``(C) Rental of tangible personal property.--The rental of tangible personal property shall be treated as a qualified business if and only if substantially all of the rental of such property is by qualified businesses in the distressed community or by individual residents of the distressed community. ``(D) Treatment of business holding intangibles.-- The term `qualified business' shall not include any trade or business consisting predominantly of the development or holding of intangibles for sale or license. ``(E) Certain businesses excluded.--The term `qualified business' shall not include any trade or business consisting of-- ``(i) the operation of any facility described in subsection (c)(6)(B), or ``(ii) operating a trade or business the principal activity of which is farming (within the meaning of subparagraph (A) or (B) of section 2032A(e)(5)), but only if, as of the close of the preceding taxable year, the sum of the following exceeds $500,000-- ``(I) the aggregate unadjusted bases (or, if greater, the fair market value) of the assets owned by the taxpayer and used in such trade or business, and ``(II) the aggregate value of the assets leased by the taxpayer and used in such trade or business. For purposes of subclause (II), rules similar to the rules of section 1397(b) shall apply. ``(5) Distressed community.--For purposes of this subsection, the term `distressed community' means, with respect to periods in any calendar year, any area-- ``(A) which is the area over which a general purpose local governmental unit has jurisdiction and which is designated for purposes of this subsection by the governing body of such unit, and ``(B) which (as of the beginning of such year) meets the requirements of clause (i), (ii), or (iii) of this subparagraph: ``(i) Chronic economic distress.--An area meets the requirements of this clause if-- ``(I) the area has experienced population loss (as determined by the 1990 or subsequent census data) of not less than 5 percent, or ``(II) the area has experienced an average unemployment rate over the last 5 years (as determined by the Bureau of Labor Statistics) of not less than 8 percent. ``(ii) Slow job growth.--An area meets the requirements of this clause if, over the last 5 years-- ``(I) the area has experienced job growth in the retail and manufacturing sectors of less than 3 percent, or ``(II) if data are available only for the manufacturing sector, the community has experienced no job growth in such sector, or if data are available only for the retail sector, the area has experienced job growth in such sector of less than 8.5 percent. ``(iii) Major base closing.--An area meets the requirements of this clause if-- ``(I) there has been a military base closing within its boundaries or adjacent thereto within the last 2 years which has resulted, or will result, in the loss of not less than 500 jobs, or ``(II) there has been an official notification of a military base closing within its boundaries or adjacent thereto within the next 6 months, which will result in the loss of not less than 500 jobs. ``(6) Prohibition of assistance for business relocations.-- ``(A) In general.--This subsection shall not apply to any bonds issued as part of an issue if any of the proceeds of such an issue are used to assist any establishment in relocating from an area outside the distressed community to the distressed community. ``(B) Exception.--The limitation established in subparagraph (A) shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch affiliate, or subsidiary if-- ``(i) the establishment of the new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations, and ``(ii) there is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operations.'' (2) Clerical amendments.-- (A) The section heading for section 144 is amended by striking ``qualified redevelopment bond.'' and inserting ``etc.''. (B) The table of sections for subpart A of part IV of subchapter B of chapter 1 is amended by striking ``qualified redevelopment bond.'' in the item relating to section 144 and inserting ``etc.''. (c) Certain Rules Not To Apply.-- (1) Subsection (h) of section 147 of such Code (relating to certain rules which do not apply) is amended by adding at the end thereof the following new paragraph: ``(3) Bonds for distressed community economic development facilities.--Subsection (c)(1)(A) shall be applied by substituting `50 percent' for `25 percent' and subsection (d) shall not apply to any bond issued as part of an issue described in section 144(d)(1).'' (2) The subsection heading for subsection (h) of section 147 of such Code is amended to read as follows: ``(h) Special Rules for Certain Bonds.--''. (d) Volume Cap Only Charged With 50 Percent of Distressed Community Economic Development Bonds.--Subsection (g) of section 146 of such Code (relating to an exception for certain bonds from volume cap) is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by inserting after paragraph (4) the following new paragraph: ``(5) 50 percent of any bond issued as part of an issue described in section 144(d)(1) (relating to distressed community economic development facilities).'' (e) Penalties for Loans Made to Businesses That Cease To Be Distressed Community Economic Development Businesses, Etc.--Subsection (b) of section 150 of such Code (relating to change in use) is amended by adding at the end thereof the following new paragraph: ``(7) Distressed community economic development bonds.--In the case of any qualified economic development facility with respect to which financing was provided by an issue described in section 144(d)(1): ``(A) No deduction allowed.--No deduction shall be allowed under this chapter for interest on such financing which accrues during the period beginning on the first day of the calendar year which includes the date on which-- ``(i) the trade or business to which the financing was provided ceases to be a qualified business, or ``(ii) substantially all of the use of such facility with respect to which the financing was provided ceases to be in a distressed community. For purposes of this subparagraph, the term `distressed community' means any area which qualifies as a distressed community under section 144(d)(5) as of the time the financing was provided without regard to any subsequent revocation or termination. ``(B) Penalty imposed on distressed community economic development business.--If at any time while such financing is outstanding-- ``(i) such facility ceases to be in use in a qualified business, or ``(ii) substantially all of the use of such facility ceases to be in a distressed community (as so defined), there is hereby imposed on such business to which such financing was provided a penalty equal to 1.25 percent of the portion of such financing which is outstanding immediately before such cessation. Such penalty shall be assessed and collected by the Secretary. ``(C) Exception for bankruptcy.--Subparagraphs (A) and (B) shall not apply to any cessation resulting from bankruptcy.'' (f) Bank Interest Deduction.-- (1) In general.--Clause (ii) of section 265(b)(3)(B) of such Code (relating to exception for certain tax-exempt obligations) is amended-- (A) by striking ``or'' at the end of subclause (I), (B) by redesignating subclause (II) as subclause (III), and (C) by inserting after subclause (I) the following new subclause: ``(II) any bond issued as part of an issue described in section 144(d)(1), or''. (2) Conforming agreement.--Subclause (I) of section 265(b)(3)(B)(i) of such Code (defining qualified tax-exempt obligation) is amended by inserting ``or is an obligation issued as part of an issue described in section 144(d)(1)'' after ``issuer''. (g) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Economic Revitalization Act of 1996 - Amends the Internal Revenue Code to provide a tax-exemption for distressed community economic development bonds. Excepts 50 percent of such bonds from the volume cap. Allows a deduction for such bonds as qualified tax-exempt obligations.

Economic Revitalization Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Tax Amendments of 2001''. SEC. 2. PERMANENT TAX CREDIT FOR RESEARCH AND DEVELOPMENT REGARDING GREENHOUSE GAS EMISSIONS REDUCTION, AVOIDANCE, OR SEQUESTRATION. (a) In General.--Section 41(h) of the Internal Revenue Code of 1986 (relating to termination) is amended by adding at the end the following: ``(3) Exception for certain research.--Paragraph (1)(B) shall not apply in the case of any qualified research expenses if the research-- ``(A) has as one of its purposes the reducing, avoiding, or sequestering of greenhouse gas emissions, and ``(B) has been reported to the Department of Energy under section 1605(b) of the Energy Policy Act of 1992.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to amounts paid or incurred after the date of enactment of this Act, except that such amendment shall not take effect unless the Climate Change Risk Management Act of 2001 is enacted into law. SEC. 3. TAX CREDIT FOR GREENHOUSE GAS EMISSIONS FACILITIES. (a) Allowance of Greenhouse Gas Emissions Facilities Credit.-- Section 46 of the Internal Revenue Code of 1986 (relating to amount of credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following: ``(4) the greenhouse gas emissions facilities credit.''. (b) Amount of Credit.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit) is amended by inserting after section 48 the following: ``SEC. 48A. CREDIT FOR GREENHOUSE GAS EMISSIONS FACILITIES. ``(a) In General.--For purposes of section 46, the greenhouse gas emissions facilities credit for any taxable year is the applicable percentage of the qualified investment in a greenhouse gas emissions facility for such taxable year. ``(b) Greenhouse Gas Emissions Facility.--For purposes of subsection (a), the term `greenhouse gas emissions facility' means a facility of the taxpayer-- ``(1)(A) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(B) which is acquired by the taxpayer if the original use of such facility commences with the taxpayer, ``(2) the operation of which-- ``(A) replaces the operation of a facility of the taxpayer, ``(B) reduces, avoids, or sequesters greenhouse gas emissions on a per unit of output basis as compared to such emissions of the replaced facility, and ``(C) uses the same type of fuel (or combination of the same type of fuel and biomass fuel) as was used in the replaced facility, ``(3) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(4) which meets the performance and quality standards (if any) which-- ``(A) have been jointly prescribed by the Secretary and the Secretary of Energy by regulations, ``(B) are consistent with regulations prescribed under section 1605(b) of the Energy Policy Act of 1992, and ``(C) are in effect at the time of the acquisition of the facility. ``(c) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is one-half of the percentage reduction, avoidance, or sequestration of greenhouse gas emissions described in subsection (b)(2) and reported and certified under section 1605(b) of the Energy Policy Act of 1992. ``(d) Qualified Investment.--For purposes of subsection (a), the term `qualified investment' means, with respect to any taxable year, the basis of a greenhouse gas emissions facility placed in service by the taxpayer during such taxable year, but only with respect to that portion of the investment attributable to providing production capacity not greater than the production capacity of the facility being replaced. ``(e) Qualified Progress Expenditures.-- ``(1) Increase in qualified investment.--In the case of a taxpayer who has made an election under paragraph (5), the amount of the qualified investment of such taxpayer for the taxable year (determined under subsection (d) without regard to this subsection) shall be increased by an amount equal to the aggregate of each qualified progress expenditure for the taxable year with respect to progress expenditure property. ``(2) Progress expenditure property defined.--For purposes of this subsection, the term `progress expenditure property' means any property being constructed by or for the taxpayer and which it is reasonable to believe will qualify as a greenhouse gas emissions facility which is being constructed by or for the taxpayer when it is placed in service. ``(3) Qualified progress expenditures defined.--For purposes of this subsection-- ``(A) Self-constructed property.--In the case of any self-constructed property, the term `qualified progress expenditures' means the amount which, for purposes of this subpart, is properly chargeable (during such taxable year) to capital account with respect to such property. ``(B) Non-self-constructed property.--In the case of non-self-constructed property, the term `qualified progress expenditures' means the amount paid during the taxable year to another person for the construction of such property. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Self-constructed property.--The term `self- constructed property' means property for which it is reasonable to believe that more than half of the construction expenditures will be made directly by the taxpayer. ``(B) Non-self-constructed property.--The term `non-self-constructed property' means property which is not self-constructed property. ``(C) Construction, etc.--The term `construction' includes reconstruction and erection, and the term `constructed' includes reconstructed and erected. ``(D) Only construction of greenhouse gas emissions facility to be taken into account.--Construction shall be taken into account only if, for purposes of this subpart, expenditures therefor are properly chargeable to capital account with respect to the property. ``(5) Election.--An election under this subsection may be made at such time and in such manner as the Secretary may by regulations prescribe. Such an election shall apply to the taxable year for which made and to all subsequent taxable years. Such an election, once made, may not be revoked except with the consent of the Secretary.'' (c) Recapture.--Section 50(a) of the Internal Revenue Code of 1986 (relating to other special rules) is amended by adding at the end the following: ``(6) Special rules relating to greenhouse gas emissions facility.--For purposes of applying this subsection in the case of any credit allowable by reason of section 48A, the following shall apply: ``(A) General rule.--In lieu of the amount of the increase in tax under paragraph (1), the increase in tax shall be an amount equal to the investment tax credit allowed under section 38 for all prior taxable years with respect to a greenhouse gas emissions facility (as defined by section 48A(b)) multiplied by a fraction whose numerator is the number of years remaining to fully depreciate under this title the greenhouse gas emissions facility disposed of, and whose denominator is the total number of years over which such facility would otherwise have been subject to depreciation. For purposes of the preceding sentence, the year of disposition of the greenhouse gas emissions facility property shall be treated as a year of remaining depreciation. ``(B) Property ceases to qualify for progress expenditures.--Rules similar to the rules of paragraph (2) shall apply in the case of qualified progress expenditures for a greenhouse gas emissions facility under section 48A, except that the amount of the increase in tax under subparagraph (A) of this paragraph shall be substituted in lieu of the amount described in such paragraph (2). ``(C) Application of paragraph.--This paragraph shall be applied separately with respect to the credit allowed under section 38 regarding a greenhouse gas emissions facility.'' (d) Technical Amendments.-- (1) Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following: ``(iv) the portion of the basis of any greenhouse gas emissions facility attributable to any qualified investment (as defined by section 48A(d)).'' (2) Section 50(a)(4) of such Code is amended by striking ``and (2)'' and inserting ``, (2), and (6)''. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48 the following: ``Sec. 48A. Credit for greenhouse gas emissions facilities.'' (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (f) Study of Additional Incentives for Voluntary Reduction, Avoidance, or Sequestration of Greenhouse Gas Emissions.-- (1) In general.--The Secretary of the Treasury and the Secretary of Energy shall jointly study possible additional incentives for, and removal of barriers to, voluntary, non recoupable expenditures for the reduction, avoidance, or sequestration of greenhouse gas emissions. For purposes of this subsection, an expenditure shall be considered voluntary and non recoupable if the expenditure is not recoupable-- (A) from revenues generated from the investment, determined under generally accepted accounting standards (or under the applicable rate-of-return regulation, in the case of a taxpayer subject to such regulation), or (B) from any tax or other financial incentive program established under Federal, State, or local law. (2) Report.--Within 6 months of the date of enactment of this Act, the Secretary of the Treasury and the Secretary of Energy shall jointly report to Congress on the results of the study described in paragraph (1), along with any recommendations for legislative action. (g) Scope and Impact.-- (1) Policy.--In order to achieve the broadest response for reduction, avoidance, or sequestration of greenhouse gas emissions and to ensure that the incentives established by or pursuant to this Act do not advantage one segment of an industry to the disadvantage of another, it is the sense of Congress that such incentives should be available for individuals, organizations, and entities, including both for- profit and non-profit institutions. (2) Level playing field study and report.-- (A) In general.--The Secretary of the Treasury and the Secretary of Energy shall jointly study possible additional measures that would provide non-profit entities (such as municipal utilities and energy cooperatives) with economic incentives for greenhouse gas emissions facilities comparable to those incentives provided to taxpayers under the amendments made to the Internal Revenue Code of 1986 by this Act. (B) Report.--Within 6 months after the date of enactment of this Act, the Secretary of the Treasury and the Secretary of Energy shall jointly report to Congress on the results of the study described in subparagraph (A), along with any recommendations for legislative action.

Climate Change Tax Amendments of 2001 - Amends the Internal Revenue Code of 1986 to: (1) set forth a permanent tax credit for research and development regarding greenhouse gas emissions reduction, avoidance, or sequestration; and (2) allow a tax credit for qualified investments in greenhouse gas emissions facilities.Expresses the sense of Congress that tax incentives should be available for individuals, organizations, and entities, including (for-profit and non-profit institutions) in order to achieve the broadest response for reduction, avoidance, or sequestration of greenhouse gas emissions, and to ensure that the incentives established by this Act do not advantage one segment of an industry to the disadvantage of another.

A bill to amend the Internal Revenue Code of 1986 to provide incentives for the voluntary reduction, avoidance, and sequestration of greenhouse gas emissions and to advance global climate science and technology development and deployment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Services and Performance Evaluation Act of 2003''. 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. Amendment of Coastal Zone Management Act of 1972. Sec. 4. Policy. Sec. 5. Coastal Zone Management Fund. Sec. 6. Coastal services. Sec. 7. Review of performance. Sec. 8. Amendments relating to Walter B. Jones Awards for Excellence in Coastal Zone Management. Sec. 9. Reports. Sec. 10. Authorization of appropriations. Sec. 11. Technical corrections. Sec. 12. Coastal zone management outcome indicators and monitoring and performance evaluation system. SEC. 3. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972. 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 Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). SEC. 4. POLICY. Section 303 (16 U.S.C. 1452) is amended in paragraph (2)(J) by striking ``State'' the second place it appears and inserting ``State and Federal fish''. SEC. 5. COASTAL ZONE MANAGEMENT FUND. Section 308 (16 U.S.C. 1456a) is amended-- (1) in subsection (a) by striking paragraph (2) and inserting the following: ``(2) Loan repayments made pursuant to this subsection-- ``(A) shall be retained by the Secretary and deposited into the Coastal Zone Management Fund established under subsection (b); and ``(B) subject to amounts provided in appropriation Acts, shall be available to the Secretary for purposes of this title and transferred to the Operations, Research, and Facilities account to offset the costs of implementing this title.''; and (2) in subsection (b)-- (A) by striking paragraphs (2) and (3); and (B) by striking ``(b)(1)'' and inserting ``(b)''. SEC. 6. COASTAL SERVICES. Section 310 (16 U.S.C. 1456c) is amended-- (1) by striking so much as precedes subsection (b) and inserting the following: ``coastal services, training, education, and technical support ``Sec. 310. (a)(1) The Secretary shall conduct a program of training, education, technical assistance, technology transfer, management-oriented research, and other services to support-- ``(A) State coastal management programs and national estuarine reserves designated under this title; and ``(B) other Federal agencies, local governments, Indian tribes, other persons, and international cooperative efforts relating to the comprehensive planning, conservation, and management of ocean and coastal resources. ``(2) The Secretary may, in implementing this program, take into consideration the need to address regional or local concerns, including the unique needs of island States and territories, in order to provide effective and efficient support and develop expertise. ``(3) The Secretary shall coordinate the technical assistance, studies, management-oriented research, and other activities under this section with any other relevant activities conducted by or subject to the authority of the Secretary.''; (2) in subsection (b) by inserting ``Coordination and Consultation.--'' after ``(b)''; and (3) by adding at the end the following: ``(c) Assistance From Other Agencies and Persons.--(1) Each department, agency, and instrumentality of the executive branch of the Federal Government may assist the Secretary, on a reimbursable basis or otherwise, in carrying out the purposes of this section, including the furnishing of information to the extent permitted by law, the transfer of personnel with their consent and without prejudice to their position and rating, and the performance of any research, study, and technical assistance that does not interfere with the performance of the primary duties of such department, agency, or instrumentality. ``(2) The Secretary may enter into contracts or other arrangements with other Federal agencies and any other qualified person for the purposes of carrying out this section.''. SEC. 7. REVIEW OF PERFORMANCE. Section 312 (16 U.S.C. 1458) is amended by striking ``Sec. 312.'' and all that follows through subsection (a) and inserting the following: ``Sec. 312. (a) Review.--No less than every 5 years, the Secretary shall conduct a review of the performance of a coastal State's management program. Each review shall include a written evaluation with an assessment and detailed findings concerning the extent to which the State has implemented and enforced the program approved by the Secretary, addressed the coastal management needs identified in section 303(2)(A) through (K), met any outcome indicators established by the Secretary under section 12 of the Coastal Services and Performance Evaluation Act of 2003, and adhered to the terms of any grant, loan, or cooperative agreement funded under this title.''. SEC. 8. AMENDMENTS RELATING TO WALTER B. JONES AWARDS FOR EXCELLENCE IN COASTAL ZONE MANAGEMENT. Section 314 (16 U.S.C. 1460) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Authorization of Program.--(1) The Secretary may implement a program to promote excellence in coastal zone management by identifying and making awards acknowledging outstanding accomplishments in the field of coastal zone management. An award under this section shall be known as a `Walter B. Jones Award'. ``(2) Awards under this section may include, subject to the availability of appropriations-- ``(A) cash awards of not more than $5,000 each; ``(B) research grants; and ``(C) public ceremonies to acknowledge accomplishments in the field of coastal zone management.''; (2) in subsection (b) in the matter preceding paragraph (1), by striking ``shall elect annually'' and inserting ``may select annually for an award under this section''; and (3) by repealing subsection (e). SEC. 9. REPORTS. Section 316(a) (16 U.S.C. 1462(a)) is amended-- (1) in subsection (a)-- (A) by striking ``to the President for transmittal''; and (B) in clause (10) by striking ``and an evaluation of the effectiveness of financial assistance under section 308 in dealing with such consequences''; and (2) by amending subsection (c) to read as follows: ``(c) State of the Coast Report.--Not less than 24 months after the date of the enactment of this subsection, and not less than every 24 months thereafter, the Secretary shall provide a coastal status report to the Congress that includes the following: ``(1) An assessment of the ecological status and trends of United States marine resources. ``(2) An identification and analysis of the changes in those status and trends since the previous report. ``(3) An identification and assessment of Government performance measures that track the status and trends of United States marine resources. ``(4) An evaluation of the adequacy of marine resource monitoring and assessment programs.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 318(a) (16 U.S.C. 1464(a)) is amended-- (1) in paragraph (1) by striking ``and'' after the semicolon at the end; (2) in paragraph (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) to carry out section 310 and for awards under section 314-- ``(A) $28,000,000 for fiscal year 2004; ``(B) $29,000,000 for fiscal year 2005; and ``(C) $30,000,000 for each of fiscal years 2006 through 2008.''. SEC. 11. TECHNICAL CORRECTIONS. The Coastal Zone Management Act of 1972 is amended-- (1) in section 304(5) (16 U.S.C. 1453(5)) by striking the semicolon and inserting a colon; (2) in section 306(a), as redesignated by this Act, in paragraph (10)(A) by inserting a comma after ``development''; (3) by striking ``coastal state'' each place it appears and inserting ``coastal State''; (4) by striking ``coastal states'' each place it appears and inserting ``coastal States''; (5) by striking ``coastal state's'' each place it appears and inserting ``coastal State's''; (6) by striking the term ``state'' each place it appears in reference to a State of the United States (other than in the term ``coastal state'') and inserting ``State''; (7) by striking the term ``states'' each place it appears in reference to States of the United States (other than in the term ``coastal states'') and inserting ``States''; and (8) by striking the term ``state's'' each place it appears in reference to a State of the United States (other than in the term ``coastal state's'') and inserting ``State's''. SEC. 12. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS AND MONITORING AND PERFORMANCE EVALUATION SYSTEM. (a) In General.-- (1) Performance guidelines and evaluation.--The Secretary of Commerce shall, by not later than 1 year after the date of enactment of this Act, submit to the Committee on Resources of the House of Representatives a report identifying a common set of measurable outcome indicators to evaluate the performance of State coastal zone management programs in furthering the goals and objectives identified in the States' approved coastal management programs, and in the achievement of the national policy declared in section 303 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1452). (2) Assessment of coastal and marine monitoring, assessment, and other information.--The Secretary shall, by not later than 2 years after the date of enactment of this Act, submit to the Committee on Resources of the House of Representatives a report providing-- (A) an assessment of the adequacy of coastal and marine monitoring, assessment, and other information necessary to establish a coastal zone management outcome monitoring and performance evaluation system; and (B) recommendations for improving the availability of such information, including funding needs. (3) Outcome monitoring and performance evaluation system.-- The Secretary shall, by not later than 3 years after the date of the enactment of this Act, establish a national coastal zone management outcome monitoring and performance evaluation system that uses the common set of indicators identified in the report under paragraph (1). (b) Consultation.-- (1) State consultation.--In preparing each of the reports under subsection (a), the Secretary shall consult with and provide a copy of the draft report to each coastal State, through the Governor of the State or the head of the State agency designated by such Governor pursuant to section 310(d)(6) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(d)(6)). (2) Public comment and participation.--The Secretary shall also implement a public process to solicit the views and comments of Federal agencies, local governments, regional organizations, port authorities, and other interested public and private persons regarding such reports, and shall make available to such persons copies of each draft of such reports for review and comment. (3) Response to comments.--The Secretary shall include in each final report under subsection (a)-- (A) any comments on each draft of the report received from a Governor or the head of such a designated State agency, and the Secretary's responses to such comments; and (B) a summary of other public comments regarding the report, and the Secretary's response to those comments. (c) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 2004, 2005, and 2006.

Coastal Services and Performance Evaluation Act of 2003 - Amends Federal law to make loan repayments deposited in the Coastal Zone Management Fund available to offset costs of implementing coastal zone management programs.Requires the Secretary of Commerce to provide training, education, and technical assistance for coastal zone management. Authorizes Federal agencies and instrumentalities to assist the Secretary on a reimbursable basis.Revises review requirements for coastal State management programs to change the frequency of review from continuing to every five years.Makes the Walter B. Jones Excellence in Coastal Zone Management Awards program discretionary instead of mandatory.Requires the Secretary to establish a national coastal zone management outcome indicators monitoring and performance evaluation system that provides for public comment and participation and uses a common set of measurable outcome indicators to evaluate the performance of State coastal zone management programs.

To amend the Coastal Zone Management Act of 1972 to reauthorize coastal services, training, education, and technical support programs of the National Oceanic and Atmospheric Administration, to establish a performance evaluation system for such administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Judgeship Act of 2002''. SEC. 2. TEMPORARY JUDGESHIPS. (a) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (1) One additional bankruptcy judge for the eastern district of California. (2) Three additional bankruptcy judges for the central district of California. (3) Four additional bankruptcy judges for the district of Delaware. (4) Two additional bankruptcy judges for the southern district of Florida. (5) One additional bankruptcy judge for the southern district of Georgia. (6) Three additional bankruptcy judges for the district of Maryland. (7) One additional bankruptcy judge for the eastern district of Michigan. (8) One additional bankruptcy judge for the southern district of Mississippi. (9) One additional bankruptcy judge for the district of New Jersey. (10) One additional bankruptcy judge for the eastern district of New York. (11) One additional bankruptcy judge for the northern district of New York. (12) One additional bankruptcy judge for the southern district of New York. (13) One additional bankruptcy judge for the eastern district of North Carolina. (14) One additional bankruptcy judge for the eastern district of Pennsylvania. (15) One additional bankruptcy judge for the middle district of Pennsylvania. (16) One additional bankruptcy judge for the district of Puerto Rico. (17) One additional bankruptcy judge for the western district of Tennessee. (18) One additional bankruptcy judge for the eastern district of Virginia. (19) One additional bankruptcy judge for the district of South Carolina. (20) One additional bankruptcy judge for the district of Nevada. (b) Vacancies.-- (1) Districts with single appointments.--Except as provided in paragraphs (2), (3), (4), and (5), the first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in subsection (a)-- (A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a) to such office; and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (2) Central district of california.--The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the central district of California-- (A) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under subsection (a)(2); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (3) District of delaware.--The 1st, 2d, 3d, and 4th vacancies in the office of bankruptcy judge in the district of Delaware-- (A) occurring 5 years or more after the respective 1st, 2d, 3d, and 4th appointment dates of the bankruptcy judges appointed under subsection (a)(3); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (4) Southern district of florida.--The 1st and 2d vacancies in the office of bankruptcy judge in the southern district of Florida-- (A) occurring 5 years or more after the respective 1st and 2d appointment dates of the bankruptcy judges appointed under subsection (a)(4); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (5) District of maryland.--The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the district of Maryland-- (A) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under subsection (a)(6); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. SEC. 3. EXTENSIONS. (a) In General.--The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee under paragraphs (1), (3), (7), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years after the date of the enactment of this Act. (b) Applicability of Other Provisions.--All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in this section. SEC. 4. TECHNICAL AMENDMENTS. Section 152(a) of title 28, United States Code, is amended-- (1) in paragraph (1), by striking the first sentence and inserting the following: ``Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located.''; and (2) in paragraph (2)-- (A) in the item relating to the middle district of Georgia, by striking ``2'' and inserting ``3''; and (B) in the collective item relating to the middle and southern districts of Georgia, by striking ``Middle and Southern . . . . . . 1''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act.

Bankruptcy Judgeship Act of 2002 - Makes appointments to the office of bankruptcy judge for judicial districts in the following States: California, Delaware; Florida; Georgia; Maryland; Michigan; Mississippi; New Jersey; New York; North Carolina, Pennsylvania; Puerto Rico; Tennessee; Virginia, South Carolina and Nevada.Grants extensions to the temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee.

A bill to provide bankruptcy judgeships.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Elections Review Commission Act''. SEC. 2. ESTABLISHMENT OF COMMISSION; MEMBERSHIP. (a) Establishment.--There is established a commission to be known as the Federal Elections Review Commission (hereafter in this Act referred to as the ``Commission''). (b) Purpose.--The purpose of the Commission shall be to study the nature and consequences of the Federal electoral process and make recommendations to ensure the integrity of, and public confidence in, Federal elections. (c) Membership.--The Commission shall be composed of 12 members, who shall be appointed as follows: (1) Three members shall be appointed by the President pro tempore of the Senate based on recommendations by the majority leader of the Senate. (2) Three members shall be appointed by the President pro tempore of the Senate based on recommendations of the minority leader of the Senate. (3) Three members shall be appointed by the Speaker of the House of Representatives. (4) Three members shall be appointed by the minority leader of the House of Representatives. (d) Qualifications of Members.--Members shall be appointed to the Commission from among individuals who-- (1) have expertise in Federal election laws, the United States Constitution, and the history of the United States, or other pertinent qualifications or experience; and (2) are not officers or employees of the United States. (e) Other Considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members-- (1) represent a broad cross section of regional and political perspectives in the United States; and (2) provide fresh insights to analyzing the Federal electoral process in order to maintain the integrity of, and public confidence in, such process. (f) Period of Appointment; Vacancies.--(1) Members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. Appointments shall be for the life of the Commission. (2) Any vacancy in the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment. (g) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (h) Chairperson and Vice Chairperson.--The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (i) Additional Meetings.--The Commission shall meet at the call of the chairperson. (j) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (k) Voting.--A vote of a member of the Commission with respect to the duties of the Commission shall have the same weight as the vote of any other member of the Commission. SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall examine the nature and consequences of the Federal electoral process and make recommendations to ensure the integrity of, and public confidence in, Federal elections. (b) Specific Issues To Be Addressed.--The Commission shall examine and report to the President, the Congress, and the Federal Election Commission on, at a minimum, the following: (1) The historic rationale for the electoral college, its impact on Presidential elections, and the advisability of its abolition or other options for reform, including the possibility for proportional allocation of electors within States. (2) Voter registration issues, including same-day registration, universal registration, the impact of ``motor voter'' registration, and the accuracy of voter registration rolls. (3) Ballot access issues, including the procedural hurdles that political parties must overcome to be placed on ballots, the role of mail-in balloting in Federal elections, and the distinction between mail-in and absentee balloting, including the uniformity or lack thereof of the deadlines for the receipt of ballots. (4) Ballot design and technology issues, including the impact of the physical ballot design, the advantages and disadvantages of various technologies (including voting through the use of the Internet) used to cast and count votes, the feasibility and advisability of setting uniform national ballot design and technology standards, the impact of the language used on ballots, the simplicity of language, and the use of foreign language ballots. (5) Election day polling place issues, including the impact of polling place closing times, the number and accessibility of polling places, the training of poll workers, and voter education. (6) The feasibility and advisability of changing to multiple day elections, weekend elections, expanding early voting options, and limiting campaign activities (including advertising and fundraising) to a set period of time. (7) The impact of winner-take-all voting, and the feasibility and advisability of election reforms such as instant runoff voting, proportional representation, and fusion balloting, with a particular emphasis on the impact on voter turnout and expanding political dialog. (8) The unique problems faced in voting by members of the uniformed services, especially members stationed overseas, and options for reform of the voting process for such individuals. (9) The presidential primary process and the presidential debate process, and options for reform of such processes. (10) The costs of implementing various election reform proposals and options for paying for such proposals, including Federal cost-sharing. (c) Analysis of Impact on Certain Issues.--With respect to each of the issues referred to in subsection (b), in carrying out its examination and report the Commission shall take into consideration-- (1) the speed, accuracy, and security of votes and vote counts; and (2) the impact on various demographic groups, including racial minorities, individuals with disabilities, residents of rural areas, and residents of urban areas. SEC. 4. FINAL REPORT. (a) In General.--Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and the Congress a final report including-- (1) the findings and conclusions of the Commission; and (2) recommendations for addressing the problems identified as part of the Commission's analysis. (b) Separate Views.--Any member of the Commission may submit additional findings and recommendations as part of the final report. SEC. 5. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. The Commission shall hold at least one hearing in the District of Columbia, and at least four hearings in other regions of the United States. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (b) Staff.--(1) The chairperson of the Commission may appoint staff of the Commission, request the detail of Federal employees, and accept temporary and intermittent services in accordance with section 3161 of title 5, United States Code. (2) The employment of an executive director of the Commission shall be subject to the approval of the Commission. (3) The rate of pay for the executive director and other personnel of the Commission may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 7. SUPPORT SERVICES. The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 8. TERMINATION. The Commission shall terminate not later than the date that is 30 days after the date the Commission submits its final report under section 4. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,000,000 for the Commission to carry out this Act.

Federal Elections Review Commission Act - Establishes the Federal Elections Review Commission to study and report to the President and the Congress on the nature and consequences of the Federal electoral process, making recommendations to ensure the integrity of, and public confidence in, Federal elections.

To establish a commission to study and make recommendations with respect to the Federal electoral process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``RESPONSE Act of 2016''. SEC. 2. RAILROAD EMERGENCY SERVICES PREPAREDNESS, OPERATIONAL NEEDS, AND SAFETY EVALUATION SUBCOMMITTEE. Section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) RESPONSE Subcommittee.-- ``(1) Establishment.--Not later than 30 days after the date of the enactment of the RESPONSE Act of 2016, the Administrator shall establish, as a subcommittee of the National Advisory Council, the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee (referred to in this subsection as the `RESPONSE Subcommittee'). ``(2) Membership.--Notwithstanding subsection (c), the RESPONSE Subcommittee shall be composed of the following: ``(A) The Deputy Administrator, Protection and National Preparedness of the Federal Emergency Management Agency, or designee. ``(B) The Chief Safety Officer of the Pipeline and Hazardous Materials Safety Administration, or designee. ``(C) The Associate Administrator for Hazardous Materials Safety of the Pipeline and Hazardous Materials Safety Administration, or designee. ``(D) The Director of the Office of Emergency Communications of the Department of Homeland Security, or designee. ``(E) The Director for the Office of Railroad, Pipeline and Hazardous Materials Investigations of the National Transportation Safety Board, or designee. ``(F) The Chief Safety Officer and Associate Administrator for Railroad Safety of the Federal Railroad Administration, or designee. ``(G) The Assistant Administrator for Security Policy and Industry Engagement of the Transportation Security Administration, or designee. ``(H) The Assistant Commandant for Response Policy of the Coast Guard, or designee. ``(I) The Assistant Administrator for the Office of Solid Waste and Emergency Response of the Environmental Protection Agency, or designee. ``(J) Such other qualified individuals as the co- chairpersons shall jointly appoint as soon as practicable after the date of the enactment of the RESPONSE Act of 2016 from among the following: ``(i) Members of the National Advisory Council that have the requisite technical knowledge and expertise to address rail emergency response issues, including members from the following disciplines: ``(I) Emergency management and emergency response providers, including fire service, law enforcement, hazardous materials response, and emergency medical services. ``(II) State, local, and tribal government officials. ``(ii) Individuals who have the requisite technical knowledge and expertise to serve on the RESPONSE Subcommittee, including at least 1 representative from each of the following: ``(I) The rail industry. ``(II) Rail labor. ``(III) Persons who offer oil for transportation by rail. ``(IV) The communications industry. ``(V) Emergency response providers, including individuals nominated by national organizations representing State and local governments and emergency responders. ``(VI) Emergency response training providers. ``(VII) Representatives from tribal organizations. ``(VIII) Technical experts. ``(IX) Vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency responder services. ``(iii) Representatives of such other stakeholders and interested and affected parties as the co-chairpersons consider appropriate. ``(3) Co-chairpersons.--The members described in subparagraphs (A) and (B) of paragraph (2) shall serve as the co-chairpersons of the RESPONSE Subcommittee. ``(4) Initial meeting.--The initial meeting of the RESPONSE Subcommittee shall take place not later than 90 days after the date of enactment of the RESPONSE Act of 2016. ``(5) Consultation with nonmembers.--The RESPONSE Subcommittee and the program offices for emergency responder training and resources shall consult with other relevant agencies and groups, including entities engaged in federally funded research and academic institutions engaged in relevant work and research, which are not represented on the RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail hazardous materials incidents. ``(6) Recommendations.--The RESPONSE Subcommittee shall develop recommendations, as appropriate, for improving emergency responder training and resource allocation for hazardous materials incidents involving railroads after evaluating the following topics: ``(A) The quality and application of training for State and local emergency responders related to rail hazardous materials incidents, including training for emergency responders serving small communities near railroads, including the following: ``(i) Ease of access to relevant training for State and local emergency responders, including an analysis of-- ``(I) the number of individuals being trained; ``(II) the number of individuals who are applying; ``(III) whether current demand is being met; ``(IV) current challenges; and ``(V) projected needs. ``(ii) Modernization of training course content related to rail hazardous materials incidents, with a particular focus on fluctuations in oil shipments by rail, including regular and ongoing evaluation of course opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for State and local emergency responders. ``(iii) Identification of overlap in training content and identification of opportunities to develop complementary courses and materials among governmental and nongovernmental entities. ``(iv) Online training platforms, train-the-trainer, and mobile training options. ``(B) The availability and effectiveness of Federal, State, local, and nongovernmental funding levels related to training emergency responders for rail hazardous materials incidents, including emergency responders serving small communities near railroads, including-- ``(i) identifying overlap in resource allocations; ``(ii) identifying cost savings measures that can be implemented to increase training opportunities; ``(iii) leveraging government funding with nongovernmental funding to enhance training opportunities and fill existing training gaps; ``(iv) adaptation of priority settings for agency funding allocations in response to emerging trends; ``(v) historic levels of funding across Federal agencies for rail hazardous materials incident response and training, including funding provided by the private sector to public entities or in conjunction with Federal programs; and ``(vi) current funding resources across agencies. ``(C) The strategy for integrating commodity flow studies, mapping, and rail and hazardous materials databases for State and local emergency responders and increasing the rate of access to the individual responder in existing or emerging communications technology. ``(7) Report.-- ``(A) In general.--Not later than 1 year after the date of the enactment of the RESPONSE Act of 2016, the RESPONSE Subcommittee shall submit a report to the National Advisory Council that-- ``(i) includes the recommendations developed under paragraph (6); ``(ii) specifies the timeframes for implementing any such recommendations that do not require congressional action; and ``(iii) identifies any such recommendations that do require congressional action. ``(B) Review.--Not later than 30 days after receiving the report under subparagraph (A), the National Advisory Council shall begin a review of the report. The National Advisory Council may ask for additional clarification, changes, or other information from the RESPONSE Subcommittee to assist in the approval of the recommendations. ``(C) Recommendation.--Once the National Advisory Council approves the recommendations of the RESPONSE Subcommittee, the National Advisory Council shall submit the report to-- ``(i) the co-chairpersons of the RESPONSE Subcommittee; ``(ii) the head of each other agency represented on the RESPONSE Subcommittee; ``(iii) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(iv) the Committee on Commerce, Science, and Transportation of the Senate; ``(v) the Committee on Homeland Security of the House of Representatives; and ``(vi) the Committee on Transportation and Infrastructure of the House of Representatives. ``(8) Interim activity.-- ``(A) Updates and oversight.--After the submission of the report by the National Advisory Council under paragraph (7), the Administrator shall-- ``(i) provide annual updates to the congressional committees referred to in paragraph (7)(C) regarding the status of the implementation of the recommendations developed under paragraph (6); and ``(ii) coordinate the implementation of the recommendations described in paragraph (6)(G)(i), as appropriate. ``(B) Sunset.--The requirements of subparagraph (A) shall terminate on the date that is 2 years after the date of the submission of the report required under paragraph (7)(A). ``(9) Termination.--The RESPONSE Subcommittee shall terminate not later than 90 days after the submission of the report required under paragraph (7)(C).''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

RESPONSE Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Federal Emergency Management Agency (FEMA) to establish the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Subcommittee of the National Advisory Council. The RESPONSE Subcommittee shall develop recommendations for improving emergency responder training and resource allocation for hazardous materials (hazmat) incidents involving railroads after evaluating the following topics: the quality and application of training for state and local emergency responders related to rail hazmat incidents, including training for emergency responders serving small communities near railroads; the availability and effectiveness of federal, state, local, and nongovernmental funding levels related to training emergency responders for rail hazmat incidents, including emergency responders serving small communities near railroads; and the strategy for integrating commodity flow studies, mapping, and rail and hazmat databases for state and local emergency responders and increasing the rate of access to the individual responder in existing or emerging communications technology. The RESPONSE Subcommittee shall terminate within 90 days after the council submits a report approving the RESPONSE Subcommittee recommendations.

RESPONSE Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Greyhound Racing Act of 1993''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that the States should have the primary responsibility for determining what forms of greyhound racing may legally take place within their borders. (b) Policy.--It is the policy of the Congress in this Act to regulate interstate commerce in order to further greyhound racing in the United States. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``concurrently operating tracks'' means racing associations conducting parimutuel greyhound racing at the same time of day (afternoon against afternoon; nighttime against nighttime) as the racing association conducting the greyhound racing which is the subject of an interstate off-track wager; (2) the term ``dark days'' means those days when racing of the same type does not occur in an off-track State within 60 miles of an off-track betting office during a race meeting, including a dark weekday when such racing association or associations run on Sunday and days when a racing program is scheduled but does not take place or cannot be completed due to weather, strikes, and other factors not within the control of the off-track betting system; (3) the term ``greyhound owners' group'' means, with reference to the applicable host racing association, the group which represents the majority of owners of greyhounds racing in races subject to the interstate off-track wager on any racing day; (4) the term ``host racing association'' means any person who, pursuant to a license or other permission granted by the host State, conducts the greyhound race subject to an interstate wager; (5) the term ``host racing commission'' means that person designated by State statute or, in the absence of statute, by regulation with jurisdiction to regulate the conduct of racing within the host State; (6) the term ``host State'' means the State in which the greyhound race subject to an interstate wager takes place; (7) the term ``interstate off-track wager'' means a legal wager placed or accepted in one State with respect to the outcome of a greyhound race taking place in another State; (8) the term ``off-track betting office'' means any location within an off-track State at which off-track wagers are accepted; (9) the term ``off-track betting system'' means any group which is in the business of accepting wagers on greyhound races at locations other than the place where the greyhound race is run, which business is conducted by the State or licensed or otherwise permitted by State law; (10) the term ``off-track racing commission'' means that person designated by State statute or, in the absence of statute, by regulation with jurisdiction to regulate ``off- track'' betting in that State; (11) the term ``off-track State'' means the State in which an interstate off-track wager is accepted; (12) the term ``on-track wager'' means a wager with respect to the outcome of a greyhound race which is placed at the racetrack at which such greyhound race takes place; (13) the term ``parimutuel'' means any system whereby wagers with respect to the outcome of a greyhound race are placed with, or in, a wagering pool conducted by a person licensed or otherwise permitted to do so under State law, and in which the participants are wagering with each other and not against the operator; (14) the term ``person'' means any individual, association, partnership, joint venture, corporation, State or political subdivision thereof, department, agency, or instrumentality of a State or political subdivision thereof, or any other organization or entity; (15) the term ``race meeting'' means those scheduled days during the year a racing association is granted permission by the appropriate State racing commission to conduct greyhound racing; (16) the term ``race day'' means a full program of races at a specified racing association on a specified day; (17) the term ``regular contractual process'' means those negotiations by which the applicable greyhound owners' group and host racing association reach agreements on issues regarding the conduct of greyhound racing by the greyhound owners' group at the racing association; (18) the term ``special event'' means the specific individual greyhound race which is deemed by the off-track betting system to be of sufficient national significance and interest to warrant interstate off-track wagering on that event or events; (19) the term ``State'' means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; (20) the term ``takeout'' means that portion of a wager which is deducted from or not included in the parimutuel pool, and which is distributed to persons other than those placing wagers; (21) the term ``terms and conditions'' includes the percentage which is paid by the off-track betting system to the host racing association, the percentage which is paid by the host racing association to the greyhound owners' group, as well as any arrangements as to the exclusivity between the host racing association and the off-track betting system; and (22) the term ``year'' means calendar year. SEC. 4. PROHIBITION. No person may accept an interstate off-track wager except as provided in this Act. SEC. 5. REGULATION. (a) In General.--An interstate off-track wager may be accepted by an off-track betting system only if consent is obtained from-- (1) the host racing association, except that as a condition precedent to such consent, such racing association (except a not-for-profit racing association in a State where the distribution of off-track betting revenues in that State is set forth by law) shall have a written agreement with the greyhound owners' group, under which such racing association may give such consent, setting forth the terms and conditions relating thereto, except that where the host racing association has a contract with a greyhound owners' group on the date of enactment of this Act which contains no provisions referring to interstate off-track betting, the terms and conditions of such then-existing contract shall be deemed to apply to the interstate off-track wagers and no additional written agreement need be entered into unless the parties to such then-existing contract agree otherwise. Where such provisions exist in such existing contract, such contract shall govern. Where written consents exist on the date of enactment of this Act between an off-track betting system and the host racing association providing for interstate off-track wagers, or such written consents are executed by these parties prior to the expiration of such then-existing contract, upon the expiration of such then-existing contract the written agreement of such greyhound owners' group shall thereafter be required as such condition precedent and as a part of the regular contractual process, and may not be withdrawn or varied except in the regular contractual process. Where no such written consent exists, and where such written agreement occurs at a racing association which has a regular contractual process with such greyhound owners' group, such agreement by the greyhound owners' group may not be withdrawn or varied except in the regular contractual process; (2) the host racing commission; and (3) the off-track racing commission. (b) Additional Requirements.-- (1) Approval.--In addition to the requirement of subsection (a), any off-track betting office shall obtain the approval of-- (A) all concurrently operating tracks within 60 miles of such off-track betting office; and (B) if there are no concurrently operating tracks within 60 miles, then the closest currently operating track in an adjoining State. (2) Exception.--Notwithstanding the provisions of paragraph (1), any off-track betting office in a State with at least 250 days of on-track parimutuel greyhound racing a year may accept interstate off-track wagers for a total of 60 racing days and 25 special events a year without the approval required by paragraph (1) if with respect to such 60 racing days there is no racing of the same type at the same time of day being conducted within the off-track betting State within 60 miles of the off-track betting office accepting the wager or such racing program cannot be completed. Excluded from such 60 days and from the consent required by paragraph (1) may be dark days which occur during a regularly scheduled race meeting in such off-track betting State. In order to accept any interstate off- track wager under the terms of the preceding sentence the off- track betting office shall make identical offers to any racing association described in subparagraph (A) of paragraph (1). Nothing in this subparagraph shall be construed to reduce or eliminate the necessity of obtaining all the approvals required by subsection (a). (c) Take Out.--No parimutuel off-track betting system may employ a takeout for an interstate wager which is greater than the takeout for corresponding wagering pools of off-track wagers on races run within the off-track State unless such greater takeout is authorized by State law in the off-track State. SEC. 6. LIABILITY AND DAMAGES. Any person accepting any interstate off-track wager in violation of section 5 shall be civilly liable for damages to the host State, the host racing association, and the greyhound owners' group. Damages for each violation shall be based on the total of off-track wagers as follows: (1) If the interstate off-track wager was of a type accepted at the host racing association, damages shall be in an amount equal to that portion of the takeout which would have been distributed to the host State, host racing association, and the greyhound owners' group as if each such interstate off- track wager had been placed at the host racing association. (2) If such interstate off-track wager was of a type not accepted at the host racing association, the amount of damages shall be determined at the rate of takeout prevailing at the off-track betting system for that type of wager and shall be distributed according to the same formula as in paragraph (1). SEC. 7. CIVIL ACTION. (a) In General.--The host State, the host racing association, or the greyhound owners' group may commence a civil action against any person alleged to be in violation of section 5, for injunctive relief to restrain violations and for damages in accordance with section 6. (b) Parties.--In any civil action under subsection (a), the host State, the host racing association, and greyhound owners' group, if not a party, shall be permitted to intervene as a matter of right. (c) Time.--A civil action may not be commenced pursuant to subsection (a) more than 3 years after the discovery of the alleged violation upon which such civil action is based. (d) Construction.--Nothing in this Act shall be construed to permit a State to be sued under subsection (a) other than in accordance with its applicable laws. SEC. 8. JURISDICTION AND VENUE. (a) In General.--Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any civil action under section 7 without regard to the citizenship of the parties or the amount in controversy. (b) Venue.--A civil action under section 7 may be brought in any district court of the United States for a district located in the host State or the off-track State and all process in any such civil action may be served in any judicial district of the United States. (c) Concurrent Jurisdiction.--The jurisdiction of the district courts of the United States pursuant to this section shall be concurrent with that of any State court of competent jurisdiction located in the host State or the off-track State. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act and shall apply to any interstate off-track wager accepted on or after such date of enactment.

Interstate Greyhound Racing Act of 1993 - Allows the acceptance of interstate off-track wagers on greyhound races by off-track betting systems after consent is obtained from the host racing association (making certain exceptions with regard to existing contracts), the host racing commission, and the off-track commission. Requires any off-track betting office to obtain the approval of all currently operating tracks within 60 miles of the office (or, if there are none, the closest currently operating track in an adjoining State). Allows off-track betting offices in a State with at least 250 days of on-track parimutuel greyhound racing a year to accept interstate off-track wagers for 60 racing days and 25 special events per year without approval if there is no similar racing being conducted within the off-track State within 60 miles of the office accepting the wager. Prohibits a parimutuel off-track betting system from employing a takeout for an interstate wager which is greater than the takeout for corresponding wagering pools of off-track wagers on races run within the off-track State except where the greater takeout is authorized by State law in the off-track State. Makes persons accepting interstate off-track wagers in violation of this Act civilly liable to the host State, the host racing association, and the greyhound owners' group.

Interstate Greyhound Racing Act of 1993

SECTION 1. TAX CREDIT FOR GREEN ROOFS. (a) Findings and Purpose.-- (1) Findings.--Congress makes the following findings: (A) Green roofs reduce storm water run off. (B) Green roofs reduce heating and cooling loads on a building. (C) Green roofs filter pollutants and carbon dioxide out of the air. (D) Green roofs filter pollutants and heavy metals out of rainwater. (E) Construction of green roofs has the potential to reduce the size of heating, ventilation, and air conditioning equipment on new or retrofitted buildings resulting in capital and operational savings. (F) Green roofs have the potential to reduce the amount of standard insulation used. (G) After installation, green roofs can reduce sewage system loads by assimilating large amounts of rainwater. (H) Green roofs absorb air pollution, collect airborne particulates, and store carbon. (I) Green roofs protect underlying roof material by eliminating exposure to the sun's ultraviolet radiation and extreme daily temperature fluctuations. (J) Green roofs reduce noise transfer from the outdoors. (K) Green roofs insulate a building from extreme temperatures, mainly by keeping the building interior cool in the summer. (L) Green roofs provide habitat for beneficial insects, such as honeybees and other pollinators, and small animals such as birds. (2) Purpose.--The purpose of this section is to encourage the construction of green roofs thereby-- (A) reducing rooftop temperatures and heat transfer; decreasing summertime indoor temperatures; (B) lessening pressure on sewer systems through the absorption of rainwater; (C) filtering pollution--including heavy metals and excess nutrients; (D) protecting underlying roof material; (E) reducing noise; (F) providing a habitat for birds and other small animals; (G) improving the quality of life for building inhabitants; and (H) reducing the urban heat island effect by decreasing rooftop temperatures. (b) Green Roofs Eligible for Energy Credit.-- (1) In general.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end the following new clause: ``(v) a qualified green roof (as defined in section 25D(d)(4)(B)).''. (2) Credit allowed against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by striking ``and'' at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause: ``(iv) so much of the credit determined under section 46 as is attributable to the credit determined under section 48, and''. (3) Effective date.--The amendments made by this subsection shall apply to periods after December 31, 2008, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of the Revenue Reconciliation Act of 1990). (c) Credit for Residential Green Roofs.-- (1) In general.-- (A) Allowance of credit.--Section 25D(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) 30 percent of the qualified green roof property expenditures made by the taxpayer during such year.''. (B) Limitation.--Section 25D(b)(1) of such Code (relating to maximum credit) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) $2,000 with respect to any qualified green roof property expenditures.''. (C) Qualified green roof property expenditures.-- Section 25D(d) of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(4) Qualified green roof property expenditure.-- ``(A) In general.--The term `qualified green roof property expenditure' means an expenditure for a qualified green roof which is installed on a building located in the United States and used as a residence by the taxpayer. ``(B) Qualified green roof.--The term `qualified green roof' means any green roof at least 40 percent of which is vegetated. ``(C) Green roof.--The term `green roof' means any roof which consists of vegetation and soil, or a growing medium, planted over a waterproofing membrane and its associated components, such as a protection course, a root barrier, a drainage layer, or thermal insulation and an aeration layer.''. (D) Maximum expenditures in case of joint occupancy.--Section 25D(e)(4)(A) of such Code (relating to maximum expenditures) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) $1,667 in the case of any qualified green roof property expenditures.''. (2) Credit allowed against alternative minimum tax.-- (A) In general.--Subsection (c) of section 25D of the internal Revenue Code of 1986 is amended to read as follows: ``(c) Limitation Based on Amount of Tax; Carryforward of Unused Credit.-- ``(1) 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 the 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. ``(2) Carryforward of unused credit.-- ``(A) 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. ``(B) 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 paragraph (1) 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.''. (B) Conforming amendments.-- (i) Section 23(b)(4)(B) of the Internal Revenue Code of 1986 is amended by inserting ``and section 25D'' after ``this section''. (ii) Section 24(b)(3)(B) of such Code is amended by striking ``and 25B'' and inserting ``, 25B, and 25D''. (iii) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25D''. (iv) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to property placed in service after December 31, 2008, in taxable years ending after such date. (B) Application of egtrra sunset.--The amendments made by clauses (i) and (ii) of paragraph (2)(B) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendments relate.

Amends the Internal Revenue Code to allow: (1) an 10% energy tax credit for the installation of a qualified green roof; and (2) a residential energy efficient tax credit for 30% of qualified green roof property expenditures up to $2,000. Defines a "qualified green roof" as any green roof which is at least 40% vegetated. Defines "green roof" as any roof which consists of vegetation and soil, or a growing medium, planted over a waterproofing membrane and its associated components.

A bill to amend the Internal Revenue Code of 1986 to allow a credit for green roofs.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Food Desert Oasis Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FOOD DESERT OASIS PILOT PROGRAM Sec. 101. Food Desert Zones; qualified food desert businesses. Sec. 102. Increase in rehabilitation tax credit for qualified food desert businesses. Sec. 103. Food desert employment tax credit. Sec. 104. Food desert tax exempt facility bonds. TITLE II--HUNGER-FREE COMMUNITIES GRANTS EXTENSION AND ENHANCEMENT Sec. 201. Expansion of hunger-free communities program. TITLE III--REPORTS TO CONGRESS ON PILOT PROGRAM Sec. 301. Reports to Congress on pilot program. TITLE I--FOOD DESERT OASIS PILOT PROGRAM SEC. 101. FOOD DESERT ZONES; QUALIFIED FOOD DESERT BUSINESSES. (a) Food Desert Zones.--Each of the following shall be treated as a separate Food Desert Zone: (1) Chicago, Illinois. (2) Detroit, Michigan. (3) Cleveland, Ohio. (4) Milwaukee, Wisconsin. (5) Houston, Texas. (6) Memphis, Tennessee. (7) Birmingham, Alabama. (8) San Antonio, Texas. (9) Kansas City, Missouri. (10) Indianapolis, Indiana. (11) Baltimore, Maryland (12) Atlanta, Georgia. (13) Richmond, Virginia. (14) Los Angeles, California. (15) Cincinnati, Ohio. (16) St. Louis, Missouri. (17) Nashville, Tennessee. (18) District of Columbia. (19) Philadelphia, Pennsylvania. (20) New Orleans, Louisiana. (b) Qualified Food Desert Business.--For purposes of this Act, the term ``qualified food desert business'' means any taxpayer for any taxable year if such taxpayer-- (1) is in the trade or business of selling products at wholesale or retail, and (2) at least 25 percent of such taxpayer's gross receipts from such trade or business are derived from the sale of fresh fruits and vegetables. For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 taxpayer. SEC. 102. INCREASE IN REHABILITATION TAX CREDIT FOR QUALIFIED FOOD DESERT BUSINESSES. (a) In General.--In the case of qualified rehabilitation expenditures (as defined in section 47(c) of the Internal Revenue Code of 1986) paid or incurred by a qualified food desert business during the period beginning on the date of the enactment of this Act and ending on December 31, 2012, with respect to any qualified building, subsection (a) of section 47 of such Code (relating to rehabilitation credit) shall be applied-- (1) by substituting ``13 percent'' for ``10 percent'' in paragraph (1) thereof, and (2) by substituting ``26 percent'' for ``20 percent'' in paragraph (2) thereof. (b) Qualified Building.--For purposes of this section, the term ``qualified building'' means any qualified rehabilitated building or certified historic structure (as defined in section 47(c) of such Code) which-- (1) is located in a Food Desert Zone, and (2) is used by the qualified food desert business in carrying on the trade or business referred to in section 101(b). SEC. 103. FOOD DESERT EMPLOYMENT TAX CREDIT. (a) In General.--Subject to the modifications in subsection (b), a Food Desert Zone shall be treated as an empowerment zone for purposes of section 1396 of the Internal Revenue Code of 1986 with respect to wages paid or incurred after the date of the enactment of this Act and before December 31, 2015. (b) Modifications.--In applying section 1396 of such Code to Food Desert Zones, only qualified food desert businesses shall be treated as employers. SEC. 104. FOOD DESERT TAX EXEMPT FACILITY BONDS. (a) In General.--For purposes of the Internal Revenue Code of 1986, any qualified food desert bond shall be treated as an exempt facility bond. (b) Qualified Food Desert Bond.--For purposes of this section, the term ``qualified food desert bond'' means any bond issued as part of an issue if-- (1) 95 percent or more of the net proceeds (as defined in section 150(a)(3) of such Code) of such issue are to be used for qualified project costs, (2) such bond is issued by the State (or any political subdivision thereof) in which the property referred to in subsection (d) is located, (3) such bond is designated for purposes of this section by-- (A) in the case of a bond which is required under State law to be approved by the bond commission of such State, such bond commission, and (B) in the case of any other bond, the Governor of such State, (4) such bond is issued after the date of the enactment of this section and before January 1, 2016, and (5) no portion of the proceeds of such issue is to be used to provide any property described in section 144(c)(6)(B) of such Code. (c) Limitations on Bonds.-- (1) Aggregate amount designated.--The maximum aggregate face amount of bonds which may be designated under this section with respect to any Food Desert Zone shall not exceed $20,000,000. (2) Movable property.--No bonds shall be issued which are to be used for movable fixtures and equipment. (d) Qualified Project Costs.--For purposes of this section, the term ``qualified project costs'' means the cost of acquisition, construction, reconstruction, or renovation of nonresidential real property (including fixed improvements associated with such property) which-- (1) is located in a Food Desert Zone, and (2) is used by a qualified food desert business in carrying on the trade or business referred to in section 101(b). (e) Application of Certain Rules.--For purposes of this section, rules similar to the rules of paragraphs (5) and (6) of section 1400N(a) of such Code shall apply. TITLE II--HUNGER-FREE COMMUNITIES GRANTS EXTENSION AND ENHANCEMENT SEC. 201. EXPANSION OF HUNGER-FREE COMMUNITIES PROGRAM. Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7017) is amended-- (1) in subsection (b)(1)(B) by inserting ``, except that for fiscal years 2010 through 2015 the Federal share shall be 100 percent of the cost of carrying out such activity in a Food Desert Zone (as specified in section 101(a) of the Food Desert Oasis Act of 2009)'' before the period at the end, and (2) in subsection (e) by striking ``2012'' and inserting ``2015''. TITLE III--REPORTS TO CONGRESS ON PILOT PROGRAM SEC. 301. REPORTS TO CONGRESS ON PILOT PROGRAM. (a) In General.--The Secretary of the Treasury, in consultation with such other Federal officials as the Secretary determines appropriate, shall annually submit a written report to Congress regarding the Food Desert Oasis Pilot Program established under title I. (b) Contents of Report.--Such report shall include-- (1) an analysis of any increases or decreases in the health of the residents of the Food Desert Zones, and (2) the effect of title I on the level of investment in the Food Desert Zones. (c) Timing of Reports.--The first report under subsection (a) shall be made not later than December 31, 2011 and shall cover the period ending on December 31, 2010. The last such report under subsection (a) shall be made not later than December 31, 2016 and shall cover the period ending on December 31, 2015.

Food Desert Oasis Act of 2009 - Designates certain U.S. cities as Food Desert Zones. Defines a "qualified food desert business" as a wholesale or retail business that derives at least 25% of its gross receipts from the sale of fresh fruits and vegetables. Grants certain tax benefits to a qualified food desert business, including an increased tax credit rate for rehabilitation expenditures, empowerment zone status, and tax-exempt bond financing. Amends the Food, Conservation, and Energy Act of 2008 to: (1) increase to 100% the federal share of costs associated with hunger-free communities program activities in a Food Desert Zone in FY2010-FY2015; and (2) extend the authorization of appropriations for such program through FY2015. Directs the Secretary of the Treasury to submit annual reports to Congress on the Food Desert Oasis Pilot Program under this Act.

To establish the Food Desert Oasis Pilot Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Kate's Law''. SEC. 2. ILLEGAL REENTRY. Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended to read as follows: ``reentry of removed alien ``Sec. 276. (a) Reentry After Removal.--Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty provided in subsection (a), if an alien described in that subsection was convicted before such removal or departure-- ``(1) for 3 or more misdemeanors or for a felony, the alien shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; ``(2) for a felony for which the alien was sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined under such title, imprisoned not more than 15 years, or both; ``(3) for a felony for which the alien was sentenced to a term of imprisonment of not less than 60 months, the alien shall be fined under such title, imprisoned not more than 20 years, or both; or ``(4) for murder, rape, kidnapping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, or for 3 or more felonies of any kind, the alien shall be fined under such title, imprisoned not more than 25 years, or both. ``(c) Reentry After Repeated Removal.--Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. ``(d) Proof of Prior Convictions.--The prior convictions described in subsection (b) are elements of the crimes described, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- ``(1) alleged in the indictment or information; and ``(2) proven beyond a reasonable doubt at trial or admitted by the defendant. ``(e) Affirmative Defenses.--It shall be an affirmative defense to a violation of this section that-- ``(1) prior to the alleged violation, the alien had sought and received the express consent of the Secretary of Homeland Security to reapply for admission into the United States; or ``(2) with respect to an alien previously denied admission and removed, the alien-- ``(A) was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act; and ``(B) had complied with all other laws and regulations governing the alien's admission into the United States. ``(f) Limitation on Collateral Attack on Underlying Removal Order.--In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order concerning the alien. ``(g) Reentry of Alien Removed Prior to Completion of Term of Imprisonment.--Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien's reentry. Such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law. ``(h) Definitions.--For purposes of this section and section 275, the following definitions shall apply: ``(1) Crosses the border to the united states.--The term `crosses the border' refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint. ``(2) Felony.--The term `felony' means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government. ``(3) Misdemeanor.--The term `misdemeanor' means any criminal offense punishable by a term of imprisonment of not more than 1 year under the applicable laws of the United States, any State, or a foreign government. ``(4) Removal.--The term `removal' includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal. ``(5) State.--The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''. Passed the House of Representatives June 29, 2017. Attest: KAREN L. HAAS, Clerk.

. Kate's Law (Sec. 2) This bill amends the Immigration and Nationality Act to revise provisions relating to the reentry of removed aliens. The bill provides that an alien who has been excluded, deported, removed, or denied admission, or who has departed the United States while under an outstanding order of exclusion, deportation, or removal, and who subsequently crosses or attempts to cross the border into the United States, shall be fined, imprisoned not more than two years, or both. ("Crosses the border" refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint.) The bill revises reentry of criminal offender provisions to provide that an alien who was convicted before such removal or departure of: three or more misdemeanors or for a felony shall be fined, imprisoned up to 10 years, or both; a felony for which the alien was sentenced to not less than 30 months in prison shall be fined, imprisoned up to 15 years, or both; a felony for which the alien was sentenced to not less than 60 months shall be fined, imprisoned up to 20 years, or both; or murder, rape, kidnapping, or a felony offense relating to peonage and slavery or terrorism, or of three or more felonies of any kind, shall be fined, imprisoned up to 25 years, or both. An alien who has been excluded, deported, removed, or denied admission three or more times and thereafter enters, attempts to enter, or crosses or attempts to cross the border to, or is at any time found in, the United States shall be fined, imprisoned not more than 10 years, or both. The bill states that it shall be an affirmative defense to a reentry violation (thus placing the burden of proof on the defendant) that: (1) prior to the alleged violation, the alien had received Department of Homeland Security (DHS) consent to reapply for U.S. admission; or (2) with respect to an alien previously denied admission and removed, the alien was not required to obtain such advance consent and had complied with all other applicable admissions laws and regulations. In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order. (Currently, the validity of a prior deportation order may be challenged under certain grounds.) A removed alien who enters, attempts to enter, or crosses or attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence that was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that DHS has consented to the alien's reentry.

Kate’s Law

SECTION 1. NO FEDERAL FUNDS FOR DRUGS WHEN PRESCRIBED FOR THE TREATMENT OF ERECTILE OR SEXUAL DYSFUNCTION. (a) Restriction.-- (1) In general.--Notwithstanding any other provision of law, no Federal funds may be expended for the payment or reimbursement, including payment or reimbursement under any Federal health care program, including the programs described in paragraph (2), of a drug when prescribed for the treatment of erectile or sexual dysfunction. (2) Programs described.-- (A) In general.--The programs described in this paragraph are the following: (i) The Medicare program under title XVIII of the Social Security Act. (ii) The Medicaid program under title XIX of the Social Security Act. (iii) The social services block grant program under title XX of the Social Security Act. (iv) The maternal and child health block grant program under title V of the Social Security Act. (v) The Public Health Service Act. (vi) Health related programs administered by the Indian Health Service and programs under the Indian Health care Improvement Act. (vii) The Federal employees health benefits program (FEHBP) under chapter 89 of title 5, United States Code. (viii) The military health programs under chapter 55 of title 10, United States Code. (ix) Medical care furnished by the Secretary of Veterans Affairs under chapter 17 of title 38, United States Code. (x) Health services for Peace Corps volunteers under section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)). (xi) Medical services for Federal prisoners under section 4005(a) of title 18, United States Code. (B) Federal health care program defined.--For purposes of this section, the term ``Federal health care program'' has the meaning given such term in section 1128B(f)(1) of the Social Security Act, 42 U.S.C. 1320a-7b(f)(1), disregarding the reference in such section to chapter 89 of title 5, United States Code. (C) Nonexclusive list.--Nothing in this paragraph shall be construed as limiting the application of paragraph (1) to the programs described in subparagraph (A). (b) Conforming Amendments for Specific Programs.-- (1) Medicare and medicaid programs.--(A) Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended by adding at the end the following new subparagraph: ``(K) Agents when prescribed for the treatment of erectile or sexual dysfunction.''. (B) Excluding federal funding for medicaid coverage for drugs when prescribed for the treatment of erectile or sexual dysfunction.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended by inserting after paragraph (8) the following new paragraph: ``(9) with respect to covered outpatient drugs when prescribed for the treatment of erectile or sexual dysfunction; or''. (2) FEHBP.--Section 8904 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(c) A plan may not provide benefits for drugs when prescribed for the treatment of erectile or sexual dysfunction.''. (3) Military health program.--Section 1074g of title 10, United States Code, is amended-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following new subsection: ``(g) Notwithstanding any other provision of this section, the pharmacy benefit program shall not include any benefits for drugs when prescribed for the treatment of erectile or sexual dysfunction.''. (4) Veterans' health.--Section 1707 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) Funds appropriated to carry out this chapter may not be used for the provision of drugs when prescribed for the treatment of erectile or sexual dysfunction.''. (5) IHS programs.--Section 225 of the Indian Health Care Improvement Act (25 U.S.C. 1621x) is amended-- (A) by inserting ``(a)'' before ``Amounts appropriated''; and (B) by adding at the end the following new subsection: ``(b) Funds appropriated to carry out this title may not be used for the provision of drugs when prescribed for the treatment of erectile or sexual dysfunction.''. (c) Effective Date.--This section shall apply to drugs dispensed after the date of enactment of this Act.

Prohibits the expenditure of federal funds for payment or reimbursement for a drug prescribed for the treatment of erectile or sexual dysfunction, including under any federal health care program (including Medicare, Medicaid, health-related programs administered by the Indian Health Service, the federal employees health benefits program, military health programs, medical care furnished by the Secretary of Veterans Affairs, and medical services for federal prisoners).

To provide that no Federal funds may be expended for the payment or reimbursement of drugs when prescribed for the treatment of erectile or sexual dysfunction.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Stornetta Outstanding Natural Area Act of 2010''. (b) Definitions.--In this Act: (1) Public lands.--The term ``public lands'' has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1703(e)). (2) Outstanding natural area.--The term ``Outstanding Natural Area'' means the Stornetta Outstanding Natural Area established under section 2. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Stornetta public lands.--The term ``Stornetta Public Lands'' means the lands designated as such on the map referred to in section 2(b). SEC. 2. DESIGNATION OF THE STORNETTA OUTSTANDING NATURAL AREA. (a) In General.--In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Stornetta Public Lands, in Mendocino County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Stornetta Outstanding Natural Area. (b) Map.--The Outstanding Natural Area shall consist of the lands generally depicted as the Stornetta Outstanding Natural Area on the map titled ``Stornetta Outstanding Natural Area'' and dated December 3, 2009. The map shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office of the Bureau of Land Management in the State of California. (c) Basis of Management.--The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable laws. (d) Withdrawal.--Subject to valid existing rights, the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. SEC. 3. MANAGEMENT OF THE STORNETTA OUTSTANDING NATURAL AREA. (a) In General.--The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, consistent with the requirements section of 2(c). (b) Uses.--Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in section 2(a). (c) Management Plan.--Not later than 3 years after funds are made available for this purpose, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in section 2(a). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and shall include-- (1) provisions designed to ensure the protection of the resources and values described in section 2(a); (2) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in subsection (a) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and (3) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding Natural Area. (d) Cooperative Agreements.--In order to better implement the management plan and to continue the successful partnerships with local communities, the California Coastal National Monument and Manchester State Park, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 (43 U.S.C. 1737(b)). (e) Research Activities.--In order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in section 2(a) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)). (f) Acquisition.--State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by-- (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller. (g) Additions to the Outstanding Natural Area.--Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Outstanding Natural Area. (h) Overflights.--Nothing in this Act or the management plan shall be construed to-- (1) restrict or preclude overflights, including low-level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area; (2) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or (3) modify regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary. (i) Law Enforcement Activities.--Nothing in this Act shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area. (j) Native American Uses and Interests.--In recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure reasonable access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of a federally recognized Indian tribe or Indian religious community, may temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the federally recognized Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996 et seq.; commonly referred to as the ``American Indian Religious Freedom Act''). (k) No Buffer Zones.--The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around the area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this Act can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area.

Stornetta Outstanding Natural Area Act of 2010 - Establishes the Stornetta Public Lands Outstanding Natural Area in Mendocino County, California, for the protection, conservation, and enhancement of the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Stornetta Public Lands, while allowing certain recreational and research activities to continue. Requires management of the Outstanding Natural Area as part of the National Landscape Conservation System for the protection of the resources of the Area. Allows only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976, and other applicable laws. Withdraws federal lands and interests included within the Outstanding Natural Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. Requires the Secretary of the Interior to complete a comprehensive management plan to provide long-term management guidance for public lands within the Outstanding Natural Area and to fulfill the purposes for which it is established. Authorizes the Secretary to enter into cooperative agreements with federal, state, and local agencies under the Federal Land Management Policy and Management Act involving the management, protection, development, and sale of public lands to better implement the management plan and to continue partnerships with local communities and the California Coastal National Monument and Manchester State Park. Allows the Secretary to authorize research activities within the Outstanding Natural Area for the purposes identified in this Act and pursuant to the Federal Land Policy and Management Act to conduct investigations, studies, and experiments on the Scretary's own initiative or, in cooperation with others, involving the management, protection, development, acquisition, and conveying of public lands. Permits the acquisition of adjacent state and privately held lands or interests and identified as appropriate for acquisition in the management plan only by donation, exchange with a willing party, or purchase from a willing seller. Specifies this Act's effect respecting: (1) military, commercial, and general aviation overflights; (2) law enforcement activities by the Coast Guard, the Department of Homeland Security (HHS), the Department of Justice (DOJ) and other federal, state, and local law enforcement agencies; and (3) protective perimeters and buffer zones. Ensures reasonable access to the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes. Permits temporary closures of one or more specific parts of the Outstanding Natural Area to the public to protect the privacy of traditional cultural and religious activities in those areas by a federally recognized Indian tribe or Indian religious community.

To designate the Stornetta Public Lands as an Outstanding Natural Area to be administered as a part of the National Landscape Conservation System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``EPA Regulatory Relief Act of 2011''. SEC. 2. LEGISLATIVE STAY. (a) Establishment of Standards.--In place of the rules specified in subsection (b), and notwithstanding the date by which such rules would otherwise be required to be promulgated, the Administrator of the Environmental Protection Agency (in this Act referred to as the ``Administrator'') shall-- (1) propose regulations for industrial, commercial, and institutional boilers and process heaters, and commercial and industrial solid waste incinerator units, subject to any of the rules specified in subsection (b)-- (A) establishing maximum achievable control technology standards, performance standards, and other requirements under sections 112 and 129, as applicable, of the Clean Air Act (42 U.S.C. 7412, 7429); and (B) identifying non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, process heaters, or incinerator units are solid waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the ``Resource Conservation and Recovery Act'') for purposes of determining the extent to which such combustion units are required to meet the emissions standards under section 112 of the Clean Air Act (42 U.S.C. 7412) or the emission standards under section 129 of such Act (42 U.S.C. 7429); and (2) finalize the regulations on the date that is 15 months after the date of the enactment of this Act, or on such later date as may be determined by the Administrator. (b) Stay of Earlier Rules.--The following rules are of no force or effect, shall be treated as though such rules had never taken effect, and shall be replaced as described in subsection (a): (1) ``National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters'', published at 76 Fed. Reg. 15608 (March 21, 2011). (2) ``National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers'', published at 76 Fed. Reg. 15554 (March 21, 2011). (3) ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'', published at 76 Fed. Reg. 15704 (March 21, 2011). (4) ``Identification of Non-Hazardous Secondary Materials That are Solid Waste'', published at 76 Fed. Reg. 15456 (March 21, 2011). (c) Inapplicability of Certain Provisions.--With respect to any standard required by subsection (a) to be promulgated in regulations under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions of subsections (g)(2) and (j) of such section 112 shall not apply prior to the effective date of the standard specified in such regulations. SEC. 3. COMPLIANCE DATES. (a) Establishment of Compliance Dates.--For each regulation promulgated pursuant to section 2, the Administrator-- (1) shall establish a date for compliance with standards and requirements under such regulation that is, notwithstanding any other provision of law, not earlier than 5 years after the effective date of the regulation; and (2) in proposing a date for such compliance, shall take into consideration-- (A) the costs of achieving emissions reductions; (B) any non-air quality health and environmental impact and energy requirements of the standards and requirements; (C) the feasibility of implementing the standards and requirements, including the time needed to-- (i) obtain necessary permit approvals; and (ii) procure, install, and test control equipment; (D) the availability of equipment, suppliers, and labor, given the requirements of the regulation and other proposed or finalized regulations of the Environmental Protection Agency; and (E) potential net employment impacts. (b) New Sources.--The date on which the Administrator proposes a regulation pursuant to section 2(a)(1) establishing an emission standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated as the date on which the Administrator first proposes such a regulation for purposes of applying the definition of a new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) or the definition of a new solid waste incineration unit under section 129(g)(2) of such Act (42 U.S.C. 7429(g)(2)). (c) Rule of Construction.--Nothing in this Act shall be construed to restrict or otherwise affect the provisions of paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)). SEC. 4. ENERGY RECOVERY AND CONSERVATION. (a) In General.--Notwithstanding any other provision of law, to ensure the recovery and conservation of energy consistent with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the ``Resource Conservation and Recovery Act of 1976''), in promulgating regulations under section 2(a) that address the subject matter of the regulations described in paragraphs (3) and (4) of section 2(b), the Administrator shall-- (1) adopt the definitions of the terms ``commercial and industrial solid waste incineration unit'', ``commercial and industrial waste'', and ``contained gaseous material'' contained in the regulation entitled ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units'' (65 Fed. Reg. 75338 (December 1, 2000)); and (2) identify nonhazardous secondary material as not to be solid waste for purposes of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) if-- (A) the material-- (i) does not meet the definition of commercial and industrial waste; and (ii) is on the list published by the Administrator under subsection (b); or (B) in the case of the material that is a gas, the material does not meet the definition of contained gaseous material. (b) List of Nonhazardous Secondary Materials.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Administrator shall publish a list of nonhazardous secondary materials that are not solid waste when combusted in units designed for energy recovery, including-- (A) without limitation, all forms of biomass, including-- (i) agricultural and forest-derived biomass; (ii) biomass crops, vines, and orchard trees; (iii) bagasse and other crop and tree residues, including-- (I) hulls and seeds; (II) spent grains; (III) byproducts of cotton; (IV) corn and peanut production; (V) rice milling and grain elevator operations; (VI) cellulosic biofuels; and (VII) byproducts of ethanol natural fermentation processes; (iv) hogged fuel, including wood pallets, sawdust, and wood pellets; (v) wood debris from forests and urban areas; (vi) resinated wood and other resinated biomass-derived residuals, including trim, sanderdust, offcuts, and woodworking residuals; (vii) creosote-treated, borate-treated, sap-stained, and other treated wood; (viii) residuals from wastewater treatment by the manufacturing industry, including process wastewater with significant British thermal unit (``Btu'') value; (ix) paper and paper or cardboard recycling residuals, including paper-derived fuel cubes, paper fines, and paper and cardboard rejects; (x) turpentine, turpentine derivatives, pine tar, rectified methanol, glycerine, lumber kiln condensates, and wood char; (xi) tall oil and related soaps; (xii) biogases or bioliquids generated from biomass materials, wastewater operations, or landfill operations; (xiii) processed biomass derived from construction and demolition debris for the purpose of fuel production; and (xiv) animal manure and bedding material; (B) solid and emulsified paraffin; (C) petroleum and chemical reaction and distillation byproducts and residues, alcohol, ink, and nonhalogenated solvents; (D) tire-derived fuel, including factory scrap tire and related material; (E) foundry sand processed in thermal reclamation units; (F) coal refuse and coal combustion residuals; (G) shredded cloth and carpet scrap; (H) latex paint water, organic printing dyes and inks, recovered paint solids, and nonmetallic paint sludges; (I) nonchlorinated plastics; (J) all used oil that qualifies as recycled oil under section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903); (K) process densified fuels that contain any of the materials described in this paragraph; and (L) any other specific or general categories of material that the Administrator determines the combustion of which is for use as a fuel pursuant to paragraph (2). (2) Additions to the list.-- (A) In general.--To provide greater regulatory certainty, the Administrator may, after public notice and opportunity to comment, add nonhazardous secondary materials to the list published under paragraph (1)-- (i) as the Administrator determines necessary; or (ii) based on a petition submitted by any person. (B) Response.--Not later than 120 days after receiving any petition under subparagraph (A)(ii), the Administrator shall respond to the petition. (C) Requirements.--In making a determination under this paragraph, the Administrator may decline to add a material to the list under paragraph (1) if the Administrator determines that regulation under section 112 of the Clean Air Act (42 U.S.C. 7412) would not reasonably protect public health with an ample margin of safety. SEC. 5. OTHER PROVISIONS. (a) Establishment of Standards Achievable in Practice.--In promulgating rules under section 2(a), the Administrator shall ensure that emissions standards for existing and new sources established under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions. (b) Regulatory Alternatives.--For each regulation promulgated pursuant to section 2(a), from among the range of regulatory alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et seq.) including work practice standards under section 112(h) of such Act (42 U.S.C. 7412(h)), the Administrator shall impose the least burdensome, consistent with the purposes of such Act and Executive Order 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).

EPA Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; (2) the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; (3) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; and (4) Identification of Non-Hazardous Secondary Materials That are Solid Waste. Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate within 15 months regulations for industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, heaters, or incinerator units, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish compliance dates for such standards and requirements after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts. Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category; and (2) impose the least burdensome regulatory alternative for each regulation promulgated. Requires the Administrator to publish a list of nonhazardous secondary materials that are not solid waste when combusted in units designed for energy recovery. Specifies material to be included in such list.

A bill to provide additional time for the Administrator of the Environmental Protection Agency to issue achievable standards for industrial, commercial, and institutional boilers, process heaters, and incinerators, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Review Sunshine Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act, the term-- (1) ``agency'' means an agency as defined under section 551(1) of title 5, United States Code, and section 552(f) of title 5, United States Code; (2) ``regulatory review'' means the evaluation, review, oversight, supervision, or coordination of agency rulemaking activity by a reviewing entity directed by the President or his designee to conduct such review on an ongoing basis; (3) ``reviewing entity'' means any agency, or other establishment in the executive branch of the Federal Government established by the President, which engages, in whole or in part in regulatory review; (4) ``review action'' means any action, including but not limited to a recommendation or direction, regarding an agency rulemaking activity taken by a reviewing entity; and (5) ``rulemaking activity'' means any activity involving a rulemaking as defined under section 551(5) of title 5, United States Code, and includes activity involving a schedule or plan for rulemaking, strategy statements, guidelines, policy manuals, grant and loan procedures, advance notices of proposed rulemaking, press releases and other documents announcing or implementing regulatory policy that affects the public. SEC. 3. DISCLOSURE BY A REVIEWING ENTITY. (a) Public Access.--A reviewing entity shall establish procedures, consistent with subsection (b), to provide public access to information concerning each agency rulemaking activity under its review. Such information shall include a copy of-- (1) all written communications, regardless of format, including drafts of all proposals and associated analyses, between the reviewing entity and the rulemaking agency; (2) all written communications, regardless of format, between the reviewing entity and any person not employed by the Federal Government relating to the substance of an agency rulemaking activity; (3) a record, including the date, participants, and substance, of all oral communications relating to the substance of an agency rulemaking activity, including meetings, between the reviewing entity and any person not employed by the Federal Government; (4) a written explanation as required by section 4(c) and the date of any significant review action; and (5) any notice of any extensions of review under section 6. (b) Procedures.--Information described under subsection (a) shall be made available to the public upon request-- (1) within 14 days of conclusion of review; (2) in a manner consistent with the requirements of section 552(a) of title 5, United States Code; and (3) for review, and copying, in a publicly accessible reading room during normal business hours. SEC. 4. DISCLOSURE TO A RULEMAKING AGENCY BY A REVIEWING ENTITY. (a) Written Communications.--A reviewing entity shall transmit to the rulemaking agency, on a timely basis, copies of any written communications between the reviewing entity and any person not employed by the Federal Government concerning the substance of a rulemaking activity of that agency. (b) Oral Communications.--A reviewing entity shall disclose to the rulemaking agency, on a timely basis, all oral communications, including meetings, between any person not employed by the Federal Government and the reviewing entity concerning the substance of a rulemaking activity of that agency. The reviewing entity shall-- (1) advise the rulemaking agency of the date, participants, and substance of such communications; and (2) invite the rulemaking agency head or designee to all scheduled meetings involving such communications. (c) Explanation of Significant Review Action.--A reviewing entity shall, in a timely manner, provide the rulemaking agency with a written explanation of any significant review action taken by the reviewing entity concerning an agency rulemaking activity. SEC. 5. PUBLIC DISCLOSURE BY A RULEMAKING AGENCY. (a) Status of Review.--A rulemaking agency shall upon request identify a rulemaking activity, the date upon which it was submitted to a reviewing entity for review, and any notice of any extensions of review under section 6. (b) Explanations.--For each proposed and final rule, a rulemaking agency shall explain in its rulemaking notice any significant changes made to such rule as a consequence of regulatory review. (c) Record.--A rulemaking agency shall place in the appropriate rulemaking record all of the documents received from a reviewing entity as required under section 4. SEC. 6. TIME LIMITS FOR REVIEW. (a) Time Limits.--Within 60 days after the receipt of a rulemaking activity submitted to a reviewing entity for review, the reviewing entity shall conclude review of the rulemaking activity. The reviewing entity may, for good cause explained to the rulemaking agency extend the time for review for 30 days. (b) Resolution of Outstanding Issues.--If the President, or such other person or entity as the President may designate, reviews for resolution an issue arising out of a regulatory review-- (1) the applicable time limits described under subsection (a) may be extended, although any such issue shall be resolved as promptly as practicable; and (2) any such review shall be subject to the requirements of this Act, except for section 6(a). (c) Extensions.--A reviewing entity shall notify the rulemaking agency of an extension beyond 60 days and provide public notice, pursuant to sections 3 and 7. The rulemaking agency shall promptly publish a notice of any such extension in the Federal Register, and shall give public notice pursuant to section 5. SEC. 7. PUBLIC ACCOUNTING OF REGULATORY REVIEW. (a) Publication of Accounting.--The Office of Management and Budget shall prepare and make available to the public a monthly and an annual accounting of regulatory review conducted by any and all reviewing entities. Such accounting shall include a list of all rulemaking activities submitted to a reviewing entity for review, under review by a reviewing entity, or for which a review action was taken by a reviewing entity during the reporting period. (b) Information Included in Accounting.--The monthly accounting required under subsection (a) shall be prepared and made available to the public within 10 working days of the end of each month and shall include the name and type of each rulemaking activity reviewed, the reviewing entity, the rulemaking agency, the date of submission, the status of review, notice of any extensions of review under section 6, any review action, the date of such action, and the authority for review. (c) Federal Register Publication.--Each rulemaking agency shall publish in the Federal Register within 10 working days of the end of each month a list of all rulemaking activities undergoing regulatory review during the preceding month. Such list shall include the name and type of each rulemaking activity, the reviewing entity, the date of submission, any review action taken during the reporting period, and the date of any such action. SEC. 8. EXCLUSIONS. Oral communications with the President, the Vice President, the Administrator of the Environmental Protection Agency, the Director of the Office of Management and Budget, and the heads of executive departments as defined under section 101 of title 5, United States Code, are not covered by this Act. SEC. 9. EFFECT OF ACT. (a) Authorization.--Nothing in this Act authorizes a reviewing entity to-- (1) review a rulemaking activity; or (2) direct an agency to make a decision with regard to a rulemaking activity unless specifically authorized by law. (b) Alterations.--Nothing in this Act alters in any manner-- (1) rulemaking authority vested by law in the head of an agency; (2) any legally mandated criteria for rulemaking; or (3) the application of any statutory or judicial deadline or the authority of an agency to undertake rulemaking activity in an emergency situation.

Regulatory Review Sunshine Act of 1993 - Requires executive branch regulatory review entities to establish procedures to provide public access to specified information concerning each agency rulemaking activity under review. Requires a review entity to transmit to the rulemaking agency: (1) copies of any written as well as all oral communications between the entity and any person not employed by the Federal Government concerning the substance of a rulemaking activity of that agency; and (2) written explanation of any significant review action it has taken concerning such an activity. Requires a rulemaking agency: (1) upon request to identify a rulemaking activity, the date it was submitted for review, and any notice of any extensions of review; and (2) explain in its rulemaking notice any significant changes to such rule as a consequence of regulatory review. Requires a review entity, within 60 days after the receipt of a rulemaking activity, to conclude its review of it. Provides that if the President reviews for resolution an issue arising out of a regulatory review, the review time limits may be extended, although any such issue shall be resolved as promptly as practicable, and such review shall be subject to the public disclosure and agency notice requirements of this Act. Requires a review entity to notify the rulemaking agency of an extension beyond 60 days and provide public notice, and the rulemaking agency to promptly publish a notice in the Federal Register. Requires the Office of Management and Budget to prepare and make public monthly and annual accountings of regulatory review by all reviewing entities. Requires each rulemaking agency to publish in the Federal Register a list of all rulemaking activities undergoing regulatory review during the preceding month. Excludes from coverage under this Act oral communications with the President, Vice President, Administrator of the Environmental Protection Agency, OMB Director, and executive department heads.

Regulatory Review Sunshine Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quarantining the Ayatollah's State- Sponsored Aggression and Militancy (QASSAM) Act''. TITLE I--IRAN'S REVOLUTIONARY GUARD CORPS WATCH LIST AND REPORT SEC. 101. FINDINGS. Congress finds the following: (1) Iran's Revolutionary Guard Corps (IRGC) threatens the national security of the United States and United States allies. (2) The IRGC provides direct sponsorship and support to numerous foreign terrorist organizations, including Hamas and Hezbollah, and maintains support for the Bashar al-Assad regime in Syria which is responsible for hundreds of thousands of deaths. (3) The United States holds the IRGC responsible for severe and continuing human rights violations against the Iranian people, including unlawful arrests, torture, and harassment. (4) The United States currently upholds sanctions against the IRGC for its support of terrorism and human rights abuses. (5) The Office of Foreign Assets Control of the Department of the Treasury currently includes the IRGC on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (in this section referred to as the ``SDN list''). (6) The Office of Foreign Assets Control of the Department of the Treasury includes on the SDN list entities in which the IRGC owns a 50 percent or greater interest. The inclusion of an entity on the SDN list results in the blocking of all assets and property of such entity. This regulation, commonly termed the ``50 percent rule'', is codified in section 561.405 of title 31, Code of Federal Regulations, and is the standard used by the Office of Foreign Assets Control when determining ownership of entities owned or controlled by blocked or sanctioned persons. (7) The IRGC maintains a powerful and expansive presence throughout Iran's financial, commercial, and oil sectors, owning, controlling, operating, and influencing Iranian entities while producing revenues estimated in the billions of dollars. According to the Department of the Treasury, ``The IRGC has a growing presence in Iran's financial and commercial sectors and extensive economic interests in the defense production, construction, and oil industries, controlling billions of dollars in corporate business.''. (8) The IRGC has continuously practiced sanctions evasion and deceptive business practices to conceal its ownership over Iranian entities, owning numerous Iranian entities which are not on the SDN list because IRGC ownership is below 50 percent, leaving such entities unsanctioned and open to business. (9) As sanctions are lifted and Iran becomes more open to international commerce, the international community must be aware of any and all entities that are IRGC-owned, -controlled, -operated, or influenced, including those entities that do not make the threshold to be included on the SDN list. SEC. 102. IMPOSITION OF SANCTIONS AGAINST ENTITIES OWNED IN WHOLE OR IN PART BY IRGC. (a) In General.--The President shall impose the sanctions described in subsection (b) against any entity with respect to which Iran's Revolutionary Guard Corps owns, directly or indirectly, a 20 percent or greater interest in the entity, regardless of whether the entity itself is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (b) Sanctions Described.-- (1) In general.--The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of an entity if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section. (c) Definitions.--In this section: (1) Person.--The term ``person'' means an individual or entity. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 103. IRGC WATCH LIST AND REPORT. (a) In General.--The Secretary of the Treasury shall establish, maintain, and publish in the Federal Register a list of each entity with respect to which Iran's Revolutionary Guard Corps-- (1) owns, directly or indirectly, any interest that is less than 20 percent in the entity; or (2) does not own any interest in the entity but maintains a presence on the board of directors of the entity or otherwise influences the actions, policies, or personnel decisions of the entity. (b) Report.--Not later than 90 days after the date of the enactment of the Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on any changes to the list required by subsection (a). (c) Reference.--The list required by subsection (a) shall be known as the ``IRGC Watch List''. SEC. 104. DEFINITIONS. Except as otherwise provided, in this title: (1) Entity.--The term ``entity'' means any corporation, business association, partnership, trust, society, or any other entity. (2) IRGC.--The term ``IRGC'' means Iran's Revolutionary Guard Corps. TITLE II--OTHER PROVISIONS SEC. 201. AUTHORITY OF STATES AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES THAT ENGAGE IN INVESTMENT OR BUSINESS ACTIVITIES WITH IRAN'S REVOLUTIONARY GUARD CORPS. (a) In General.--Subtitle B of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112-158; 126 Stat. 1247), is amended by adding at the end the following: ``SEC. 313. AUTHORITY OF STATES AND LOCAL GOVERNMENTS TO DIVEST FROM PERSONS THAT ENGAGE IN INVESTMENT OR BUSINESS ACTIVITIES WITH IRAN'S REVOLUTIONARY GUARD CORPS. ``(a) Sense of Congress.--It is the sense of Congress that the United States should support the decision of any State or local government that for moral, prudential, or reputational reasons divests from, or prohibits the investment of assets of the State or local government in, a person that engages in investment or business activities with Iran's Revolutionary Guard Corps or Iran's Revolutionary Guard Corps-related companies, as long as Iran's Revolutionary Guard Corps is subject to economic sanctions imposed by the United States. ``(b) Authority To Divest.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment or business activities with Iran's Revolutionary Guard Corps or Iran's Revolutionary Guard Corps-related companies described in subsection (c). ``(c) Investment or Business Activities Described.--A person engages in investment or business activities with Iran's Revolutionary Guard Corps or Iran's Revolutionary Guard Corps-related companies if the person-- ``(1) has a financial investment in Iran's Revolutionary Guard Corps or an Iran's Revolutionary Guard Corps-related company; ``(2) owns, in whole or in part, an Iran's Revolutionary Guard Corps-related company; or ``(3) is a financial institution that extends credit or financing to another person, for 45 days or more, if that person will use the credit or financing for investment in an Iran's Revolutionary Guard Corps-related company. ``(d) Requirements.--Any measure taken by a State or local government under subsection (b) shall meet the following requirements: ``(1) Notice.--The State or local government shall provide written notice to each person to which a measure is to be applied. ``(2) Timing.--The measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1). ``(3) Opportunity for hearing.--The State or local government shall provide an opportunity to comment in writing to each person to which a measure is to be applied. If the person demonstrates to the State or local government that the person does not engage in investment or business activities with Iran's Revolutionary Guard Corps or Iran's Revolutionary Guard Corps-related companies described in subsection (c), the measure shall not apply to the person. ``(4) Sense of congress on avoiding erroneous targeting.-- It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in business or investment activities with Iran's Revolutionary Guard Corps or Iran's Revolutionary Guard Corps-related companies described in subsection (c). ``(e) Notice to Department of Justice.--Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit written notice to the Attorney General describing the measure. ``(f) Nonpreemption.--A measure of a State or local government authorized under subsection (b) or (i) is not preempted by any Federal law or regulation. ``(g) Definitions.--In this section: ``(1) Assets.-- ``(A) In general.--Except as provided in subparagraph (B), the term `assets' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. ``(B) Exception.--The term `assets' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). ``(2) Investment.--The `investment' includes-- ``(A) a commitment or contribution of funds or property; ``(B) a loan or other extension of credit; and ``(C) the entry into or renewal of a contract for goods or services. ``(h) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2) or subsection (i), this section applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act. ``(2) Notice requirements.--Except as provided in subsection (i), subsections (d) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act. ``(i) Authorization for Prior Enacted Measures.-- ``(1) In general.--Notwithstanding any other provision of this section or any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d), except as provided in paragraph (2)) adopted by the State or local government before the date of this section that provides for the divestment of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in business or investment activities with Iran's Revolutionary Guard Corps or Iran's Revolutionary Guard Corps-related companies (determined without regard to subsection (c)) or other business or investment activities that are identified in the measure. ``(2) Application of notice requirements.--A measure described in paragraph (1) shall be subject to the requirements of paragraphs (1) and (2) and the first sentence of paragraph (3) of subsection (d) on and after the date that is 2 years after the date of the enactment of this Act. ``(j) Rule of Construction.--Nothing in this section or any other provision of law authorizing sanctions with respect to Iran shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (15 U.S.C. 1011 et seq.) (commonly known as the `McCarran-Ferguson Act').''. (b) Clerical Amendment.--The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by adding after the item relating to section 312 the following: ``Sec. 313. Authority of States and local governments to divest from certain companies that engage in investment or business activities with Iran's Revolutionary Guard Corps.''. TITLE III--TERMINATION SEC. 301. TERMINATION. This Act and the amendments made by this Act shall terminate on the date that is 30 days after the date on which the President makes the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

Quarantining the Ayatollah's State-Sponsored Aggression and Militancy (QASSAM) Act This bill directs the President to block all property and property interest transactions of an entity that is U.S-located or controlled by a U.S. person if it is at least 20% owned by Iran's Revolutionary Guard Corps (IRGC), regardless of whether the entity itself is included on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury Office of Foreign Assets Control. Treasury shall establish and publish in the Federal Register a list of each entity with respect to which the IRGC: owns any interest that is less than 20%; or does not own any interest but maintains a presence on the board of directors or otherwise influences the entity's actions, policies, or personnel decisions. The Iran Threat Reduction and Syria Human Rights Act of 2012 is amended to express the sense of Congress that the United States should support any state or local government that for moral, prudential, or reputational reasons divests from, or prohibits the investment of its assets in, any person that engages in investment or business activities with the IRGC or IRGC-related companies, as long as the IRGC is subject to U.S. economic sanctions. A state or local government may adopt and enforce specified divestment or investment prohibition measures. It is the sense of Congress that a state or local government should not adopt such a measure against a person unless it has made every effort to avoid erroneously targeting such person.

Quarantining the Ayatollah's State-Sponsored Aggression and Militancy (QASSAM) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pledge Language is English Declaration and Government Endorsement Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) One of the fundamental strengths of the United States is a shared commitment to certain principles of democracy, freedom, and national unity, and this commitment is reinforced periodically by certain officially recognized rituals and practices, including the recitation of the Pledge of Allegiance and the singing of the national anthem. One purpose of these officially recognized rituals is national unity. That goal is expressed in the Pledge of Allegiance as ``one nation under God, indivisible'' in section 4 of title 4, United States Code. (2) The recitation of the Pledge of Allegiance is one of these officially recognized national unity rituals. Congress recognized the Pledge of Allegiance in law in 1942 in section 4 of title 4, United States Code, and Federal law prescribes certain methods for reciting and recognizing the Pledge of Allegiance in English. (3) Another officially recognized national unity ritual is the recitation or singing of the national anthem. Inspired by the sight of the American flag still waving at Fort McHenry after 25 hours of continual bombardment by British forces, Francis Scott Key wrote the words of the Star-Spangled Banner in English in 1814. In 1931, Congress declared that the Star- Spangled Banner is the national anthem of the United States in section 301 of title 36, United States Code. (4) The vast majority of Americans are immigrants or the descendants of immigrants, respectful of their ancestral home, but also proud to be American. According to sections 1423 and 1448 of title 8, United States Code, to become citizens of the United States, lawful permanent residents of the United States must, among other requirements, renounce allegiance to the government of their country of origin, swear allegiance to the laws and Constitution of the United States, and demonstrate an understanding of the English language. (5) Millions of Americans speak or study languages other than English, but English is the common language of the United States. The people of the United States are united, not by race, ancestry, or origin, but by a common language--English-- and by a common belief and allegiance to democratic principles prescribed by the founding documents of the Nation. (6) The Government may, from time to time, take steps to reinforce national unity, including using its funding to promote national unity. The Government may also take steps to limit the use of its resources for purposes that may be seen as undercutting national unity or misrepresenting its support for those rituals that it believes are essential to promoting national unity. (b) Purpose.--It is the purpose of this Act to protect and to preserve national unity by restricting Federal funds from being used to undercut national unity. In particular, this Act withholds Federal funds from schools that permit or require the recitation of the Pledge of Allegiance or the national anthem in a language other than English. SEC. 3. PROHIBITION, ENFORCEMENT, AND PRIVATE RIGHT OF ACTION. (a) Prohibition.-- (1) In general.--No State educational agency or local educational agency may have a policy or practice that requires or permits the Pledge of Allegiance (as defined in section 4 of title 4, United States Code), or the national anthem (as defined in section 301 of title 36, United States Code) to be recited or sung in any language other than English in any elementary school or secondary school under its jurisdiction. (2) Exception to prohibition.--The prohibition in paragraph (1) shall not apply to the authorized meetings, events, or unofficial activities held by individuals or organizations that are not affiliated with, or sponsored by, a State educational agency or local educational agency, unless such individuals or organizations reasonably give an impression to an objective observer that a State educational agency or a local educational agency has required the recitation or singing of the Pledge of Allegiance or the national anthem in any language other than English at such authorized meetings, events, or unofficial activities. (b) Enforcement by the Secretary of Education.-- (1) In general.--If, after notice and a reasonable opportunity to respond, the Secretary of Education finds that a State educational agency or local educational agency has violated subsection (a)-- (A) no Federal funds appropriated by Congress for the next fiscal year after such finding may be provided by grant or contract to such State educational agency or local educational agency; and (B) the Secretary shall-- (i) submit a report, entitled ``Report to Congress of State Educational Agencies or Local Educational Agencies that have Violated Protection for Pledge of Allegiance or Star Spangled Banner'', of such finding to each House of Congress; and (ii) publish in the Federal Register a list of each State educational agency and local educational agency that is subject to the withholding of Federal funds under paragraph (1). (2) Exception to withholding of federal funds.-- (A) In general.--A State educational agency or local educational agency that the Secretary has found under paragraph (1) of this subsection to have violated subsection (a) shall not be subject to a withholding of funds under such paragraph if such funds are contained in an appropriation enacted after the date of the Secretary's finding and such funds are appropriated specifically for such State educational agency or local educational agency. (B) Notation requirement.--The appropriation in subparagraph (A) shall contain a notation of the date on which the report relating to such State educational agency or local educational agency was submitted under paragraph (1)(B)(i) and the page number of the Federal Register on which such State educational agency or local educational agency was listed under paragraph (1)(B)(ii). (c) Private Right of Action.--A person injured by a violation of section (a) may obtain appropriate relief, including a declaratory judgment under chapter 151 of title 28, United States Code, in a civil action. SEC. 4. DEFINITIONS. In this Act, the following terms apply: (1) Elementary school.--The term ``elementary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secondary school.--The term ``secondary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) State educational agency.--The term ``State education agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Pledge Language is English Declaration and Government Endorsement Act of 2008 - Prohibits state or local educational agencies from requiring or permitting the Pledge of Allegiance or national anthem to be recited or sung in any language other than English in any elementary or secondary school under their jurisdiction. Withholds federal funds from state or local educational agencies that violate such prohibition, unless the funds are specifically appropriated to such agencies after they have been found to be violating the prohibition. Establishes a private right of action for persons injured by violations of such prohibition.

To withhold Federal funds from schools that permit or require the recitation of the Pledge of Allegiance or the national anthem in a language other than English.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Travel Act of 1995''. SEC. 2. TRAVEL TO FOREIGN COUNTRIES. (a) Freedom of Travel for United States Citizens and Legal Residents.--The President shall not restrict travel abroad by United States citizens or legal residents, except to countries with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or the physical safety of United States travelers. (b) International Emergency Economic Powers Act.--Section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended-- (1) by striking ``or'' at the end of paragraphs (2) and (3); and (2) by amending paragraph (4) to read as follows: ``(4) any of the following transactions incident to travel by individuals who are citizens or residents of the United States: ``(A) any transactions ordinarily incident to travel to or from any country, including the importation into a country or the United States of accompanied baggage for personal use only; ``(B) any transactions ordinarily incident to travel or maintenance within any country, including the payment of living expenses and the acquisition of goods or services for personal use; ``(C) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within a country; ``(D) any transactions incident to nonscheduled air, sea, or land voyages, except that this subparagraph does not authorize the carriage of articles into a country except accompanied baggage; and ``(E) normal banking transactions incident to the activities described in the preceding provisions of this paragraph, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments; except that this paragraph does not authorize the importation into the United States of any goods for personal consumption acquired in another country other than those items described in paragraphs (1) and (3); or''. (c) Amendments to Trading With the Enemy Act.--Section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the following new paragraph: ``(5) The authority granted by the President in this section does not include the authority to regulate or prohibit, directly or indirectly, any of the following transactions incident to travel by individuals who are citizens or residents of the United States: ``(A) Any transactions ordinarily incident to travel to or from any country, including importation into a country or the United States of accompanied baggage for personal use only. ``(B) Any transactions ordinarily incident to travel or maintenance within any country, including the payment of living expenses and the acquisition of goods or services for personal use. ``(C) Any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within a country. ``(D) Any transactions incident to nonscheduled air, sea, or land voyages, except that this subparagraph does not authorize the carriage of articles into a country except accompanied baggage. ``(E) Normal banking transactions incident to the activities described in the preceding provisions of this paragraph, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, negotiable instruments, or similar instruments. This paragraph does not authorize the importation into the United States of any goods for personal consumption acquired in another country other than those items described in paragraph (4).''. SEC. 3. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES AND EXCHANGES. (a) International Emergency Economic Powers Act.--Section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is amended by adding after paragraph (4) the following new paragraph: ``(5) financial or other transactions, or travel, incident to-- ``(A) activities of scholars; ``(B) other educational or academic activities; ``(C) exchanges in furtherance of any such activities; ``(D) cultural activities and exchanges; or ``(E) public exhibitions or performances by the nationals of one country in another country, to the extent that any such activities, exchanges, exhibitions, or performances are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and to the extent that, with respect to such activities, exchanges, exhibitions, or performances, no acts are prohibited by chapter 37 of title 18, United States Code.''. (b) Trading With the Enemy Act.--Section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the following new paragraph: ``(6) The authority granted to the President in this subsection does not include the authority to regulate or prohibit, directly or indirectly, financial or other transactions, or travel, incident to-- ``(A) activities of scholars; ``(B) other educational or academic activities; ``(C) exchanges in furtherance of any such activities; ``(D) cultural activities and exchanges; or ``(E) public exhibitions or performances by the nationals of one country in another country, to the extent that any such activities, exchanges, exhibitions, or performances are not otherwise controlled for export under section 5 of the Export Administration Act of 1979 and to the extent that, with respect to such activities, exchanges, exhibitions, or performances, no acts are prohibited by chapter 37 of title 18, United States Code.''. SEC. 4. FOREIGN ASSISTANCE ACT OF 1961. Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is amended by adding at the end thereof the following: ``(3) Notwithstanding paragraph (1), the authority granted to the President in such paragraph does not include the authority to regulate or prohibit, directly or indirectly, any activities or transactions which may not be regulated or prohibited under paragraph (5) or (6) of section 5(b) of the Trading With the Enemy Act.''. SEC. 5. APPLICABILITY. (a) International Economic Emergency Powers Act.--The amendments made by sections 2(a) and 3(a) apply to actions taken by the President under section 203 of the International Emergency Economic Powers Act before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken under such section on or after such date. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act, do not include the authority to regulate or prohibit, directly or indirectly, any activity which under section 5(b)(5) or (6) of the Trading With the Enemy Act (as added by this Act) may not be regulated or prohibited.

Freedom to Travel Act of 1995 - Prohibits the President from restricting U.S. citizens or legal residents from traveling abroad, except to countries with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or physical safety of U.S. travelers. Revises the areas which the President is expressly denied authority to regulate or prohibit under the International Emergency Economic Powers Act. Adds to such areas specifically excluded from Presidential regulatory authority: (1) normal banking transactions incident to specified travel activities, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments; and (2) financial or other transactions, or travel, incident to activities of scholars, educational or academic activities, exchanges, cultural activities, and public exhibitions or performances by the nationals of one country in another country, with exceptions. Adds similar provisions restricting presidential authority to regulate or prohibit transactions incident to travel by U.S. citizens or residents under the Trading With the Enemy Act. Amends the Foreign Assistance Act of 1961 to state the Presidential authority under such Act does not include authority to regulate activities which may not be regulated under specified provisions of the Trading With the Enemy Act.

Freedom to Travel Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Self-Defense Protection Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 17, 1998, the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, meeting in Rome, Italy, adopted the ``Rome Statute of the International Criminal Court''. The vote on whether to proceed with the statute was 120 in favor to 7 against, with 21 countries abstaining. The United States voted against final adoption of the Rome Statute. (2) During testimony before the Congress following the adoption of the Rome Statute, the lead United States negotiator, Ambassador David Scheffer, stated that the United States could not sign the Rome Statute because certain critical negotiating objectives of the United States had not been achieved. As a result, he stated: ``We are left with consequences that do not serve the cause of international justice.''. (3) Ambassador Scheffer went on to tell the Congress that: ``Multinational peacekeeping forces operating in a country that has joined the treaty can be exposed to the Court's jurisdiction even if the country of the individual peacekeeper has not joined the treaty. Thus, the treaty purports to establish an arrangement whereby United States Armed Forces operating overseas could be conceivably prosecuted by the international court even if the United States has not agreed to be bound by the treaty. Not only is this contrary to the most fundamental principles of treaty law, it could inhibit the ability of the United States to use its military to meet alliance obligations and participate in multinational operations, including humanitarian interventions to save civilian lives. Other contributors to peacekeeping operations will be similarly exposed.''. (4) Notwithstanding these concerns, President Clinton directed that the United States sign the Rome Statute on December 31, 2000. In a statement issued that day, he stated that in view of the unremedied deficiencies of the Rome Statute, ``I will not, and do not recommend that my successor submit the Treaty to the Senate for advice and consent until our fundamental concerns are satisfied.''. (5) In a 2002 letter to the Secretary-General of the United Nations, Under Secretary of State John Bolton stated that ``. . . in connection with the Rome Statute of the International Criminal Court . . . the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31, 2000.''. (6) On July 1, 2002, the Rome Statute entered into force, and the International Criminal Court was enacted. (7) Any American prosecuted by the International Criminal Court will, under the Rome Statute, be denied procedural protections to which all Americans are entitled under the Bill of Rights to the United States Constitution, such as the right to trial by jury. (8) Members of the Armed Forces should be free from the risk of prosecution by the International Criminal Court, especially when they are stationed or deployed around the world to protect the vital national interests of the United States. The United States Government has an obligation to protect the members of its Armed Forces, to the maximum extent possible, against criminal prosecutions carried out by the International Criminal Court. (9) In addition to exposing members of the Armed Forces to the risk of international criminal prosecution, the Rome Statute creates a risk that the President and other senior elected and appointed officials of the United States Government may be prosecuted by the International Criminal Court for national security decisions involving such matters as responding to acts of terrorism, preventing the proliferation of weapons of mass destruction, and deterring aggression, particularly if the International Criminal Court Assembly of States Parties agrees on a definition of the Crime of Aggression over United States objections. (10) No less than members of the Armed Forces, senior officials of the United States Government should be free from the risk of prosecution by the International Criminal Court, especially with respect to official actions taken by them to protect the national interests of the United States. (11) Efforts to subject senior United States officials and members of the Armed Forces to criminal prosecution for official actions taken by them to protect the national interests of the United States could undermine the security of the United States and the right and ability of the United States and other democracies to defend themselves. (12) Any agreement on a definition of the Crime of Aggression that usurps the prerogative of the United Nations Security Council under article 39 of the charter of the United Nations to ``determine the existence of any . . . act of aggression'' would contravene the charter of the United Nations and undermine deterrence. (13) In a letter dated November 29, 2000, a bipartisan group of twelve former senior United States Government officials expressed concern regarding the ``threat to American sovereignty and international freedom of action posed by the International Criminal Court (ICC)''. The signatories were the following: (A) Lawrence Eagleburger, former Secretary of State. (B) Brent Scowcroft, former National Security Advisor. (C) Caspar Weinberger, former Secretary of Defense. (D) Zbigniew Brzezinski, former National Security Advisor. (E) James Woolsey, former Director of Central Intelligence. (F) Jeane Kirkpatrick, former Permanent Representative of the United States to the United Nations. (G) Henry Kissinger, former Secretary of State. (H) Donald Rumsfeld, former Secretary of Defense. (I) Richard V. Allen, former National Security Advisor. (J) George Shultz, former Secretary of State. (K) James A. Baker, III, former Secretary of State. (L) Robert M. Gates, former Director of Central Intelligence, and present Secretary of Defense. (14) In their November 29, 2000, letter, the twelve bipartisan signatories added that ``any Americans prosecuted by the ICC will be denied basic constitutional rights guaranteed them under our Bill of Rights''. (15) In their November 29, 2000, letter, the twelve bipartisan signatories further added that ``Naturally we think it is essential that our nation's military personnel be safely beyond the reach of an unaccountable international prosecutor operating under procedures inconsistent with our Constitution. War crimes and other human rights violations have long been subject to criminal penalties under United States law, and the United States has a far better record of enforcing its laws against human rights violations than some of the countries that support the ICC.''. (16) In their November 29, 2000, letter, the twelve bipartisan signatories further added that ``we think it equally important that the President, cabinet officers, and other national security decision-makers not have to fear international criminal prosecution as they go about their work. The risk of international criminal prosecution will certainly chill decision-making within our government, and could limit the willingness of our national leadership to respond forcefully to acts of terrorism, aggression, and other threats to American interests. Indeed, we believe that American leadership in the world could be the first casualty of the ICC.''. (17) The United States has entered into bilateral agreements with over 100 countries pursuant to article 98 of the Rome Statute preventing the International Criminal Court from proceeding against United States personnel present in those countries. (18) On August 2, 2002, the American Servicemembers' Protection Act of 2002 was signed into law as title II of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (Public Law 107-206). (19) Among other things, the American Servicemembers' Protection Act of 2002 prohibits United States cooperation with the International Criminal Court and specifies restrictions on-- (A) participation by covered United States persons in United Nations (UN) peacekeeping and peace enforcement operations; and (B) transfer to the International Criminal Court of United States classified national security and law enforcement information. (20) Secretary of State Hillary Rodham Clinton stated on August 6, 2009, that ``[It] is a great regret that we are not a signatory'' of the Rome Statute of the International Criminal Court. (21) Ambassador Susan Rice, Permanent Representative of the United States to the United Nations, stated at a meeting of the United Nations Security Council on January 29, 2009, that the International Criminal Court ``looks to become an important and credible instrument''. She further stated on August 12, 2009, that ``We have changed course. . . . We no longer oppose mentions of . . . the International Criminal Court''. (22) In November of 2009, the United States for the first time sent an observer delegation to the Assembly of States Parties of the International Criminal Court. (23) Stephen J. Rapp, Ambassador-at-Large for War Crimes Issues, has expressed the willingness of the United States to participate in the Review Conference of the Rome Statute of the International Criminal Court, which is scheduled to be held from May 31 to June 11, 2010, in Kampala, Uganda. (24) Ambassador Rapp has stated that the United States ``will return to engagement at the ICC''. (25) On December 1, 2009, the President announced his determination ``that it is in our vital national interest to send an additional 30,000 United States troops to Afghanistan'' in his ``Address to the Nation on the Way Forward in Afghanistan and Pakistan'', delivered at the United States Military Academy at West Point, New York. (26) During their testimony before the Committee on Foreign Affairs of the United States House of Representatives on December 10, 2009, General Karl W. Eikenberry (retired), United States Ambassador to Afghanistan, and General Stanley A. McChrystal, Commander, International Security Assistance Force and Commander, United States Forces Afghanistan, were both asked, ``Are you on record as saying that you are absolutely opposed, under any circumstances, to men and women in uniform being arrested anywhere in the world and tried before the ICC court as a result of their actions in either Iraq or Afghanistan?''. They both responded in the affirmative. (27) The Prosecutor of the International Criminal Court, Luis Moreno-Ocampo, has reportedly stated that he considers all soldiers operating on the territory of Afghanistan--even those from nations who have not ratified the Rome Statute--to fall under the jurisdiction of the International Criminal Court, and that he is conducting a ``preliminary investigation'' into whether NATO troops, including American soldiers, have committed ``war crimes''. (28) Those seeking to prevent the democratic, Jewish State of Israel from defending itself from violent militant groups and their state sponsors have frequently attempted to use the International Criminal Court in furtherance of this objective. (29) From December 2008 to January of 2009, in response to thousands of rocket and mortar attacks spanning eight years from Hamas and other violent militant groups in the Gaza Strip, Israel conducted Operation Cast Lead in order to defend its citizens from such attacks. (30) The Prosecutor of the International Criminal Court, Luis Moreno-Ocampo, has reportedly stated that he is considering a request by the Palestinian Authority to exercise jurisdiction over the West Bank and Gaza in order to investigate Israel's defensive Operation Cast Lead. (31) On September 15, 2009, pursuant to a one-sided, anti- Israel mandate from the notoriously biased United Nations Human Rights Council, the ``United Nations Fact Finding Mission on the Gaza Conflict'' released its report (known as the ``Goldstone Report''), which-- (A) repeatedly made sweeping and unsubstantiated determinations that the Israeli military had deliberately attacked civilians during Operation Cast Lead; (B) in effect denied the State of Israel the right to self-defense; (C) never noted the fact that Israel had the right to defend its citizens from the repeated violent attacks committed against civilian targets in southern Israel by Hamas and other Foreign Terrorist Organizations operating from Gaza; (D) largely ignored the culpability of the Government of Iran and the Government of Syria, both of whom sponsor Hamas and other violent militant groups; and (E) recommended that the report be referred for further action to the Prosecutor of the International Criminal Court. (32) On November 3, 2009, the United States House of Representatives adopted House Resolution 867, which ``consider[ed] the'' Report of the United Nations Fact Finding Mission on the Gaza Conflict ``[the] Goldstone Report to be irredeemably biased and unworthy of further consideration or legitimacy'' and ``reaffirm[ed] its support for the democratic, Jewish State of Israel, for Israel's security and right to self-defense, and, specifically, for Israel's right to defend its citizens from violent militant groups and their state sponsors''. (33) As a non-party to the Rome Statute, the United States is not bound by its terms, and does not recognize any claimed jurisdiction of the International Criminal Court over United States nationals. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should not ratify the Rome Statute of the International Criminal Court; (2) the President should not submit for ratification the Rome Statute of the International Criminal Court; (3) the President and the Secretary of State should not undertake further actions that could legitimize the International Criminal Court; (4) the President and the Secretary of State should lead a high-level diplomatic effort to encourage additional countries to enter into agreements with the United States, pursuant to article 98 of the Rome Statute, preventing the International Criminal Court from proceeding against United States personnel present in such countries, and to strengthen existing article 98 agreements; (5) the President and the Secretary of State should lead a high-level diplomatic effort to defend the right to self- defense of the United States and other democracies, including the United States indispensable ally Israel, against efforts such as the Goldstone Report that seek to deny democracies that very right via entities like the International Criminal Court; and (6) the President and the Secretary of State should explore credible, alternative forums to combat impunity for war crimes and other atrocities, while respecting the sovereignty and right to self-defense of democracies with robust, autonomous, and effective judicial systems. SEC. 4. PROHIBITION ON USE OF FUNDS FOR PARTICIPATION IN THE INTERNATIONAL CRIMINAL COURT. (a) In General.--Notwithstanding any other provision of law, no funds made available to any department, agency, or entity of the United States Government or to any State or local government, including any court, may be used for United States participation in the International Criminal Court or its attendant activities, including any review conference or meeting of the Assembly of States Parties. (b) Rule of Construction.--The prohibition under subsection (a) shall be construed to strengthen and supplement, not to weaken or supplant, the prohibitions stated in section 2004 of the American Servicemembers' Protection Act of 2002 (title II of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (Public Law 107-206)). SEC. 5. DEFINITIONS. In this Act: (1) International criminal court.--The term ``International Criminal Court'' means the court established by the Rome Statute. (2) Rome statute.--The term ``Rome Statute'' means the Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998.

American Self-Defense Protection Act of 2010 - Expresses the sense of Congress that: (1) the United States should not ratify, nor should the President submit for ratification, the Rome Statute of the International Criminal Court (ICC); (2) the President and the Secretary of State should not undertake actions that could legitimize the ICC; (3) the President and the Secretary should lead a diplomatic effort to encourage additional countries to enter into agreements with the United States preventing the ICC from proceeding against U.S. personnel present in such countries; (4) the President and the Secretary should lead a diplomatic effort to defend the right to self-defense of the United States and other democracies, including Israel, against efforts such as the Goldstone Report that seek to deny democracies that very right via entities like the ICC; and (5) the President and the Secretary should explore alternative forums to combat impunity for war crimes and other atrocities while respecting the sovereignty and right to self-defense of democracies. Prohibits funds made available to any U.S. government, state, or local department, agency, or entity, including any court, from being used for U.S. participation in the ICC or its attendant activities, including any review conference or meeting of the Assembly of States Parties.

To safeguard the sovereignty and right to self-defense of the United States and its allies, to prohibit United States participation in the International Criminal Court, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Acquisition Impact Relief Act of 1993. SEC. 2. FINDINGS. Congress finds that-- (1) land that is held by agencies of the Federal Government does not fully contribute to the tax base of overburdened units of local government; (2) further acquisitions of private lands by Federal agencies have the potential to impose severe hardships on units of local government; and (3) when it is clearly in the national interest for the Federal Government to acquire private lands, other than by a contemporaneous exchange involving Federal land, Federal agencies should minimize the impact of Federal acquisition on units of local government. SEC. 3. DECLARATION OF POLICY. It is the policy of Congress that-- (1) Federal agencies should not acquire private land, other than by exchange, unless the acquisition is clearly in the national interest; (2) the acquisition of private land by a Federal agency should be based on a careful analysis of the full range of the benefits and costs of Federal acquisition; and (3) the acquisition of private land by a Federal agency should not result in a net loss of local tax revenues to the relevant unit of local government. SEC. 4. DEFINITIONS. As used in this Act: (1) Agency.--The term ``agency'' has the same meaning as is provided for ``Executive agency'' in section 105 of title 5, United States Code. (2) Unit of local government.--The term ``unit of local government'' means-- (A) any county, municipality, or other political subdivision of a State, having authority under the laws of the State to levy and collect taxes upon real property; or (B) the District of Columbia. (3) Real property taxes.--The term ``real property taxes'' means all taxes, whether ad valorem or otherwise, applicable with respect to real property, including special assessments, assessments for benefit, or other charges of general application against land in favor of a State or local governmental unit. (4) State.--The term ``State'' means any of the several States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory and possession of the United States. SEC. 5. ECONOMIC IMPACT ANALYSIS. (a) In General.--Prior to each acquisition of private land by an agency, the head of the agency shall prepare an economic impact analysis in accordance with this section. (b) Contents.--In preparing the economic impact analysis, the head of the agency shall, at a minimum, analyze-- (1) the extent to which alternative means to Federal acquisition are available to serve the Federal resource management objectives at issue; (2) any tax payment loss to the relevant unit of local government; (3) the effects of the tax payment loss on the delivery of governmental services by the unit; (4) the effects on local employment and income; and (5) any potential limitations that the Federal acquisition would pose for future community expansion. (c) Consultation.--The agency shall consult with the relevant unit of local government during the preparation of the economic impact analysis. (d) Notice and Comment.--The agency shall provide an opportunity for notice and comment in connection with the preparation of the economic impact analysis. SEC. 6. TAX EQUIVALENCY PAYMENTS. (a) In General.-- (1) In general.--For each parcel of private land acquired by an agency after October 1, 1992, other than by contemporaneous land exchange, the head of the agency shall pay annually to the unit of local government in which the parcel is located an amount equal to the real property taxes computed on the current market value of the parcel, as determined in accordance with paragraph (2). (2) Current market value.-- (A) Initial value.--The initial current market value of a parcel shall be equal to the purchase price per acre multiplied by the number of acres acquired by the Federal Government. (B) Adjustments.--The unit of local government may adjust the current market value of a parcel to reflect adjustments in the current market value of other lands within the jurisdiction. (3) Special formulas.--In computing a tax equivalency payment under this subsection, special farm or forest use formulas, which may vary from State to State, shall not be applied to the value of the parcel. (b) Failure to Pay.--If for any reason the head of an agency fails to make a payment required under subsection (a), the unit of local government may file a civil action against the agency, and a district court of the United States shall have jurisdiction to enforce this section. SEC. 7. EFFECT OF OTHER LAWS. If for any fiscal year a payment described in section 6(a) is made to a State or unit of local government with respect to a parcel of land described in section 6(a)(1), such payment shall be reduced in proportion to the payment in lieu of real property taxes, if any, which is made with respect to the same parcel of land under any other Federal law. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. In each fiscal year, there are authorized to be appropriated to each agency such sums as are necessary to carry out this Act. SEC. 9. EFFECTIVE DATE. This Act shall become effective on October 1, 1994.

Federal Land Acquisition Impact Relief Act of 1993 - Requires the head of an agency to prepare an economic impact analysis prior to each agency acquisition of private land. Directs the agency head to pay annually to the pertinent local government an amount equal to the real property taxes computed on the current market value of each parcel of private land acquired by it after October 1, 1992, other than by contemporaneous land exchange. States that if such payment is made to a State or local government with respect to a parcel of land under this Act, the payment shall be reduced in proportion to the payment in lieu of real property taxes, if any, which is made relating to the same parcel of land under any other Federal law. Authorizes appropriations.

Federal Land Acquisition Impact Relief Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Access to Capital for Entrepreneurial Leaders Act'' or the ``EXCEL Act''. SEC. 2. PROGRAM AUTHORIZATION. Section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended, in the matter preceding paragraph (1), in the first sentence, by inserting after ``issued by such companies'' the following: ``, in a total amount that does not exceed $4,000,000,000 each fiscal year (adjusted annually to reflect increases in the Consumer Price Index established by the Bureau of Labor Statistics of the Department of Labor)''. SEC. 3. FAMILY OF FUNDS. Section 303(b)(2)(B) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking ``$225,000,000'' and inserting ``$350,000,000''. SEC. 4. ADJUSTMENT FOR INFLATION. Section 303(b)(2) is amended by adding at the end the following: ``(E) Adjustments.-- ``(i) In general.--The dollar amounts in subparagraph (A)(ii), subparagraph (B), and subparagraph (C)(ii)(I) shall be adjusted annually to reflect increases in the Consumer Price Index established by the Bureau of Labor Statistics of the Department of Labor (in this subparagraph referred to as the `CPI'). ``(ii) Applicability.--The adjustments required by clause (i)-- ``(I) with respect to dollar amounts in subparagraphs (A)(ii) and (C)(ii)(I) shall initially reflect increases in the CPI during the period beginning on the effective date of section 505 of the American Recovery and Reinvestment Act of 2009 (123 Stat. 156) through the date of enactment of this subparagraph and annually thereafter; ``(II) with respect to dollar amounts in subparagraph (B) shall reflect increases in the CPI annually on and after the date of enactment of this subparagraph.''. SEC. 5. PUBLIC AVAILABILITY OF INFORMATION. Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 683) is amended by adding at the end the following: ``(l) Access to Fund Information.--Annually, the Administrator shall make public on its website the following information with respect to each small business investment company: ``(1) The amount of capital deployed since fund inception. ``(2) The amount of leverage drawn since fund inception. ``(3) The number of investments since fund inception. ``(4) The number of businesses receiving capital since fund inception. ``(5) Industry sectors receiving investment since fund inception. ``(6) The amount of leverage principal repaid by SBIC since fund inception. ``(7) A basic description of investment strategy.''. SEC. 6. AUTHORIZED USES OF LICENSING FEES. Section 301(e) of the Small Business Investment Act of 1958 (15 U.S.C. 681(e)) is amended-- (1) by striking ``(e)'' and inserting ``(d)''; and (2) in paragraph (2)(B), by inserting before the period at the end the following: ``and other small business investment company program needs''. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that-- (1) small business investment companies would benefit from partnerships with community banks and other lenders, and should work with community banks and other lenders, to ensure that if community banks and other lenders deny an application by a small business concern for a loan, the community banks or other lenders will refer the small business concern to small business investment companies; and (2) the Administrator should-- (A) increase outreach to community banks and other lenders to encourage community banks and other lenders to invest in small business investment companies; (B) use the Internet to make publicly available in a timely manner which small business investment companies are actively soliciting investments and making investments in small business concerns; (C) partner with governors, mayors, States, and municipalities to increase outreach by small business investment companies to underserved and rural areas; and (D) continue to make changes to the webpage for the small business investment company program, to make the webpage-- (i) a more prominent part of the website of the Administration; and (ii) more user-friendly.

Expanding Access to Capital for Entrepreneurial Leaders Act or EXCEL Act - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. Increases the maximum amount of outstanding leverage for two or more commonly-controlled SBICs. Authorizes annual inflationary adjustments of such limits. Directs the Administrator to make publicly available on the SBA website specified fiscal and related information with respect to each SBIC. Allows SBIC licensing fees to be used by the SBA for SBIC program needs other than the costs of licensing examinations. Expresses the sense of Congress that SBICs would benefit from partnerships with community banks and other lenders, and that the Administrator should: (1) increase outreach to such banks and lenders for investment in SBICs; (2) use the Internet to publicize which SBICs are soliciting and making investments in small businesses; (3) partner with governors, mayors, states, and municipalities to increase outreach by SBICs to underserved and rural areas; and (4) revise and update the SBIC program webpage to make it more prominent and user-friendly.

A bill to amend the Small Business Investment Act of 1958 to enhance the Small Business Investment Company Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telemarketing Fraud Prevention Act of 1998''. SEC. 2. CRIMINAL FORFEITURE OF FRAUD PROCEEDS. Section 982 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating the second paragraph designated as paragraph (6) as paragraph (7); and (B) by adding at the end the following: ``(8) The Court, in sentencing a defendant convicted of an offense under section 1028, 1029, 1341, 1342, 1343, or 1344, or of a conspiracy to commit such an offense, if the offense involves telemarketing (as that term is defined in section 2325), shall order that the defendant forfeit to the United States any real or personal property-- ``(A) used or intended to be used to commit, to facilitate, or to promote the commission of such offense; and ``(B) constituting, derived from, or traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the offense.''; and (2) in subsection (b)(1)(A), by striking ``(a)(1) or (a)(6)'' and inserting ``(a)(1), (a)(6), or (a)(8)''. SEC. 3. PENALTY FOR TELEMARKETING FRAUD. Section 2326 of title 18, United States Code, is amended by striking ``may'' each place it appears and inserting ``shall''. SEC. 4. ADDITION OF CONSPIRACY OFFENSES TO SECTION 2326 ENHANCEMENT. Section 2326 of title 18, United States Code, is amended by inserting ``, or a conspiracy to commit such an offense,'' after ``or 1344''. SEC. 5. CLARIFICATION OF MANDATORY RESTITUTION. Section 2327 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``for any offense under this chapter'' and inserting ``to all victims of any offense for which an enhanced penalty is provided under section 2326''; and (2) by striking subsection (c) and inserting the following: ``(c) Victim Defined.--In this section, the term `victim' has the meaning given that term in section 3663A(a)(2).''. SEC. 6. AMENDMENT OF FEDERAL SENTENCING GUIDELINES. (a) Definition of Telemarketing.--In this section, the term ``telemarketing'' has the meaning given that term in section 2326 of title 18, United States Code. (b) Directive To Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall-- (1) promulgate Federal sentencing guidelines or amend existing sentencing guidelines (and policy statements, if appropriate) to provide for substantially increased penalties for persons convicted of offenses described in section 2326 of title 18, United States Code, as amended by this Act, in connection with the conduct of telemarketing; and (2) submit to Congress an explanation of each action taken under paragraph (1) and any additional policy recommendations for combating the offenses described in that paragraph. (c) Requirements.--In carrying out this section, the Commission shall-- (1) ensure that the guidelines and policy statements promulgated or amended pursuant to subsection (b)(1) and any recommendations submitted thereunder reflect the serious nature of the offenses; (2) provide an additional appropriate sentencing enhancement, if the offense involved sophisticated means, including but not limited to sophisticated concealment efforts, such as perpetrating the offense from outside the United States; (3) provide an additional appropriate sentencing enhancement for cases in which a large number of vulnerable victims, including but not limited to victims described in section 2326(2) of title 18, United States Code, are affected by a fraudulent scheme or schemes; (4) ensure that guidelines and policy statements promulgated or amended pursuant to subsection (b)(1) are reasonably consistent with other relevant statutory directives to the Commission and with other guidelines; (5) account for any aggravating or mitigating circumstances that might justify upward or downward departures; (6) ensure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code; and (7) take any other action the Commission considers necessary to carry out this section. (d) Emergency Authority.--The Commission shall promulgate the guidelines or amendments provided for under this subsection as soon as practicable, and in any event not later than 120 days after the date of the enactment of the Telemarketing Fraud Prevention Act of 1998, in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under that authority had not expired, except that the Commission shall submit to Congress the emergency guidelines or amendments promulgated under this section, and shall set an effective date for those guidelines or amendments not earlier than 30 days after their submission to Congress. SEC. 7. FALSE ADVERTISING OR MISUSE OF NAME TO INDICATE UNITED STATES MARSHALS SERVICE. Section 709 of title 18, United States Code, is amended by inserting after the thirteenth undesignated paragraph the following: ``Whoever, except with the written permission of the Director of the United States Marshals Service, knowingly uses the words `United States Marshals Service', `U.S. Marshals Service', `United States Marshal', `U.S. Marshal', `U.S.M.S.', or any colorable imitation of any such words, or the likeness of a United States Marshals Service badge, logo, or insignia on any item of apparel, in connection with any advertisement, circular, book, pamphlet, software, or other publication, or any play, motion picture, broadcast, telecast, or other production, in a manner that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the United States Marshals Service, or to convey the impression that such advertisement, circular, book, pamphlet, software, or other publication, or such play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the United States Marshals Service;''. SEC. 8. DISCLOSURE OF CERTAIN RECORDS FOR INVESTIGATIONS OF TELEMARKETING FRAUD. Section 2703(c)(1)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by adding at the end the following: ``(iv) submits a formal written request relevant to a law enforcement investigation concerning telemarketing fraud for the name, address, and place of business of a subscriber or customer of such provider, which subscriber or customer is engaged in telemarketing (as such term is defined in section 2325 of this title).''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to require the court, in sentencing a defendant for specified offenses of fraud involving telemarketing, or conspiracies to commit such offenses, to order that the defendant forfeit to the United States any real or personal property: (1) used or intended to be used in the commission of such offense; and (2) constituting, derived from, or traceable to the gross proceeds of the offense. (Sec. 3) Requires (current law permits) persons convicted of fraud in connection with telemarketing to be imprisoned for specified terms in addition to any term imposed for the fraud. (Sec. 4) Makes telemarketing fraud enhanced penalty provisions applicable to conspiracies to commit such offenses. (Sec. 5) Revises mandatory restitution provisions under the code to: (1) direct the court to order restitution to all victims of any offense of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) define "victim" to have the meaning given that term in code provisions regarding orders of restitution. (Sec. 6) Directs the United States Sentencing Commission to: (1) promulgate Federal sentencing guidelines or amend existing guidelines and policy statements, if appropriate (in accordance with specified requirements), to provide for substantially increased penalties for persons convicted of offenses of fraud for which an enhanced penalty is provided in connection with telemarketing; and (2) submit to the Congress an explanation of each action taken and any additional policy recommendations for combating such offenses. (Sec. 7) Prohibits use of the name "United States Marshals Service" or specified derivations thereof in a manner reasonably calculated to convey endorsement, approval, or authorization by the Service except with the written permission of the Director of the Service. (Sec. 8) Directs a provider of an electronic communication or remote computing service to disclose records or information pertaining to a subscriber to or customer of such service to a governmental entity when such entity submits a formal written request, relevant to a law enforcement investigation concerning telemarketing fraud.

Telemarketing Fraud Prevention Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Preinspection Act of 1993''. SEC. 2. PREINSPECTION AT FOREIGN AIRPORTS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 235 the following new section: ``preinspection at foreign airports ``Sec. 235A. (a) Establishment of Additional Preinspection Stations at High Volume Airports.--Subject to subsection (c), not later than 2 years after the date of the enactment of this section, the Attorney General, in consultation with the Secretary of State, shall establish and maintain preinspection stations in at least 3 of the foreign airports that are among the 10 foreign airports which the Attorney General identifies as serving as last points of departure for the greatest numbers of passengers who arrive from abroad by air at ports of entry within the United States. Such preinspection stations shall be in addition to any preinspection stations established or authorized to be established prior to the date of the enactment of this section. ``(b) Establishment of Additional Preinspection Stations at Certain Foreign Airports From Which Undocumented Aliens Depart for the United States.-- ``(1) Reports to congress.--Not later than November 1, 1993, and each subsequent November 1, the Attorney General shall compile and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report identifying the foreign airports which served as last points of departure for aliens who arrived by air at United States ports of entry without valid documentation during the preceding fiscal year. Such report shall indicate the number and nationality of such aliens arriving from each such foreign airport. ``(2) Establishment of additional preinspection stations.-- Subject to subsection (c), not later than November 1, 1995, the Attorney General, in consultation with the Secretary of State, shall establish preinspection stations in at least 3 of the foreign airports that are among the 10 foreign airports identified in the first report submitted under paragraph (1) as serving as the last points of departure for the greatest number of aliens who arrive from abroad by air at points of entry within the United States without valid documentation. Such preinspection stations shall be in addition to any preinspection stations established or authorized to be established either under subsection (a) or prior to the date of the enactment of this section. ``(3) Establishment of carrier consultant program.--The Attorney General shall assign additional immigration officers to any foreign airport identified in the first report submitted under paragraph (1) which served as a point of departure for a significant number of arrivals at United States ports of entry without valid documentation, but where no preinspection station is established. ``(c) Conditions for Establishment of Preinspection.--Prior to the establishment of a preinspection station the Attorney General, in consultation with the Secretary of State, shall ensure that-- ``(1) employees of the United States stationed at the preinspection station and their accompanying family members will receive appropriate protection, ``(2) such employees and their families will not be subject to unreasonable risks to their welfare and safety, and ``(3) the country in which the preinspection station is to be established maintains practices and procedures with respect to asylum seekers and refugees in accordance with the Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951) or the Protocol Relating to the Status of Refugees (done at New York, January 31, 1967).''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 235 the following new item: ``Sec. 235A. Preinspection at foreign airports.''. SEC. 3. VISA WAIVER PROGRAM. (a) Permanency of Program.--Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (1) by amending the section heading to read as follows: ``visa waiver program for certain visitors''; (2) in the heading of subsection (a), (a)(2), and (c) by striking ``Pilot'' and ``pilot'' each place either appears and inserting ``Visa Waiver'' and ``visa waiver'', respectively; (3) by striking ``pilot'' each place it appears and inserting ``visa waiver''; (4) in subsection (a)(1) by striking ``during the pilot program period (as defined in subsection (e)),''; (5) in subsection (c)(3) by striking ``(within the pilot program period) after the initial period''; (6) in subsection (c) by striking paragraph (4); (7) in subsection (e)(1)(A) by striking ``(a)(1)(A)'' and inserting ``(a)(1)''; and (8) by striking subsection (f). (b) Elimination of Requirement for Execution of Immigration Forms.--Section 217 of such Act is further amended-- (1) in subsection (a) by striking paragraph (3); (2) in subsection (a) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6); and (3) in subsection (e)(1) by striking ``subsection (a)(4)'' and inserting ``subsection (a)(3)''. (c) Exclusion and Deportation of Applicants for Admission Under Visa Waiver Program.--Section 217(b) of such Act is amended to read as follows: ``(b) Exclusion and Deportation of Applicants for Admission under Visa Waiver Program.-- ``(1) Exclusion.-- ``(A) An immigration officer's determination that an applicant for admission under this section is not clearly and beyond a doubt entitled to land shall constitute a final order of exclusion and deportation, enforceable pursuant to section 237. Pending such a determination, the Attorney General may maintain such applicant in custody. ``(B) The procedure described in section 236 shall not apply to an order issued under this paragraph. ``(2) Deportation.-- ``(A) Notwithstanding any other provision of law, an alien admitted to the United States under this section who is determined, pursuant to such regulations as the Attorney General shall prescribe, to be subject to deportation shall be deported pursuant to section 243. An immigration officer's determination under this subsection shall constitute a final order of deportation. Pending such determination, the Attorney General may maintain such alien in custody. ``(B) The procedure described in section 242 shall not apply to an order issued under this paragraph. ``(3) Review.--Notwithstanding any other provision of law or the failure of a carrier to provide the notice described in subsection (e)(1)(D), an alien who applies for admission to the United States under this section shall not be entitled-- ``(A) to review or appeal under this Act of an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States, or ``(B) subject to paragraph (4), to contest an immigration officer's determination under paragraph (2). ``(4) Asylum.--The Attorney General shall establish a procedure for an alien who is applying for admission under this section or who has been admitted under this section to apply for asylum under section 208. ``(5) Treatment of Nationals of Visa Waiver Countries.--An alien who-- ``(A) is a national of a visa waiver program country or claims to be a national of a visa waiver country, and ``(B) is not in possession of a valid visa, shall be considered to be an applicant for admission under this section.''. (d) Carrier Agreements.--Section 217(e)(1) of such Act is amended-- (1) in subparagraph (B) by striking ``and''; (2) in subparagraph (C) by striking the period at the end and inserting ``; and''; and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) to provide passengers applying for admission to the United States under this section with written notification that they are not entitled (i) to any appeal or review of an immigration officer's determination of admissibility, or (ii) to contest any action for deportation.''. (e) Clerical Amendment.--The item in the table of contents of such Act relating to section 217 is amended to read as follows: ``Sec. 217. Visa waiver program for certain visitors.''. SEC. 4. EXPEDITING AIRPORT IMMIGRATION PROCESSING. (a) Passenger Manifests.-- (1) Electronic passenger manifests.--Section 231(a) of the Immigration and Nationality Act (8 U.S.C. 1221(a)) is amended in the first sentence by striking ``typewritten'' and inserting ``electronic, typewritten,''. (2) Information contained in passenger manifest.--Section 231(a) of such Act (8 U.S.C. 1221(a)) is further amended by inserting immediately before the period at the end of the second sentence ``, except that regulations concerning the information contained in such lists may not require information other than the full name, date of birth, passport number, and citizenship of the person transported, and information identifying the flight on which the person was transported''. (b) Inspection by Immigration Officers.--Section 235(a) of the Immigration and Nationality Act (8 U.S.C. 1225(a)) is amended by adding after the second sentence the following: ``Except as the Attorney General may provide, nothing in this section shall be construed as requiring a personal interview in the conduct of an examination or inspection.''. (c) Provision of Immigration Inspection and Preinspection Services.-- (1) In general.--Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended-- (A) in subsection (g) by striking ``forty-five'' and inserting ``thirty''; and (B) in subsection (l)-- (i) by striking ``forty-five'' and inserting ``thirty''; and (ii) by striking ``March 31st'' and inserting ``January 31st''. (2) Effective date.--The amendments made by paragraph (1) shall apply to passengers arriving on or after 60 days after the date of the enactment of this Act. (d) Expedited Process for the Inspection of Citizens.-- (1) In general.--Section 235A of the Immigration and Nationality Act, as inserted by section 1(a) of this Act, is amended-- (A) in the heading, by adding at the end the following: ``; expedited process for the inspection of citizens'', and (B) by adding at the end the following new subsection: ``(d) Expedited Process for the Inspection of Citizens.--Not later than 90 days after the date of the enactment of this section, the Attorney General shall implement an expedited process for the inspection of United States citizens upon arrival from abroad by air at ports of entry within the United States. An expedited process shall be maintained except during a national or airport specific security emergency as determined by the Attorney General.''. (2) Clerical amendment.--The item in the table of contents of such Act relating to section 235A, as inserted by section 1(b) of this Act, is amended to read as follows: ``Sec. 235A. Preinspection at foreign airports; expedited process for the inspection of citizens.''.

Immigration Preinspection Act of 1993 - Amends the Immigration and Nationality Act to direct the Attorney General to: (1) establish preinspection stations in at least three of the ten foreign airports identified as last departure points for the greatest numbers of passengers arriving at U.S. entry ports; (2) maintain records of aliens arriving by air at U.S. ports of entry without valid documentation; (3) establish three inspection stations at foreign airports for the purpose of achieving maximum prevention of illegal immigration into the United States; (4) assign additional immigration officers to foreign airports without preinspection stations when significant numbers of aliens without valid documentation depart for the United States; and (5) establish an expedited inspection process for U.S. citizens returning by air from aboard. Makes the pilot visa waiver program permanent. Authorizes arriving vessels or aircraft to submit electronic passenger manifests to the Immigration and Naturalization Service. Reduces the required length of time for the provision of immigration inspection and preinspection services.

Immigration Preinspection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landfill Reduction Act of 2000''. SEC. 2. FINDINGS. Congress finds that: (1) While most forms of pollution are steadily being reduced in the United States, solid waste discards are projected to increase by 10 percent between 2000 and 2010, based on Environmental Protection Agency data. (2) American consumers and businesses spend an estimated $1 billion annually to dispose of cardboard boxes and low quality shipping pallets. (3) The cost of disposing of municipal solid waste has been increasing at a 7 percent annual rate. (4) There are regional shortages of solid waste disposal capacity, and siting new facilities is contentious for local governments. These conditions will be exacerbated by the growth of solid waste discards. (5) There are already spirited interstate disputes, expressed in litigation and legislation, regarding efforts to regulate interstate shipment of solid waste. (6) Dozens of other nations are pursuing regulatory approaches and surtaxes to reduce the amount of solid waste from packaging. (7) The Pollution Prevention Act of 1990 establishes a hierarchy for handling waste, with source reduction and reuse being preferable to recycling. (8) It is in the national environmental and economic interest to reaffirm and emphasize the Pollution Prevention Act of 1990's priority on source reduction and reuse, without resorting to new Federal regulatory requirements or new Federal taxes. (9) Emerging industry has the means to dramatically reduce the amount of packaging waste, thereby conserving solid waste disposal capacity, improving the environment, and reducing unnecessary costs to consumers, local governments, and business alike. SEC. 3. PURPOSE. The purpose of this Act is to provide tax incentives to encourage the utilization of reusable wooden and plastic pallets and plastic containers in order to fulfill the goals of the Pollution Prevention Act of 1990, improve national environmental quality through reduced solid waste, increase economic productivity by reducing the costs associated with waste disposal, reduce inflationary pressures associated with the escalating cost of waste disposal, reduce friction among the States concerning interstate solid waste transportation, and provide a cost-efficient nonregulatory model for addressing environmental problems. SEC. 4. INCREASE IN AGGREGATE COST OF REUSABLE PALLETS AND CONTAINERS AND CERTAIN RELATED PROPERTY WHICH MAY BE EXPENSED. (a) In General.--Section 179 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 subsection: ``(e) Increased Expensing for Reusable Pallets and Containers and Certain Related Property.-- ``(1) In general.--The limitation under subsection (b)(1) (after the application of paragraph (2) and before the application of paragraph (3) of such subsection) shall not be less than an amount equal to the lesser of-- ``(A) $500,000, or ``(B) the cost of section 179 property which is qualified reusable pallet and container property placed in service during the taxable year. ``(2) Qualified reusable pallet and container property.-- For purposes of this subsection-- ``(A) In general.--The term `qualified reusable pallet and container property' means-- ``(i) property designed exclusively to manufacture reusable pallet and container property, ``(ii) reusable pallet and container property used exclusively to transport items manufactured or produced by the taxpayer but only if-- ``(I) such transportation is under an arrangement for the return of such property to the taxpayer for reuse, and ``(II) such property does not replace other reusable pallet and container property, ``(iii) property designed exclusively for purposes of inspecting, repairing, cleaning, or maintaining reusable pallet and container property and used exclusively for such purposes with respect to reusable pallet and container property owned or leased by the taxpayer, ``(iv) property designed exclusively to accommodate the use, or enhance the efficiency, of any reusable pallet and container property associated with harvesting, packing, handling, or storage of agricultural products, and ``(v) property which modifies a display for the retail sale of an item exclusively for purposes of permitting such item to be displayed in the reusable pallet and container property in which such item was transported. ``(B) Subsection not to apply to certain vehicles.--The term `qualified reusable pallet and container property' shall not include automobiles, vessels, aircraft, trucks, forklifts, pallet jacks, or rolling stock or other similar property. ``(3) Reusable pallet and container property.--For purposes of this subsection, the term `reusable pallet and container property' means any wooden or plastic pallet or plastic crate which is under an arrangement for the repeated return of such property to its initial purchaser, for long-term reuse. ``(4) Termination.--This subsection shall not apply to any taxable year beginning after December 31, 2008.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Makes this Act inapplicable to any taxable year beginning after December 31, 2008.

Landfill Reduction Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Foreign Propaganda and Disinformation Act''. SEC. 2. CENTER FOR INFORMATION ANALYSIS AND RESPONSE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the President shall establish a Center for Information Analysis and Response (in this section referred to as the ``Center''). The purposes of the Center are-- (1) to coordinate the sharing among government agencies of information on foreign government information warfare efforts, including information provided by recipients of information access fund grants awarded using funds made available under subsection (e) and from other sources, subject to the appropriate classification guidelines; (2) to establish a process for integrating information on foreign propaganda and disinformation efforts into national strategy; and (3) to develop, plan, and synchronize interagency activities to expose and counter foreign information operations directed against United States national security interests and advance narratives that support United States allies and interests. (b) Functions.--The Center shall carry out the following functions: (1) Integrating interagency efforts to track and evaluate counterfactual narratives abroad that threaten the national security interests of the United States and United States allies, subject to appropriate regulations governing the dissemination of classified information and programs. (2) Analyzing relevant information from United States Government agencies, allied nations, think-tanks, academic institutions, civil society groups, and other nongovernmental organizations. (3) Developing and disseminating thematic narratives and analysis to counter propaganda and disinformation directed at United States allies and partners in order to safeguard United States allies and interests. (4) Identifying current and emerging trends in foreign propaganda and disinformation, including the use of print, broadcast, online and social media, support for third-party outlets such as think tanks, political parties, and nongovernmental organizations, in order to coordinate and shape the development of tactics, techniques, and procedures to expose and refute foreign misinformation and disinformation and proactively promote fact-based narratives and policies to audiences outside the United States. (5) Facilitating the use of a wide range of information- related technologies and techniques to counter foreign disinformation by sharing expertise among agencies, seeking expertise from external sources, and implementing best practices. (6) Identifying gaps in United States capabilities in areas relevant to the Center's mission and recommending necessary enhancements or changes. (7) Identifying the countries and populations most susceptible to foreign government propaganda and disinformation. (8) Administering and expending funds made available pursuant to subsection (e). (9) Coordinating with allied and partner nations, particularly those frequently targeted by foreign disinformation operations, and international organizations and entities such as the NATO Center of Excellence on Strategic Communications, the European Endowment for Democracy, and the European External Action Service Task Force on Strategic Communications, in order to amplify the Center's efforts and avoid duplication. (c) Interagency Manager.-- (1) In general.--The President is authorized to designate an official of the United States Government to lead an interagency team and to manage the Center. The President shall delegate to the manager of the Center responsibility for and presumptive authority to direct and coordinate the activities and operations of all departments, agencies, and elements of the United States Government in so far as their support is required to ensure the successful implementation of a strategy approved by the President for accomplishing the mission. The official so designated shall be serving in a position in the executive branch by appointment, by and with the advice and consent of the Senate. (2) Interagency steering committee.-- (A) Composition.--The Interagency Manager shall establish a Steering Committee composed of senior representatives of agencies relevant to the Center's mission to provide advice to the Manager on the operations and strategic orientation of the Center and to ensure adequate support for the Center. The Steering Committee shall include one senior representative designated by each of the Secretary of Defense, the Secretary of State, the Chairman of the Joint Chiefs of Staff, the Administrator of the United States Agency for International Development, and the Chairman of the Broadcasting Board of Governors. (B) Meetings.--The Interagency Steering Committee shall meet not less than every 3 months. (C) Participation and independence.--The Chairman of the Broadcasting Board of Governors shall not compromise the journalistic freedom or integrity of relevant media organizations. Other Federal agencies may be invited to participate in the Center and Steering Committee at the discretion of the Interagency Manager. (3) Scope of responsibility and authority.-- (A) Limitation on scope.--The delegated responsibility and authority provided pursuant to paragraph (1) may not extend beyond the requirements for successful implementation of the mission and strategy described in that paragraph. (B) Appeal of execution of activities.--The head of any department, agency, or other element of the United States Government may appeal to the President a requirement or direction by the official designated pursuant to paragraph (1) for activities otherwise in support of the mission and strategy described in that paragraph if such head determines that there is a compelling case that executing such activities would do undue harm to other missions of national importance to the United States. (4) Targeted foreign audiences.-- (A) In general.--The activities under this subsection of the Center described in paragraph (1) shall be done only with the intent to influence foreign audiences. No funds for the activities of the team under this section may be used with the intent to influence public opinion in the United States. (B) Rule of construction.--Nothing in this subsection may be construed to prohibit the team described in paragraph (1) from engaging in any form of communication or medium, either directly or indirectly, or coordinating with any other department or agency of the United States Government, a State government, or any other public or private organization or institution because a United States domestic audience is or may be thereby exposed to activities or communications of the team under this subsection, or based on a presumption of such exposure. (d) Staff.-- (1) Compensation.--The President may fix the compensation of the manager of the Center and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (2) Detail of government employees.--Any Federal Government employee may be detailed to the Center without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (3) Procurement of temporary and intermittent services.-- The President may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (e) Funds.--Of amounts authorized to be appropriated for fiscal year 2017 for the Department of Defense and identified as undistributed fuel cost savings, up to $250,000,000 may be available for purposes of carrying out this section and the grant program established under section 3. Once obligated, such funds shall remain available for such purposes until expended. SEC. 3. INFORMATION ACCESS FUNDS. (a) Grants and Contracts of Financial Support.--The Center may provide grants or contracts of financial support to civil society groups, journalists, nongovernmental organizations, federally funded research and development centers, private companies, or academic institutions for the following purposes: (1) To support local independent media who are best placed to refute foreign disinformation and manipulation in their own communities. (2) To collect and store examples in print, online, and social media of disinformation, misinformation, and propaganda directed at the United States and its allies and partners. (3) To analyze tactics, techniques, and procedures of foreign government information warfare with respect to disinformation, misinformation, and propaganda. (4) To support efforts by the Center to counter efforts by foreign governments to use disinformation, misinformation, and propaganda to influence the policies and social and political stability of the United States and United States allies and partners. (b) Funding Availability and Limitations.--All organizations that apply to receive funds under this section must undergo a vetting process in accordance with the relevant existing regulations to ensure their bona fides, capability, and experience, and their compatibility with United States interests and objectives. SEC. 4. INCLUSION IN DEPARTMENT OF STATE EDUCATION AND CULTURAL EXCHANGE PROGRAMS OF FOREIGN STUDENTS AND COMMUNITY LEADERS FROM COUNTRIES AND POPULATIONS SUSCEPTIBLE TO FOREIGN MANIPULATION. The President shall ensure that when the Secretary of State is selecting participants for United States educational and cultural exchange programs, the Secretary of State gives special consideration to students and community leaders from populations and countries the Secretary deems vulnerable to foreign propaganda and disinformation campaigns. SEC. 5. REPORTS. (a) In General.--Not later than one year after the establishment of the Center, the President shall submit to the appropriate congressional committees a report evaluating the success of the Center in fulfilling the purposes for which it was authorized and outlining steps to improve any areas of deficiency. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. SEC. 6. TERMINATION OF CENTER AND STEERING COMMITTEE. The Center for Information Analysis and Response and the interagency team established under section 2(c) shall terminate 15 years after the date of the enactment of this Act. SEC. 7. RULE OF CONSTRUCTION REGARDING RELATIONSHIP TO INTELLIGENCE AUTHORITIES AND ACTIVITIES. Nothing in this Act shall be construed as superseding or modifying any existing authorities governing the collection, sharing, and implementation of intelligence programs and activities or existing regulations governing the sharing of classified information and programs.

Countering Foreign Propaganda and Disinformation Act This bill directs the Department of State to establish a Center for Information Analysis and Response to: coordinate the sharing among government agencies of information on foreign government information warfare efforts, establish a process for integrating information on foreign propaganda and disinformation efforts into national strategy, and develop and synchronize interagency activities to expose and counter foreign information operations directed against U.S. national security interests and advance narratives that support U.S. allies and interests. The President is authorized to designate a U.S. government official to lead an interagency team and to manage the center. The center may provide grants to or contract with specified entities to: support local independent media to refute foreign disinformation and manipulation in their communities, collect and store examples of disinformation and propaganda directed at the United States and its allies, analyze foreign government information warfare tactics and techniques, and support center efforts to counter foreign disinformation and propaganda efforts to influence the policies and social and political stability of the United States and its allies. The President shall ensure that the State Department, when selecting participants for U.S. educational and cultural exchange programs, gives special consideration to students and community leaders from populations and countries deemed vulnerable to foreign propaganda and disinformation campaigns. The center shall terminate 15 years after enactment of this Act.

Countering Foreign Propaganda and Disinformation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Fair Treatment and Job Creation Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) There are approximately 28.7 million golfers in the United States. (2) The golf industry is responsible for raising approximately $3.5 billion for charitable causes each year. This is more than any of the other spectator sports combined. (3) The golf industry is responsible for 2 million jobs in the United States, and total wage income of $61 billion. (4) In 2008, the median cost to play 18 holes for all public facilities, which includes municipal, military, and university courses, was approximately $28. For fewer than 18 holes in 2008 the median cost was approximately $14. (5) There are more than 10,000 public golf facilities in the United States. (6) Approximately 70 percent of rounds of golf played at PGA facilities were played at public golf facilities. (7) The percentage of minority United States golfers is 14.2%. (8) The percentage of PGA professionals that are minority in the United States is 4.7 percent. (9) The percentage of female golfers in the United States is 22.4 percent. (10) The percentage of PGA Professionals that are female is 3.4 percent. (11) The average age of African-American golf participants in the United States is 33 years old, which is 4 years younger than the national average of 37 years old. (12) The average age of Asian-American golf participants in the United States is 36 years old, which is close to the national average. (13) The average age of Hispanic-American golf participants in the United States is 31 years old, which is almost 6 years younger than the national average. (14) Participation rates for United States households with incomes above $100,000 are between 20 and 30 percent for both Caucasians and minorities, respectively. (15) Participation rates for United States households with incomes ranging from $50,000 to $75,000 are 19 to 24 percent for Caucasians and 8 to 18 percent for minorities. SEC. 3. PURPOSE. The purpose of this Act is to allow States, local governments, or private entities to use funds appropriated or otherwise made available under the American Recovery and Reinvestment Act of 2009 to assist job creation and workforce diversification in the golf industry. SEC. 4. USE OF ARRA FUNDS FOR JOB CREATION AND WORKFORCE DIVERSIFICATION AT PUBLIC GOLF COURSES. (a) In General.--Section 1604 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 303) is amended-- (1) by striking ``None'' and inserting ``(a) None'', (2) by striking ``private entity, for any casino'' and all that follows through the period at the end and inserting the following: ``private entity-- ``(1) for any casino or other gambling establishment, aquarium, zoo, or swimming pool, or ``(2) for any golf course-- ``(A) which is a private golf course, and ``(B) to the extent such amounts are not for job creation and workforce diversification relating to such golf course.'', and (3) by adding at the end the following new subsection: ``(b) Any State, local government, or private entity which uses funds appropriated or otherwise made available under this Act for any golf course shall-- ``(1) not later than 90 days the date of the enactment of this Act, submit to Comptroller General of the United States (in such form and manner as the Comptroller may prescribe) a report which-- ``(A) describes baseline data on existing jobs and diversity of the golf course and related businesses; and ``(B) provides detailed information on jobs created with use of funds; and ``(2) institute a diversity plan for the golf course and related businesses, and establish objective conduct for recruiting women, members of racial and ethnic minority groups, and individuals with disabilities for entry, mid-management, and senior executive positions, with special efforts directed at recruiting from diverse educational institutions, professional associations, and other sources.''. SEC. 5. GAO REPORT REGARDING THE USE OF FUNDS. Not later than April 1, 2011, the Comptroller General of the United States shall submit to Congress a report on the use of any funds for golf courses by reason of the amendments made by section 4 of this Act. The report shall include the following: (1) Baseline data on existing structure of employment opportunities and diversity in the golf industry and related businesses. (2) Analysis and recommendations for addressing the diversity in the golf industry and related businesses. (3) Information on the number of new jobs created with use of such funds. (4) Analysis and recommendations for recruiting women, members of racial and ethnic minority groups, and individuals with disabilities for entry, mid-management, and senior executive positions in the golf industry and related businesses. SEC. 6. MODIFICATION OF TAX BENEFITS NOT AVAILABLE WITH RESPECT TO CERTAIN GOLF COURSE PROPERTY. (a) In General.--Clause (i) of section 1400N(p)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``any private or commercial golf course, country club,'' and inserting ``any private golf course, private country club,''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009.

Economic Fair Treatment and Job Creation Act of 2010 - Amends the American Recovery and Reinvestment Act of 2009 to revise the prohibition against the use by any state or local government or private entity of funds made available in that Act for any golf course to prohibit such use for any golf course: (1) which is private; and (2) to the extent such funds are not for job creation and workforce diversification relating to such golf course. Requires any entity that uses such funds for a golf course to: (1) submit to the Comptroller General a report which describes baseline data on existing jobs and diversity of the golf course and related businesses and provides detailed information on jobs created; and (2) institute a diversity plan for the golf course and related businesses and establish objective conduct for recruiting women, members of racial and ethnic minority groups, and individuals with disabilities for entry, mid-management, and senior executive positions. Requires the Comptroller General to report on the use of any funds for golf courses as a result of this Act. Amends the Internal Revenue Code to remove commercial golf courses from property for which specified Gulf Opportunity Zone tax benefits are not available.

To amend the American Recovery and Reinvestment Act of 2009 and the Internal Revenue Code of 1986 to make funds and tax benefits available to assist job creation and workforce diversification in the golf industry, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rabbi Michoel Ber Weissmandl Congressional Gold Medal Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Rabbi Michoel Ber Weissmandl was born in Hungary on October 25, 1903, later moving to Slovakia to study under Rabbi Shumel Dvoid Ungar in Nitra. (2) During his time in Nitra, he quickly became a senior figure within the local Jewish community and Yeshiva. (3) Weissmandl was responsible for some of the daring efforts to save the Jewish people of Slovakia from the Holocaust, which include the establishment of a ``Working Group'', an underground organization that raised funds to negotiate ransom with German and Slovakian officials in order to delay mass deportations. (4) During the Nazi regime, Weissmandl used his contacts from England to obtain visas, becoming one of the first to actively protect people of Jewish ancestry in Europe. (5) Weissmandl also wrote telegrams to generate awareness of the Jewish people's plight and encouraged other strategic approaches to stop the Holocaust, including the bombing of railroad tunnels to prevent the transportation of persons to concentration camps. (6) Weissmandl established a Working Group--a wide variety of people from different political and ideological spectrums-- whose common goal was to save people from the ``Final Solution''. (7) The Working Group was one of the first to document in writing the accounts of Auschwitz Escapees in a document widely referred to as the ``Auschwitz Protocols''. (8) Weissmandl himself later translated the initial documentation from German to Hebrew and included a widely known addendum that pleaded for action. (9) Weissmandl wrote the first known appeal for the use of Allied air resources to disrupt the Holocaust. (10) In 1942 when Slovakia started deportation for ``resettlement'', Rabbi Weissmandl was the first to inform the Working Group that people were being murdered and not sent to work as originally claimed. (11) Rabbi Weissmandl also played an instrumental role in Solomon Schoenfeld Kindertransport rescue, helping save hundreds of lives. (12) Rabbi Weissmandl came to America and in 1945 immediately got to work to establish a home and Yeshiva for Holocaust survivors. The Yeshiva of Nitra he established in Mount Kisco, New York, was the first Yeshiva campus in America and became and example that other institutions followed. (13) Rabbi Weissmandl has significantly influenced the flourishing communities of Talmudic scholars in Brooklyn, New York, and generally across the United States. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Rabbi Michoel Ber Weissmandl in recognition of his acts of valor during World War II. (b) Participation by Weissmandl Committee.--For the purpose of the presentation referred to in subsection (a), the Speaker and President pro tempore shall ensure that the Weissmandl Committee may accept the medal on behalf of Michoel Ber Weissmandl. (c) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (d) Transfer of Medal After Presentation.--Following the presentation of the gold medal in honor of Michoel Ber Weissmandl under subsection (a), the gold medal shall be given to Samuel Dovid Weissmandl or, should he not be present, to Rabbi Menachem Meir Weissmandl. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 5. NATIONAL MEDAL. (a) National Medal.--The gold medal struck under this Act is a national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Passed the House of Representatives November 13, 2018. Attest: KAREN L. HAAS, Clerk.

Rabbi Michoel Ber Weissmandl Congressional Gold Medal Act of 2017 This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Rabbi Michoel Ber Weissmandl in recognition of his acts of valor during World War II.

Rabbi Michoel Ber Weissmandl Congressional Gold Medal Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Shell Tribe of Chippewa Indians Restoration Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) the Little Shell Tribe of Chippewa Indians is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States; (2) the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of Montana, which also are political successors to the signatories of the Pembina Treaty of 1863, have been recognized by the Federal Government as distinct Indian tribes; (3) the members of the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State of North Dakota as described in paragraph (1); (4) in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization Act''); (5) Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization Act''); (6) due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize; (7) in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization Act''), the Tribe continued to exist as a separate community, with leaders exhibiting clear political authority; (8) the Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of Montana, filed 2 law suits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the ``Indian Claims Commission Act''), to petition for additional compensation for land ceded to the United States under the Pembina Treaty of 1863 and the McCumber Agreement of 1892; (9) in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8); (10) in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and (11) the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s. SEC. 3. DEFINITIONS. In this Act: (1) Member.--The term ``member'' means an individual who is enrolled in the Tribe pursuant to section 7. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Little Shell Tribe of Chippewa Indians of Montana. SEC. 4. FEDERAL RECOGNITION. (a) In General.--Federal recognition is extended to the Tribe. (b) Effect of Federal Laws.--Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization Act''), shall apply to the Tribe and members. SEC. 5. FEDERAL SERVICES AND BENEFITS. (a) In General.--Beginning on the date of enactment of this Act, the Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to-- (1) the existence of a reservation for the Tribe; or (2) the location of the residence of any member on or near an Indian reservation. (b) Service Area.--For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana. SEC. 6. REAFFIRMATION OF RIGHTS. (a) In General.--Nothing in this Act diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act. (b) Claims of Tribe.--Except as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act. SEC. 7. MEMBERSHIP ROLL. (a) In General.--As a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe. (b) Determination of Membership.--The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution). (c) Maintenance of Roll.--The Tribe shall maintain the membership roll under this section. SEC. 8. TRANSFER OF LAND. (a) Homeland.--The Secretary shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base. (b) Additional Land.--The Secretary may acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization Act'').

. Little Shell Tribe of Chippewa Indians Restoration Act of 2015 (Sec. 4) Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. (Sec. 5) Makes the Tribe and each member eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near an Indian reservation. Considers the federal service area of the Tribe to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties, Montana. (Sec. 7) Directs the Tribe, as a condition of receiving recognition, services, and benefits pursuant to this Act, to submit to the Department of the Interior a membership roll consisting of the name of each individual enrolled as a member of the Tribe. Requires the Tribe to maintain such membership roll. (Sec. 8) Directs Interior to acquire, for the benefit of the Tribe, trust title to 200 acres of land within the Tribe's service area to be used for a tribal land base. Allows Interior to acquire additional land for the benefit of the Tribe.

Little Shell Tribe of Chippewa Indians Restoration Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Olympic Committee Paralympic Program Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) In 1998, Congress enacted the Olympic and Amateur Sports Act Amendments of 1998 (33 U.S.C. 101 note), which amended chapter 2205 of title 36, United States Code, and included a statement that the purpose of the Act was ``to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes''. (2) The United States Olympic Committee manages and administers the Paralympic Program for physically disabled athletes. (3) In 2005, the United States Olympic Committee entered into a memorandum of understanding with the Secretary of Veterans Affairs to expand the Paralympic Program to provide special training and rehabilitation to disabled veterans and disabled members of the Armed Forces as part of their rehabilitation and return to an active lifestyle. (4) The Paralympic Program has a significant positive effect on the quality of life of such veterans and servicemembers, including helping to improve the mobility, vitality, and physical, psychological, and social well-being of disabled veterans and disabled members of the Armed Forces who participate in the program and reducing the incidence of secondary medical conditions in those participants. (5) Because of Operation Iraqi Freedom and Operation Enduring Freedom, the number of disabled veterans and disabled members of the Armed Forces has increased substantially and it is therefore necessary to expand the scope and size of the Paralympic Program to provide rehabilitative services through sports to disabled veterans and members of the Armed Forces. (b) Purpose.--The purposes of this Act are as follows: (1) To promote the lifelong health of disabled veterans and disabled members of the Armed Forces through regular participation in physical activity and sports. (2) To develop a system that promotes disabled sports from the local level through elite levels by creating partnerships among organizations specializing in supporting, training, and promoting programs for disabled athletes. (3) To provide training and support to local organizations to provide Paralympic sports training to disabled veterans and disabled members of the Armed Forces in their own communities. (4) To provide support to the United States Olympic Committee for the Paralympic Program to increase the participation of disabled veterans and disabled members of the Armed Forces in sports as part of their rehabilitation. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO UNITED STATES OLYMPIC COMMITTEE PARALYMPIC PROGRAM. (a) Provision of Assistance Authorized.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 521 the following: ``Sec. 521A. Assistance for United States Olympic Committees Paralympic Program ``(a) Authorization To Provide Assistance.--The Secretary may make grants to the United States Olympic Committee to plan, develop, manage, and implement the Paralympic Program for disabled veterans and disabled members of the Armed Forces. ``(b) Oversight by Secretary.--As a condition of receiving a grant under this section, the United States Olympic Committee shall permit the Secretary to conduct such oversight of the use of grant funds as the Secretary determines is appropriate. ``(c) Application Requirement.--(1) Before the Secretary may make a grant to the United States Olympic Committee under this section, the Committee shall submit to the Secretary an application that describes the activities to be carried out with the grant, including information on specific measurable goals and objectives to be achieved using grant funds. The application shall include a detailed description of all partnerships referred to in paragraph (2) at the national and local levels that will be participating in such activities and the amount of grant funds that will be made available for each of such partnerships. ``(2) Partnerships.--Partnerships referred to in this paragraph are agreements between the United States Olympic Committee and national organizations with significant experience in the training and support of disabled athletes and the promotion of disabled sports at the local and national levels. Such organizations include Disabled Sports USA, Blaze Sports, Paralyzed Veterans of America, and Disabled American Veterans. The agreements shall detail the scope of activities and funding provided by the United States Olympic Committee to the partner. ``(d) Use of Funds.--(1) The United States Olympic Committee, with the assistance and cooperation of the Secretary and the heads of other appropriate Federal and State departments and agencies and partnerships referred to in subsection (c)(2), shall use a grant under this section to recruit, support, encourage, schedule, facilitate, supervise, and implement the activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces either directly or by supporting a program described in paragraph (2). ``(2) A program described in this paragraph is a sport program that-- ``(A) promotes basic physical activity, games, recreation, training, and competition; ``(B) is approved by the Secretary; and ``(C)(i) provides services and activities described in paragraph (3) for disabled veterans and disabled members of the Armed Forces; and ``(ii) may also provide services and activities described in paragraph (3) for individuals with disabilities who are not veterans or members of the Armed Forces, or both; except that funds made available to carry out this section may not be used to support those individuals with disabilities who are not veterans or members of the Armed Forces. ``(3) Activities described in this paragraph are-- ``(A) instruction, participation, and competition in Paralympic sports; ``(B) training and technical assistance to program administrators, coaches, recreational therapists, instructors, Department employees, and other appropriate individuals; and ``(C) coordination, Paralympic classification of athletes, athlete assessment, sport-specific training techniques, program development (including programs at the local level), program- specific medical and personal care support, sports equipment, supplies, program evaluation, and other activities related to the implementation and operation of the program. ``(4) A grant made under this section may include, at the discretion of the Secretary, an amount for administrative expenses, but not to exceed ten percent of the amount of the grant. ``(5) Funds made available by the United States Olympic Committee to a grantee under subsection (c) may include an amount for administrative expenses, but not to exceed ten percent of the amount of such funds. ``(e) Outreach Requirement.--The Secretary shall conduct an outreach campaign to inform all eligible veterans and separating members of the Armed Forces with physical disabilities about the existence of the Paralympic Program and shall provide for, facilitate, and encourage participation of such veterans and separating servicemembers in programs under this section to the extent possible. ``(f) Coordination.--The Secretary shall ensure access to and use of appropriate Department facilities by disabled veterans and disabled members of the Armed Forces participating in the Paralympic Program to the maximum extent possible and to the extent that such access and use does not adversely affect any other assistance provided to veterans. ``(g) Authorization of Appropriations.--There is authorized to be appropriated $8,000,000 annually to carry out this section. ``(h) Separate Accounting.--The Department shall have a separate line item in budget proposals of the Department for funds to be appropriated to carry out this section. Funds appropriated to carry out this section shall not be commingled with any other funds appropriated to the Department. ``(i) Limitation on Use of Funds.--Except as provided in subsections (d)(4) and (d)(5), funds appropriated to carry out this section may not be used to support or provide services to individuals who are not disabled veterans or disabled members of the Armed Forces.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 521 the following new item: ``521A. Assistance for United States Olympic Committees Paralympic Program.''. (c) Deadline for Memorandum of Understanding.--The Secretary of Veterans Affairs may not award a grant under section 521A of title 38, United States Code, as added by subsection (a), until the United States Olympic Committee has entered into a memorandum of understanding or cooperative agreement with the Secretary regarding implementation of the Paralympic Program. Such agreement shall be concluded not later than 180 days after the date of the enactment of this Act. SEC. 4. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS. (a) Establishment of Office of National Veterans Sports Programs and Special Events.--Chapter 3 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 321. Office of National Veterans Sports Programs and Special Events ``(a) Establishment.--There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report directly to the Assistant Secretary for Public and Intergovernmental Affairs of the Department. ``(b) Responsibilities of Director.--Subject to the direction of the Secretary, the Director-- ``(1) shall establish and carry out qualifying programs and events; ``(2) may provide for sponsorship by the Department of qualifying programs and events; ``(3) may provide for, facilitate, and encourage participation by disabled veterans in qualifying programs and events; and ``(4) shall cooperate with the United States Olympic Committee and its subsidiaries to promote the participation of disabled veterans and disabled members of the Armed Forces in sporting events sponsored by the United States Olympic Committee and its subsidiaries. ``(c) Qualifying Program or Event.--For purposes of this section, a qualifying program or event is a sports program or other event in which disabled veterans and disabled members of the Armed Forces participate and that is approved by the Secretary as being consistent with the goals and missions of the Department. ``(d) Monthly Assistance Allowance.--(1) The Director may provide a monthly assistance allowance to a veteran with a disability invited by the United States Olympic Committee to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in any event sanctioned by the United States Olympic Committee or who is residing at a United States Olympic Committee training center. ``(2) The amount of the monthly assistance payable to a veteran under paragraph (1) shall be equal to the monthly amount of subsistence allowance that would be payable to the veteran under chapter 31 of this title if the veteran were eligible for and entitled to rehabilitation under such chapter. ``(3) Any amount of assistance paid to a veteran under this subsection shall be in addition to any other assistance available to the veteran under any other provision of law. ``(4) There is authorized to be appropriated to carry out this subsection $2,000,000 for fiscal year 2009 and each fiscal year thereafter. ``(e) Limitation on Statutory Construction.--Nothing in this section shall be construed as a limitation on current disabled sports and special events supported by the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``321. Office of National Veterans Sports Programs and Special Events.''. (c) Responsibilities of Under Secretary for Health.--The Secretary of Veterans Affairs shall direct the Under Secretary for Health of the Department of Veterans Affairs-- (1) to make available, to the maximum extent possible, recreational therapists, physical therapists, and other medical staff to facilitate participation of veterans in sporting events conducted under the auspices of the United States Olympic Committee; (2) to allow such personnel to participate in the United States Olympic Committee Paralympic Program without requiring the use of personal leave; and (3) to support other similar activities or events as those described in this section and determined to be appropriate by the Secretary. Passed the House of Representatives July 31, 2008. Attest: LORRAINE C. MILLER, Clerk.

United States Olympic Committee Paralympic Program Act of 2008 - Authorizes the Secretary of Veterans Affairs to make a grant to the U.S. Olympic Committee (USOC) to plan, develop, manage, and implement the Paralympic Program (Program) for disabled veterans and disabled members of the Armed Forces (members). Directs the USOC to use a grant to recruit, support, encourage, schedule, facilitate, supervise, and implement paralympic instruction and competition activities, training and technical assistance, and coordination and program development activities for such disabled veterans and members. Requires: (1) the Secretary to conduct an outreach program to inform eligible veterans and separating members about the Program; and (2) a memorandum of understanding or cooperative agreement between the Secretary and the USOC regarding Program implementation. Authorizes appropriations. Establishes in the Department of Veterans Affairs (VA) an Office of National Veterans Sports Programs and Special Events, headed by a Director, to carry out qualifying programs and events for disabled veterans and members. Authorizes the Director to provide an allowance for a disabled veteran for each month in which the veteran is training or competing in a USOC-sanctioned event or residing at a USOC training center. Authorizes appropriations. Requires the Secretary to direct the VA's Under Secretary for Health to: (1) make VA medical staff available to facilitate veteran participation in USOC sporting events; (2) allow such personnel to participate in the Program without requiring the use of personal leave; and (3) support other similar activities or events.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide assistance to the Paralympic Program of the United States Olympic Committee, and for other purposes.

SECTION 1. REAUTHORIZATION. Section 5209 of the Competitiveness Policy Council Act (15 U.S.C. 4808) is amended-- (1) by striking ``1991 and 1992'' and inserting ``1993, 1994, 1995, and 1996''; and (2) by striking ``$5,000,000'' and inserting ``$2,500,000''. SEC. 2. RENAMING OF COUNCIL. The Competitiveness Policy Council Act (15 U.S.C. 4801 et seq.) is amended as follows: (1) In the subtitle heading-- (A) insert ``National'' before ``Competitiveness''; and (B) strike ``Policy Council'' and insert ``Commission''. (2) In section 5201-- (A) insert ``National'' before ``Competitiveness''; and (B) strike ``Policy Council'' and insert ``Commission''. (3) In section 5202(b)(2)-- (A) insert ``National'' before ``Competitiveness''; and (B) strike ``Policy Council'' and insert ``Commission''. (4) In section 5203-- (A) in the section caption, strike ``council'' and insert ``commission''; (B) insert ``National'' before ``Competitiveness''; (C) strike ``Policy''; and (D) strike ``Council'' each place it appears and insert ``Commission''. (5) In section 5204-- (A) in the section caption, strike ``council'' and insert ``commission''; and (B) strike ``Council'' and insert ``Commission''. (6) In sections 5205 through 5208, strike ``Council'' each place such term appears and insert ``Commission''. (7) In section 5207, in the section caption, strike ``council'' and insert ``commission''. (8) In section 5210-- (A) in paragraph (1)-- (i) insert ``National'' before ``Competitiveness''; (ii) strike ``Policy''; and (iii) strike ``Council'' each place it appears and insert ``Commission''; and (B) in paragraph (2)-- (i) insert ``National'' before ``Competitiveness''; and (ii) strike ``Policy Council'' and insert ``Commission''. SEC. 3. DUTIES OF THE COMMISSION. Section 5204 of the National Competitiveness Commission Act (15 U.S.C. 4803) is amended by striking paragraphs (11) and (12) and inserting the following: ``(11) prepare, publish, and distribute reports that-- ``(A) contain the analysis and recommendations of the Commission; and ``(B) comment on the overall competitiveness of the United States economy, including the report described in section 5208; and ``(12) submit an annual report to the President and to the Congress on the activities of the Commission.''. SEC. 4. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION. Section 5206 of the National Competitiveness Commission Act (15 U.S.C. 4805) is amended-- (1) in subsection (a)(1), by striking ``GS-18 of the General Schedule'' and inserting ``the maximum rate payable under section 5376 of title 5, United States Code''; (2) in subsection (b)-- (A) by striking paragraph (1); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting before paragraph (3), as redesignated, the following: ``(1) Full-time staff.--The Executive Director may appoint such officers and employees as may be necessary to carry out the functions of the Commission in accordance with the Federal civil service and classification laws, and fix compensation in accordance with the provisions of title 5, United States Code. ``(2) Temporary staff.--The Executive Director may appoint such employees as may be necessary to carry out the functions of the Commission for a period of not more than 1 year, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, at rates not to exceed the maximum rate payable under section 5376 of title 5, United States Code.''; and (3) in subsection (c), by striking ``GS-16 of the General Schedule'' and inserting ``the maximum rate payable under section 5376 of title 5, United States Code.''. SEC. 5. POWERS OF THE COMMISSION. Section 5207 of the National Competitiveness Commission Act (15 U.S.C. 4806) is amended-- (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: ``(g) Contracting Authority.--Within the limitation of appropriations to the Commission, the Commission may enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of carrying out its duties under this subtitle.''. SEC. 6. REPORTING REQUIREMENTS. Section 5208 of the National Competitiveness Commission Act (15 U.S.C. 4807) is amended-- (1) by striking the caption and inserting the following: ``SEC. 5208. ANNUAL PUBLICATION OF ANALYSIS AND RECOMMENDATIONS.''; (2) in subsection (a)-- (A) by striking the subsection heading and inserting ``(a) Publication of Analysis and Recommendations.--''; and (B) by striking ``on'' and inserting ``not later than''; and (3) by adding at the end the following: ``(d) Other Reports.--The Commission may submit to the President and the Congress such other reports containing analyses and recommendations as the Commission deems necessary.''. SEC. 7. REFERENCES IN FEDERAL LAW. (a) Competitiveness Policy Council.--Any reference in Federal law to the Competitiveness Policy Council shall be construed to be a reference to the National Competitiveness Commission. (b) Competitiveness Policy Council Act.--Any reference in Federal law to the Competitiveness Policy Council Act shall be construed to be a reference to the National Competitiveness Commission Act. Passed the House of Representatives November 21, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Amends the Competitiveness Policy Council Act to rename it and to: (1) change the name of the Competitiveness Policy Council to the National Competitiveness Commission (Commission); and (2) reauthorize and extend the Commission. Amends the National Competitiveness Commission Act (as renamed) to make technical changes with respect to Commission duties, powers, staff, and reporting requirements.

To amend the Competitiveness Policy Council Act to provide for reauthorization, to rename the Council, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superior National Forest Land Adjustment Act of 2007''. SEC. 2. FINDINGS AND DEFINITIONS. (a) Findings.--The Congress finds the following: (1) Fragmentation of property rights on certain lands within and adjacent to the Superior National Forest in Minnesota hampers the ability of private mineral owners to utilize their mineral rights and the ability of the Forest Service to manage associated forested areas. (2) The United States primarily owns the surface rights in the lands described in section 3, subject to reserved and outstanding mineral rights. (3) The public interest in selling the federally owned lands described in section 3 outweighs the interest served by maintaining such lands under Federal ownership. (4) The sale of some Federal surface and subsurface rights in lands under this Act will facilitate mining in the areas described in section 3, improving the economy of the United States by providing employment and needed mineral resources. (5) Minnesota and the Army Corps of Engineers, in cooperation with the Forest Service, are preparing an environmental impact statement for proposed mining operations by Poly Met Mining, Inc., on and adjacent to the lands authorized for conveyance by this Act, and the scope of the environmental impact statement is more fully described in a Federal Register notice dated July 1, 2005 (70 Fed. Reg. 38122). (6) Proceeds from the sale of lands authorized by this Act will be used by the Forest Service to purchase desirable private inholdings within and adjacent to the Superior National Forest. (b) Definitions.--In this Act: (1) The term ``lands'' includes interests in lands. (2) The term ``Secretary'' means the Secretary of Agriculture. (3) The term ``surface mining'' means the excavation of lands for the purposes of obtaining minerals, including excavation methods such as contour, strip, auger, open pit, and area mining. SEC. 3. LAND CONVEYANCE AUTHORITY, SUPERIOR NATIONAL FOREST, MINNESOTA. (a) Conveyance Authority.--The Secretary of Agriculture may sell any or all right, title, and interest of the United States in and to the lands within the Superior National Forest in Minnesota described in subsection (b). (b) Lands Authorized for Conveyance.-- (1) Lands described.--The federally owned lands subject to sale under this Act are certain lands located in St. Louis County, Minnesota, comprising approximately 6,700 acres, more fully described as follows: (A) Township 59 North, Range 13 West, 4th Principal Meridian: (i) Sections 1 through 9, inclusive. (ii) Sections 10, 11, 17, and 18, those portions lying north of and subject to the right-of-way held by the Erie Railroad. (iii) The N\1/2\ of section 12. (B) Township 59 North, Range 12 West, 4th Principal Meridian: (i) Section 6: Lots 3, 4, and 9, inclusive. (ii) Section 7: Lots 3 and 4, inclusive. (C) Township 60 North, Range 13 West, 4th Principal Meridian: (i) The S\1/2\SE\1/4\ of section 33. (ii) The S\1/2\S\1/2\ of section 34. (iii) The S\1/2\S\1/2\ of section 35. (2) Map.--The lands described in paragraph (1) are generally depicted on a Forest Service map dated October 4, 2007, and entitled ``PolyMet (Proponent) Case #4544'', which shall be on file and available for public inspection in the office of the Forest Supervisor, Superior National Forest, until such time as the lands are conveyed. (3) Modification of boundaries.--The Secretary may modify the boundaries of the lands described in paragraph (1) based on factors such as buffers and other land management considerations. (c) Form of Conveyance.--The lands sold under this Act shall be conveyed by quitclaim deed executed by the Forest Service, Eastern Region, Director of Air, Soil, Water, Lands, and Minerals. The Secretary may reserve such rights-of-way or other rights or interests in the lands as the Secretary considers necessary for future management purposes or is otherwise in the public interest. (d) Valuation.--Any appraisal of the lands to be sold under this Act shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions, and the appraisal shall be subject to the approval of the Secretary. For purposes of appraisal, the lands authorized for conveyance under this Act include the right of the surface owner to allow or deny all forms of surface mining. (e) Consideration.--Consideration for a sale of lands under this Act shall be in an amount not less than the appraised market value. (f) Method of Sale.--The Secretary may sell lands described in subsection (b) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interests of the United States, subject to the following: (1) The Secretary shall first offer the sale of such lands for consideration at the appraised market value to Poly Met Mining, Inc., a Minnesota corporation, which shall have 90 days from the date of the offer during which to contract for the purchase of such lands. (2) During the 90 days period referred to in paragraph (1), the Secretary shall not offer to sell such lands to any party other than Poly Met Mining, Inc. (3) In the offer under paragraph (1), the Secretary shall require Poly Met Mining, Inc., to cover the reasonable costs of survey, appraisal, and other expenditures directly associated with the proposed sale. (4) The Secretary may reject any counteroffer made by Poly Met Mining, Inc., in response to the offer of the Secretary under paragraph (1) if the Secretary determines that the counteroffer is inadequate or is not in the public interest. (g) Brokers.--The Secretary may utilize brokers or other third parties in the disposition of the lands authorized by this Act and, from the proceeds of a sale, may pay reasonable commissions or fees. SEC. 4. TREATMENT OF PROCEEDS. (a) Deposit.--The Secretary shall deposit the proceeds of a sale authorized by this Act in the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (b) Availability.--Amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of lands within and adjacent to the Superior National Forest. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Wetlands Offset.--For purposes of compliance with Executive Order 11990 (May 24, 1977; 42 Fed. Reg. 26961) and Executive Order 11988 (May 24, 1977; 42 Fed. Reg. 26951), the Secretary shall offset the loss of wetlands from any sale under this Act by the acquisition of wetlands within and adjacent to the Superior National Forest within ten years after the date of the final conveyance of lands under this Act. (b) Environmental Analysis Requirement.-- (1) For conveyances authorized by this Act, the Secretary shall assume that the future use of the lands so conveyed will be for surface mining. (2) For conveyances authorized by this Act, the ongoing preparation of an environmental impact statement by the Army Corps of Engineers referenced in section 2(a)(5) shall be considered sufficient disclosure and documentation of environmental effects as required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and regulations promulgated thereunder. (3) Conveyances authorized under this Act shall not be delayed pending completion of the environmental impact statement referenced in section 2(a)(5). (c) Inapplicable Law.--Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) shall not apply to the conveyances authorized by this Act. (d) Administrative Appeal.--There shall be no administrative appeal for any actions taken by the Secretary in furtherance of the sales authorized by this Act. (e) Deadline for Sale of Lands.--To the extent practicable, the sale of lands authorized by this Act shall be completed within 180 days after the enactment of this Act.

Superior National Forest Land Adjustment Act of 2007 - Authorizes the Secretary of Agriculture to sell certain lands in Superior National Forest in Minnesota. Requires: (1) consideration for a sale of lands to be not less than the appraised market value of those lands; and (2) the first offer for the sale of the lands under this Act to be made to Poly Met Mining, Inc.

To authorize the sale of certain National Forest System lands in the Superior National Forest in Minnesota.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cold War Victory Medal Act''. SEC. 2. FINDINGS. (a) In General.--Congress finds the following: (1) The United States Armed Forces engaged the forces of international communism from September 2, 1945, the end of World War II, through December 26, 1991, the date of the disintegration of the former Soviet Union. (2) During that extended period, the United States relied for the security of the Nation and its interests on the performance by the Armed Forces of their obligation to serve and defend the United States. (3) The defeat of the former Soviet Union and its Warsaw Pact allies constituted the greatest success of the Armed Forces since the end of World War II. (4) Many members of the Armed Forces who served the Nation during the prolonged period of the Cold War have not received the tangible recognition that they are due for that service. (b) Reaffirmation of Prior Findings.--Congress reaffirms the findings in section 1084 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. note prec. 1121; 111 Stat. 1919-1920), which commended members of the Armed Forces and Government civilian personnel who served during the Cold War, and notes that that section provided for the issuance of a certificate of recognition for those members and personnel. SEC. 3. COLD WAR VICTORY MEDAL. (a) Authority.--Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1134. Cold War Victory Medal ``(a) Medal Authorized.--The Secretary concerned shall issue a service medal, to be known as the `Cold War Victory Medal', to persons eligible to receive the medal under subsection (b). The Cold War Victory Medal shall be of an appropriate design approved by the Secretary of Defense, with ribbons, lapel pins, and other appurtenances. ``(b) Eligible Persons.--The following persons are eligible to receive a Cold War Victory Medal: ``(1) A person who-- ``(A) performed active duty or inactive duty training as an enlisted member during the Cold War; ``(B) completed the person's initial term of enlistment or, if discharged before completion of such initial term of enlistment, was honorably discharged after completion of not less than 180 days of service on active duty; and ``(C) has not received a discharge less favorable than an honorable discharge or a release from active duty with a characterization of service less favorable than honorable. ``(2) A person who-- ``(A) performed active duty or inactive duty training as a commissioned officer or warrant officer during the Cold War; ``(B) completed the person's initial service obligation as an officer or, if discharged or separated before completion of such initial service obligation, was honorably discharged after completion of not less than 180 days of service on active duty; and ``(C) has not been released from active duty with a characterization of service less favorable than honorable and has not received discharge or separation less favorable than an honorable discharge. ``(c) One Medal Authorized.--Not more than one Cold War Victory Medal may be issued to or on behalf of any person described in subsection (b). ``(d) Issuance to Representative of Deceased.--If a person described in subsection (b) dies before being issued a Cold War Victory Medal, the medal shall be presented to the person's representative, as designated by the Secretary concerned. ``(e) Replacement.--Under regulations prescribed by the Secretary concerned, a Cold War Victory Medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced without charge. ``(f) Application for Medal.--The Secretary concerned shall issue a Cold War Victory Medal to or on behalf of a person described in subsection (b) upon receipt by the Secretary concerned of an application for such medal, submitted in accordance with such regulations as the Secretary prescribes. ``(g) Uniform Regulations.--The Secretary of Defense shall ensure that regulations prescribed under this section by the Secretaries of the military departments are uniform so far as is practicable. ``(h) Definition.--In this section, the term `Cold War' means the period beginning on September 2, 1945, and ending on December 26, 1991.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1134. Cold War Victory Medal.''.

Cold War Victory Medal Act - Directs the Secretary of the military department concerned, upon application, to issue Cold War Victory service medals to military personnel who served honorably during the Cold War era (September 2, 1945, through December 26, 1991).

To amend title 10, United States Code, to provide for the issuance of a military service medal to each member of the Armed Forces who served honorably during the Cold War, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Non-Proliferation Policy Act of 1998''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States has been a leader in seeking to contain the spread of nuclear weapons technology and materials. (2) With the end of the Cold War and the breakup of the Soviet Union, the proliferation of nuclear weapons, especially in countries in unstable regions, is now one of the leading military threats to the national security of the United States and its allies. (3) The United Nations Security Council declared on January 31, 1992, that ``proliferation of all weapons of mass destruction constitutes a threat to international peace and security'' and committed to taking appropriate action to prevent proliferation from occurring. The establishment of the United Nations Special Commission on Iraq was an important precedent to that end. (4) Aside from the 5 declared nuclear weapon states, a number of other nations have or are pursuing nuclear weapons capabilities. (5) Regional nuclear arms races pose perhaps the most likely prospect for the future use of nuclear weapons. (6) Deteriorating conditions at nuclear weapons complex sites and nuclear bases in Russia have raised concerns about Russia's ability to track its nuclear materials and account for its nuclear weapons. This has increased the threat of nuclear proliferation by creating the possibility that weapons, materials, equipment, plans, or experts could fall into the hands of potential proliferators. (7) Belarus signed the Nuclear Non-Proliferation Treaty, as a non-nuclear weapon state, on July 23, 1993, Kazakhstan on February 14, 1994, and Ukraine on December 5, 1994. (8) Iraq had a substantial, clandestine nuclear weapons program which went undetected by the International Atomic Energy Agency (IAEA) inspection process and was greatly assisted by dual-use exports from western countries, including the United States. (9) In October 1994, North Korea and the United States signed an agreement to exchange North Korea's existing nuclear reactors and reprocessing equipment for modern light water reactor technology that is somewhat less suited to making bombs. However, North Korea's history of pursuing nuclear weapons capability, and the potential for political and economic crisis on the peninsula, render North Korea an area for nuclear proliferation concern. (10) Brazil and Argentina had substantial programs to build nuclear weapons and South Africa has admitted developing and building 6 nuclear weapons, but in response to reduced regional tensions and other factors, all 3 countries have renounced nuclear weapons and accepted IAEA safeguards for all of their nuclear facilities, and all 3 countries have acceded to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states. (11) United States security interests and current policy and practices are consistent with the terms of the South Pacific Nuclear Free Zone Treaty which, like nuclear weapons free zones in Latin America, South Asia, the Middle East, and Africa that the United States supports, can contribute to efforts to avoid regional conflicts and prevent arms races. In 1996, the United States signed the South Pacific Nuclear Free Zone Treaty and the African Nuclear Weapons Free Zone Treaty. (12) The IAEA is a valuable tool to counter proliferation, and has taken steps to strengthen its safeguard system through its Strengthened Safeguards System program, but the effectiveness of its system to safeguard nuclear materials may be adversely affected by institutional and financial constraints. (13) The United States supports a policy of immobilizing some plutonium as an energy source and mixing some with low- enriched uranium as fuel that can be burned in commercial nuclear energy reactors. (14) Plutonium being drawn from dismantled nuclear warheads creates new challenges of storage and disposal and, if in the wrong hands, could be converted into fuel for nuclear warheads. (15) The Nuclear Non-Proliferation Treaty, which codifies world consensus against further nuclear proliferation, has been extended indefinitely, and additional steps should be taken to strengthen the international nuclear nonproliferation regime. (16) The Nuclear Non-Proliferation Act of 1978 declared that the United States is committed to continued strong support for the Nuclear Non-Proliferation Treaty and to a strengthened and more effective IAEA, and provided that it is United States policy to establish more effective controls over the transfer of nuclear equipment, materials, and technology. (17) The goal of the United States is to end the further spread of nuclear weapons capability, roll back nuclear proliferation where it has occurred, and prevent the use of nuclear weapons anywhere in the world. To that end the United States should adopt a comprehensive nuclear nonproliferation policy. SEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY. In order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be the policy of the United States to pursue the following objectives: (1) Reach a verifiable agreement with the Russian Federation to place all fissile materials from such weapons under bilateral or international controls, or both. (2) Ratify the Comprehensive Nuclear Test Ban Treaty by the end of calendar year 1998, and press North Korea, India, and Pakistan to sign that treaty. (3) Reach a verifiable agreement with the Russian Federation to end the production of new types of nuclear warheads. (4) Begin formal negotiations to reach a verifiable multilateral agreement to reduce the strategic nuclear arsenals of the United States and the Russian Federation to within a range of 2,000 to 2,500 each, with lower levels for the United Kingdom, France, and the People's Republic of China. (5) Conclude additional enforceable multilateral agreements to significantly and continuously reduce the nuclear arsenals of all countries through a stage-by-stage process. (6) Reach an immediate multilateral agreement with Nuclear Nonproliferation Treaty member states to halt permanently the production of weapons usable fissile materials, and achieve worldwide agreements to-- (A) end by January 1, 2008, the production of fissile materials for any purpose; (B) place existing stockpiles of such materials under bilateral or international controls; and (C) require all countries to place all of their nuclear facilities dedicated to peaceful purposes under IAEA safeguards. (7) Strengthen IAEA safeguards to more effectively verify that countries are complying with their nonproliferation commitments and provide the IAEA with the political, technical, and financial support necessary to implement the necessary safeguard reforms. (8) Strengthen nuclear and dual-use export controls in the United States and other nuclear supplier nations, impose sanctions on individuals, companies, and countries which contribute to nuclear proliferation, provide increased public information on nuclear export licenses approved in the United States, and ratify the model protocol of the IAEA's Strengthened Safeguards System program. (9) Reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions and to strengthen regional security agreements, and encourage the United Nations Security Council to increase its role in enforcing international nuclear nonproliferation agreements. (10) Conclude a separate agreement with the other nuclear weapon states to adopt a policy of ``no first use'' and to assist immediately any country which is a party to the Nuclear Non-Proliferation Treaty should the use of nuclear weapons be initiated against such country. (11) Conclude a verifiable bilateral agreement with the Russian Federation under which both countries withdraw from their arsenals and dismantle all tactical nuclear weapons, and seek to extend to all nuclear weapon states this zero option for tactical nuclear weapons. (12) Ratify the South Pacific Nuclear Free Zone Treaty and the African Nuclear Weapons Free Zone Treaty. (13) Continue to monitor North Korea's activities relating to replacing its nuclear reactors with light water reactors to ensure that North Korea does not resume its weapons development program. (14) Begin formal negotiations on START III between the United States and the Russian Federation before START II enters into force. SEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY. Not later than 180 days after the date of the enactment of this Act, and not later than February 1 of each year thereafter, the President shall submit to the Congress a report on-- (1) the actions the United States has taken during the preceding 12-month period and the actions the United States plans to take during the succeeding 12-month period to implement each of the policy objectives set forth in this Act; (2) actions which have been taken by the Russian Federation, by the other former Soviet republics, and by other countries and institutions to achieve those policy objectives; and (3) obstacles that have been encountered in seeking to implement those policy objectives. Each such report shall be submitted in unclassified form, with a classified appendix if necessary. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``fissile materials'' means highly enriched uranium and plutonium; (2) the term ``highly enriched uranium'' means uranium enriched to 20 percent or more in the isotope U-235; (3) the term ``IAEA'' means the International Atomic Energy Agency; (4) the term ``IAEA safeguards'' means the safeguards set forth in an agreement between a country and the IAEA, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency; (5) a policy of ``no first use'' of nuclear weapons means a commitment not to be the first to use nuclear weapons in a conflict; (6) the term ``non-nuclear weapon state'' means any country that has not acquired nuclear weapons or their components; (7) the term ``Nuclear Non-Proliferation Treaty'' means the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; (8) the term ``nuclear weapon state'' means any country that is a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; (9) the term ``START I treaty'' means the Treaty on the Reduction of Strategic Offensive Arms, signed by the United States and the Union of Soviet Socialist Republics on July 31, 1991; (10) the term ``START II treaty'' means the Treaty on Further Reductions and Limitations of Strategic Offensive Arms, signed by the United States and the Russian Federation on January 3, 1993; and (11) the term ``START III treaty'' means the Treaty on Further Reductions and Limitations of Strategic Offensive Arms, as discussed between President Clinton and President Yeltsin at the summit meeting held in Helsinki, Finland in March of 1997.

Nuclear Non-Proliferation Policy Act of 1998 - Provides that, in order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be U.S. policy to pursue certain nuclear nonproliferation objectives, including: (1) reaching a verifiable agreement with the Russian Federation to place all fissile materials from nuclear weapons under bilateral or international controls, or both, and end the production of new types of nuclear warheads; (2) ratifying the Comprehensive Nuclear Test Ban Treaty (calling on North Korea, India, and Pakistan to sign such treaty) and the South Pacific Nuclear Free Zone and the African Nuclear Weapons Free Zone Treaties; (3) beginning formal negotiations to reach a verifiable multilateral agreement to reduce the strategic nuclear arsenals of the United States and the Russian Federation to within specified ranges, with lower levels for the United Kingdom, France, the People's Republic of China, and other countries with nuclear arsenals; (4) reaching an immediate multilateral agreement with Nuclear Nonproliferation Treaty member states to halt permanently the production of weapons usable fissile materials and place existing stockpiles of such materials under bilateral or international controls; (5) strengthening International Atomic Energy Agency safeguards to verify that countries are complying with their nonproliferation commitments; (6) strengthening U.S. nuclear and dual-use export controls; and (7) beginning formal negotiations on START III between the United States and the Russian Federation before START II becomes effective. Directs the President to report annually to the Congress on implementation of the policy objectives.

Nuclear Non-Proliferation Policy Act of 1998

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Abandoned Hardrock Mines Reclamation Funding Act''. (b) Findings.--The Congress finds the following: (1) Through various laws and policies, including the Act of May 10, 1872 (commonly known as the General Mining Law of 1872; 30 U.S.C. 22 et seq.), the Federal Government has encouraged the development of gold, silver, and other mineral resources, especially in the western States, and development of these resources has helped create a strong economy and provided needed materials for many critical products and services. (2) However, historically mining activities have occurred in recurrent cycles of ``boom'' followed by ``bust'', with many mines left inactive or abandoned at the end of each cycle. (3) As a result of this history, the United States has been left an unwelcome legacy of inactive or abandoned mines, including thousands of such mines in the western States. (4) Many of these inactive or abandoned mines pose safety hazards to the public, and the drainage and runoff from such mines has damaged thousands of stream miles to the detriment of water quality, particularly in several western States. (5) The environmental cleanup of these inactive or abandoned mines is hampered by lack of funding. Federal and State agencies and Indian tribes are often unable to afford to make cleanup of these mine sites a high priority. (6) It is in the national interest to facilitate the cleanup of inactive or abandoned mines through appropriate legislation that reduces this obstacle. (c) Purpose.--The purpose of this Act is to facilitate cleanup of inactive and abandoned mine sites by establishing a source of funding for that purpose. SEC. 2. DEFINITIONS. In this Act: (1) The term ``gross proceeds'' means the value of any extracted hardrock mineral that was-- (A) sold; (B) exchanged for any thing or service; (C) removed from the country in a form ready for use or sale; or (D) initially used in a manufacturing process or in providing a service. (2) The term ``net proceeds'' means gross proceeds less the sum of the following deductions: (A) The actual cost of extracting the mineral. (B) The actual cost of transporting the mineral to the place or places of reduction, refining, and sale. (C) The actual cost of reduction, refining, and sale. (D) The actual cost of marketing and delivering the mineral and the conversion of the mineral into money. (E) The actual cost of maintenance and repairs of-- (i) all machinery, equipment, apparatus, and facilities used in the mine; (ii) all milling, refining, smelting and reduction works, plants and facilities; and (iii) all facilities and equipment for transportation. (F) The actual cost of fire insurance on such machinery, equipment, apparatus, works, plants, and facilities. (G) Depreciation of the original capitalized cost of such machinery, equipment, apparatus, works, plants, and facilities. (H) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees. (I) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit. (J) All royalties and severance taxes paid to the Federal Government or State governments. (3) The term ``hardrock minerals'' means any mineral other than a mineral that would be subject to disposition under any of the following laws if located on land subject to the general mining laws: (A) The Mineral Leasing Act (30 U.S.C. 181 et seq.). (B) The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (C) The Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 et seq.). (D) The Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.). (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``patented mining claim'' means an interest in land which has been obtained pursuant to sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, or section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims. (6) The term ``general mining laws'' means those provisions of law that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code. (7) The term ``Fund'' means the Abandoned Minerals Mine Reclamation Fund. SEC. 3. SOURCE OF REVENUES FOR ABANDONED MINE CLEANUP. (a) Reclamation Fee.-- (1) Fee imposed.--Any person producing hardrock minerals from a mine within an unpatented mining claim or a mine on land that was patented under the general mining laws shall pay a reclamation fee to the Secretary under this section. (2) Fee as percentage of net proceeds.--The amount of the fee under this section shall be equal to a percentage of the net proceeds derived from the mine. The percentage shall be based upon the ratio of the net proceeds to the gross proceeds related to mineral production from the mine in accordance with the following table: Net proceeds as percentage Rate of fee as percentage of gross proceeds of net proceeds Less than 10........................................... 2.00 10 or more but less than 18............................ 2.50 18 or more but less than 26............................ 3.00 26 or more but less than 34............................ 3.50 34 or more but less than 42............................ 4.00 42 or more but less than 50............................ 4.50 50 or more............................................. 5.00 (b) Exemption.--Gross proceeds of less than $500,000 from minerals produced in any calendar year shall be exempt from the reclamation fee under this section for that year if such proceeds are from one or more mines located in a single patented claim or on two or more contiguous patented claims. (c) Payment.--The amount of all fees payable under this section for any calendar year shall be paid to the Secretary within 60 days after the end of such year. (d) Deposit of Revenues.--The Secretary shall deposit amounts received under subsection (c) in the Abandoned Minerals Mine Reclamation Fund. (e) Relation to State Fees.--Nothing in this Act shall be construed to require a reduction in, or otherwise affect, a similar fee provided for under State law. (f) Reduction of Fees.--The Secretary shall reduce a fee required by this section by an amount equal to a royalty paid pursuant to an Act of Congress that provides for crediting to the Fund of royalties paid to the Secretary with respect to production of hardrock minerals. (g) Effective Date.--This section shall take effect with respect to hardrock minerals produced after December 31, 2004, except that subsection (f) shall take effect one year after the date of the enactment of the law described in such subsection. SEC. 4. ABANDONED MINERALS MINE RECLAMATION FUND. (a) Establishment.-- (1) In general.--There is established in the Treasury of the United States an interest-bearing fund to be known as the Abandoned Minerals Mine Reclamation Fund. The Fund shall be administered by the Secretary. (2) Investment.--The Secretary shall notify the Secretary of the Treasury as to what portion of the Fund is not, in the Secretary's judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the Fund in public debt securities with maturities suitable for the needs of such Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturities. The income on such investments shall be credited to, and form a part of, the Fund. (3) Administration.--The Secretary shall use the existing Federal program for abandoned mine reclamation authorized by title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) to administer the Fund and for making expenditures from the Fund. (b) Use and Objectives of the Fund.-- (1) In general.--Amounts in the Fund shall be available to the Secretary, without further appropriation and until expended, to perform or support reclamation and restoration activities affecting eligible areas, including any of the following: (A) Reclamation and restoration of abandoned surface mined areas. (B) Reclamation and restoration of abandoned milling and processing areas. (C) Sealing, filling, and grading abandoned deep mine entries. (D) Planting of land adversely affected by past mining to prevent erosion and sedimentation. (E) Prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage. (F) Control of surface subsidence due to abandoned deep mines. (2) Methods of use.--Subject to the special disbursement requirements of subsection (g), amounts in the Fund may be expended directly by the Secretary or by making grants to approved State reclamation programs, as described in subsection (d). The Secretary shall consult and coordinate with eligible States on those projects funded directly or in conjunction with other Federal agencies. (c) Eligible Areas.--Reclamation expenditures under this section shall be made only in States described in subsection (e) and shall be used only for the reclamation of lands (and related waters)-- (1) that were, but are no longer, actively mined for hardrock minerals (and not in temporary shutdown) as of the date of the enactment of this Act; (2) that are not identified for remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and for which there is no identifiable owner or operator for the mine or mine facilities; (3) that are not designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.); and (4) for which no evidence exists that the lands contain minerals that economically could be extracted through the mining, reprocessing, or remining of the lands. (d) Eligible States.-- (1) Eligibility requirements.--Except as provided in paragraph (2), expenditures from the Fund shall be made only for reclamation of lands and water in States that-- (A) contain lands subject to the general mining laws; and (B) have completed a statewide inventory of abandoned hardrock sites within the State eligible to receive funding under this Act. (2) Inventory funding.--A State that contains lands subject to the general mining laws, but that has not completed a statewide inventory as described in paragraph (1)(B), may receive grants not exceeding $2,000,000 annually to assist in the completion of the required inventory. (3) Approved state reclamation programs.--In the case of a State described in paragraph (1), the Secretary may make expenditures from the Fund to the State for a State reclamation program that meets the requirements of section 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235) and is applicable to hardrock mining. (4) States without approved programs.--If a State described in paragraph (1) does not have an approved State program under section 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235) that is applicable to hardrock mining, the Secretary may provide funds to the State after the Secretary determines that the State has authority to implement a hardrock abandoned mine land program, and that State authority, at a minimum, includes the establishment of a State reclamation plan for abandoned hardrock mines and clear authorization for the administration and expenditure of funds for eligible areas described in subsection (c). (e) Priorities.--Expenditures from the Fund shall reflect the following priorities, in the following order of priority: (1) Extreme danger.--Protection of public health, safety, general welfare, and property from extreme danger of adverse effects of past mining activity. (2) Adverse effects.--Protection of public health, safety, general welfare, and property from the adverse effects of past mineral activity, including the restoration of land, water, and fish and wildlife resources degraded by the adverse effects of past mining activity. (f) Eligible Remediating Parties.--The Secretary may authorize expenditures from the Fund for remediation activities conducted by a Federal agency or by remediating parties who are permittees under the abandoned or inactive mine land waste remediation permit program, as provided for in section 402(r) of the Federal Water Pollution Control Act (33 U.S.C. 1342(r)). (g) Special Disbursement Requirements.-- (1) Set-aside.--Of the funds collected under section 3 with regard to a mine for a calendar year and deposited in the Fund-- (A) 25 percent shall be expended in the eligible State in which the mine is located, pursuant to an approved abandoned mine land reclamation program under subsection (d)(3); and (B) 50 percent shall be expended in the eligible States based on each eligible State's percentage of the value of total national hardrock mineral production during the years 1900 through 1980, which the Secretary shall determine using United States Geological Survey Minerals Yearbooks and published metal prices. (2) Release.--If funds allocated pursuant to paragraph (1)(A) have not been expended within three years after collection, the Secretary shall make such funds available to other eligible States as determined appropriate by the Secretary.

Abandoned Hardrock Mines Reclamation Funding Act - Requires any person producing hardrock minerals from a mine within an unpatented mining claim or a mine on land that was patented under the general mining laws to pay a reclamation fee to the Secretary of the Interior. Requires the fee amount to be equal to a percentage of the net proceeds derived from the mine, with the percentage based upon the ratio of the net proceeds to the gross proceeds related to mineral production in accordance with a specified table. Exempts gross proceeds of less than $500,000 from minerals produced in any calendar year from the fee for that year if such proceeds are from mines located in a single patented claim or on two or more contiguous patented claims. Requires the Secretary to: (1) deposit amounts received into the Abandoned Minerals Mine Reclamation Fund (established by this Act); and (2) reduce a fee required by this Act by an amount equal to a royalty paid pursuant to an Act of Congress that provides for crediting to the Fund royalties paid to the Secretary regarding hardrock mineral production. Lists permissible uses of the Fund, including: (1) the reclamation and restoration of abandoned surface mined areas; (2) the planting of land adversely affected by past mining to prevent erosion and sedimentation; (3) the prevention, abatement, treatment, and control of water pollution created by abandoned mine drainage; and (4) the control of surface subsidence due to abandoned deep mines.

To provide a source of funding for the reclamation of abandoned hardrock mines, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Health Workers Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Chronic diseases, defined as any condition that requires regular medical attention or medication, are the leading cause of death and disability for women in the United States across racial and ethnic groups. (2) According to the National Vital Statistics Report of 2001, the 5 leading causes of death among Hispanic, American Indian, and African-American women are heart disease, cancer, diabetes, cerebrovascular disease, and unintentional injuries. (3) Unhealthy behaviors alone lead to more than 50 percent of premature deaths in the United States. (4) Poor diet, physical inactivity, tobacco use, and alcohol and drug abuse are the health risk behaviors that most often lead to disease, premature death, and disability, and are particularly prevalent among many groups of minority women. (5) Over 60 percent of Hispanic and African-American women are classified as overweight and over 30 percent are classified as obese. Over 60 percent of American Indian women are classified as obese. (6) American Indian women have the highest mortality rates related to alcohol and drug use of all women in the United States. (7) High poverty rates coupled with barriers to health preventive services and medical care contribute to racial and ethnic disparities in health factors, including premature death, life expectancy, risk factors associated with major diseases, and the extent and severity of illnesses. (8) There is increasing evidence that early life experiences are associated with adult chronic disease and that prevention and intervention services provided within the community and the home may lessen the impact of chronic outcomes, while strengthening families and communities. (9) Community health workers, who are primarily women, can be a critical component in conducting health promotion and disease prevention efforts in medically underserved populations. (10) Recognizing the difficult barriers confronting medically underserved communities (poverty, geographic isolation, language and cultural differences, lack of transportation, low literacy, and lack of access to services), community health workers are in a unique position to reduce preventable morbidity and mortality, improve the quality of life, and increase the utilization of available preventive health services for community members. (11) Research has shown that community health workers have been effective in significantly increasing screening and medical follow-up visits among residents with limited access or underutilization of health care services. (12) States on the United States-Mexico border have high percentages of impoverished and ethnic minority populations: border States accommodate 60 percent of the total Hispanic population and 23 percent of the total population below 200 percent poverty in the United States. SEC. 3. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN. ``(a) Grants Authorized.--The Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention and other Federal officials determined appropriate by the Secretary, is authorized to award grants to States or local or tribal units, to promote positive health behaviors for women in target populations, especially racial and ethnic minority women in medically underserved communities. ``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used to support community health workers-- ``(1) to educate, guide, and provide outreach in a community setting regarding health problems prevalent among women and especially among racial and ethnic minority women; ``(2) to educate, guide, and provide experiential learning opportunities that target behavioral risk factors including-- ``(A) poor nutrition; ``(B) physical inactivity; ``(C) being overweight or obese; ``(D) tobacco use; ``(E) alcohol and substance use; ``(F) injury and violence; ``(G) risky sexual behavior; and ``(H) mental health problems; ``(3) to educate and guide regarding effective strategies to promote positive health behaviors within the family; ``(4) to educate and provide outreach regarding enrollment in health insurance including the State Children's Health Insurance Program under title XXI of the Social Security Act, medicare under title XVIII of such Act, and medicaid under title XIX of such Act; ``(5) to promote community wellness and awareness; and ``(6) to educate and refer target populations to appropriate health care agencies and community-based programs and organizations in order to increase access to quality health care services, including preventive health services. ``(c) Application.-- ``(1) In general.--Each State or local or tribal unit (including federally recognized tribes and Alaska native villages) that desires to receive a grant under subsection (a) shall submit an application to the Secretary, at such time, in such manner, and accompanied by such additional information as the Secretary may require. ``(2) Contents.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; ``(B) contain an assurance that with respect to each community health worker program receiving funds under the grant awarded, such program provides training and supervision to community health workers to enable such workers to provide authorized program services; ``(C) contain an assurance that the applicant will evaluate the effectiveness of community health worker programs receiving funds under the grant; ``(D) contain an assurance that each community health worker program receiving funds under the grant will provide services in the cultural context most appropriate for the individuals served by the program; ``(E) contain a plan to document and disseminate project description and results to other States and organizations as identified by the Secretary; and ``(F) describe plans to enhance the capacity of individuals to utilize health services and health- related social services under Federal, State, and local programs by-- ``(i) assisting individuals in establishing eligibility under the programs and in receiving the services or other benefits of the programs; and ``(ii) providing other services as the Secretary determines to be appropriate, that may include transportation and translation services. ``(d) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to those applicants-- ``(1) who propose to target geographic areas-- ``(A) with a high percentage of residents who are eligible for health insurance but are uninsured or underinsured; ``(B) with a high percentage of families for whom English is not their primary language; and ``(C) that encompass the United States-Mexico border region; ``(2) with experience in providing health or health-related social services to individuals who are underserved with respect to such services; and ``(3) with documented community activity and experience with community health workers. ``(e) Collaboration With Academic Institutions.--The Secretary shall encourage community health worker programs receiving funds under this section to collaborate with academic institutions. Nothing in this section shall be construed to require such collaboration. ``(f) Quality Assurance and Cost-Effectiveness.--The Secretary shall establish guidelines for assuring the quality of the training and supervision of community health workers under the programs funded under this section and for assuring the cost-effectiveness of such programs. ``(g) Monitoring.--The Secretary shall monitor community health worker programs identified in approved applications and shall determine whether such programs are in compliance with the guidelines established under subsection (f). ``(h) Technical Assistance.--The Secretary may provide technical assistance to community health worker programs identified in approved applications with respect to planning, developing, and operating programs under the grant. ``(i) Report to Congress.-- ``(1) In general.--Not later than 4 years after the date on which the Secretary first awards grants under subsection (a), the Secretary shall submit to Congress a report regarding the grant project. ``(2) Contents.--The report required under paragraph (1) shall include the following: ``(A) A description of the programs for which grant funds were used. ``(B) The number of individuals served. ``(C) An evaluation of-- ``(i) the effectiveness of these programs; ``(ii) the cost of these programs; and ``(iii) the impact of the project on the health outcomes of the community residents. ``(D) Recommendations for sustaining the community health worker programs developed or assisted under this section. ``(E) Recommendations regarding training to enhance career opportunities for community health workers. ``(j) Definitions.--In this section: ``(1) Community health worker.--The term `community health worker' means an individual who promotes health or nutrition within the community in which the individual resides-- ``(A) by serving as a liaison between communities and health care agencies; ``(B) by providing guidance and social assistance to community residents; ``(C) by enhancing community residents' ability to effectively communicate with health care providers; ``(D) by providing culturally and linguistically appropriate health or nutrition education; ``(E) by advocating for individual and community health or nutrition needs; and ``(F) by providing referral and follow-up services. ``(2) Community setting.--The term `community setting' means a home or a community organization located in the neighborhood in which a participant resides. ``(3) Medically underserved community.--The term `medically underserved community' means a community identified by a State-- ``(A) that has a substantial number of individuals who are members of a medically underserved population, as defined in section 330(b)(3); and ``(B) a significant portion of which is a health professional shortage area designated under section 332. ``(4) Support.--The term `support' means the provision of training, supervision, and materials needed to effectively deliver the services described in subsection (b), reimbursement for services, and other benefits. ``(5) Target population.--The term `target population' means women of reproductive age, regardless of their current childbearing status. ``(k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2003, 2004, and 2005.''.

Community Health Workers Act of 2005 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to promote positive health behaviors for women in target populations, especially racial and ethnic minority women in medically underserved communities. Permits such funds to be used to support community health workers to: (1) educate, guide, and provide outreach regarding health problems among women and especially among racial and ethnic minority women; (2) educate, guide, and provide experiential learning opportunities that target behavioral risk factors, including poor nutrition and tobacco use; (3) educate and guide regarding effective strategies to promote positive health behaviors within the family; (4) educate and provide outreach regarding enrollment in health insurance; (5) promote community wellness and awareness; and (6) educate and refer target populations to appropriate health care agencies and community based programs and organizations. Requires the Secretary to give priority to experienced applicants who propose to target geographic areas: (1) with a high percentage of uninsured or underinsured residents who are eligible for health insurance; (2) with a high percentage of families for whom English is not their primary language; and (3) that encompass the United States-Mexico border region. Requires the Secretary to: (1) encourage community health worker programs to collaborate with academic institutions; and (2) establish guidelines for assuring the quality of the training and supervision of community health workers under programs funded under this Act and for assuring the cost-effectiveness of such programs.

To amend the Public Health Service Act to provide grants to promote positive health behaviors in women.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable and Reliable Gas Act of 2005''. SEC. 2. LIST OF FUELS. (a) List of Fuels.--Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) (as amended by the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1106)) is amended by striking the second clause (v) and inserting the following: ``(vi)(I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval would be to increase the total number of fuels approved under this paragraph as of September 1, 2004 in all State implementation plans. ``(II) The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this paragraph as of September 1, 2004, in all State implementation plans and shall publish a list of such fuels, including the states and Petroleum Administration for Defense District in which they are used, in the Federal Register no later than 90 days after enactment. ``(III) The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implementation plan or if a fuel in a State implementation plan is identical to a Federal fuel formulation implemented by the Administrator and shall reduce the total number of fuels authorized under the list published under subclause (II) appropriately. ``(IV) Subclause (I) shall not limit the Administrator's authority to approve a control or prohibition respecting any new fuel under this paragraph in a State's implementation plan or a revision to that State's implementation plan after the date of enactment of this Act if such new fuel completely replaces a fuel on the list published under subclause (II). ``(V) The Administrator shall have no authority under this paragraph, when considering any particular State's implementation plan or a revision to that State's implementation plan, to approve any fuel unless that fuel was, as of the date of such consideration, approved in at least one State implementation plan in the applicable Petroleum Administrator for Defense District. However, the Administrator may approve as part of a State implementation plan or State implementation plan revision a fuel with a summertime Reid Vapor Pressure of 7.0 psi. In no event shall such approval by the Administrator cause an increase in the total number of fuels on the list published under subclause (II) as of the date of consideration. ``(VI) Nothing in this clause shall be construed to have any effect regarding any available authority of States to require the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with subsection (b) after the enactment of this subclause. ``(vii)(I) The provisions of clause (vi), including the limitations of the authority of the Administrator and the cap on the total number of fuels permitted, shall remain in effect until the harmonization of fuels under subclause V of this clause is accomplished. Once such harmonization has been accomplished, clause (v) shall sunset and the limitations of the authority of the Administrator under subclause (IV) of this clause shall apply. ``(II) The Administrator, in coordination with the Secretary of Energy (hereinafter in this clause referred to as the `Secretary'), shall identify and publish in the Federal Register, within 12 months after the enactment of this subclause and after notice and opportunity for public comment, a list of 5 gasolines and diesel fuels to be used in States that have not received a waiver under section 209(b) of this Act. The list shall be referred to as the `Federal Fuels List' and shall include one Federal on-road diesel fuel (which shall grandfather the sulfur phase down in the Administrator's ultra low sulfur diesel fuel regulations in effect as of the date of enactment and shall permit the implementation of one alternative diesel fuel, approved under this subparagraph before enactment of this subclause for a State that has not received a section 209(b) waiver, only in the State in which it was approved prior to enactment), one conventional gasoline for ozone attainment areas, one reformulated gasoline (RFG) meeting the requirements of subsection (k), and 2 additional gasolines with Reid vapor pressure (RVP) controls for use in ozone attainment areas of varying degrees of severity. None of the fuels identified under this subclause shall control fuel sulfur or toxics levels beyond levels required by regulations of the Administrator. ``(III) Gasolines and diesel fuels shall be included on the Federal Fuels List based on the Administrator's analysis of their ability to reduce ozone emissions to assist States in attaining established ozone standards under this Act, and on an analysis by the Secretary that the adoption of the Federal Fuels List will not result in a reduction in supply or in producibility, including that caused by a reduction in domestic refining capacity as a result of the adoption of the Federal Fuels List. In the event the Secretary concludes that adoption of the Federal Fuels List will result in a reduction in supply or in producibility, the Administrator and the Secretary shall report that conclusion to Congress, and suspend implementation of this clause. The Administrator and the Secretary shall conduct the study required under section 1541(c) of the Energy Policy Act of 2005 on the timetable required in that section to provide Congress with legislative recommendations for modifications to the proposed Federal Fuels List only if the Secretary concludes that adoption of the Federal Fuels List will result in a reduction in supply or in producibility. ``(IV) Upon publication of the Federal Fuels List, the Administrator shall have no authority, when considering a State implementation plan or State implementation plan revisions, to approve under this subparagraph any fuel included in such plan or plan revision if the proposed fuel is not one of the fuels on the Federal Fuels List; or to approve a State's plan or plan revision to move from one fuel on the Federal Fuels List to another unless, after consultation with the Secretary, the Administrator publishes in the Federal Register, after notice and opportunity for public comment, a finding that, in the Administrator's judgment, such plan or plan revision to adopt a different fuel on the Federal Fuels List will not cause fuel supply or distribution disruptions in the affected area or contiguous areas. The Administrator's finding shall include an assessment of reasonably foreseeable supply or distribution emergencies that could occur in the affected area or contiguous area and how adoption of the particular fuel revisions would effect alternative supply options during reasonably foreseeable supply or distribution emergencies. ``(V) The Administrator, in consultation with the Secretary, shall develop a plan to harmonize the currently approved fuels in State implementation plans with the fuels included on the Federal Fuels List and shall promulgate implementing regulations for this plan not later than 18 months after enactment of this subclause. This harmonization shall be fully implemented by the States by December 31, 2008.''. (b) Boutique Fuels.--Section 1541 of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1106) is amended by striking subsection (c) and inserting the following: ``(c) Study and Report to Congress on Boutique Fuels.-- ``(1) Joint study.--The Administrator of the Environmental Protection Agency and the Secretary of Energy shall undertake a study of the effects on air quality, on the number of fuel blends, on fuel availability, on fuel fungibility, and on fuel costs of the State plan provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)). ``(2) Focus of study.--The primary focus of the study required under paragraph (1) shall be to determine how to develop a Federal fuels system that maximizes motor fuel fungibility and supply, preserves air quality standards, and reduces motor fuel price volatility that results from the proliferation of boutique fuels, and to recommend to Congress such legislative changes as are necessary to implement such a system. The study should include the impacts on overall energy supply, distribution, and use as a result of the legislative changes recommended. The study should include an analysis of the impact on ozone emissions and supply of a mandatory reduction in the number of fuel blends to 5, including one on- road Federal diesel fuel (which shall grandfather the sulfur phase down in the Administrator's ultra low sulfur diesel fuel regulations and shall permit the implementation of, one alternative diesel fuel, blend approved under this subparagraph before enactment of this subclause for a State that has not received a section 209(b) waiver, only in the State in which it was approved prior to enactment), one conventional gasoline for ozone attainment areas, one reformulated gasoline (RFG) meeting the requirements of subsection (k), and 2 additional gasolines blends with Reid vapor pressure (RVP) controls for use in ozone attainment areas of varying degrees of severity. ``(3) Conduct of study.--In carrying out their joint duties under this section, the Administrator and the Secretary shall use sound science and objective science practices, shall consider the best available science, shall use data collected by accepted means and shall consider and include a description of the weight of the scientific evidence. The Administrator and the Secretary shall coordinate the study required by this section with other studies required by the act and shall endeavor to avoid duplication of effort with regard to such studies. ``(4) Responsibility of administrator.--In carrying out the study required by this section, the Administrator shall coordinate obtaining comments from affected parties interested in the air quality impact assessment portion of the study. The Administrator shall use sound and objective science practices, shall consider the best available science, and shall consider and include a description of the weight of the scientific evidence. ``(5) Responsibility of secretary.--In carrying out the study required by this section, the Secretary shall coordinate obtaining comments from affected parties interested in the fuel availability, number of fuel blends, fuel fungibility and fuel costs portion of the study. ``(6) Report to congress.--The Administrator and the Secretary jointly shall submit the results of the study required by this section in a report to the Congress not later than 12 months after the date of the enactment of this Act, together with any recommended regulatory and legislative changes. Such report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. ``(7) Authorization of appropriations.--There is authorized to be appropriated jointly to the Administrator and the Secretary $500,000 for the completion of the study required under this subsection.''.

Affordable and Reliable Gas Act of 2005 - Amends the Clean Air Act (as amended by the Energy Policy Act of 2005) to: (1) require the Administrator of the Environmental Protection Agency (EPA), in coordination with the Secretary of Energy, to identify and publish in the Federal Register a list of five gasolines and diesel fuels to be used in state implementation plans (SIPs) (Federal Fuels List); (2) require an analysis of the ability of such listed fuels to reduce ozone emissions; (3) restrict the authority of the Administrator to approve fuels proposed in an SIP but not included on the Federal Fuels List; (4) require the Administrator, in consultation with the Secretary, to develop a federal-state fuel harmonization plan to be fully implemented by the states by December 31, 2008; and (5) revise requirements for the joint study of boutique fuels to require an analysis of the impact on ozone emissions and supply of a mandatory reduction to five in the number of approved fuel blends.

A bill to amend the Clean Air Act to provide for a Federal Fuels List, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Facility Fire Safety Act of 2007''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On February 26, 2003, a fire at a Hartford, Connecticut, nursing facility without an automatic fire sprinkler system claimed the lives of 16 patients, and on September 27, 2003, a fire at a Nashville, Tennessee, nursing home without an automatic fire sprinkler system claimed the lives of 15 patients. (2) The National Fire Protection Association finds no record of a multiple death fire in a nursing facility equipped with an automatic fire sprinkler system. (3) An estimated 1.5 million Americans reside in approximately 16,300 nursing facilities nationwide, an estimated 20 to 30 percent of which lack an automatic fire sprinkler system. (4) Many nursing facilities lack the financial capital to install sprinklers on their own and must consider closure as an alternative to taking on large loans or other financing options in order to install sprinklers. (5) In a July 2004 report, the GAO found that ``the substantial loss of life in the Hartford and Nashville fires could have been reduced or eliminated by the presence of properly functioning automatic sprinkler systems'' and that ``Federal oversight of nursing home compliance with fire safety standards is inadequate''. (6) Recognizing that automatic fire sprinkler systems greatly improve the chances of survival for older adults in the event of a fire, the National Fire Protection Association, with the support of the American Health Care Association, the fire safety community, and the nursing facility profession, recently adopted requirements for automatic sprinklers in all existing nursing facilities. (b) Sense of Congress.--It is the sense of Congress that-- (1) within five years, every nursing facility in America should be equipped with automatic fire sprinklers in order to ensure patient, resident, and staff safety; and (2) the Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Administrator of the Centers for Medicare & Medicaid Services should-- (A) adopt a requirement that all nursing facilities be fully sprinklered with the support of the nursing facility industry; and (B) ensure that skilled nursing facilities participating in the Medicare program comply with fire safety standards, such as those developed by the National Fire Protection Association in the 2006 Life Safety Code. SEC. 3. DIRECT LOANS FOR FIRE SPRINKLERS RETROFITS. (a) Authority.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program of direct loans to existing nursing facilities to finance the retrofit of the facilities with an automatic fire sprinkler system. Such loans shall be made under terms and conditions specified by the Secretary. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for fiscal year 2008, $100,000,000 for fiscal year 2009, $75,000,000 for fiscal year 2010, $50,000,000 for fiscal year 2011, and $25,000,000 for fiscal year 2012. SEC. 4. SPRINKLER RETROFIT ASSISTANCE GRANTS. (a) Authority.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program to award grants to nursing facilities for the purposes of retrofitting them with an automatic fire sprinkler system. Such grants shall be awarded under terms and conditions specified by the Secretary. (b) Priority.--In awarding grants under this section, the Secretary shall give a priority to applications that demonstrate a need or hardship. In determining hardship, the Secretary may take into account factors such as the number of Medicare and Medicaid patients, the age and condition of the facility, and the need for nursing facility beds in the community involved. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each fiscal years 2008 through 2012. SEC. 5. CONSULTATION AND EVALUATION OF ALTERNATIVES. (a) Consultation.--The Secretary of Health and Human Services shall consult with the Secretary of Housing and Urban Development to determine if there are loan programs or other funds available for retrofitting nursing facilities with an automatic fire sprinkler system in addition to the loans and grants authorized in this Act. (b) Evaluation of Alternative Remedial Actions.--The Secretary may evaluate, in unique circumstances, where a nursing facility may not have an adequate structure to retrofit the entire facility with an automatic fire sprinkler system within a reasonable timeframe. In such an instance, the Secretary shall work with representatives of the facility to identify other remedial actions that may include retrofitting a majority of the facility with such a system, construction timeframes for a new or remodeled facility, or other actions.

Nursing Facility Fire Safety Act of 2007 - Requires the Secretary of Health and Human Services (the Secretary) to establish programs of direct loans and grants for retrofitting nursing facilities with automatic fire sprinkler systems. Gives priority to grant applications that demonstrate a need or hardship. Requires the Secretary to consult with the Secretary of Housing and Urban Development to determine if there are loan programs or other funds available for such retrofitting. Authorizes the Secretary to evaluate where a nursing facility may not have an adequate structure to retrofit the entire facility within a reasonable timeframe and work with the facility to identify other remedial actions.

To provide loans and grants for fire sprinkler retrofitting in nursing facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Savings Account Expansion Act of 2016''. SEC. 2. ADEQUATE FUNDS FOR HEALTH INSURANCE PLANS. (a) In General.--Section 223(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``the sum of the monthly'' and all that follows through ``eligible individual'' and inserting ``$9,000 ($18,000 in the case of a joint return)''. (b) Conforming Amendments.-- (1) Subsection (b) of such Code is amended by striking paragraphs (2), (3), and (5) and by redesignating paragraphs (4), (6), (7), and (8) as paragraphs (2), (3), (4), and (5), respectively. (2) Section 223(b)(2) of such Code (as redesignated by paragraph (1)) is amended by striking the last sentence. (3) Section 223(b)(4) of such Code (as redesignated by paragraph (1)) is amended to read as follows: ``(4) Medicare eligible individuals.--The limitation under this subsection for any taxable year with respect to an individual shall-- ``(A) in the case of the first taxable year in which such individual is entitled to benefits under title XVIII of the Social Security Act, be the amount which bears the same proportion to the amount in effect under paragraph (1) with respect to such individual as-- ``(i) the number of months in the taxable year during which such individual was not so entitled, bears to ``(ii) 12, and ``(B) be zero for any taxable year thereafter.''. (4) Section 223(g)(1) of such Code is amended-- (A) in the matter preceding subparagraph (A) by striking ``Each dollar amount in subsection (b)(2)'' and inserting ``In the case of taxable years beginning after December 31, 2017, each dollar amount in subsection (b)(1)'', (B) by amending subparagraph (B) to read as follows: ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting `calendar year 2016' for `calendar year 1992'.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 3. PARITY WITH EMPLOYER-PROVIDED HEALTH INSURANCE; DIRECT PRIMARY CARE. (a) In General.--Section 223(d)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified medical expenses.-- ``(A) In general.--The term `qualified medical expenses' means, with respect to an account beneficiary, amounts paid by such beneficiary for medical care (as defined in section 213(d)) for such individual, the spouse of such individual, and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise. ``(B) Direct primary care.-- ``(i) In general.--Such term includes expenses for direct primary care service arrangements. ``(ii) Direct primary care service arrangements.--For purposes of clause (i), the term `direct primary care service arrangements' means an arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee or payment for primary care services.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 4. FREEDOM FROM MANDATE. (a) In General.--Section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 3, is amended by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (b) Conforming Amendments.-- (1) Subsection (a) of section 223 of such Code is amended to read as follows: ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction for a taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual.''. (2) Subsection (b) of section 223 of such Code (as amended by section 2) is amended by striking paragraph (5). (3) Section 223(c)(1)(A) of such Code (as redesignated by subsection (a)) is amended-- (A) by striking ``subsection (f)(5)'' and inserting ``subsection (e)(5)'', and (B) in clause (ii) by striking ``the sum of--'' and all that follows and inserting ``the dollar amount in effect under subsection (b)(1).''. (4) Section 223(f)(1) of such Code (as redesignated by subsection (a)) is amended by striking ``subsections (b)(1) and (c)(2)(A)'' and inserting ``subsection (b)(1)''. (5) Section 26(b)(U) of such Code is amended by striking ``section 223(f)(4)'' and inserting ``section 223(e)(4)''. (6) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking ``section 223(d)'' each place it appears and inserting ``section 223(c)''. (7) Section 106(d)(1) of such Code is amended-- (A) by striking ``who is an eligible individual (as defined in section 223(c)(1))'', and (B) by striking ``section 223(d)'' and inserting ``section 223(c)''. (8) Section 408(d)(9) of such Code is amended-- (A) in subparagraph (A) by striking ``who is an eligible individual (as defined in section 223(c)) and'', and (B) in subparagraph (C) by striking ``computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution''. (9) Section 877A(g)(6) of such Code is amended by striking ``223(f)(4)'' and inserting ``223(e)(4)''. (10) Section 4973(g) of such Code is amended-- (A) by striking ``section 223(d)'' and inserting ``section 223(c)'', (B) in paragraph (2), by striking ``section 223(f)(2)'' and inserting ``section 223(e)(2)'', and (C) by striking ``section 223(f)(3)'' and inserting ``section 223(e)(3)''. (11) Section 4975 of such Code is amended-- (A) in subsection (c)(6)-- (i) by striking ``section 223(d)'' and inserting ``section 223(c)'', and (ii) by striking ``section 223(e)(2)'' and inserting ``section 223(d)(2)'', and (B) in subsection (e)(1)(E), by striking ``section 223(d)'' and inserting ``section 223(c)''. (12) Section 6693(a)(2)(C) of such Code is amended by striking ``section 223(h)'' and inserting ``section 223(g)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 5. RESTORING LOWER PENALTY FOR NONQUALIFIED DISTRIBUTIONS. (a) HSAs.--Section 223(e)(4)(A) of the Internal Revenue Code of 1986, as amended by section 4, is amended by striking ``20 percent'' and inserting ``10 percent''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2016.

Health Savings Account Expansion Act of 2016 This bill amends the Internal Revenue Code to modify the requirements for health savings accounts (HSAs). The bill modifies the requirements to: increase the maximum contribution amounts, permit the use of HSAs to pay health insurance premiums and direct primary care expenses, repeal the restriction on using HSAs for over-the-counter medications, eliminate the requirement that a participant in an HSA be enrolled in a high deductible health care plan, and decrease the additional tax for HSA distributions not used for qualified medical expenses.

Health Savings Account Expansion Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballistics, Law Assistance, and Safety Technology Act'' or the ``BLAST Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; and (4) to add ballistics testing to existing firearms enforcement programs. SEC. 3. DEFINITION OF BALLISTICS. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) Ballistics.--The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings were discharged, through identification of the unique characteristics that each firearm imprints on bullets and cartridge casings.''. SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS. (a) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Secretary by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Secretary for entry in a computerized database; and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Secretary by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General and the Secretary shall assist firearm manufacturers and importers in complying with paragraph (1) through-- ``(i) the acquisition, disposition, and upgrades of ballistics equipment and bullet and cartridge casing recovery equipment to be placed at or near the sites of licensed manufacturers and importers; ``(ii) the hiring or designation of personnel necessary to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) any other steps necessary to make ballistics testing effective. ``(B) The Attorney General and the Secretary shall-- ``(i) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records stored under this subsection, as soon as such a capability is available; and ``(ii) encourage training for all ballistics examiners. ``(4) Not later than 1 year after the date of enactment of this subsection and annually thereafter, the Attorney General and the Secretary shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding the impact of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records provided under this section served as a valuable investigative tool in the prosecution of gun crimes; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to section 6 of the Ballistics, Law Assistance, and State Technology Act. ``(5) There is authorized to be appropriated to the Department of Justice and the Department of the Treasury for each of fiscal years 2001 through 2004, $20,000,000 to carry out this subsection, including-- ``(A) installation of ballistics equipment and bullet and cartridge casing recovery equipment; ``(B) establishment of sites for ballistics testing; ``(C) salaries and expenses of necessary personnel; and ``(D) research and evaluation. ``(6) The Secretary and the Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendment made by subsection (a) shall take effect on the date on which the Attorney General and the Secretary of the Treasury, in consultation with the Board of the National Integrated Ballistics Information Network, certify that the ballistics systems used by the Department of Justice and the Department of the Treasury are sufficiently interoperable to make mandatory ballistics testing of new firearms possible. (2) Ballistics testing.--Section 923(m)(1) of title 18, United States Code, as added by subsection (a), shall take effect 5 years after the date of enactment of this Act. (3) Effective on date of enactment.--Section 923(m)(6) of title 18, United States Code, as added by subsection (a), shall take effect on the date of enactment of this Act. SEC. 5. PRIVACY RIGHTS OF LAW ABIDING CITIZENS. Ballistics information of individual guns in any form or database established by this Act may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime.

Ballistics, Law Assistance, and Safety Technology Act (BLAST Act) - Amends the Brady Handgun Violence Prevention Act to require a licensed manufacturer or importer of firearms to: (1) test fire manufactured or imported firearms as specified by the Secretary of the Treasury; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Secretary for entry into a computerized database; and (4) store the fired bullet and cartridge casings.Directs the Attorney General and the Secretary to assist firearm manufacturers and importers in complying with these requirements through: (1) the acquisition, disposition, and upgrades of ballistics equipment and bullet and cartridge casing recovery equipment; (2) the hiring or designation of personnel necessary to develop and maintain a ballistics database; (3) providing education about the role of ballistics; and (4) providing for the coordination among law enforcement, regulatory agencies, and the firearm industry to curb firearm-related crime and illegal firearm trafficking.Requires the Attorney General and the Secretary to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records; (2) encourage training for ballistics examiners; (3) report to Congress on the impact of this Act on criminal investigations, arrests, indictments, and prosecutions; and (4) conduct mandatory ballistics testing of all firearms obtained by or in the possession of their respective agencies.Prohibits the use of ballistics information of individual guns for prosecutorial purposes unless officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation.

A bill to amend chapter 44 of title 18, United States Code, to require ballistics testing of all firearms manufactured and all firearms in custody of Federal agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securities and Exchange Commission Fee Reduction Act of 1996''. SEC. 2. REDUCING REGISTRATION FEES. Section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) is amended to read as follows: ``(b) Registration Fee.-- ``(1) Fee payment required.-- ``(A) In general.--At the time of filing a registration statement, the applicant shall pay to the Commission a fee that shall be equal to the sum of the amounts (if any) determined under the rates established by paragraph (3). ``(B) Publication of fees.--The Commission shall publish in the Federal Register notices of the fee rates applicable under this subsection for each fiscal year. ``(C) Amounts of fees.--In no case shall a minimum fee required by this subsection be greater than $100. ``(2) General revenue fees.-- ``(A) Rate.--The rate determined under this paragraph is a rate equal to-- ``(i) during each fiscal year before fiscal year 2002, $200 for each $1,000,000 of the maximum aggregate price at which the subject securities are proposed to be offered; and ``(ii) during fiscal year 2002 and each succeeding fiscal year, $182 for each $1,000,000 of the maximum aggregate price at which the subject securities are proposed to be offered. ``(B) Revenues of treasury.--Fees collected during any fiscal year pursuant to this paragraph shall be deposited and credited as general revenues of the Treasury. ``(3) Offsetting collection fees.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), for each $1,000,000 of the maximum aggregate price at which the subject securities are proposed to be offered, the rate determined under this paragraph is a rate equal to-- ``(i) $103 during fiscal year 1997; ``(ii) $70 during fiscal year 1998; ``(iii) $38 during fiscal year 1999; ``(iv) $17 during fiscal year 2000; and ``(v) $0 during fiscal year 2001 or any succeeding fiscal year. ``(B) Limitation; deposit.--Except as provided in subparagraph (C), no amounts shall be collected pursuant to this paragraph for any fiscal year except to the extent provided in advance in appropriations Acts. Fees collected during any fiscal year pursuant to this paragraph shall be deposited and credited as offsetting collections in accordance with appropriations Acts. ``(C) Lapse of appropriations.--If, on the first day of a fiscal year, a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect fees (as offsetting collections) under this paragraph at the rate in effect during the preceding fiscal year, until such a regular appropriation is enacted.''. SEC. 3. TRANSACTION FEES. (a) Amendment.--Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) is amended to read as follows: ``SEC. 31. TRANSACTION FEES. ``(a) Exchange-Traded Securities.-- ``(1) Rate.--Each national securities exchange shall pay to the Commission a fee at a rate equal to-- ``(A) $33 for each $1,000,000 of the aggregate dollar amount of sales of securities (other than bonds, debentures, and other evidences of indebtedness) transacted on such national securities exchange during the period to which the fee relates under subsection (d); and ``(B) for fiscal year 2002 and each succeeding fiscal year, $25 for each $1,000,000 of such aggregate dollar amount of sales during the period to which the fee relates under subsection (d). ``(2) Revenues of treasury.--Fees collected pursuant to this subsection shall be deposited and collected as general revenue of the Treasury. ``(b) Off-Exchange-Trades of Exchange-Registered Securities.-- ``(1) Rates.--Each national securities association shall pay to the Commission a fee at a rate equal to-- ``(A) $33 for each $1,000,000 of the aggregate dollar amount of sales transacted during the period to which the fee relates under subsection (d) by or through any member of such association otherwise than on a national securities exchange of securities registered on such an exchange (other than bonds, debentures, and other evidences of indebtedness); and ``(B) for fiscal year 2002 and each succeeding fiscal year, $25 for each $1,000,000 of the aggregate dollar amount of sales referral to in subparagraph (A) during the period to which the fee relates under subsection (d). ``(2) Revenues of treasury.--Fees collected pursuant to this subsection shall be deposited and collected as general revenue of the Treasury. ``(c) Off-Exchange-Trades of Last-Sale-Reported Securities.-- ``(1) Covered transactions.--Each national securities association shall pay to the Commission a fee at a rate equal to the dollar amount determined under paragraph (2) for each $1,000,000 of the aggregate dollar amount of sales transacted during the period to which the fee relates under subsection (d) by or through any member of such association otherwise than on a national securities exchange of securities (other than bonds, debentures, and other evidences of indebtedness) subject to prompt last sale reporting pursuant to the rules of the Commission or a registered national securities association, excluding any sales for which a fee is paid under subsection (b). ``(2) Fee rates.--Except as provided in paragraph (4), the dollar amount determined under this paragraph is-- ``(A) $12 for fiscal year 1997; ``(B) $14 for fiscal year 1998; ``(C) $17 for fiscal year 1999; ``(D) $18 for fiscal year 2000; ``(E) $20 for fiscal year 2001; and ``(F) $25 for fiscal year 2002 or for any succeeding fiscal year. ``(3) Limitation; deposit of fees.--Except as provided in paragraph (4), no amounts shall be collected pursuant to this subsection for any fiscal year beginning before October 1, 2001, except to the extent provided in advance in appropriations Acts. Fees collected during any such fiscal year pursuant to this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission, except that any amounts in excess of the following amounts (and any amount collected for fiscal years beginning on or after October 1, 2001) shall be deposited and credited as general revenues of the Treasury: ``(A) $20,000,000 for fiscal year 1997. ``(B) $26,000,000 for fiscal year 1998. ``(C) $32,000,000 for fiscal year 1999. ``(D) $32,000,000 for fiscal year 2000. ``(E) $32,000,000 for fiscal year 2001. ``(F) $0 for fiscal year 2002 and any succeeding fiscal year. ``(4) Lapse of appropriations.--If, on the first day of a fiscal year, a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until such a regular appropriation is enacted. ``(d) Dates for Payment of Fees.--The fees required by subsections (a), (b), and (c) shall be paid-- ``(1) on or before March 15, with respect to transactions and sales occurring during the period beginning on the preceding September 1 and ending at the close of the preceding December 31; and ``(2) on or before September 30, with respect to transactions and sales occurring during the period beginning on the preceding January 1 and ending at the close of the preceding August 31. ``(e) Exemptions.-- ``(1) Commission authority.--The Commission may, by rule, exempt any sale of securities or any class of sales of securities from any fee imposed by this section, if the Commission finds that such exemption is consistent with the public interest, the equal regulation of markets and brokers and dealers, and the development of a national market system. ``(2) Low-volume transactions.--No fee shall be assessed under this section for transactions involving portfolios of equity securities taking place at times of day characterized by low volume and during nontraditional trading hours, as determined by the Commission. ``(f) Publication.--The Commission shall publish in the Federal Register notices of the fee rates applicable under this section for each fiscal year.''. (b) Effective Date; Transition.-- (1) Effective date.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply with respect to transactions in securities that occur on or after October 1, 1996. (2) Off-exchange trades of last sale reported transactions.--The amendment made by subsection (a) shall apply with respect to transactions described in section 31(d)(1) of the Securities Exchange Act of 1934 (as amended by subsection (a) of this section) that occur on or after October 1, 1996. (3) Rule of construction.--Nothing in this subsection shall be construed to affect the obligation of national securities exchanges and registered brokers and dealers under section 31 of the Securities Exchange Act of 1934, as in effect on the day before the effective date of the amendment made by subsection (a), to make the payments required by such section on March 15, 1997. SEC. 4. TIME FOR PAYMENT. Section 4(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(e)) is amended by inserting before the period at the end the following: ``, and the Commission may also specify the time that such fee shall be determined and paid relative to the filing of any statement or document with the Commission''. SEC. 5. ELIMINATION OF UNNECESSARY FEES. The fees authorized by the amendments made by this Act are in lieu of, and not in addition to, any fees that the Securities and Exchange Commission is authorized to impose or collect pursuant to section 9701 of title 31, United States Code.

Securities and Exchange Commission Fee Reduction Act of 1996 - Amends the Securities Act of 1933 to: (1) prohibit the minimum required registration fee from exceeding $100 (current law prohibits the minimum fee from being less than $100); and (2) set forth a schedule for general revenue fees and offsetting collection fees in diminishing amounts through FY 2001. (Sec. 3) Amends the Securities Exchange Act of 1934 to revise the transaction fee schedule for: (1) exchange-traded securities; (2) off-exchange trades of exchange-registered securities; (3) off-exchange trades of last-sale-reported securities. Declares that such fees are in lieu of, and not in addition to, any fees that the Securities and Exchange Commission is authorized to impose or collect.

Securities and Exchange Commission Fee Reduction Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Price Stability Act of 1995''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--The Congress finds that-- (1) during the 25 years preceding the date of enactment of this Act, the United States experienced a deterioration of potential economic growth; (2) there is sufficient evidence to suggest that increased Government spending, deficits, high taxes, and regulation have significantly contributed to slower economic growth, higher inflation, and diminished expectations; (3) micromanagement of the economy and fine tuning have not alleviated economic hardship; (4) the conditions and goals established by the Full Employment and Balanced Growth Act of 1978, have not been and could not be met, and continue to cause confusion and ambiguity about the appropriate role of monetary policy; (5) the multiple policy goals of the Board of Governors of the Federal Reserve System, stipulated in the Full Employment and Balanced Growth Act of 1978, have created uncertainty about the aims of monetary policy, which can add to volatility in economic activity and financial markets, costing workers jobs and harming economic growth; (6) there is a need for the Congress to clarify the proper role of the Board of Governors of the Federal Reserve System in economic policymaking, in order to achieve the best environment for long-term economic growth and the lowest possible interest rates; (7) recognizing the dangers of inflation and the appropriate role of monetary policy, political leaders in countries throughout the world are directing the central banks of those countries to institute reforms that focus monetary policy on the single objective of price stability, rather than on multiple policy goals; and (8) because price stability leads to the lowest possible interest rates and is a key condition to maintaining the highest possible levels of productivity, real incomes, living standards, employment, and global competitiveness, price stability should be the primary long-term goal of the Board of Governors of the Federal Reserve System. (b) Statement of Policy.--It is the policy of the United States that-- (1) the principal economic responsibilities of the Government are to establish and ensure an environment that is conducive to both long-term economic growth and increases in living standards, by establishing and maintaining free markets, low taxes, respect for private property, and the stable, long- term purchasing power of the United States currency; and (2) the primary long-term goal of the Board of Governors of the Federal Reserve System should be to promote price stability. SEC. 3. MONETARY POLICY. (a) Amendment to the Federal Reserve Act.--Section 2A of the Federal Reserve Act (12 U.S.C. 225a) is amended to read as follows: ``SEC. 2A. MONETARY POLICY. ``(a) Price Stability.--The Board of Governors of the Federal Reserve System (hereafter in this section referred to as the `Board') and the Federal Open Market Committee (hereafter in this section referred to as the `Committee') shall-- ``(1) establish an explicit numerical definition of the term `price stability'; and ``(2) maintain a monetary policy that effectively promotes long-term price stability. ``(b) Congressional Consultation.--Not later than February 20 and July 20 of each year, the Board shall consult with the Congress at semiannual hearings before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives, about the objectives and plans of the Board and the Committee with respect to achieving and maintaining price stability. ``(c) Congressional Oversight.--The Board shall, concurrent with each semiannual hearing required by subsection (b), submit a written report to the Congress containing-- ``(1) numerical measures to help assess the extent to which the Board and the Committee are achieving and maintaining price stability in accordance with subsection (a); ``(2) a description of the intermediate variables used by the Board to gauge the prospects for achieving the objective of price stability; and ``(3) the definition, or any modifications thereto, of `price stability' established in accordance with subsection (a)(1)(A).''. (b) Compliance Estimate.--Concurrent with the first semiannual hearing required by section 2A(b) of the Federal Reserve Act (as amended by subsection (a) of this section) following the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall submit to the Congress a written estimate of the length of time it will take for the Board and the Committee to fully achieve price stability. The Board and the Committee shall take into account any potential short-term effects on employment and output in complying with the goal of price stability. SEC. 4. REPEAL OF OBSOLETE PROVISIONS. (a) Full Employment and Balanced Growth Act of 1978.--The Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3101 et seq.) is repealed. (b) Employment Act of 1946.--The Employment Act of 1946 (15 U.S.C. 1021 et seq.) is amended-- (1) in section 3-- (A) in the section heading, by striking ``and short-term economic goals and policies''; (B) by striking ``(a)''; and (C) by striking ``in accord with section 11(c) of this Act'' and all that follows through the end of the section and inserting ``in accordance with section 5(c).''; (2) in section 9(b), by striking ``, the Full Employment and Balanced Growth Act of 1978,''; (3) in section 10-- (A) in subsection (a), by striking ``in the light of the policy declared in section 2''; (B) in subsection (e)(1), by striking ``section 9'' and inserting ``section 3''; and (C) in the matter immediately following paragraph (2) of subsection (e), by striking ``and the Full Employment and Balanced Growth Act of 1978''; (4) by striking section 2; (5) by striking sections 4 through 8; and (6) by redesignating sections 3, 9, 10, and 11 as sections 2 through 5, respectively. (c) Congressional Budget Act of 1974.--Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended-- (1) in section 301-- (A) in subsection (b), by striking paragraph (1) and redesignating paragraphs (2) through (8) as paragraphs (1) through (7), respectively; (B) in subsection (d), in the second sentence, by striking ``the fiscal policy'' and all that follows through the end of the sentence and inserting ``fiscal policy.''; (C) in subsection (e), in the second sentence, by striking ``as to short-term and medium-term goals''; and (D) by striking subsection (f) and inserting the following: ``(f) [Reserved.]''; and (2) in section 305-- (A) in subsection (a)(3), by inserting before the period at the end ``, as described in section 2 of the Economic Growth and Price Stability Act of 1995''; (B) in subsection (a)(4)-- (i) by striking ``House sets forth the economic goals'' and all that follows through ``designed to achieve,'' and inserting ``House of Representatives sets forth the economic goals and policies, as described in section 2 of the Economic Growth and Price Stability Act of 1995,''; and (ii) by striking ``such goals,'' and all that follows through the end of the paragraph and inserting ``such goals and policies.''; (C) in subsection (b)(3), by inserting before the period at the end ``, as described in section 2 of the Economic Growth and Price Stability Act of 1995''; and (D) in subsection (b)(4)-- (i) by striking ``goals (as'' and all that follows through ``designed to achieve,'' and inserting ``goals and policies, as described in section 2 of the Economic Growth and Price Stability Act of 1995,''; and (ii) by striking ``such goals,'' and all that follows through the end of the paragraph and inserting ``such goals and policies.''.

Economic Growth and Price Stability Act of 1995 - Amends the Federal Reserve Act to repeal the mandate of the Board of Governors of the Federal Reserve System and the Federal Open Market Committee to maintain long run growth of monetary and credit aggregates in order to promote maximum employment, stable prices, and moderate long-term interest rates. Replaces such mandate with a mandate to: (1) establish an explicit numerical definition of "price stability"; and (2) maintain a monetary policy that effectively promotes long-term price stability. Repeals the mandate of the Board and the Committee to report biannually to the Congress on national economic trends, taking into account unemployment, investment and productivity. Replaces such mandate with a mandate to consult semiannually with the Congress and report on their plans and the time required to achieve price stability. Repeals the Full Employment and Balanced Growth Act of 1978 (Humphrey-Hawkins Act). Amends the Employment Act of 1946 and the Congressional Budget Act of 1974 to reflect the provisions of this Act.

Economic Growth and Price Stability Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Quality Assistance and Leadership and Improving Transparency for Women Act'' or the ``EQUALITY Act''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) Women are vital to successful development. On January 6, 2010, Secretary of State Clinton stated, ``Women and girls are one of the world's greatest untapped resources. Investing in the potential of women to lift and lead their societies is one of the best investments we can make. . . . (S)tudies have shown when a woman receives even just one year of schooling, her children are less likely to die in infancy or suffer from illness or hunger, and more likely to go to school themselves.''. (2) According to the World Bank-- (A) investing in women and girls yields large social and economic returns, including breaking intergenerational cycles of poverty; and (B) societies that treat males and females more equally experience more rapid economic growth and poverty reduction than societies that discriminate based on gender. (3) United Nations Millennium Development Goal 3 (MDG3) calls for redressing gender disparities and empowering women. According to the United Nations, women have more access to employment now than ever before; but they still earn \1/3\ less than men. According to the World Bank, MDG3 is the critical avenue through which several other goals are achievable, including-- (A) universal primary education (MDG2); (B) a \2/3\ reduction in the mortality rate among children younger than 5 years of age (MDG4); (C) improvements in maternal health (MDG5); and (D) a reduction in the likelihood of contracting HIV/AIDS and other major diseases (MDG6). (4) Properly investing in women requires a cross-cutting, multi-sectoral approach. On October 8, 2009, Melanne Verveer, Ambassador-at-Large for Global Women's Issues, stated ``The major economic, security, governance, and environmental challenges of our time cannot be solved without the participation of women at all levels of society. Empowering women is one of the most effective and positive forces for improving conditions around the globe. Indeed, no country can prosper if half its people are left behind.''. (5) The Department of State and the United States Agency for International Development need stronger tools to create a comprehensive plan and approach to mainstreaming women in development. As of 2010, these efforts are only nascent. In his December 2, 2009, confirmation hearing before the Committee on Foreign Relations of the Senate, USAID Administrator Dr. Rajiv Shah stated ``I believe effective gender integration is often the difference between success and failure of a broad variety of development investments.''. SEC. 3. OFFICE FOR GLOBAL WOMEN'S ISSUES. (a) Establishment.-- (1) In general.--There is established, in the Office of the Secretary of State, the Office for Global Women's Issues (referred to in this section as the ``Office''). (2) Personnel.--The Secretary of State may assign appropriate staff with relevant technical and operational expertise to the Office to carry out the purposes of this section. (b) Ambassador-at-Large for Global Women's Issues.--The Office shall be headed by an Ambassador-at-Large for Global Women's Issues (referred to in this section as the ``Ambassador''), who-- (1) shall be appointed by the President, by and with the advice and consent of the Senate; (2) shall report directly to the Secretary of State; and (3) shall have the rank and status of Ambassador-at-Large. (c) Duties.-- (1) In general.--The Ambassador is authorized to-- (A) coordinate and advise on activities, policies, programs, and funding of relevant bureaus and offices of the Department of State, which relate to-- (i) gender integration; (ii) women's and girls' economic, social and legal development, protection, improvement in role and status in societies; and (iii) prevention and response to violence against women and girls, including child and forced marriage; (B) promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of the Department of State and other Federal Government agencies conducting international programs; (C) work with relevant offices within the Department of State to promote the collection, retention, and analysis of data on programs and activities of the Department-- (i) to integrate gender into its policies and programs; (ii) regarding the protection and economic, social, and legal development of women and girls; (iii) to improve the role and status of women and girls in societies; and (iv) to prevent and respond to violence against women and girls, including child and forced marriage; and (D) in coordination with relevant bureaus and offices of the Department of State, design support, and implement relevant activities and programs regarding international girls' and women's issues. (2) Coordinating role.--The Ambassador is authorized to-- (A) advise and coordinate with relevant Executive Branch agencies engaged in international women's policies and programs, including the Department of Justice, the Department of Labor, the Department of Education, the Department of Health and Human Services, the Department of Agriculture, the Department of Defense, the Department of Commerce, the United States Agency for International Development and the Millennium Challenge Corporation, on policies, programs, and funding of such agencies relating to women's issues in their international programs and policies; and (B) work with relevant Executive Branch agencies described in subparagraph (A), to compile and make public comprehensive information about United States Government international programs relating to-- (i) the economic, social, and legal development of women and girls; (ii) the protection of women and girls; (iii) the improvement of the role and status of women and girls in societies; (iv) the prevention of and response to violence against women and girls, including child and forced marriage; and (v) the outcomes and effectiveness of such programs. (3) Diplomatic representation.--Subject to the direction of the President and the Secretary of State, the Ambassador is authorized to represent the United States in matters relevant to the status of women internationally. (d) Interagency Cooperation.-- (1) Authorization.--The Ambassador is authorized-- (A) to provide advice and guidance, as appropriate, to the Federal Government agencies described in subsection (c)(2)(A); and (B) on behalf of the Secretary of State, to convene periodic meetings with other Federal Government agencies to enhance and ensure effective coordination of policies, programs, and resources regarding critical issues related to international women's status and development. (2) Sense of the senate.--It is the sense of the Senate that the heads of relevant Federal Government agencies described in subsection (c)(2)(A) should ensure effective implementation and coordination of all international women's policies and programs by annually sharing information with the Office on programs described in subsection (c)(2)(B). (e) Congressional Briefings.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Ambassador shall brief Congress on the integration of gender considerations into its strategies, programming, and associated outcomes, and interagency cooperation. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be required for each of the fiscal years 2011 through 2015 to carry out the activities authorized under this section. SEC. 4. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT WOMEN'S DEVELOPMENT ADVISOR. (a) Establishment.-- (1) In general.--There is established, within the United States Agency for International Development (referred to in this section as ``USAID''), the Women's Development Advisor (referred to in this section as the ``Advisor''), who shall-- (A) be appointed by, and report directly to, the USAID Administrator; (B) be highly qualified in the areas of international development and gender integration; and (C) participate in high level strategic policy, planning, operations, and evaluations throughout all regional and functional disciplines of USAID. (2) Support staff.--The Office of Women in International Development shall report directly to the Advisor. The USAID Administrator may assign additional staff with technical and operational expertise as may be needed to assist the Advisor in carrying out the purposes of this section. (b) Duties.--The Advisor is authorized to-- (1) coordinate USAID efforts to integrate gender in foreign assistance design, strategy, and programs; (2) coordinate and consult with the Ambassador; (3) inform the USAID Administrator of United States Government policies relating to gender, including those disseminated by the Ambassador; (4) collect and make publicly available data and analysis on gender integration activities, women's development, strategies for gender-based violence prevention and response, in accordance with agency-wide mechanisms for data collection, monitoring, and evaluation; and (5) provide recommendations to the Administrator. (c) Congressional Briefings.--Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the USAID Administrator or the Advisor shall provide to Congress data collected under subsection (b)(5) on the integration of gender, women's development, and gender-based violence prevention and response into its strategies, programming, and associated outcomes. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2011 through 2015 to carry out the activities authorized under this section. SEC. 5. COMPTROLLER GENERAL REPORT. (a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that provides a detailed accounting of all United States Government financial assistance-- (1) to further international economic, social, and legal development for women and girls; (2) to provide protection for women and girls; (3) to improve the role and status of women and girls in societies; (4) to prevent and respond to violence against women and girls, including child and forced marriage; and (5) to address related issues. (b) Contents.--The report required under subsection (a) shall include-- (1) a description and assessment of the programs authorized and funded to address the issues set forth in paragraphs (1) through (5) of subsection (a); (2) an assessment of the coordination among Federal agencies involved in such programs, including-- (A) an examination of the internal coordination within such programs; and (B) the integration with the larger global health and development agenda of the United States; (3) an assessment of procurement policies and practices within such programs; (4) an assessment of the impact of such efforts; and (5) recommendations for improving the coordination and outcomes of such programs and funding.

Enhancing Quality Assistance and Leadership and Improving Transparency for Women Act or the EQUALITY Act - Establishes in the Office of the Secretary of State the Office for Global Women's Issues which shall be headed by an Ambassador-at-Large for Global Women's Issues. Establishes in the United States Agency for International Development (USAID) the Women's Development Advisor who shall coordinate USAID efforts to integrate gender in foreign assistance design, strategy, and programs. Directs the Comptroller General of the United States to report to Congress regarding U.S. government financial assistance to further international economic, social, and legal development for women and girls.

A bill to establish the Office for Global Women's Issues and the Women's Development Advisor to facilitate interagency coordination and the integration of gender considerations into the strategies, programming, and associated outcomes of the Department of State and the United States Agency for International Development, and for other purposes.