FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship and Business Development Act''. SEC. 2. MINORITY ENTREPRENEURSHIP AND BUSINESS ENTREPRISE CENTER GRANT PROGRAM. (a) In General.--The Director may make grants to an eligible educational institution or an eligible association or organization-- (1) to assist in establishing an entrepreneurship curriculum for studies; and (2) for placement of a Minority Business Entreprise Center within the educational institution, association, or organization. (b) Use of Funds.-- (1) Curriculum and capacity training requirement.--An eligible educational institution, association, or organization receiving a grant under this section shall develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs, including-- (A) business management and marketing, financial management and accounting, marketing analysis and competitive analysis, and innovation and strategic planning; and (B) additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. (2) Minority business enterprise center requirement.--Each eligible educational institution, association or organization receiving a grant under this section shall open a Minority Business Enterprise Center that follows the duties as prescibed by the Director of the Minority Business Development Agency. (c) Grant Awards.-- (1) In general.--The Director may not award a grant under this section to a single eligible educational institution, association or organization-- (A) in excess of $1,500,000 in any fiscal year; or (B) for a term of more than 3 years. (2) Limitation on use of funds.--Funds made available under this section may not be used for-- (A) any purpose other than those associated with the direct costs incurred by the eligible educational institution, association or organization to-- (i) develop and implement the curriculum described in subsection (b)(1); or (ii) organize and operate a minority business enterprise center, as described subsection (b)(2); or (B) building expenses, administrative travel budgets, or other expenses not directly related to the costs described in subparagraph (A). (d) Matching Requirement.--Grants made under this Act shall require a private matching grant of 15 percent. (e) Report.-- (1) In general.--Not later than 120 days following the end of the fiscal year of each year in which funds are made available for grants under this section, the Director shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the success of the program under this section during the preceding fiscal year. (2) Contents of report.--Each report under paragraph (1) shall include-- (A) a description of each entrepreneurship program developed with grant funds, the date of the award, and the number of participants in each such program; (B) the number of small business assisted through the minority business enterprise center with grant funds; and (C) data regarding the economic impact of minority business enterprise center with grant funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2010 through 2012, to remain available until expended. (g) Limitation on Use of Funds.--The Director shall carry out this section only with amounts appropriated in advance specifically to carry out this section. SEC. 3. OFFICE OF MINORITY ENTREPRENEURSHIP AND BUSINESS DEVELOPMENT. (a) Office of Minority Entrepreneurship and Business Development.-- There is established in the Minority Business Development Agency an Office of Minority Entrepreneurship and Business Development, which shall be administered by an Associate Director for Minority Entrepreneurship and Business Development appointed under section 3(b)(1) (in this section referred to as the ``Associate Director''). (b) Associate Director for Minority Entrepreneurship and Business Development.--The Associate Director shall-- (1) be-- (A) an appointee in the Senior Executive Service who is a career appointee; or (B) an employee in the competitive service; (2) increase the proportion of counseling and training that goes to minority start-ups and the Agency's entrepreneurial development programs; (3) increase the proportion of the Agency's contracts to minority entrepreneur and new businesses; (4) work with the partners of the Agency, trade associations, and business groups to identify and carry out policies and procedures to more effectively market the resources of the Agency to new and small minority-owned businesses; (5) ensure that the Agency's district offices and regional offices have adequate staff, funding, and other resources to market the grant program to newly formed and emerging minority- owned businesses and eligible institutions of higher education; (6) report to and be responsible directly to the Director. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $7,000,000 for fiscal year 2010; (2) $7,000,000 for fiscal year 2011; and (3) $7,000,000 for fiscal year 2012. SEC. 4. DEFINITIONS. In this Act-- (1) the terms ``Agency'' and ``Director'' mean the Minority Small Business Development Agency and the Director thereof, respectively; (2) the term ``eligible association or organization'' means an association or organization that-- (A) is-- (i) a minority business association described under paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) a foundation of minority business associations described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) has been in existence for at least the 5-year period before the date of awarding a grant under section 2; (3) the term ``eligible educational institution'' means an institution that is-- (A) a public or private institution of higher education (including any land-grant college or university, any college or school of business, engineering, commerce, or agriculture, or community college or junior college) or any entity formed by 2 or more institutions of higher education; and (B) a-- (i) historically Black college; (ii) Hispanic-serving institution; (iii) Asian-serving institution; (iv) Native Hawaiian-serving institution; or (v) tribal college; (4) the term ``historically Black college'' means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (5) the term ``Hispanic-serving institution'' has the meaning given that term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (6) the term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (7) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); and (8) the term ``tribal college'' has the same meaning as the term ``tribally controlled college or university'' under section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).

Minority Entrepreneurship and Business Development Act - Requires the Director of the Minority Small Business Development Agency (Agency) to make grants to an educational institution, association, or organization: (1) to assist in establishing an enterprise curriculum for studies; and (2) for placement of a Minority Business Enterprise Center within such institution, association, or organization. Requires an entity receiving a grant to: (1) develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs; and (2) open such a Center. Limits grants to $1.5 million per fiscal year, and grant duration to three years. Establishes within the Agency an Office of Minority Entrepreneurship and Business Development, administered by an Associate Director.

To establish the Minority Entrepreneurship and Business Development Program, and for other purposes.

SECTION 1. PAYMENT FOR CERTAIN UNUSED SICK LEAVE. (a) In General.--Chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER X--PAYMENT FOR CERTAIN UNUSED SICK LEAVE ``Sec. 5597a. Definitions ``For purposes of this subchapter-- ``(1) the term `covered retirement system' means the Federal Employees' Retirement System and the Foreign Service Pension System; and ``(2) the term `employee' means an employee as defined by section 2105 and an officer or employee of the United States Postal Service or of the Postal Regulatory Commission, but does not include a Congressional employee as defined by section 2107. ``Sec. 5597b. Lump-sum payment for certain unused sick leave ``(a) In General.--Any qualified employee who is separated from the service or is transferred to a position which is not subject to a covered retirement system shall be eligible to receive a lump-sum payment under this section. ``(b) Qualified Employee.--For purposes of this section, the term `qualified employee' means an employee who, immediately before such employee's separation or transfer (as described in subsection (a))-- ``(1) is subject to a covered retirement system; and ``(2) satisfies the age and service requirements for immediate or early retirement under such system. ``(c) Amount Payable.-- ``(1) In general.--A lump-sum payment under this section shall be equal to the amount of basic pay (including locality pay) the employee would have received, for such employee's period of compensable sick leave, if such employee had remained in the service or not transferred until the end of such period. ``(2) Period of compensable sick leave.--For purposes of this section, the term `period of compensable sick leave' means a period equal in duration to 15 percent of the amount (rounded to the nearest whole number of hours) by which the total number of hours of accumulated and current accrued sick leave standing to the employee's credit (as of the time of separation or transfer) under a formal leave system, exceeds 500 hours. ``(3) Limitations.--In no event shall-- ``(A) any payment under this section exceed $10,000; or ``(B) any hours of sick leave be taken into account under paragraph (2)(A) which are creditable in the computation of any other compensation or benefit provided for under any other statute. ``(d) Conditions for and Effect of Receiving a Payment.--A payment under this section-- ``(1) shall be payable by the agency from which the employee was separated or transferred, but only upon application made in accordance with applicable regulations under section 5597c; ``(2) terminates all rights of the employee with respect to the hours of leave described in subsection (c)(2)(A) (and not excluded by subsection (c)(3)(B)); and ``(3) terminates any right of the employee to receive any other payment under this section, including with respect to any sick leave subsequently accruing. ``(e) Application by a Survivor.--An application under this section may also be made by any person who, by virtue of subchapter VIII, is entitled to receive any payment which (but for subsection (d)(1)) would otherwise be due a deceased employee under this section. ``(f) Additional Rules.--A lump-sum payment under this section shall be considered pay for taxation purposes only. The period of compensable sick leave used in calculating any such payment shall not be extended due to any holiday occurring after the employee's separation or transfer. ``Sec. 5597c. Regulations ``Any regulations necessary for the administration of this subchapter shall be prescribed by the appropriate authority. For purposes of the preceding sentence, the `appropriate authority' is-- ``(1) if the separation or transfer is from a position in the executive branch, the Director of the Office of Personnel Management; ``(2) if the separation or transfer is from a position in the judicial branch, the Director of the Administrative Office of the United States Courts; and ``(3) if the separation or transfer is from a position in the legislative branch, the head of the office, agency, or other establishment from which such separation or transfer occurs.''. (b) Settlement of Accounts.--Section 5581(2) of title 5, United States Code, is amended-- (1) by redesignating subparagraph (I) as subparagraph (J); (2) in subparagraph (H), by striking ``and'' after the semicolon; and (3) by inserting after subparagraph (H) the following: ``(I) payment for compensable sick leave under section 5597b; and''. (c) Clerical Amendment.--The analysis for chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``subchapter x--payment for certain unused sick leave ``5597a. Definitions. ``5597b. Lump-sum payment for certain unused sick leave. ``5597c. Regulations.''.

Entitles federal employees who satisfy age and service requirements for immediate or early retirement under the Federal Employees' Retirement System or the Foreign Service Pension System and who are separated from service or transferred to a position not subject to either of those retirement systems to a lump-sum payment for 15% of the amount of their accumulated sick leave exceeding 500 hours. Prohibits such a payment from exceeding $10,000. Excludes hours of sick leave that are creditable in the computation of any other compensation or benefit.

To amend title 5, United States Code, to provide for a lump-sum payment for certain Federal employees who retire with a substantial amount of unused sick leave for which they would not otherwise receive any compensation or benefit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Financial Aid Simplification Act''. SEC. 2. FAFSA SIMPLIFICATION. Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``The Secretary'' and inserting ``Subject to subsection (i), the Secretary''; and (B) in paragraph (6), by striking ``The need'' and inserting ``Subject to subsection (i), the need''; and (2) by adding at the end the following new subsection: ``(i) FAFSA Simplification.-- ``(1) In general.--Beginning academic year 2017-2018 and notwithstanding subsection (a)(6) or any other provision of this section, with respect to a student who is a taxpayer or a dependent of a taxpayer and who does not meet the requirements of subsection (b) or (c) of section 479, the need and eligibility of such student for financial assistance under parts A through E (other than subpart 4 of part A) may be determined only by-- ``(A) authorizing the Secretary to obtain from the Internal Revenue Service income data, and other taxpayer data needed to compute an expected family contribution for the student, from two years prior to the student's planned enrollment date; and ``(B) submitting to the Secretary the supplemental information described in paragraph (3). ``(2) Authorization under the irc and distribution of data.--Returns and return information (as defined in section 6103 of the Internal Revenue Code of 1986) may be obtained under paragraph (1)(A) only to the extent authorized by section 6103(l)(23) of such Code, except that institutions of higher education and States shall receive, without charge, such information from the Secretary for the purposes of processing loan applications and determining need and eligibility for institutional and State financial aid awards. ``(3) Supplemental information.--Each student described in paragraph (1) who is applying for financial assistance under parts A through E (other than under subpart 4 of part A) shall submit to the Secretary at such time and in such manner as required by the Secretary, any information that is needed to determine the student's need and eligibility for such financial assistance or to administer the programs under this title, but that is not available from the Internal Revenue Service to the extent authorized by section 6103(l)(23) of the Internal Revenue Code of 1986, including information with respect to the student's-- ``(A) citizenship or permanent residency status; ``(B) dependency status; ``(C) registration for selective service; ``(D) State and length of legal residence; ``(E) family members, including the total number and the number in postsecondary education; ``(F) secondary school completion status; ``(G) completion of a first bachelor's degree; ``(H) email address; and ``(I) institution or institutions of higher education in which the student is enrolled or to which the student is applying for admission. ``(4) Regulations.-- ``(A) In general.--The Secretary shall prescribe such regulations as may be necessary to carry out this subsection. ``(B) Inapplicability of rulemaking requirements.-- Sections 482(c) and 492 shall not apply to the regulations required by this paragraph.''. SEC. 3. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986. Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to determine need and eligibility of student for federal student financial aid.-- ``(A) In general.--The Secretary may, upon written request from the Secretary of Education, disclose to officers and employees of the Department of Education return information with respect to a taxpayer or a dependent of a taxpayer who may be eligible for Federal student financial aid and whose need and eligibility for such aid is based in whole or in part on the taxpayer's income or the income of the parents of the dependent. Such return information shall be limited to-- ``(i) taxpayer identity information with respect to such taxpayer; ``(ii) the filing status of such taxpayer; ``(iii) the adjusted gross income of such taxpayer; and ``(iv) any other data of such taxpayer necessary to determine the expected family contribution (within the meaning of part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.)) of such taxpayer or the dependent of such taxpayer, as applicable. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Education only for the purposes of, and to the extent necessary in, processing the student loan application, and establishing need and eligibility for Federal student financial aid, of a taxpayer or a dependent of a taxpayer. ``(C) Federal student loans and grants.--For purposes of this paragraph, the term `Federal student financial aid' means financial assistance under parts A through E (other than under subpart 4 of part A) of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''.

Student Financial Aid Simplification Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to determine a student's financial need and federal financial aid eligibility by using tax return information, unless such student qualifies for the simplified needs test or a zero expected family contribution. It amends the Internal Revenue Code to authorize the Internal Revenue Service (IRS) to disclose certain tax return information to the Department of Education (ED). Students must submit to ED certain supplemental information not available from the IRS. The bill requires ED to provide such tax return information to states and institutions of higher education, without charge, for use processing loan applications and determining institutional and state financial aid awards.

Student Financial Aid Simplification Act

SECTION 1. FINDINGS. Congress makes the following findings: (1) In 1983, Environmental Land Technology, Ltd. (hereafter in this Act referred to as ``ELT'') acquired from the State of Utah 2,440 acres of school trust lands in Washington County, Utah, north of the city of St. George, for residential and recreational development purposes and over the next several years completed appraisals, cost estimates, engineering studies, site plans, surveys, utility layouts, and right-of-way negotiations with the city, and obtained water rights for the land. (2) With the issuance by the United States Fish and Wildlife Service of a permit under section 10 of the Endangered Species Act of 1973 to Washington County, Utah, and the adoption of the Habitat Conservation Plan and Implementation Agreement of February of 1996 (hereafter in the Act referred to as ``HCP and Agreement''), the Bureau of Land Management assumed an obligation to acquire from willing sellers approximately 12,600 acres of non-Federal land, including the ELT development land, to create the Red Cliffs Reserve for the protection of the desert tortoise. (3) Since 1996, the Bureau of Land Management has acquired, through exchange or purchase, nearly all of the privately owned property within the Federal portion of the Reserve, except for 1,516 acres of the ELT development land. (4) With the creation of the Grand Staircase National Monument in 1996 in the State of Utah and the subsequent land exchanges for the consolidation of lands necessary for the Monument, there are no longer sufficient comparable lands within the State of Utah to conduct intrastate exchanges for the remaining desert tortoise lands. (5) Under the Uniform Appraisal Standards for Federal Land Acquisitions, ELT is entitled to have its lands appraised at fair market value, highest and best use. (6) The United States Fish and Wildlife Service is charged with protecting endangered species and administering the cooperative Endangered Species Conservation Fund which may be used for the acquisition of private lands, and the Bureau of Land Management is responsible for acquiring the private lands within the Red Cliffs Reserve. (7) The bifurcation of responsibility between the United States Fish and Wildlife Service and the Bureau of Land Management has relegated ELT to a bureaucratic ``no-man's- land''. (8) The Secretary of the Interior and other department officials have characterized the acquisition of the ELT lands to be administered under the HCP and Agreement as a high priority. (9) The Department of the Interior did not request any funds in the budget for fiscal year 2001 to purchase the remaining privately held lands within the boundaries of the land to be administered by the Bureau of Land Management under the HCP and Agreement. (10) The listing of the desert tortoise and the failure of the Department of the Interior to identify comparable land suitable for exchange within the State of Utah or to fund the purchase of the ELT development land have effectively taken this property from the remaining private land owner, denying it the right to develop or otherwise dispose of the property. (11) With the creation of the Red Cliffs Reserve, ELT has been unable to develop its property, which has resulted in extreme financial hardship to the owner, requiring the liquidation of substantial ELT assets. (12) It is in the public interest to complete this land acquisition at the earliest practicable date so that the desert tortoise habitat lands can be acquired and preserved by the United States for permanent public management, use, and enjoyment and the private land owner may be fairly compensated for its lands. SEC. 2. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH. (a) In General.--Notwithstanding any other provision of law, effective on the date of the enactment of this Act, all right, title, and interest in and to, and the right to immediate possession of, the 1,516 acres of real property owned by ELT, within the Red Cliffs Reserve in Washington County, Utah, and the 34 acres of real property owned by ELT which is adjacent to the land within the Reserve but is landlocked as a result of the creation of the Reserve, is hereby vested in the United States. (b) Compensation for Property.--Subject to section 309(f) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104- 333), the United States shall pay just compensation to the owners of any real property taken pursuant to this section, determined as of the date of taking. An initial payment of $15,000,000 shall be made to the owners of such real property not later than 30 days after the date of taking. The remainder shall be paid in cash or, at the option of the land owner, as provided in subsection (e). The full faith and credit of the United States is hereby pledged to the payment of any judgment entered against the United States with respect to the taking of such property. Payment shall be in the amount of the agreed appraised value of such real property plus interest and reasonable costs and expenses of holding such property from February 1990 to the date of final payment or the valuation of such real property awarded by judgment plus interest, reasonable costs and expenses of holding such property from February 1990 to the date of final payment, and reasonable costs and attorney fees. Payment shall be made from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code, or from another appropriate Federal Government fund. Interest shall accrue from the date of taking to the date of payment. Interest shall be compounded quarterly and computed at the rate applicable for the period involved, as determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities from the date of enactment of this section to the last day of the month preceding the date on which payment is made. (c) Determination by Court in Lieu of Negotiated Settlement.--In the absence of a negotiated settlement, or an action by the owner, within 90 days after the date of enactment of this section, the Secretary of the Interior shall initiate a proceeding in the United States Federal District Court for the District of Utah, seeking a determination, subject to section 309(f) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333), of just compensation with respect to the taking of such property. (d) Unauthorized Use of Lands Prohibited.--The Secretary of the Interior shall not allow any unauthorized use of the lands to be acquired under this subsection, except that the Secretary of the Interior shall permit the orderly termination of all current activities and the removal of any equipment, facilities, or personal property. (e) Surplus Property Account.--If requested by the land owner, the Secretary of the Interior shall credit a surplus property account, to be established in the name of the land owner, in the amount of (1) the agreed appraised value of such real property plus interest and reasonable costs and expenses of holding such property from February 1996 to the date that surplus property credits become available for use under this subsection, or (2) the valuation of such real property awarded by judgment plus interest, reasonable costs and expenses of holding such property from February 1996 to the date that surplus property credits become available for use under this subsection, and reasonable costs and attorney fees. The land owner may, using the credit in the surplus property account established pursuant to this section, bid, as any other bidder for surplus property, wherever located, in accordance with the Federal Property and Administrative Act of 1949. The Administrator of General Services shall establish the land owner's surplus property account and shall adjust the credit in the account to reflect successful bids under this subsection. Credit in the surplus property account may be transferred or sold in whole or in part at any time by the land owner to any other party, thereby vesting such party with all the rights of the land owner, and not later than 60 days after such transfer, the land owner shall notify the Administrator of the transfer.

Directs the United States to pay specified compensation to the owners of any such real property from the permanent judgment appropriation or from another appropriate Federal Government fund. Requires the Secretary of the Interior, in the absence of a negotiated settlement, or an action by an owner, to initiate a proceeding seeking a determination of just compensation. Prohibits the Secretary from allowing any unauthorized use of such lands, except for the termination of all current activities and the removal of any equipment, facilities, or personal property. Requires the Secretary, if requested by a land owner, to credit a surplus property account to be established in the name of the owner. Allows the land owner, using the credit in such account, to bid as any other bidder for surplus property, wherever located.

A bill to provide for all right, title, and interest in and to certain property in Washington County, Utah, to be vested in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Development Investment Enhancements Act of 2006''. SEC. 2. ENHANCING THE AUTHORITY FOR NATIONAL BANKS TO MAKE COMMUNITY DEVELOPMENT INVESTMENTS. (a) National Banks.--The last sentence in the paragraph designated as the ``Eleventh.'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended-- (1) by striking ``10 percent'' each place such term appears and inserting ``15 percent''; and (2) by adding at the end the following new sentence: ``The preceding standards and limitations apply to each investment under this paragraph made by a national bank directly and by its subsidiaries.''. (b) State Member Banks.--The last sentence of the 23rd undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 338a) is amended-- (1) by striking ``10 percent'' each place such term appears and inserting ``15 percent''; and (2) by adding at the end the following new sentence: ``The preceding standards and limitations apply to each investment under this paragraph made by a State member bank directly and by its subsidiaries.''. SEC. 3. INVESTMENTS BY FEDERAL SAVINGS ASSOCIATIONS AUTHORIZED TO PROMOTE THE PUBLIC WELFARE. (a) In General.--Section 5(c)(3) of the Home Owners' Loan Act (12 U.S.C. 1464(c)) is amended by adding at the end the following new subparagraph: ``(D) Direct investments to promote the public welfare.-- ``(i) In general.--A Federal savings association may make investments designed primarily to promote the public welfare, including the welfare of low- and moderate- income communities or families through the provision of housing, services, and jobs. ``(ii) Direct investments or acquisition of interest in other companies.--Investments under clause (i) may be made directly or by purchasing interests in an entity primarily engaged in making such investments. ``(iii) Prohibition on unlimited liability.--No investment may be made under this subparagraph which would subject a Federal savings association to unlimited liability to any person. ``(iv) Single investment limitation to be established by director.--Subject to clauses (v) and (vi), the Director shall establish, by order or regulation, limits on-- ``(I) the amount any savings association may invest in any 1 project; and ``(II) the aggregate amount of investment of any savings association under this subparagraph. ``(v) Flexible aggregate investment limitation.--The aggregate amount of investments of any savings association under this subparagraph may not exceed an amount equal to the sum of 5 percent of the savings association's capital stock actually paid in and unimpaired and 5 percent of the savings association's unimpaired surplus, unless-- ``(I) the Director determines that the savings association is adequately capitalized; and ``(II) the Director determines, by order, that the aggregate amount of investments in a higher amount than the limit under this clause will pose no significant risk to the affected deposit insurance fund. ``(vi) Maximum aggregate investment limitation.--Notwithstanding clause (v), the aggregate amount of investments of any savings association under this subparagraph may not exceed an amount equal to the sum of 15 percent of the savings association's capital stock actually paid in and unimpaired and 15 percent of the savings association's unimpaired surplus. ``(vii) Investments not subject to other limitation on quality of investments.--No obligation a Federal savings association acquires or retains under this subparagraph shall be taken into account for purposes of the limitation contained in section 28(d) of the Federal Deposit Insurance Act on the acquisition and retention of any corporate debt security not of investment grade. ``(viii) Applicability of standards to each investment.--The standards and limitations of this subparagraph shall apply to each investment under this subparagraph made by a savings association directly and by its subsidiaries.''. (b) Technical and Conforming Amendments.--Section 5(c)(3)(A) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(3)(A)) is amended to read as follows: ``(A) [Repealed]''. Passed the House of Representatives September 27, 2006. Attest: KAREN L. HAAS, Clerk.

Community Development Investment Enhancements Act of 2006 - Amends the Revised Statues of the United States and the Federal Reserve Act to increase from 10% to 15% of its capital stock actually paid in and unimpaired, and from 10% to 15% of its unimpaired surplus fund, the maximum aggregate community development investments of a national banking association or a state member bank, including its subsidiaries. Applies such limits to each such investment. Amends the Home Owners' Loan Act to authorize a federal savings association to make investments designed primarily to promote the public welfare, including the welfare of low- and moderate-income communities or families through the provision of housing, services, and jobs (community development investments). Permits such investments to be made directly or by purchase of interests in an entity primarily engaged in making such investments. Prohibits a federal savings association from making an investment which would subject it to unlimited liability to any person. Requires the Director of the Office of Thrift Supervision to establish: (1) the amount any savings association may invest in any one project; and (2) the aggregate amount of investment of any savings association. Restricts the aggregate amount of investment of any savings association, subject to specified determinations made by the Director. Prohibits the maximum aggregate amount of investments of any savings association from exceeding the same 15% of its capital stock actually paid in and unimpaired and 15% of its unimpaired surplus as imposed by this Act on national banking associations and state member banks.

To enhance community development investments by financial institutions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Trafficking Fraud Enforcement Act of 2017''. SEC. 2. OFFICE FOR TAX LAW ENFORCEMENT RELATING TO HUMAN TRAFFICKING AND PROMOTION OF COMMERCIAL SEX ACTS. (a) Establishment.--The Secretary of the Treasury shall establish an office within the Internal Revenue Service to investigate and prosecute violations of the internal revenue laws by persons that appear to be engaged in conduct in violation of any of the provisions specified in subsection (b). (b) Certain Criminal Provisions Relating to Human Trafficking and Promotion of Commercial Sex Acts.--The provisions of law referenced in this subsection are as follows: (1) The following provisions of title 18, United States Code: (A) Section 1351. (B) Section 1589. (C) Section 1590. (D) Section 1591(a). (E) Section 1952. (F) Section 2421. (G) Section 2422. (H) Subsection (a), (d), or (e) of section 2423. (2) Section 1328 of title 8, United States Code. (3) The laws of any State or territory that prohibit the promotion of prostitution or of any commercial sex act (as such term is defined in section 1591(e)(3) of title 18, United States Code). (c) Cooperation With Department of Justice.--To the extent possible, the office established under subsection (a) shall cooperate with the Child Exploitation and Obscenity Section of the Department of Justice and the Innocence Lost National Initiative of the Federal Bureau of Investigation. (d) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the enforcement activities of the office established under subsection (a) and shall include any recommendations for statutory changes to assist in future prosecutions pursuant to this section. (e) Applicability of Whistleblower Awards to Victims of Human Trafficking.--For purposes of making an award under paragraph (1) or (2) of section 7623(b) of the Internal Revenue Code of 1986 with respect to information provided by victims of any person convicted of violating any of the provisions specified in subsection (b), the determination of whether such person is described in such paragraph shall be made without regard to paragraph (3) of section 7623(b) of such Code. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated not more than $4,000,000 for fiscal year 2018 to carry out subsection (a). (2) Additional funding for administration of office.-- Unless specifically appropriated otherwise, there is authorized to be appropriated and is appropriated to the office established under subsection (a) for fiscal years 2018 and 2019 for the administration of such office an amount equal to the sum of-- (A) the amount of any tax under chapter 1 of the Internal Revenue Code of 1986 (including any interest) collected during such fiscal years as the result of the actions of such office, plus (B) the amount of any civil or criminal monetary penalties imposed under such Code relating to such tax and so collected. Amounts not expended under the preceding sentence shall be transferred to and deposited in the Crime Victims Fund in the Treasury (42 U.S.C. 10601). SEC. 3. INCREASE IN CRIMINAL MONETARY PENALTIES. (a) Attempt To Evade or Defeat Tax.--Section 7201 of the Internal Revenue Code of 1986 (relating to attempt to evade or defeat tax) is amended-- (1) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (2) by adding at the end the following new subsection: ``(b) Attempt To Evade or Defeat Tax Attributable to Human Trafficking and Commercial Sex Acts.-- ``(1) In general.--In the case of any attempt to evade or defeat any tax attributable to income derived from an act described in paragraph (2), subsection (a) shall be applied-- ``(A) by substituting `$500,000 ($1,000,000' for `$100,000 ($500,000', and ``(B) by substituting `10 years' for `5 years'. ``(2) Human trafficking and commercial sex acts.--For purposes of paragraph (1), an act described in this paragraph is any act which is a violation of any of the provisions specified in section 2(b) of the Human Trafficking Fraud Enforcement Act of 2017.''. (b) Willful Failure To File Return, Supply Information, or Pay Tax.-- (1) General increase in monetary penalty.--Section 7203 of the Internal Revenue Code of 1986 (relating to willful failure to file return, supply information, or pay tax) is amended by striking ``$25,000'' and inserting ``$50,000''. (2) Increase in penalties for failure to file with respect to tax attributable to human trafficking and commercial sex acts.-- (A) In general.--Section 7203 of the Internal Revenue Code of 1986 (relating to willful failure to file return, supply information, or pay tax), as amended by paragraph (1), is amended by striking ``Any person'' in the first sentence and inserting the following: ``(a) In General.--Any person'', and (B) by adding at the end the following new subsection: ``(b) Failure To File With Respect to Tax Attributable to Human Trafficking and Commercial Sex Acts.--In the case of any failure with respect to any tax attributable to income derived from an act described in paragraph (2) of section 7201(b), the first sentence of subsection (a) shall be applied by substituting-- ``(1) `felony' for `misdemeanor', ``(2) `$500,000 ($1,000,000' for `$50,000 ($100,000', and ``(3) `10 years' for `1 year'.''. (3) Conforming amendment.--The third sentence of section 7203(a) of the Internal Revenue Code of 1986 (as amended by paragraph (1)) is amended by striking ``this section'' and inserting ``this subsection''. (c) Fraud and False Statements.--Section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements) is amended-- (1) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (2) by adding at the end the following new subsection: ``(b) Fraud and False Statements With Respect to Tax Attributable to Human Trafficking and Commercial Sex Acts.--In the case of any violation of subsection (a) relating to any tax attributable to income derived from an act described in paragraph (2) of section 7201(b), subsection (a) shall be applied-- ``(1) by substituting `$500,000 ($1,000,000' for `$100,000 ($500,000', and ``(2) by substituting `5 years' for `3 years'.''. (d) Penalties May Be Applied in Addition to Other Penalties.-- Section 7204 of the Internal Revenue Code of 1986 (relating to fraudulent statement or failure to make statement to employees) is amended by striking ``the penalty provided in section 6674'' and inserting ``the penalties provided in sections 6674, 7201, and 7203''. (e) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--Section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements), as amended by subsection (c), is amended by adding at the end the following new subsection: ``(c) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--If any portion of any underpayment (as defined in section 6664(a)) or overpayment (as defined in section 6401(a)) of tax required to be shown on a return is attributable to fraudulent action described in subsection (a), the applicable dollar amount under subsection (a) shall in no event be less than an amount equal to such portion. A rule similar to the rule under section 6663(b) shall apply for purposes of determining the portion so attributable.''. (f) Moneys Available To Assist Victims of Crime.--There are hereby appropriated to the Crime Victims Fund (42 U.S.C. 10601) amounts equivalent to the increase in receipts to the Treasury by reason of the amendments made by this section. Such amounts shall be available for victim assistance grants under the Victims of Crime Act of 1984, including crisis intervention, emergency shelter and transportation, counseling, and criminal justice advocacy to victims of crime. (g) Effective Date.--The amendments made by this section shall apply to actions, and failures to act, occurring after the date of the enactment of this Act.

Human Trafficking Fraud Enforcement Act of 2017 This bill directs the Department of the Treasury to establish within the Internal Revenue Service an office to investigate and prosecute violations of tax laws by persons that appear to be violating specified federal laws prohibiting forced labor, trafficking of individuals, and transportation of minors or aliens for immoral purposes or state or territorial laws prohibiting the promotion of prostitution or of any commercial sex act. The office must cooperate with the Child Exploitation and Obscenity Section of the Department of Justice and the Innocence Lost National Initiative of the Federal Bureau of Investigation. The bill allows victims of human trafficking crimes to claim awards allowed for whistle-blowing. The bill amends the Internal Revenue Code to: (1) increase civil and criminal penalties for tax evasion attributable to income derived from human trafficking and commercial sex acts, and (2) make it a felony to fail to file a tax return including income derived from human trafficking or commercial sex acts. The bill appropriates to the Crime Victims Fund additional funds equal to the increase in receipts from increased civil and criminal penalties provided by this bill. The funds are provided for victim assistance grants under the Victims of Crime Act of 1984, including crisis intervention, emergency shelter and transportation, counseling, and criminal justice advocacy to victims of crime.

Human Trafficking Fraud Enforcement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyer Credit Act of 2016''. SEC. 2. FIRST-TIME HOMEBUYER REFUNDABLE CREDIT. (a) In General.--Section 36 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 36. FIRST-TIME HOMEBUYER REFUNDABLE CREDIT. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during a taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 2.5 percent of the purchase price of the residence. ``(b) Limitations; Special Rules Based on Marital and Filing Status.-- ``(1) Dollar limitation.--The credit allowed under subsection (a) shall not exceed $10,000. ``(2) Limitation based on purchase price.--The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and paragraph (3), and after the application of paragraph (1)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as-- ``(A) the excess (if any) of-- ``(i) the purchase price of the residence, over ``(ii) $600,000, bears to ``(B) $100,000. ``(3) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and after the application of paragraphs (1) and (2)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $80,000 ($160,000 in the case of a joint return), bears to ``(ii) $20,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Age limitation.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence for a taxable year if-- ``(A) the taxpayer has not attained age 18 as of the date of such purchase, or ``(B) a deduction under section 151 with respect to the taxpayer is allowable to another taxpayer for the taxable year. In the case of a taxpayer who is married, the taxpayer shall be treated as meeting the age requirement of subparagraph (A) if the taxpayer or the taxpayer's spouse meets such age requirement. ``(5) Multiple purchasers.--If two or more individuals who are not married purchase a principal residence, the amount of the credit under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe by taking into account the requirements of paragraphs (2) and (3), except that the total amount of the credits allowed to all such individuals shall not exceed $10,000. ``(6) Married couples must file joint return.--If an individual is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the individual and the individual's spouse file a joint return for the taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual who acquires a principal residence by purchase if such individual (and, if married, such individual's spouse)-- ``(i) has not claimed any credit or deduction under this title for any previous taxable year with respect to the purchase or ownership of any residence or residential real estate (including for any expenditures relating to the placing in service of any property on, in connection with, or for use in such a residence or real estate), ``(ii) attests under penalty of perjury that the individual (and, if married, the individual's spouse) has not owned a principal residence at any time prior to the purchase of the principal residence to which this section applies, and ``(iii) includes the individual's (and, if married, the individual's spouse's) social security number issued by the Social Security Administration on the return of tax. ``(B) Waiver in case of certain changes in status.--The Secretary may, in such manner as the Secretary may prescribe, waive the requirements of subparagraph (A) for a taxable year in the case of an individual who is not eligible to file a joint return for the taxable year, and who was married at the time the individual or the individual's former spouse purchased a previous residence. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person related to the person acquiring such property (or, if either such person is married, such individual's spouse), and ``(ii) the basis of the property in the hands of the person acquiring such property is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. ``(4) Purchase price.--The term `purchase price' means the adjusted basis (without regard to any reduction under section 1016(a)(38)) of the principal residence on the date such residence is purchased. Such purchase price shall be included on the return of tax. ``(5) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying subsections (b) and (c) of section 267 for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, and lineal descendants). ``(6) Marital status.--An individual's marital status shall be determined in accordance with section 7703. ``(d) Denial and Recapture Rules in Case of Disposal of Residence Within 5 Taxable Years.-- ``(1) Denial of credit in case of disposal within taxable year.--No credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year. ``(2) Partial recapture.-- ``(A) In general.--Except as provided in subparagraph (D), if the taxpayer disposes of the residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) during the 4-taxable- year period beginning with the taxable year immediately following the credit year, the tax imposed by this chapter for the taxable year in which such disposal (or cessation) occurs shall be increased by an amount equal to the recapture percentage of the amount of the credit so allowed. ``(B) Credit year.--For purposes of subparagraph (A), the term `credit year' means the taxable year in which the credit under subsection (a) was allowed. ``(C) Recapture percentage.--For purposes of subparagraph (A), the recapture percentage with respect to any disposal or cessation described in such subparagraph shall be determined in accordance with the following table: ``If the disposal or The recapture cessation occurs in: percentage is: the 1st taxable year beginning after the 80 percent credit year. the 2nd taxable year beginning after the 60 percent credit year. the 3rd taxable year beginning after the 40 percent credit year. the 4th taxable year beginning after the 20 percent. credit year. ``(D) Exceptions.--This paragraph shall not apply in the case of a disposal or cessation described in subparagraph (A) which occurs after or incident to any of the following: ``(i) Death of the taxpayer or the taxpayer's spouse. ``(ii) Divorce of the taxpayer. ``(iii) Involuntary conversion of the residence (within the meaning of section 121(d)(5)(A)). ``(iv) Relocation of duty station or qualified official extended duty (as defined in section 121(d)(9)(C)) of the taxpayer or the taxpayer's spouse who is a member of the uniformed services (as defined in section 121(d)(9)(C)(ii)), a member of the Foreign Service of the United States (as defined in section 121(d)(9)(C)(iii)), or an employee of the intelligence community (as defined in section 121(d)(9)(C)(iv)). ``(v) Change of employment of the taxpayer or the taxpayer's spouse which meets the conditions of section 217(c). ``(vi) Loss of employment, health conditions, or such other unforeseen circumstances as may be specified by the Secretary. ``(e) Adjustment to Basis.--For purposes of this subtitle, if a credit is allowed under this section with respect to any property, the taxpayer's basis in such property shall be reduced by the amount of the credit so allowed. ``(f) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply.''. (b) Conforming Amendment Relating to Basis Adjustment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of paragraph (36), (2) by striking the period at the end of paragraph (37) and inserting ``, and'', and (3) by adding at the end the following new paragraph: ``(38) to the extent provided in section 36(e).''. (c) Conforming Amendment.--Section 26(b)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraph (W) and by redesignating subparagraphs (X) and (Y) as subparagraphs (W) and (X), respectively. (d) Clerical Amendment.--The item relating to section 36 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``Sec. 36. First-time homebuyer refundable credit.''. (e) Math Error Authority.--Subparagraph (N) of section 6213(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(N) in the case of a return claiming the credit under section 36-- ``(i) the omission of a social security number required under section 36(c)(1)(A)(iii), ``(ii) the inclusion of a social security number so required if-- ``(I) the claim of the credit on the return reflects the treatment of such individual as being of an age different from the individual's age based on such social security number, or ``(II) except as provided in section 36(c)(1)(B), such social security number has been included (other than as a dependent for purposes of section 151) on a return for any previous taxable year claiming any credit or deduction described in section 36(c)(1)(A)(i), and ``(iii) a claim of such credit for a taxable year with respect to the purchase of a residence made after the last day of such taxable year.''. (f) IRS Recordkeeping.--Notwithstanding the limitations on assessment and collection under section 6501 of the Internal Revenue Code of 1986, the Commissioner of Internal Revenue shall maintain in perpetuity records of returns and return information (as defined in section 6103(b)(2) of such Code) of any taxpayer claiming the credit under section 36 of such Code (as amended by this section) for the taxable year in which such credit is claimed and succeeding taxable years. The Commissioner may, in the Commissioner's discretion, discard such records within a reasonable amount of time after the death of such taxpayer (and, if married, the taxpayer's spouse). (g) Effective Date.--The amendments made by this section shall apply to residences purchased in taxable years beginning after December 31, 2016.

First-Time Homebuyer Credit Act of 2016 This bill amends the Internal Revenue Code to extend and modify the first-time homebuyer tax credit, which expired in 2010. The bill allows a refundable tax credit for first-time homebuyers of a principal residence in the United States who are at least 18 years of age and not claimed as a dependent by another taxpayer. The credit is equal to 2.5% of the purchase price of the residence, subject to a $10,000 dollar limitation and limits based on the purchase price of the home and the adjusted gross income of the taxpayer. A taxpayer that purchases and disposes of a residence in the same taxable year is not eligible for the credit. Taxpayers that dispose of the residence within five years of claiming the credit are liable for additional taxes based on a specified recapture percentage of the amount of the credit that was allowed. The bill includes several exceptions for a disposal that occurs after circumstances such as a death, divorce, involuntary conversion of the residence, relocation of a military duty station, or changes in employment or health status.

First-Time Homebuyer Credit Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``10th Amendment Regulatory Reform Act''. SEC. 2. FINDINGS. The Congress finds: (1) The 10th article of amendment to the Constitution of the United States (hereinafter in this section referred to as the ``10th Amendment'') , ratified on December 15, 1791, states, ``The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.''. (2) The 10th Amendment expressly limits the powers of the Federal Government to those delegated by the Constitution and reaffirms and protects the freedom of the States to exercise those that are not. (3) The 10th Amendment reflects the opposition of the Founding Fathers to a Federal Government with expansive powers; their intention for the powers of the States to act as a check on those of the Federal Government; and their concern that the Federal Government would attempt to usurp powers intended to remain with the States. (4) James Madison, in The Federalist No. 45, wrote, ``The powers delegated by the proposed Constitution to the Federal Government are few and defined. Those which are to remain in the State governments are numerous and indefinite.''. (5) The Supreme Court, in United States v. Sprague, 282 U.S. 716 (1931), noted, ``The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people.''. (6) The Supreme Court, in Fry v. United States, 421 U.S. 542 (1975), also noted, ``The Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States' integrity or their ability to function effectively in a federal system.''. (7) The Executive Departments and Agencies of the Federal Government often promulgate regulations contrary to the spirit and letter of the 10th Amendment. (8) The 10th Amendment assures that the people of the United States of America and each sovereign State in the Union of States, now have, and have always had, rights the Federal Government may not usurp. (9) It is the responsibility of Congress to safeguard the 10th Amendment and to recognize that it is as vital and valuable today as on the date of its ratification. SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFICIALS TO CHALLENGE FEDERAL RULEMAKING AS A VIOLATION OF THE 10TH AMENDMENT. (a) To Submit a Legal Brief.--During any period when a proposed Federal rule is required under chapter 5, title 5, United States Code, to be open for public comment, any designated State official may file with the head of the agency proposing the rule a legal brief challenging the constitutionality of the proposed rule under the 10th article of amendment to the Constitution. (b) Duty of Federal Official To Post Link to the Brief.--The head of the Federal agency proposing the rule shall prominently post on the agency's primary Web page, in such a manner that it is immediately noticeable to those who visit that Web site, a link to each brief submitted under subsection (a). (c) Response by Federal Agency.--Unless the Federal agency determines not to carry into effect the proposed rule, not later than 15 days after posting the link under subjection (a), the head of that agency shall-- (1) certify in writing that, in the opinion of that head, such rulemaking does not violate the 10th article of amendment to the Constitution and include in that certification a full and complete written statement of the legal reasoning supporting that opinion; and (2) prominently post the certification on the front page of the agency's Web site next to the legal briefs pertaining to that rule posted under subsection (b). (d) Notice to Other States' Officials.--Not later than 15 days after a designated State official submits a brief under this section, the head of the agency proposing the rule shall give notice to each designated State official of each State that the brief was filed. (e) Venue and Jurisdiction of Legal Actions by State Officials.--If a designated State official decides to commence legal action against a proposed or final Federal rule on the grounds that the rule violates the 10th article of amendment to the Constitution, in addition to any other venue or jurisdiction that may be provided by law, the official may elect to file the action in the United States district court for the district in which the official's place of business is located, which shall be a proper venue for the case and the court shall have jurisdiction to hear and determine it. (f) Expedited Appeal.--Upon the request of a designated State official who is a party in the case, the relevant United States Court of Appeals shall grant expedited review of a decision by a district court in any case that could have been brought under subsection (e). (g) Definitions.--As used in this section-- (1) the term ``designated State official'' means, with respect to a State-- (A) the chief executive of the State; (B) the lieutenant governor or equivalent officer of the State; (C) the chief legal officer of the State; or (D) a legislative leader of the State and (2) the term ``legislative leader'' means a speaker, majority leader, or minority leader, of the State legislature or any House thereof.

10th Amendment Regulatory Reform Act - Authorizes a designated state official to file with the head of a federal agency proposing a rule, during the period when the proposed rule is required to be open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment. Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief is filed; (2) to post prominently on the agency's primary Web page a link to the brief; and (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the front page of the agency's website, unless the agency determines it will not put the proposed rule into effect. Authorizes a state official who decides to challenge a federal rule on the grounds that it violates the Tenth Amendment to elect to file a legal action in U.S. district court for the district in which the official's place of business is located. Directs the relevant U.S. Court of Appeals, at the request of a designated state official, to grant expedited review of a decision by a district court in such a case.

To protect 10th Amendment rights by providing special standing for State government officials to challenge proposed regulations, and for other purposes.

SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN LINE ITEMS IN ENTRIES OF TAILORED GARMENTS FROM COSTA RICA. (a) Liquidation or Reliquidation of Line Items in Entries.-- Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, U.S. Customs and Border Protection shall, not later than 180 days after the date of the enactment of this Act-- (1) liquidate or reliquidate at the rate of zero percent the goods entered under the entry summary (CBP Form 7501) line items listed in subsection (b) containing tailored garments from Costa Rica; and (2) refund to the importer of record the amount of excess duties previously collected on those line items. (b) Affected Entry Summary Line Items.--The line items and corresponding entries referred to in subsection (a)(1) are as follows: ---------------------------------------------------------------------------------------------------------------- Entry Number Line Items............... Date of Entry ---------------------------------------------------------------------------------------------------------------- 336 6995690-9 1, 2, 3, 4, 5, 6, and 7.. 01/21/2009 ---------------------------------------------------------------------------------------------------------------- 336 6995752-7 1, 2, 3, 4, 5, 6, 7, and 01/21/2009 8. ---------------------------------------------------------------------------------------------------------------- 336 6857236-8 2 and 4.................. 02/05/2009 ---------------------------------------------------------------------------------------------------------------- 336 6995915-0 1, 2, 3, 4, 5, 6, 7, 8, 02/18/2009 9, and 10. ---------------------------------------------------------------------------------------------------------------- 336 6996645-2 1, 2, and 3.............. 03/11/2009 ---------------------------------------------------------------------------------------------------------------- 336 6996703-9 1, 2, 3, 9, 10, and 11... 03/13/2009 ---------------------------------------------------------------------------------------------------------------- 336 6997034-8 1, 2, 3, 4, 5, 6, and 7.. 03/25/2009 ---------------------------------------------------------------------------------------------------------------- 336 6997136-1 2, 3, 5, 6, and 8........ 04/09/2009 ---------------------------------------------------------------------------------------------------------------- 336 6997562-8 1, 2, 3, and 4........... 04/17/2009 ---------------------------------------------------------------------------------------------------------------- 336 6997875-4 1, 2, 3, 4, 5, 6, 7, and 04/29/2009 10. ---------------------------------------------------------------------------------------------------------------- 336 6997960-4 1........................ 05/01/2009 ---------------------------------------------------------------------------------------------------------------- 336 6280217-5 1, 2, 3, 4, 6, 7, and 8.. 05/20/2009 ---------------------------------------------------------------------------------------------------------------- 336 6280254-8 1........................ 05/16/2009 ---------------------------------------------------------------------------------------------------------------- 336 6280767-9 1, 2, 3, 4, 6, 7, 8, 12, 06/11/2009 and 16. ---------------------------------------------------------------------------------------------------------------- 336 6280845-3 1, 2, 3, 4, 5, 6, 9, and 06/17/2009 10. ---------------------------------------------------------------------------------------------------------------- 336 6281209-1 1, 2, 3, 4, and 5........ 06/30/2009 ---------------------------------------------------------------------------------------------------------------- 336 6281379-2 2, 3, 4, 10, 13, 14, and 07/08/2009 15. ---------------------------------------------------------------------------------------------------------------- 336 6281524-3 1, 2, 3, 4, 5, 6, 7, 11, 07/10/2009 and 12. ---------------------------------------------------------------------------------------------------------------- 336 6282427-8 1, 2, 3, 4, 5, 6, 10, and 08/19/2009 11. ---------------------------------------------------------------------------------------------------------------- 336 6282428-6 1, 2, 5, 6, 10, and 11... 08/19/2009 ---------------------------------------------------------------------------------------------------------------- 336 6282672-9 1........................ 08/31/2009 ---------------------------------------------------------------------------------------------------------------- 336 6283041-6 1 and 2.................. 09/05/2009 ---------------------------------------------------------------------------------------------------------------- 336 6283235-4 1, 2, 3, 4, 5, 6, 8, and 09/16/2009 9. ---------------------------------------------------------------------------------------------------------------- 336 6283234-7 1, 2, 3, 6, 7, 10, 12, 09/16/2009 13, and 14. ---------------------------------------------------------------------------------------------------------------- 336 6283806-2 1, 2, 3, 4, 5, 9, and 10. 10/08/2009 ----------------------------------------------------------------------------------------------------------------

Directs U.S. Customs and Border Protection to provide for the liquidation or reliquidation of certain line items in entries of tailored garments from Costa Rica.

A bill to provide for the liquidation or reliquidation of certain line items in entries of tailored garments from Costa Rica.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans, Women, Families with Children, Race, and Persons with Disabilities Housing Fairness Act of 2013'' or the ``Housing Fairness Act of 2013''. SEC. 2. TESTING FOR DISCRIMINATION. (a) In General.--The Secretary of Housing and Urban Development shall conduct a nationwide program of testing to-- (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan, and measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (2) measure the prevalence of such discriminatory practices across the housing and mortgage lending markets as a whole. (b) Administration.--The Secretary of Housing and Urban Development shall enter into agreements with qualified fair housing enforcement organizations, as such organizations are defined under subsection (h) of section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), for the purpose of conducting the testing required under subsection (a). (c) Program Requirements.--The Secretary shall-- (1) submit to the Congress an evaluation by the Secretary of the effectiveness of the program under this section; and (2) issue regulations that require each application for the program under this section to contain-- (A) a description of the assisted activities proposed to be undertaken by the applicant; (B) a description of the experience of the applicant in formulating or carrying out programs to carry out the activities described in subsection (a); and (C) a description of proposed procedures to be used by the applicant for evaluating the results of the activities proposed to be carried out under the program. (d) Report.--The Secretary of Housing and Urban Development shall report to Congress-- (1) on a biennial basis, the aggregate outcomes of testing required under subsection (a) along with any recommendations or proposals for legislative or administrative action to address any issues raised by such testing; and (2) on an annual basis, a detailed summary of the messages received by the Office of Fair Housing and Equal Opportunity of the Department through its 24-hour toll-free telephone hotline, through electronic mail, and through its website. The Secretary may submit the reports required under paragraph (1) of this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 3608(e)) and section 561(j) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)). (e) Use of Results.--The results of any testing required under subsection (a) may be used as the basis for the Secretary, or any Federal agency authorized to bring such an enforcement action, or any State or local government or agency, public or private nonprofit organization or institution, or other public or private entity that the Secretary has entered into a contract or cooperative agreement with under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) to commence, undertake, or pursue any investigation or enforcement action to remedy any discriminatory housing practice (as such term is defined in section 802 of the Fair Housing Act (42 U.S.C. 3602)) uncovered as a result of such testing. (f) Definitions.--As used in this section: (1) Disability status.--The term ``disability status'' has the same meaning given the term ``handicap'' in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (2) Familial status.--The term ``familial status'' has the same meaning given that term in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (g) Relationship to Other Laws.--Nothing in this section may be construed to amend, alter, or affect any provision of criminal law or the Truth in Lending Act (15 U.S.C. 1601 et seq.). (h) Regulations.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations conducting testing required under subsection (a). Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and such regulations shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $15,000,000 for each of fiscal years 2014 through 2018. SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES PROGRAM. (a) In General.--Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``qualified'' before ``private nonprofit fair housing enforcement organizations,''; and (B) in paragraph (2), by inserting ``qualified'' before ``private nonprofit fair housing enforcement organizations,''; (2) by striking subsection (g) and inserting the following: ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out the provisions of this section $42,500,000 for each of fiscal years 2014 through 2018, of which-- ``(A) not less than 75 percent of such amounts shall be for private enforcement initiatives authorized under subsection (b); ``(B) not more than 10 percent of such amounts shall be for education and outreach programs under subsection (d); and ``(C) any remaining amounts shall be used for program activities authorized under this section. ``(2) Availability.--Any amount appropriated under this section shall remain available until expended to carry out the provisions of this section.''; (3) in subsection (h), in the matter following subparagraph (C), by inserting ``and meets the criteria described in subparagraphs (A) and (C)'' after ``subparagraph (B)''; and (4) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking the period and inserting ``; and''; and (iii) by adding after subparagraph (D) the following new subparagraph: ``(E) websites and other media outlets.''; (B) in paragraph (2), by striking ``or other public or private entities'' and inserting ``or other public or private nonprofit entities''; and (C) in paragraph (3), by striking ``or other public or private entities'' and inserting ``or other public or private nonprofit entities''. (b) Regulations.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations funded with any amounts made available to carry out this section for any of fiscal years 2014 through 2018. Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of Housing and Urban Development should-- (1) fully comply with the requirements of section 561(d) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(d)) to establish, design, and maintain a national education and outreach program to provide a centralized, coordinated effort for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) expend for such education and outreach programs all amounts appropriated for such programs; (3) promulgate regulations regarding the fair housing obligations of each recipient of Federal housing and community development funds to affirmatively further fair housing, as that term is defined under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.); and (4) fully comply with the requirements of section 810(a) of the Fair Housing Act (42 U.S.C. 3610(a)). SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION. (a) Grant Program.--The Secretary of Housing and Urban Development shall carry out a competitive matching grant program to assist public and private nonprofit organizations in-- (1) conducting comprehensive studies that examine-- (A) the causes of housing discrimination and segregation; (B) the effects of housing discrimination and segregation on education, poverty, and economic development; or (C) the incidences, causes, and effects of housing discrimination and segregation on veterans and military personnel; and (2) implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation. (b) Eligibility.--To be eligible to receive a grant under this section, a public or private nonprofit organization shall-- (1) submit an application to the Secretary of Housing and Urban Development, containing such information as the Secretary shall require; (2) agree to provide matching non-Federal funds for 50 percent of the total amount of the grant, which matching funds may include items donated on an in-kind contribution basis; and (3) meet the requirements of a qualified fair housing enforcement organization, as such term is defined in section 561(h) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), or subcontract with a qualified fair housing enforcement organization as a primary subcontractor. (c) Report.--The Secretary of Housing and Urban Development shall submit a report to the Congress on a biennial basis that provides a detailed summary of the results of the comprehensive studies and pilot projects carried out under subsection (a), together with any recommendations or proposals for legislative or administrative actions to address any issues raised by such studies. The Secretary may submit the reports required under this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 10 3608(e)) and section 561(j) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)). (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $5,000,000 for each of fiscal years 2014 through 2018. SEC. 6. LIMITATION ON USE OF FUNDS. None of the funds made available under this Act, or the amendments made by this Act, may be used for any political activities, political advocacy, or lobbying (as such terms are defined by Circular A-122 of the Office of Management and Budget, entitled ``Cost Principles for Non-Profit Organizations''), or for expenses for travel to engage in political activities or preparation of or provision of advice on tax returns.

Veterans, Women, Families with Children, Race, and Persons with Disabilities Housing Fairness Act of 2013 or Housing Fairness Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) to conduct a nationwide testing program to: (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan; (2) measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (3) measure the prevalence of such discriminatory practices across housing and mortgage lending markets. Amends the Housing and Community Development Act of 1987 to require that only qualified private nonprofit fair housing enforcement organizations receive funds under the fair housing initiatives program for investigations of violations of the rights granted under the Civil Rights Act of 1968. Requires the design of the national education and outreach program to provide for the development and dissemination of websites and other media outlets among its fair housing media products. Requires private entities that formulate or carry out programs to prevent or eliminate discriminatory housing practices to be nonprofit in order to be eligible for contracts to establish or support education and outreach programs and to support community-based education and outreach activities. Requires the Secretary to establish minimum standards for the training of testers of organizations funded with any amounts made available under this Act. Directs the Secretary to implement a competitive matching grant program to assist public and private nonprofit organizations in: (1) conducting comprehensive studies of the causes and effects of housing discrimination and segregation on education, poverty, and economic development or on veterans and military personnel; and (2) implementing pilot projects that test solutions to help prevent or alleviate housing discrimination and segregation.

Housing Fairness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Succession Act of 2005''. SEC. 2. PRESIDENTIAL SUCCESSION. (a) In General.--Section 19(d) of title 3, United States Code, is amended-- (1) in paragraph (1), by inserting ``, Secretary of Homeland Security, Ambassador to the United Nations, Ambassador to Great Britain, Ambassador to Russia, Ambassador to China, Ambassador to France'' after ``Secretary of Veterans Affairs''; (2) in paragraph (2), by striking ``but not'' and all that follows through the period and inserting ``or until the disability of the President or Vice President is removed.''; (3) in paragraph (3)-- (A) by striking ``be held to constitute'' and inserting ``not require''; and (B) by adding at the end the following: ``Such individual shall not receive compensation from holding that office during the period that the individual acts as President under this section, and shall be compensated for that period as provided under subsection (c).''; and (4) by adding at the end the following: ``(4) This subsection shall apply only to such officers that are-- ``(A) eligible to the office of President under the Constitution; ``(B) appointed to an office listed under paragraph (1), by and with the advice and consent of the Senate, prior to the time the powers and duties of the President devolve to such officer under paragraph (1); and ``(C) not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them.''. (b) Conforming Amendments.--Section 19 of title 3, United States Code, is amended-- (1) in subsection (b), by striking ``as Acting President'' and inserting ``to act as President''; and (2) in subsection (e)-- (A) in the first sentence, by striking ``(a), (b), and (d)'' and inserting ``(a) and (b)''; and (B) by striking the second sentence. SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR INCAPACITY OF NOMINEES. It is the sense of Congress that-- (1) during a Presidential election year, the nominees of each political party for the office of President and Vice President should jointly announce and designate on or before the final day of the convention (or related event) at which they are nominated the individuals for whom the electors of President and Vice President who are pledged to vote for such nominees should give their votes for such offices in the event that such nominees are deceased or permanently incapacitated prior to the date of the meeting of the electors of each State under section 7 of title 3, United States Code; (2) in the event a nominee for President is deceased or permanently incapacitated prior to the date referred to in paragraph (1) (but the nominee for Vice President of the same political party is not deceased or permanently incapacitated), the electors of President who are pledged to vote for the nominee should give their votes to the nominee of the same political party for the office of Vice President, and the electors of Vice President who are pledged to vote for the nominee for Vice President should give their votes to the individual designated for such office by the nominees under paragraph (1); (3) in the event a nominee for Vice President is deceased or permanently incapacitated prior to the date referred to in paragraph (1) (but the nominee for President of the same political party is not deceased or permanently incapacitated), the electors of Vice President who are pledged to vote for such nominee should give their votes to the individual designated for such office by the nominees under paragraph (1); (4) in the event that both the nominee for President and the nominee for Vice President of the same political party are deceased or permanently incapacitated prior to the date referred to in paragraph (1), the electors of President and Vice President who are pledged to vote for such nominees should vote for the individuals designated for each such office by the nominees under paragraph (1); and (5) political parties should establish rules and procedures consistent with the procedures described in the preceding paragraphs, including procedures to obtain written pledges from electors to vote in the manner described in such paragraphs. SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOVERNMENT AND THE SMOOTH TRANSITION OF EXECUTIVE POWER. It is the sense of Congress that during the period preceding the end of a term of office in which a President will not be serving a succeeding term-- (1) that President should consider submitting the nominations of individuals to the Senate who are selected by the President-elect for offices that fall within the line of succession; (2) the Senate should consider conducting confirmation proceedings and votes on the nominations described under paragraph (1), to the extent determined appropriate by the Senate, between January 3 and January 20 before the Inauguration; and (3) that President should consider agreeing to sign and deliver commissions for all approved nominations on January 20 before the Inauguration to ensure continuity of Government.

Presidential Succession Act of 2005 - Modifies the presidential succession list to include, following the Secretary of Veterans Affairs, the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France. Revises the provision specifying how long an acting President shall serve to provide that an acting President shall continue to serve as such until the expiration of the then current Presidential term or until the disability of the President or Vice-President is removed.

A bill to amend chapter 1 of title 3, United States Code, relating to Presidential succession.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Law Enforcement Officers Memorial Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Five Dollar Gold Coins.--The Secretary of the Treasury (hereafter referred to as the ``Secretary'') shall issue not more than 200,000 five dollar coins, which shall-- (1) weigh 8.859 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) One Dollar Silver Coins.--The Secretary shall issue not more than 750,000 one dollar coins which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Design.--The design of coins authorized to be minted under this Act shall be emblematic of the National Law Enforcement Officers Memorial. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1994'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (d) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (e) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under existing law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for each coin authorized by this Act shall be-- (1) selected by the Secretary after consultation with the National Law Enforcement Officers Memorial Fund, Inc., the Secretary of the Interior, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Advisory Committee. SEC. 5. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price at least equal to the cost of bullion, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.--All sales shall include a surcharge of $35 per coin for the five dollar coins and $7 per coin for the one dollar coins. SEC. 6. ISSUANCE OF THE COINS. (a) Period for Issuance.--The coins authorized under this Act shall be issued only through the end of calendar year 1994. (b) Proof and Uncirculated Coins.--The coins authorized under this Act shall be issued in uncirculated and proof qualities, and not more than 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this title. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this title from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. The total amount of surcharges received by the Secretary from the sale of coins under this Act shall be promptly paid by the Secretary to the Fund established under section 11. SEC. 9. AUDITS. The Comptroller General shall have the right to examine such books, records, documents, and other data of the National Park Service as may be related to the expenditure of amounts paid under section 8. SEC. 10. FINANCIAL ASSURANCES. (a) No Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins under this Act shall not result in any net cost to the Federal Government. (b) Payment.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. SEC. 11. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND. (a) Establishment.--There is hereby established the National Law Enforcement Officers Memorial Maintenance Fund (hereafter referred to as the ``Fund''), which shall be a revolving fund, to be administered by the Secretary of the Interior. Monies for the Fund shall be raised through surcharges paid to the Fund pursuant to section 8. The Secretary of the Interior may accept donations for the Fund. The Fund shall be maintained in an interest bearing account within the Department of the Treasury. (b) Purposes.--The Fund shall be used-- (1) for maintenance and repair of the National Law Enforcement Officers Memorial; (2) to add to the Memorial the names of law enforcement officers who have died in the line of duty; (3) for security of the Memorial site, to include the posting of National Park Service rangers and United States Park Police, as appropriate; (4) at the discretion of the Secretary of the Interior and in consultation with the Secretary of the Treasury and the Attorney General of the United States, who shall establish an equitable procedure between the Fund and such other organizations as may be appropriate, to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial, the total amount of such scholarships not to exceed 10 percent of the Fund's annual income; (5) for the dissemination of information regarding the Memorial to the general public; and (6) to administer the Fund, including contracting for necessary services, in an amount not to exceed the lesser of-- (A) 10 percent of the Fund's annual income; or (B) $200,000 in any 1-year period. (c) Budget and Audit Treatment.--The Fund shall be subject to the budget and audit provisions of chapter 91 of title 31, United States Code.

National Law Enforcement Officers Memorial Coin Act - Directs the Secretary of the Treasury to issue gold and silver coins emblematic of the National Law Enforcement Officers Memorial. Establishes the National Law Enforcement Officers Memorial Maintenance Fund to be administered by the Secretary of the Interior for Memorial-related purposes and to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial.

National Law Enforcement Officers Memorial Coin Act

SECTION 1. FEASIBILITY STUDY. (a) Authorized.--Pursuant to Federal reclamation law (the Act of June 7, 1902, and all Acts amendatory thereof or supplementary thereto), the Secretary of the Interior is authorized to conduct a feasibility study to determine the most feasible method of meeting the present and future water supply and related storage requirements within the area served by the Fryingpan-Arkansas Project, including the potential enlargement of Fryingpan-Arkansas facilities. In conducting such study, the Secretary shall take into consideration the Preferred Storage Options Plan Report published September 21, 2000, by the Southeastern Colorado Water and Storage Needs Assessment Enterprise and Final PSOP Implementation Committee Report dated April 19, 2001 (hereinafter referred to as the ``PSOP Reports''), the intergovernmental agreement dated May 27, 2004 among the City of Pueblo, the City of Aurora, the Southeastern Colorado Water Conservancy District, the City of Fountain, the City of Colorado Springs, the Board of Water Works of Pueblo, Colorado (hereinafter referred to as the ``Regional IGA''), and the need to ensure compliance with the Arkansas River Compact as executed by the states of Colorado and Kansas on December 14, 1948 (hereinafter referred to as the ``Arkansas River Compact''). (b) Funding.--Before funds are expended for the study authorized by this section, the Southeastern Colorado Water Activity Enterprise shall first agree to participate in the feasibility study and to fund, at a minimum, 50 percent of the costs of such study. The Southeastern Colorado Water Activity Enterprise's share of the costs may be provided partly or wholly in the form of services directly related to the conduct of the study, as determined by the Secretary. Costs incurred prior to the enactment of this Act to develop the PSOP Reports may be credited toward such Enterprise's share of the costs of the feasibility study, as determined by the Secretary. (c) Study to Be Submitted.--The Secretary shall submit the feasibility study authorized by this section to the President and the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (d) Further Authorization Required for Certain Expenditures.--No funds shall be expended for the construction of enlargements, or any other alternative identified in the feasibility study authorized by this section for which authority does not currently exist, without further authorization by Congress. (e) Authorization of Appropriations.--There is authorized to be appropriated $4,000,000 to conduct the feasibility study authorized by this section. SEC. 2. SECRETARY AUTHORIZED TO ENTER INTO CONTRACTS FOR THE USE OF EXCESS STORAGE AND CONVEYANCE CAPACITY OF THE FRYINGPAN- ARKANSAS PROJECT, COLORADO. The Act of August 16, 1962, as amended, (76 Stat. 389 et seq., as amended), is amended further by adding at the end the following new sections: ``Sec. 8. (a)(1) Except as provided in Section 9, and subject to the provisions of this Act and all other applicable Federal statutes, the Secretary is authorized to enter into contracts with any entity, private or public, (hereinafter referred to as `entity'), for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose. ``(2) In entering into such contracts, the Secretary shall take into consideration the PSOP Reports, the Regional IGA and the need to ensure compliance with the Arkansas River Compact. ``(b) The Secretary is authorized to enter into contracts pursuant to this section provided that-- ``(1) to the extent such contracts are with an entity that does not have an allocation of Project carry over storage space pursuant to the allocation principles adopted by the Southeastern Colorado Water Conservancy District on November 29, 1979, and confirmed by the District Court of Pueblo County in Civil Action No. 40487 by decree dated December 18, 1979, including any subsequent modifications made by the District that are confirmed by the District Court; the contracts shall not impair or otherwise interfere with the ability of an entity that does have an allocation of Project carry over storage space to enter into contracts for the use of excess water storage and conveyance capacity pursuant to this section 8; and ``(2) except as provided in section 9, before entering into such a contract with an entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River within Colorado, the Secretary shall provide the Southeastern Colorado Water Conservancy District a first right of refusal, exercisable within 90 days, to enter into contracts for the use of excess water storage and conveyance capacity made available to the individual or entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River within Colorado; Provided, in no event shall the Southeastern Colorado Water Conservancy District enter into a sub-contract with an entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River. ``(c) Subject to the provisions of subsection (b), the Secretary may enter into contracts authorized by this section upon such terms and conditions as the Secretary may determine to be just and equitable. The term of any such contract shall be for such period, not to exceed 40 years, as the Secretary deems appropriate. Upon expiration, such contracts may be renewed upon such terms and conditions as may be mutually agreeable to the Secretary and the contractor for the use of excess capacity. ``(d) All charges established pursuant to this section shall be just and equitable as to the rates paid by the those entities that receive project water from the Fryingpan-Arkansas Project facilities. ``(e) Prior to the execution of any contracts under this section, the Secretary shall execute an agreement with the Southeastern Colorado Water Activity Enterprise to provide guidelines for the terms to be contained in the contracts executed pursuant to this section. Such guidelines shall appropriately address impacts associated with water operations under the contracts, surcharges established by the Enterprise, reimbursement of costs incurred, and water quality monitoring, as identified by the Southeastern Colorado Water Activity Enterprise and the Secretary. ``Sec. 9. (a) The Secretary of the Interior may enter into new and renewal contracts with the City of Aurora, Colorado, or an enterprise of the City, for a term not to exceed the term referenced in Section 8(c), for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose. Such contracts shall be-- ``(1) limited to waters appropriated from the Arkansas River held by the City of Aurora, Colorado, or an enterprise of the City that-- ``(A) are decreed water rights and owned by the City of Aurora, Colorado, or an enterprise of the City as of December 7, 2001; ``(B) are water rights described in a Colorado Water Court water rights application pending as of December 7, 2001, or an amendment or re-filing thereof, as long as such amendment or re-filing does not increase the draft of water from the Arkansas Basin that would have been available to City of Aurora, Colorado, or an enterprise of the City under the original application; ``(C) result from water lease agreements existing as of December 7, 2001, including any renewal or replacement contract for no more than the existing amount of water; ``(D) result from interruptible supply agreements or water bank transactions authorized under Colorado law, and operating no more than five calendar years during any period of ten consecutive calendar years; or ``(E) is traded to, or exchanged with, the City of Aurora, Colorado, or an enterprise of the City for one of the foregoing items (A) through (C) as long as such trade or exchange does not increase the draft of water from the Arkansas River Basin that would have been available to the City of Aurora, Colorado, or an enterprise of the City under subparagraphs (A) through (C); ``(2) are for water obtained by the City of Aurora, Colorado, or an enterprise of the City from the Colorado River consistent with section 12; or ``(3) take into consideration the need to ensure compliance with the Arkansas River Compact as executed by the states of Colorado and Kansas on December 14, 1948. ``(b) Prior to the execution of any renewal contract with the City of Aurora, the Secretary of the Interior shall execute an Agreement with the Southeastern Colorado Water Activity Enterprise, which agreement shall provide guidelines for the terms to be contained in a renewal contract executed pursuant to this section. Such guidelines shall appropriately address those impacts associated with water operations under the contracts, such as storage and convenience charges, surcharges established by the Enterprise, reimbursement of costs incurred, and water quality monitoring, as identified by the Southeastern Colorado Enterprise and the Secretary. ``(c) Any contract executed under the authority of subsection (a) or (b) shall be in compliance with the provisions of section 8(b)(1). ``(d) The Secretary shall establish such charges under this section 9 in a manner consistent with the provisions of section 8(d). ``Sec. 10. (a) Nonproject water diverted, stored, impounded, pumped, exchanged, or conveyed under a contract entered into pursuant to section 8 or 9 shall be exempt from any acreage limitation provisions of the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto including, but not limited to, the Warren Act of 1911, the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa-zz-1) and from any farm unit size limitations established pursuant to section 4(c)(5) of the Act of August 11, 1939 (Chapter 717; 16 U.S.C. 59-2(c)(5)). ``(b) Notwithstanding subsection (a), if such nonproject water is commingled with project water in Reclamation project facilities, and the resulting commingled supply is used to irrigate lands in a project contractor's service area, then such commingled water shall bear the same acreage limitations or farm unit size limitations as the project water unless-- ``(1) contract provisions are in effect which provide that project or nonproject water, or both, will be accounted for on a quantitative basis, that project water will not be delivered to ineligible land, and that appropriate charges, as determined by the Secretary, will be paid for the project water; and ``(2) the charges for the use of the excess capacity include an appropriate interest component, as determined by the Secretary. ``Sec. 11. (a) Excess water storage capacity of the Fryingpan- Arkansas Project to divert, store, impound, pump, exchange, or convey nonproject water made available under contracts executed pursuant to the provisions of sections 8 and 9 shall not be utilized so as to increase diversion of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage unless-- ``(1) the diversion is the subject of a decree entered prior to the effective date of this section for which no new infrastructure or legal approvals are necessary to divert the water out of the natural basin; ``(2) the diversion is the subject of an agreement in existence on the date of the enactment of this section, contemplating additional diversions diverted through or stored in the facilities authorized by this Act, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; ``(3) the diversion is the subject of an intergovernmental agreement or other contractual arrangement executed after the date of the enactment of this section, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; or ``(4) the beneficiary of such transbasin diversion provides compensatory storage or alternate water supply in an amount equal to the quantity diverted out of the basin for the benefit of the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion. ``(b) Prior to executing any agreement, or arrangement or agreement for provision of compensatory storage or alternative water supply, that allows for increased diversions of nonproject water as described in subsection (a), the parties to such agreements or arrangements shall submit the agreement or arrangement to the Secretary, who, within 30 days, shall submit such agreement or arrangement to the President Pro Tempore of the Senate and the Speaker of the House of Representatives for a period of not less than 60 days. ``(c) This section shall not be considered as precedent for any other Congressionally authorized project.''.

Authorizes the Secretary of the Interior to: (1) conduct a feasibility study to determine the most feasible method of meeting the present and future water supply and related storage requirements within the area served by the Fryingpan-Arkansas Project, Colorado, including the potential enlargement of Fryingpan-Arkansas facilities; and (2) enter into contracts with any entity, private or public for the use of excess capacity in such Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose; and (3) enter into new and renewal contracts with the City of Aurora, Colorado, or an enterprise of the City, for a specified term, for the use of excess capacity in such Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose.

To authorize the Secretary of the Interior to enter into contracts for the use of excess storage and conveyance capacity of the Fryingpan-Arkansas Project, Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Refund Anticipation Loan Consumer Protection Act''. SEC. 2. ADVERTISING AND DISCLOSURE REQUIREMENTS. (a) In General.--Section 128 of the Truth in Lending Act (U.S.C. 1638) is amended by adding at the end the following new subsection: ``(e) Advertising and Disclosure Requirements for Tax Refund Anticipation Loans.-- ``(1) Definitions.-- ``(A) Income tax refund anticipation loan.--The term `income tax refund anticipation loan' means any short-term extension of credit, whether in cash, through a stored value card, in the form of a down payment or deposit in connection with a transaction to which the consumer is a party, or otherwise, to a consumer in exchange for-- ``(i) the sale or assignment of the consumer's anticipated income tax refund or rebate to the creditor or the income tax refund anticipation loan originator; or ``(ii) an arrangement authorized by the consumer pursuant to which such anticipated income tax refund or rebate secures, directly or indirectly, the repayment of such extension of credit or will be credited against any balance owed by the consumer on such extension of credit. ``(B) Income tax refund anticipation loan originator.--The term `income tax refund anticipation loan originator'-- ``(i) means any person, including any income tax return preparer, electronic tax return filer, or check cashing service, who engages in income tax refund anticipation loan origination; ``(ii) includes any person who represents to the public, through advertising or other means of communicating or providing information (including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items), that such person can or will provide or perform any of the activities described in any clause of subparagraph (C); and ``(iii) does not include who performs purely administrative or clerical tasks on behalf of a person who is described in any clause (i) or (ii). ``(C) Income tax refund anticipation loan origination.--The term `income tax refund anticipation loan origination' means-- ``(i) accepting an income tax refund anticipation loan application for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain; ``(ii) assisting a consumer in obtaining or applying to obtain an income tax refund anticipation loan (whether or not such assistance is described as a loan to the consumer) for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain; or ``(iii) offering or negotiating terms of an income tax refund anticipation loan, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain. ``(D) Income tax return preparer.--The term `income tax return preparer'-- ``(i) has the same meaning as in section 7701(a)(36) of the Internal Revenue Code of 1986; and ``(ii) includes any person who prepares for compensation, or who employs 1 or more persons to prepare for compensation, any return of tax imposed under State law. ``(E) Compensation.--For purposes of this title, the term `compensation' when used in connection with the preparation by any person of any return of tax for a consumer, includes any compensation or gain directly or indirectly received by such person for acting as an income tax refund anticipation loan originator for such consumer with regard to such return. ``(2) Advertising requirements.-- ``(A) Prohibition on confusing refund with loan.-- An advertisement for an income tax refund anticipation loan may not-- ``(i) describe an income tax refund anticipation loan as a tax refund or rebate; or ``(ii) advertise or solicit tax preparation services as including the possibility of obtaining an immediate or rapid income tax refund or rebate if the immediate or rapid income tax refund or rebate involves an income tax refund anticipation loan origination. ``(B) Information required to be provided in ads for income tax refund anticipation loans.--Any advertisement for an income tax refund anticipation loan shall include the following information with respect to such loan: ``(i) Any fees imposed by the originator in connection with the origination of such loan. ``(ii) The annual percentage rate applicable with respect to such loan and any fees imposed by the creditor in connection with such loan. ``(iii) The name of the creditor, if other than the originator, with respect to such loan. ``(3) Contract and disclosure requirements.-- ``(A) Contract requirements.--No income tax refund anticipation loan origination services may be provided by any income tax refund anticipation loan originator for any consumer unless a written and dated contract (for such services) which meets the requirements of subparagraph (B) has been signed by the consumer. ``(B) Disclosure requirements.--No contract referred to in subparagraph (A) meets the requirements of this paragraph unless the following information relating to the income tax refund anticipation loan is included in such contract (in writing) and is verbally communicated to the consumer (regardless of whether any of such information is also required under this chapter to be provided by the creditor to the consumer): ``(i) The purpose and the amount of all fees associated with the loan that will be imposed by the originator, the creditor, and any other person involved in the transaction. ``(ii) The estimated amount of the Federal or State tax refund. ``(iii) The fact that the consumer will be responsible for the repayment of the entire loan amount and all related costs and fees regardless of whether-- ``(I) the individual receives a refund; ``(II) the amount of the actual refund is greater than or less than the amount of the estimate of the refund; or ``(III) any mistake or miscalculation was made by the income tax return preparer in the preparation of the tax return or in determining the amount of the refund. ``(iv) The date by which, on average, a refund could be expected to be received using a refund direct deposit program if the consumer filed the return electronically. ``(v) Information on obtaining low- or no- cost income tax preparation, electronic filing and direct deposit of refund services from Volunteer Income Tax Assistance Program (VITA) for low- to moderate-income individuals and military personnel and their families or Tax Counseling for the Elderly (TCE), which will allow the consumer to receive a refund in usually no more than 10 days. ``(vi) A website and a toll-free telephone number for locating the nearest Volunteer Income Tax Assistance Program or Tax Counseling for the Elderly office. ``(4) Enforcement.--Section 130 shall be applied for purposes of this paragraph substituting `income tax refund anticipation loan originator' for `creditor' each place such term appears in such section.''. (b) Prompt Model Disclosure Form Publication.--The Board of Governors of the Federal Reserve System shall publish model disclosure forms for implementation of the amendment made by subsection (a) with regard to income tax refund anticipation loans, in accordance with section 105 of the Truth in Lending Act, before the end of the 6-month period beginning on the date of the enactment of this Act. (c) Effective Date.--The amendment made by subsection (a) shall apply after the end of the 60-day period beginning on the date of the enactment of this Act.

Tax Refund Anticipation Loan Consumer Protection Act - Amends the Truth in Lending Act to prescribe advertising and disclosure requirements for tax refund anticipation loans. Prohibits an advertisement for an income tax refund anticipation loan from: (1) describing such a loan as a tax refund or rebate; or (2) advertising or soliciting tax preparation services as including the possibility of obtaining an immediate or rapid income tax refund or rebate if the refund or rebate involves an income tax refund anticipation loan origination. Requires an advertisement for an income tax refund anticipation loan to disclose: (1) fees imposed by the originator in connection with the loan origination; (2) the applicable annual percentage rate (APR) and fees; and (3) the name of the creditor if other than the originator. Sets forth contract and disclosure requirements for income tax refund anticipation loan origination services. Instructs the Board of Governors of the Federal Reserve System to publish model disclosure forms to implement this Act.

To amend the Truth in Lending Act to establish certain advertising and disclosure requirements with respect to tax refund anticipation loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Identification and Marketing Opportunities Act''. SEC. 2. FINDINGS. Congress finds the following: (1) For purposes of animal health investigation and surveillance, there needs to be an identification system that can trace animals from the time of first movement of the animal from its original premise to the time of slaughter of the animal in less than 48 hours. (2) The beef industry estimates that the United States cattle industry lost approximately $3,000,000,000 in export value on beef, beef variety meats, hides, and tallow during the 12 months since a December 2003 diagnosis in the United States of bovine spongiform encephalopathy. A livestock identification system may have prevented some of this loss. (3) In order to be as efficient as possible, the livestock identification system needs to be automated and electronic with participants using compatible technologies. (4) The livestock identification system needs to be flexible enough to adapt to changes in technology and to the demands of the industry and the markets. (5) The best technology available should be used for the livestock identification system while still allowing for registration into the system for livestock owners who are economically disadvantaged. (6) Confidentiality of information on animal movements, sales, and ownership is necessary to ensure that livestock owners have the confidence to comply with and fully participate in the livestock identification system. (7) Besides animal disease surveillance, the livestock identification system should provide a commercial information exchange infrastructure that would allow for enhanced marketing opportunities. SEC. 3. LIVESTOCK IDENTIFICATION BOARD. (a) Establishment.--There is established a board to be known as the ``Livestock Identification Board''. (b) Duties.--The duties of the Board shall be to-- (1) establish and maintain an electronic livestock identification system that-- (A) is capable of tracing all livestock in the United States from the time of first movement of the livestock from its original premise to the time of slaughter of such livestock in less than 48 hours; (B) tracks all relevant information about the livestock, including-- (i) the livestock identification number or the group or lot identification number for the livestock, as applicable; (ii) the date the livestock identification number or the group or lot identification number was assigned; (iii) the premise identification number; (iv) the species of the livestock; (v) the date of birth of the livestock, to the extent possible; (vi) the sex of the livestock; (vii) any other information the Board considers appropriate for animal disease surveillance; and (viii) any other information that the person who owns or controls the livestock voluntarily submits to the Board; (2) maintain information obtained through the livestock identification system in a centralized data system; and (3) determine the official identification technology to be used to track animals under the livestock identification system. (c) Powers.--The Board may-- (1) prescribe and collect fees to recover the costs of the livestock identification system; and (2) establish and maintain a grant program to assist persons with fulfilling the requirements of the livestock identification system. (d) Membership.-- (1) Voting members.--The Board shall be composed of 7 voting members appointed by the Secretary of Agriculture, in consultation with the Chair and ranking minority member of the relevant congressional committees, of whom-- (A) 1 member shall be a representative of cattle owners; (B) 1 member shall be a representative of swine owners; (C) 1 member shall be a representative of sheep and goat owners; (D) 1 member shall be a representative of poultry owners; (E) 1 member shall be a representative of livestock auction market operators; (F) 1 member shall be a representative of meat processors; and (G) 1 member shall be a person actively engaged in the livestock industry. (2) Non-voting members.--The Board shall include 2 non- voting members appointed by the Secretary, in consultation with the Chair and ranking minority member of the relevant congressional committees, of whom-- (A) 1 member shall be a representative of the Department of Agriculture; and (B) 1 member shall be a representative of State or tribal veterinarians or State or tribal agriculture agencies. (3) Terms.-- (A) In general.--Each member shall be appointed for a term of 3 years, except as provided by subparagraphs (B) and (C). (B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the voting members first appointed-- (i) the members appointed under subparagraphs (B), (D), and (E) of paragraph (1) shall be appointed for a term of 2 years; and (ii) the members appointed under subparagraphs (C) and (G) of paragraph (1) shall be appointed for a term of 1 year. (C) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made. (4) Chairperson.--The Chairperson of the Board shall be elected by its members. (5) Appointment.--The Secretary shall appoint all members of the Board not later than 45 days after the date of the enactment of this Act. (e) Meetings.-- (1) Initial meeting.--Not later than 60 days after the date of the enactment of this Act, the Board shall hold its initial meeting. (2) Subsequent meetings.--The Board shall meet at the call of the Chairperson. (f) Quorum.--4 voting members of the Board shall constitute a quorum. (g) Pay.--Members of the Board shall serve without compensation. (h) Travel Expenses.--Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (i) Staff.--The Board may appoint and fix the pay of personnel as the Board considers appropriate. (j) Contracts.--The Board may contract with or compensate any persons for goods or services. (k) Rules and Regulations.--The Board may issue such rules and regulations as may be necessary to carry out this Act. (l) Implementation.-- (1) In general.--The Board shall implement the livestock identification system established pursuant to this section not later than December 31, 2008. (2) Report.--Not later than one year after the date of the enactment of this Act, and quarterly thereafter until December 31, 2010, the Board shall submit to the Secretary of Agriculture and the relevant congressional committees a report on the status of the implementation of the livestock identification system, including-- (A) for each species subject to the system, the number of animals or groups of animals tracked by the system; and (B) the percentage of each animal species subject to the livestock identification system that are tracked by the system, which shall be determined by dividing the number submitted under subparagraph (A) for a species by the total number of animals of such species in the United States. SEC. 4. PREMISE IDENTIFICATIONS. Not later than nine months after the date of the enactment of this Act, the Secretary of Agriculture shall establish a premise identification system for all premises in the United States. The premise identification data shall be made available to the Board and shall include-- (1) a premise identification number; (2) the name of the entity that owns or controls the premise; (3) contact information for the premise, including a person, address, and phone number; (4) the type of operation at the premise; and (5) the date the premise number was assigned. SEC. 5. ENFORCEMENT; FIRST ENTRY INTO COMMERCE. Subject to section 6(b), the Secretary of Agriculture shall verify that each animal, or group of animals, where applicable, subject to the livestock identification system established pursuant to section 3 is properly identified upon first entry of the animal into commerce. Any animal or group of animals that the Secretary determines is not properly identified shall be identified using the official identification technology before entering commerce. SEC. 6. VOLUNTARY PARTICIPATION FOR OTHER ANIMAL SPECIES. (a) In General.--The owner of an animal or group of animals, where applicable, that is not subject to the livestock identification system established pursuant to section 3 may voluntarily subject such animal or group of animals to tracking by such livestock identification system. (b) Enforcement Exemption.--The voluntary tracking of such animal or group of animals shall not make the animal or group of animals subject to the enforcement actions of the Secretary under section 5. SEC. 7. RELEASE OF LIVESTOCK IDENTIFICATION NUMBERING INFORMATION. (a) Freedom of Information Act.--Information obtained through the livestock identification system established pursuant to section 3 or the premise identification system established pursuant to section 4 is exempt from disclosure under section 552 of title 5, United States Code. (b) Character of Livestock Identification System Information.-- Except as provided in subsections (c) and (d), information obtained through the livestock identification system or the premise identification system-- (1) may not be released; (2) shall not be considered information in the public domain; and (3) shall be considered commercial information that is privileged and confidential. (c) Limited Release of Information Authorized.--Notwithstanding subsection (b), the Board may release information obtained through the livestock identification system or the premise identification system (other than information voluntarily submitted pursuant to section 3(b)(1)(B)(viii)) regarding particular livestock if-- (1) a disease or pest poses a significant threat to the livestock that the information involves; (2) the release of the information is related to actions the Board may take under this Act; and (3) the person obtaining the information needs the information for reasons consistent with the public health and public safety purposes of the livestock identification system, as determined by the Secretary of Agriculture. (d) Limited Release of Information Required.-- (1) In general.--Notwithstanding subsection (b), the Board shall promptly release information obtained through the livestock identification system or the premise identification system (other than information voluntarily submitted pursuant to section 3(b)(1)(B)(viii)) regarding particular livestock-- (A) to the person who owns or controls the livestock, if the person requests such information; (B) to the Secretary of Agriculture for the purpose of animal disease surveillance; (C) to a State or tribal veterinarian or a State or tribal agriculture agency for the purpose of animal disease surveillance; (D) to the Attorney General for the purpose of investigation or prosecution of a criminal act; (E) to the Secretary of Homeland Security for the purpose of national security; (F) to the Secretary of Health and Human Services for the purpose of protection of public health; and (G) to the government of a foreign country, if release of the information is necessary to trace livestock threatened by disease or pest, as determined by the Secretary. (2) Information voluntarily submitted.--Notwithstanding subsection (b), on the request of a person who owns or controls livestock, the Board shall release information voluntarily submitted to the Board pursuant to section 3(b)(1)(B)(viii) regarding such livestock to such person or to another person. (e) Conflict of Law.--If the information disclosure limitations or requirements of this section conflict with information disclosure limitations or requirements of a State law and such conflict involves interstate or international commerce, this section shall take precedence over the State law. SEC. 8. REPORT ON IMPACT OF LIVESTOCK IDENTIFICATION SYSTEM. Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on a livestock identification system, including-- (1) the lessons learned and the effectiveness of the animal identification system pilot programs funded in fiscal year 2005; (2) an analysis of the economic impact of a livestock identification system on the livestock industry; and (3) the expected cost of implementing a livestock identification system. SEC. 9. CONFORMING AMENDMENTS. Subsection (f) of section 282 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a) is amended-- (1) by striking ``Certification of Origin.--'' and all that follows through ``To certify the country of origin'' and inserting ``Certification of Origin; Existing Certification Programs.--To certify the country of origin''; and (2) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively. SEC. 10. DEFINITIONS. In this Act: (1) The term ``Board'' means the Livestock Identification Board established under section 3(a). (2) The term ``livestock'' means cattle, swine, sheep, goats, and poultry. (3) The term ``premise'' means a location that holds, manages, or boards animals. (4) The term ``relevant congressional committees'' means the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (5) The term ``Secretary'' means the Secretary of Agriculture. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $33,000,000 for each of fiscal years 2006 through 2008.

Livestock Identification and Marketing Opportunities Act - Establishes the Livestock Identification Board which shall: (1) establish an electronic livestock identification system (livestock system) that is capable of tracing all U.S. livestock from the time of first movement from its original premise to the time of slaughter in less than 48 hours, and tracking all relevant livestock information (identification number, species, date of birth); (2) maintain a centralized livestock data system; and (3) determine the official livestock system identification technology. Directs the Secretary of Agriculture to: (1) establish a U.S. premise identification system; and (2) verify that each animal, or group of animals subject to the livestock system, is properly identified upon first entry of the animal into commerce. Authorizes the owner of an animal or group of animals that is not subject to the livestock livestock system to voluntarily subject such animal, or group of animals, to system tracking. Exempts information obtained through the livestock or premise systems from Freedom of Information Act disclosure. States that information obtained through the livestock or premise systems: (1) may not be released; (2) shall not be considered public domain information; and (3) shall be considered privileged and confidential commercial information. Authorizes the Board to release livestock or premise system information for reasons of public health or disease or pest control. Requires the Board to release livestock or premise system information to: (1) a livestock owner upon request; (2) the Secretary, a state, or a tribal agency for animal disease surveillance; (3) the Attorney General for criminal investigation or prosecution; (4) the Secretary of Homeland Security for national security; (5) the Secretary of Health and Human Services for public health protection; and (6) a foreign government if necessary to trace livestock threatened by disease or pest, as determined by the Secretary. Defines "livestock" as cattle, swine, sheep, goats, and poultry.

To establish a Livestock Identification Board to create and implement a mandatory national livestock identification system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Based Health Services Job Training and Caregiving Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The ``baby boom'' generation will require health care attention that will exceed the current supply of health care providers. (2) There is a shortage of training programs specializing in health care services that focus on home care instead of institutionalized care. (3) Although the need for home-based health services transcends all income levels, the availability of such services is more limited for residents in public housing. (4) Estimates indicate that there are 44,000,000 caregivers in the United States providing unpaid care to at least one adult, representing 22,900,000 households. (5) Of working persons providing unpaid care, 62 percent have had to make adjustments to work schedules or leave employment. (6) Many low-income families in the United States are placed in an untenable position of choosing between work and caregiving responsibilities at home. (7) Residents in public housing in the United States are also aging and in need of care. (8) The Department of Housing and Urban Development estimates the percentage of households assisted by the Department that are elderly households is 35 percent in New York, 33 percent in Boston, 35 percent in Chicago, 24 percent in Cleveland, 40 percent in Los Angeles, and 20 percent in Puerto Rico. (9) New service programs are needed to provide home-based health services to residents in public housing and to provide job training and job placement for persons receiving assistance from the Department of Housing and Urban Development needing employment. (10) The Department of Housing and Urban Development should establish a home-based health services pilot program to meet the challenges of an increasing number of elderly in public housing, simultaneously creating an opportunity to train job seekers in a trade that provides home-based health services. (b) Purposes.--The purposes of this Act are-- (1) to give flexibility to the Department of Housing and Urban Development and other entities to promote training programs and employment in home-based health services for public housing residents; and (2) to provide needed home care options to elderly and disabled public housing residents to allow them to remain in their homes and their communities. SEC. 3. PILOT GRANT PROGRAM TO PROMOTE HOME-BASED HEALTH SERVICES TRAINING AND EMPLOYMENT FOR PUBLIC HOUSING RESIDENTS AND TO PROVIDE MEDICAID COVERED HOME-BASED HEALTH SERVICES TO ELDERLY AND DISABLED PERSONS RECEIVING HUD PUBLIC HOUSING ASSISTANCE. Section 34 of the United States Housing Act of 1937 (42 U.S.C. 1437z-6) is amended by adding at the end the following new subsection: ``(f) Grant Pilot Program To Promote Training and Employment in Home-Based Health Services and To Provide Such Services to Elderly and Disabled Public Housing Residents.-- ``(1) Establishment of grant pilot program.--The Secretary shall establish a grant pilot program to make grants to eligible entities under paragraph (2) for use only for promoting the training and employment of public housing residents as home health aides and as providers of home-based health services in order for such residents to provide Medicaid covered home-based health services to either elderly or disabled public housing residents, or both. ``(2) Eligible entities.--A grant under this subsection may be made only to an entity that demonstrates-- ``(A) it is a public housing agency, unit of State or local government including an agency of such unit, community health center, home care provider organization, faith-based organization, labor organization, or other organization determined to be qualified by the Secretary; and ``(B) to the satisfaction of the Secretary that it will establish an employment training program in home- based health services that complies with regulations issued by the Secretary. ``(3) Application.--To be eligible for a grant under this subsection an eligible entity under paragraph (2) shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary requires. ``(4) Priority.--In awarding grants under this subsection, the Secretary shall give priority to grant proposals from eligible entities under paragraph (2) located within any of the 5 States and territories having the most households residing in public housing. ``(5) Report to congress.--Not later than 30 months after the enactment of this subsection, the Secretary shall submit a report to Congress on the use and impact of the grant program established by this subsection. ``(6) Definitions.--As used in this subsection: ``(A) Home-based health services.--The term `home- based health services' means health care services provided to an individual in a place of residence used as such individual's home and includes-- ``(i) home health services described in section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)); ``(ii) personal care services described in section 1905(a)(24) of such Act (42 U.S.C. 1396d(a)(24)); and ``(iii) home-based services which may be covered under a waiver under subsection (c) or (d) of section 1915 of such Act (42 U.S.C. 1396n). ``(B) Home health aide.--The term `home health aide' has the meaning given the term in section 1891(a)(3)(E) of the Social Security Act (42 U.S.C. 1395bbb(a)(3)(E)). ``(C) Medicaid covered.--The term `Medicaid covered' means, with respect to home-based health services, such services for which medical assistance is available under a State plan under title XIX of the Social Security Act. ``(7) Inapplicability of previous subsections.--Subsections (a) through (e) shall not apply to this subsection. ``(8) Rule of construction.--Nothing in this subsection shall be construed as affecting any requirement under State law for training, licensure, or any other certification as a home health aide or as a provider of any service included as a home- based health service under this subsection. ``(9) Regulations.--Not later than 6 months after the date of enactment of this subsection, the Secretary shall issue regulations to carry out this subsection. ``(10) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,500,000 for each of the fiscal years 2009, 2010, and 2011.''. SEC. 4. MISCELLANEOUS PROVISIONS. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended-- (1) in subsection (c)(2)(A) by inserting ``home-based health services (as defined in section 34(f) of the United States Housing Act of 1937 (42 U.S.C. 1437z-6(f)) for public housing residents,'' after ``training and employment arising in connection with''; and (2) in subsection (d)(2)(A) by inserting ``home-based health services (as defined in section 34(f) of the United States Housing Act of 1937 (42 U.S.C. 1437z-6(f)) for public housing residents,'' after ``contracts awarded for work to be performed in connection with''. SEC. 5. EXEMPTION FROM MEDICAL ASSISTANCE PAYMENT LIMITATION FOR TERRITORIES FOR HOME HEALTH SERVICES FOR ELDERLY INDIVIDUALS. (a) In General.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended by adding at the end the following new paragraph: ``(4) Exemption from medical assistance payment limitation for home health services for elderly individuals.--Payment limitations under this subsection and subsection (f) shall not apply to amounts expended for home health services for individuals 65 years of age or older.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to fiscal years beginning with fiscal year 2008. SEC. 6. EXEMPTION FROM PART B LATE ENROLLMENT PENALTY FOR RESIDENTS OF PUERTO RICO. (a) In General.--Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by adding at the end the following: ``No increase in the premium shall be effected for an individual who would have been deemed enrolled in the medical insurance program under section 1837(f) but for such individual residing in Puerto Rico.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to individuals with respect to initial enrollment periods under section 1837(d) of the Social Security Act (42 U.S.C. 1395p(d)) that begin on or after the first day of the first month that begins more than 60 days after the date of enactment of this Act.

Home-Based Health Services Job Training and Caregiving Act of 2008 - Amends the United States Housing Act of 1937 to require the Secretary of Housing and Urban Development to establish a pilot program to make grants to eligible entities to promote the training and employment of public housing residents as home health aides and providers of home-based health services, in order for such residents to provide Medicaid-covered home-based health services to either elderly or disabled public housing residents, or both. Qualifies as an eligible entity any public housing agency, state or local government (or agency), community health center, home care provider organization, faith-based organization, labor organization, or other organization meeting specified criteria. Amends the Housing and Urban Development Act of 1968 to require the Secretary to: (1) ensure low- and very low-income persons, residing within a home-based health services public housing project, opportunities for training and employment arising in connection with such project; and (2) award contracts to businesses that provide such training and employment opportunities.

To promote training and employment for public housing residents in home-based health services so such residents can provide Medicaid covered home-based health services to elderly and disabled persons receiving public housing assistance from the Department of Housing and Urban Development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Budgeting Act''. TITLE I--DISCRETIONARY SPENDING LIMITS SEC. 101. DISCRETIONARY SPENDING LIMITS. Title III of the Congressional Budget Act of 1974 is amended by inserting at the end the following: ``discretionary spending limits ``Sec. 316. (a) Discretionary Spending Limits.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the discretionary spending limits as set forth in subsection (b) to be exceeded. ``(b) Limits.--The discretionary spending limits are as follows: ``(1) For fiscal year 2010-- ``(A) for defense, $556,128,000,000 in budget authority; and ``(B) for nondefense, $670,108,000,000 in budget authority. ``(2) For fiscal year 2011-- ``(A) for defense, $564,293,000,000 in budget authority; and ``(B) for nondefense, $593,769,000,000 in budget authority. ``(3) For fiscal year 2012-- ``(A) for defense, $573,612,000,000 in budget authority; and ``(B) for nondefense, $597,461,000,000 in budget authority. ``(4) For fiscal year 2013-- ``(A) for defense, $584,421,000,000 in budget authority; and ``(B) for nondefense, $605,156,000,000 in budget authority. ``(5) For fiscal year 2014-- ``(A) for defense, $598,249,000,000 in budget authority; and ``(B) for nondefense, $615,110,000,000 in budget authority. ``(c) Point of Order in the Senate.-- ``(1) Waiver.--The provisions of this section shall be waived or suspended in the Senate only-- ``(A) by the affirmative vote of two-thirds of the Members, duly chosen and sworn; or ``(B) in the case of the defense budget authority, if Congress declares war. ``(2) Appeal.--Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the measure. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.''. TITLE II--PAY-AS-YOU-GO SEC. 201. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE. (a) In General.--Title III of the Congressional Budget Act of 1974, as amended by section 101, is amended by inserting at the end the following: ``pay-as-you-go ``Sec. 317. (a) Point of Order.-- ``(1) In general.--It shall not be in order in the Senate to consider any direct spending or revenue legislation that would increase the on-budget deficit or cause an on-budget deficit for either of the applicable time periods as measured in paragraphs (5) and (6). ``(2) Applicable time periods.--For purposes of this subsection, the term `applicable time period' means any 1 of the 4 following periods-- ``(A) the period of the current fiscal year; ``(B) the budget year; ``(C) the period of the 5 fiscal years following the current fiscal year; and ``(D) the period of the 5 fiscal years following the 5 fiscal years referred to in subparagraph (C). ``(3) Direct spending legislation.--For purposes of this subsection and except as provided in paragraph (4), the term `direct spending legislation' means any bill, joint resolution, amendment, motion, or conference report that affects direct spending as that term is defined by, and interpreted for purposes of, the Balanced Budget and Emergency Deficit Control Act of 1985. ``(4) Exclusion.--For purposes of this subsection, the terms `direct spending legislation' and `revenue legislation' do not include-- ``(A) any concurrent resolution on the budget; or ``(B) any provision of legislation that affects the full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of enactment of the Budget Enforcement Act of 1990. ``(5) Methods for estimation.--Estimates prepared pursuant to this subsection shall-- ``(A) use the baseline surplus or deficit used for the most recently adopted concurrent resolution on the budget; ``(B) except as provided in subparagraphs (C) and (D), be calculated under the requirements of subsections (b) through (d) of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (as in effect prior to September 30, 2002) for fiscal years beyond those covered by that concurrent resolution on the budget; and ``(C) assume the continuation of all expiring direct spending programs, revenue reductions, excise taxes and customs duties. ``(b) Supermajority Waiver and Appeals.-- ``(1) Waiver.--This section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(2) Appeals.--Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(c) Determination of Budget Levels.--For purposes of this section, the levels of new budget authority, outlays, and revenues for a fiscal year shall be determined on the basis of estimates made by the Senate Committee on the Budget. ``(d) Repeal.--In the Senate, section 201 of S. Con. Res. 21 (110th Congress), the fiscal year 2008 concurrent resolution on the budget, shall no longer apply.''. (b) Table of Contents.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Discretionary spending limits. ``Sec. 317. Pay-as-you-go.''.

Common Sense Budgeting Act - Amends the Congressional Budget Act of 1974 to make it out of order to consider in either chamber any legislation that would exceed specified discretionary spending limits. Sets discretionary spending limits for FY2010-FY2014. Permits waiver or suspension of such prohibition, or successful appeals from rulings of the Chair in the Senate only: (1) by an affirmative vote of two-thirds (67) of the Senate; or (2) in the case of the defense budget authority, a declaration of war by Congress. Makes it out of order in the Senate to consider any direct spending or revenue legislation that would increase the on-budget deficit or cause an on-budget deficit for: (1) the current fiscal year; (2) the budget year; or (3) 5 to 10 ensuing fiscal years after the current fiscal year.

A bill to reduce the deficit by establishing 5-year discretionary spending caps and strengthened Pay-As-You-Go procedures.

SECTION 1. FINDINGS. The Congress finds the following: (1) The United States faces a range of energy challenges that affect our economy, security, and environment. Fundamentally, these challenges involve science and technology. (2) The Department of Energy already has some of the mechanisms necessary to promote long-term research, but it lacks the mechanisms for quickly transforming the results into technology that meets national needs. (3) A recent report of the Secretary of Energy's Advisory Board's Task Force on the Future of Science Programs at the Department of Energy concluded that ``America can meet its energy needs only if we make a strong and sustained investment in research in physical science, engineering, and applicable life sciences and if we translate advancing scientific knowledge into practice''. (4) The Department of Defense, since 1958, has used its Defense Advanced Projects Research Agency (DARPA) for aggressively addressing real-time defense problems through targeted programs of research and technology development that have improved our national defense through transformation technologies. (5) The National Academy of Sciences' report entitled ``Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future'' recommends creating a new agency within the Department of Energy to sponsor ``creative, out-of-the-box, transformational, generic energy research in those areas where industry by itself cannot or will not undertake such sponsorship, where risks and pay-offs are high''. Such an organization would be able to accelerate the process by which research is transformed to address energy- related economic, environmental, and security issues to decrease dependence on foreign energy through targeted research and technology development. SEC. 2. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY. (a) Establishment.--There is established the Advanced Research Projects Agency-Energy (in this Act referred to as ``ARPA-E'') within the Department of Energy. (b) Goal.--The goal of ARPA-E is to reduce the amount of energy the United States imports from foreign sources by 20 percent over the next 10 years by-- (1) promoting revolutionary changes in the critical technologies that would promote energy independence; (2) turning cutting-edge science and engineering into technologies for energy and environmental application; and (3) accelerating innovation in energy and the environment for both traditional and alternative energy sources and in energy efficiency mechanisms to decrease the Nation's reliance on foreign energy sources. (c) Director.--ARPA-E shall be headed by a Director who shall be appointed by the Secretary of Energy. The Director shall report to the Secretary. (d) Responsibilities.--The Director shall administer the Fund established under section 3 to award competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia of such entities which may include federally funded research and development centers, to achieve the goals stated in subsection (b) through targeted acceleration of-- (1) energy-related research; (2) development of resultant techniques, processes, and technologies, and related testing and evaluation; and (3) demonstration and commercial application of the most promising technologies and research applications. (e) Personnel.-- (1) Program managers.--The Director shall designate employees to serve as program managers for each of the programs established pursuant to the responsibilities established for ARPA-E under subsection (d). Program managers shall be responsible for-- (A) establishing research and development goals for the program, including through the convening of workshops and conferring with outside experts, as well as publicizing its goals to the public and private sectors; (B) soliciting applications for specific areas of particular promise, especially those which the private sector cannot or will not provide funding; (C) selecting research projects for support under the program from among application submitted to ARPA-E, following consideration of-- (i) the novelty and scientific and technical merit of the proposed projects; (ii) the demonstrated capabilities of the applicants to successfully carry out the proposed research project; and (iii) such other criteria as are established by the Director; and (D) monitoring the progress of projects supported under the program. (2) Hiring and management.--In hiring personnel for ARPA-E, the Secretary shall have the hiring and management authorities described in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note). For purposes of subsection (c)(1) of that section, the term of appointments for employees may not exceed 5 years before the granting of any extension. (f) Coordination.--The Director shall ensure that the activities of ARPA-E are coordinated with those of other relevant research agencies, and may carry out projects jointly with other agencies. SEC. 3. FUND. (a) Establishment.--There is established in the Treasury the Energy Independence Acceleration Fund (in this Act referred to as the ``Fund''), which shall be administered by the Director of ARPA-E for the purposes of carrying out this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Director of ARPA-E for deposit in the Fund $300,000,000 for fiscal year 2007, $375,000,000 for fiscal year 2008, $468,000,000 for fiscal year 2009, $585,000,000 for fiscal year 2010, $732,000,000 for fiscal year 2011, and $915,000,000 for fiscal year 2012, to remain available until expended. SEC. 4. RECOUPMENT. (a) Requirement.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish procedures and criteria for the recoupment of the Federal share of each project supported under this Act. Such recoupment shall occur within a reasonable period of time following the date of the completion of such project, but not later than 20 years following such date, taking into account the effect of recoupment on-- (1) the commercial competitiveness of the entity carrying out the project; (2) the profitability of the project; and (3) the commercial viability of the technology utilized. (b) Waiver.--The Secretary may at any time waive or defer all or some portion of the recoupment requirement as necessary for the commercial viability of the project. (c) Availability of Funds.--Revenue received by the Federal Government pursuant to this section shall be deposited into the Fund and shall be available with further appropriation to fund future grants, contracts, and cooperative agreement as authorized by the Director. (d) Definitions.--For the purposes of this section-- (1) the term ``for-profit entity'' means a licensee or successor in interest to a venture member, or any other for- profit person or entity, or combination of such persons or entities, that earns or accrues amounts subject to this section; (2) the term ``product or invention supported by or produced as a result of funding under this Act'' includes any product or invention of a venture member based on or using any technology or invention arising out of a venture funded under this Act; and (3) the term ``revenue generated by or resulting from a product or invention'' includes revenue derived from the sale or licensing of patents or other rights with respect to the product or invention. SEC. 5. ADVICE. (a) Advisory Committees.--The Director may seek advice on any aspect of ARPA-E from-- (1) existing Department of Energy advisory committees; and (2) new advisory committees organized to support the programs of ARPA-E and to provide advice and assistance on-- (A) specific program tasks; or (B) overall direction of ARPA-E. (b) Applicability.--Section 14 of the Federal Advisory Committee Act shall not apply to advisory committees organized under subsection (a)(2). (c) Additional Sources of Advice.--The Director may seek advice and review from the National Academy of Sciences, the National Academy for Engineering, and any other professional or scientific organization with expertise in specific processes or technologies under development by ARPA-E. SEC. 6. ARPA-E EVALUATION. After ARPA-E has been in operation for 54 months, the President's Committee on Science and Technology shall begin an evaluation (to be completed within 12 months) of how well ARPA-E is achieving its goals and mission. The evaluation shall include the recommendation of such Committee on whether ARPA-E should be continued or terminated, as well as lessons-learned from its operation. The evaluation shall be made available to Congress and to the public upon completion.

Establishes the Advanced Research Projects Agency-Energy (ARPA-E) within the Department of Energy to reduce the amount of energy the United States imports from foreign sources by 20% over the next 10 years. Establishes the Energy Independence Acceleration Fund, administered by the ARPA-E Director for the award of competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia, including federally funded research and development centers, to achieve specified goals through targeted acceleration of: (1) energy-related research; (2) development of resultant techniques, processes, and technologies, and related testing and evaluation; and (3) demonstration and commercial application of the most promising technologies and research applications. Directs the Secretary to establish procedures and criteria for recoupment of the federal share of each project supported under this Act. Requires the President's Committee on Science and Technology to evaluate for Congress and the public how well ARPA-E is achieving its goals and mission.

To provide for the establishment of the Advanced Research Projects Agency-Energy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American 5-Cent Coin Design Continuity Act of 2003''. TITLE I--U.S. 5-CENT COIN DESIGN CONTINUITY SEC. 101. DESIGNS ON THE 5-CENT COIN. (a) In General.--Subject to subsection (b) and after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark. (b) Design Specifications.-- (1) Obverse.--If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition. (2) Reverse.--If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003, 2004, and 2005, the design selected shall depict images that are emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (3) Other inscriptions.--5-cent coins issued during 2003, 2004, and 2005 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section 5112(d)(1) of title 31, United States Code. SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF THE BICENTENNIAL OF THE LOUISIANA PURCHASE AND THE LEWIS AND CLARK EXPEDITION. (a) In General.--Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentence: ``Subject to other provisions of this subsection, the obverse of any 5-cent coin issued after December 31, 2005, shall bear the likeness of Thomas Jefferson and the reverse of any such 5-cent coin shall bear an image of the home of Thomas Jefferson at Monticello.''. (b) Design Consultation.--The 2d sentence of section 5112(d)(2) of title 31, United States Code, is amended by inserting ``, after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts,'' after ``The Secretary may''. SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE. (a) In General.--Section 5135 of title 31, United States Code, is amended to read as follows: ``Sec. 5135. Citizens Coinage Advisory Committee ``(a) Establishment.-- ``(1) In general.--There is hereby established the Citizens Coinage Advisory Committee (in this section referred to as the `Advisory Committee') to advise the Secretary of the Treasury on the selection of themes and designs for coins. ``(2) Oversight of advisory committee.--The Advisory Committee shall be subject to the authority of the Secretary of the Treasury (hereafter in this section referred to as the `Secretary'). ``(b) Membership.-- ``(1) Appointment.--The Advisory Committee shall consist of 11 members appointed by the Secretary as follows: ``(A) 7 persons appointed by the Secretary-- ``(i) 1 of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection; ``(ii) 1 of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; ``(iii) 1 of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in American history; ``(iv) 1 of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics; and ``(v) 3 of whom shall be appointed from among individuals who can represent the interests of the general public in the coinage of the United States. ``(B) 4 persons appointed by the Secretary on the basis of the recommendations of the following officials who shall make the selection for such recommendation from among citizens who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience: ``(i) 1 person recommended by the Speaker of the House of Representatives. ``(ii) 1 person recommended by the minority leader of the House of Representatives. ``(iii) 1 person recommended by the majority leader of the Senate. ``(iv) 1 person recommended by the minority leader of the Senate. ``(2) Terms.-- ``(A) In general.--Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. ``(B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members first appointed-- ``(i) 4 of the members appointed under paragraph (1)(A) shall be appointed for a term of 4 years; ``(ii) the 4 members appointed under paragraph (1)(B) shall be appointed for a term of 3 years; and ``(iii) 3 of the members appointed under paragraph (1)(A) shall be appointed for a term of 2 years. ``(3) Preservation of public advisory status.--No individual may be appointed to the Advisory Committee while serving as an officer or employee of the Federal Government. ``(4) Continuation of service.--Each appointed member may continue to serve for up to 6 months after the expiration of the term of office to which such member was appointed until a successor has been appointed. ``(5) Vacancy and removal.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Removal.--Advisory Committee members shall serve at the discretion of the Secretary and may be removed at any time for good cause. ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be appointed for a term of 1 year by the Secretary from among the members of the Advisory Committee. ``(7) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for travel, lodging, meals, and incidental expenses incurred in connection with attendance of such members at meetings of the Advisory Committee in the same amounts and under the same conditions as employees of the United States Mint who engage in official travel, as determined by the Secretary. ``(8) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at the call of the Secretary, the chairperson, or a majority of the members, but not less frequently than twice annually. ``(B) Open meetings.--Each meeting of the Advisory Committee shall be open to the public. ``(C) Prior notice of meetings.--Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register, and timely notice of each meeting shall be made to trade publications and publications of general circulation. ``(9) Quorum.--7 members of the Advisory Committee shall constitute a quorum. ``(c) Duties of the Advisory Committee.--The duties of the Advisory Committee are as follows: ``(1) Advising the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, congressional gold medals and national and other medals produced by the Secretary of the Treasury in accordance with section 5111 of title 31, United States Code. ``(2) Advising the Secretary of the Treasury with regard to-- ``(A) the events, persons, or places that the Advisory Committee recommends be commemorated by the issuance of commemorative coins in each of the 5 calendar years succeeding the year in which a commemorative coin designation is made; ``(B) the mintage level for any commemorative coin recommended under subparagraph (A); and ``(C) the proposed designs for commemorative coins. ``(d) Expenses.--The expenses of the Advisory Committee that the Secretary of the Treasury determines to be reasonable and appropriate shall be paid by the Secretary from the United States Mint Public Enterprise Fund. ``(e) Administrative Support, Technical Services, and Advice.--Upon the request of the Advisory Committee, or as necessary for the Advisory Committee to carry out the responsibilities of the Advisory Committee under this section, the Director of the United States Mint shall provide to the Advisory Committee the administrative support, technical services, and advice that the Secretary of the Treasury determines to be reasonable and appropriate. ``(f) Consultation Authority.--In carrying out the duties of the Advisory Committee under this section, the Advisory Committee may consult with the Commission of Fine Arts. ``(g) Annual Report.-- ``(1) Required.--Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretary, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. Should circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretary shall advise the Chairpersons of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the reasons for such delay and the date on which the submission of the report is anticipated. ``(2) Contents.--The report required by paragraph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Secretary of the Treasury. ``(h) Federal Advisory Committee Act Does Not Apply.--Subject to the requirements of subsection (b)(8), the Federal Advisory Committee Act shall not apply with respect to the Committee.''. (b) Abolishment of Citizens Commemorative Coin Advisory Committee.--Effective on the date of the enactment of this Act, the Citizens Commemorative Coin Advisory Committee (established by section 5135 of title 31, United States Code, as in effect before the amendment made by subsection (a)) is hereby abolished. (c) Continuity of Members of Citizens Commemorative Coin Advisory Committee.--Subject to paragraphs (1) and (2) of section 5135(b) of title 31, United States Code, any person who is a member of the Citizens Commemorative Coin Advisory Committee on the date of the enactment of this Act, other than the member of such committee who is appointed from among the officers or employees of the United States Mint, may continue to serve the remainder of the term to which such member was appointed as a member of the Citizens Coinage Advisory Committee in one of the positions as determined by the Secretary. (d) Technical and Conforming Amendments.-- (1) Section 5112(l)(4)(A)(ii) of title 31, United States Code, is amended by striking ``Citizens Commemorative Coin Advisory Committee'' and inserting ``Citizens Coinage Advisory Committee''. (2) Section 5134(c) of title 31, United States Code, is amended-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). TITLE II--TECHNICAL AND CLARIFYING PROVISIONS SEC. 201. CLARIFICATION OF EXISTING LAW. (a) In General.--Section 5134(f)(1) of title 31, United States Code, is amended to read as follows: ``(1) Payment of surcharges.-- ``(A) In general.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall be paid from the fund to any designated recipient organization unless-- ``(i) all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold have been recovered; and ``(ii) the designated recipient organization submits an audited financial statement that demonstrates, to the satisfaction of the Secretary, that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes in an amount that is equal to or greater than the total amount of the proceeds of such surcharge derived from the sale of such numismatic item. ``(B) Unpaid amounts.--If any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item that may otherwise be paid from the fund, under any provision of law relating to such numismatic item, to any designated recipient organization remains unpaid to such organization solely by reason of the matching fund requirement contained in subparagraph (A)(ii) after the end of the 2-year period beginning on the later of-- ``(i) the last day any such numismatic item is issued by the Secretary; or ``(ii) the date of the enactment of the American 5-Cent Coin Design Continuity Act of 2003, such unpaid amount shall be deposited in the Treasury as miscellaneous receipts.''. (b) Effective Date.--The amendment made by subsection (a) shall apply as of the date of the enactment of Public Law 104-208.

American 5-Cent Coin Design Continuity Act of 2003 - Authorizes the Secretary of the Treasury to change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark.Amends Federal law governing coins and currency to mandate that: (1) the obverse of any 5-cent coin issued after December 31, 2005, bear an image of Thomas Jefferson; and (2) the reverse of any such coin bear an image of the home of Thomas Jefferson at Monticello.Establishes the Citizens Coinage Advisory Committee to advise the Secretary on the selection of themes and designs for coins (including circulating and bullion coinage) and for congressional and national medals.Abolishes the Citizens Commemorative Coin Advisory Committee.

A bill to ensure continuity for the design of the 5-cent coin, establish the Citizens Coinage Advisory Committee, and for other purposes.

TITLE I--REFINERY STREAMLINED PERMITTING SEC. 101. SHORT TITLE. This title may be cited as the ``Refinery Streamlined Permitting Act of 2012''. SEC. 102. REVIEW PROCESS STREAMLINING. (a) Assistance to States.--The Secretary of Energy shall offer to States assistance to enable the States to assign responsibilities delegated to the States, under Federal laws relating to the construction or expansion of a petroleum refining facility, in a coordinated and expeditious manner. (b) Memorandum of Understanding.--All Federal agencies, and all State agencies to which responsibilities are delegated under Federal law, responsible for approving a permit or other Federal authorization for the construction or expansion of a petroleum refining facility shall enter into a memorandum of understanding with respect to that facility, or proposed facility, that clearly defines all actions required to be taken for Federal permit review and approval. The memorandum of understanding shall identify areas where Federal and State agencies can exercise discretion, and where multiple levels of review on permitting decisions can be coordinated, to enable a more expeditious review process. (c) Approval Deadline.--Notwithstanding any other provision of law, a Federal agency, and a State agency to which responsibilities are delegated under Federal law, shall take final action to approve or disapprove an application under Federal law for the construction or expansion of a petroleum refining facility not later than 1 year after receipt of a complete application for such approval. (d) Priority Projects.--A Federal agency, and a State agency to which responsibilities are delegated under Federal law, shall give high priority to expediting an application under Federal law for the construction or expansion of a petroleum refining facility that would-- (1) allow for production of cleaner burning fuel; (2) result in increased refining capacity; or (3) result in a reduction in a refinery's pollution output. SEC. 103. STATEMENT OF ENERGY EFFECTS. (a) Preparation.-- (1) Requirement.--An agency shall prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, for each proposed significant energy action. (2) Contents.--A Statement of Energy Effects shall consist of a detailed statement by the agency responsible for the significant energy action relating to-- (A) any adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increased use of foreign supplies) should the proposal be implemented; and (B) reasonable alternatives to the action with adverse energy effects, and the expected effects of such alternatives on energy supply, distribution, and use. (3) Guidance and consultation.--The Administrator of the Office of Information and Regulatory Affairs shall provide guidance to the agencies on the implementation of this section and shall consult with other agencies as appropriate in the implementation of this section. (b) Publication.--Agencies shall publish their Statements of Energy Effects, or a summary thereof, in each related Notice of Proposed Rulemaking and in any resulting Final Rule. (c) Definitions.--For purposes of this section-- (1) the term ``agency'' has the meaning given that term in section 3502(1) of title 44, United States Code, except that the term does not include an independent regulatory agency, as defined in paragraph (5) of that section; and (2) the term ``significant energy action'' means any action by an agency that is expected to lead to promulgation of a final rule or regulation and that-- (A) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (B) is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. TITLE II--REFINING CAPACITY ON CLOSED MILITARY INSTALLATIONS SEC. 201. DEFINITIONS. For purposes of this title-- (1) the term ``base closure law'' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); (2) the term ``closed military installation'' means a military installation closed or approved for closure pursuant to a base closure law; (3) the term ``designated refinery'' means a refinery designated under section 202(a); (4) the term ``Federal refinery authorization''-- (A) means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery; (5) the term ``refinery'' means-- (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output; (6) the term ``Secretary'' means the Secretary of Energy; and (7) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 202. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION. (a) Designation Requirement.--Not later than 90 days after the date of enactment of this Act, the President shall designate no less than 3 closed military installations, or portions thereof, subject to subsection (c)(2), that are appropriate for the purposes of siting a refinery. (b) Analysis of Refinery Sites.--In considering any site for possible designation under subsection (a), the President shall conduct an analysis of-- (1) the availability of crude oil supplies to the site, including supplies from domestic production of shale oil and tar sands and other strategic unconventional fuels; (2) the distribution of the Nation's refined petroleum product demand; (3) whether such site is in close proximity to substantial pipeline infrastructure, including both crude oil and refined petroleum product pipelines, and potential infrastructure feasibility; (4) the need to diversify the geographical location of the domestic refining capacity; (5) the effect that increased refined petroleum products from a refinery on that site may have on the price and supply of gasoline to consumers; (6) the impact of locating a refinery on the site on the readiness and operations of the Armed Forces; and (7) such other factors as the President considers appropriate. (c) Sale or Disposal.-- (1) Designation.--Except as provided in paragraph (2), until the expiration of 2 years after the date of enactment of this Act, the Federal Government shall not sell or otherwise dispose of the military installations designated pursuant to subsection (a). (2) Governor's objection.--No site may be used for a refinery under this title if, not later than 60 days after designation of the site under subsection (a), the Governor of the State in which the site is located transmits to the President an objection to the designation, unless, not later than 60 days after the President receives such objection, the Congress has by law overridden the objection. (d) Redevelopment Authority.--With respect to a closed military installation, or portion thereof, designated by the President as a potentially suitable refinery site pursuant to subsection (a)-- (1) the redevelopment authority for the installation, in preparing or revising the redevelopment plan for the installation, shall consider the feasibility and practicability of siting a refinery on the installation; and (2) the Secretary of Defense, in managing and disposing of real property at the installation pursuant to the base closure law applicable to the installation, shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the installation, regarding the siting of a refinery on the installation. SEC. 203. PROCESS COORDINATION AND RULES OF PROCEDURE. (a) Designation as Lead Agency.-- (1) In general.--The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery. (2) Other agencies.--Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary. (b) Schedule.-- (1) Secretary's authority to set schedule.--The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated refinery. In establishing the schedule, the Secretary shall-- (A) ensure expeditious completion of all such proceedings; and (B) accommodate the applicable schedules established by Federal law for such proceedings. (2) Failure to meet schedule.--If a Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this subsection, the applicant may pursue remedies under subsection (d). (c) Consolidated Record.--The Secretary shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Secretary for further development of the consolidated record. (d) Judicial Review.-- (1) In general.--The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of-- (A) an order or action, related to a Federal refinery authorization, by a Federal or State administrative agency or official; and (B) an alleged failure to act by a Federal or State administrative agency or official acting pursuant to a Federal refinery authorization. The failure of an agency or official to act on a Federal refinery authorization in accordance with the Secretary's schedule established pursuant to subsection (b) shall be considered inconsistent with Federal law for the purposes of paragraph (2) of this subsection. (2) Court action.--If the Court finds that an order or action described in paragraph (1)(A) is inconsistent with the Federal law governing such Federal refinery authorization, or that a failure to act as described in paragraph (1)(B) has occurred, and the order, action, or failure to act would prevent the siting, construction, expansion, or operation of the designated refinery, the Court shall remand the proceeding to the agency or official to take appropriate action consistent with the order of the Court. If the Court remands the order, action, or failure to act to the Federal or State administrative agency or official, the Court shall set a reasonable schedule and deadline for the agency or official to act on remand. (3) Secretary's action.--For any civil action brought under this subsection, the Secretary shall promptly file with the Court the consolidated record compiled by the Secretary pursuant to subsection (c). (4) Expedited review.--The Court shall set any civil action brought under this subsection for expedited consideration. (5) Attorney's fees.--In any action challenging a Federal refinery authorization that has been granted, reasonable attorney's fees and other expenses of litigation shall be awarded to the prevailing party. This paragraph shall not apply to any action seeking remedies for denial of a Federal refinery authorization or failure to act on an application for a Federal refinery authorization.

Refinery Streamlined Permitting Act of 2012 - Directs the Secretary of Energy (DOE) to offer assistance to states to enable them to assign responsibilities delegated to them under federal law regarding coordinated and expeditious construction or expansion of a petroleum refining facility. Requires all federal agencies and state agencies responsible for approving federal authorization for the construction or expansion of such a facility to: (1) enter into a memorandum of understanding that clearly defines all actions required to be taken for federal permit review and approval; (2) take final action to approve or disapprove the application within one year after receipt of a completed application; (3) give high priority to expediting an application for a refining facility that would allow for production of cleaner burning fuel or result in increased refining capacity; and (4) submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), for each proposed significant energy action. Requires the President to designate at least three closed military installations (or portions of them) appropriate for siting a refinery for gasoline or other fuel. Designates DOE as the lead agency for coordinating applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction over civil actions relating to federal refinery authorizations.

To provide for streamlining the process of Federal approval for construction or expansion of petroleum refineries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Justice for Immigrants Act''. SEC. 2. ADJUSTMENT OF STATUS OF THE ABC CLASS AND CERTAIN SALVADORANS, GUATEMALANS, AND HAITIANS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) of this Act shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent resident, if the alien-- (A) applies for such adjustment before April 1, 2000; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is physically present in the United States on the date the application is filed and is-- (1) a Salvadoran national who first entered the United States on or before September 19, 1990, who registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC), 760F. Supp. 796 (N.D. Cal. 1991) on or before October 31, 1991; (2) a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to such settlement agreement on or before December 31, 1991; (3) a Salvadoran or Guatemalan national who filed an application for asylum with the Immigration and Naturalization Service on or before April 1, 1990; or (4) a Haitian national-- (A) who has been physically present in the United States for at least 1 year; and (B) who-- (i) was physically present in the United States on December 31, 1995; (ii) filed for asylum before December 31, 1995; or (iii) was paroled into the United States-- (I) prior to December 31, 1995, after having been identified as having a credible fear of persecution; or (II) for emergent reasons or reasons deemed strictly in the public interest. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not issue a final order of removal against an alien, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if-- (1) the alien is a national of El Salvador, Guatemala, or Haiti; (2) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a); (3) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (4) the alien is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and 9(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is subject to judicial review in accordance with chapter 7 of title 5, United States Code. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. SEC. 3. AMENDMENTS TO NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT. (a) Elimination of Limitations on Judicial Review.-- (1) Adjustment of status of certain nicaraguans and cubans.--Section 202(f) of the Nicaraguan Adjustment and Central American Relief Act is amended to read as follows: ``(f) Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is subject to judicial review in accordance with chapter 7 of title 5, United States Code.''. (2) Special rule for certain aliens granted temporary protection from deportation.--Section 309(c)(5)(C)(ii) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as added by section 203(a)(1) of the Nicaraguan Adjustment and Central American Relief Act, is amended to read as follows: ``(ii) Judicial review.--A determination by the Attorney General as to whether an alien satisfies the requirements of clause (i) is subject to judicial review in accordance with chapter 7 of title 5, United States Code. Nothing in the preceding sentence shall be construed as limiting the application of section 242(a)(2)(B) of the Immigration and Nationality Act (as in effect after the title III-A effective date) to other eligibility determinations pertaining to discretionary relief under this Act.''. (b) Elimination of Temporary Reductions in Visas.--Section 203 of the Nicaraguan Adjustment and Central American Relief Act is amended-- (1) by striking subsections (d) and (e); and (2) by redesignating subsection (f) as subsection (d). (c) Effective Date.--The amendments made by this section-- (1) shall take effect upon the enactment of the Nicaraguan Adjustment and Central American Relief Act; and (2) shall be effective as if included in the enactment of such Act.

Equal Justice for Immigrants Act - Directs the Attorney General to adjust the status to permanent resident, and cancel any removal order, of certain Central American and Haitian aliens. Amends the Nicaraguan Adjustment and Central American Relief Act to: (1) subject status adjustment determinations to judicial review, including determinations respecting aliens granted temporary protection from deportation; and (2) eliminate the temporary reductions in diversity and other workers' visas.

Equal Justice for Immigrants Act

SECTION 1. CLARIFICATION OF EMPLOYMENT TAX STATUS OF CERTAIN FISHERMEN. (a) Amendments of Internal Revenue Code of 1986.-- (1) Determination of size of crew.--Subsection (b) of section 3121 of the Internal Revenue Code of 1986 (defining employment) is amended by adding at the end thereof the following new sentence: ``For purposes of paragraph (20), the operating crew of a boat shall be treated as normally made up of fewer than 10 individuals if the average size of the operating crew on trips made during the preceding 4 calendar quarters consisted of fewer than 10 individuals.'' (2) Certain cash remuneration permitted.--Subparagraph (A) of section 3121(b)(20) of such Code is amended to read as follows: ``(A) such individual does not receive any cash remuneration other than as provided in subparagraph (B) and other than cash remuneration-- ``(i) which does not exceed $100 per trip; ``(ii) which is contingent on a minimum catch; and ``(iii) which is paid solely for additional duties (such as mate, engineer, or cook) for which additional cash remuneration is traditional in the industry,''. (3) Conforming amendment.--Section 6050A(a) of such Code is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``; and'', and by adding at the end thereof the following new paragraph: ``(5) any cash remuneration described in section 3121(b)(20)(A).'' (b) Amendment of Social Security Act.-- (1) Determination of size of crew.--Subsection (a) of section 210 of the Social Security Act is amended by adding at the end thereof the following new sentence: ``For purposes of paragraph (20), the operating crew of a boat shall be treated as normally made up of fewer than 10 individuals if the average size of the operating crew on trips made during the preceding 4 calendar quarters consisted of fewer than 10 individuals.'' (2) Certain cash remuneration permitted.--Subparagraph (A) of section 210(a)(20) of such Act is amended to read as follows: ``(A) such individual does not receive any additional compensation other than as provided in subparagraph (B) and other than cash remuneration-- ``(i) which does not exceed $100 per trip; ``(ii) which is contingent on a minimum catch; and ``(iii) which is paid solely for additional duties (such as mate, engineer, or cook) for which additional cash remuneration is traditional in the industry,''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to remuneration paid after December 31, 1994. (2) Special rule.--The amendments made by this section (other than subsection (a)(3)) shall also apply to remuneration paid after December 31, 1984, and before January 1, 1995, unless the payor treated such remuneration (when paid) as being subject to tax under chapter 21 of the Internal Revenue Code of 1986. SEC. 2. INFORMATION REPORTING. (a) In General.--Subpart B of part III of subchapter A of chapter 68 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by adding at the end the following new section: ``SEC. 6050Q. RETURNS RELATING TO CERTAIN PURCHASES OF FISH. ``(a) Requirement of Reporting.--Every person-- ``(1) who is engaged in the trade or business of purchasing fish for resale from any person engaged in the trade or business of catching fish; and ``(2) who makes payments in cash in the course of such trade or business to such a person of $1,000 or more during any calendar year for the purchase of fish, shall make a return (at such times as the Secretary may prescribe) described in subsection (b) with respect to each person to whom such a payment was made during such calendar year. ``(b) Return.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each person to whom a payment described in subsection (a)(2) was made during the calendar year; ``(B) the aggregate amount of such payments made to such person during such calendar year and the date and amount of each such payment, and ``(C) such other information as the Secretary may require. ``(c) Statement To Be Furnished With Respect to Whom Information is Required.--Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such a return, and ``(2) the aggregate amount of payments to the person required to be shown on the return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made. ``(d) Definitions.--For purposes of this section: ``(1) Cash.--The term `cash' has the meaning given such term by section 6050I(d). ``(2) Fish.--The term `fish' includes other forms of aquatic life.''. (b) Technical Amendments.-- (1) Subparagraph (A) of section 6724(d)(1) of such Code is amended by striking ``or'' at the end of clause (vi), by striking ``and'' at the end of clause (vii) and inserting ``or'', and by adding at the end the following new clause: ``(viii) section 6050Q (relating to returns relating to certain purchases of fish), and''. (2) Paragraph (2) of section 6724(d) of such Code is amended by redesignating subparagraphs (Q) through (T) as subparagraphs (R) through (U), respectively, and by inserting after subparagraph (P) the following new subparagraph: ``(Q) section 6050Q(c) (relating to returns relating to certain purchases of fish),''. (3) The table of sections for subpart B of part III of subchapter A of chapter 68 of such Code is amended by adding at the end the following new item: ``Sec. 6050Q. Returns relating to certain purchases of fish.''. (c) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1994.

Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the employment tax treatment of certain crew members on fishing vessels with a crew of ten or fewer individuals. Requires certain persons engaged in the trade or business of purchasing fish for resale to file information returns with respect to such purchases.

To amend the Internal Revenue Code of 1986 to clarify the employment status of certain fishermen, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preexisting Condition Patient Protection Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) According to the United States Census Bureau, 45.7 million people were uninsured in 2007. (2) According to a recent study by the Commonwealth Fund, the number of underinsured adults aged 19 to 64 has jumped 60 percent over the last 4 years, from 16,000,000 in 2003 to 25,000,000 in 2007. (3) According to the Centers for Disease Control and Prevention (CDC), approximately 45 percent of Americans have at least one chronic condition. (4) Forty-four States currently allow insurance companies to deny coverage for, limit coverage for, or charge increased premiums for a preexisting condition. (5) Over 26 million people were enrolled in private individual market health plans in 2007. Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), these individuals have no protections against pre-existing condition exclusions or waiting periods. (6) When a child or adult has a 63-day gap in insurance coverage, pre-existing condition exclusions, such as limiting coverage or instituting a waiting period, can be placed on them when they become insured under a new health insurance policy. (7) Eliminating pre-existing condition exclusions for all is a vital safeguard to ensuring that all Americans have access to health care when in need. (8) According to a Kaiser Family Foundation/Harvard School of Public Health public opinion poll, 58 percent of Americans strongly favor the Federal Government requiring health insurance companies to cover anyone who applies for health coverage, even if they have a prior illness. SEC. 3. AMENDMENTS RELATING TO PREEXISTING CONDITION EXCLUSIONS UNDER GROUP HEALTH PLANS. (a) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) Elimination of preexisting condition exclusions.-- Section 701 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181) is amended-- (A) by amending the heading to read as follows: ``elimination of preexisting condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, with respect to a participant or beneficiary-- ``(1) may not impose any preexisting condition exclusion; and ``(2) in the case of a group health plan that offers medical care through health insurance coverage offered by a health maintenance organization, may not provide for an affiliation period with respect to coverage through the organization.''; (C) in subsection (b), by striking paragraph (3) and inserting the following: ``(3) Affiliation period.--The term `affiliation period' means a period which, under the terms of the health insurance coverage offered by the health maintenance organization, must expire before the health insurance coverage becomes effective.''; (D) by striking subsections (c), (d), (e), and (g); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Clerical amendment.--The item in the table of contents of such Act relating to section 701 is amended to read as follows: ``Sec. 701. Elimination of preexisting condition exclusions.''. (b) Amendments to the Public Health Service Act.-- (1) In general.--Section 2701 of the Public Health Service Act (42 U.S.C. 300gg) is amended-- (A) by amending the heading to read as follows: ``elimination of preexisting condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, with respect to a participant or beneficiary-- ``(1) may not impose any preexisting condition exclusion; and ``(2) in the case of a group health plan that offers medical care through health insurance coverage offered by a health maintenance organization, may not provide for an affiliation period with respect to coverage through the organization.''; (C) in subsection (b), by striking paragraph (3) and inserting the following: ``(3) Affiliation period.--The term `affiliation period' means a period which, under the terms of the health insurance coverage offered by the health maintenance organization, must expire before the health insurance coverage becomes effective.''; (D) by striking subsections (c), (d), (e), and (g); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Technical amendments relating to employer size.-- Section 2711 of such Act (42 U.S.C. 300gg-11) is amended-- (A) in subsection (a)-- (i) in the heading, by striking ``Small''; (ii) in paragraph (1)-- (I) in the matter before subparagraph (A), by striking ``(c) through (f)'' and inserting ``(b) through (d)'' and by striking ``small''; and (II) in subparagraph (A), by striking ``small employer (as defined in section 2791(e)(4))'' and inserting ``employer''; and (iii) in paragraph (2)-- (I) by striking ``small'' each place it appears; and (II) by striking ``coverage to a'' and inserting ``coverage to an''; (B) by striking subsection (b); (C) in subsections (c), (d), and (e), by striking ``small'' each place it appears; and (D) by striking subsection (f). (c) Amendments to the Internal Revenue Code of 1986.-- (1) Elimination of preexisting condition exclusions.-- Section 9801 of the Internal Revenue Code of 1986 is amended-- (A) by amending the heading to read as follows: ``elimination of preexisting condition exclusions''; (B) by amending subsection (a) to read as follows: ``(a) In General.--A group health plan with respect to a participant or beneficiary may not impose any preexisting condition exclusion.''; (C) by striking paragraph (3) of subsection (b); (D) by striking subsections (c), (d), and (e); and (E) by redesignating subsection (f) (relating to special enrollment periods) as subsection (c). (2) Clerical amendment.--The item in the table of sections of chapter 100 of such Code relating to section 9801 is amended to read as follows: ``Sec. 9801. Elimination of preexisting condition exclusions.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning after the end of the 12th calendar month following the date of the enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (B) the date that is after the end of the 12th calendar month following the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendments made by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 4. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS IN HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET. (a) In General.--Section 2741 of the Public Health Service Act (42 U.S.C. 300gg-41) is amended-- (1) in subsection (a)(1), by striking ``with respect to an eligible individual'' and all that follows and inserting the following: ``with respect to-- ``(A) an eligible individual (as defined in subsection (b)) desiring to enroll in individual health insurance coverage decline to offer such coverage to, or deny enrollment of, such individual; and ``(B) any individual desiring to enroll in such coverage impose any preexisting condition exclusion (as defined in section 2701(b)(1)(A)) with respect to such coverage.''; and (2) in subsection (a)(2), by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''. (b) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the end of the 12th month following the date of the enactment of this Act. SEC. 5. TRANSPARENCY IN CLAIMS DATA. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the impact of this Act on health benefits coverage. (b) Examination of Claims Experience and Other Data.--In preparing the report under subsection (a), the Secretary may request from group health plans and health insurance issuers-- (1) data on claims experience under the plan or health insurance coverage issued by such issuers, such as the number, nature, and dollar amount of claims made by enrollees during the period involved; (2) data relating to enrollees in the plan or under such coverage, such as number of new enrollees, number of individuals reenrolling (or discontinuing enrollment) after the first year of coverage, and changes in the demographic composition of enrollees; and (3) such other information as the Secretary deems appropriate. The provisions of section 2722(b) of the Public Health Service Act shall apply to a failure of a group health plan or health insurance issuer to provide data or information requested by the Secretary under this subsection in the same manner as such provisions apply to the enforcement of a provision of part A of title XXVIII of such Act, except that any reference to an individual in paragraph (1)(C)(i) of such section shall be deemed for this purpose a reference to a covered life under the plan or health insurance coverage involved. SEC. 6. GAO REPORT. Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact of this Act (and other Federal laws regarding the regulation of health insurance and health benefits coverage) on the reduction in the number of uninsured and underinsured individuals in the group market and the individual market and on the affordability of coverage in such markets.

Preexisting Condition Patient Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from: (1) imposing any preexisting condition exclusion; or (2) providing for an affiliation period for coverage offered by a health maintenance organization (HMO). Defines an "affiliation period" as a period of time before health insurance coverage becomes effective. Requires each health insurance issuer offering coverage in the group market in a state to accept every employer in the state that applies for such coverage. Prohibits preexisting condition exclusions for individual health insurance coverage. Requires the Secretary of Health and Human Services to report to Congress on the impact of this Act on health benefits coverage. Authorizes the Secretary to request claims data, enrollee data, and other appropriate information from group health plans and health insurance issuers. Directs the Comptroller General to report to Congress on the impact of this Act and other relevant federal laws on the reduction in the number of uninsured and underinsured individuals and on the affordability of coverage.

To amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to prohibit preexisting condition exclusions in group health plans and health insurance coverage in the group and individual markets.

SECTION 1. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION. (a) In General.--Chapter 97 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1994. Terrorist attacks against mass transportation ``(a) General Prohibitions.--Whoever willfully-- ``(1) wrecks, derails, sets fire to, or disables a mass transportation vehicle or vessel; ``(2) places or causes to be placed any destructive substance in, upon, or near a mass transportation vehicle or vessel, without previously obtaining the permission of the mass transportation providers; ``(3) sets fire to, or places any destructive substance in, upon, or near any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, knowing or having reason to know such activity would likely derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; ``(4) removes appurtenances from, damages, or otherwise impairs the operation of a mass transportation signal system, including a train control system, centralized dispatching system, or rail grade-crossing warning signal; ``(5) interferes with, disables, or incapacitates any driver or person while they are employed in operating or maintaining a mass transportation vehicle or vessel, or any ticket and fare collection activities, while that driver or person is engaged in the duties of that employment, with intent to endanger the safety of any passenger or employee of the mass transportation provider, or with a reckless disregard for the safety of human life; ``(6) commits an act intended to cause death or serious bodily injury to an employee or passenger of a mass transportation provider on the property of a mass transportation provider; ``(7) conveys or causes to be conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this subsection, except that this paragraph does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; or ``(8) attempts, threatens, or conspires to do any of the acts prohibited in paragraphs (1) through (7); shall be fined under this title or imprisoned not more than 20 years, or both, if such act is committed on or against a mass transportation provider engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act. Whoever is convicted under this section shall also be subject to imprisonment for life if the mass transportation vehicle or vessel was carrying a passenger at the time of the offense. ``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.-- (1) Except as provided in paragraph (4), whoever knowingly possesses or causes to be present any firearm or other dangerous weapon on board a mass transportation vehicle or vessel, or attempts to do so, shall be fined under this title or imprisoned not more than one year, or both, if such act is committed on a mass transportation provider engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act. ``(2) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon on board a mass transportation vehicle or vessel, or in a mass transportation passenger terminal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both, if such act is committed on a mass transportation provider engaged in or affecting interstate or foreign commerce, or if in the course of committing such act, that person travels or communicates across a State line in order to commit such act, or transports materials across a State line in aid of the commission of such act. ``(3) A person who kills or attempts to kill a person in the course of a violation of paragraph (1) or (2), or in the course of an attack on a mass transportation vehicle or vessel, or a mass transportation passenger terminal facility involving the use of a firearm or other dangerous weapon, shall be punished as provided in sections 1111, 1112, and 1113 of this title, except that the penalty of death may not be imposed with respect to a killing made an offense by this section. ``(4) Paragraph (1) does not apply to-- ``(A) the possession of a firearm or other dangerous weapon by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, while engaged in the lawful performance of official duties, who is authorized by law to engage in the transportation of people accused or convicted of crimes, or supervise the prevention, detection, investigation, or prosecution of any violation of law; ``(B) the possession of a firearm or other dangerous weapon by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, while off duty, if such possession is authorized by law; ``(C) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or ``(D) an individual transporting a firearm on board a mass transportation vehicle or vessel (except a loaded firearm) in baggage not accessible to any passenger on board the vehicle or vessel, if the mass transportation provider was informed of the presence of the weapon prior to the firearm being placed on board the vehicle or vessel. ``(c) Prohibition Against Propelling Objects.--Whoever willfully or recklessly throws, shoots, or propels a rock, stone, brick, or piece of iron, steel, or other metal or any deadly or dangerous object or destructive substance at any mass transportation vehicle or vessel, knowing or having reason to know such activity would likely cause personal injury, shall be fined under this title or imprisoned for not more than 5 years, or both, if such act is committed on or against a mass transportation provider engaged in or substantially affecting interstate or foreign commerce, or if in the course of committing such acts, that person travels or communicates across a State line in order to commit such acts, or transports materials across a State line in aid of the commission of such acts. Whoever is convicted of any crime prohibited by this subsection shall also be subject to imprisonment for not more than 20 years if the offense has resulted in the death of any person. ``(d) Definitions.--In this section-- ``(1) the term `dangerous device' has the meaning given to that term in section 921(a)(4) of this title; ``(2) the term `dangerous weapon' has the meaning given to that term in section 930 of this title; ``(3) the term `destructive substance' has the meaning given to that term in section 31, except that-- ``(A) the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes; and ``(B) the term `destructive substance' includes any radioactive device or material that can be used to cause a harm listed in subsection (a) and that is not in use solely for medical, industrial, research, or other peaceful purposes; ``(4) the term `firearm' has the meaning given to that term in section 921 of this title; ``(5) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, except that the term also includes school bus, charter, and sightseeing transportation; ``(6) the term `serious bodily injury' has the meaning given to that term in section 1365 of this title; and ``(7) the term `State' has the meaning given to that term in section 2266 of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 97 of title 18, United States Code, is amended by adding at the end the following new item: ``1994. Terrorist attacks against mass transportation.''. SEC. 2. INVESTIGATIVE JURISDICTION. The Federal Bureau of Investigation shall lead the investigation of all offenses under section 1994 of title 18, United States Code. The Federal Bureau of Investigation shall cooperate with the National Transportation Safety Board and with the Department of Transportation in safety investigations by these agencies, and with the Treasury Department's Bureau of Alcohol, Tobacco and Firearms concerning an investigation regarding the possession of firearms and explosives.

Amends the Federal criminal code to set penalties for specified terrorist attacks against mass transportation, including derailing or setting fire to a mass transportation vehicle or vessel (vehicle), and incapacitating any person while such person is employed in operating or maintaining such vehicle with intent to endanger passenger or employee safety, or with a reckless disregard for the safety of human life. Prohibits and sets penalties for knowingly possessing or causing to be present a firearm or other dangerous weapon on board a vehicle, and for doing so with intent that it be used in the commission of a crime (including in a mass transportation passenger terminal facility). Sets penalties for killing or attempting to kill a person in the course of a violation or an attack on a vehicle or such facility. Lists exceptions, including for Federal, State, or local government agents or employees while engaged in the lawful performance of official duties. Prohibits and sets penalties for willfully or recklessly propelling dangerous objects or substances at a vehicle, knowing or having reason to know that doing so would likely cause personal injury, under specified circumstances. Directs the Federal Bureau of Investigation to lead investigation of all offenses under this Act, and to cooperate with the National Transportation Safety Board, the Department of Transportation, and the Treasury Department's Bureau of Alcohol, Tobacco, and Firearms in safety investigations and in firearms or explosives possession investigations.

To provide penalties for terrorist attacks against mass transportation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulations Endanger Democracy Act of 2017'' or the ``RED Tape Act of 2017''. SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING RULE. (a) Definitions.--In this section-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; (2) the term ``covered rule'' means a rule of an agency that causes a new financial or administrative burden on businesses in the United States or on the people of the United States, as determined by the head of the agency; (3) the term ``rule''-- (A) has the meaning given the term in section 551 of title 5, United States Code; and (B) includes-- (i) any rule issued by an agency pursuant to an Executive order or Presidential memorandum; and (ii) any rule issued by an agency due to the issuance of a memorandum, guidance document, bulletin, or press release issued by an agency; and (4) the term ``Unified Agenda'' means the Unified Agenda of Federal Regulatory and Deregulatory Actions. (b) Prohibition on Issuance of Certain Rules.-- (1) In general.--An agency may not-- (A) issue a covered rule that does not amend or modify an existing rule of the agency, unless-- (i) the agency has repealed 2 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed under clause (i), as determined and certified by the head of the agency; or (B) issue a covered rule that amends or modifies an existing rule of the agency, unless-- (i) the agency has repealed or amended 2 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed or amended under clause (i), as determined and certified by the head of the agency. (2) Application.--Paragraph (1) shall not apply to the issuance of a covered rule by an agency that-- (A) relates to the internal policy or practice of the agency or procurement by the agency; or (B) is being revised to be less burdensome to decrease requirements imposed by the covered rule or the cost of compliance with the covered rule. (c) Considerations for Repealing Rules.--In determining whether to repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection (b)(1), the head of the agency that issued the covered rule shall consider-- (1) whether the covered rule achieved, or has been ineffective in achieving, the original purpose of the covered rule; (2) any adverse effects that could materialize if the covered rule is repealed, in particular if those adverse effects are the reason the covered rule was originally issued; (3) whether the costs of the covered rule outweigh any benefits of the covered rule to the United States; (4) whether the covered rule has become obsolete due to changes in technology, economic conditions, market practices, or any other factors; and (5) whether the covered rule overlaps with a covered rule to be issued by the agency. (d) Publication of Covered Rules in Unified Agenda.-- (1) Requirements.--Each agency shall, on a semiannual basis, submit jointly and without delay to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing-- (A) each covered rule that the agency intends to issue during the 6-month period following the date of submission; (B) each covered rule that the agency intends to repeal or amend in accordance with subsection (b) during the 6-month period following the date of submission; and (C) the cost of each covered rule described in subparagraphs (A) and (B). (2) Prohibition.--An agency may not issue a covered rule unless the agency complies with the requirements under paragraph (1).

Regulations Endanger Democracy Act of 2017 or the RED Tape Act of 2017 This bill prohibits a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more existing rules causing such a burden and the cost of the rule to be issued is less than or equal to that of the rules repealed or amended. The bill exempts a rule that: (1) relates to the internal policy or practice of, or procurement by, the agency; or (2) is being revised to be less burdensome by decreasing requirements imposed by, or compliance costs of, the rule. In determining whether to repeal such a rule, an agency must consider: (1) whether the rule has achieved its purpose, has become obsolete, or overlaps with a rule to be issued; (2) any adverse effects that could materialize if the rule is repealed; and (3) whether the costs of the rule outweigh its benefits. Each agency must submit semiannually to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list of such rules the agency intends to issue, repeal, or amend during the following six months and the cost of each such rule.

Regulations Endanger Democracy Act of 2017

SECTION 1. MORATORIUM ON IMPLEMENTATION. (a) Definition.--As used in this section: (1) Act.--The term ``Act'' means title XIV of the Public Health Service Act (commonly known as the Safe Drinking Water Act; 42 U.S.C. 300f et seq.). (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (b) Moratorium.--Except as provided in subsection (d), the Administrator may not implement-- (1) any national primary drinking water regulation promulgated pursuant to section 1412 of the Act (42 U.S.C. 300g-1) after December 21, 1989; or (2) any similar rule or regulation, until such time as the Administrator meets the applicable requirements of subsection (c) and authorizing legislation that extends the authorization with respect to the provisions of the Act is enacted. (c) Study and Report.-- (1) Study.--Not later than 1 year after the date of enactment of this section, the Administrator shall conduct a comprehensive study to review-- (A) each final regulation that has been promulgated under the Act as of the date of the review, and regulatory alternatives to the regulation that reflect a range of levels of safety or direct health benefits (or a combination of both); (B) for each regulatory alternative described in subparagraph (A)-- (i) any health effect the regulatory alternative would prevent; and (ii) the system-level incremental cost of the alternative; (C) in consultation with the Director of the National Academy of Sciences, the list of contaminants listed pursuant to section 1412 of the Act (42 U.S.C. 300g-1) for the purpose of considering revisions to the list to take into account-- (i) whether the contaminant is known (or reasonably anticipated) to cause a significant adverse effect on human health; (ii) if the contaminant is not known (or reasonably anticipated) to cause a significant adverse effect on human health, the risk or safety factors associated with the maximum contaminant level for the contaminant under section 1412 of the Act (including any safety factor associated with relative source contribution and assumptions concerning water consumption); and (iii) whether the contaminant is known to be, or reasonably anticipated to occur, in public water systems located within each State and region covered by the Act; (D) the compliance deadlines under the Act (to determine whether any revision would be appropriate); (E) each regulation and proposed regulation described in subsection (b), for the purpose of determining whether a regulation to apply exclusively to small public water systems (as determined by the Administrator) would be more appropriate to address the needs of small communities (as determined by the Administrator); and (F) the funding needs of States and political subdivisions of States to meet the requirements of the Act, and recommended alternatives to ensure that States and political subdivisions of States meet the funding needs. (2) Report.--Upon completion of the study described in paragraph (1), the Administrator shall submit to Congress a written report that documents the findings of the study and includes recommended legislative changes to the Act. (d) Issuance of Regulations.--If the Administrator, in consultation with the States, and after considering available resources for managing risks associated with drinking water, determines that the immediate implementation or promulgation of a national primary drinking water regulation under section 1412 of the Act (42 U.S.C. 300g-1), or similar rule or regulation, is justifiable in order to protect human health, the Administrator shall implement or promulgate the regulation without regard to subsection (b). SEC. 2. DEFINITION OF PUBLIC WATER SYSTEM. Section 1401(4) of title XIV of the Public Health Service Act (commonly known as the Safe Drinking Water Act) is amended by adding the following at the end thereof: ``Such term shall not include any system which (i) relies only on surface water supplies, (ii) serves only seasonal rental residences, and (iii) serves 100 or fewer individuals. For purposes of the preceding sentence, the term `seasonal' refers to residences occupied less than 6 months during any calendar year.''.

Prohibits the Administrator of the Environmental Protection Agency from implementing any national primary drinking water regulation under the Safe Drinking Water Act (the Act) or any similar regulation until this Act's requirements are met and legislation that extends the authorization of the Act is enacted. Requires the Administrator to study and report to the Congress on: (1) each final regulation promulgated under the Act and regulatory alternatives that reflect a range of levels of safety or direct health benefits; (2) any health effect an alternative would prevent and the system-level incremental cost of each alternative; (3) the contaminants listed pursuant to the Act for purposes of considering revisions to the list, taking into account anticipated adverse health effects of the contaminant, the risk or safety factors associated with the maximum contaminant level, and whether the contaminant may occur in public water systems; (4) compliance deadlines; (5) whether a regulation should apply exclusively to small public water systems; and (6) recommended alternatives to ensure that States and political subdivisions meet funding needs to carry out the Act. Directs the Administrator, if the implementation or promulgation of a primary drinking water regulation is justifiable to protect human health, to implement or promulgate such regulation without regard to the requirements of this Act. Amends the Safe Drinking Water Act to exclude from the definition of "public water system" any system which: (1) relies only on surface water supplies; (2) serves only seasonal rental residences; and (3) serves 100 or fewer individuals.

To establish a moratorium on the promulgation and implementation of certain drinking water regulations promulgated under the Safe Drinking Water Act, to modify the definition of public water system, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Safe Container Transportation Amendments Act of 1996''. SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49 of the United States Code. SEC. 3. DEFINITIONS. Section 5901 (relating to definitions) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) except as otherwise provided in this chapter, the definitions in section 13102 of this title apply.''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) `gross cargo weight' means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.''. SEC. 4. NOTIFICATION AND CERTIFICATION. (a) Prior Notification.--Subsection (a) of section 5902 (relating to prior notification) is amended-- (1) by striking ``Before a person tenders to a first carrier for intermodal transportation a'' and inserting ``If the first carrier to which any''; (2) by striking ``10,000 pounds (including packing material and pallets), the person shall give the carrier a written'' and inserting ``29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a''; (3) by striking ``trailer.'' and inserting ``trailer before the tendering of the container or trailer.''; (4) by striking ``electronically.'' and inserting ``electronically or by telephone.''; and (5) by adding at the end thereof the following: ``This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier.''. (b) Certification.--Subsection (b) of section 5902 (relating to certification) is amended to read as follows: ``(b) Certification.-- ``(1) In general.--A person who tenders a loaded container or trailer with an actual gross cargo weight of more than 29,000 pounds to a first carrier for intermodal transportation shall provide a certification of the contents of the container or trailer in writing, or electronically, before or when the container or trailer is so tendered. ``(2) Contents of certification.--The certification required by paragraph (1) shall include-- ``(A) the actual gross cargo weight; ``(B) a reasonable description of the contents of the container or trailer; ``(C) the identity of the certifying party; ``(D) the container or trailer number; and ``(E) the date of certification or transfer of data to another document, as provided for in paragraph (3). ``(3) Transfer of certification data.--A carrier who receives a certification may transfer the information contained in the certification to another document or to electronic format for forwarding to a subsequent carrier. The person transferring the information shall state on the forwarded document the date on which the data was transferred and the identity of the party who performed the transfer. ``(4) Shipping documents.--For purposes of this chapter, a shipping document, prepared by the person who tenders a container or trailer to a first carrier, that contains the information required by paragraph (2) meets the requirements of paragraph (1). ``(5) Use of `freight all kinds' term.--The term `Freight All Kinds' or `FAK' may not be used for the purpose of certification under section 5902(b) after December 31, 2000, as a commodity description for a trailer or container if the weight of any commodity in the trailer or container equals or exceeds 20 percent of the total weight of the contents of the trailer or container. This subsection does not prohibit the use of the term after that date for rating purposes. ``(6) Separate document marking.--If a separate document is used to meet the requirements of paragraph (1), it shall be conspicuously marked `INTERMODAL CERTIFICATION'. ``(7) Applicability.--This subsection applies to any person, domestic or foreign, who first tenders a container or trailer subject to this chapter for intermodal transportation within the United States.''. (c) Forwarding Certifications.--Subsection (c) of section 5902 (relating to forwarding certifications to subsequent carriers) is amended-- (1) by striking ``transportation.'' and inserting ``transportation before or when the loaded intermodal container or trailer is tendered to the subsequent carrier. If no certification is received by the subsequent carrier before or when the container or trailer is tendered to it, the subsequent carrier may presume that no certification is required.''; and (2) by adding at the end thereof the following: ``If a person inaccurately transfers the information on the certification, or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest for any such fine, penalty, cost (including storage), or interest incurred as a result of the inaccurate transfer of information or failure to forward the certification. A subsequent carrier who incurs a bond, fine, penalty, or cost (including storage), or interest as a result of the inaccurate transfer of the information, or the failure to forward the certification, shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure.''. (d) Liability.--Section 5902 is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following: ``(d) Liability to Owner or Beneficial Owner.--If-- ``(1) a person inaccurately transfers information on a certification required by subsection (b)(1), or fails to forward a certification to the subsequent carrier; ``(2) as a result of the inaccurate transfer of such information or a failure to forward a certification, the subsequent carrier incurs a bond, fine, penalty, or cost (including storage), or interest; and ``(3) that subsequent carrier exercises its rights to a lien under section 5905, then that person is liable to the owner or beneficial owner, or to any other person paying the amount of the lien to the subsequent carrier, for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with it. (e) Nonapplication.--Subsection (e) of section 5902, as redesignated, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2), as redesignated, the following: ``(1) The notification and certification requirements of subsections (a) and (b) of this section do not apply to any intermodal container or trailer containing consolidated shipments loaded by a motor carrier if that motor carrier-- ``(A) performs the highway portion of the intermodal movement; or ``(B) assumes the responsibility for any weight- related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation.''. SEC. 5. PROHIBITIONS. Section 5903 (relating to prohibitions) is amended-- (1) by inserting after ``person'' a comma and the following: ``to whom section 5902(b) applies,''; (2) by striking subsection (b) and inserting the following: ``(b) Transporting Prior to Receiving Certification.-- ``(1) Presumption.--If no certification is received by a motor carrier before or when a loaded intermodal container or trailer is tendered to it, the motor carrier may presume that the gross cargo weight of the container or trailer is less than 29,001 pounds. ``(2) Copy of certification not required to accompany container or trailer.--Notwithstanding any other provision of this chapter to the contrary, a copy of the certification required by section 5902(b) is not required to accompany the intermodal container or trailer.''; and (3) by striking ``10,000 pounds (including packing materials and pallets)'' in subsection (c)(1) and inserting ``29,000 pound''. SEC. 6. LIENS. Section 5905 (relating to liens) is amended-- (1) by striking subsection (a) and inserting the following: (a) General.--If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by section 5902(b) of this title is required, because of a violation of a State's gross vehicle weight laws or regulations, to post a bond or pay a fine, penalty, cost (including storage), or interest resulting from-- ``(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of section 5903(a) of this title; ``(2) the failure of the party required to provide the certification to the first carrier to provide it; ``(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or ``(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c), then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.''; (2) by inserting a comma and ``or the owner or beneficial owner of the contents,'' after ``first carrier'' in subsection (b)(1); and (3) by striking ``cost, or interest.'' in subsection (b)(1) and inserting ``cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section.''. SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES. Section 5906 (relating to perishable agricultural commodities) is amended by striking ``Sections 5904(a)(2) and 5905 of this title do'' and inserting ``Section 5905 of this title does''. SEC. 8. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Section 5907(a) (relating to regulations) is amended by striking the first sentence and inserting the following: ``Not later than 30 days after the date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996, the Secretary of Transportation shall initiate a proceeding to consider adoption or modification of regulations under this chapter to reflect the amendments made by that Act. The Secretary shall prescribe final regulations, if such regulations are needed, within 90 days after such date of enactment.''. (b) Effective Date.--Section 5907(b) (relating to effective date) is amended to read as follows: ``(b) Effective Date.--This chapter is effective on the date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996. The Secretary shall implement the provisions of this chapter 180 days after such date of enactment.''. SEC. 9. RELATIONSHIP TO OTHER LAWS. (a) In General.--Chapter 59 is amended by adding at the end thereof the following: ``Sec. 5908. Relationship to other laws ``Nothing in this chapter affects-- ``(1) chapter 51 (relating to transportation of hazardous material) or the regulations promulgated under that chapter; or ``(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end thereof the following: ``5908. Relationship to other laws''

Intermodal Safe Container Transportation Amendments Act of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer. Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification of gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.

Intermodal Safe Container Transportation Amendments Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare-X Choice Act of 2017''. SEC. 2. ESTABLISHMENT AND ADMINISTRATION OF A PUBLIC HEALTH PLAN. The Social Security Act is amended by adding at the end the following new title: ``TITLE XXII--MEDICARE EXCHANGE HEALTH PLAN ``SEC. 2201. ESTABLISHMENT. ``(a) Establishment of Plan.-- ``(1) In general.--The Secretary shall establish a coordinated and low-cost health plan, to be known as the `Medicare Exchange health plan' (referred to in this section as the `health plan') to provide access to quality health care for enrollees. ``(2) Timeframe.-- ``(A) Individual market availability.-- ``(i) In general.--In accordance with clause (ii), the Secretary shall make the health plan available in the individual market, in certain rating areas, for plan year 2020 and each subsequent plan year, and increase the availability such that the plan is available in the individual market to all residents of all rating areas in the United States for plan year 2023 and each subsequent plan year. ``(ii) Priority areas.--In determining in which rating areas the Secretary initially will make the health plan available, the Secretary shall give priority to rating areas in which-- ``(I) not more than 1 health insurance issuer offers plans on the applicable State or Federal American Health Benefit Exchange (referred to in this title as the `Exchange'); or ``(II) there is a shortage of health providers or lack of competition that results in a high cost of health care services, including health professional shortage areas and rural areas. ``(B) Small group market.--The Secretary shall make the health plan available in the small group market in all rating areas for plan year 2024. ``(b) Establishment of Funds.-- ``(1) Plan reserve fund.-- ``(A) In general.--There is established in the Treasury of the United States a `Plan Reserve Fund', to be administered by the Secretary of Health and Human Services, for purposes of establishing the Medicare Exchange health plan and administering such plan, consisting of amounts appropriated to such fund. ``(B) Appropriation.--There is appropriated $1,000,000,000, out of monies in the Treasury not otherwise obligated, to the Plan Reserve Fund for fiscal year 2018. ``(2) Data and technology fund.--There is established in the Treasury of the United States a `Data and Technology Fund', to be administered by the Secretary of Health and Human Services, acting through the Chief Actuary of the Centers for Medicare & Medicaid Services, for purposes of updating technology and performing data collection under section 2205 in order to establish appropriate premiums for all geographic regions of the United States. There are authorized to be appropriated to the Data and Technology Fund such sums as may be necessary for fiscal year 2018. ``(c) Rulemaking.--The Secretary may promulgate such regulations as may be necessary to carry out this title. ``SEC. 2202. AVAILABILITY OF PLAN. ``(a) Eligibility.--An individual shall be eligible to enroll in the health plan if such individual, for the entire period for which enrollment is sought-- ``(1) is a qualified individual within the meaning of section 1312 of the Patient Protection and Affordable Care Act (42 U.S.C. 18032); and ``(2) is not eligible for benefits under the Medicare program under title XVIII. ``(b) Exchanges.--In accordance with the timeframe under section 2201(a)(2), the health plan shall be made available through the American Health Benefit Exchanges described in sections 1311 and 1321 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031, 18041), including the Small Business Health Options Program Exchange. ``SEC. 2203. PLAN REQUIREMENTS. ``(a) General Requirements.--The health plan shall comply with all requirements of subtitle D of title I of the Patient Protection and Affordable Care Act (42 U.S.C. 18021 et seq.) and title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) applicable to qualified health plans, and such health plan shall be a qualified health plan, including for purposes of the Internal Revenue Code of 1986. ``(b) Levels of Coverage.--The Secretary-- ``(1) shall make available a silver level and gold level version of the plan, in accordance with section 1301(a)(1)(C)(ii); and ``(2) may make available no more than 2 versions of the plan for each of the 4 levels of coverage described in subparagraphs (A) through (D) of section 1302(d)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(d)(1)). ``SEC. 2204. ADMINISTRATIVE CONTRACTING. ``(a) In General.--The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A) with respect to the health plan in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary shall have the same authority with respect to the public health insurance option as the Secretary has under such subsection (a)(1) and subsection (b) of section 1874A with respect to title XVIII. ``(b) Transfer of Insurance Risk.--Any contract under subsection (a) shall not involve the transfer of insurance risk from the Secretary to the entity entering into such contract with the Secretary, except in the case of an alternative payment model under section 2209(h). ``SEC. 2205. DATA COLLECTION. ``Subject to all applicable privacy requirements, including the requirements under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), the Secretary may collect data from State insurance commissioners and other relevant entities to establish rates for premiums and for other purposes including to improve quality, and reduce racial, ethnic, and other disparities, with respect to the health plan. ``SEC. 2206. PREMIUMS; RISK POOLS; REINSURANCE. ``(a) Premium Amounts.--The Secretary shall establish premiums for the health plan that cover the full actuarial cost of offering such plan, including the administrative costs of offering such plan. Such premiums shall vary geographically and between the small group market and the individual market in accordance with differences in the cost of providing such coverage. If, for any plan year, the amount collected in premiums exceeds the amount required for health care benefits and administrative costs in that plan year, such excess amounts shall remain available to the Secretary to administer the health plan and finance beneficiary costs in subsequent years. ``(b) Risk Pool.--All enrollees in the health plan within a State shall be members of a single risk pool, except that the Secretary may establish separate risk pools for the individual market and small group market if the State has not exercised its authority under section 1312(c)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(c)(3)). ``(c) Reinsurance.--Notwithstanding subsection (b), the Secretary may establish a mechanism to pool the costs of the highest-cost patients on a nationwide basis to the extent such costs are not already pooled pursuant to section 1343 of the Patient Protection and Affordable Care Act (42 U.S.C. 18063). ``SEC. 2207. REIMBURSEMENT RATES. ``(a) Medicare Rates.-- ``(1) In general.--Except as provided in paragraph (2) and subsections (b) and (c) and subject to subsection (d), the Secretary shall reimburse health care providers furnishing items and services under the health plan at rates determined for equivalent items and services under the original Medicare fee-for-service program under parts A and B of title XVIII. ``(2) Authority to increase payments rates in rural areas.--If the Secretary determines appropriate, the Secretary may increase the reimbursements rates described in paragraph (1) by up to 25 percent for items and services furnished in rural areas (as defined in section 1886(d)(2)(D)). ``(b) Prescription Drugs.--Subject to subsection (d), payment rates for prescription drugs shall be at a rate negotiated by the Secretary. Such negotiations may be in conjunction with negotiations for covered part D drugs under part D of title XVIII. ``(c) Additional Items and Services.--Subject to subsection (d), the Secretary shall establish reimbursement rates for any items and services provided under the health plan that are not items and services provided under the original Medicare fee-for-service program under parts A and B of title XVIII. ``(d) Innovative Payment Methods.--The Secretary may utilize innovative payment methods, including value-based payment arrangements, in making payments for items and services (including prescription drugs) furnished under the health plan. ``SEC. 2208. PARTICIPATING PROVIDERS. ``(a) In General.--A health care provider that is enrolled under the Medicare program under section 1866(j) or is a participating provider under a State Medicaid plan under title XIX on the date of enactment of this Act shall be a participating provider under the health plan. ``(b) Additional Providers.--The Secretary shall establish a process to allow health care providers not described in subsection (a) to become a participating provider under the health plan. ``(c) Opt-Out.--The Secretary shall establish a process by which a health care provider that is a participating provider under the health plan pursuant to subsection (a) or (b) may opt-out of being such a participating provider. ``(d) Requirement To Participate in Order To Be Enrolled Under Medicare.--Beginning January 1, 2019, a health care provider may not be enrolled under the Medicare program under section 1866(j) unless the provider is also a participating provider under the health plan. ``SEC. 2209. DELIVERY SYSTEM REFORM FOR AN ENHANCED HEALTH PLAN. ``(a) In General.--For plan years beginning with plan year 2020, the Secretary may utilize innovative payment mechanisms and policies to determine payments for items and services under the health plan. The payment mechanisms and policies under this section may include patient- centered medical home and other care management payments, accountable care organizations, value-based purchasing, bundling of services, differential payment rates, performance or utilization based payments, telehealth, remote patient monitoring, partial capitation, and direct contracting with providers. ``(b) Requirements for Innovative Payments.--The Secretary shall design and implement the payment mechanisms and policies under this section in a manner that-- ``(1) seeks to-- ``(A) improve health outcomes; ``(B) reduce health disparities (including racial, ethnic, and other disparities); ``(C) provide efficient and affordable care; ``(D) address geographic variation in the provision of health services; or ``(E) prevent or manage chronic illness; and ``(2) promotes care that is integrated, patient-centered, quality, and efficient. ``(c) Encouraging the Use of High-Value Services.--To the extent allowed by the benefit standards applied to all health benefits plans participating in the Exchanges (as described in section 2202(b)), the health plan may modify cost-sharing and payment rates to encourage the use of services that promote health and value. ``(d) Promotion of Delivery System Reform.--The Secretary shall monitor and evaluate the progress of payment and delivery system reforms under this section and shall seek to implement such reforms subject to the following: ``(1) To the extent that the Secretary finds a payment and delivery system reform successful in improving quality and reducing costs, the Secretary shall implement such reform on as large a geographic scale as practical and economical. ``(2) The Secretary may delay the implementation of such a reform in geographic areas in which such implementation would place the public health insurance option at a competitive disadvantage. ``(3) The Secretary may prioritize implementation of such a reform in high-cost geographic areas or otherwise in order to reduce total program costs or to promote high-value care. ``(e) Non-Uniformity Permitted.--Nothing in this section shall prevent the Secretary from varying payments based on different payment structure models (such as accountable care organizations and medical homes) under the health plan for different geographic areas. ``(f) Integration With Social Services.--The Secretary shall establish processes and, when appropriate, collaborate with other agencies to integrate medical care under the health plan with food, housing, transportation, and income assistance if the Secretary determines that such integration is expected to-- ``(1) reduce spending without reducing the quality of patient care; or ``(2) improve the quality of patient care without increasing spending. ``(g) Telehealth.--The Secretary shall ensure the integration of telehealth tools that increase patient access to medical care, particularly in remote or underserved areas, if the Secretary determines that such integration is expected to-- ``(1) reduce spending without reducing the quality of patient care; or ``(2) improve the quality of patient care without increasing spending. ``(h) Alternative Payment Model.-- ``(1) In general.--The Secretary shall evaluate the possibility of providing incentives, and, if appropriate, apply incentives, for enrollees in the health plan who receive services from providers who are participating in an alternative payment model (as defined in section 1833(z)(3)(C)). ``(2) Authority to use apms in use under traditional medicare.--Nothing in this section shall preclude the Secretary from using alternative payment models (as so defined) under this title that are in use under title XVIII. ``SEC. 2210. NO EFFECT ON MEDICARE BENEFITS OR MEDICARE TRUST FUNDS. ``Nothing in this title shall-- ``(1) affect the benefits available under title XVIII; or ``(2) impact the Federal Hospital Insurance Trust Fund under section 1817 or the Federal Supplementary Medical Insurance Trust Fund under section 1841 (including the Medicare Prescription Drug Account within such Trust Fund).''. SEC. 3. AUTHORITY TO NEGOTIATE FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS. (a) In General.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended by striking subsection (i). (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Medicare-X Choice Act of 2017 This bill amends the Social Security Act to create the Medicare Exchange health plan, which the Centers for Medicare & Medicaid Services (CMS) must offer in certain individual health insurance exchanges in 2020 and offer in all individual health insurance exchanges by 2023. Any individual who is a resident of a state where the plan is offered and who is not eligible for Medicare benefits may enroll in the plan. CMS must offer the plan in the small group market in all areas for 2024. The plan must meet the same requirements, including essential health benefits, as health insurance exchange plans under the Patient Protection and Affordable Care Act. Health care providers enrolled under Medicare or under a state Medicaid plan shall also be participating providers for the plan and shall be reimbursed at Medicare rates. The bill eliminates the restriction on the Department of Health and Human Services to negotiate prescription drug prices for Medicare. 

Medicare-X Choice Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Gathering Enhancement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) record volumes of natural gas production in the United States as of the date of enactment of this Act are providing enormous benefits to the United States, including by-- (A) reducing the need for imports of natural gas, thereby directly reducing the trade deficit; (B) strengthening trade ties among the United States, Canada, and Mexico; (C) providing the opportunity for the United States to join the emerging global gas trade through the export of liquefied natural gas; (D) creating and supporting millions of new jobs across the United States; (E) adding billions of dollars to the gross domestic product of the United States every year; (F) generating additional Federal, State, and local government tax revenues; and (G) revitalizing the manufacturing sector by providing abundant and affordable feedstock; (2) large quantities of natural gas are lost due to venting and flaring, primarily in areas where natural gas infrastructure has not been developed quickly enough, such as States with large quantities of Federal land and Indian land; (3) permitting processes can hinder the development of natural gas infrastructure, such as pipeline lines and gathering lines on Federal land and Indian land; and (4) additional authority for the Secretary of the Interior to approve natural gas pipelines and gathering lines on Federal land and Indian land would-- (A) assist in bringing gas to market that would otherwise be vented or flared; and (B) significantly increase royalties collected by the Secretary of the Interior and disbursed to Federal, State, and tribal governments and individual Indians. SEC. 3. AUTHORITY TO APPROVE NATURAL GAS PIPELINES. Section 1 of the Act of February 15, 1901 (31 Stat. 790, chapter 372; 16 U.S.C. 79) is amended by inserting ``, for natural gas pipelines'' after ``distribution of electrical power''. SEC. 4. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. (a) In General.--Subtitle B of title III of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 685) is amended by adding at the end the following: ``SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. ``(a) Definitions.--In this section: ``(1) Gas gathering line and associated field compression unit.-- ``(A) In general.--The term `gas gathering line and associated field compression unit' means-- ``(i) a pipeline that is installed to transport natural gas production associated with 1 or more wells drilled and completed to produce crude oil; and ``(ii) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. ``(B) Exclusions.--The term `gas gathering line and associated field compression unit' does not include a pipeline or compression unit that is installed to transport natural gas from a processing plant to a common carrier pipeline or facility. ``(2) Federal land.-- ``(A) In general.--The term `Federal land' means land the title to which is held by the United States. ``(B) Exclusions.--The term `Federal land' does not include-- ``(i) a unit of the National Park System; ``(ii) a unit of the National Wildlife Refuge System; or ``(iii) a component of the National Wilderness Preservation System. ``(3) Indian land.--The term `Indian land' means land the title to which is held by-- ``(A) the United States in trust for an Indian tribe or an individual Indian; or ``(B) an Indian tribe or an individual Indian subject to a restriction by the United States against alienation. ``(b) Certain Natural Gas Gathering Lines.-- ``(1) In general.--Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit that is located on Federal land or Indian land and that services any oil well shall be considered to be an action that is categorically excluded (as defined in section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gas gathering line and associated field compression unit are-- ``(A) within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of natural gas produced from 1 or more oil wells in that field or unit as a reasonably foreseeable activity; and ``(B) located adjacent to an existing disturbed area for the construction of a road or pad. ``(2) Applicability.-- ``(A) Federal land.--Paragraph (1) shall not apply to Federal land, or a portion of Federal land, for which the Governor of the State in which the Federal land is located submits to the Secretary of the Interior or the Secretary of Agriculture, as applicable, a written request that paragraph (1) not apply to that Federal land (or portion of Federal land). ``(B) Indian land.--Paragraph (1) shall apply to Indian land, or a portion of Indian land, for which the Indian tribe with jurisdiction over the Indian land submits to the Secretary of the Interior a written request that paragraph (1) apply to that Indian land (or portion of Indian land). ``(c) Effect on Other Law.--Nothing in this section affects or alters any requirement-- ``(1) relating to prior consent under-- ``(A) section 2 of the Act of February 5, 1948 (25 U.S.C. 324); or ``(B) section 16(e) of the Act of June 18, 1934 (25 U.S.C. 476(e)) (commonly known as the `Indian Reorganization Act'); or ``(2) under any other Federal law (including regulations) relating to tribal consent for rights-of-way across Indian land.''. (b) Assessments.--Title XVIII of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1122) is amended by adding at the end the following: ``SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESSMENTS. ``(a) Definition of Gas Gathering Line and Associated Field Compression Unit.--In this section, the term `gas gathering line and associated field compression unit' has the meaning given the term in section 319. ``(b) Study.--Not later than 1 year after the date of enactment of the Natural Gas Gathering Enhancement Act, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall conduct a study to identify-- ``(1) any actions that may be taken, under Federal law (including regulations), to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and ``(2) any proposed changes to Federal law (including regulations) to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets. ``(c) Report.--Not later than 180 days after the date of enactment of the Natural Gas Gathering Enhancement Act, and every 180 days thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall submit to Congress a report that describes-- ``(1) the progress made in expediting permits for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and ``(2) any issues impeding that progress.''. (c) Technical Amendments.-- (1) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by adding at the end of subtitle B of title III the following: ``Sec. 319. Natural gas gathering lines located on Federal land and Indian land.''. (2) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by adding at the end of title XXVIII the following: ``Sec. 1841. Natural gas gathering system assessments.''. SEC. 5. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE MINERAL LEASING ACT. Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by adding at the end the following: ``(z) Natural Gas Gathering Lines.--The Secretary of the Interior or other appropriate agency head shall issue a sundry notice or right- of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on Federal lands-- ``(1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and ``(2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance.''. SEC. 6. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976. Section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) is amended by adding at the end the following: ``(k) Natural Gas Gathering Lines.--The Secretary concerned shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on public lands-- ``(1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and ``(2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance.''.

Natural Gas Gathering Enhancement Act - Authorizes the Secretary of the Interior to permit the use of rights of way for natural gas pipelines through public lands, forest, and other reservations of the United States, and specified national parks in California. Defines "gas gathering line and associated field compression unit" as: (1) a pipeline installed to transport natural gas production associated with one or more wells drilled and completed to produce crude oil; and (2) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. Excludes from such definition any pipeline or compression unit installed to transport natural gas from a processing plant to a common carrier pipeline or facility. Excludes from federal lands, for purposes of gas gathering line and associated field compression units, any unit of the National Park System, any unit of the National Wildlife Refuge System, or a component of the National Wilderness Preservation System. Deems the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit located on federal or Indian land and servicing an oil well to be an action categorically excluded for purposes of the National Environmental Policy Act of 1969 (NEPA), if the line and the compression unit: (1) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to NEPA analyzed transportation of natural gas produced from one or more oil wells in that field or unit as a reasonably foreseeable activity, and (2) are located adjacent to an existing disturbed area for the construction of a road or pad. (A "categorical exclusion" is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.) Declares this categorical exclusion inapplicable if the governor of the state in which the federal land is located requests in writing that it be waived. Applies the categorical exclusion to Indian land for which the Indian tribe with jurisdiction over the land requests in writing that it be applied. Amends the Energy Policy Act of 2005 to direct the Secretary to study permissible actions or proposed changes to federal law which would expedite permitting for gas gathering lines and associated field compression units on federal or Indian land to transport natural gas associated with crude oil production, on any land, to a processing plant or a common carrier pipeline for delivery to markets. Amends the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976 to direct the appropriate agency head to issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit located on federal or public lands: (1) within 30 days after receiving the request for a line and compression unit described in this Act, and (2) within 60 days after receiving a request for all other lines and compression units.

Natural Gas Gathering Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Yellowstone Reclamation Projects Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Intake irrigation district.--The term ``Intake Irrigation District'' means the Irrigation District by that name that is organized under the laws of the State of Montana and operates the Intake Project. (2) Intake project.--The term ``Intake Project'' means the Federal irrigation development operated by the Intake Irrigation District and authorized under the terms of the Act of August 11, 1939 (chapter 717; 53 Stat. 1418). (3) Irrigation districts.--The term ``Irrigation Districts'' means-- (A) the Intake Irrigation District; (B) the Lower Yellowstone Irrigation District No. 1; (C) the Lower Yellowstone Irrigation District No. 2; and (D) the Savage Irrigation District. (4) Lower yellowstone irrigation district no. 1.--The term ``Lower Yellowstone Irrigation District No. 1'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the part of the Lower Yellowstone Irrigation Project located in the State of Montana. (5) Lower yellowstone irrigation district no. 2.--The term ``Lower Yellowstone Irrigation District No. 2'' means the irrigation district by that name organized under the laws of the State of North Dakota and operates the part of the Lower Yellowstone Irrigation Project located in the State of North Dakota. (6) Lower yellowstone irrigation project.--The term ``Lower Yellowstone Irrigation Project'' means the Federal irrigation development operated by Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 and authorized by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388). (7) Memorandum of understanding.--The term ``Memorandum of Understanding'' means the memorandum of understanding dated November 16, 1999, and any subsequent replacements or amendments between the Districts and the Montana Area Office, Great Plains Region, Bureau of Reclamation, for the purpose of defining certain principles by which the title to the projects will be transferred from the United States to the districts. (8) Pick-sloan missouri basin program.--The term ``Pick- Sloan Missouri Basin Program'' means the comprehensive Federal program for multipurpose benefits within the Missouri River Basin including irrigation authorized by section 9 of the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (chapter 665; 58 Stat. 891). (9) Pick-sloan missouri basin program project use power.-- The term ``Pick-Sloan Missouri Basin Program Project Use Power'' means power available for establishing and maintaining the irrigation developments of the Pick-Sloan Missouri Basin Program. (10) Projects.--The term ``Projects'' means-- (A) the Lower Yellowstone Irrigation Project; (B) the Intake Project; and (C) the Savage Unit. (11) Savage irrigation district.--The term ``Savage Irrigation District'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the Savage Unit. (12) Savage unit.--The term ``Savage Unit'' means the Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal irrigation development authorized by the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (chapter 665; 58 Stat. 891). (13) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF PROJECTS. (a) Conveyances.-- (1) General.--The Secretary shall convey works, facilities, and lands of the Projects to the Irrigation Districts in accordance with all applicable laws and pursuant to the terms of the Memorandum of Understanding. (2) Lands.-- (A) General.--All lands, easements, and rights-of- way the United States possesses that are to be conveyed by the Secretary to the respective irrigation districts shall be conveyed by quitclaim deed. Conveyance of such lands, easements, and rights-of-way is subject to permits, licenses, leases, rights-of-use, or right-of- way of record outstanding in third parties on, over, or across such lands, easements, and rights-of-way. (B) Mineral rights.--Conveyance of all lands herein described shall be subject to a reservation by the United States reserving all minerals of a nature whatsoever, excluding sand and gravel, and subject to oil, gas, and other mineral rights heretofore reserved of record by or in favor of third parties. (3) Water rights.--The Secretary shall transfer to the respective Irrigation Districts in accordance with and subject to the law of the State of Montana, all natural flow, wastewater, seepage, return flow, domestic water, stock water, and groundwater rights held in part or wholly in the name of the United States that are used to serve the lands within the Irrigation Districts. (4) Costs.-- (A) Reclamation withdrawn lands.--The Irrigation Districts shall purchase Reclamation withdrawn lands as identified in the Memorandum of Understanding for their value in providing operation and maintenance benefits to the Irrigation Districts. (B) Savage unit repayment obligations.-- (i) Savage irrigation district.--As a condition of transfer, the Secretary shall receive an amount from the Savage Irrigation District equal to the present value of the remaining water supply repayment obligation of $60,480 that shall be treated as full payment under Contract Number I1r-1525, as amended and as extended by Contract No. 9-07-60-W0770. (ii) Pick-sloan missouri basin program construction obligation.--As a condition of transfer, the Secretary shall accept $94,727 as payment from the Pick-Sloan Missouri Basin Program (Eastern Division) power customers under the terms specified in this section, as consideration for the conveyance under this subsection. This payment shall be out of the receipts from the sale of power from the Pick- Sloan Missouri Basin Program (Eastern Division) collected by the Western Area Power Administration and deposited into the Reclamation fund of the Treasury in fiscal year 2003. This payment shall be treated as full and complete payment by the power customers of the construction aid-to-irrigation associated with the facilities of the Savage Unit. (b) Revocation of Reclamation Withdrawals and Orders.-- (1) The Reclamation withdrawal established by Public Land Order 4711 dated October 6, 1969, for the Lower Yellowstone Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59 E., is hereby revoked in its entirety. (2) The Secretarial Order of March 22, 1906, which was issued for irrigation works on lots 3 and 4 section 2, T. 23N., R. 59E., and Secretarial Order of August 8, 1905, which was issued for irrigation works in section 2, T. 17 N., R. 56 E. and section 6, T. 17 N., R. 57 E., are hereby revoked in their entirety. (3) The Secretarial Order of August 24, 1903, and July 27, 1908, which were issued in connection with the Lower Yellowstone Irrigation Project, are revoked insofar as they affect the following lands: (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 and 6 and 7 of Sec. 12, T.21N., R.58E.; SW\1/4\NW\1/4\ of Sec. 26, T.22N., R.58E; lots 1 and 4 and 7 and NW\1/ 4\SW\1/4\ of Sec. 20, T.22N., R.59E.; SE\1/4\NE\1/4\ of Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N., R.60E.; all in the Principal Meridian, Montana.- (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 and NE\1/4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N., R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in the Fifth Principal Meridian, North Dakota. SEC. 4. REPORT. If the conveyance under this Act has not occurred within 2 years after the date of the enactment of this Act, the Secretary shall submit to the Congress a status report. SEC. 5. RECREATION MANAGEMENT. As a condition of the conveyance of lands under section 3, the Secretary shall require that Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual conservation easement to the State of Montana, at no cost to the State, for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Lower Yellowstone Irrigation District No. 1, Lower Yellowstone Irrigation District No. 2, and the State of Montana have mutually agreed upon such conservation easement. SEC. 6. PROJECT PUMPING POWER. The Secretary shall sustain the irrigation developments established by the Lower Yellowstone and Intake Projects and the Savage Unit as components of the irrigation plan under the Pick-Sloan Missouri River Basin Program and shall continue to provide the Irrigation Districts with Pick-Sloan Missouri River Basin Project Use power at the Irrigation Districts' pumping plants, except that the rate shall be at the preference power rate and there shall be no ability-to-pay adjustment. SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION. (a) General.--As a condition of transfer, the Secretary, prior to the conveyances under section 3 and in cooperation with the Irrigation Districts, shall provide fish protection devices to prevent juvenile and adult fish from entering the Main Canal of the Lower Yellowstone Irrigation Project and allow bottom dwelling fish species to migrate above the Project's Intake Diversion Dam. (b) Participation.--The Secretary and the Irrigation District shall work cooperatively in planning, engineering, and constructing the fish protection devices. (c) Monitoring.--The Secretary, acting through the Commissioner of the Bureau of Reclamation and the Director of the United States Fish and Wildlife Service, shall establish and conduct a monitoring plan to measure the effectiveness of the devices for a minimum of 2 years after construction is completed. The Commissioner of the Bureau of Reclamation shall be responsible to modify the devices as necessary to ensure proper functioning. (d) Yellowstone River Fisheries Protection Devices Costs.--The cost incurred in planning, engineering, constructing, monitoring, and modifying all fish protection devices shall be deemed non-reimbursable. (e) Operation, Maintenance and Replacements.--Following completion of the construction period and the two-year monitoring period, the Districts shall operate, maintain, and replace the fisheries protection devices in a manner to ensure proper functioning. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to implement this section. SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS. Upon conveyance of the projects under this Act, the Irrigation Districts shall not be subject to the Reclamation laws or entitled to receive any Reclamation benefits under those laws except as provided in section 6. SEC. 9. LIABILITY. Effective on the date of conveyance of a project under this Act, the United States shall not be liable under any State or Federal law for damages of any kind arising out of any act, omission, or occurrence relating to the projects, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of this conveyance. Nothing in this section shall be considered to increase the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code, popularly known as the Federal Tort Act. SEC. 10. COMPLIANCE WITH LAWS. As a condition of the conveyances under section 3, the Secretary shall by no later than the date on which the conveyances occur complete appropriate analyses of the transfer in compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws.

Lower Yellowstone Reclamation Projects Conveyance Act - (Sec. 3) Directs the Secretary of the Interior to convey the works, facilities, and lands of the Lower Yellowstone Irrigation Project, the Intake Project, and the Savage Unit to the Lower Yellowstone Irrigation Districts One (Montana) and Two (North Dakota), the Intake Irrigation District (Montana), and the Savage Irrigation District (Montana), respectively, pursuant to the terms of the Memorandum of Understanding (the Memorandum) reached between the Districts and the Bureau of Reclamation on November 16, 1999.States that all lands, easements, and rights-of-way that are to be conveyed under this Act shall be conveyed by quitclaim deed. Subjects such conveyances to permits, licenses, and other arrangements outstanding in third parties on, over, or across such lands, easements, and rights-of-way. States that the United States shall retain the mineral rights on the lands being conveyed, subject to the mineral rights heretofore reserved by or in favor of third parties.Directs the Secretary to transfer to the respective Districts, in accordance with and subject to the law of the State of Montana, the water rights held in part or wholly in the name of the United States that are used to serve the lands within the Districts.Requires the Districts to buy Reclamation withdrawn lands as identified in the Memorandum for their value in providing operation and maintenance benefits.Requires the Secretary to accept from: (1) the Savage Irrigation District, as a condition of transfer, an amount equal to the present value of the remaining water supply repayment obligation of $60,480, which shall be treated as full payment of such District's share of the construction of the Savage Unit; and (2) the Pick Sloan Missouri Basin Program (Eastern Division) power customers, as a condition of transfer, an amount equal to $94,727, which shall be considered full payment for the construction aid-to-irrigation associated with the facilities of the Savage Unit.Revokes certain reclamation withdrawals and orders.(Sec. 4) Requires the Secretary to submit a status report to Congress if, two years after the enactment of this Act, the conveyance under this Act has not occurred.(Sec. 5) Directs the Secretary to require as a condition of conveyance that Yellowstone Irrigation Districts One and Two grant a perpetual conservation easement to the State of Montana (as agreed to by the parties), at no cost to the State, for the purposes of: (1) maintaining conservation values; and (2) permitting recreation on Federal lands in part to be conveyed under this Act.(Sec. 6) Provides for the continued supply by the Secretary to the Districts of Pick-Sloan Missouri River Basin Project Use pumping power service.(Sec. 7) Requires the Secretary to: (1) provide fish protection devices to prevent fish from entering the main canal of the Lower Yellowstone Irrigation Project and allow bottom dwelling fish species to migrate above the Project's Intake Diversion Dam; and (2) conduct a monitoring plan to measure the effectiveness of such devices for a minimum of two years. Directs that following the two-year monitoring period, the Districts shall assume responsibility for operating the fish protection devices.(Sec. 8) Declares that upon conveyance of the projects under this Act, the Districts shall not be subject to the Reclamation laws or entitled to Reclamation benefits under those laws except with regards to project pumping power.(Sec. 9) Exempts the United States from being held liable under any State or Federal law for damages relating to the projects, except for damages caused by acts of negligence by the United States or its employees, agents, or contractors prior to the date of this conveyance.(Sec. 10) Directs the Secretary, as a condition of the conveyances, to complete appropriate analyses of the transfer in compliance with applicable laws.

To convey the Lower Yellowstone Irrigation Project, the Savage Unit of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project to the pertinent irrigation districts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Stillbirth and SUID Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Every year, more than 25,000 women in the United States experience stillbirth. (2) Common diagnosable causes for stillbirth include genetic abnormalities, umbilical cord accidents, infections, and placental problems, however, more than half of all stillbirths remain unexplained. (3) A number of risk factors for stillbirth have been described in pregnant women such as maternal age, obesity, smoking, diabetes, hypertension, and previous stillbirth. (4) Good prenatal care, not smoking, and not drinking alcohol are helpful strategies for pregnant women to reduce the risk of stillbirth, however, researchers continue to perform studies into other effective modes of reducing the risk, including monitoring fetal activity or ``in utero'' movement starting at approximately 28 weeks. (5) Half of the more than 4,500 sudden, unexpected infant deaths (SUID) that occur each year in the United States are due to sudden infant death syndrome (SIDS), which is the leading cause of SUID and of all deaths among infants aged 1 to 12 months. (6) Sudden infant death syndrome is a diagnosis of exclusion and is only determined after all known causes are excluded by a thorough examination of the death scene, a review of the clinical history, and performance of an autopsy. However, some SUID are not investigated and, even when they are, cause-of-death data are not collected and reported consistently. (7) Inaccurate classification of cause and manner of death impedes prevention efforts and complicates our ability to understand risk factors related to these deaths. (8) Death certificate data cannot fully characterize the sudden, unexpected infant deaths nor identify potential risk factors amenable to prevention. SEC. 3. ENHANCING PUBLIC HEALTH ACTIVITIES RELATED TO STILLBIRTH. (a) In General.--Part B of title XI of the Public Health Service Act (42 U.S.C. 300c-12 et seq.) is amended by adding at the end the following: ``SEC. 1123. NATIONAL REGISTRY AND PUBLIC HEALTH PROGRAMS FOR STILLBIRTH. ``(a) Determination of Standard Stillbirth Definition and Protocol.-- ``(1) In general.--For purposes of this section, the Secretary shall provide for the development of-- ``(A) a standard definition of stillbirth; and ``(B) a standard protocol for stillbirth data collection and surveillance, including-- ``(i) enhancing the National Vital Statistics System for the reporting of stillbirths; and ``(ii) expanding active population-based surveillance efforts currently underway at the Centers for Disease Control and Prevention, including utilizing the infrastructure of existing birth defects surveillance registries to collect thorough and complete epidemiologic information on stillbirths. ``(2) Consultation.--The Secretary shall ensure that the standard definition and protocol described in paragraph (1) are developed in a manner that ensures the consultation of representatives of health and advocacy organizations, State and local governments, and other interested entities specified by the Secretary. ``(b) Establishment.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health, and in consultation with national health organizations and professional societies with expertise relating to reducing stillbirths and infant mortality, shall establish-- ``(1) a national registry that can facilitate the understanding of root causes, rates, and trends of stillbirth; and ``(2) public education and prevention programs aimed at reducing the occurrence of stillbirth. ``(c) National Registry.--The national registry established under subsection (b)(1) shall facilitate the collection, analysis, and dissemination of data by-- ``(1) implementing a surveillance and monitoring system based on the protocols developed in subsection (a)(1)(B); ``(2) developing standardized protocols for thorough and complete investigation of stillbirth, including protocols for autopsy and pathological examinations of the fetus and placenta, and other postmortem tests for surveillance of stillbirth; ``(3) identifying trends, potential risk factors for further study, and methods for the evaluation of prevention efforts; and ``(4) supporting efforts in collection of vital records, active case finding, linkage studies, and other epidemiologic efforts to identify potential risk factors and prevention opportunities. ``(d) Public Education and Prevention Programs.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall directly or through grants, cooperative agreements, or contracts to eligible entities, develop and conduct public education and prevention programs established under subsection (b)(2), including-- ``(1) public education programs, services, and demonstrations which are designed to increase general awareness of stillbirths; and ``(2) the development of tools for the education of health professionals and pregnant women about the early-warning signs of stillbirth, which may include monitoring of fetal movement or baby in-utero. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2013.''. (b) Conforming Amendment.--The heading of part B of title XI of the Public Health Service Act (42 U.S.C. 300c-12 et seq.) is amended by adding at the end the following: ``and stillbirth''. SEC. 4. ENHANCING PUBLIC HEALTH ACTIVITIES RELATED TO SUDDEN UNEXPECTED INFANT DEATH. (a) In General.--Part B of title XI of the Public Health Service Act (42 U.S.C. 300c-12 et seq.), as amended by section 3, is further amended by adding at the end the following: ``SEC. 1124. NATIONAL REGISTRY FOR SUDDEN UNEXPECTED INFANT DEATHS. ``(a) Definition.--In this section, the term `sudden, unexpected infant deaths' (referred to in this section as `SUID') means infant deaths that have no obvious cause of death, are not the result of a chronic disease or known illness, are unexpected, and not explainable without a more careful examination. These deaths may include deaths due to suffocation, poisoning, injuries, falls, sudden infant death syndrome, or previously unrecognized illness or disorder. ``(b) Establishment.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health, and in consultation with national health organizations and professional societies with experience and expertise relating to reducing SUID, shall establish a population-based SUID case registry that can facilitate the understanding of the root causes, rates, and trends of SUID. ``(c) National Registry.--The national registry established under subsection (b) shall facilitate the collection, analysis, and dissemination of data by-- ``(1) implementing a surveillance and monitoring system based on thorough and complete death scene investigation data, clinical history, and autopsy findings; ``(2) collecting standardized information about the environmental, medical, social, and genetic circumstances that may correlate with infant deaths (including sleep environment and the quality of the death scene investigation) from the SUID Initiative Reporting Form or equivalent, as well as other law enforcement, medical examiner, coroner, emergency medical services (EMS), and medical records; ``(3) promoting the use of Centers for Disease Control and Prevention standardized SUID death investigation and reporting tools as well as standardized autopsy protocols; ``(4) establishing a standardized classification system for defining subcategories of SIDS and SUID for surveillance and prevention research activities; ``(5) supporting multidisciplinary infant death reviews such as those performed by child death review committees and fetal infant mortality committees to collect and review the standardized information and accurately and consistently classify and characterize SUID; and ``(6) improving public reporting of surveillance and descriptive epidemiology of SUID by supplementing vital statistics data. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for fiscal year 2009 and such sums as necessary for each of fiscal years 2010 through 2013.''. (b) Conforming Amendment.--The heading of part B of title XI of the Public Health Service Act (42 U.S.C. 300c-12 et seq.), as amended by section 3, is further amended by adding at the end the following: ``, and sudden unexpected infant death''.

Preventing Stillbirth and SUID Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to develop: (1) a standard definition of stillbirth; and (2) a standard protocol for stillbirth data collection and surveillance, including enhancing the National Vital Statistics System for the reporting of stillbirths. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), the Director of the Centers for Disease Control and Prevention (CDC), and the Director of the National Institutes of Health (NIH), to establish: (1) a national registry that can facilitate the understanding of root causes, rates, and trends of stillbirth; (2) public education and prevention programs aimed at reducing the occurrence of stillbirth; and (3) a population-based sudden, unexpected infant deaths (SUID) case registry that can facilitate the understanding of the root causes, rates, and trends of SUID.

A bill to amend the Public Health Service Act to enhance public health activities related to stillbirth and sudden unexpected infant death.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean and Green Renewable Energy Tax Credit Act of 2007''. SEC. 2. EXTENSION AND MODIFICATION OF INVESTMENT TAX CREDIT WITH RESPECT TO SOLAR ENERGY PROPERTY AND QUALIFIED FUEL CELL PROPERTY. (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking ``2009'' and inserting ``2031''. (b) Eligible Fuel Cell Property.--Paragraph (1)(E) of section 48(c) of such Code is amended by striking ``2008'' and inserting ``2030''. (c) Modification of Energy Percentage.-- (1) In general.--Clause (i) of section 48(a)(2)(A) of such Code is amended by striking ``30 percent'' and inserting ``the applicable percentage''. (2) Applicable percentage.--Paragraph (2) of section 48(a) of such Code is amended by adding at the end the following new subparagraph: ``(C) Applicable percentage.--For purposes of this paragraph, the term `applicable percentage' means-- ``(i) 30 percent in the case of any taxable year beginning after December 31, 2006, and before January 1, 2016, ``(ii) 25 percent in the case of any taxable year beginning after December 31, 2015, and before January 1, 2022, and ``(iii) 20 percent in the case of any taxable year beginning after December 31, 2021.''. (d) Energy Property To Include Excess Energy Storage Device.-- Clause (i) of section 48(a)(3)(A) of such Code is amended to read as follows: ``(i) equipment which uses solar energy to generate electricity, to heat or cool (or provide hot water for use in) a structure, or to provide solar process heat, or advanced energy storage systems installed as an integrated component of the foregoing, excepting property used to generate energy for purposes of heating a swimming pool,''. (e) Solar Lighting Equipment To Include Solar Hybrid Lighting Systems.--Clause (ii) of section 48(a)(3)(A) of such Code is amended to read as follows: ``(ii) equipment which uses solar energy to illuminate the inside of a structure using fiber-optic distributed sunlight but only with respect to periods ending before January 1, 2031,''. (f) Modifications.-- (1) Solar photovoltaic energy property credit determined solely by kilowatt capacity.-- (A) In general.--Subsection (a) of section 48 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rule for energy credit for solar photovoltaic energy property.-- ``(A) In general.--For purposes of section 46, the energy credit for any taxable year for solar photovoltaic energy property described in paragraph (3)(A)(i) which is used to generate electricity and which is placed in service during the taxable year is $1,500 with respect to each half kilowatt of capacity of such property. Paragraph (2)(A)(ii) shall not apply to property to which the preceding sentence applies. ``(B) Application of special rules for rehabilitated or subsidized property.--Rules similar to the rules of paragraphs (2)(B) and (5) shall apply to property to which this paragraph applies.''. (B) Conforming amendment.--Subclause (II) of section 48(a)(2)(A)(i) of such Code is amended by striking ``described in paragraph (3)(A)(i)'' and inserting ``which is described in paragraph (3)(A)(i) and to which paragraph (4) does not apply''. (g) Credit Allowed Against the Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code (defining specified credits) is amended by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) the portion of the investment credit which is attributable to the energy credit determined under section 48.''. (h) Effective Dates.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2006. SEC. 3. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2009'' and inserting ``2016''. (b) Solar Electric Property.--Paragraph (1) of section 25D(a) of such Code (relating to allowance of credit) is amended by striking ``30 percent of''. (c) Modification of Maximum Credit.--Subparagraph (A) of section 25D(b)(1) of such Code is amended to read as follows: ``(A) $1,500 with respect to each half kilowatt of installed capacity of property described in subsection (d)(2) for which qualified solar electric property expenditures are made,''. (d) Definition of Qualified Solar Water Heating Property Expenditure.--Paragraph (1) of section 25D(d) of such Code is amended by striking ``to heat water for use in'' and inserting ``to heat or cool (or provide hot water for use in)''. (e) Definition of Qualified Photovoltaic Property Expenditure.-- Paragraph (2) of section 25D(d) of such Code is amended by inserting ``, including advanced energy storage systems installed as an integrated component of the foregoing'' after ``taxpayer''. (f) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Section 25D(b) of such Code (as amended by subsection (b)) is amended by adding at the end the following new paragraph: ``(3) Credit allowed against alternative minimum tax.--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 subpart A of part IV of subchapter A (other than this section) and section 27 for the taxable year.''. (2) Conforming amendments.-- (A) Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(3) 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) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D'' after ``this section''. (C) Section 24(b)(3)(B) of such Code is amended by striking ``sections 23 and 25B'' and inserting ``sections 23, 25B, and 25D''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (g) Effective Date.--The amendments made by this section shall apply to expenditures made in taxable years beginning after December 31, 2006. SEC. 4. 3-YEAR ACCELERATED DEPRECIATION PERIOD FOR SOLAR ENERGY PROPERTY AND FUEL CELL PROPERTY. (a) In General.--Subparagraph (A) of section 168(e)(3) 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 a comma, and by inserting after clause (iii) the following new clause: ``(iv) any property which is described in clause (i) or (ii) of section 48(a)(3)(A) (or would be so described if the last sentence of such section did not apply to such clause), and ``(v) any property which is described in clause (iv) of section 48(a)(3)(A).''. (b) Conforming Amendment.--Section 168(e)(3)(B)(vi)(I) of such Code is amended to read as follows: ``(I) would be described in subparagraph (A) of section 48(a)(3) if `wind energy' were substituted for `solar energy' in clause (i) thereof and the last sentence of such section did not apply to such subparagraph,''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2006. SEC. 5. 5-YEAR EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``2009'' each place it appears and inserting ``2014''. SEC. 6. INVESTMENT CREDIT FOR SMALL WIND SYSTEMS. (a) Energy Credit for Businesses.-- (1) In general.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (relating to energy property) is amended by striking ``or'' at the end of clause (iii), by inserting ``or'' at the end of clause (iv), and by adding at the end the following new clause: ``(v) equipment which uses wind to generate electricity if such equipment is rated at 100 kW or less,''. (2) 30 percent credit.--Clause (i) of section 48(a)(2)(A) of such Code is amended by striking ``and'' at the end of subclause (II) and by inserting after subclause (III) the following new subclause: ``(IV) energy property described in paragraph (3)(A)(v), and''. (b) Residential Energy Efficient Property Credit for Individuals.-- (1) In general.--Subsection (a) of section 25D of such Code 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 small wind system expenditures made by the taxpayer during the taxable year.''. (2) Maximum credit.--Paragraph (1) of section 25D(b) of such Code 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) $1,500 with respect to each half kilowatt of installed capacity of equipment described in subsection (d)(4) for which qualified small wind system expenditures are made,''. (3) Qualified small wind system expenditures.--Subsection (d) of section 25D of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified small wind system expenditures.--The term `qualified small wind system expenditures' means an expenditure for equipment which uses wind to generate electricity for use in a dwelling unit located in the United States and used as a residence by the taxpayers if such equipment is rated at 100 kW or less.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2006. SEC. 7. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. Subsection (g) of section 25C of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''.

Clean and Green Renewable Energy Tax Credit Act of 2007 - Amends the Internal Revenue Code to: (1) extend through 2030 the tax credits for investment in solar energy and qualified fuel cell property; (2) modify the percentage rate for the energy tax credit; (3) extend through 2016 the tax credit for residential energy efficient property expenditures; (4) allow accelerated depreciation of solar energy and fuel cell property; (5) extend through 2013 the tax credit for electricity produced from certain renewable resources; (6) allow an energy tax credit and a residential energy efficient property tax credit for certain equipment which uses wind to generate energy; and (7) extend through 2009 the tax credit for nonbusiness energy property expenditures.

To amend the Internal Revenue Code of 1986 to provide and extend tax incentives for renewable energy and conservation.

SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL FOREST, CALIFORNIA. (a) Conveyance Required.--Subject to valid existing rights and settlement of claims as provided in this section, the Secretary of Agriculture shall convey to KATY 101.3 FM (in this section referred to as ``KATY'') all right, title and interest of the United States in and to a parcel of real property consisting of approximately 1.06 acres within the San Bernardino National Forest in Riverside County, California, generally located in the north \1/2\ of section 23, township 5 south, range 2 east, San Bernardino meridian. (b) Legal Description.--The Secretary and KATY shall, by mutual agreement, prepare the legal description of the parcel of real property to be conveyed under subsection (a), which is generally depicted as Exhibit A-2 in an appraisal report of the subject parcel dated August 26, 1999, by Paul H. Meiling. (c) Consideration.--Consideration for the conveyance under subsection (a) shall be equal to the appraised fair market value of the parcel of real property to be conveyed. Any appraisal to determine the fair market value of the parcel shall be prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisition and approved by the Secretary. (d) Settlement.--In addition to the consideration referred to in subsection (c), upon the receipt of $16,600 paid by KATY to the Secretary, the Secretary shall release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. (e) Access Requirements.--Notwithstanding section 1323(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or any other law, the Secretary is not required to provide access over National Forest System lands to the parcel of real property to be conveyed under subsection (a). (f) Administrative Costs.--Any costs associated with the creation of a subdivided parcel, recordation of a survey, zoning, and planning approval, and similar expenses with respect to the conveyance under this section, shall be borne by KATY. (g) Assumption of Liability.--By acceptance of the conveyance of the parcel of real property referred to in subsection (a), KATY, and its successors and assigns will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (also known as ``GTE'') KATY, and any third party that is associated with the parcel, including liability for any buildings or personal property on the parcel belonging to GTE and any other third parties. (h) Treatment of Receipts.--All funds received pursuant to this section shall be deposited in the fund established under Public Law 90- 171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds shall remain available to the Secretary, until expended, for the acquisition of lands, waters, and interests in land for the inclusion in the San Bernardino National Forest. (i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter 438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat. 227), is further amended-- (1) by striking the comma after the words ``Secretary of Agriculture''; (2) by striking the words ``with the approval of the National Forest Reservation Commission established by section 4 of the Act of March 1, 1911 (16 U.S.C. 513),''; (3) by inserting the words ``, real property or interests in lands,'' after the word ``lands'' the first time it is used; (4) by striking ``San Bernardino and Cleveland'' and inserting ``counties of San Bernardino, Cleveland and Los Angeles''; (5) by striking ``county of Riverside'' each place it appears and inserting ``counties of Riverside and San Bernardino''; (6) by striking ``as to minimize soil erosion and flood damage'' and inserting ``for National Forest System purposes''; and (7) after the ``Provided further, That'', by striking the remainder of the sentence to the end of the paragraph, and inserting ``twelve and one-half percent of the monies otherwise payable to the State of California for the benefit of San Bernardino County under the aforementioned Act of March 1, 1911 (16 U.S.C. 500) shall be available to be appropriated for expenditure in furtherance of this Act. Passed the Senate October 5 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2111 _______________________________________________________________________ AN ACT To direct the Secretary of Agriculture to convey for fair market value 1.06 acres of land in the San Bernardino National Forest, California, to KATY 101.3 FM, a California corporation.

Requires the Secretary, upon the receipt of a specified payment by KATY to the Secretary, to release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. Declares that by acceptance of such conveyance, KATY and its successors and assigns, will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest. Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests in California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act.

A bill to direct the Secretary of Agriculture to convey for fair market value 1.06 acres of land in the San Bernardino National Forest, California, to KATY 101.3 FM, a California corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Conservation Reauthorization Amendments Act of 2010''. SEC. 2. AMENDMENT AND REAUTHORIZATION OF GREAT APE CONSERVATION ACT. The Great Ape Conservation Act of 2000 is amended as follows: (1) Multiyear grants.--In section 4 (16 U.S.C. 6303), by adding at the end the following new subsections: ``(j) Multiyear Grants.-- ``(1) In general.--The Secretary may award a multiyear grant under this section to a person who is otherwise eligible for a grant under this section, to carry out a project that the person demonstrates is an effective, long-term conservation strategy for great apes and their habitats. ``(2) Annual grants not affected.--This subsection shall not be construed as precluding the Secretary from awarding grants on an annual basis. ``(k) Excellence in Great Ape Conservation Awards.-- ``(1) In general.--The Secretary, subject to the availability of appropriations, may implement a program to acknowledge outstanding achievement in great ape conservation, to enhance great ape conservation and to demonstrate the indebtedness of the entire world to the commitment made by individuals and local communities to protect and conserve populations of great apes. ``(2) Awards.--Under the program, the Secretary may use amounts appropriated under this subsection to make appropriate awards, including-- ``(A) cash awards, each of which shall not exceed $7,500; ``(B) noncash awards; ``(C) posthumous awards; and ``(D) public ceremonies to acknowledge such awards. ``(3) Selection of award recipients.--The Secretary may select each year for receipt of an award under the program-- ``(A) no more than three individuals whose contributions to the field of great ape conservation have had a significant and material impact on the conservation of great apes; and ``(B) individuals selected from within great ape range states, whose contributions represent selfless sacrifice and uncommon valor and dedication to the conservation of great apes and their habitats. ``(4) Nomination guidelines.--Not later than 180 days after the date of enactment of this subsection, and after consultation with the heads of other relevant Federal agencies and other governmental and nongovernmental organizations with expertise in great ape conservation, the Secretary shall publish in the Federal Register guidelines specifying the details and process for nominating award candidates. Such guidelines shall allow for nominations of both citizens and noncitizens of the United States.''. (2) Panel of experts.--In section 4(i) (16 U.S.C. 6303(i))-- (A) in paragraph (1), by-- (i) striking ``Every 2 years'' and inserting ``Within one year after the date of the enactment of the Great Ape Conservation Reauthorization Amendments Act of 2010, and every 5 years thereafter''; (ii) striking ``may convene'' and inserting ``shall convene''; (iii) inserting ``and priorities'' after ``needs''; and (iv) adding at the end the following new sentence: ``The panel shall, to the extent practicable, include representatives from foreign range states with expertise in great ape conservation.''; and (B) by redesignating paragraph (2) as paragraph (4), and inserting after paragraph (1) the following new paragraphs: ``(2) In identifying conservation needs and priorities under paragraph (1), the panel shall consider relevant great ape conservation plans or strategies including scientific research and findings related to-- ``(A) the conservation needs and priorities of great apes; ``(B) regional or species-specific action plans or strategies; ``(C) applicable strategies developed or initiated by the Secretary; and ``(D) any other applicable conservation plan or strategy. ``(3) The Secretary, subject to the availability of appropriations, may pay expenses of convening and facilitating meetings of the panel.''. (3) Administrative expenses limitation.--In section 5(b)(2) (16 U.S.C. 6304 (b)(2)), by striking ``$100,000'' and inserting ``$150,000''. (4) Authorization of appropriations.--By amending section 6 (16 U.S.C. 6305) to read as follows: ``SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Fund to carry out this Act-- ``(1) $5,500,000 for fiscal year 2011; ``(2) $6,000,000 for fiscal year 2012; ``(3) $6,500,000 for fiscal year 2013; ``(4) $7,000,000 for fiscal year 2014; and ``(5) $7,500,000 for fiscal year 2015.''.

Great Ape Conservation Reauthorization Amendments Act of 2010 - Amends the Great Ape Conservation Act of 2000 to authorize the Secretary of the Interior to award a multiyear grant to an eligible person to implement a great ape conservation project that the person demonstrates is an effective, long-term conservation strategy for great apes and their habitats. Authorizes the Secretary to implement a program of awards to acknowledge outstanding achievement in great ape conservation, to enhance great ape conservation, and to demonstrate the indebtedness of the world to the commitment made by individuals and local communities to protect and conserve populations of great apes. Requires the Secretary to convene a panel of experts to identify the greatest needs and priorities for the conservation of great apes within a year of this Act's enactment and every five years thereafter (current law authorizes the Secretary to convene a panel to consider the greatest conservation needs every two years). Requires the panel to include representatives from foreign range states with expertise in great ape conservation and to consider relevant great ape conservation plans or strategies, including scientific research and findings related to: (1) conservation needs and priorities of great apes; (2) regional or species-specific action plans or strategies; (3) applicable strategies developed or initiated by the Secretary; and (4) any other applicable conservation plan or strategy. Authorizes the Secretary to pay expenses of convening and facilitating meetings of the panel. Authorizes appropriations for the Great Ape Conservation Fund for FY2011-FY2015.

To reauthorize the Great Ape Conservation Act, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``America's Small Business Tax Relief Act of 2012''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. Sec. 2. 100-Percent exclusion of gain on certain small business stock made permanent. Sec. 3. 5-Year carryback of general business credits of eligible small businesses made permanent. Sec. 4. Alternative minimum tax rules for general business credits of eligible small businesses made permanent. Sec. 5. Reduction in recognition period for built-in gains tax made permanent. Sec. 6. Increased expensing limitations and treatment of certain real property as section 179 property made permanent. Sec. 7. Special rule for long-term contract accounting made permanent. Sec. 8. Increase of amount allowed as a deduction for start-up expenditures made permanent. Sec. 9. Allowance of deduction for health insurance in computing self- employment taxes made permanent. SEC. 2. 100-PERCENT EXCLUSION OF GAIN ON CERTAIN SMALL BUSINESS STOCK MADE PERMANENT. (a) In General.--Paragraph (4) of section 1202(a) is amended-- (1) by striking ``after the date of the enactment of the Creating Small Business Jobs Act of 2010 and before January 1, 2012'' and inserting ``after September 27, 2010'', and (2) by striking ``during certain periods in 2010 and 2011'' and inserting ``after september 27, 2010'' in the heading thereof. (b) Effective Date.--The amendments made by this section shall apply to stock acquired after December 31, 2011. SEC. 3. 5-YEAR CARRYBACK OF GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES MADE PERMANENT. (a) In General.--Subparagraph (A) of section 39(a)(4) is amended by striking ``determined in the first taxable year of the taxpayer beginning in 2010''. (b) Effective Date.--The amendment made by this section shall apply to credits determined in taxable years beginning after December 31, 2011. SEC. 4. ALTERNATIVE MINIMUM TAX RULES FOR GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES MADE PERMANENT. (a) In General.--Paragraph (5) of section 38(c) is amended-- (1) by striking ``determined in taxable years beginning in 2010'' in subparagraph (A), and (2) by striking ``in 2010'' in the heading of such paragraph. (b) Effective Date.--The amendments made by this section shall apply to credits determined in taxable years beginning after December 31, 2011, and to carrybacks of such credits. SEC. 5. REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS TAX MADE PERMANENT. (a) In General.--Subparagraph (A) of section 1374(d)(7) is amended by striking ``10-year period'' and inserting ``5-year period''. (b) Conforming Amendments.-- (1) Paragraph (7) of section 1374(d) is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (2) Subparagraph (B) of section 1374(d), as redesignated by paragraph (1), is amended by striking ``section 953(e)--'' and all that follows and inserting ``section 953(e), subparagraph (A) shall be applied without regard to the phrase `5-year'.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 6. INCREASED EXPENSING LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY MADE PERMANENT. (a) In General.--Subsection (b) of section 179 is amended-- (1) by striking ``shall not exceed--'' and all that follows in paragraph (1) and inserting ``shall not exceed $500,000.'', (2) by striking ``exceeds--'' and all that follows in paragraph (2) and inserting ``exceeds $2,000,000.'', and (3) by striking paragraph (6). (b) Computer Software.--Clause (ii) of section 179(d)(1)(A) is amended by striking ``and which is placed in service in a taxable year beginning after 2002 and before 2013,''. (c) Election.--Paragraph (2) of section 179(c) is amended to read as follows: ``(2) Revocation of election.--Any election made under this section, and any specification contained in any such election, may be revoked by the taxpayer with respect to any property, and such revocation, once made, shall be irrevocable.''. (d) Special Rules for Treatment of Qualified Real Property.-- Paragraph (1) of section 179(f) is amended by striking ``beginning in 2010 or 2011''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 7. SPECIAL RULE FOR LONG-TERM CONTRACT ACCOUNTING MADE PERMANENT. (a) In General.--Subparagraph (B) of section 460(c)(6) is amended by striking ``which--'' and all that follows and inserting ``which has a recovery period of 7 years or less.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2011. SEC. 8. INCREASE OF AMOUNT ALLOWED AS A DEDUCTION FOR START-UP EXPENDITURES MADE PERMANENT. (a) In General.--Clause (ii) of section 195(b)(1)(A) is amended-- (1) by striking ``$5,000'' and inserting ``$10,000'', and (2) by striking ``$50,000'' and inserting ``$60,000''. (b) Conforming Amendment.--Subsection (b) of section 195 is amended by striking paragraph (3). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 9. ALLOWANCE OF DEDUCTION FOR HEALTH INSURANCE IN COMPUTING SELF- EMPLOYMENT TAXES MADE PERMANENT. (a) In General.--Paragraph (4) of section 162(l) is amended by striking ``, or after December 31, 2010''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011.

America's Small Business Tax Relief Act of 2012 - Amends the Internal Revenue Code to make permanent: (1) the 100% exclusion from gross income of gain from the sale of certain small business stock, (2) carrybacks and alternative minimum tax rules relating to small business tax credits, (3) the reduction in the recognition period for the built-in gains from the sale of S corporation stock, (4) the increased limitation for the expensing of depreciable business assets, (5) the use of the percentage of completion accounting method for long-term contracts, (6) the increased tax deduction for business start-up expenditures, and (7) the allowance of a deduction for health insurance premiums in computing net earnings from self-employment income.

To amend the Internal Revenue Code of 1986 to provide tax relief for small businesses, and for other purposes.

SECTION 1. PRODUCT CARBON DISCLOSURE PROGRAM. (a) EPA Study.--The Administrator of the Environmental Protection Agency shall conduct a study to determine the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content, and shall, not later than 18 months after the date of enactment of this Act, transmit a report to Congress which shall include the following: (1) A determination of whether a national product carbon disclosure program and labeling program would be effective in achieving the intended goals of achieving greenhouse gas reductions and an examination of existing programs globally and their strengths and weaknesses. (2) Criteria for identifying and prioritizing sectors and products and processes that should be covered in such program or programs. (3) An identification of products, processes, or sectors whose inclusion could have a substantial carbon impact (prioritizing industrial products such as iron and steel, aluminum, cement, chemicals, and paper products, and also including food, beverage, hygiene, cleaning, household cleaners, construction, metals, clothing, semiconductor, and consumer electronics). (4) Suggested methodology and protocols for measuring the carbon content of the products across the entire carbon lifecycle of such products for use in a carbon disclosure program and labeling program. (5) A review of existing greenhouse gas product accounting standards, methodologies, and practices including the Greenhouse Gas Protocol, ISO 14040/44, ISO 14067, and Publically Available Specification 2050, and including a review of the strengths and weaknesses of each. (6) A survey of secondary databases including the Manufacturing Energy Consumption Survey and evaluate the quality of data for use in a product carbon disclosure program and product carbon labeling program and an identification of gaps in the data relative to the potential purposes of a national product carbon disclosure program and product carbon labeling program and development of recommendations for addressing these data gaps. (7) An assessment of the utility of comparing products and the appropriateness of product carbon standards. (8) An evaluation of the information needed on a label for clear and accurate communication, including what pieces of quantitative and qualitative information needs to be disclosed. (9) An evaluation of the appropriate boundaries of the carbon lifecycle analysis for different sectors and products. (10) An analysis of whether default values should be developed for products whose producer does not participate in the program or does not have data to support a disclosure or label and determine best ways to develop such default values. (11) A recommendation of certification and verification options necessary to assure the quality of the information and avoid greenwashing or the use of insubstantial or meaningless environmental claims to promote a product. (12) An assessment of options for educating consumers about product carbon content and the product carbon disclosure program and product carbon labeling program. (13) An analysis of the costs and timelines associated with establishing a national product carbon disclosure program and product carbon labeling program, including options for a phased approach. Costs should include those for businesses associated with the measurement of carbon footprints and those associated with creating a product carbon label and managing and operating a product carbon labeling program, and options for minimizing these costs. (14) An evaluation of incentives (such as financial incentives, brand reputation, and brand loyalty) to determine whether reductions in emissions can be accelerated through encouraging more efficient manufacturing or by encouraging preferences for lower-emissions products to substitute for higher-emissions products whose level of performance is no better. (b) Development of National Carbon Disclosure Program.--Upon conclusion of the study, and not more than 36 months after the date of enactment of this Act, the Administrator shall establish a national product carbon disclosure program, participation in which shall be voluntary, and which may involve a product carbon label with broad applicability to the wholesale and consumer markets to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption (carbon dioxide equivalent emissions) nationwide. In developing such a program, the Administrator shall-- (1) consider the results of the study conducted under subsection (a); (2) consider existing and planned programs and proposals and measurement standards (including the Publicly Available Specification 2050, standards to be developed by the World Resource Institute/World Business Council for Sustainable Development, the International Standards Organization, and the bill AB19 pending in the California legislature); (3) consider the compatibility of a national product carbon disclosure program with existing programs; (4) utilize incentives and other means to spur the adoption of product carbon disclosure and product carbon labeling; (5) develop protocols and parameters for a product carbon disclosure program, including a methodology and formula for assessing, verifying, and potentially labeling a product's greenhouse gas content, and for data quality requirements to allow for product comparison; (6) create a means to-- (A) document best practices; (B) ensure clarity and consistency; (C) work with suppliers, manufacturers, and retailers to encourage participation; (D) ensure that protocols are consistent and comparable across like products; and (E) evaluate the effectiveness of the program; (7) make publicly available information on product carbon content to ensure transparency; (8) provide for public outreach, including a consumer education program to increase awareness; (9) develop training and education programs to help businesses learn how to measure and communicate their carbon footprint and easy tools and templates for businesses to use to reduce cost and time to measure their products' carbon lifecycle; (10) consult with the Secretary of Energy, the Secretary of Commerce, the Federal Trade Commission, and other Federal agencies, as necessary; (11) gather input from stakeholders through consultations, public workshops or hearings with representatives of consumer product manufacturers, consumer groups, and environmental groups; (12) utilize systems for verification and product certification that will ensure that claims manufacturers make about their products are valid; (13) create a process for reviewing the accuracy of product carbon label information and protecting the product carbon label in the case of a change in the product's energy source, supply chain, ingredients, or other factors, and specify the frequency to which data should be updated; and (14) develop a standardized, easily understandable carbon label, if appropriate, and create a process for responding to inaccuracies and misuses of such a label. (c) Report to Congress.--Not later than 5 years after the program is established pursuant to subsection (b), the Administrator shall report to Congress on the effectiveness and impact of the program, the level of voluntary participation, and any recommendations for additional measures. (d) Definitions.--As used in this Act-- (1) the term ``carbon content'' means the amount of greenhouse gas emissions and their warming impact on the atmosphere expressed in carbon dioxide equivalent associated with a product's value chain; (2) the term ``carbon footprint'' means the level of greenhouse gas emissions produced by a particular activity, service, or entity; and (3) the term ``carbon lifecycle'' means the greenhouse gas emissions that are released as part of the processes of creating, producing, processing or manufacturing, modifying, transporting, distributing, storing, using, recycling, or disposing of goods and services. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator $5,000,000 for the study required by subsection (a) and $25,000,000 for each of fiscal years 2010 through 2025 for the program required under subsection (b).

Directs the Administrator of the Environmental Protection Agency (EPA) to study and report to Congress on the feasibility of establishing a national program for measuring, reporting, publicly disclosing, and labeling products or materials sold in the United States for their carbon content, including regarding: (1) whether such a program would be effective in achieving greenhouse gas reductions; (2) criteria for identifying and prioritizing sectors, products, and processes that should be covered; (3) an identification of products, processes, or sectors whose inclusion could have a substantial carbon impact; (4) suggested methodology and protocols for measuring the carbon content of products across their entire carbon lifecycle; (5) options for educating consumers about product carbon content and the program; (6) an analysis of the associated costs and timelines; and (7) an evaluation of incentives to determine whether reductions in emissions can be accelerated through encouraging more efficient manufacturing or by encouraging preferences for lower-emissions products over higher-emissions products whose level of performance is no better. Requires the Administrator, upon concluding the study, to establish a national product carbon disclosure program, participation in which shall be voluntary and which may involve a product carbon label with broad applicability to the wholesale and consumer markets to enable and encourage knowledge about carbon content by producers and consumers and to inform efforts to reduce energy consumption nationwide.

To direct the Environmental Protection Agency to establish a product carbon disclosure program to facilitate carbon content labeling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assuring Quality Outcomes in Higher Education Act of 2015''. SEC. 2. DATA ANALYSIS REQUIREMENT FOR USE OF INCOME- OR EMPLOYMENT- BASED METRICS FOR MEASURING QUALITY IN HIGHER EDUCATION. (a) In General.--During the period specified in subsection (c), the Secretary of Education shall not issue or otherwise implement any final rule with respect to any proposed regulation or other performance framework that utilizes any income- or employment-based metric or data, including any such regulation or framework relating to college ratings, teacher preparation, or gainful employment, or implement or enforce any existing regulation or performance framework that utilizes any such metric, until 90 days after-- (1) the Secretary of Education conducts and makes publicly available a complete data analysis required under subsection (b) with respect to such regulation or performance framework; and (2) the Comptroller General of the United States makes publicly available a report that reviews such data analysis for data accuracy and completeness. (b) Data Analysis.--The data analysis required under this subsection with respect to a regulation or performance framework shall-- (1) analyze the impact of the income- or employment-based outcome metrics utilized under the regulation or performance framework (including any substantial employment thresholds and measures of short-term earnings, long-term earnings, and debt- to-earnings) on all postsecondary education programs and students at all categories of institutions of higher education that participate in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), including-- (A) the impact on, and educational alternatives for, students who-- (i) receive Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); (ii) are minority students; (iii) are older than age 24; (iv) are veterans; (v) are independent students; and (vi) are dependent students; (B) for each of the impacted student groups described in subparagraph (A), the extent to which students impacted by the income- or employment-based outcome metric would abandon pursuit of any educational alternative; (C) the impact on, and educational alternatives for, students who will be displaced from their postsecondary education program as a result of the proposed use of the income- or employment-based outcome metric, including-- (i) the ability of educational alternatives to add capacity to absorb additional displaced students; (ii) the required additional Federal and State subsidies required to provide such additional capacity; and (iii) the number of displaced students who would abandon pursuit of any educational alternative; and (D) the impact on economic sectors-- (i) with known elements of public or government service, such as social work and Federal, State, and local public or government service; and (ii) with projected workforce skills gaps, such as manufacturing, healthcare, and education; (2) analyze the degree of correlation between variables other than quality of education that could affect income and debt-to-income or employment outcomes, including-- (A) regional and urban differences; (B) economic conditions at time of graduation; (C) patterns of discrimination (including those based on gender and race); (D) family income prior to enrollment; and (E) credential pursued or program of study; and (3) compare the various sources of income and debt data utilized under the regulation or performance framework, highlighting the differences between data sets, the availability of the data, the quality and completeness of the data, the student privacy issues with the use of data, and the data collection burden on the relevant institutions. (c) Period of Prohibition.--The period specified in this subsection is the period beginning on the date of the enactment of this Act and ending on the date of the enactment of a law that extends the authorization or duration of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by not less than 2 fiscal years beyond the authorization or duration of such Act in effect on such date of enactment. (d) Definitions.--In this section: (1) Independent student.--The term ``independent student'' has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include institutions described in subparagraph (C) of section 102(a)(1) of such Act. (3) Veteran.--The term ``veteran'' has the meaning given the term in section 480(c) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(c)). (4) Educational alternative.--The term ``educational alternative'' means a comparable or similar program of study offered at the same institution that a student attends or at another institution of higher education, which has the meaning of the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include any institution described in subparagraph (C) of section 102(a)(1) of the Higher Education Act of 1965.

Assuring Quality Outcomes in Higher Education Act of 2015 This bill requires the Department of Education (ED) to conduct and publish an impact analysis prior to implementing any final rule or enforcing any existing regulation or framework that utilizes income- or employment-based metrics. The Government Accountability Office must review the impact analysis for accuracy and completeness. ED's impact analysis must include the effect of income- or employment-based metrics on all postsecondary education programs and students at all categories of institutions of higher education that participate in a title IV program under the Higher Education Act of 1965, the correlation between variables other than quality of education that could affect income and debt-to-income ratios or employment outcome, and the comparison of various income sources and debt data utilized under the regulation or performance framework. The requirement established by this Act terminates when a law is enacted that reauthorizes the Higher Education Act of 1965 for at least two fiscal years.

Assuring Quality Outcomes in Higher Education Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Efficient Vehicle Demonstration Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) States including Montana, Nevada, Utah, and Wyoming have been grandfathered the right to operate up to 129,000- pound or greater vehicle combinations on 9 axles or more on Federal highways; (2) laws governing Federal highway funding effectively impose a limit of 105,500 pounds on the weight of vehicles permitted to use the Interstate System within the State of Idaho; (3) the State of Idaho is surrounded by the States specified in paragraph (1) that allow higher weight limits on the Interstate System, which puts the State of Idaho at a disadvantage in moving freight within Idaho and into those surrounding States; (4) in 2003, the legislature of the State of Idaho adopted House Bill 395, which established a 10-year pilot project that allows vehicle combinations up to 129,000 pounds to be operated on 10 axles on specific routes in that State, but does not address the Interstate System; (5) in enacting the pilot project program in House Bill 395 of the State, the legislature required the Idaho Transportation Department to report to the legislature on the effect of the program; (6) the Idaho Transportation Department is required to submit reports every 3 years during the 10-year life of the pilot project program that describe the results of monitoring and evaluation of all important impacts, including impacts to safety, bridges, and pavement, on all pilot project routes; (7) the pilot project program terminates on July 1, 2013, unless the program is otherwise extended or sooner repealed by the legislature; (8) the administration of the pilot project, coupled with the fact that vehicle combinations cannot operate at 129,000 pounds on the Interstate System, has forced those heavier vehicle combinations to divert onto small State and local roads on which higher vehicle weight limits are allowed under State law; (9) the diversion of those vehicles onto those roads increases fuel costs because of increased idling time and total travel time along those roads; (10) the cost of transportation fuel has increased more than 80 percent between calendar years 2007 and 2008; and (11) permitting commercial vehicles to travel on a select few Interstate System highways within the State at increased weight limits would provide-- (A) significant savings in the transportation of goods throughout the State; and (B) substantial data and an opportunity for analysis of the impacts of the vehicles on bridges, highway safety, and pavements. SEC. 3. DEFINITIONS. In this Act: (1) Covered interstate system highway.--The term ``covered Interstate System highway'' means any portion of a highway designated as a route on the Interstate System that, as of the date of enactment of this Act, is not exempt from the requirements of subsection (a) of section 127 of title 23, United States Code, pursuant to a waiver under that subsection. (2) Director.--The term ``Director'' means the Director of the Idaho Transportation Department. (3) Interstate system.--The term ``Interstate System'' has the meaning given the term in section 101(a) of title 23, United States Code. (4) Pilot project.--The term ``pilot project'' means the 10-year pilot project of the State, established in 2003 under House Bill 395 of the State, that permits vehicle combinations weighing up to 129,000 pounds to be operated on specific routes in that State. (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (6) State.--The term ``State'' means the State of Idaho. SEC. 4. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO WEIGHT OF VEHICLES USING INTERSTATE SYSTEM HIGHWAYS. (a) Prohibition Relating to Certain Vehicles.--Notwithstanding section 127(a) of title 23, United States Code, the total amount of funds apportioned to the State under section 104(b)(1) of that title for any period may not be reduced under section 127(a) of that title if the State permits a vehicle combination described in subsection (b) to use a covered Interstate System highway in the State in accordance with this Act. (b) Combination Vehicles in Excess of 105,500 Pounds up to 129,000 Pounds.--A vehicle described in this subsection is a vehicle that-- (1) has a weight in excess of 105,500 pounds but not more than 129,000 pounds; (2) consists of a power unit hauling 2 or more trailers or semitrailers; (3) does not exceed any vehicle weight limitation that is applicable under State law to the operation of the vehicle on highways in the State that are not part of the Interstate System, as those laws are in effect on the date of enactment of this Act; and (4) is limited to travel only on-- (A) the portion of Interstate Route 15 extending from the Montana border to the junction with Interstate Route 86; (B) the portion of Interstate Route 86 extending from the junction of Interstate Route 15 to the junction with Interstate Route 84; and (C) the portion of Interstate Route 84 extending from the Utah border to the Oregon border. (c) Termination of Authority.-- (1) In general.--Subject to paragraph (2), this section and the authority provided under this section shall terminate on July 1, 2013. (2) Exceptions.--This section and the authority provided under this section shall terminate on-- (A) a date that is later than the date specified in paragraph (1), if the project is extended to that later date by the State; or (B) any date that is before, on, or after the date specified in paragraph (1), if the Secretary-- (i) determines that-- (I) operation of vehicles described in subsection (b) on covered Interstate System highways has adversely affected safety on the overall highway system; or (II) the Director has failed to collect the data described in section 5(2); and (ii) publishes the determination, together with the date of termination of this section, in the Federal Register. (d) Consultation Regarding Termination for Safety.--In making a determination under subsection (c)(2)(A)(i), the Secretary shall consult with the Director. SEC. 5. RESPONSIBILITIES OF STATE . For the purpose of section 4, the State shall be considered to meet the conditions under this section if the Director-- (1) submits to the Secretary a plan for use in meeting the conditions described in paragraph (2); and (2) collects data on the net effects that the operation of vehicles described in section 4(b) on covered Interstate System highways in the State has on the safety of the overall highway system, as required by House Bill 395 of the State.

Idaho Efficient Vehicle Demonstration Act of 2008 - Prohibits any reduction of the apportionment of federal-aid highway funds to Idaho if: (1) it permits a commercial combination vehicle weighing up to 129,000 pounds to operate on specified routes of the Interstate System within the state; (2) such vehicle does not exceed state weight limits for operation on state highways; and (3) the vehicle is limited to travel only on certain portions of Interstate Routes 15, 84, and 86. (Under current law, the federal-aid highway funds of a state shall be reduced if it permits a commercial combination vehicle with a weight in excess of federal weight limits to operate on Interstate System highways within the state.)

To permit commercial vehicles at weights up to 129,000 pounds to use certain highways of the Interstate System in the State of Idaho which would provide significant savings in the transportation of goods throughout the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alcohol Tax Equalization Act of 1997''. SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC EQUIVALENT OF TAXES ON DISTILLED SPIRITS. (a) Wine.-- (1) Wines containing not more than 14 percent alcohol.-- Paragraph (1) of section 5041(b) of the Internal Revenue Code of 1986 (relating to rates of tax on wines) is amended by striking ``$1.07'' and inserting ``$2.97''. (2) Wines containing more than 14 (but not more than 21) percent alcohol.--Paragraph (2) of section 5041(b) of such Code is amended by striking ``$1.57'' and inserting ``$4.86''. (3) Wines containing more than 21 (but not more than 24) percent alcohol.--Paragraph (3) of section 5041(b) of such Code is amended by striking ``$3.15'' and inserting ``$6.08''. (b) Beer.-- (1) In general.--Paragraph (1) of section 5051(a) of such Code (relating to imposition and rate of tax on beer) is amended by striking ``$18'' and inserting ``$37.67''. (2) Small brewers.--Subparagraph (A) of section 5051(a)(2) of such Code (relating to reduced rate for certain domestic production) is amended by striking ``$7'' each place it appears and inserting ``$26.67''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1998. (d) Floor Stocks Taxes.-- (1) Imposition of tax.-- (A) In general.--In the case of any tax-increased article-- (i) on which tax was determined under part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 or section 7652 of such Code before January 1, 1998, and (ii) which is held on such date for sale by any person, there shall be imposed a tax at the applicable rate on each such article. (B) Applicable rate.--For purposes of clause (i), the applicable rate is-- (i) $1.90 per wine gallon in the case of wine described in paragraph (1) of section 5041(b) of such Code, (ii) $3.29 per wine gallon in the case of wine described in paragraph (2) of section 5041(b) of such Code, (iii) $2.93 per wine gallon in the case of wine described in paragraph (3) of section 5041(b) of such Code, and (iv) $19.67 per barrel in the case of beer. In the case of a fraction of a gallon or barrel, the tax imposed by subparagraph (A) shall be the same fraction of the amount of such tax imposed on a whole gallon or barrel. (C) Tax-increased article.--For purposes of this subsection, the term ``tax-increased article'' means wine described in paragraph (1), (2), or (3) of section 5041(b) of such Code and beer. (2) Exception for certain small wholesale or retail dealers.--No tax shall be imposed by paragraph (1) on tax- increased articles held on January 1, 1998, by any dealer if-- (A) the aggregate liquid volume of tax-increased articles held by such dealer on such date does not exceed 500 wine gallons, and (B) such dealer submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (3) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding any tax- increased article on January 1, 1998, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before June 30, 1998. (4) Controlled groups.-- (A) Corporations.--In the case of a controlled group of corporations, the 500 wine gallon amount specified in paragraph (2) shall be apportioned among the dealers who are component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term ``controlled group of corporations'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated dealers under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of dealers under common control where 1 or more of such dealers is not a corporation. (5) Other laws applicable.-- (A) In general.--All provisions of law, including penalties, applicable to the comparable excise tax with respect to any tax-increased article shall, insofar as applicable and not inconsistent with the provisions of this section, apply to the floor stocks taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by the comparable excise tax. (B) Comparable excise tax.--For purposes of subparagraph (A), the term ``comparable excise tax'' means-- (i) the tax imposed by section 5041 of such Code in the case of wine, and (ii) the tax imposed by section 5051 of such Code in the case of beer. (6) Definitions.--For purposes of this subsection-- (A) In general.--Terms used in this paragraph which are also used in subchapter A of chapter 51 of such Code shall have the respective meanings such terms have in such subchapter. (B) Person.--The term ``person'' includes any State or political subdivision thereof, or any agency or instrumentality of a State or political subdivision thereof. (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES. (a) General Rule.--Subpart E of part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 is amended by inserting before section 5061 the following new section: ``SEC. 5060. INDEXATION OF RATES. ``(a) General Rule.--Effective during each calendar year after 1998, each tax rate set forth in subsection (b) shall be increased by an amount equal to-- ``(1) such rate as in effect without regard to this section, multiplied by ``(2) the cost-of-living adjustment for such calendar year determined under section 1(f)(3) by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of 1 cent. ``(b) Tax Rates.--The tax rates set forth in this subsection are the rates contained in the following provisions: ``(1) Paragraph (1) of section 5001(a). ``(2) Paragraphs (1), (2), (3), (4), and (5) of section 5041(b). ``(3) Paragraphs (1) and (2)(A) of section 5051(a).'' (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section 5010(a) are each amended by striking ``$13.50'' and inserting ``the rate in effect under section 5001(a)(1)''. (c) Clerical Amendment.--The table of sections for subpart E of part I of subchapter A of chapter 51 of such Code is amended by inserting before the item relating to section 5061 the following new item: ``Sec. 5060. Indexation of rates.'' SEC. 4. SUBSTANCE ABUSE PREVENTION TRUST FUND. (a) General Rule.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9512. SUBSTANCE ABUSE PREVENTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Substance Abuse Prevention Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Substance Abuse Prevention Trust Fund amounts equivalent to the additional taxes received in the Treasury under chapter 51 by reason of the amendments made by sections 2 and 3 of the Alcohol Tax Equalization Act of 1997 and the additional taxes received in the Treasury by reason of section 2(d) of such Act. ``(c) Expenditures From Trust Fund.--Amounts in the Substance Abuse Prevention Trust Fund shall be available, as provided in appropriation Acts, for appropriation to-- ``(1) the Substance Abuse and Mental Health Services Administration, and ``(2) the National Highway Traffic Safety Administration, for alcohol abuse prevention programs.'' (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 is amended by adding at the end the following new item: ``Sec. 9512. Substance abuse prevention trust fund.''

Alcohol Tax Equalization Act of 1997 - Amends the Internal Revenue Code to increase the rate of tax on wine and beer. Provides for the treatment of floor stocks. Mandates a cost-of-living adjustment for the tax rates on distilled spirits, wine, and beer. Establishes the Substance Abuse Prevention Trust Fund. Appropriates amounts to the Fund equivalent to the amounts received as a result of this Act. Makes amounts in the Fund available to the Substance Abuse and Mental Health Services Administration and the National Highway Traffic Safety Administration for alcohol abuse prevention programs.

Alcohol Tax Equalization Act of 1997

SECTION 1. FINDINGS. Congress makes the following findings: (1) Saudi Arabia is the center of Wahabbism, the ultra- purist, jihadist form of Islam followed by members of Al Qaeda. (2) More than 50 percent of the funding of Hamas, a Palestinian terrorist organization, comes from Saudi Arabia, and support for Hamas by Saudi Arabia is increasing despite President Bush's request to the Government of Saudi Arabia to discontinue the provision of assistance to Palestinian terrorist groups. (3) Prince Nayef bin Abdel Aziz, the Saudi Interior Minister and a brother of King Fahd, oversees the Saudi Committee for the Support of Al Quds Intifada, which provides assistance to the families of Palestinian suicide bombers through specially designated bank accounts. According to Arab News, a Saudi daily, a single telethon early last year raised approximately $112,000,000 for Al Quds. (4) The Government of Saudi Arabia provided cash payments of $5,333 to each family of ``martyrs'' killed while trying to murder Israelis. (5) In June 2003, a senior Saudi official, Dr. Abdul Wahid Al-Humaid, published the following quote in a series of Saudi periodicals: ``The Jews . . . have succeeded in [winning] world sympathy by playing on the Holocaust and Nazi atrocities. The result has been a world that gradually shifted from disliking Jews to sympathizing with them. The Jews are masters at manipulating the media, money, world organizations and pressure groups.''. (6) In the spring of 2002, United States Armed Forces in Sarajevo discovered in the office of the Saudi High Commission for Relief of Bosnia and Herzegovina documents that proved that Saudi Arabia provided funding to Hamas to enable it to produce a short-range missile called the ``Qassam''. (7) During the summer of 2000 in San Diego, a known Saudi intelligence agent, Omar al-Bayoumi, hosted Khalid Almihdhar and Nawaf Alhazmi, two of the individuals who subsequently hijacked commercial aircraft on September 11, 2001, and crashed the aircraft into the twin towers of the World Trade Center in New York City and into the Pentagon. Al-Bayoumi met Almihdhar and Alhazmi in Los Angeles, directed them to a Muslim community in San Diego, and even wrote a check for their apartment deposit. (8) The wife of the Saudi Ambassador to the United States, Princess Haifa al-Faisal, transferred $15,000 in 1998, and then $2,000 a month thereafter, to a Saudi resident of San Diego, Osama Bassnan. During the same period, Bassnan and another man who apparently also received Saudi financial support helped two other individuals who subsequently committed the terrorist attacks on September 11, 2001. (9) For more than a month after the terrorist attacks that occurred on September 11, 2001, the Government of Saudi Arabia refused to freeze the financial assets of Osama bin Laden, the individual who masterminded the terrorist attacks. (10) Assistant Director of the Federal Bureau of Investigation Robert M. Bryant stated that the Government of Saudi Arabia has prevented FBI investigators from interviewing any civilians who witnessed or may have been involved in the bombing in 1996 of Khobar Towers, a United States military housing installation in Saudi Arabia, in which 19 United States servicemen were killed. (11) In April 1995, the Government of Saudi Arabia prevented the United States Government from apprehending Imad Mighniyah, the head of the Palestinian terrorist organization Hezbollah, and who had planned the bombing in 1983 of the United States Marine barracks in Beirut, Lebanon, in which 241 Marines were killed. The Government of Saudi Arabia ignored the request of United States National Security Advisor Anthony Lake to allow the aircraft that was carrying Mighniyah to land in a location where Mighniyah could be apprehended. (12) During the first Gulf War, Saudi officials would not allow United States troops to hold formal Christmas services on Saudi territory, even as the United States was protecting Saudi Arabia from Iraqi invasion. SEC. 2. PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES. No funds appropriated or otherwise made available pursuant to an Act making appropriations for foreign operations, export financing, and related programs may be obligated or expended to finance directly any assistance or reparations to Cuba, Libya, North Korea, Iran, Saudi Arabia, or Syria. For purposes of the preceding sentence, the prohibition on obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank of the United States or its agents.

Prohibits appropriated foreign assistance funds (including direct loans, credits, insurance, and guarantees of the U.S. Export-Import Bank) from being expended to finance directly any assistance or reparations to Cuba, Libya, North Korea, Iran, Saudi Arabia, or Syria.

To prohibit assistance or reparations to Cuba, Libya, North Korea, Iran, Saudi Arabia, and Syria.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Journey Through Hallowed Ground National Heritage Area Education and Tourism Act of 2007''. (b) Definitions.--For the purposes of this Act, the following definitions apply: (1) Heritage area.--The terms ``Heritage Area'' means the Journey Through Hallowed Ground National Heritage Area established by section 3. (2) Management entity.--The term ``management entity'' means The Journey Through Hallowed Ground Partnership, a Virginia nonprofit corporation, or its successor entity. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area specified in section 4(b). (4) Partner.--The term ``partner'' means-- (A) a Federal, State, or local governmental entity; and (B) an organization, private industry, or individual involved in promoting the historical, cultural, and recreational resources of the Heritage Area. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Participating locality.--The term ``participating locality'' means a unit of local government which has formally requested to be included in the Heritage Area, and has sent notification of such pursuant to section 4(c)(1)(D). SEC. 2. PURPOSE. The purposes of the Heritage Area are-- (1) to support, and interpret the legacy of the history of the United States created along the Heritage Area; (2) to promote heritage, cultural, and recreational tourism and to develop educational and cultural programs for visitors and the general public; (3) to recognize and interpret important events and geographic locations representing key developments in the creation of the United States, including Native American, Colonial American, European American, and African American heritage; (4) to recognize and interpret the effect of the Civil War on the civilian population of the Heritage Area during the war and post-war reconstruction period; and (5) to assist the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the State of West Virginia, and their units of local government, the private sector, and area citizens in supporting, enhancing, and interpreting the significant historic, cultural, and recreational sites in the Heritage Area. SEC. 3. JOURNEY THROUGH HALLOWED GROUND NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Journey Through Hallowed Ground National Heritage Area. (b) Region Eligible for Inclusion in the Heritage Area.-- (1) In general.--The Heritage Area may consist of the 175- mile region generally following the Route 15 corridor and surrounding areas from Adams County, Pennsylvania, through Frederick County, Maryland, looping through Brunswick, Maryland, to Harpers Ferry, West Virginia, back through Loudoun County, Virginia, to the Route 15 corridor encompassing portions of Loudoun and Prince William Counties, Virginia, Fauquier County, Virginia, portions of Spotsylvania and Madison Counties, Virginia, and Culpeper, Rappahannock, Orange, and Albemarle Counties, Virginia. The boundaries of the Heritage Area may include the participating localities contained within the map entitled ``The Journey Through Hallowed Ground National Heritage Area,'' numbered P90/80,000 and dated October 2006. (2) Map.--The map referred to in paragraph (1) shall be on file in the appropriate offices of the National Park Service. (3) Publication.--As soon as practical after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a detailed description and map of the participating localities established under this subsection. (c) Management Entity.--The management entity for the Heritage Area shall be The Journey Through Hallowed Ground Partnership, which shall include representatives from a broad cross-section of the individuals, agencies, organizations, States, and governments. (d) Board of Trustees.-- Membership on the board of trustees of the management entity shall be open to the public and include representatives from a broad cross-section of individuals, agencies, organizations, States, and governments participating in the Heritage Area that will oversee the development of the management plan. SEC. 4. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities of the Management Entity.-- (1) Authority to accept funds.--The management entity may accept funds from any non-Federal source, including States and their political subdivisions, private organizations, nonprofit organizations, or any other person, to carry out its duties under this Act. (2) Use of funds.--The management entity may use funds to prepare, update, and implement the management plan developed under subsection (b). The management entity may not make grants to States or their political subdivisions. The management entity may use funds for other purposes, including the following: (A) Making grants to, and entering into cooperative agreements with, private organizations, nonprofit organizations, or any other private individual. (B) Hiring and compensating staff. (C) Entering into contracts for goods and services related to the production of maps, brochures, and other educational and promotional materials. (3) Meetings.--All meetings conducted by the management entity shall be open to the public and minutes of each meeting shall be made available to the public. (b) Management Plan.--The management entity shall develop a management plan for the Heritage Area that-- (1) presents comprehensive strategies and recommendations for promoting tourism within the Heritage Area and educating the public about the historic significance of the Heritage Area; (2) takes into consideration existing State, county, and local plans and involves residents, public agencies, and private organizations working in the Heritage Area; (3) specifies the existing and potential sources of funding to promote tourism within the Heritage Area; (4) lists participating localities; (5) includes an analysis of ways in which local, State, and Federal programs can be best coordinated to promote the purposes of this Act, including recommendations to the Commonwealth of Virginia, the States of Maryland and West Virginia, and the Commonwealth of Pennsylvania (and political subdivisions thereof) for the promotion, support, and interpretation of the natural, cultural, and historical resources of the Heritage Area; (6) includes locations for visitor contact and major interpretive facilities; (7) includes recommendations for appropriate living history demonstrations and battlefield reenactments; (8) includes recommendations for implementing a continuing program of interpretation and visitor education concerning the resources and values of the Heritage Area; (9) includes recommendations for a uniform historical marker and wayside exhibit program in the Heritage Area, including a provision for marking, with the consent of the owner, historic structures and properties that are contained within the historic core areas and contribute to the understanding of the Heritage Area; (10) includes recommendations for the interpretation of the natural, cultural, and historic resources of the Heritage Area consistent with this Act; and (11) includes recommendations for the development of educational outreach programs for students of all ages to further the understanding of the vast resources within the Heritage Area. (c) Deadline; Termination of Assistance.-- (1) Deadline.--The management entity shall submit the management plan to the Secretary not later than 2 years after the enactment of this Act. Prior to submitting the draft plan to the Secretary, the management entity shall ensure that-- (A) the Commonwealth of Virginia, the States of Maryland and West Virginia, the Commonwealth of Pennsylvania, and any political subdivision thereof that would be affected by the plan, receive a copy of the draft plan; (B) adequate notice of availability of the draft plan is provided through publication in appropriate local newspapers in the area of the Heritage Area; (C) at least one public hearing conducted by the management entity in each Congressional district that is included in the region of potential inclusion of the Heritage Area; (D) each residential and commercial property owner within a participating locality has been notified, via United States Postal Service first class letter, by the local unit of government requesting inclusion in the heritage area; and (E) the Board of Trustees of the management entity has unanimously endorsed the draft plan. (2) Termination of assistance.--If a management plan is not submitted to the Secretary in accordance with this subsection, the Secretary shall not, after that date, provide any assistance under this Act with respect to the Heritage Area until such a management plan for the Heritage Area is submitted to the Secretary. (d) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions set forth in the management plan; (2) assist units of government and nonprofit organizations in-- (A) establishing and maintaining interpretive materials and exhibits in the Heritage Area; (B) developing historical and cultural resources and educational programs in the Heritage Area; (C) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; (D) restoring any historic building relating to the themes of the Heritage Area; and (E) ensuring that clear signs identifying access points and sites of interest are placed throughout the Heritage Area; and (3) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area. (e) Consequences of Noncompliance.--If the management entity does not comply with the provisions of this Act, it shall cease to be the management entity and its authority as such shall not be recognized, nor shall its management plan or any other work product be used, to implement this Act. SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical Assistance.-- (1) In general.--The Secretary may, upon the request of the management entity and subject to the availability of resources, provide technical assistance to the management entity to carry out its duties under this Act, including updating and implementing the management plan that is submitted under section 4(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives. (2) Priority.--In assisting the management entity, the Secretary shall give priority to actions that assist in the-- (A) creation of the management plan; (B) provision of educational assistance and advice regarding promotion of the heritage area; and (C) design and fabrication of a wide range of interpretive materials based on the management plan, such as guide brochures, visitor displays, audio- visual, books, interpretive dialogues, interactive exhibits, and educational curriculum materials for public education. (b) Approval and Disapproval of Management Plans.--The Secretary, in consultation with the Governors of the Commonwealth of Virginia, the States of Maryland and West Virginia, and the Commonwealth of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 180 days after receiving such plan. In approving the plan, the Secretary shall take into consideration the following criteria: (1) The extent to which the management plan, when implemented, would support and promote the significant historical, cultural, and recreational resources of the Heritage Area. (2) The level of public participation in the development of the management plan. (3) The extent to which the board of trustees of the management entity is representative of the local governments affected and a wide range of interested organizations and citizens. (c) Action Following Disapproval.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions in the management plan. The Secretary shall approve or disapprove a proposed revision not later than 90 days after the date it is submitted. (d) Approving Changes.--Amendments to the approved management plan for the Heritage Area that make substantial changes shall not be effective until approved by the Secretary under the same timeline as the management plan was approved. SEC. 6. SUNSET. The Secretary may not provide any assistance under this Act after the expiration of the 10-year period beginning on the date of the enactment of this Act. SEC. 7. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY. (a) Notification and Consent of Property Owners Required.--No privately owned property shall be preserved or promoted under the management plan for the Heritage Area until the owner of that private property has-- (1) been notified in writing by the management entity; and (2) given written consent to the management entity for such preservation or promotion. (b) Landowner Withdrawal.--Any owner of private property included within the boundary of the Heritage Area shall have their property immediately removed from the boundary by submitting a written request to the management entity. (c) Change of Ownership.--If private property included within the boundary of the Heritage Area has been excluded from the Heritage Area or has not been preserved or promoted under the management plan for the Heritage Area because the owner has not given or has withdrawn consent, upon change of ownership of that private property, the management entity may request consent from the new owners. SEC. 8. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this Act shall be construed to-- (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private property. (b) Liability.--Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority To Control Land Use.--Nothing in this Act shall be construed to modify the authority of Federal, State, or local governments to regulate land use. (d) Compensation for Lost Use.--If a local governmental entity within the boundaries of the Heritage Area promulgates new land use regulations following the date of the enactment of this Act that restrict the use of private property, or any interest therein, thereby reducing the value of the property, then that governmental agency shall pay the owner of the property just compensation in an amount no less than the fair market value of the lost use as of the date that the owner makes written request for compensation. The local governmental entity shall compensate the property owner not later than 180 day after receiving the property owners written request for compensation. (e) Fair Market Value.--For purposes of this Act, ``fair market value'' is the price a buyer would be willing to pay for the affected portion of the private property, including business losses, if such private property was placed on the market by a willing seller. Such fair market value shall be determined by an appraisal by two or more licensed, independent appraisers. If substantial differences exist between appraisals commissioned by the property owner and by the local governmental entity, fair market value shall either be an amount agreed to by the property owner and the public entity, or by an independent appraiser jointly selected by both. (f) Failure To Comply.--Any local government entity that fails to comply with subsection (d) shall not be eligible to participate in the Heritage Area and shall be barred from receiving any Federal funds for a period of 3 years. (g) Participation of Private Property Owners in Heritage Area.-- Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (h) Effect of Establishment.--The boundaries designated for the Heritage Area represent the area within which specific, eligible localities have been included in the area. The establishment of the Heritage Area and its boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity. SEC. 9. FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act shall not apply to the Board of Trustees of the Heritage Area. (b) Compliance.--Notwithstanding subsection (a), the Board of Trustees shall be appointed and operate in a manner consistent with all provisions of the Federal Advisory Committee Act with respect to-- (1) the balance of its membership; (2) provision of public notice regarding its activities; (3) open meetings; and (4) public access to documents created by Board of Trustees.

Journey Through Hallowed Ground National Heritage Area Education and Tourism Act of 2007 - Establishes the Journey Through Hallowed Ground National Heritage Area which may consist of the 175-mile region following the Route 15 corridor and surrounding areas through Pennsylvania, Maryland, West Virginia, and Virginia. Designates the Journey Through Hallowed Ground Partnership as the management entity for the Area. Requires the membership on the Board of Trustees of the Partnership to be open to the public and to include representatives from a broad cross-section of individuals, agencies, organizations, states, and governments participating in the Area that will oversee the development of the management plan. Requires the Partnership to develop a management plan for the Area that presents strategies and recommendations for promoting tourism within the Area and for educating the public about the historic significance of the Area. Makes the Federal Advisory Committee Act inapplicable to the Board of Trustees.

To establish the Journey Through Hallowed Ground National Heritage Area Education and Tourism Act, and for other purposes.

SECTION 1. PERMANENT EXTENSION AND INCREASE OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) Permanent Extension.--Subsection (l) of section 162 of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended by striking paragraph (6). (b) Increase in Deduction.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 is amended by striking ``25 percent'' and inserting ``30 percent''. (c) Effective Dates.-- (1) Extension.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1993. (2) Increase.--The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1994. SEC. 2. REPEAL OF NONRECOGNITION ON FCC CERTIFIED SALES AND EXCHANGES. (a) In General.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by striking part V (relating to changes to effectuate FCC policy). (b) Conforming Amendments.--Sections 1245(b)(5) and 1250(d)(5) of the Internal Revenue Code of 1986 are each amended-- (1) by striking ``section 1071 (relating to gain from sale or exchange to effectuate polices of FCC) or'', and (2) by striking ``1071 and'' in the heading thereof. (c) Clerical Amendment.--The table of parts for such subchapter O is amended by striking the item relating to part V. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to-- (A) sales and exchanges on or after January 17, 1995, and (B) sales and exchanges before such date if the FCC tax certificate with respect to such sale or exchange is issued on or after such date. (2) Binding contracts.-- (A) In general.--The amendments made by this section shall not apply to any sale or exchange pursuant to a written contract which was binding on January 16, 1995, and at all times thereafter before the sale or exchange, if the FCC tax certificate with respect to such sale or exchange was applied for, or issued, on or before such date. (B) Sales contingent on issuance of certificate.-- (i) In general.--A contract shall be treated as not binding for purposes of subparagraph (A) if the sale or exchange pursuant to such contract, or the material terms of such contract, were contingent, at any time on January 16, 1995, on the issuance of an FCC tax certificate. The preceding sentence shall not apply if the FCC tax certificate for such sale or exchange is issued on or before January 16, 1995. (ii) Material terms.--For purposes of clause (i), the material terms of a contract shall not be treated as contingent on the issuance of an FCC tax certificate solely because such terms provide that the sales price would, if such certificate were not issued, be increased by an amount not greater than 10 percent of the sales price otherwise provided in the contract. (3) FCC tax certificate.--For purposes of this subsection, the term ``FCC tax certificate'' means any certificate of the Federal Communications Commission for the effectuation of section 1071 of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act). SEC. 3. SPECIAL RULES RELATING TO INVOLUNTARY CONVERSIONS. (a) Replacement Property Acquired by Corporations From Related Persons.-- (1) In general.--Section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Nonrecognition Not To Apply if Corporation Acquires Replacement Property From Related Person.-- ``(1) In general.--In the case of-- ``(A) a C corporation, or ``(B) a partnership in which 1 or more C corporations own, directly or indirectly (determined in accordance with section 707(b)(3)), more than 50 percent of the capital interest, or profits interest, in such partnership at the time of the involuntary conversion, subsection (a) shall not apply if the replacement property or stock is acquired from a related person. The preceding sentence shall not apply to the extent that the related person acquired the replacement property or stock from an unrelated person during the period described in subsection (a)(2)(B). ``(2) Related person.--For purposes of this subsection, a person is related to another person if the person bears a relationship to the other person described in section 267(b) or 707(b)(1).'' (2) Effective date.--The amendment made by paragraph (1) shall apply to involuntary conversions occurring on or after February 6, 1995. (b) Application of Section 1033 to Certain Sales Required for Microwave Relocation.-- (1) In general.--Section 1033 of the Internal Revenue Code of 1986 (relating to involuntary conversions), as amended by subsection (a), is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: ``(j) Sales or Exchanges To Implement Microwave Relocation Policy.-- ``(1) In general.--For purposes of this subtitle, if a taxpayer elects the application of this subsection to a qualified sale or exchange, such sale or exchange shall be treated as an involuntary conversion to which this section applies. ``(2) Qualified sale or exchange.--For purposes of paragraph (1), the term `qualified sale or exchange' means a sale or exchange before January 1, 2000, which is certified by the Federal Communications Commission as having been made by a taxpayer in connection with the relocation of the taxpayer from the 1850- 1990MHz spectrum by reason of the Federal Communications Commission's reallocation of that spectrum for use for personal communications services. The Commission shall transmit copies of certifications under this paragraph to the Secretary.'' (2) Effective date.--The amendment made by paragraph (1) shall apply to sales or exchanges after March 14, 1995. SEC. 4. DENIAL OF EARNED INCOME CREDIT FOR INDIVIDUALS HAVING EXCESSIVE INVESTMENT INCOME. (a) In General.--Section 32 of the Internal Revenue Code of 1986 is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and by inserting after subsection (h) the following new subsection: ``(i) Denial of Credit for Individuals Having Excessive Investment Income.-- ``(1) In general.--No credit shall be allowed under subsection (a) for the taxable year if the aggregate amount of disqualified income of the taxpayer for the taxable year exceeds $2,350. ``(2) Disqualified income.--For purposes of paragraph (1), the term `disqualified income' means-- ``(A) interest or dividends to the extent includible in gross income for the taxable year, ``(B) interest received or accrued during the taxable year which is exempt from tax imposed by this chapter, and ``(C) the excess (if any) of-- ``(i) gross income from rents or royalties not derived in the ordinary course of a trade or business, over ``(ii) the sum of-- ``(I) the deductions (other than interest) which are clearly and directly allocable to such gross income, plus ``(II) interest deductions properly allocable to such gross income.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 5. EXTENSION OF SPECIAL RULE FOR CERTAIN GROUP HEALTH PLANS. Section 13442(b) of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66) is amended by striking ``May 12, 1995'' and inserting ``December 31, 1995''. SEC. 6. STUDY OF EXPATRIATION TAX. (a) In General.--The staff of the Joint Committee on Taxation shall conduct a study of the issues presented by any proposals to affect the taxation of expatriation, including an evaluation of-- (1) the effectiveness and enforceability of current law with respect to the tax treatment of expatriation, (2) the current level of expatriation for tax avoidance purposes, (3) any restrictions imposed by any constitutional requirement that the Federal income tax apply only to realized gains, (4) the application of international human rights principles to taxation of expatriation, (5) the possible effects of any such proposals on the free flow of capital into the United States, (6) the impact of any such proposals on existing tax treaties and future treaty negotiations, (7) the operation of any such proposals in the case of interests in trusts, (8) the problems of potential double taxation in any such proposals, (9) the impact of any such proposals on the trade policy objectives of the United States, (10) the administrability of such proposals, and (11) possible problems associated with existing law, including estate and gift tax provisions. (b) Report.--The Chief of Staff of the Joint Committee on Taxation shall, not later than June 1, 1995, report the results of the study conducted under subsection (a) to the Chairmen of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Internal Revenue Code to make permanent the deduction for health insurance costs of self-employed individuals. Makes such provision effective beginning after December 31, 1993. Increases such deduction from 25 percent to 30 percent effective beginning after December 31, 1994. Repeals provisions that provide for nonrecognition of gain from sales and exchanges certified by the Federal Communications Commission (FCC) to be necessary or appropriate to effectuate FCC policies regarding ownership and control of radio stations. Makes this amendment effective with respect to sales and exchanges on or after January 17, 1995 (or before such date if the FCC tax certificate is issued on or after that date). States rules for determining whether a contract for sale or exchange was binding before such date and therefore outside the application of this amendment. Treats a contract as non-binding if the sale or exchange, or the material terms of the contract, were contingent, on January 16, 1995, on the issuance of a certificate. Provides that a contract's material terms shall not be treated as contingent on such issuance solely because the terms provide that the sales price would otherwise be increased by an amount not more than ten percent of the sales price. Provides that the rules on nonrecognition of gain from involuntary conversions do not apply, in the case of a C corporation or a partnership in which one or more C corporations own more than 50 percent of the partnership's capital or profits interests at the time of the conversion, if the replacement property or stock is acquired from a related person. Makes such rules applicable to qualified sales or exchanges relating to certain reallocations by the FCC of microwave spectrums for use for personal communications services. Denies the earned income tax credit for individuals who earn more than $2,350 of investment income for a taxable year. Extends, through December 31, 1995, the disallowance of employer deductions of amounts paid or incurred in connection with a group health plan if the plan does not reimburse hospitals for inpatient services provided in New York at the same rate required of licensed commercial insurers for services to individuals not covered by a group health plan. Requires a study and report by the Joint Committee on Taxation of the issues presented by any proposals affecting the taxation of expatriation.

To amend the Internal Revenue Code of 1986 to permanently extend the deduction for the health insurance costs of self-employed individuals, to repeal the provision permitting nonrecognition of gain on sales and exchanges effectuating policies of the Federal Communications Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset-Building for Working Americans Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) The existing resource limitations affecting eligibility for benefits under the program of block grants to States for Temporary Assistance for Needy Families, the Supplemental Security Income program, the Medicaid program, and public housing programs triggered by savings made through earned income tax credits may encourage working families to make unnecessary purchases in order to remain eligible for public assistance rather than building the long-term assets required for escaping poverty permanently, and may prevent low-income working families from obtaining the temporary public assistance needed while they build the assets required for escaping poverty permanently; (2) adjusting the resource limitations under such programs to disregard savings made through earned income tax credits for 12 months will enable working families to make the necessary savings to build long-term security through assets while still obtaining temporary public assistance for living and raising children in health and safety; (3) 33 percent of all households in the United States, and 60 percent of African-American households, have no or negative financial assets; and (4) 46.9 percent of all children, including 40 percent of Caucasian children and 75 percent of African-American children, in the United States live in households with no financial assets. SEC. 3. 12-MONTH DISREGARD OF PAYMENTS OF EARNED INCOME TAX CREDIT UNDER THE PROGRAM OF BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. (a) Requirement.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) 12-month disregard of eitc payments.--A State to which a grant is made under section 403 of this Act shall, in determining the eligibility of an individual for assistance, and the amount or type of assistance to be provided to an individual, under the State program funded under this part, disregard any refund of Federal income taxes made to the individual by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit), and any payment made to the individual by an employer under section 3507 of such Code (relating to advance payment of earned income credit), for a period that begins with the month in which the refund or payment is received and that is of a duration of not less than 12 months.''. (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(15) Failure to disregard eitc payments for 12 months.--If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 2 percent of the State family assistance grant.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 1999. SEC. 4. 12-MONTH DISREGARD OF PAYMENTS OF EARNED INCOME TAX CREDIT UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) In General.--Section 1613(a)(11) of the Social Security Act (42 U.S.C. 1382b(a)(11)) is amended by striking ``for the month of receipt and the following month'' and inserting ``for the 12-month period that begins with the month of receipt''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits for months beginning on or after October 1, 1999. SEC. 5. DISREGARD UNDER MEDICAID PROGRAM. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(17)-- (A) by striking ``and'' before ``(D)''; and (B) by inserting before ``; and'' the following: ``, and (E) do not take into account for a period of 12 months refunds and advance payments described in subsection (aa)''; (2) in subsection (f), by striking ``subsection (e)'' and inserting ``subsections (e) and (aa))''; and (3) by adding at the end the following new subsection: ``(aa) Notwithstanding any other provision of this title, in determining eligibility for, and the amount of, medical assistance provided under this title, any refund of Federal income taxes made to an individual by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit), and any payment made to such an individual by an employer under section 3507 of such Code (relating to advance payment of earned income credit) shall not be taken into account as income or resources for a period of 12 months.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to eligibility determinations made on or after October 1, 1999. SEC. 6. 12-MONTH DISREGARD OF PAYMENTS OF EARNED INCOME TAX CREDIT UNDER PUBLIC HOUSING AND SECTION 8 RENTAL ASSISTANCE PROGRAMS. Section 3(b)(4) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(4)) is amended by adding at the end the following new sentence: ``In determining the income of a household for purposes of this paragraph, the Secretary shall disregard any refund of Federal income taxes made to any member of the household by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit), and any payment made to any member of the household by an employer under section 3507 of such Code (relating to advance payment of earned income credit), for the 12-month period that begins with the month in which the refund or payment is received.''.

Asset-Building for Working Americans Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA), as well as SSA titles XVI (Supplemental Security Income) (SSI) and XIX (Medicaid), to require States to disregard for the following 12-month period any refunds or advance payments of the earned income tax credit (EITC) in determining eligibility for benefits under TANF, SSI, and Medicaid. Establishes up to a two percent reduction in the next fiscal year's grant to any State as a penalty for failure to disregard such payments. Amends the United States Housing Act of 1937 to require a similar disregard for EITC payments under public housing and rental assistance programs.

Asset-Building for Working Americans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal-State Tax Fairness Act of 2000''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Covered state tax.--The term ``covered State tax'' means a lawfully imposed and nondiscriminatory State excise, sales, or transaction tax levied or imposed on purchases, by nonmembers of a tribe, of tobacco products or motor fuels from a tribal retail enterprise, including a non-Indian retailer affiliated with an Indian tribe. (2) Indian country.--The term ``Indian country'' means-- (A) all lands within the limits of any Indian reservation; and (B) all lands title to which is either held in trust by the United States for the benefit of any Federally recognized Indian tribe or individual Indian or held by any Indian tribe or individual Indian subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power. (3) 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)). (4) Person.--The term ``person'' means individuals, corporations, partnerships, associations of persons, State or local governments, or Indian tribal governments. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior or his or her designee. (6) Service.--The term ``Service'' means the Federal Mediation and Conciliation Service established under section 202 of the National Labor Relations Act (29 U.S.C. 172). (7) Tribal retail enterprise.--The term ``tribal retail enterprise'' means a retail store carrying on business in Indian country that sells tobacco products or motor fuels and is owned or operated by a person or an Indian tribe or a member of an Indian tribe, or is owned or operated by a person who is not a member of an Indian tribe under a management contract with an Indian tribe or a member of an Indian tribe. (8) Tribal-state agreement.--The term ``tribal-State agreement'' means an agreement or compact between a State and an Indian tribe concerning State taxes on tobacco products or motor fuels that is in effect on the date of enactment of this Act, or was in effect at any time between January 1, 1990, and the date of enactment of this Act. SEC. 3. APPLICABILITY. (a) In General.--Except to the extent that a tribal-State agreement provides otherwise, this Act shall not apply to any covered State tax for which-- (1) a State law specifically exempts, either in whole or in part, the collection or remittance of such taxes; (2) the legal incidence of the otherwise applicable State tax falls on a tribe or its members, thereby subjecting the purchase by a tribal member from a tribal retail enterprise to a State excise, sales, or transaction tax; or (3) the State tax is preempted by the operation of Federal law. (b) Prospective Applicability.--This Act shall apply only to covered State taxes due, or amounts due under tribal-State agreements, with respect to purchases completed on or after the date of the enactment of this Act. SEC. 4. COLLECTION OF COVERED STATE TAXES PURSUANT TO STATE PETITIONS. (a) Collection and Remittance of Taxes.--Not later than 60 days after receiving a petition from the Governor of a State within the borders of which a tribal retail enterprise is located alleging the non-collection of a covered State tax by the tribal retail enterprise, the Secretary shall determine whether or not the tribal retail enterprise is collecting and remitting the appropriate amount of covered State tax according to the laws of such State) (if no tribal- State agreement exists) or the terms of a tribal-State agreement (if a tribal-State agreement exists). Upon a determination of non-collection and non-remittance, the Secretary shall notify and direct the tribal retail enterprise to collect the covered State tax and remit it to the Secretary pursuant to subsection (b). (b) Remittance to Secretary.-- (1) In general.--A tribal retail enterprise shall remit to the Secretary covered State taxes collected pursuant to subsection (a) on a monthly basis, by the 15th day following the month in which the taxes were collected. (2) Determination of amount to be remitted to secretary.-- (A) Existence of tribal-state agreement.--In the event a tribal-State agreement exists or existed with respect to the tribal retail enterprise or Indian tribe named in a subsection (a) petition, then the amount of covered State taxes remitted to the Secretary pursuant to such a petition shall in no event be more than the amount provided for by the terms of such tribal-State agreement, even if such tribal-State agreement is no longer in effect at the time of the subsection (a) petition because the agreement has expired or one of the parties to the agreement has terminated the agreement. (B) Absence of tribal-state agreement.--In the event a tribal-State agreement with respect to the tribal retail enterprise or Indian tribe named in a subsection (a) petition did not or does not exist, then the Secretary shall consult with a State making the petition under subsection (a) to determine the appropriate amount of covered State taxes that should be remitted to the Secretary under this subsection based upon the volume of motor fuels and tobacco products sold to nontribal members at the tribal retail enterprise. (C) Mediation.--If necessary to determine the amount to be remitted under this subsection, the Secretary shall consult with the Service and establish a mediation between the Indian tribe and the State for the purposes of determining such amount. The Service shall complete such mediation within 180 days of the initial consultation by the Secretary and render its determination on the appropriate amount to be remitted to the Secretary immediately. Once the Secretary has received the Service's determination, that determination shall be used by the Secretary in establishing the appropriate amount to be remitted under subsection (a). (3) Exclusion.--Unless otherwise provided by a tribal-State agreement described in subsection (b)(2)(A), a tribal retail enterprise shall not remit to the Secretary any covered State taxes collected from tribal members from purchases of tobacco products and motor fuels. (c) Return of Funds to Appropriate State.--Not later than 30 days after receiving a covered State tax payment from a tribal retail enterprise or Indian tribe under subsection (b), the Secretary shall remit the balance of taxes collected under subsection (b) (after subtracting administrative expenses subject to subsection (d)) to the State fund specified by the Governor in the petition submitted under subsection (a). (d) Administrative Expenses.--Prior to the return of funds to the appropriate State under subsection (c), the Secretary shall deduct from the amount remitted from the tribal retail enterprise pursuant to subsection (b) an administrative fee that is equal to the direct cost of administering this Act. The administrative fee deducted under this subsection shall not exceed one percent of the amounts remitted pursuant to subsection (b). (e) Satisfaction of Duties Under Tribal-State Agreement.--Amounts remitted to the Secretary under subsection (b) shall be applied by the State to amounts due under the terms of the tribal-State agreement described in subsection (b)(2)(A). (f) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations providing for the implementation and enforcement of this Act. (g) Specific Prices.--No provision of this Act shall require any tribal retail enterprise to sell motor fuels or tobacco products at any specific price. SEC. 5. MEDIATION OF DISPUTES BETWEEN TRIBES AND STATES UNDER TRIBAL- STATE AGREEMENTS. (a) In General.--A State or an Indian tribe may petition the Secretary to mediate disputes between a State and an Indian tribe regarding compliance with the terms of a tribal-State agreement in effect on the date of such petition. (b) Mediation.--Within 60 days of receiving a petition under subsection (a), the Secretary shall either convene a mediation of the State and the Indian tribe to resolve the dispute or consult with the Service and establish a mediation between the Indian tribe and the State for the purposes of determining such amount. The Service shall report its conclusions regarding the dispute contained in a subsection (a) within 180 days of the initial consultation by the Secretary. Once the Secretary or the Service has made a determination regarding the issue in dispute, the Secretary shall notify the parties to the subsection (a) petition of the determination and urge the adoption of the determination by such parties. SEC. 6. ENFORCEMENT. (a) Notice of Violation.--If a tribal retail enterprise fails to comply within 60 days with section 4(a) once the Secretary has made a determination under section 4(b), the Secretary shall notify the tribal retail enterprise of this violation and demand immediate compliance with the determination. (b) Referral of Violation to Department of Justice.--If a tribal retail enterprise is not in compliance with section 4 within 30 days of the notification under subsection (a), the Secretary shall refer the matter within 15 days to the Department of Justice. (c) Commencement of Civil Enforcement Action.-- (1) In general.--Not later than 60 days after a referral under subsection (b), the Department of Justice shall initiate a civil enforcement action in Federal district court against the tribal retail enterprise. (2) Tribal-owned retail enterprise.--If the tribal retail enterprise named in such a civil enforcement action is owned or operated by an Indian tribe, then the civil action shall include requests for injunctive relief against the tribal retail enterprise and the appropriate Indian tribal government and for the payment to the Secretary of all covered State taxes, as determined under section 4(b), owed by the tribal retail enterprise from the date of the enactment of this Act. (3) Tribal member-owned retail enterprise.--If the tribal retail enterprise named in such a civil enforcement action is owned or operated by a member of an Indian tribe, then the civil action shall include requests for injunctive relief and civil penalties in the amount of 3 times the covered State taxes, as determined under section 4(b), owed by the tribal retail enterprise from the date of enactment of this Act. (d) Challenge to Compliance.-- (1) Information.-- (A) In general.--Any person, including but not limited to a State, that has information indicating that a tribe is not remitting the appropriate covered State tax to the Secretary under section 4(b), may submit such information to the Secretary. Not later than 30 days after receipt of such information, the Secretary shall commence an administrative action to determine the validity of this information. Such administrative action shall be concluded within 60 days. If, after this administrative action, the Secretary concludes that the tribal retail enterprise is in violation of this Act, then the Secretary shall issue a notice of violation under subsection (a). (B) Limitation.--The Secretary shall commence an administrative action under subparagraph (A) only if the information submitted by a person under subparagraph (A) directly relates to covered State tax amounts due as a result of the Secretary's action on a petition submitted under section 4(a). (2) Judicial review.--A person may challenge the Secretary's conclusions under this subsection by commencing an action in Federal district court; provided, that if the challenge is not sustained by the court, the challenging person shall be liable to the Secretary for attorney's fees and court costs.

Provides for the mediation of disputes between tribes and States under tribal-State agreements, with enforcement provisions. Allows any person with information that a tribe is not remitting appropriate covered State taxes to submit such information to the Secretary. Requires the Secretary to commence an administrative action for appropriate State relief. Provides for judicial review of determinations made by the Secretary.

Tribal-State Tax Fairness Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Depression in Preadolescent and Adolescent Girls and Women Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Depression is a common disabling disorder affecting more than 19,000,000 Americans per year. (2) Women are at least twice as likely as men to experience a major depressive episode within a lifetime. Although the risk for recurrence is the same for women and men, women are more likely to have a recurrence, and when they do, it is often at very critical times in their lives, such as new motherhood. (3) As with adult women, depression is almost twice as likely to be reported by female adolescents than by male adolescents. (4) Depression that begins in childhood and adolescence is likely to continue into adulthood and is associated with substantial morbidity and risk for suicide. However, there is evidence that childhood onset depression does not always continue into adulthood. (5) Prospective studies have established that the risk for depression increases for many women during adolescence and have suggested that indicated prevention efforts with high-risk females during adolescence may be a good time to intervene. (6) Suicide is the third leading cause of death among young women aged 15 to 24, and more than 9 out of 10 suicides can be linked to depression. (7) Although ethnic minority women experience rates of depression comparable to white women, they are at greater risk than white women of having their depression go unrecognized and inadequately treated. (8) It is important to note that low income populations are less likely to have their depression recognized and treated, and ethnic minority women disproportionately have incomes below the poverty line. (9) Symptom presentation of psychological distress may be influenced by culture. For example, degree of acculturation may be associated with depression rates for Latina and Asian/ Pacific Islander females. (10) Demonstrated by community prevalence rates, the number of women seeking treatment for depression represents only a portion of those who are depressed. Numerous barriers impede women from receiving needed treatment, including lack of consumer or provider knowledge about mental health symptoms and treatment, stigma, limited time and transportation, and issues regarding child and elder care. (11) Treatment interventions alone may not be sufficient to reduce the high prevalence of major depression in women. Experts recommend more emphasis on interventions that will prevent the onset of depression. (12) Social, cultural, and economic factors influence the prevention, development, diagnosis, and treatment of depression in women and therefore should be examined and integrated in prevention and treatment approaches as indicated. SEC. 3. PROGRAM AUTHORIZED. (a) In General.--The Secretary of Health and Human Services, in collaboration with the National Institutes of Health and the Human Resources and Services Administration, and other Federal officials determined appropriate by the Secretary, may award grants to develop, implement, and evaluate interventions to prevent and treat depression in preadolescent and adolescent girls and in women at-risk for depression in diverse populations. (b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used to-- (1) develop cultural and language appropriate brief screening measures or modify existing brief screening measures to assess for depression and other mental health problems for wide-scale use in community settings where the target population is commonly found, including schools, churches, day care centers, primary care and other health settings (Obstetrics/Gynecology and pediatric clinics), and public assistance and housing facilities; (2) establish programs to train educational and health professionals who work in community settings to screen the target population for depression and other mental health problems and make appropriate referrals for treatment; (3) develop effective strategies to educate the target population about depression, where to seek treatment, and how to reduce the stigma associated with depression to decrease barriers to treatment; and (4) develop, implement, and evaluate culturally appropriate strategies to prevent and treat depression in the target population. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006.

Preventing Depression in Preadolescent and Adolescent Girls and Women Act of 2002 - Directs the Secretary of Health and Human Services to award grants to develop, implement, and evaluate interventions to prevent and treat depression in preadolescent and adolescent girls and in women at-risk for depression in diverse populations.Permits grant funds to be used to: (1) develop screening measures for use in community centers; (2) train educational and health professionals; and (3) develop educational, prevention, and treatment strategies.

A bill to require the National Institutes of Mental Health and the Human Resources and Services Administration to award grants to prevent and treat depression.

SECTION 1. FINDINGS. Congress finds the following: (1) The First Special Service Force (the ``Force''), a military unit composed of volunteers from the United States and Canada, was activated in July 1942 at Fort Harrison near Helena, Montana. (2) The Force was initially intended to target military and industrial installations that were supporting the German war effort, including important hydroelectric plants, which would severely limit the production of strategic materials used by the Axis powers. (3) From July 1942 through June 1943, volunteers of the Force trained in hazardous, arctic conditions in the mountains of western Montana, and in the waterways of Camp Bradford, Virginia. (4) The combat echelon of the Force totaled 1,800 soldiers, half from the United States and half from Canada. (5) The Force also contained a service battalion, composed of 800 members from the United States, that provided important support for the combat troops. (6) A special bond developed between the Canadian and United States soldiers, who were not segregated by country, although the commander of the Force was a United States colonel. (7) The Force was the only unit formed during World War II that consisted of troops from Canada and the United States. (8) In October 1943, the Force went to Italy, where it fought in battles south of Cassino, including Monte La Difensa and Monte Majo, two mountain peaks that were a critical anchor of the German defense line. (9) During the night of December 3, 1943, the Force ascended to the top of the precipitous face of Monte La Difensa, where the Force suffered heavy casualties and overcame fierce resistance to overtake the German line. (10) After the battle for La Difensa, the Force continued to fight tough battles at high altitudes, in rugged terrain, and in severe weather. (11) After battles on the strongly defended Italian peaks of Sammucro, Vischiataro, and Remetanea, the size of the Force had been reduced from 1,800 soldiers to fewer than 500. (12) For 4 months in 1944, the Force engaged in raids and aggressive patrols at the Anzio Beachhead. (13) On June 4, 1944, members of the Force were among the first Allied troops to liberate Rome. (14) After liberating Rome, the Force moved to southern Italy and prepared to assist in the liberation of France. (15) During the early morning of August 15, 1944, members of the Force made silent landings on Les Iles D'Hyeres, small islands in the Mediterranean Sea along the southern coast of France. (16) The Force faced a sustained and withering assault from the German garrisons as the Force progressed from the islands to the Franco-Italian border. (17) After the Allied forces secured the Franco-Italian border, the United States Army ordered the disbandment of the Force on December 5, 1944, in Nice, France. (18) During 251 days of combat, the Force suffered 2,314 casualties, or 134 percent of its authorized strength, captured thousands of prisoners, won 5 United States campaign stars and 8 Canadian battle honors, and never failed a mission. (19) The United States is forever indebted to the acts of bravery and selflessness of the troops of the Force, who risked their lives for the cause of freedom. (20) The efforts of the Force along the seas and skies of Europe were critical in repelling the advance of Nazi Germany and liberating numerous communities in France and Italy. (21) The bond between the members of the Force from the United States and those from Canada has endured over the decades, as the members meet every year for a reunion, alternating between the United States and Canada. (22) The traditions and honors exhibited by the Force are carried on by 2 outstanding active units of 2 great democracies, the Special Forces of the United States and the Canadian Special Operations Regiment. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a gold medal of appropriate design to the First Special Service Force, collectively, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award of Medal.--Following the award of the gold medal in honor of the First Special Service Force under subsection (a), the medal shall be given to the First Special Service Force Association in Helena, Montana, where it shall be available for display or temporary loan to be displayed elsewhere, particularly at other appropriate locations associated with the First Special Service Force, including Fort William Henry Harrison in Helena, Montana. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses, and amounts received from the sale of such duplicates shall be deposited in the United States Mint Public Enterprise Fund. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a gold medal to the First Special Service Force (a joint American-Canadian volunteer unit), collectively, in recognition of their World War II service. Requires the awarded medal to be given to the First Special Service Force Association in Helena, Montana, for display or temporary loan for display elsewhere, including at Fort William Henry Harrison in Helena. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates with proceeds deposited in the U.S. Mint Public Enterprise Fund. Declares that medals struck under this Act are national medals for purposes of specified coins and currency provisions.

A bill to grant the Congressional Gold Medal, collectively, to the First Special Service Force, in recognition of its superior service during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Disability and Victims of Landmines, Civil Strife and Warfare Assistance Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following finding: (1)(A) According to the International Committee of the Red Cross, there are tens of millions of landmines in over 60 countries around the world, and it has estimated that as many as 24,000 people are maimed or killed each year by landmines, mostly civilians, resulting in amputations and disabilities of various kinds. (B) While the United States Government invests more than $100,000,000 in mine action programs annually, including funding for mine awareness and demining training programs, only about ten percent of these funds go to directly aid landmine victims. (C) The Patrick Leahy War Victims Fund, administered by the United States Agency for International Development, has provided essential prosthetics and rehabilitation for landmine and other war victims in developing countries who are disabled and has provided long-term sustainable improvements in quality of life for victims of civil strife and warfare, addressing such issues as barrier-free accessibility, reduction of social stigmatization, and increasing economic opportunities. (D) Enhanced coordination is needed among Federal agencies that carry out assistance programs in foreign countries for victims of landmines and other victims of civil strife and warfare to make better use of interagency expertise and resources. (2) According to a review of Poverty and Disability commissioned by the World Bank, ``disabled people have lower education and income levels than the rest of the population. They are more likely to have incomes below poverty level than the non-disabled population, and they are less likely to have savings and other assets . . . [t]he links between poverty and disability go two ways--not only does disability add to the risk of poverty, but conditions of poverty add to the risk of disability.''. (3) Numerous international human rights conventions and declarations recognize the need to protect the rights of individuals regardless of their status, including those individuals with disabilities, through the principles of equality and non-discrimination. (b) Purpose.--The purpose of this Act is to authorize assistance for individuals with disabilities, including victims of landmines and other victims of civil strife and warfare. SEC. 3. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 134 the following: ``SEC. 135. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE. ``(a) Authorization.--The President is authorized to furnish assistance to individuals with disabilities, including victims of civil strife and warfare, in foreign countries. ``(b) Activities.--The programs established pursuant to subsection (a) may include programs, projects, and activities such as the following: ``(1) Development of local capacity to provide medical and rehabilitation services for individuals with disabilities, including victims of civil strife and warfare, in foreign countries, such as-- ``(A) support for and training of medical professionals, including surgeons, nurses, and physical therapists, to provide effective emergency and other medical care and for the development of training manuals relating to first aid and other medical treatment; ``(B) support for sustainable prosthetic and orthotic services; and ``(C) psychological and social rehabilitation of such individuals, together with their families as appropriate, for the reintegration of such individuals into local communities. ``(2) Support for policy reform and educational efforts related to the needs and abilities of individuals with disabilities, including victims of civil strife and warfare. ``(3) Coordination of programs established pursuant to subsection (a) with existing programs for individuals with disabilities, including victims of civil strife and warfare, in foreign countries. ``(4) Support for establishment of appropriate entities in foreign countries to coordinate programs, projects, and activities related to assistance for individuals with disabilities, including victims of civil strife and warfare. ``(5) Support for primary, secondary, and vocational education, public awareness and training programs and other activities that help prevent war-related injuries and assist individuals with disabilities, including victims of civil strife and warfare, with their reintegration into society and their ability to make sustained social and economic contributions to society. ``(c) Priority.--To the maximum extent feasible, assistance under this section shall be provided through nongovernmental organizations, and, as appropriate, through governments to establish appropriate norms, standards, and policies related to rehabilitation and issues affecting individuals with disabilities, including victims of civil strife and warfare. ``(d) Funding.--Amounts made available to carry out the other provisions of this part (including chapter 4 of part II of this Act) and the Support for East European Democracy (SEED) Act of 1989 are authorized to be made available to carry out this section and are authorized to be provided notwithstanding any other provision of law.''. SEC. 4. RESEARCH, PREVENTION, AND ASSISTANCE RELATED TO INTERNATIONAL DISABILITIES AND LANDMINE AND OTHER WAR VICTIMS. (a) Authorization.-- (1) In general.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, is authorized-- (A) to conduct programs in foreign countries related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare; (B) to provide grants to nongovernmental organizations for the purpose of carrying out research, prevention, public awareness and assistance programs in foreign countries related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare. (2) Approval of secretary of state.--Activities under programs established pursuant to paragraph (1) may be carried out in foreign countries only in coordination with the Administrator of the United States Agency for International Development, and upon approval for such activities in such countries by the Secretary of State. (b) Activities.--Programs established pursuant to subsection (a) may include the following activities: (1) Research on trauma, physical, psychological, and social rehabilitation, and continuing medical care related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare, including-- (A) conducting research on psychological and social factors that lead to successful recovery; (B) developing, testing, and evaluating model interventions that reduce post-traumatic stress and promote health and well-being; (C) developing basic instruction tools for initial medical response to traumatic injuries; and (D) developing basic instruction manuals for patients and healthcare providers, including for emergency and follow-up care, proper amputation procedures, and reconstructive surgery. (2) Facilitation of peer support networks for individuals with disabilities, including victims of landmines and other victims of civil strife and warfare, in foreign countries, including-- (A) establishment of organizations at the local level, administered by such individuals, to assess and address the physical, psychological, economic and social rehabilitation and other needs of such individuals, together with their families as appropriate, for the purpose of economic and social reintegration into local communities; and (B) training related to the implementation of such peer support networks, including training of outreach workers to assist in the establishment of organizations such as those described in subparagraph (A) and assistance to facilitate the use of the networks by such individuals. (3) Sharing of expertise from limb-loss and disability research centers in the United States with similar centers and facilities in war-affected countries, including promoting increased health for individuals with limb loss and limb deficiency and epidemiological research on secondary medical conditions related to limb loss and limb deficiency. (4) Developing a database of best practices to address the needs of the war-related disabled through comprehensive examination of support activities related to such disability and access to medical care and supplies. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this section such sums as may be necessary for each of fiscal years 2003 through 2004. SEC. 5. EXPERTISE OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs is authorized-- (1) to provide advice and expertise on prosthetics, orthotics, physical and psychological rehabilitation and treatment, and disability assistance to other Federal departments and agencies, including providing for temporary assignment on a non-reimbursable basis of appropriate Department of Veterans Affairs personnel, with respect to the implementation of programs to provide assistance to victims of landmines and other victims of civil strife and warfare in foreign countries and landmine research and health-related programs, including programs established pursuant to section 135 of the Foreign Assistance Act of 1961 (as added by section 3 of this Act) and programs established pursuant to section 4 of this Act; and (2) to provide technical assistance to private voluntary organizations on a reimbursable basis with respect to the planning, development, operation, and evaluation of such landmine assistance, research, and prevention programs. Passed the Senate September 13, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 1777 _______________________________________________________________________ AN ACT To authorize assistance for individuals with disabilities in foreign countries, including victims of landmines and other victims of civil strife and warfare, and for other purposes.

International Disability and Victims of Landmines, Civil Strife and Warfare Assistance Act of 2002 - (Sec. 3) Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to individuals with disabilities, including victims of civil strife and warfare, in foreign countries. Requires such assistance, to the maximum extent feasible, to be provided through non-governmental organizations, and, as appropriate, through governments to establish norms, standards, and policies related to rehabilitation and issues affecting such individuals. Provides funding, including certain amounts made available to carry out the Support for East European Democracy (SEED) Act of 1989.(Sec. 4) Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) conduct programs in foreign countries related to individuals with disabilities, including victims of land mines and other victims of civil strife and warfare; and (2) provide grants to nongovernmental organizations for carrying out research, prevention, public awareness, and assistance programs for such individuals. Allows such activities to be carried out in foreign countries only in coordination with the Administrator of the United States Agency for International Development, and upon approval by the Secretary of State.Authorizes appropriations for FY 2003 through 2004.(Sec. 5) Authorizes the Secretary of Veterans Affairs to provide: (1) advice and expertise on prosthetics, orthotics, physical and psychological rehabilitation and treatment, and disability assistance to other Federal agencies with respect to assistance programs for such individuals; and (2) technical assistance to private voluntary organizations with respect to the planning, development, operation, and evaluation of such land mine assistance, research, and prevention programs.

A bill to authorize assistance for individuals with disabilities in foreign countries, including victims of landmines and other victims of civil strife and warfare, and for other purposes.

SECTION 1. PURPOSES AND DEFINITIONS. (a) Purposes.--The purposes of this Act are-- (1) to direct the conveyance of approximately 44 acres, more or less, of federally owned land administered by the Agricultural Research Service to the City of Ames, Iowa; and (2) to authorize the use of the funds derived from the conveyance to purchase replacement land and for other purposes relating to the National Animal Disease Center. (b) Definitions.--In this Act: (1) City.--The term ``City'' means the City of Ames, Iowa, and its assigns. (2) Property.--The term ``Property'' means approximately 44 acres, more or less, of the federally owned land comprising part of the National Animal Disease Center, which-- (A) was acquired by the United States in 1951 within sec. 1, T. 83 N., R. 24 W., Fifth Principal Meridian; and (B) is generally located on 13th Street in the City. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 2. PROPERTY CONVEYANCE. (a) In General.--On receipt of the consideration and cost reimbursement provided in this Act, the Secretary shall convey and quitclaim to the City, all rights, title, and interests of the United States in the Property subject to easements and rights of record and such other reservations, terms, and conditions as the Secretary may prescribe. (b) Consideration.-- (1) In general.--As consideration for the conveyance authorized by this Act, the City shall pay to the Secretary an amount in cash equal to the market value of the Property. (2) Appraisal.-- (A) In general.--To determine the market value of the Property, the Secretary shall have the Property appraised for the highest and best use of the Property in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. (B) Requirements.--The appraisal shall be subject to review and approval by the Secretary, and the approved appraisal shall at all times be the Property of the United States. (c) Corrections.--With the agreement of the City, the Secretary may make minor corrections or modifications to the legal description of the Property or configure the Property to facilitate conveyance. (d) Costs.-- (1) In general.--Except as provided in paragraph (2), the City shall at closing pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative costs incurred by the Secretary associated with the conveyance authorized by this Act, including personnel costs directly attributable to the transaction, and the transactional costs of appraisal, survey, title review, hazardous substances examination, and closing costs. (2) Attorneys' fees.--The City and the Secretary shall each bear their own attorneys' fees. (e) Hazardous Materials.-- (1) In general.--For the conveyance authorized by this Act, the Secretary shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate those substances or any other hazardous pollutants, contaminants, or waste that might be present on the Property at the time of closing. (2) Lead-based paint or asbestos-containing building materials.-- (A) In general.--Notwithstanding any provision of law relating to the mitigation or abatement of lead- based paint or asbestos-containing building materials and except as provided in subparagraph (B), the Secretary shall not be required to mitigate or abate any lead-based paint or asbestos-containing building materials present on the Property at the time of closing. (B) Requirements.--If the Property has lead-based paint or asbestos-containing building materials, the Secretary shall-- (i) provide notice to the City of the presence of the lead-based paint or asbestos- containing building materials; and (ii) obtain written assurance from the City that the City will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials. (f) Other Terms.--The Secretary and the City may agree on such additional terms as may be mutually acceptable and that are not inconsistent with the provisions of this Act. SEC. 3. RECEIPTS. (a) In General.--The Secretary shall deposit all funds received from the conveyance authorized under this Act, including the market value consideration and the reimbursement for costs, into the Treasury of the United States to be credited to the appropriation for the Agricultural Research Service. (b) Use of Funds.--Notwithstanding any limitation in applicable appropriation Acts for the Department of Agriculture or the Agricultural Research Service, all funds deposited into the Treasury pursuant to subsection (a) shall-- (1) be available to the Secretary until expended, without further appropriation, for the acquisition of land and interests in land and other related purposes of the National Animal Disease Center; and (2) be considered to authorize the acquisition of land for the purposes of section 11 of the Act of August 3, 1956 (7 U.S.C. 428a).

Requires conveyance of approximately 44 acres of federally owned land administered by the Agricultural Research Service which comprises part of the National Animal Disease Center (the property) in the city of Ames, Iowa, to the city of Ames and its assigns. Requires the city: (1) to pay to the Secretary of Agriculture (USDA) the market value of the property, to be determined by an appraisal; and (2) at closing, to pay or reimburse the reasonable transaction and administrative costs associated with the conveyance incurred by the Secretary. Requires the city and the Secretary to bear their own attorneys fees. Requires the Secretary to meet disclosure requirements for hazardous substances, but to otherwise not be required to remediate or abate such substances or any other hazardous pollutants, contaminants, or waste that might be present on the property at the time of closing.

A bill to direct the Secretary of Agriculture to convey certain Federally owned land located in Story County, Iowa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Sunset and Review Act of 1995''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To require agencies to regularly review their regulations and make recommendations to terminate, continue in effect, modify, or consolidate those regulations. (2) To require agencies to submit those recommendations to the Administrator of the Office of Information and Regulatory Affairs and to the Congress. (3) To provide for the automatic termination of regulations that are not continued in effect after such review. (4) To designate a Regulatory Review Officer within each agency, who is responsible for the implementation of this Act by the agency. SEC. 3. REVIEW AND TERMINATION OF REGULATIONS. (a) In General.--Except as provided in subsection (c), the effectiveness of a regulation issued by an agency shall terminate on the applicable termination date under subsection (b), and the regulation shall have no force or effect after that termination date, unless the head of the agency-- (1) reviews the regulation in accordance with section 4; (2) after the review, and at least 120 days before that termination date, submits in accordance with section 5(a) a preliminary report on the findings and proposed recommendations of that review in accordance with section 5(a)(2); (3) reviews and considers comments regarding the preliminary report that are transmitted to the agency by the Administrator and appropriate committees of the Congress during the 60-day period beginning on the date of submission of the preliminary report; and (4) after the 60-day period beginning on the date of submission of the preliminary report to the Congress, but not later than 60 days before that termination date, submits to the President, the Administrator, and the Congress, and publishes in the Federal Register-- (A) a final report on the review under section 4 in accordance with section 5(a)(3), and (B) a notice extending the effectiveness of the regulation, with or without modifications, as of the end of the 60-day period beginning on the date of that publication. (b) Termination Dates.--For purposes of subsection (a), the termination date of a regulation is as follows: (1) Existing regulations.--For a regulation in effect on the date of the enactment of the Act, the termination date is the last day of the 7-year period beginning on the date of the enactment of this Act. (2) New regulations.--For a regulation that first takes effect after the date of the enactment of this Act, the termination date is the last day of the 5-year period beginning on the date the regulation takes effect. (3) Regulations continued in effect.--For a regulation the effectiveness of which is extended under subsection (a), the termination date is the last day of the 7-year period beginning on the date of publication of a notice under subsection (a)(4) for that extension. (c) Temporary Extension.--The termination date under subsection (b) for a regulation may be delayed by not more than 6 months by the head of the agency that issued the regulation if the agency head submits to the Congress and publishes in the Federal Register a preliminary report that describes modifications that should be made to the regulation. (d) Relationship to Other Law.--Section 553 of title 5, United States Code, shall not apply to the extension or modification of a regulation in accordance with this Act. SEC. 4. REVIEW OF REGULATIONS BY AGENCY. (a) In General.--The head of each agency shall, under the criteria set forth in subsection (b)-- (1) conduct thorough and systematic reviews of all regulations issued by the agency to determine if those regulations are obsolete, inconsistent, or duplicative or impede competition; and (2) issue reports on the findings of those reviews, which contain recommendations for-- (A) terminating or extending the effectiveness of those regulations; (B) any appropriate modifications to a regulation recommended to be extended; or (C) any appropriate consolidations of regulations. (b) Criteria for Review.--The head of an agency shall review, make recommendations, and terminate or extend the effectiveness of a regulation under this section under the following criteria: (1) The extent to which the regulation is outdated, obsolete, or unnecessary. (2) The extent to which the regulation or information required to comply with the regulation duplicates, conflicts with, or overlaps requirements under regulations of other agencies. (3) The extent to which the regulation impedes competition. (4) Whether the benefits to society from the regulation exceed the costs to society from the regulation. (5) Whether the regulation is based on adequate and correct information. (6) Whether the regulation is worded as simply and clearly as possible. (7) Whether the most cost-efficient alternative was chosen in the regulation to achieve the objective of the regulation. (8) The extent to which information requirements under the regulation can be reduced, particularly for small businesses. (9) Whether the regulation is fashioned to maximize net benefits to society. (10) Whether the regulation is clear and certain regarding who is required to comply with the regulation. (11) Whether the regulation maximizes the utility of market mechanisms to the extent feasible. (12) Whether the condition of the economy and of regulated industries is considered. (13) Whether the regulation imposes on the private sector the minimum economic burdens necessary to achieve the purposes of the regulation. (14) Whether the total effect of the regulation across agencies has been examined. (15) Whether the regulation is crafted to minimize needless litigation. (16) Whether the regulation is necessary to protect the health and safety of the public. (17) Whether the regulation has resulted in unintended consequences. (18) Whether performance standards or other alternatives were utilized to provide adequate flexibility to the regulated industries. (c) Requirement to Solicit Comments From the Public and Private Sector.--In reviewing regulations under this section, the head of an agency shall publish in the Federal Register a solicitation of comments from the public (including the private sector) regarding the application of the criteria set forth in subsection (b) to the regulation, and shall consider such comments, before making determinations under this section and sending a report under section 5(a) regarding a regulation. SEC. 5. AGENCY REPORTS. (a) Preliminary and Final Reports on Reviews of Regulations.-- (1) In general.--The head of an agency shall submit to the President, the Administrator, and the Congress and publish in the Federal Register a preliminary report and a final report for each review of a regulation under section 4. (2) Preliminary report.--A preliminary report shall contain-- (A) specific findings of the agency regarding-- (i) application of the criteria set forth in section 4(b) to the regulation; (ii) the need for the function of the regulation; and (iii) whether the regulation duplicates functions of another regulation; and (B) proposed recommendations on whether-- (i) the effectiveness of the regulation should terminate or be extended; (ii) the regulation should be modified; and (iii) the regulation should be consolidated with another regulation. (3) Final report.--A final report on the findings and recommendations of the agency head regarding extension of the effectiveness of the regulation and any appropriate modifications to the regulation shall include-- (A) a full justification of the decision to extend and, if applicable, modify the regulation; and (B) the basis for all determinations made with respect to that extension or modification under the criteria set forth in section 4(b). (b) Report on Schedule for Reviewing Existing Regulations.--Not later than 100 days after the date of the enactment of this Act, and on or before March 1, annually thereafter, the head of each agency shall submit to the Administrator and the Congress and publish in the Federal Register a report stating a schedule for the review of regulations in accordance with this Act. The schedule shall identify the review actions intended to be conducted during the calendar year in which such report is submitted. SEC. 6. FUNCTIONS OF ADMINISTRATOR. (a) In General.--The Administrator shall-- (1) review and evaluate each report submitted by the head of an agency under section 5(a), regarding-- (A) the quality of the analysis in the reports; (B) whether the agency has properly applied the criteria set forth in section 4(b); and (C) the consistency of the agency action with actions of other agencies; and (2) transmit to the head of the agency the recommendations of the Administrator regarding the report. (b) Guidance.--The Administrator shall provide guidance to agencies on the conduct of reviews and the preparation of reports under this Act. SEC. 7. DESIGNATION OF AGENCY REGULATORY REVIEW OFFICERS. (a) In General.--The head of each agency shall designate an officer of the agency as the Regulatory Review Officer of the agency. (b) Functions.--The Regulatory Review Officer of an agency shall-- (1) be responsible for the implementation of this Act by the agency; and (2) report directly to the head of the agency with respect to that responsibility. SEC. 8. JUDICIAL REVIEW. (a) Limitation of Action.--Notwithstanding any other provision of law, an action seeking judicial review of an agency action under this Act extending, terminating, modifying, or consolidating a regulation shall not be brought after the 30-day period beginning on the date of the publication of a notice under section 3(a)(4) for that action. (b) Scope of Review.--Agency compliance or noncompliance with the provisions of this Act shall be subject to judicial review only pursuant to section 706(1) of title 5, United States Code. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Office. (2) Agency.--The term ``agency'' has the meaning given that term in section 551(1) of title 5, United States Code. (3) Appropriate committee of the congress.--The term ``appropriate committee of the Congress'' means with respect to a regulation each standing committee of the Congress having authority under the rules of the House of Representatives or the Senate to report a bill to enact or amend the provision of law under which the regulation is issued. (4) Office.--The term ``Office'' means the Office of Information and Regulatory Affairs in the Office of Management and Budget. (5) Regulation.--The term ``regulation'' means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy, other than such a statement to carry out a routine administrative function of an agency.

Regulatory Sunset and Review Act of 1995 - Provides that the effectiveness of a regulation issued by a Federal agency shall terminate on the applicable termination date (specified in this Act) unless the head of the agency: (1) reviews the regulation; (2) submits a preliminary report on findings and proposed recommendations; (3) reviews and considers comments regarding the preliminary report that are transmitted to the agency by the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget and by appropriate congressional committees; and (4) submits to the President, the Administrator, and the Congress and publishes a final report on the review and a notice extending the effectiveness of the regulation, with or without modifications, within a specified time frame. Sets forth termination dates of regulations (seven years after this Act's enactment for existing regulations, three years after the regulation takes effect for new regulations, and seven years after publication of a notice for an extension for a regulation that is extended under this Act). Provides for temporary extensions. Requires the head of each agency to: (1) conduct thorough and systematic reviews of all regulations issued by the agency to determine if those regulations are obsolete, inconsistent, or duplicative or impede competition; (2) issue reports on the findings of those reviews, with recommendations for terminating, extending, modifying, or consolidating regulations; and (3) solicit comments from the public (including the private sector) before making determinations and sending a report regarding a regulation. Sets forth provisions regarding: (1) criteria for review; (2) preliminary and final reports on reviews of regulations; (3) reports on the schedule for reviewing existing regulations; (4) functions of the Administrator; (5) designation of agency Regulatory Review Officers; and (6) judicial review.

Regulatory Sunset and Review Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hart Mountain Transfer Act of 1998''. SEC. 2. TRANSFERS OF ADMINISTRATIVE JURISDICTION OVER PARCELS OF LAND ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT AND THE UNITED STATES FISH AND WILDLIFE SERVICE. (a) Transfer From the Bureau of Land Management to the United States Fish and Wildlife Service.-- (1) In general.--Administrative jurisdiction over the parcels of land identified for transfer to the United States Fish and Wildlife Service on the map entitled ``Hart Mountain Jurisdictional Transfer'', dated February 26, 1998, comprising approximately 12,100 acres of land in Lake Country, Oregon, located adjacent to or within the Hart Mountain National Antelope Refuge, is transferred from the Bureau of Land Management to the United States Fish and Wildlife Service. (2) Inclusion in refuge.--The parcels of land described in paragraph (1) shall be included in the Hart Mountain National Antelope Refuge. (3) Withdrawal.--Subject to valid existing rights, the parcels of land described in paragraph (1)-- (A) are withdrawn from-- (i) surface entry under the public land laws; (ii) leasing under the mineral leasing laws and Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and (iii) location under the mining laws; and (B) shall be treated as parcels of land subject to the provisions of Executive Order No. 7523 of December 21, 1936, as amended by Executive Order No. 7895 of May 23, 1938, and Presidential Proclamation No. 2416 of July 25, 1940, that withdrew parcels of land for the Hart Mountain National Antelope Refuge. (4) Management.--The land described in paragraph (1) shall be included in the Hart Mountain National Antelope Refuge and managed in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), and other applicable law, as expressed in management plans and agreements between the Bureau of Land Management and the United States Fish and Wildlife Service for the Hart Mountain Refuge. (b) Continued Management of Guano Creek Wilderness Study Area by the Bureau of Land Management.-- (1) In general.--The parcels of land identified for cooperative management on the map entitled ``Hart Mountain Jurisdictional Transfer'', dated February 26, 1998, comprising approximately 10,900 acres of land in Lake County, Oregon, located south of the Hart Mountain National Antelope Refuge, shall be retained under the jurisdiction of the Bureau of Land Management. (2) Management.--The parcels of land described in paragraph (1) that are within the Guano Creek Wilderness Study Area as of the date of enactment of this Act shall be managed to maintain the values for which the Wilderness Study Area was designated, in accordance with current and future management plans and agreements, including the agreement known as the ``Shirk Ranch Agreement'' and any amendments to that agreement. (c) Transfer From the United States Fish and Wildlife Service to the Bureau of Land Management.-- (1) In general.--Administrative jurisdiction over the parcels of land identified for transfer to the Bureau of Land Management on the map entitled ``Hart Mountain Jurisdictional Transfer'', dated February 26, 1998, comprising approximately 7,700 acres of land in Lake County, Oregon, located adjacent to or within the Hart Mountain National Antelope Refuge, is transferred from the United States Fish and Wildlife Service to the Bureau of Land Management. (2) Removal from refuge.--The parcels of land described in paragraph (1) are removed from the Hart Mountain National Antelope Refuge. (3) Revocation of withdrawal.--The provisions of Executive Order No. 7523 of December 21, 1936, as amended by Executive Order No. 7895 of May 23, 1938, and Presidential Proclamation No. 2416 of July 25, 1940, that withdrew the parcels of land for the refuge, shall be of no effect with respect to the parcels of land described in paragraph (1). (4) Status.--The parcels of land described in paragraph (1)-- (A) are designated as public land; and (B) shall be open to-- (i) surface entry under the public land laws; (ii) leasing under the mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and (iii) location and entry under the mining laws. (5) Management.--The land described in paragraph (1) shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law, and the agreement known as the ``Shirk Ranch Agreement'' and any amendments to that agreement. (d) Map.--A copy of the map described in subsections (a), (b), and (c) and such additional legal descriptions as are applicable shall be kept on file and available for public inspection in the Office of the Regional Director of Region 1 of the United States Fish and Wildlife Service, the local District Office of the Bureau of Land Management, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives.

Hart Mountain Transfer Act of 1998 - Transfers administrative jurisdiction over certain lands in Lake County, Oregon, located adjacent to or within the Hart Mountain National Antelope Refuge from the Bureau of Land Management (BLM) to the U.S. Fish and Wildlife Service. Includes transferred lands within the Refuge. Requires the BLM to retain jurisdiction over certain lands located south of the Refuge identified for cooperative management. Requires such lands that are within the Guano Creek Wilderness Study Area to be managed to maintain the values for which the Area was designated. Transfers administrative jurisdiction over other specified lands adjacent to or within the Refuge from the Fish and Wildlife Service to the BLM. Removes such lands from the Refuge and designates them as public lands.

Hart Mountain Transfer Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Los Angeles River Revitalization Act''. SEC. 2. LOS ANGELES RIVER REVITALIZATION, CALIFORNIA. (a) Definitions.--In this section: (1) City.--The term ``City'' means the city of Los Angeles, California. (2) Secretary.--The term ``Secretary'' means the Secretary of the Army. (b) Revitalization Plan.-- (1) In general.--The Secretary, in coordination with the City and in consultation with appropriate Federal, State, regional, and local agencies, shall-- (A) prepare a project-specific plan for the revitalization of the Los Angeles River that is consistent with the goals of the Los Angeles River Revitalization Master Plan published by the City; and (B) submit the plan to Congress by not later than 3 years after the date on which funds are appropriated to carry out this subsection. (2) Contents.--The plan under paragraph (1) shall-- (A) address environmental restoration, recreational, water conservation, flood control, economic development, and other uses of the Los Angeles River; and (B) include-- (i) a feasibility report with respect to the implementation of the plan; and (ii) a project-specific environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to each proposed Federal action under the plan. (3) Use of existing information and measures.--In preparing and implementing the plan under paragraph (1), the Secretary shall use, to the maximum extent practicable-- (A) information that is available as of the date of enactment of this Act; (B) information developed under the pilot projects under subsection (c); and (C) any measure being carried out as of the date of enactment of this Act by a participating agency. (4) Agreement.-- (A) In general.--The Secretary shall offer to enter into a binding agreement with the City and any other non-Federal sponsor to carry out the plan under paragraph (1). (B) Non-federal share.-- (i) In general.--The agreement under subparagraph (A) shall include cost-sharing provisions under which the City and any other non-Federal sponsor shall pay not less than 50 percent of the total costs of carrying out the plan under paragraph (1). (ii) Form.--The non-Federal share under clause (i) may be provided in cash or in-kind. (iii) Credit for previously developed information.--In calculating the non-Federal share under clause (i), the Secretary shall provide to the City a credit in the amount of the cost of developing any information used under paragraph (3)(A). (5) Alternatives.-- (A) In general.--The Secretary, in coordination with the City, may recommend, through a full and open evaluation process, any locally-preferred project as an alternative to a measure proposed in the plan under paragraph (1). (B) Inclusion in feasibility report and eis.--Each recommended locally-preferred project under subparagraph (A) shall be included in the feasibility report or an environmental impact statement or analysis, as appropriate, under paragraph (2)(B). (6) Report to congress.--The Secretary shall submit to Congress a report describing the implementation and results of the plan under paragraph (1) as soon as practicable after the date on which the plan is carried out. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $4,000,000. (c) Pilot Projects.-- (1) In general.--The Secretary is authorized to construct, at any time, any pilot project described in paragraph (2) in order to provide information to develop, or to carry out, the revitalization plan under subsection (b)(1). (2) Description of projects.--A pilot project referred to in paragraph (1) is a pilot project for the revitalization of the Los Angeles River, including-- (A) a channel wall texturing or other aesthetic treatment construction project; (B) a flood control system that incorporates an in- channel temporary dam to pond water for environmental or aesthetic purposes; (C) a graffiti removal or control construction project; or (D) a wetlands or riparian habitat restoration demonstration project. (3) Agreements.-- (A) In general.--The Secretary shall offer to enter into a binding agreement with the City and any other non-Federal sponsor to carry out each pilot project under paragraph (1) under which the City and any other non-Federal sponsor shall agree-- (i) to pay at least 35 percent of the total costs of the pilot project; (ii) to acquire any land, easement, right- of-way, relocation, or dredged material disposal area required to carry out the pilot project; and (iii) to hold the United States harmless for any claim or damage that arises in carrying out the pilot project, except for a claim or damage arising from the negligence of an officer or contractor of the United States. (B) Non-federal share.-- (i) Form.--The non-Federal share under subparagraph (A)(i) may be provided in cash or in-kind. (ii) Credits.-- (I) In general.--In calculating the non-Federal share under clause (i), the Secretary shall provide to the City and any other non-Federal sponsor a credit (including an in-kind credit) in an amount that reflects-- (aa) the value of any land, easement, right-of-way, relocation, or dredged material disposal area provided by the City and any other non-Federal sponsor in carrying out the applicable pilot project; and (bb) the reasonable cost of any work performed in connection with a study, preconstruction engineering and design project, or construction project required to carry out the revitalization plan under subsection (b)(1). (II) Use.--A credit provided under this clause may be used for any pilot project under this subsection. (4) Priority.--The Secretary, in consultation with the City, shall assign a priority to each pilot project under this subsection. (5) Federal share.--Subject to subsection (e), the Federal share of a pilot project under this subsection shall not exceed $5,000,000. (6) Report to congress.--The Secretary shall submit to Congress a report describing each pilot project carried out under this subsection as soon as practicable after the date on which the pilot project is completed. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $35,000,000. (d) Water Reuse Project.--Section 219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 117 Stat. 1836, 1838, 1841, 1844; 119 Stat. 2255) is amended-- (1) by striking ``Charleston, south carolina.--$5,000,000'' and inserting the following: ``(72) Charleston, south carolina.--$5,000,000''; (2) by redesignating the second paragraph (71) and each subsequent paragraph as paragraphs (73) through (77), respectively; (3) in paragraph (75) (as redesignated by paragraph (2))-- (A) by striking ``(75) $6,430,000'' and inserting the following: ``(75) Indianapolis, indiana.--$6,430,000''; and (B) by striking the semicolon at the end and inserting a period; and (4) by adding at the end the following: ``(78) Los angeles river, los angeles, california.-- $40,000,000 for a water reuse project, including measures for environmental restoration and revitalization of the Los Angeles River within the City of Los Angeles, California.''. (e) Maximum Cost of Projects.--Each project carried out under the revitalization plan under subsection (b), and each pilot project carried out under subsection (c), shall be subject to section 902 of the Water Resources Development Act of 1986 (100 Stat. 4183).

Los Angeles River Revitalization Act - Directs the Secretary of the Army, in coordination with the City of Los Angeles, to submit a project-specific plan for the revitalization of the Los Angeles River that is consistent with the goals of the Los Angeles River Revitalization Master Plan. Directs the Secretary to offer to enter into a binding agreement with the City and any other non-federal sponsor to carry out the plan and to pay at least 50% of the costs. Authorizes the Secretary to recommend any locally-preferred project as an alternative to a measure proposed in the plan. Requires each such project to be included in the feasibility report or in an environmental impact statement or analysis. Authorizes the Secretary to construct a pilot project to provide information to develop the plan. Directs the Secretary to: (1) offer to enter into a binding agreement with the City and any other non-federal sponsor to carry out each such pilot project and to pay at least 35% of the costs; and (2) assign a priority to each project. Amends the Water Resources Development Act of 1992 to authorize appropriations for a Los Angeles River water reuse project, including measures for environmental restoration and revitalization.

A bill to revitalize the Los Angeles River, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Governance Reform Act of 2009''. SEC. 2. INDEPENDENCE OF CHAIRMAN OF THE BOARD. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 10A the following new section: ``SEC. 10B. INDEPENDENCE OF CHAIRMAN OF THE BOARD. ``(a) Independence Requirement.--The chairman of the board of directors of an issuer shall be independent. ``(b) Prohibition on Service as Executive Officer.--An individual may not serve as an executive officer of an issuer while serving as the chairman of the board of directors of such issuer.''. SEC. 3. RISK MANAGEMENT COMMITTEE. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), as amended, is further amended by inserting after section 10B the following new section: ``SEC. 10C. RISK MANAGEMENT. ``(a) Risk Management Committee.-- ``(1) Independence required.--Each member of the risk management committee of an issuer shall be independent. ``(2) Duties.--The risk management committee of an issuer shall periodically review the risk management policies of the issuer. ``(b) Chief Risk Officer.--Each issuer shall have a chief risk officer who shall-- ``(1) establish, evaluate, and enforce the risk management policies and procedures of the issuer; and ``(2) report directly to the risk management committee.''. (b) Definition.--Section 3(a) of the Securities Exchange Act (15 U.S.C. 78c(a)) is amended by adding at the end the following: ``(65) Risk management committee.--The term `risk management committee' means-- ``(A) a committee (or equivalent body) established by and amongst the board of directors of an issuer for the purpose of overseeing the risk management policies and procedures of the issuer; and ``(B) if no such committee exists with respect to an issuer, the entire board of directors of the issuer.''. SEC. 4. COMPENSATION COMMITTEE. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), as amended, is further amended by inserting after section 10C the following new section: ``SEC. 10D. COMPENSATION COMMITTEE. ``(a) Independence Required.--Each member of the compensation committee of an issuer shall be independent. ``(b) Duties.--The compensation committee of an issuer shall periodically review all compensation practices and structures of the issuer.''. (b) Definition.--Section 3(a) of the Securities Exchange Act (15 U.S.C. 78c(a)), as amended, is further amended by adding at the end the following: ``(66) Compensation committee.--The term `compensation committee' means-- ``(A) a committee (or equivalent body) established by and amongst the board of directors of an issuer for the purpose of overseeing and reviewing the compensation provided by the issuer to the executives and employees of the issuer; and ``(B) if no such committee exists with respect to an issuer, the entire board of directors of the issuer.''. SEC. 5. SHAREHOLDER VOTE ON EXECUTIVE COMPENSATION. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14 the following new section: ``SEC. 14A. ANNUAL SHAREHOLDER APPROVAL OF EXECUTIVE COMPENSATION. ``(a) Separate Resolution Required.--Any proxy or consent or authorization for an annual or other meeting for which the proxy solicitation rules of the Commission require compensation disclosure of the shareholders occurring after the end of the 1-year period beginning on the date of enactment of this subsection, shall include a separate resolution subject to shareholder vote to approve the compensation of executives as disclosed pursuant to the compensation disclosure rules of the Commission (which disclosure shall include the compensation discussion and analysis, the compensation tables, and any related material). ``(b) Rule of Construction.--The shareholder vote referred to in subsection (a) shall not be binding on the board of directors and shall not be construed-- ``(1) as overruling a decision by such board; ``(2) to create or imply any change to the current fiduciary duties of such board; ``(3) to create or imply any additional fiduciary duty by such board; or ``(4) to restrict or limit the ability of shareholders to make proposals for inclusion in such proxy materials related to executive compensation.''. SEC. 6. STUDY ON DIRECTOR CERTIFICATION. (a) Study Required.--The Securities and Exchange Commission shall carry out a study on the feasibility of requiring, and the logistics of implementing, a certification process under which an individual seeking to become a member of the board of directors of an issuer would have to first be certified by the Securities and Exchange Commission as having the experience and expertise necessary to carry out the functions of a member of the board of directors of such issuer. (b) Report.--Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Securities and Exchange Commission 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 the conclusions of the study required under subsection (a). SEC. 7. REGULATIONS AND PROHIBITION ON LISTING FOR NON-COMPLIANCE. Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall-- (1) issue regulations to carry out the amendments made by this Act; and (2) by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with the requirements of any portion of sections 10B, 10C, or 10D of the Securities Exchange Act of 1934. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect with respect to issuers after the end of the 1-year period beginning on the date of the enactment of this Act.

Corporate Governance Reform Act of 2009 - Amends the Securities Exchange Act of 1934 to: (1) require the chairman of the board of directors of an issuer of securities to be independent; (2) prohibit simultaneous service as an executive officer and chairman of the board; (3) require each member of the risk management committee of an issuer to be independent; (4) require such risk management committee to review periodically the issuer's risk management policies; and (5) require each issuer to have a chief risk officer to establish, evaluate, and enforce risk management, and report directly to the risk management committee. Requires: (1) each member of the compensation committee of an issuer to be independent; and (2) the compensation committee to review periodically all compensation practices and structures. Requires any proxy, consent, or authorization for a shareholder meeting to include a separate resolution subject to shareholder approval on the compensation of executives, including compensation discussion, analysis, and compensation tables. Directs the Securities and Exchange Commission (SEC) to study and report to certain congressional committees on the feasibility of requiring SEC certification of an individual as qualified to perform the functions of a member of the board of directors of an issuer.

To amend the Securities Exchange Act of 1934 to add requirements for board of directors committees regarding risk management and compensation policies, to require non-binding shareholder votes on executive compensation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lobby Gift Ban Act of 2005''. SEC. 2. PROHIBITION ON GIFTS BY REGISTERED LOBBYISTS TO MEMBERS OF CONGRESS AND TO CONGRESSIONAL EMPLOYEES. (a) Prohibition.-- (1) In general.--A registered lobbyist may not knowingly make a gift to a Member, Delegate, Resident Commissioner, officer, or employee of Congress except as provided in this section. (2) Gift defined.--In this section, the term ``gift'' means a gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. The term includes gifts of services, training, transportation, lodging, and meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. (3) Registered lobbyist defined.--In this section, the term ``registered lobbyist'' means-- (A) a lobbyist registered under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); (B) a lobbyist who, as an employee of an organization, is covered by the registration of that organization under that Act; or (C) an organization registered under that Act. (4) Gifts to family members and other individuals.--For the purposes of this section, a gift to a family member of a Member, Delegate, Resident Commissioner, officer, or employee of Congress, or a gift to any other individual based on that individual's relationship with the Member, Delegate, Resident Commissioner, officer, or employee, shall be considered a gift to the Member, Delegate, Resident Commissioner, officer, or employee if the gift was given because of the official position of the Member, Delegate, Resident Commissioner, officer, or employee. (5) Exceptions.--The restrictions in paragraph (1) do not apply to the following: (A) Certain lawful political fundraising activities.--A contribution, as defined in section 301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) that is lawfully made under that Act, a lawful contribution for election to a State or local government office, or attendance at a fundraising event sponsored by a political organization described in section 527(e) of the Internal Revenue Code of 1986. (B) Gift from a relative.--A gift from a relative as described in section 109(16) of title I of the Ethics in Government Act of 1978 (2 U.S.C. App. 109(16)). (C) Employee benefits.--Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer. (D) Informational materials.--Informational materials that are sent to the office of the Member, Delegate, Resident Commissioner, officer, or employee in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication. (E) Items of nominal value.--An item of nominal value such as a greeting card, baseball cap, or a T- shirt. (F) Personal friendship.-- (i) In general.--Anything provided by an individual on the basis of a personal friendship unless the gift was given because of the official position of the Member, Delegate, Resident Commissioner, officer, or employee. (ii) Circumstances.--In determining whether a gift is provided on the basis of personal friendship, the following circumstances shall be considered: (I) The history of the relationship between the Member, Delegate, Resident Commissioner, officer, or employee and the individual giving the gift, including any previous exchange of gifts between them. (II) Whether the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift. (III) Whether the individual who gave the gift also gave the same or similar gifts to other Members, Delegates, the Resident Commissioners, officers, or employees of Congress. (G) Certain outside business or employment activities provided to spouse.--Food, refreshments, lodging, transportation, and other benefits provided to the spouse of the Member, Delegate, Resident Commissioner, officer, or employee, resulting from the outside business or employment activities of the spouse or in connection with bona fide employment discussions with respect to the spouse, if such benefits have not been offered or enhanced because of the official position of the Member, Delegate, Resident Commissioner, officer, or employee and are customarily provided to others in similar circumstances. (H) Opportunities and benefits unrelated to congressional employment.--Opportunities and benefits that are offered to members of a group or class in which membership is unrelated to congressional employment. (I) Certain foods or refreshments.--Food or refreshments of a nominal value offered other than as a part of a meal. (b) Penalty.--Any registered lobbyist who violates this section shall be subject to a civil fine of not more than $50,000, depending on the extent and gravity of the violation. SEC. 3. PROHIBITION ON MEMBERS ACCEPTING GIFTS FROM LOBBYISTS. Clause 5(a)(1)(A) of rule XXV of the Rules of the House of Representatives is amended by adding at the end the following new sentence: ``Notwithstanding any other provision of this clause, in no event may a Member, Delegate, or Resident Commissioner accept a gift from a registered lobbyist prohibited by section 2 of the Lobby Gift Ban Act of 2005.''.

Lobby Gift Ban Act of 2005 - Prohibits a registered lobbyist from knowingly making a gift to a Member, Delegate, Resident Commissioner, officer, or employee of Congress, with the exception of certain: (1) lawful political fundraising activities; (2) gifts from relatives; (3) employee benefits; (4) informational materials; (5) items of nominal value; (6) gifts on a personal basis, under specified circumstances; (7) outside business or employment activities provided to his or her spouse; (8) opportunities and benefits unrelated to congressional employment; and (9) foods or refreshments of nominal value offered other than as part of a meal. Considers a gift to a family member of a Member, Delegate, Resident Commissioner, officer, or employee of Congress, or a gift to any other individual based on that individual's relationship with the Member, Delegate, Resident Commissioner, officer, or employee, to be a prohibited gift if it was given because of the individual's official position. Imposes a civil fine of $50,000 for violation of this Act, depending on the extent and gravity of the violation. Amends the Rules of the House of Representatives to prohibit a Member, Delegate, or Resident Commissioner from accepting a gift from a registered lobbyist prohibited by this Act.

To prohibit registered lobbyists from making gifts to Members of Congress and to congressional employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Broadband and Emerging Information Technology Enhancement Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a report by the Federal Communications Commission entitled ``Connecting America: The National Broadband Plan'', dated March 2010, the Commission recommends that-- (A) ``To fully implement next-generation technology within its operations, the SBA should also appoint a broadband and emerging IT coordinator. This individual would ensure that SBA programs maintain the requisite broadband expertise, tools and training courses to serve small businesses.''; (B) ``Congress should consider ways to leverage existing assistance provided through'' entrepreneurial development programs, ``to focus training on advanced IT and broadband applications''; (C) ``Congress could also consider ways to support technology training among women entrepreneurs through'' women's business centers; (D) ``The training programs should include an entry-level `Broadband 101' course to give small businesses an introduction to how to capitalize on broadband connectivity, as well as more advanced applications for IT staff.''; and (E) small- and medium-enterprise ``IT training should include resources for non-IT staff, such as how to use e-commerce tools for sales, streamline finance with online records or leverage knowledge management across an organization.''. (2) According to a report by the Broadband Opportunity Council, dated August 20, 2015, the availability of and access to broadband technology enables-- (A) greater civic participation, by providing tools for open government and streamlining government process; (B) changes in how people access educational resources, collaborate in the educational process, conduct research, and continue to learn anytime, anyplace, and at any pace; (C) improved healthcare access, treatments, and information; (D) new business models that create business efficiencies, drive job creation, and connect manufacturers and store-fronts to clients and partners worldwide; and (E) bringing communities together and improvements to public safety, creating a greener planet, and make transportation systems more resilient and efficient. (3) According to a report entitled ``The State of the App Economy'', dated October 2014-- (A) ``More than three-quarters of the highest grossing apps are produced by startups and small companies.''; and (B) ``Seventy-eight percent of the leading app companies are located outside Silicon Valley.''. (4) According to a report entitled, ``Developer Economics Q1 2015: State of the Developer Nation'', dated February 2015, ``The emergence of the app industry over the past eight years has grown to a $120 billion economy.''. SEC. 3. BROADBAND AND EMERGING INFORMATION TECHNOLOGY COORDINATOR. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. BROADBAND AND EMERGING INFORMATION TECHNOLOGY. ``(a) Definitions.--In this section-- ``(1) the term `Associate Administrator' means the Associate Administrator for the Office of Investment and Innovation; and ``(2) the term `broadband and emerging information technology coordinator' means the employee designated to carry out the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1). ``(b) Assignment of Coordinator.-- ``(1) Assignment of coordinator.--The Associate Administrator shall designate a senior employee of the Office of Investment and Innovation to serve as the broadband and emerging information technology coordinator, who-- ``(A) shall report to the Associate Administrator; ``(B) shall work in coordination with-- ``(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and ``(ii) any other Associate Administrator of the Administration determined appropriate by the Associate Administrator; ``(C) has experience developing and implementing telecommunications policy in the private sector or government; and ``(D) has demonstrated significant experience in the area of broadband or emerging information technology. ``(2) Responsibilities of coordinator.--The broadband and emerging information technology coordinator shall-- ``(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies; ``(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission; ``(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns; and ``(D) identify and catalog tools and training available through the resource partners of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and emerging technologies. ``(3) Travel.--Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties. ``(c) Broadband and Emerging Technology Training.-- ``(1) Training.--The Associate Administrator shall provide to employees of the Administration training that-- ``(A) familiarizes employees of the Administration with broadband and other emerging information technologies; ``(B) includes-- ``(i) instruction on counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and ``(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies; and ``(C) to the maximum extent practicable, uses the tools and training cataloged and identified under subsection (b)(2)(D). ``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. ``(d) Reports.-- ``(1) Biennial report on activities.--Not later than 2 years after the date on which the Associate Administrator makes the first designation of an employee under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies. ``(2) Impact of broadband speed and price on small businesses.-- ``(A) In general.--Subject to appropriations, the Chief Counsel for Advocacy shall conduct a study evaluating the impact of broadband speed and price on small business concerns. ``(B) Report.--Not later than 3 years after the date of enactment of the Small Business Broadband and Emerging Information Technology Enhancement Act of 2015, the Chief Counsel for Advocacy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subparagraph (A), including-- ``(i) a survey of broadband speeds available to small business concerns; ``(ii) a survey of the cost of broadband speeds available to small business concerns; ``(iii) a survey of the type of broadband technology used by small business concerns; and ``(iv) any policy recommendations that may improve the access of small business concerns to comparable broadband services at comparable rates in all regions of the United States.''. SEC. 4. ENTREPRENEURIAL DEVELOPMENT. Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 648(c)(3)(B)) is amended-- (1) in the matter preceding clause (i), by inserting ``accessing broadband and other emerging information technology,'' after ``technology transfer,''; (2) in clause (ii), by striking ``and'' at the end; (3) in clause (iii), by adding ``and'' at the end; and (4) by adding at the end the following: ``(iv) increasing the competitiveness and productivity of small business concerns by assisting entrepreneurs in accessing broadband and other emerging information technology;''.

Small Business Broadband and Emerging Information Technology Enhancement Act of 2015 This bill amends the Small Business Act to direct the Small Business Administration (SBA) Office of Investment and Innovation to designate a senior employee to serve as the broadband and emerging information technology (BEIT) coordinator. The Office must also provide SBA employees BEIT training to assist small businesses in the use of such technologies. The SBA Chief Counsel for Advocacy shall evaluate the impact of broadband speed and price on small businesses. Services provided by a small business development center shall include accessing and using BEIT as an authorized activity of small business development centers.

Small Business Broadband and Emerging Information Technology Enhancement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social and Emotional Learning for Families Act'' or the ``SELF Act''. SEC. 2. GRANT PROGRAM. (a) In General.--From amounts appropriated to carry out this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to develop, implement and evaluate formal and informal parent education programs in partnership with the entities described in subsection (c)(3). The programs should be designed with objectives to-- (1) provide instruction to parents on social and emotional skills; (2) provide instruction to parents on effective strategies for teaching and reinforcing these same skills to their children; and (3) provide training to teachers or school staff to support parent efforts to teach and reinforce children's social and emotional skills at home. (b) Maximum Grant Amount.--The total amount of a grant awarded under this Act may not exceed $1,200,000. (c) Uses of Funds.-- (1) In general.--An eligible entity receiving a grant under this subpart shall use such funds to carry out a program at elementary schools and secondary schools served that-- (A) involves instruction of social and emotional skills based on research-based and locally-relevant instructional materials for teachers and parents; (B) provides professional development for pre- service and in-service teachers and other professional educators to engage parents and teach them social and emotional learning skills; (C) provides direct instruction on social and emotional learning to parents at hours when parents are available and in places that are convenient and easily accessible; (D) incorporates evidence-based practices to increase diversity of families participating in the program; (E) encourages participation of parents from the school, partner agencies, or community organizations working with families to mentor the parents participating in the program; and (F) is designed to result in improved measurable child outcomes, including positive social behavior and academic outcomes. (2) State educational agencies.--In the case of an eligible entity that is a State educational agency, such entity shall award subgrants, on a competitive basis, to local educational agencies to carry out the program described in paragraph (1). (3) Public-private partnerships.--Each eligible entity awarded a grant under this Act and each local educational agency awarded a subgrant under this Act shall be encouraged to carry out the program funded under the grant in partnership with one or more of the following: (A) Elementary schools or secondary schools. (B) Institutions of higher education. (C) Nonprofit organizations. (D) Community-based organizations. (E) Public or private entities with demonstrated record of success in delivering educational support. (d) Applications.--An application for a grant under this Act submitted by an eligible entity shall demonstrate long-term commitment for the proposed program through-- (1) providing laboratory and instructional space; (2) commitment to scaling successful programs for parent education and involvement in social and emotional learning in elementary schools and secondary schools under the jurisdiction of the eligible entity; and (3) commitment to serving diverse groups such as underrepresented or economically disadvantaged families. (e) Annual Report to Congress.--Not later than 1 year after the first grant is awarded under this Act, and annually thereafter, the Secretary shall submit to Congress and make publicly available, a report on activities and results under this Act. Such reports shall describe-- (1) the total number of grant applications received for the preceding each year; (2) the number and geographic distribution of the grants for such year and for all grants awarded under this Act; (3) participation of minority-serving institutions of higher education, such as historically Black colleges and universities and Hispanic-serving institutions; (4) participation of underrepresented and economically disadvantaged families; (5) plans for collaboration among eligible entities receiving a grant under this Act; (6) overall program outcomes and issues of concern; and (7) recommendations for program revisions to achieve the desired program outcome. (f) Definitions.-- (1) Eligible entity.--The term ``eligible entity'' means-- (A) an institution of higher education; (B) a State educational agency; (C) a local educational agency, in the case in which the local educational agency is not receiving a subgrant under this Act for the fiscal year for which the agency is applying for a grant under this Act; or (D) a consortium of any of the entities described in subparagraphs (A) through (C). (2) ESEA terms.--The terms ``elementary school'', ``evidence-based'', ``local educational agency'', ``parent'', ``professional development'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Hispanic-serving institution.--The term Hispanic- serving institution has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101(a)). (4) Historically black college or university.--The ``Historically Black college or university'' has the meaning given the term ``part B institution'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (6) Instruction.--The term ``instruction'' means activities that-- (A) emphasize communication of knowledge concerning-- (i) parenting fundamentals; and (ii) social and emotional skills in adults and children; (B) provide opportunities to practice parenting fundamentals and social and emotional skills through interactive activities between parents and their children; and (C) are aligned with and integrated into parent involvement and engagement standards that may exist in the applicable State or that may be developed. (7) Minority-serving institution.--The term ``minority- serving institution'' means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q). (8) Secretary.--The term ``Secretary'' means the Secretary of Education. (9) Social and emotional skills.--The term ``social and emotional skills'' includes-- (A) self-awareness, or having a realistic perception of one's own values, interests, and strengths, and being able to recognize one's own emotions; (B) self-management, or how well one manages emotions, impulses, and stress, and is able to establish and achieve goals and exercise self- discipline; (C) social awareness, or the ability to take the perspective of and empathize with someone else and to appreciate and respect diversity; (D) relationship skills, or the ability to participate in healthy, cooperative, and caring relationships, and effectively resolve conflicts; and (E) responsible decisionmaking, or the ability to recognize and generate good choices, evaluate the likely consequences of actions, and take responsibility for one's decisions.

Social and Emotional Learning for Families Act or the SELF Act This bill directs the Department of Education to award competitive grants to state or local educational agencies, institutions of higher education, or partnerships of such entities for the development, implementation, and evaluation of parent-education programs. Such programs shall be designed to: (1) instruct parents on social skills, emotional skills, and effective strategies for teaching and reinforcing such skills to their children; and (2) train teachers or school staff to support parents' efforts to teach and reinforce social and emotional skills at home.

Social and Emotional Learning for Families Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Credit Availability and Economic Recovery Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds and declares that: (1) Adequate credit is necessary for the revitalization and growth for all sectors of our economy. (2) Financial institutions are subject to layers of unnecessary regulations, some of which, impose large costs without increasing the safety and soundness of our financial system. (3) The regulatory burden amounts to a tax on our financial systems that has been estimated by the Federal Financial Institutions Examination Council to be as high as $17,000,000,000. (4) This regulatory burden cost is draining capital from financial institutions and significantly contributing to the lack of available credit for small business. (5) The lack of available credit for small businesses hampers the growth of small businesses and is directly contributing to the high rate of unemployment in the United States. (6) The overwhelming majority of new jobs are created by small businesses in the United States. (7) The President should be given the authority to provide financial institutions with relief from this regulatory burden in order to provide immediate credit relief to all sectors of the economy, especially credit worthy small businesses and to sustain economic growth. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to authorize the President to increase the availability of credit, (2) to enhance the economic recovery, and (3) to provide sustained noninflationary economic growth, through the immediate suspension of laws, rules, regulations, and guidelines that impose unnecessarily burdensome costs on insured depository institutions. SEC. 4. DEFINITION. As used in this Act, the term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. SEC. 5. PRESIDENTIAL RESPONSIBILITY AND AUTHORITY. (a) In General.--Not later than 30 days after the date of enactment of this Act, the President shall conduct a thorough review and evaluation of all statutory and regulatory provisions affecting insured depository institutions. This review shall include-- (1) an analysis of the purposes of the provision; (2) the effectiveness of the provision in achieving such purposes; (3) whether any other provision provides an alternative or duplicative means of achieving those purposes; (4) the cost imposed by compliance with such provisions upon insured depository institutions and consumers; and (5) the relationship between such provision, its compliance costs, and the availability of credit in the United States. (b) Authority To Suspend.--The President may, by executive order, suspend the applicability of-- (1) any Federal law affecting insured depository institutions or depository institution holding companies (or any portion thereof); and (2) any regulation or guideline promulgated by a Federal banking agency (or any portion thereof); if the President makes a determination described in subsection (c). (c) Determination.--For the purpose of subsection (b), a determination is described in this subsection if it is a determination that-- (1) the law, regulation, or guideline has already accomplished its goal and the law, regulation, or guideline is therefore no longer necessary; (2) the law, regulation, or guideline is not as effective in achieving its intended purpose as other available alternatives that would impose lesser costs on financial institutions, their customers, or the economy; (3) the cost of compliance with the law, regulation, or guideline outweighs the potential benefits sought to be accomplished by the law, regulation, or guideline; or (4) the law, regulation, or guideline has a negative impact on the availability of credit in the United States which outweighs the benefits sought to be accomplished by the law, regulation, or guideline. (d) Publication and Effective Date.--A Presidential order issued pursuant to this section shall be published in the Federal Register, and shall become effective 30 days after such publication, unless the President, for good cause, determines that a shorter period is necessary and in the public interest. SEC. 6. CONSULTATION AND NOTIFICATION. (a) Consultation.--Prior to making a finding under section 5 that a law, regulation, or guideline is to be suspended, the President shall consult with the Secretary of the Treasury, the Chairperson of the Federal Deposit Insurance Corporation, the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Director of the Office of Thrift Supervision. (b) Notification.--The President shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives prior to issuing any order under section 5. SEC. 7. RESTRICTIONS. Nothing in this Act authorizes the President to suspend any law, regulation, or guideline-- (1) that is necessary for the safe and sound operation of insured depository institutions; or (2) that-- (A) prohibits discrimination in the provision of financial services based on race, sex, national origin, marital status, or age; (B) relates directly to the conduct of monetary policy; or (C) pertains to an enforcement proceeding or supervisory action with respect to a particular institution or party. SEC. 8. EFFECTIVE DATE. This Act shall be effective on the date of its enactment. SEC. 9. SUNSET. The authority of the President to suspend any law, regulation, or guideline under this Act shall terminate on January 1, 1997.

Presidential Credit Availability and Economic Recovery Act - Directs the President to conduct a specified review and evaluation of all statutory and regulatory provisions affecting insured depository institutions. Authorizes the President to suspend such provisions upon making determinations that a regulatory scheme is no longer useful or is not cost-effective. Requires the President to consult with specified agencies before making a finding that a regulatory scheme should be suspended and to notify certain congressional committees before issuing an order to suspend. Sets a termination date for the President's authority to issue such order.

Presidential Credit Availability and Economic Recovery Act

SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. (a) Short Title.--This Act may be cited as the ``Responsible Off- Road Vehicle Enforcement and Response Act''. (b) Findings.--The Congress finds the following: (1) The public lands managed by the Bureau of Land Management and the Federal lands within the National Forest System provide important opportunities for recreational activities as well as for other uses. (2) The use of vehicles on such lands for recreational and other purposes is appropriate and should be permitted to continue. (3) Use of vehicles, whether motorized or nonmotorized, on such lands can result in damage and should occur only where consistent with the other purposes for which those lands are managed and in compliance with all applicable requirements or regulations. (4) Violations of such requirements or regulations should be subject to fines commensurate with the severity of any damages resulting from such violations. (5) Current law should be revised so that the Secretary of the Interior and the Secretary of Agriculture can impose more appropriate fines for violations of such requirements or regulations and can require violators to reimburse the United States for restoration or other costs resulting from such violations. (c) Purposes.--The purposes of this Act are as follows: (1) To authorize imposition of appropriate fines for violations of requirements or regulations regarding use of vehicles on public lands or on Federal lands within the National Forest System that result in damage to such lands. (2) To authorize immediate use of funds received as a result of the imposition of such fines for restoration or other treatment of lands damaged by such violations, for increasing public awareness of the regulations applicable to use of vehicles on such lands, and for defraying the costs of enforcing such regulations. SEC. 2. PUBLIC LANDS. (a) Fines.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) is amended-- (1) by striking ``(a) The'' and inserting ``(a)(1) The''; and (2) by adding after paragraph (1) (as so designated above) the following new paragraph: ``(2) Notwithstanding any other provision of law (including section 3571 of title 18, United States Code), the Secretary may impose a fine of no more than $10,000 or an amount equal to the cost to the United States of any improvement, protection, or rehabilitation work on the public lands rendered necessary by damages to such lands resulting from violation of any regulation or other requirement regarding use of any vehicle over such lands, whichever amount is greater. Notwithstanding any other provision of law, such a violation not resulting in death shall be considered a Class B misdemeanor.''. (b) Use of Fines.--Section 305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1735), is amended by adding at the end the following new subsection: ``(d) Any moneys received by the United States as a result of a fine imposed pursuant to section 303(a)(2) shall be available to the Secretary, without further appropriation, and shall be used-- ``(1) to cover the administrative, legal, and related expenses, including damage assessments, payments of rewards for information, and investigative costs of enforcing regulations or other requirements regarding use of vehicles on public lands; ``(2) to cover the costs of any improvement, protection, or rehabilitation work on public lands; and ``(3) to increase public awareness of regulations and other requirements regarding recreational use of vehicles on public lands.''. SEC. 3. NATIONAL FOREST LANDS. (a) Vehicle Violations.--Section 1 of the Act of June 4, 1897 (16 U.S.C. 551), is amended-- (1) by striking ``The Secretary of Agriculture'' and inserting ``(a) In General.--The Secretary of Agriculture''; and (2) by adding at the end the following new subsection: ``(b) Fines for Vehicle Violations.--Notwithstanding any other provision of law (including section 3571 of title 18, United States Code), the Secretary may impose a fine of no more than $10,000 or any amount equal to the cost to the United States of any improvement, protection, or rehabilitation work on lands managed by the Forest Service rendered necessary by damages to such lands resulting from violation of any regulation or requirement regarding use of any vehicle on such lands, whichever amount is greater. Notwithstanding any other provision of law, such a violation not resulting in death shall be considered a Class B misdemeanor.''. (b) Use of Fines.--Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is amended-- (1) by inserting ``administrative, legal, and related expenses, including damage assessments, payments of rewards for information, and investigative costs, incurred in connection with such claim, and all'' after ``cost to the United States of any''; and (2) by striking ``Provided'' and all that follows at the end of such section and inserting the following: ``Provided, That any portion of the moneys so received in excess of the amounts expended for such purposes shall be similarly made available to be used for enforcement and increased public awareness of the regulations and other requirements regarding activities on such lands, including the regulations and requirements regarding the use of vehicles on such lands.''.

Responsible Off-Road Vehicle Enforcement and Response Act - Amends the Federal Land Policy and Management Act of 1976 to authorize the Secretary of the Interior to impose a fine of up to the greater of $10,000 or an amount equal to the cost to the United States of any improvement, protection, or rehabilitation work on public lands rendered necessary for damages to such lands resulting from violation of any regulation or other requirement regarding use of a vehicle over such lands. Makes such a violation not resulting in death a Class B misdemeanor.Directs that any moneys received by the United States from such a fine be used to: (1) cover administrative, legal, and related expenses; (2) cover the costs of any improvement, protection, or rehabilitation work on public lands; and (3) increase public awareness of regulations and other requirements regarding recreational use of vehicles on public lands.Amends Federal law to set forth similar provisions regarding vehicle violations in National Forest lands.

To authorize increased fines for improper use of vehicles that results in damage to public lands or national forests, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Corps Aviation Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the year 2012 is the 100th Anniversary of the birth of Marine Corps Aviation; (2) Marine Corps Aviation's value to the individual Marine and the Marine Corps as a whole has centered on a number of long-established and essential hallmark qualities; (3) such essential qualities, including adaptability, agility, and being of one mind, have been seen during past campaign successes, are witnessed during today's combat operations, and are key planning factors for future aircraft and aviation capabilities; (4) Marine Corps Aviation, as an essential element of the Marine Corps Air Ground Task Force, is critical to the continuing success of our Nation's expeditionary ``Force in Readiness''; (5) in 2001, the Congress authorized the construction of the Marine Corps Heritage Center, the purpose of which is to provide a multipurpose facility to be used for historical displays for the public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities, consistent with the mission of the Marine Corps; (6) the initial portion of the Marine Corps Heritage Center opened on November 10, 2006; (7) the United States should pay tribute to the Marine Corps Aviation Centennial and to the United States Marine Corps, by minting and issuing a commemorative $10 gold coin; and (8) the surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the continuing construction of the Marine Corps Heritage Center. SEC. 3. COIN SPECIFICATIONS. (a) $10 Gold Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 100,000 $10 coins, each of which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the warrior ethos of the United States Marine Corps. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'' and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Marine Corps Historical Division and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the one-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (b) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $35 per coin. (c) Bulk Sales.--The Secretary shall make bulk sales of coins issued under this Act at a reasonable discount. (d) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) should be at a reasonable discount. SEC. 7. DISTRIBUTION OF SURCHARGES. (a) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Marine Corps Heritage Foundation for the purposes of construction of the Marine Corps Heritage Center, as authorized by section 1 of Public Law 106-398 (114 Stat. 1654). (b) Audit.--The Marine Corps Heritage Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (a).

Marine Corps Aviation Centennial Commemorative Coin Act - Directs the Secretary of the Treasury, during the one-year period beginning on January 1, 2013, to mint and issue up to 100,000 $10 coins emblematic of the warrior ethos of the U.S. Marine Corps. Requires all coin sales to include a $35 surcharge, and all surcharges received to be paid promptly to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the Centennial of Marine Corps Aviation, and to support construction of the Marine Corps Heritage Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans Prevention Act of 2013''. SEC. 2. IMPROVEMENTS TO GRANT PROGRAM FOR COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. (a) Modification of Authority To Provide Capital Improvement Grants for Programs That Assist Homeless Veterans.--Subsection (a) of section 2011 of title 38, United States Code, is amended, in the matter before paragraph (1)-- (1) by striking ``or modifying'' and inserting ``, modifying, or maintaining''; and (2) by inserting ``privately, safely, and securely,'' before ``the following''. (b) Requirement That Recipients of Grants Meet Physical Privacy, Safety, and Security Needs of Homeless Veterans.--Subsection (f) of such section is amended by adding at the end the following new paragraph: ``(6) To meet the physical privacy, safety, and security needs of homeless veterans receiving services through the project.''. SEC. 3. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL HOUSING ASSISTANCE THAT BECOMES PERMANENT HOUSING FOR HOMELESS VETERANS. Section 2012(a)(2) of title 38, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (2) in subparagraph (C), as redesignated, by striking ``in subparagraph (D)'' and inserting ``in subparagraph (E)''; (3) in subparagraph (D), as redesignated, by striking ``under subparagraph (B)'' and inserting ``under subparagraph (C)''; (4) in subparagraph (E), as redesignated, by striking ``in subparagraphs (B) and (C)'' and inserting ``in subparagraphs (C) and (D)''; and (5) in subparagraph (A)-- (A) by striking ``The rate'' and inserting ``Except as otherwise provided in subparagraph (B), the rate''; and (B) by striking ``under subparagraph (B)'' and all that follows through the end and inserting the following: ``under subparagraph (C). ``(B)(i) Except as provided in clause (ii), in no case may the rate determined under this paragraph exceed the rate authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of this title, as the Secretary may increase from time to time under subsection (c) of that section. ``(ii) In the case of services furnished to a homeless veteran who is placed in housing that will become permanent housing for the veteran upon termination of the furnishing of such services to such veteran, the maximum rate of per diem authorized under this section is 150 percent of the rate described in clause (i).''. SEC. 4. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO DEPENDENTS OF CERTAIN HOMELESS VETERANS. Subsection (a) of section 2012 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Services for which a recipient of a grant under section 2011 of this title (or an entity described in paragraph (1)) may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient (or entity).''. SEC. 5. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO ASSESS COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall assess and measure the capacity of programs for which entities receive grants under section 2011 of title 38, United States Code, or per diem payments under section 2012 or 2061 of such title. (b) Assessment at National and Local Levels.--In assessing and measuring under subsection (a), the Secretary shall develop and use tools to examine the capacity of programs described in such subsection at both the national and local level in order to assess the following: (1) Whether sufficient capacity exists to meet the needs of homeless veterans in each geographic area. (2) Whether existing capacity meets the needs of the subpopulations of homeless veterans located in each geographic area. (3) The amount of capacity that recipients of grants under sections 2011 and 2061 and per diem payments under section 2012 of such title have to provide services for which the recipients are eligible to receive per diem under section 2012(a)(2)(B)(ii) of title 38, United States Code, as added by section 3(5)(B). (c) Use of Information.--The Secretary shall use the information collected under this section as follows: (1) To set specific goals to ensure that programs described in subsection (a) are effectively serving the needs of homeless veterans. (2) To assess whether programs described in subsection (a) are meeting goals set under paragraph (1). (3) To inform funding allocations for programs described in subsection (a). (4) To improve the referral of homeless veterans to programs described in subsection (a). (d) Report.--Not later than 180 days after the date on which the assessment required by subsection (b) is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such assessment and such recommendations for legislative and administrative action as the Secretary may have to improve the programs and per diem payments described in subsection (a). SEC. 6. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO HOMELESS VETERANS. (a) In General.--Section 2065 of title 38, United States Code, is hereby repealed. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2065. SEC. 7. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN INSTITUTIONS. Section 2023 of title 38, United States Code, is amended-- (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). SEC. 8. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF HOMELESSNESS. (a) In General.--Chapter 20 of title 38, United States Code, is amended by inserting after section 2022 the following new section: ``Sec. 2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness ``(a) Partnerships Authorized.--Subject to the availability of funds for that purpose, the Secretary may enter into partnerships with public or private entities to fund a portion of the general legal services specified in subsection (c) that are provided by such entities to homeless veterans and veterans at risk of homelessness. ``(b) Locations.--The Secretary shall ensure that, to the extent practicable, partnerships under this section are made with entities equitably distributed across the geographic regions of the United States, including rural communities and tribal lands. ``(c) Legal Services.--Legal services specified in this subsection include legal services provided by public or private entities that address the needs of homeless veterans and veterans at risk of homelessness as follows: ``(1) Legal services related to housing, including eviction defense and representation in landlord-tenant cases. ``(2) Legal services related to family law, including assistance in court proceedings for child support, divorce, and estate planning. ``(3) Legal services related to income support, including assistance in obtaining public benefits. ``(4) Legal services related to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver's license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing. ``(d) Consultation.--In developing and carrying out partnerships under this section, the Secretary shall, to the extent practicable, consult with public and private entities-- ``(1) for assistance in identifying and contacting organizations described in subsection (c); and ``(2) to coordinate appropriate outreach relationships with such organizations. ``(e) Reports.--The Secretary may require entities that have entered into partnerships under this section to submit to the Secretary periodic reports on legal services provided to homeless veterans and veterans at risk of homelessness pursuant to such partnerships.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by adding after the item relating to section 2022 the following new item: ``2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness.''. SEC. 9. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO PROVIDE DENTAL CARE TO HOMELESS VETERANS. Subsection (b) of section 2062 of title 38, United States Code, is amended to read as follows: ``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran who-- ``(A) is enrolled for care under section 1705(a) of this title; and ``(B) for a period of 60 consecutive days, is receiving-- ``(i) assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); or ``(ii) care (directly or by contract) in any of the following settings: ``(I) A domiciliary under section 1710 of this title. ``(II) A therapeutic residence under section 2032 of this title. ``(III) Community residential care coordinated by the Secretary under section 1730 of this title. ``(IV) A setting for which the Secretary provides funds for a grant and per diem provider. ``(2) For purposes of paragraph (1), in determining whether a veteran has received assistance or care for a period of 60 consecutive days, the Secretary may disregard breaks in the continuity of assistance or care for which the veteran is not responsible.''. SEC. 10. EXTENSIONS OF AUTHORITIES. (a) Comprehensive Service Programs.--Section 2013 of title 38, United States Code, is amended by striking paragraphs (4) through (6) and inserting the following: ``(4) $250,000,000 for each of fiscal years 2012 through 2014. ``(5) $150,000,000 for fiscal year 2015 and each subsequent fiscal year.''. (b) Homeless Veterans Reintegration Programs.--Section 2021(e)(1)(F) of such title is amended by striking ``2013'' and inserting ``2014''. (c) Treatment and Rehabilitation for Seriously Mentally Ill and Homeless Veterans.--Section 2031(b) of such title is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (d) Centers for the Provision of Comprehensive Services to Homeless Veterans.--Section 2033(d) of such title is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (e) Housing Assistance for Homeless Veterans.--Section 2041(c) of such title is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (f) Financial Assistance for Supportive Services for Very Low- Income Veteran Families in Permanent Housing.-- (1) In general.--Paragraph (1) of section 2044(e) of such title is amended by adding at the end the following new subparagraph (F): ``(F) $300,000,000 for fiscal year 2014.''. (2) Training entities for provision of supportive services.--Paragraph (3) of such section is amended by striking ``2012'' and inserting ``2014''. (g) Grant Program for Homeless Veterans With Special Needs.-- Section 2061(d)(1) of such title is amended by striking ``for each of'' through ``shall be available'' and inserting ``for each of fiscal years 2007 through 2014, $5,000,000 shall be available''. (h) Technical Assistance Grants for Nonprofit Community-Based Groups.--Section 2064(b) of such title is amended by striking ``2012'' and inserting ``2014''. (i) Advisory Committee on Homeless Veterans.--Section 2066(d) of such title is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''.

Homeless Veterans Prevention Act of 2013 - Requires public or private nonprofit entities that receive grants under the Department of Veterans Affairs (VA) comprehensive service programs for homeless veterans to agree to meet the physical, privacy, safety, and security needs of such veterans. Increases the per diem payment for transitional housing assistance for homeless veterans who are placed in housing that will become permanent upon the termination of such assistance to a maximum of 150% of the per diem rate authorized for veterans receiving domiciliary care in state homes. Allows services for which a homeless veteran receives a grant under the comprehensive service programs to include furnishing care for a dependent. Directs the Secretary of Veterans Affairs (Secretary) to: (1) assess and measure the capacity of programs for which entities receive grants or per diem payments to assist homeless veterans, and (2) use such information to ensure that such programs effectively serve the needs of such veterans. Repeals a required annual VA report on activities under such programs. Repeals the September 30, 2013, sunset on the authority of the Secretary and the Secretary of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions. Authorizes the Secretary to enter into partnerships with public or private entities to provide legal services to homeless veterans and veterans at risk of homelessness. Revises VA authority to provide dental care to veterans receiving certain other assistance through the VA to include those veterans receiving assistance under the United States Housing Act of 1937. Extends permanently the VA comprehensive service programs for homeless veterans. Extends temporarily various VA authorities and programs affecting homeless veterans.

Homeless Veterans Prevention Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Savings and Investors Protection Act of 1994''. SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Except as otherwise provided in this subsection, if an indexed asset which has been held for more than 1 year is sold or otherwise disposed of, for purposes of this title the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deduction for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) stock in a corporation, and ``(B) tangible property (or any interest therein), which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(2) Certain property excluded.--For purposes of this section, the term `indexed asset' does not include: ``(A) Creditor's interest.--Any interest in property which is in the nature of a creditor's interest. ``(B) Options.--Any option or other right to acquire an interest in property. ``(C) Net lease property.--In the case of a lessor, net lease property (within the meaning of subsection (i)(3)). ``(D) Certain preferred stock.--Stock which is fixed and preferred as to dividends and does not participate in corporate growth to any significant extent. ``(E) Stock in foreign corporations.--Stock in a foreign corporation. ``(F) Stock in s corporations.--Stock in an S corporation. ``(3) Exception for stock in foreign corporation which is regularly traded on national or regional exchange.--Paragraph (2)(E) shall not apply to stock in a foreign corporation the stock of which is listed on the New York Stock Exchange, the American Stock Exchange, the national market system operated by the National Association of Securities Dealers, or any domestic regional exchange for which quotations are published on a regular basis other than-- ``(A) stock of a foreign investment company (within the meaning of section 1246(b)), ``(B) stock in a passive foreign investment company (as defined in section 1296), and ``(C) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2). ``(c) Indexed Basis.--For purposes of this section: ``(1) General rule.--Except as provided in paragraph (2), the indexed basis for any asset is-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the applicable inflation ratio. ``(2) Applicable inflation ratio.--The applicable inflation ratio for any asset is the percentage arrived at by dividing-- ``(A) the gross national product deflator the calendar quarter in which the disposition takes place, by ``(B) the gross national product deflator for the calendar quarter in which the asset was acquired by the taxpayer (or, if later, the calendar quarter ending on December 31, 1994). The applicable inflation ratio shall not be taken into account unless it is greater than 1. The applicable inflation ratio for any asset shall be rounded to the nearest one-tenth of 1 percent. ``(3) Gross national product deflator.--The gross national product deflator for any calendar quarter is the implicit price deflator for the gross national product for such quarter (as shown in the first revision thereof). ``(d) Short Sales.-- ``(1) In general.--In the case of a short sale of an indexed asset with a short sale period in excess of 1 year, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) multiplied by the applicable inflation ratio. In applying subsection (c)(3) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date on which the holding period for the asset begins and the closing date for the sale shall be treated as the date of disposition. ``(2) Short sale of substantially identical property.--If the taxpayer or the taxpayer's spouse sells short property substantially identical to an asset held by the taxpayer, the asset held by the taxpayer and the substantially identical property shall not be treated as indexed assets for the short sale period. ``(3) Short sale period.--For purposes of this subsection, the short sale period begins on the day after property is sold and ends on the closing date for the sale. ``(e) Treatment of Regulated Investment Companies and Real Estate Investment Trusts.-- ``(1) Adjustments at entity level.-- ``(A) In general.--Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). ``(B) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(2) Adjustments to interests held in entity.-- ``(A) In general.--Stock in a qualified investment entity shall be an indexed asset for any calendar month in the same ratio as the fair market value of the assets held by such entity at the close of such month which are indexed assets bears to the fair market value of all assets of such entity at the close of such month. ``(B) Ratio of 90 percent or more.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 90 percent or more, such ratio for such month shall be 100 percent. ``(C) Ratio of 10 percent or less.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 10 percent or less, such ratio for such month shall be zero. ``(D) Valuation of assets in case of real estate investment trusts.--Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months (except where such trust ceases to exist). The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. ``(3) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(f) Other Pass-Thru Entities.-- ``(1) Partnerships.-- ``(A) In general.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(B) Special rule in the case of section 754 elections.--In the case of a transfer of an interest in a partnership with respect to which the election provided in section 754 is in effect-- ``(i) the adjustment under section 743(b)(1) shall, with respect to the transferor partner, be treated as a sale of the partnership assets for purposes of applying this section, and ``(ii) with respect to the transferee partner, the partnership's holding period for purposes of this section in such assets shall be treated as beginning on the date of such adjustment. ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(g) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(h) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. ``(i) Special Rules.--For purposes of this section: ``(1) Treatment as separate asset.--In the case of any asset, the following shall be treated as a separate asset: ``(A) A substantial improvement to property. ``(B) In the case of stock of a corporation, a substantial contribution to capital. ``(C) Any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.--The applicable inflation ratio shall be appropriately reduced for periods during which the asset was not an indexed asset. ``(3) Net lease property defined.--The term `net lease property' means leased property where-- ``(A) the term of the lease (taking into account options to renew) was 50 percent or more of the useful life of the property, and ``(B) for the period of the lease, the sum of the deductions with respect to such property which are allowable to the lessor solely by reason of section 162 (other than rents and reimbursed amounts with respect to such property) is 15 percent or less of the rental income produced by such property. ``(4) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(5) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(6) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(7) Collapsible corporations.--The application of section 341(a) (relating to collapsible corporations) shall be determined without regard to this section. ``(j) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss.'' (c) Adjustment To Apply for Purposes of Determining Earnings and Profits.--Subsection (f) of section 312 of such Code (relating to effect on earnings and profits of gain or loss and of receipt of tax- free distributions) is amended by adding at the end thereof the following new paragraph: ``(3) Effect on earnings and profits of indexed basis.-- For substitution of indexed basis for adjusted basis in the case of the disposition of certain assets, see section 1022(a)(1).'' (d) Effective Date.--The amendments made by this section shall apply to dispositions after December 31, 1994, in taxable years ending after such date.

Family Savings and Investors Protection Act of 1994 - Amends the Internal Revenue Code to require indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss.

Family Savings and Investors Protection Act of 1994

SECTION 1. AUTOMATED DRIVING SYSTEM CYBERSECURITY ADVISORY COUNCIL. (a) Establishment.--Subject to the availability of appropriations, not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish in the National Highway Traffic Safety Administration an Automated Driving System Cybersecurity Advisory Council (hereinafter referred to as the ``Council''). (b) Membership.--Members of the Council shall include a diverse group representative of business, academia and independent researchers, State and local authorities, safety and consumer advocates, engineers, labor organizations, environmental experts, a representative of the National Highway Traffic Safety Administration, and other members determined to be appropriate by the Secretary. The Council shall be composed of not less than 15 and not more than 30 members appointed by the Secretary. (c) Terms.--Members of the Council shall be appointed by the Secretary of Transportation and shall serve for a term of three years. (d) Vacancies.--Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (e) Duties.--The Council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to the Secretary regarding cybersecurity for the testing, deployment, and updating of automated driving systems with respect to supply chain risk management, interactions with Information Sharing and Analysis Centers and Information Sharing and Analysis Organizations, and a framework for identifying and implementing recalls of motor vehicles or motor vehicle equipment. (f) Report to Congress.--The recommendations of the Council shall also be reported to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (g) Federal Advisory Committee Act.--The establishment and operation of the Council shall conform to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (h) Technical Assistance.--On request of the Council, the Secretary shall provide such technical assistance to the Council as the Secretary determines to be necessary to carry out the Council's duties. (i) Detail of Federal Employees.--On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Transportation to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (j) Payment and Expenses.--Members of the Council shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (k) Termination.--The Council shall terminate 6 years after the date of enactment of this Act. (l) Definitions.-- (1) In general.--In this section-- (A) the term ``automated driving system'' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain; (B) the term ``dynamic driving task'' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- (i) lateral vehicle motion control via steering; (ii) longitudinal vehicle motion control via acceleration and deceleration; (iii) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; (iv) object and event response execution; (v) maneuver planning; and (vi) enhancing conspicuity via lighting, signaling, and gesturing; (C) the term ``highly automated vehicle''-- (i) means a motor vehicle equipped with an automated driving system; and (ii) does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code); and (D) the term ``operational design domain'' means the specific conditions under which a given driving automation system or feature thereof is designed to function. (2) Revisions to certain definitions.-- (A) If SAE International (or its successor organization) revises the definition of any of the terms defined in subparagraph (A), (B), or (D) of paragraph (1) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of chapter 301 of title 49, United States Code. If the Secretary so notifies SAE International (or its successor organization), the existing definition in paragraph (1) shall remain in effect. (B) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in subparagraph (A), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this section. The requirements of section 553 of title 5, United States Code, shall not apply to the making of any such conforming amendments. (C) Pursuant to section 553 of title 5, United States Code, the Secretary may update any of the definitions in subparagraph (A), (B), or (D) of paragraph (1) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.

This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration an Automated Driving System Cybersecurity Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding cybersecurity for the testing, deployment, and updating of automated driving systems for motor vehicles with respect to supply chain risk management, interactions with Information Sharing and Analysis Centers and Information Sharing and Analysis Organizations, and a framework for identifying and implementing recalls of motor vehicles or equipment. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.

To establish in the National Highway Traffic Safety Administration an Automated Driving System Cybersecurity Advisory Council to make recommendations regarding cybersecurity for the testing, deployment, and updating of automated driving systems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Infertility Treatment and Care Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Infertility is a medical disease recognized by the World Health Organization, the American Society for Reproductive Medicine, and the American Medical Association that affects men and women equally. (2) According to the Centers for Disease Control and Prevention, 1 in 8 couples have difficulty getting pregnant or sustaining a pregnancy. (3) Infertility affects a broad spectrum of prospective parents. No matter what race, religion, sexuality, or economic status one is, infertility does not discriminate. (4) Approximately one-third of infertility is attributed to the female partner, one-third is attributed to the male partner, and one-third is caused by a combination of problems in both partners or is unexplained. (5) Infertility disproportionately affects individuals with particular health complications. For cancer patients and others who must undergo treatments such as chemotherapy, radiation therapy, hormone therapy, or surgery that are likely to harm the reproductive system and organs, fertility preservation becomes necessary. (6) Leading causes of infertility include chronic conditions and diseases of the endocrine or metabolic systems, such as primary ovarian insufficiency, polycystic ovarian syndrome, endometriosis, thyroid disorders, menstrual cycle defects, autoimmune disorders, hormonal imbalances, testicular disorders, and urological health issues. Other causes include structural problems or blockages within the reproductive system, exposure to infectious diseases, occupational or environmental hazards, or genetic influences. (7) Recent improvements in therapy and cryopreservation make pregnancy possible for more people than in past years. (8) Like all other diseases, infertility and its treatments should be covered by health insurance. (9) A 2017 national survey of employer-sponsored health plans found that 44 percent of employers with at least 500 employees did not cover infertility services, and 25 percent of companies with 20,000 or more employees did not cover infertility services. (10) States that do not require insurance coverage of assisted reproductive technology have higher rates of multiple births. (11) The ability to have a family should not be denied to anyone on account of a lack of insurance coverage for medically necessary treatment. SEC. 3. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY AND IATROGENIC INFERTILITY. (a) In General.--Part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by inserting after section 2728 the following: ``SEC. 2729. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY AND IATROGENIC INFERTILITY. ``(a) In General.--A group health plan or a health insurance issuer offering group or individual health insurance coverage shall ensure that such plan or coverage provides coverage for-- ``(1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and ``(2) the treatment of iatrogenic infertility. ``(b) Definitions.--In this section: ``(1) the term `assisted reproductive technology' means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg or embryo cryopreservation, egg or embryo donation, and gestational surrogacy; ``(2) the term `infertility' means a disease, defined by the failure to achieve a successful pregnancy after 12 months or more, or for women over age 35, 6 months or more, of appropriate, timed unprotected intercourse or therapeutic donor insemination; and ``(3) the term `iatrogenic infertility' means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. ``(c) Required Coverage.-- ``(1) Coverage for infertility.--Subject to paragraph (3), a group health plan and a health insurance issuer offering group or individual health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating physician, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other nonexperimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations such as the American Society for Reproductive Medicine, RESOLVE: The National Infertility Association, and the American College of Obstetricians and Gynecologists. ``(2) Coverage for iatrogenic infertility.--A group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage for treatment of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating physician, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations, including the American Society for Clinical Oncology and the American Society for Reproductive Medicine. ``(3) Limitation on coverage of assisted reproductive technology.--A group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if-- ``(A) the individual has been unable to bring a pregnancy to a live birth through less costly infertility treatments, as determined appropriate by the treating physician, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan or coverage; and ``(B) the treatment is performed at a medical facility that-- ``(i) conforms to the standards of the American Society for Reproductive Medicine and the Society for Assisted Reproductive Technology; and ``(ii) is in compliance with any standards set by an appropriate Federal agency. ``(d) Limitation.--Cost-sharing, including deductibles and coinsurance, or other limitations for infertility and iatrogenic infertility therapy may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services. ``(e) Prohibitions.--A group health plan and a health insurance issuer offering group or individual health insurance coverage may not-- ``(1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility or iatrogenic infertility treatments to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; ``(2) prohibit a provider from discussing with a participant or beneficiary infertility or iatrogenic infertility treatment techniques or medical treatment options relating to this section; or ``(3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility or iatrogenic infertility treatments to a qualified participant or beneficiary in accordance with this section. ``(f) Rule of Construction.--Nothing in this section shall be construed to require a participant or beneficiary to undergo infertility or iatrogenic infertility therapy. ``(g) Notice.--A group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted-- ``(1) in the next mailing made by the plan or issuer to the participant or beneficiary; ``(2) as part of any yearly informational packet sent to the participant or beneficiary; or ``(3) not later than January 1, 2020, whichever is earlier. ``(h) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group or individual health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.''. (b) Conforming Amendment.--Section 2724(c) of the Public Health Service Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2708''. (c) Effective Dates.-- (1) In general.--The amendments made by subsections (a) and (b) shall apply for plan years beginning on or after the date that is 6 months after the date of enactment of this Act. (2) Collective bargaining exception.-- (A) In general.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) the date occurring 6 months after the date of the enactment of this Act. (B) Clarification.--For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. SEC. 4. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p) Coverage for Diagnosis and Treatment of Infertility and Iatrogenic Infertility.-- ``(1) Definitions.--In this subsection, the terms `infertility' and `iatrogenic infertility' have the meanings given those terms in section 2729 of the Public Health Service Act. ``(2) Required coverage.--A contract under this chapter shall provide, in a manner consistent with section 2729 of the Public Health Service Act-- ``(A) coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such contract covers obstetrical benefits; and ``(B) coverage for the diagnosis and treatment of iatrogenic infertility. ``(3) Cost.--Coverage for the diagnosis or treatment of infertility or iatrogenic infertility under a health benefits plan described in section 8903 or 8903a may not be subject to any copayment or deductible greater than the copayment or deductible, respectively, applicable to obstetrical benefits under the plan. ``(4) Preemption.--Subsection (m)(1) shall not, with respect to a contract under this chapter, prevent the inclusion of any terms that, under paragraph (2) of this subsection, are required by reason of section 2729 of the Public Health Service Act.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any contract entered into or renewed for a contract year beginning on or after the date that is 180 days after the date of enactment of this Act, and any health benefits plan offered under such a contract. SEC. 5. BENEFITS FOR TREATMENT OF INFERTILITY AND IATROGENIC INFERTILITY UNDER THE TRICARE PROGRAM. (a) In General.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110c. Obstetrical and infertility benefits ``(a) In General.--Any health care plan under this chapter shall provide, in a manner consistent with section 2729 of the Public Health Service Act-- ``(1) coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan covers obstetrical benefits; and ``(2) coverage for the diagnosis and treatment of iatrogenic infertility. ``(b) Copayment.--The Secretary of Defense shall establish cost- sharing requirements for the coverage of diagnosis and treatment of infertility and iatrogenic infertility described in subsection (a) that are consistent with the cost-sharing requirements applicable to health plans and health insurance coverage under section 2729(d) of the Public Health Service Act. ``(c) Regulations.--The Secretary of Defense shall prescribe any regulations necessary to carry out this section. ``(d) Definitions.--In this section, the terms `infertility' and `iatrogenic infertility' have the meanings given those terms in section 2729 of the Public Health Service Act.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: ``1110c. Obstetrical and infertility benefits.''. SEC. 6. TREATMENT OF INFERTILITY AND IATROGENIC INFERTILITY FOR VETERANS AND SPOUSES OR PARTNERS OF VETERANS. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720J. Infertility treatment for veterans and spouses or partners of veterans. ``(a) In General.--The Secretary shall furnish treatment for infertility and iatrogenic infertility, including through the use of assisted reproductive technology, to a veteran or a spouse or partner of a veteran if the veteran, and the spouse or partner of the veteran, as applicable, apply jointly for such treatment and counseling through a process prescribed by the Secretary for purposes of this section. ``(b) Infertility Defined.--In this section, the terms `infertility' and `iatrogenic infertility' have the meanings given those terms in section 2729 of the Public Health Service Act.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1720I the following new item: ``1720J. Infertility treatment for veterans and spouses or partners of veterans.''. (c) Regulations.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1720J of title 38, United States Code, as added by subsection (a).

Access to Infertility Treatment and Care Act This bill amends the Public Health Service Act to require private health insurance plans that cover obstetrical services to also cover infertility treatments (e.g., in vitro fertilization). The bill also extends coverage to federal employees, members of the U.S. military, and veterans.

Access to Infertility Treatment and Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arabia Mountain National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Arabia Mountain area contains a variety of natural, cultural, historical, scenic, and recreational resources that together represent distinctive aspects of the heritage of the United States that are worthy of recognition, conservation, interpretation, and continuing use. (2) The best methods for managing the resources of the Arabia Mountain area would be through partnerships between public and private entities that combine diverse resources and active communities. (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre park in DeKalb County, Georgia-- (A) protects granite outcrop ecosystems, wetland, and pine and oak forests; and (B) includes federally-protected plant species. (4) Panola Mountain, a national natural landmark, located in the 860-acre Panola Mountain State Conservation Park, is a rare example of a pristine granite outcrop. (5) The archaeological site at Miners Creek Preserve along the South River contains documented evidence of early human activity. (6) The city of Lithonia, Georgia, and related sites of Arabia Mountain and Stone Mountain possess sites that display the history of granite mining as an industry and culture in Georgia, and the impact of that industry on the United States. (7) The community of Klondike is eligible for designation as a National Historic District. (8) The city of Lithonia has 2 structures listed on the National Register of Historic Places. (b) Purposes.--The purposes of this Act are as follows: (1) To recognize, preserve, promote, interpret, and make available for the benefit of the public the natural, cultural, historical, scenic, and recreational resources in the area that includes Arabia Mountain, Panola Mountain, Miners Creek, and other significant sites and communities. (2) To assist the State of Georgia and the counties of DeKalb, Rockdale, and Henry in the State in developing and implementing an integrated cultural, historical, and land resource management program to protect, enhance, and interpret the significant resources within the heritage area. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Heritage area.--The term ``heritage area'' means the Arabia Mountain National Heritage Area established by section 4. (2) Management entity.--The term ``management entity'' means the Arabia Mountain Heritage Area Alliance or a successor of the Arabia Mountain Heritage Area Alliance. (3) Management plan.--The term ``management plan'' means the management plan for the heritage area developed under section 6. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Georgia. SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Arabia Mountain National Heritage Area in the State. (b) Boundaries.--The heritage area shall consist of certain parcels of land in the counties of DeKalb, Rockdale, and Henry in the State, as generally depicted on the map entitled ``The Preferred Concept'' contained in the document entitled ``Arabia Mountain National Heritage Area Feasibility Study'', dated February 28, 2001. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.--The Arabia Mountain Heritage Area Alliance shall be the management entity for the heritage area. SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. (a) Authorities.--For purposes of developing and implementing the management plan, the management entity may-- (1) make grants to, and enter into cooperative agreements with, the State, political subdivisions of the State, and private organizations; (2) hire and compensate staff; and (3) enter into contracts for goods and services. (b) Duties.-- (1) Management plan.-- (A) In general.--The management entity shall develop and submit to the Secretary the management plan. (B) Considerations.--In developing and implementing the management plan, the management entity shall consider the interests of diverse governmental, business, and nonprofit groups within the heritage area. (2) Priorities.--The management entity shall give priority to implementing actions described in the management plan, including the following: (A) Assisting units of government and nonprofit organizations in preserving resources within the heritage area. (B) Encouraging local governments to adopt land use policies consistent with the management of the heritage area and the goals of the management plan. (3) Public meetings.--The management entity shall conduct public meetings at least quarterly on the implementation of the management plan. (4) Annual report.--For any year in which Federal funds have been made available under this Act, the management entity shall submit to the Secretary an annual report that describes the following: (A) The accomplishments of the management entity. (B) The expenses and income of the management entity. (5) Audit.--The management entity shall-- (A) make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds; and (B) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of those funds. (c) Use of Federal Funds.-- (1) In general.--The management entity shall not use Federal funds made available under this Act to acquire real property or an interest in real property. (2) Other sources.--Nothing in this Act precludes the management entity from using Federal funds made available under other Federal laws for any purpose for which the funds are authorized to be used. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management entity shall develop a management plan for the heritage area that incorporates an integrated and cooperative approach to protect, interpret, and enhance the natural, cultural, historical, scenic, and recreational resources of the heritage area. (b) Basis.--The management plan shall be based on the preferred concept in the document entitled ``Arabia Mountain National Heritage Area Feasibility Study'', dated February 28, 2001. (c) Consideration of Other Plans and Actions.--The management plan shall-- (1) take into consideration State and local plans; and (2) involve residents, public agencies, and private organizations in the heritage area. (d) Requirements.--The management plan shall include the following: (1) An inventory of the resources in the heritage area, including-- (A) a list of property in the heritage area that-- (i) relates to the purposes of the heritage area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the heritage area. (2) Provisions for the protection, interpretation, and enjoyment of the resources of the heritage area consistent with the purposes of this Act. (3) An interpretation plan for the heritage area. (4) A program for implementation of the management plan that includes-- (A) actions to be carried out by units of government, private organizations, and public-private partnerships to protect the resources of the heritage area; and (B) the identification of existing and potential sources of funding for implementing the plan. (5) A description and evaluation of the management entity, including the membership and organizational structure of the management entity. (e) Submission to Secretary for Approval.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the management entity shall submit the management plan to the Secretary for approval. (2) Effect of failure to submit.--If a management plan is not submitted to the Secretary by the date specified in paragraph (1), the Secretary shall not provide any additional funding under this Act until such date as a management plan for the heritage area is submitted to the Secretary. (f) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 90 days after receiving the management plan submitted under subsection (e), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Action following disapproval.-- (A) Revision.--If the Secretary disapproves a management plan submitted under paragraph (1), the Secretary shall-- (i) advise the management entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the management entity to submit to the Secretary revisions to the management plan. (B) Deadline for approval of revision.--Not later than 90 days after the date on which a revision is submitted under subparagraph (A)(iii), the Secretary shall approve or disapprove the revision. (g) Revision of Management Plan.-- (1) In general.--After approval by the Secretary of a management plan, the management entity shall periodically-- (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the management entity for any revisions to the management plan that the management entity considers to be appropriate. (2) Expenditure of funds.--No funds made available under this Act shall be used to implement any revision proposed by the management entity under paragraph (1)(B) until the Secretary approves the revision. SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE. (a) In General.--At the request of the management entity, the Secretary may provide technical and financial assistance to the heritage area to develop and implement the management plan. (b) Priority.--In providing assistance under subsection (a), the Secretary shall give priority to actions that facilitate-- (1) the conservation of the significant natural, cultural, historical, scenic, and recreational resources that support the purposes of the heritage area; and (2) the provision of educational, interpretive, and recreational opportunities that are consistent with the resources and associated values of the heritage area. SEC. 8. EFFECT ON CERTAIN AUTHORITY. (a) Occupational, Safety, Conservation, and Environmental Regulation.--Nothing in this Act-- (1) imposes an occupational, safety, conservation, or environmental regulation on the heritage area that is more stringent than the regulations that would be applicable to the land described in section 4(b) but for the establishment of the heritage area by section 4; or (2) authorizes a Federal agency to promulgate an occupational, safety, conservation, or environmental regulation for the heritage area that is more stringent than the regulations applicable to the land described in section 4(b) as of the date of enactment of this Act, solely as a result of the establishment of the heritage area by section 4. (b) Land Use Regulation.--Nothing in this Act-- (1) modifies, enlarges, or diminishes any authority of the Federal Government or a State or local government to regulate any use of land as provided for by law (including regulations) in existence on the date of enactment of this Act; or (2) grants powers of zoning or land use to the management entity. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, to remain available until expended, of which not more than $1,000,000 may be used in any fiscal year. (b) Federal Share.--The Federal share of the cost of any project or activity carried out using funds made available under this Act shall not exceed 50 percent. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to make any grant or provide any assistance under this Act shall terminate on September 30, 2016.

Arabia Mountain National Heritage Area Act - Establishes the Arabia Mountain National Heritage Area in Georgia. Designates the Arabia Mountain Heritage Area Alliance as the Area's management entity. Requires the Alliance to develop a management plan for the Heritage Area and to implement that plan following approval by the Secretary of the Interior.

A bill to establish the Arabia Mountain National Heritage Area in the State of Georgia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cat Island National Wildlife Refuge Establishment Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) as the southernmost unleveed portion of the Mississippi River, Cat Island, Louisiana, is one of the last remaining tracts in the lower Mississippi Valley that is still influenced by the natural dynamics of the river; (2) Cat Island supports one of the highest densities of virgin bald cypress trees in the entire Mississippi River Valley, including the Nation's champion cypress tree which is 17 feet wide and has a circumference of 53 feet; (3) Cat Island is important habitat for several declining species of forest songbirds and supports thousands of wintering waterfowl; (4) Cat Island supports high populations of deer, turkey, and furbearers, such as mink and bobcats; (5) conservation and enhancement of this area through inclusion in the National Wildlife Refuge System would help meet the habitat conservation goals of the North American Waterfowl Management Plan; (6) these forested wetlands represent one of the most valuable and productive wildlife habitat types in the United States, and have extremely high recreational value for hunters, anglers, birdwatchers, nature photographers, and others; and (7) the Cat Island area is deserving of inclusion in the National Wildlife Refuge System. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Refuge'' means the Cat Island National Wildlife Refuge; and (2) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. PURPOSES. The purposes for which the Refuge is established and shall be managed are-- (1) to conserve, restore, and manage habitats as necessary to contribute to the migratory bird population goals and habitat objective as established through the Lower Mississippi Valley Joint Venture; (2) to conserve, restore, and manage the significant aquatic resource values associated with the area's forested wetlands and to achieve the habitat objectives of the ``Mississippi River Aquatic Resources Management Plan''; (3) to conserve, enhance, and restore the historic native bottomland community characteristics of the lower Mississippi alluvial valley and its associated fish, wildlife, and plant species; (4) to conserve, enhance, and restore habitat to maintain and assist in the recovery of endangered, and threatened plants and animals; and (5) to encourage the use of volunteers and facilitate partnerships among the United States Fish and Wildlife Service, local communities, conservation organizations, and other non- Federal entities to promote public awareness of the resources of the Refuge and the National Wildlife Refuge System and public participation in the conservation of those resources. SEC. 5. ESTABLISHMENT OF REFUGE. (a) Acquisition Boundary.--The Secretary is authorized to establish the Cat Island National Wildlife Refuge, consisting of approximately 36,500 acres of land and water, as depicted upon a map entitled ``Cat Island National Wildlife Refuge-Proposed'', dated February 8, 2000, and available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Boundary Revisions.--The Secretary may make such minor revisions of the boundary designated under this section as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (c) Acquisition.--The Secretary is authorized to acquire the lands and waters, or interests therein, within the acquisition boundary described in subsection (a) of this section. (d) Establishment.--The Secretary shall establish the Refuge by publication of a notice to that effect in the Federal Register and publications of local circulation whenever sufficient property has been acquired to constitute an area that can be efficiently managed as a National Wildlife Refuge. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer all lands, waters, and interests therein acquired under this Act in accordance with the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.). The Secretary may use such additional statutory authority as may be available for the conservation of fish and wildlife, and the provision of fish- and wildlife-oriented recreational opportunities as the Secretary considers appropriate to carry out the purposes of this Act. (b) Priority Uses.--In providing opportunities for compatible fish- and wildlife-oriented recreation, the Secretary, in accordance with paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior-- (1) such funds as may be necessary for the acquisition of lands and waters designated in section 5(c); and (2) such funds as may be necessary for the development, operation, and maintenance of the Refuge. SEC. 8. DESIGNATION OF HERBERT H. BATEMAN EDUCATION AND ADMINISTRATIVE CENTER. (a) In General.--A building proposed to be located within the boundaries of the Chincoteague National Wildlife Refuge, on Assateague Island, Virginia, shall be known and designated as the ``Herbert H. Bateman Education and Administrative Center''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection (a) shall be deemed to be a reference to the Herbert H. Bateman Education and Administrative Center. SEC. 9. TECHNICAL CORRECTIONS. (a) Effective on the day after the date of the enactment of the Act entitled, ``An Act to reauthorize the Junior Duck Stamp Conservation and Design Program Act of 1994'' (106th Congress), section 6 of the Junior Duck Stamp Conservation and Design Program Act of 1994 (16 U.S.C. 668dd note; Public Law 103-340), relating to an environmental education center and refuge, is redesignated as section 7. (b) Effective on the day after the date of the enactment of the Cahaba River National Wildlife Refuge Establishment Act (106th Congress), section 6 of that Act is amended-- (1) in paragraph (2), by striking ``the Endangered Species Act of 1973 (16 U.S.C. 1331 et seq.)'' and inserting ``the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)''; and (2) in paragraph (3), by striking ``section 4(a)(3) and (4) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668ee(a)(3), (4))'' and inserting ``paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a))''. (c) Effective on the day after the date of the enactment of the Red River National Wildlife Refuge Act (106th Congress), section 4(b)(2)(D) of that Act is amended by striking ``section 4(a)(3) and (4) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668ee(a)(3), (4))'' and inserting ``paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a))''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary, in providing opportunities for compatible fish- and wildlife-oriented recreation on the Refuge, to ensure that hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority public uses of the Refuge. Authorizes appropriations. Designates a building proposed to be located within the Chincoteague National Wildlife Refuge on Assateague Island, Virginia, as the Herbert H. Bateman Education And Administrative Center.

Cat Island National Wildlife Refuge Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farm and Small Business Tax Relief Act of 2012''. SEC. 2. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND AND FAMILY- OWNED BUSINESS INTERESTS. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. CERTAIN FARMLAND AND FAMILY-OWNED BUSINESS INTERESTS. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the value of the gross estate shall not include the adjusted value of-- ``(1) qualified farmland, and ``(2) the qualified family-owned business interests, of the decedent otherwise includible in the estate. ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, ``(2) the executor elects the application of this section and files the agreement referred to in subsection (h), ``(3) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) the qualified farmland or the qualified family-owned business interest, or both, as the case may be, was owned by the decedent or a member of the decedent's family, and ``(B) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent's family in the operation of the qualified farmland or the business to which such interest relates. ``(c) Qualified Family-Owned Business Interests.--For purposes of this section-- ``(1) Adjusted value.--The adjusted value of any qualified family-owned business interest is the value of such interest for purposes of this chapter (determined without regard to this section), reduced by the excess of-- ``(A) any amount deductible under paragraph (3) or (4) of section 2053(a), over ``(B) the sum of-- ``(i) any indebtedness on any qualified residence of the decedent the interest on which is deductible under section 163(h)(3), plus ``(ii) any indebtedness to the extent the taxpayer establishes that the proceeds of such indebtedness were used for the payment of educational and medical expenses of the decedent, the decedent's spouse, or the decedent's dependents (within the meaning of section 152), plus ``(iii) any indebtedness not described in subparagraph (A) or (B), to the extent such indebtedness does not exceed $10,000. ``(2) Qualified family-owned business interest defined.-- The term `qualified family-owned business interest' has the meaning given such term by section 2057(e). ``(d) Qualified Farmland.--For purposes of this section, the term `qualified farmland' means any real property-- ``(1) which is located in the United States, ``(2) which is used as a farm for farming purposes (as defined in section 2032A(e)), and ``(3) which was acquired from or passed from the decedent to a qualified heir of the decedent which, on the date of the decedent's death, was being so used by the decedent or a member of the decedent's family. ``(e) Tax Treatment of Failure to Materially Participate in Business or Dispositions of Interests.-- ``(1) In general.--There is imposed an additional estate tax if, within 10 years after the date of the decedent's death and before the date of the qualified heir's death-- ``(A) in the case of a qualified family-owned business interest-- ``(i) the material participation requirements of subsection (b)(3)(B) are not met with respect to the qualified family-owned business interest which was acquired (or passed) from the decedent, ``(ii) the principal place of business of a trade or business of the qualified family-owned business interest ceases to be located in the United States, or ``(iii) the qualified heir disposes of any interest in the qualified family-owned business interest, other than by a disposition to a member of the qualified heir's family, ``(B) in the case of qualified farmland-- ``(i) the qualified heir ceases to use the real property which was acquired (or passed) from the decedent as a farm for farming purposes, or ``(ii) the qualified heir disposes of any interest in qualified farmland, other than by a disposition to a member of the qualified heir's family, or ``(C)(i) the qualified heir loses United States citizenship (within the meaning of section 877) or with respect to whom an event described in subparagraph (A) or (B) of section 877(e)(1) occurs, and ``(ii) such heir does not comply with the rules similar to the rules of section 2057(g) (relating to security requirements for noncitizen qualified heirs). ``(2) Additional estate tax.-- ``(A) In general.--The amount of the additional estate tax imposed by paragraph (1) shall be equal to-- ``(i) the applicable percentage of the adjusted tax difference attributable to the qualified family-owned business interest (as determined under rules similar to the rules of section 2032A(c)(2)(B)), plus ``(ii) interest on the amount determined under clause (i) at the underpayment rate established under section 6621 for the period beginning on the date the estate tax liability was due under this chapter and ending on the date such additional estate tax is due. ``(B) Applicable percentage.--For purposes of this paragraph, the applicable percentage shall be determined under the following table: ``If the event described in paragraph (1) occurs in the following year of The applicable material participation: percentage is: 1 through 6........................................ 100 7.................................................. 80 8.................................................. 60 9.................................................. 40 10................................................. 20. ``(C) Adjusted tax difference.--For purposes of subparagraph (A)-- ``(i) In general.--The adjusted tax difference attributable to a qualified family- owned business interest is the amount which bears the same ratio to the adjusted tax difference with respect to the estate (determined under clause (ii)) as the value of such interest bears to the value of all qualified family-owned business interests described in subsection (b)(2). ``(ii) Adjusted tax difference with respect to the estate.--For purposes of clause (i), the term `adjusted tax difference with respect to the estate' means the excess of what would have been the estate tax liability but for the election under this section over the estate tax liability. For purposes of this clause, the term `estate tax liability' means the tax imposed by section 2001 reduced by the credits allowable against such tax. ``(f) Other Definitions and Applicable Rules.--For purposes of this section-- ``(1) Qualified heir.--The term `qualified heir'-- ``(A) has the meaning given to such term by section 2032A(e)(1), and ``(B) includes any active employee of the trade or business to which the qualified family-owned business interest relates if such employee has been employed by such trade or business for a period of at least 10 years before the date of the decedent's death. ``(2) Member of the family.--The term `member of the family' has the meaning given to such term by section 2032A(e)(2). ``(3) Material participation.--The term `material participation' has the meaning given to such term by section 2032A(e)(6). ``(4) Applicable rules.--Rules similar to the following rules shall apply: ``(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ``(B) Section 2032A(b)(5) (relating to special rules for surviving spouses). ``(C) Section 2032A(c)(2)(D) (relating to partial dispositions). ``(D) Section 2032A(c)(3) (relating to only 1 additional tax imposed with respect to any 1 portion). ``(E) Section 2032A(c)(4) (relating to due date). ``(F) Section 2032A(c)(5) (relating to liability for tax; furnishing of bond). ``(G) Section 2032A(c)(6) (relating to cessation of qualified use). ``(H) Section 2032A(c)(7) (relating to no tax if use begins within 2 years; active management by eligible qualified heir treated as material participation). ``(I) Section 2032A(c)(8) (relating to qualified conservation contribution is not a disposition). ``(J) Paragraphs (1) and (3) of section 2032A(d) (relating to election; agreement). ``(K) Section 2032A(e)(10) (relating to community property). ``(L) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ``(M) Section 2032A(f) (relating to statute of limitations). ``(N) Section 2032A(g) (relating to application of this section and section 6324B to interests in partnerships, corporations, and trusts). ``(O) Section 2032A(h) (relating to special rules for involuntary conversions of qualified real property). ``(P) Section 2032A(i) (relating to exchanges of qualified real property). ``(Q) Section 6166(b)(3) (relating to farmhouses and certain other structures taken into account). ``(R) Subparagraphs (B), (C), and (D) of section 6166(g)(1) (relating to acceleration of payment). ``(S) Section 6324B (relating to special lien for additional estate tax).''. (b) Conforming Amendment.--Section 2032A of such Code is amended by adding at the end the following: ``(e) Termination.--This section shall not apply with respect to decedents dying after December 31, 2012.''. (c) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Family-owned business exclusion.''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 2012. SEC. 3. ESTATE TAX MADE PERMANENT. (a) In General.--Title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by striking section 304. (b) Conforming Amendment.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act. (c) Effective Date.--The amendment made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation skipping transfers after December 31, 2012.

Family Farm and Small Business Tax Relief Act of 2012 - Amends the Internal Revenue Code to exclude from a decedent's gross estate, for estate tax purposes, the adjusted value of qualified farmland and qualified family-owned business interests. Imposes an additional estate tax if, within 10 years after the decedent's death and before the date of the qualified heir's death: (1) qualified farmland ceases to be used for farming purposes or is sold outside of the qualified heir's family; or (2) material participation requirements for a qualified family-owned business interest are not met, the business ceases to be located in the United States, or the business is sold outside the qualified heir's family. Makes permanent estate tax provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.

To amend the Internal Revenue Code of 1986 to exclude certain farmland and family-owned business interests from the value of the gross estate of decedents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Independence for Seniors Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Community-based services play an essential role in keeping individuals healthy. (2) Without community-based long-term services and supports, which are not typically covered by Medicare, seniors frequently experience negative health outcomes and lose their ability to live independently. (3) Seniors who deplete their resources often have no option but to turn to Medicaid for coverage of long-term care expenses. (4) Targeting community-based services and supports to at- risk seniors can help these individuals avoid depleting their assets and becoming Medicaid dependent. SEC. 3. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION. Part C of title XVIII of the Social Security Act is amended by inserting after section 1859 (42 U.S.C. 1395w-28) the following new section: ``SEC. 1859A. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a Community-Based Institutional Special Needs Plan demonstration program (in this section referred to as the `CBI-SNP demonstration program') to provide home and community-based care to eligible Medicare beneficiaries. ``(2) Agreements.--The Secretary shall enter into agreements with eligible MA organizations under which such organizations shall offer eligible MA plans under the CBI-SNP demonstration program to eligible Medicare beneficiaries. ``(3) Limitation on number of plans.--The CBI-SNP demonstration program shall be carried out with respect to not greater than five MA plans. ``(4) Eligible ma plans defined.--For purposes of this section, the term `eligible MA plan' means a plan that, in addition to items and services for which coverage is otherwise provided under this part (including benefits under section 1852(a)(3) and notwithstanding any waivers under section 1915(c)), provides for coverage of long-term care services and supports that the Secretary determines appropriate for the purposes of the CBI-SNP demonstration program, such as-- ``(A) homemaker services; ``(B) home delivered meals; ``(C) transportation services; ``(D) respite care; ``(E) adult day care services; and ``(F) safety and other equipment not otherwise covered under this title. ``(b) Eligible MA Organizations.--For purposes of this section, the term `eligible MA organization' means an MA organization that-- ``(1) has experience in offering specialized MA plans for special needs individuals, as defined in section 1859(b)(6)(A), to individuals who live in the community in which the eligible MA plan is offered; ``(2) has experience working with low-income seniors groups; ``(3) is located in a State that the Secretary has determined is able to participate in the CBI-SNP demonstration program by agreeing to make available data necessary for purposes of conducting the independent evaluation required under subsection (h); and ``(4) meets such other criteria as the Secretary may require. ``(c) Eligible Medicare Beneficiary Defined.--In this section, the term `eligible Medicare beneficiary' means a Medicare beneficiary who-- ``(1) is eligible to enroll in an eligible MA plan under the CBI-SNP demonstration program; ``(2) is a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)); ``(3) is not eligible to receive benefits under title XIX; ``(4) is unable to perform 2 or more activities of daily living (as defined in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986); and ``(5) is age 65 or older. ``(d) Payments.--The Secretary shall establish payment rates for eligible MA organizations offering eligible MA plans under the CBI-SNP demonstration program for benefits covered under such program (and not otherwise covered under part C) and provided to eligible Medicare beneficiaries under such plans. Such payment rates shall-- ``(1) be based upon payment rates established for purposes of payment under section 1853; ``(2) be in addition to payments otherwise made to such organization with respect to such plans under part C; ``(3) be adjusted to reflect the costs of treating eligible Medicare beneficiaries under this section; and ``(4) not, with respect to a month in which an eligible MA organization provides home and community-based care to eligible Medicare beneficiaries under such demonstration program, exceed an amount for such month that is equal to the amount that would be awarded to such organization if the organization were to receive $400 with respect to each such beneficiary that the organization provides with such care during such month. ``(e) Special Election Period.--Notwithstanding sections 1852(e)(2)(C) and 1860D-1(b)(1)(B)(iii), an eligible Medicare beneficiary may, other than during the annual, coordinated election periods under such sections-- ``(1) discontinue enrollment in an MA plan not participating in the CBI-SNP demonstration program and enroll in an MA plan participating in such program; and ``(2) discontinue enrollment under the original medicare fee-for-service program under parts A and B and the enrollment in a prescription drug plan under part D and enroll in an MA plan participating in the CBI-SNP demonstration program. ``(f) Beneficiary Education.--The Secretary shall help to educate, through State Health Insurance Assistance Programs and other organizations that assist seniors with respect to benefits and enrollment under this title, eligible Medicare beneficiaries on the availability of the CBI-SNP demonstration program. ``(g) Implementation.-- ``(1) Deadline.--The CBI-SNP demonstration program shall be implemented not later than January 1 of the second year beginning after the date of the enactment of this section. ``(2) Duration.--Subject to paragraph (3), the CBI-SNP demonstration program shall be conducted for a period of five years. ``(3) Extension or expansion.--Taking into account the report under subsection (h)(2), the Secretary may, through rulemaking, expand (including implementation on a nationwide or permanent basis) the duration or the scope CBI-SNP demonstration program to the extent determined appropriate by the Secretary, unless the Secretary determines that such expansion is expected to-- ``(A) increase aggregate expenditures under this title and title XIX with respect to eligible Medicare beneficiaries participating in the CBI-SNP demonstration program; or ``(B) decrease the quality of health care services furnished to eligible Medicare beneficiaries participating in the CBI-SNP demonstration program. ``(h) Independent Evaluation and Reports.-- ``(1) Independent evaluation.-- ``(A) In general.--The Secretary shall provide for the evaluation of the CBI-SNP demonstration program by an independent third party. ``(B) Evaluation objectives.--Such evaluation shall determine the extent to which the CBI-SNP demonstration program has resulted in-- ``(i) improved patient care; ``(ii) reduced hospitalizations or rehospitalizations; ``(iii) reduced or delayed nursing facility admissions and lengths of stay under title XIX; ``(iv) reduced spend down of income and assets for purposes of becoming eligible for medical assistance under a State plan under title XIX; ``(v) improved quality of life for the eligible Medicare beneficiaries enrolled in an eligible MA plan participating in the CBI-SNP demonstration program; and ``(vi) improved caregiver satisfaction. ``(C) Evaluation process.--Such evaluation shall be completed in accordance with the following process: ``(i) The Secretary shall, prior to the implementation of such program, establish goals for such program with respect to the evaluation objectives described in subparagraph (B) and criteria for measuring the extent to which an eligible MA plan participating in the CBI-SNP demonstration program meets such goals. ``(ii) The Secretary shall implement clear data collection and reporting requirements for such eligible MA plans in order to carry out such evaluation. In carrying out such process, the Secretary shall recognize that definitions, benefits, and program requirements for long-term care services and supports vary across States. ``(2) Reports.--Not later than four years after the implementation of the CBI-SNP demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with such recommendations for legislative or administrative action as the Secretary determines appropriate. In preparing such report, the Secretary shall use at least three years worth of data under the demonstration program. ``(i) Budget Neutrality.--For any year after the third year of the CBI-SNP demonstration program, the Secretary shall ensure that the aggregate payments made under this title and title XIX, including under the demonstration program, do not exceed the amount which the Secretary estimates would have been expended under such titles during such year if the CBI-SNP demonstration program had not been implemented. ``(j) Paperwork Reduction Act.--Chapter 35 of title 44, United States Code, shall not apply to the testing and evaluation of the CBI- SNP demonstration program.''.

Community-Based Independence for Seniors Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to establish a Community-Based Institutional Special Needs Plan demonstration program through which up to five eligible Medicare Advantage (MA) organizations shall provide home and community-based care to eligible Medicare beneficiaries. For purposes of the demonstration program, an eligible Medicare beneficiary is ineligible for Medicaid and unable to perform two or more activities of daily living. The Centers for Medicare & Medicaid Services (CMS) shall establish payment rates for eligible MA plans under the demonstration program. Such payment rates are capped but shall be in addition to payments otherwise made to MA organizations with respect to such plans. CMS shall also: (1) help to educate eligible Medicare beneficiaries on the availability of the program, and (2) provide for program evaluation by an independent third party.

Community-Based Independence for Seniors Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coverage Protection Act''. SEC. 2. AUTHORITY TO PROVIDE TIMELY COVERAGE FOR INDIVIDUALS WHO WERE UNABLE TO ENROLL IN A QUALIFIED HEALTH PLAN. (a) In General.--In the case of an individual who enrolls in a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act (Public Law 111-148) before February 1, 2014, the Secretary of Health and Human Services shall require that the issuer of the plan treat such individual as enrolled in such plan as of December 23, 2013, if the following conditions are met: (1) Attempted timely enrollment.--The individual submits, not later than January 31, 2014, an attestation (in such form and manner as the Secretary may require) that the individual-- (A) made reasonable, good-faith attempts, but was unable, to successfully enroll in such a plan through an Exchange before December 23, 2013; or (B) was initially determined through healthcare.gov to be eligible to enroll in a Medicaid plan under title XIX of the Social Security Act but is not eligible to so enroll in such a Medicaid plan and, because of such incorrect eligibility determination, was subsequently unable to enroll in a qualified health plan before December 23, 2013. (2) Payment of premiums.--The individual pays to the health insurance issuer issuing the qualified health plan in which such individual is enrolled (either directly or through the Exchange) any applicable premiums owed by such individual for enrollment in the plan taking into account the amount of any premium assistance made available under section 36B of the Internal Revenue Code of 1986. (b) Application for Purposes of Premium Assistance, Reduced Cost- Sharing, and Individual Responsibility.--Coverage provided under a qualified health plan for January and February of 2014 under subsection (a) shall be counted as coverage under such a plan by or through an Exchange for such months for all purposes, including the following: (1) Premium assistance.--Section 36B of the Internal Revenue Code of 1986. (2) Cost-sharing reductions.--Section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). (3) Individual responsibility requirement.--Section 5000A of the Internal Revenue Code of 1986. SEC. 3. RETROACTIVE COVERAGE AND PREMIUM ASSISTANCE. Section 1311(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)) is amended by adding at the end the following: ``(7) State option to make initial coverage retroactive.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary shall permit a State, at the option of the State, to make coverage under a qualified health plan retroactive to January 1, 2014, with respect to an individual who enrolls in such plan through the State Exchange (or the Federal Exchange in the case of a State that has not established a State Exchange) during the period established by the State under subparagraph (B). Any health care items or services provided to such enrollee in January of 2014 shall be covered retroactively under the plan as if the enrollee had been enrolled on January 1 of such year. ``(B) Period.--The period established under this subparagraph shall be the period beginning on December 23, 2013, and ending on a date determined by the State, but in no event later than January 31, 2014, except that a State that has an enrollment deadline that is prior to December 23, 2013, may modify the period under this subparagraph to encompass such deadline. ``(C) Tax credits and cost sharing assistance.--If an individual is determined to be eligible for a tax credit under section 36B of the Internal Revenue Code of 1986 or cost-sharing assistance under section 1402, but such determination has not been verified by the date on which the individual enrolls in the qualified health plan involved, the credit and assistance shall be applied on a retroactive basis to January 1, 2014, and the initial premium payment amount shall be offset to include such credit and assistance amounts for such month.''. SEC. 4. TRANSITIONAL USE OF RECEIPT OF INSURANCE PAYMENT AS ALTERNATIVE TO HEALTH INSURANCE CARD FOR EXCHANGE PLANS. (a) In General.--The Secretary of Health and Human Services shall require a health insurance issuer that offers a qualified health plan through an Exchange under title I of the Patient Protection and Affordable Care Act (Public Law 111-148)-- (1) to allow in-network providers in such plan to treat, for purposes of coverage under the plan, a receipt of payment of premiums by an individual enrolled under the plan for January or February 2014 who has not received a health insurance card from the issuer in the same manner as if such receipt were such a health insurance card issued to such individual by the issuer for services furnished during such month; and (2) to notify such in-network providers of the policy under paragraph (1). (b) Rule of Construction.--Nothing in this section shall be construed as precluding a health care provider from directly seeking to verify the status of the enrollment of an individual in a qualified health plan offered through an Exchange by contacting the Exchange or the issuer of such plan.

Coverage Protection Act - Directs the Secretary of Health and Human Services (HHS), in the case of an individual who enrolls in a qualified health plan offered through a health care exchange established under the Patient Protection and Affordable Care Act (PPACA) before February 1, 2014, to require the issuer of the plan to treat such individual as enrolled as of December 23, 2013, if the individual: attests, not later than January 31, 2014, to making reasonable, good-faith attempts to successfully enroll in such a plan through an exchange before December 23, 2013, or was initially determined through healthcare.gov to be eligible to enroll in a Medicaid plan but is not eligible to so enroll in such a plan and, because of the incorrect eligibility determination, was subsequently unable to enroll in a qualified plan before December 23, 2013; and pays to the issuer of the plan in which the individual is enrolled any premiums owed for enrollment in the plan, taking into account the amount of any premium assistance made available under the Internal Revenue Code. Counts coverage provided under a qualified plan for January and February 2014 under this Act as coverage under such a plan by or through an exchange for such months for all purposes, including premium assistance, PPACA cost-sharing reductions, and the requirement to maintain minimum essential coverage. Amends PPACA to allow a state to make coverage under a qualified plan retroactive to January 1, 2014, with respect to an individual who enrolls through the state exchange (or the federal exchange in the case of a state that does not have one) during the period established by the state that begins on December 23, 2013, and ends on a date determined by the state, but not later than January 31, 2014. Allows a state that has an enrollment deadline that is prior to December 23, 2013, to modify the period to encompass such deadline. Applies retroactively to January 1, 2014, any premium assistance tax credit or cost-sharing assistance for which the individual is determined to be eligible, but where the determination has not been verified by the date on which the individual enrolls in the qualified plan. Directs the Secretary to require a health insurance issuer that offers a qualified plan through an exchange to: allow in-network providers in the plan to treat a receipt of payment of premiums by an individual enrolled for January or February 2014 who has not received a health insurance card from the issuer in the same manner as if such receipt were such a health insurance card issued for services furnished during such month; and notify such in-network providers of that policy.

Coverage Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipality Empowerment Mapping Achievement Act of 2017'' or the ``MEMA Act of 2017''. SEC. 2. NATIONAL FLOOD MAPPING PROGRAM. (a) In General.--Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (A), by striking ``to--'' and all that follows through the end of clause (vi) and inserting ``to all areas of the United States;''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking ``accurate topography'' and all that follows through the period at the end and inserting ``current and best remote sensing technology; and''; and (D) by adding at the end the following: ``(D) when appropriate, partner with other Federal agencies and private entities in order to meet the objectives of the program.''; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following: ``(f) Incorporating Building-Specific Flood Risk Information.-- ``(1) Establishment.-- ``(A) In general.--Not later than 5 years after the date of enactment of the Municipality Empowerment Mapping Achievement Act of 2017, the Administrator, in coordination with, and as recommended by, the Technical Mapping Advisory Council, shall establish a dynamic, database-derived digital display environment for flood hazard risk production and dissemination. ``(B) Consultation with states and communities.--In designing and constructing the environment under subparagraph (A), the Administrator shall-- ``(i) leverage and partner with States and communities that have successfully implemented the same approach; and ``(ii) consider adopting the techniques and technologies used by States and communities described in clause (i) and applying those techniques and technologies nationwide. ``(2) Digital display.-- ``(A) In general.--In carrying out paragraph (1), the Administrator shall create a digital display prompted through dynamic querying of a spatial, relational building database that may not be publically disseminated and that includes-- ``(i) special flood hazard areas and base flood elevations for purposes of lender compliance with the requirements under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a); and ``(ii) structure-specific flood risk information, including, for each property address-- ``(I) the spatial footprint and elevation of the structure relative to special flood hazard areas and base flood elevations; ``(II) the most current elevation certificate applicable to the property; ``(III) any letter of map changes; ``(IV) the full risk premium rate estimated for the structure under section 1307(a)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) based on elevation data; ``(V) the disclosure described in section 1308(l) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(l)), which shall include-- ``(aa) the extent to which, if any, the chargeable premium rate applicable to the property is less than the full risk premium rate under section 1307(a)(1) of that Act (42 U.S.C. 4014(a)(1)); and ``(bb) an explanation of the difference described in item (aa) and the methodology used to rate the property; ``(VI) the estimated cost to repair the structure in the case of damage from floods with recurrence intervals ranging from the 10 percent annual chance event to the 0.2 percent annual chance event; ``(VII) the cost-effectiveness of mitigating the structure using common methods and how the chargeable premium rate would change based on each mitigation method; and ``(VIII) the claims history of the structure, including the amount and date of each loss. ``(B) Privacy requirements.--With respect to the database described in subparagraph (A), including any data used to create that database, the Administrator may not disseminate the database to-- ``(i) the public; or ``(ii) a private company for use by the private company. ``(3) Database.-- ``(A) In general.--The Administrator shall-- ``(i) develop a spatial, relational database of buildings in the national flood insurance program; and ``(ii) obtain the data necessary to support the digital display created under paragraph (2). ``(B) Data.--The data obtained under subparagraph (A) shall include, at a minimum-- ``(i) footprints and elevations (including lowest adjacent grade and first floor) from Light Detection and Ranging (commonly known as `LiDAR') data collections or other data collection methods that meet or exceed the standards for buildings, as determined by the Administrator; ``(ii) elevation certificates; ``(iii) parcel, address, and imagery data necessary for the identification, assessment, and reduction of flood hazards for individual properties; ``(iv) flood insurance rate maps, studies, and supporting data; ``(v) letters of map change; and ``(vi) any other data that the Administrator determines necessary to collect to meet the objectives of this section. ``(4) Data procurement.--The Administrator shall obtain any data necessary to establish the environment under paragraph (1), including by-- ``(A) directing communities participating in the national flood insurance program, by regulation, to collect and supply information, including elevation data, for each structure that obtains a construction or other development permit within-- ``(i) a special flood hazard area; or ``(ii) an advisory special flood hazard area adopted by the community; ``(B) issuing guidelines and standards, as determined by the Administrator; ``(C) partnering with other Federal, State, local, and private stakeholders to the greatest extent possible to obtain and share existing data that meets or exceeds the standards determined by the Administrator under subparagraph (B); and ``(D) contracting with private companies to obtain new LiDAR data collections or elevation certificates. ``(5) NFIP premium credit.--The Administrator shall provide a 1-time premium credit of not more than $500 to a policyholder for the purchase of an elevation certificate. ``(6) Mass letters of map change.--In coordination with States and communities that have successfully implemented a dynamic, database-derived digital display environment for flood hazard risk production and dissemination, the Administrator shall issue guidelines for the adoption and integration into the National Flood Mapping Program of LiDAR-based letter of map amendment approaches. ``(7) Annual report.--The Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual progress report on the implementation of this subsection, which shall include recommendations to reduce the cost and improve the implementation of this subsection.''. (b) Reimbursement Authority.--Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following: ``(k) Reimbursement Authority.--With respect to any State or local agency that assists the Administrator in carrying out the responsibilities of the Administrator under subsection (a)(2), the Administrator may reimburse the State or local agency for the cost of providing that assistance if the State or local agency, in providing the assistance, complies with-- ``(1) any standards established by the Administrator under this section; and ``(2) the guidance document entitled `Guidance for Flood Risk Analysis and Mapping: Physical Map Revision (PMR)', published by the Administrator in November 2016.''.

Municipality Empowerment Mapping Achievement Act of 2017 or the MEMA Act of 2017 This bill amends the Biggert-Waters Flood Insurance Reform Act of 2012 to require National Flood Insurance Program (NFIP) rate maps to be published by the Federal Emergency Management Agency (FEMA) for the entire United States (current law directs the mapping of certain risk areas). In developing these rate maps, FEMA must use the most current remote sensing technology. In coordination with the Technical Mapping Advisory Council, FEMA shall establish a digital database to display the flood hazard risk of buildings in NFIP. The database must contain specified information about each property, including a certification of the building's elevation. FEMA shall provide a one-time premium credit for the purchase of an elevation certificate by a policyholder. The bill amends the National Flood Insurance Act of 1968 to allow reimbursement to local governments that assist FEMA in developing flood risk zone data.

Municipality Empowerment Mapping Achievement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vulnerable Veterans Housing Reform Act of 2012''. SEC. 2. EXCLUSION FROM INCOME. Paragraph (4) of section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(4)) is amended-- (1) by striking ``and any amounts'' and inserting ``, any amounts''; (2) by striking ``or any deferred'' and inserting ``, any deferred''; and (3) by inserting after ``prospective monthly amounts'' the following: ``, and any expenses related to aid and attendance as detailed under section 1521 of title 38, United States Code''. SEC. 3. UTILITY ALLOWANCES AND DATA. Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended-- (1) in paragraph (2), by adding at the end the following new subparagraph: ``(D) Utility allowance.-- ``(i) In general.--In determining the monthly assistance payment for a family under subparagraphs (A) and (B), the amount allowed for tenant-paid utilities shall not exceed the appropriate utility allowance for the family unit size as determined by the public housing agency regardless of the size of the dwelling unit leased by the family. ``(ii) Exception for certain families.-- Notwithstanding subparagraph (A), upon request by a family that includes a person with disabilities, an elderly family, or a family that includes any person who is less than 18 years of age, the public housing agency shall approve a utility allowance that is higher than the applicable amount on the utility allowance schedule, except that in the case of a family that includes a person with disabilities, the agency shall approve such higher amount only if a higher utility allowance is needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability. ``(iii) Authority to increase allowance.-- Notwithstanding subparagraph (A), in the case of any family not described in clause (ii), a public housing agency may, at the request of the family, approve a utility allowance that is higher than the applicable amount on the utility allowance schedule. In making such a determination, the agency shall consider (I) the amount of the increase in utility costs for the family, and (II) the difficulty for the family in relocating.''; and (2) by adding at the end the following new paragraph: ``(21) Utility data.-- ``(A) Publication.--The Secretary shall, to the extent that data can be collected cost effectively, regularly publish such data regarding utility consumption and costs in local areas as the Secretary determines will be useful for the establishment of allowances for tenant-paid utilities for families assisted under this subsection. ``(B) Use of data.--The Secretary shall provide such data in a manner that-- ``(i) avoids unnecessary administrative burdens for public housing agencies and owners; and ``(ii) protects families in various unit sizes and building types, and using various utilities, from high rent and utility cost burdens relative to income.''. SEC. 4. PILOT PROGRAM FOR GRANTS FOR REHABILITATION AND MODIFICATION OF HOMES OF DISABLED AND LOW-INCOME VETERANS. (a) Grant.-- (1) In general.--The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (2) Coordination.--The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (3) Maximum grant.--A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (b) Application.-- (1) In general.--Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under paragraph (2), accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a plan of action detailing outreach initiatives; (B) the approximate number of veterans the qualified organization intends to serve using grant funds; (C) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (D) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans and serve their needs. (3) Preferences.--In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization-- (A) with experience in providing housing rehabilitation and modification services for disabled veterans; or (B) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural areas (the Secretary, through regulations, shall define the term ``rural areas''). (c) Criteria.--In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (1) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low- income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (2) Have established outreach initiatives that-- (A) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; and (B) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (3) Have an established nationwide or State-wide network of affiliates that are-- (A) nonprofit organizations; and (B) able to provide housing rehabilitation and modification services for eligible veterans. (4) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (d) Use of Funds.--A grant award under the pilot program shall be used-- (1) to modify and rehabilitate the primary residence of an eligible veteran, and may include-- (A) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to-- (i) accommodate the functional limitations that result from having a disability; or (ii) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (B) rehabilitating such residence that is in a state of interior or exterior disrepair; and (C) installing energy efficient features or equipment if-- (i) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and (ii) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; (2) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program; and (3) for other purposes as the Secretary may prescribe through regulations. (e) Oversight.--The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (f) Matching Funds.-- (1) In general.--A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (2) In-kind contributions.--In order to meet the requirement under paragraph (1), such organization may arrange for in-kind contributions. (g) Limitation Cost to the Veterans.--A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (h) Reports.-- (1) Annual report.--The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written-- (A) the number of eligible veterans provided assistance under the pilot program; (B) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (C) the total number, types, and locations of entities contracted under such program to administer the grant funding; (D) the amount of matching funds and in-kind contributions raised with each grant; (E) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (F) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (G) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (H) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (I) any other information that the Secretary considers relevant in assessing such program. (2) Final report.--Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (i) Definitions.--In this section, the following definitions shall apply: (1) Disabled.--The term ``disabled'' means an individual with a disability, as defined by section 12102 of title 42, United States Code. (2) Eligible veteran.--The term ``eligible veteran'' means a disabled or low-income veteran. (3) Energy efficient features or equipment.--The term ``energy efficient features or equipment'' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures. (4) Low-income veteran.--The term ``low-income veteran'' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary. (5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is-- (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence.-- (A) In general.--The term ``primary residence'' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is an eligible veteran's principal dwelling and is owned by such veteran or a family member of such veteran. (B) Family member defined.--For purposes of this paragraph, the term ``family member'' includes-- (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization.--The term ``qualified organization'' means a nonprofit organization that provides nationwide or State-wide programs that primarily serve veterans or low-income individuals. (8) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (9) Veteran.--The term ``veteran'' has the same meaning as given such term in section 101 of title 38, United States Code. (10) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (j) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this section $4,000,000 for each of fiscal years 2013 through 2017. Passed the House of Representatives September 19, 2012. Attest: KAREN L. HAAS, Clerk.

Vulnerable Veterans Housing Reform Act of 2012 - Amends the United States Housing Act of 1937 to exclude as family income for Department of Housing and Urban Development (HUD) housing assistance purposes any Department of Veterans Affairs (VA) payments made to veterans in need of regular aid and attendance for expenses related to such aid and attendance. Prohibits, in determining the monthly rental assistance payment for low-income families, the amount for tenant-paid utilities from exceeding the appropriate utility allowance for that family unit size as determined by the public housing agency (agency), regardless of the size of the unit leased by the family. Requires the agency, upon request by a family that includes a person with disabilities, an elderly family, or a family that includes a person less than 18 years old, to approve a higher utility, except that, in the case of a family with a disabled person, the agency shall approve the higher amount only when needed as a reasonable accommodation to make the unit accessible to and usable by that person. Directs the HUD Secretary to regularly publish data regarding local utility consumption and costs in order to establish appropriate allowances for tenant-paid utilities for assisted families. Directs the VA Secretary to establish a pilot program to award grants to nonprofit organizations that primarily serve veterans or low-income individuals. Requires such grants to be used to rehabilitate and modify the primary residence of disabled or low-income veterans. Limits grant amounts to $1 million per organization. Requires such Secretary to direct the oversight of grant fund use. Requires a minimum of 50% matching funds by participating organizations. Requires an annual pilot program report from such Secretary to Congress. Authorizes appropriations.

To exclude from consideration as income under the United States Housing Act of 1937 payments of pension made under section 1521 of title 38, United States Code, to veterans who are in need of regular aid and attendance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Containing and Managing Climate Change Costs Efficiently Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to ensure that the imposition of limits on greenhouse gas emissions will not significantly harm the economy of the United States; and (2) to establish a Carbon Market Efficiency Board to ensure the implementation and maintenance of a stable, functioning, and efficient market in tradeable permits to emit greenhouse gases. SEC. 3. ESTABLISHMENT OF CARBON MARKET EFFICIENCY BOARD. (a) Establishment.--There is established a board, to be known as the ``Carbon Market Efficiency Board'' (referred to in this Act as the ``Board''). (b) Purposes.--The purposes of the Board are-- (1) to promote the achievement of the environmental objectives (including any national mandatory greenhouse gas emissions cap and reduction targets) of the United States; (2) to observe the national greenhouse gas emission market and evaluate periods during which the cost of permits provided under Federal law might pose significant harm to the economy; (3) to conduct observation during the 2-year period following the establishment of a market program for permits under Federal law, and to provide temporary, short-term relief at any time at which the program is determined to pose a significant harm to the economy using the cost relief measures prescribed under section 5; and (4) to submit to the President and Congress quarterly reports-- (A) describing the status of each greenhouse gas emission market established under Federal law, the economic effects of the markets, regional, industrial, and consumer responses to the markets, any corrective measures that should be carried out to relieve excessive costs of the markets, and plans to compensate for those measures; (B) that are timely and succinct to ensure regular monitoring of market trends; and (C) that are prepared independently by the Board. (c) Membership.-- (1) Composition.--The Board shall be composed of 7 members, to be appointed by the President, by and with the advice and consent of the Senate. (2) Requirements.--In appointing members of the Board under paragraph (1), the President shall-- (A) ensure fair representation of the financial, agricultural, industrial, and commercial sectors, and the geographical regions, of the United States; and (B) appoint not more than 1 member from each such geographical region. (3) Compensation.-- (A) In general.--A member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board. (B) Chairperson.--The Chairperson of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level I of the Executive Schedule under section 5312 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board. (4) Prohibitions.-- (A) Conflicts of interest.--An individual employed by, or holding any official relationship (including any shareholder) with, any entity engaged in the generation, transmission, distribution, or sale of energy, or an individual who has any pecuniary interest in the generation, transmission, distribution, or sale of energy, shall not be appointed to the Board under this subsection. (B) No other employment.--A member of the Board shall not hold any other employment during the term of service of the member. (d) Term; Vacancies.-- (1) Term.-- (A) In general.--The term of a member of the Board shall be 14 years, except that the members first appointed to the Board shall be appointed for terms in a manner that ensures that-- (i) the term of not more than 1 member shall expire during any 2-year period; and (ii) no member serves a term of more than 14 years. (B) Oath of office.--A member shall take the oath of office of the Board by not later than 15 days after the date on which the member is appointed under subsection (c)(1). (C) Removal.-- (i) In general.--A member may be removed from the Board on determination of the President for cause. (ii) Notification.--The President shall submit to Congress a notification of any determination by the President to remove a member of the Board for cause under clause (i). (2) Vacancies.-- (A) In general.--A vacancy on the Board-- (i) shall not affect the powers of the Board; and (ii) shall be filled in the same manner as the original appointment was made. (B) Service until new appointment.--A member of the Board the term of whom has expired or otherwise been terminated shall continue to serve until the date on which a replacement is appointed under subparagraph (A)(ii), as the President determines to be appropriate. (e) Chairperson and Vice-Chairperson.--Of members of the Board, the President shall appoint-- (1) 1 member to serve as Chairperson of the Board for a term of 4 years; and (2) 1 member to serve as Vice-Chairperson of the Board for a term of 4 years. (f) Meetings.-- (1) Initial meeting.--The Board shall hold the initial meeting of the Board as soon as practicable after the date on which all members have been appointed to the Board under subsection (c)(1). (2) Presiding officer.--A meeting of the Board shall be presided over by-- (A) the Chairperson; (B) in any case in which the Chairperson is absent, the Vice-Chairperson; or (C) in any case in which the Chairperson and Vice- Chairperson are absent, a chairperson pro tempore, to be elected by the members of the Board. SEC. 4. DUTIES. (a) Information Gathering.-- (1) Authority.--The Board shall collect and analyze relevant market information to promote a full understanding of the dynamics of each greenhouse gas emission market established under Federal law. (2) Information.--The Board shall gather such information as the Board determines to be appropriate regarding the status of the markets, including information relating to-- (A) permit allocation and availability; (B) the price of permits; (C) macro- and micro- economic effects of the markets; and (D) the success of the markets in achieving the environmental objectives of the markets. (b) Treatment as Primary Activity.-- (1) In general.--During the initial 2-year period of operation of the Board, information gathering under subsection (a) shall be the primary activity of the Board. (2) Subsequent authority.--After the 2-year period described in paragraph (1), the Board shall assume authority to implement the cost-relief measures described in section 5(a). (c) Study.--During the 2-year period beginning on the date on which the initial greenhouse gas emission market established under Federal law begins operation, the Board shall-- (1) conduct a study of other markets for tradeable permits to emit covered greenhouse gases in the United States; and (2) not later than 180 days after that date, submit to Congress a report describing the status of the initial market, specifically with respect to volatility within the market and the average price of greenhouse gas permits during that 180-day period. (d) Employment of Cost Relief Measures.-- (1) In general.--If the Board determines that a greenhouse gas emission market established under Federal law poses a significant harm to the economy of the United States, the Board shall carry out such cost relief measures relating to that market as the Board determines to be appropriate under section 5(a). (2) Initial period.--During the 2-year period beginning on the date on which the initial greenhouse gas emission market established under Federal law begins operation, if the Board determines that the average daily closing price of greenhouse gas permits during a 180-day period exceeds the upper range of the estimate provided under section 6, the Board shall-- (A) increase the quantity of permits that covered entities may borrow from the prescribed allocations of the covered entities for future years; and (B) take subsequent action as described in section 5(a)(2). (3) Requirements.--Any action carried out pursuant to this subsection shall be subject to the requirements of section 5(a)(3)(B). (e) Reports.--The Board shall submit to the President and Congress quarterly reports-- (1) describing the status of each greenhouse gas emission market established under Federal law, the economic effects of the markets, regional, industrial, and consumer responses to the markets, any corrective measures that should be carried out to relieve excessive costs of the markets, and plans to compensate for those measures; and (2) that are prepared independently by the Board, and not in partnership with Federal agencies. SEC. 5. POWERS. (a) Cost Relief Measures.-- (1) In general.--Beginning on the day after the date of expiration of the 2-year period described in section 4(b), the Board may carry out 1 or more of the following cost relief measures to ensure functioning, stable, and efficient markets for tradeable permits to emit greenhouse gases: (A) Increase the quantity of permits that covered entities may borrow from the prescribed allocations of the covered entities for future years. (B) Expand the period during which a covered entity may repay the allocating agency for a permit borrowed as described in subparagraph (A). (C) Lower the interest rate at which a permit may be borrowed as described in subparagraph (A). (D) Expand the total quantity of permits made available to all covered entities at any given time by borrowing against the total allowable quantity of permits to be provided for future years. (2) Subsequent actions.--On determination by the Board to carry out a cost relief measure pursuant to paragraph (1), the Board shall-- (A) allow the cost relief measure to be used only during the applicable allocation year; (B) exercise the cost relief measure incrementally, and only as needed to avoid significant economic harm during the applicable allocation year; (C) specify the terms of the relief to be achieved using the cost relief measure, including requirements for entity-level or national market-level compensation to be achieved by a specific date or within a specific time period; (D) in accordance with section 4(e), submit to the President and Congress a report describing the actions carried out by the Board and recommendations for the terms under which the cost relief measure should be authorized by Congress and carried out by Federal entities; and (E) evaluate, at the end of the applicable allocation year, actions that need to be carried out during subsequent years to compensate for any cost relief measure carried out during the applicable allocation year. (3) Action on expansion of borrowing.-- (A) In general.--If the Board carries out a cost relief measure pursuant to paragraph (1) that results in the expansion of borrowing of permits under Federal law, and if the average daily closing price of permits for the 180-day period beginning on the date on which borrowing is so expanded exceeds the upper range of the estimate provided under section 6, the Board shall increase the quantity of permits available for the applicable allocation year in accordance with this paragraph. (B) Requirements.--An increase in the quantity of permits under subparagraph (A) shall-- (i) apply to all covered entities; (ii) be allocated in accordance with the applicable formulas and procedures established under this Act; (iii) be equal to not more than 5 percent of the total quantity of permits otherwise available for the applicable allocation year under this Act; (iv) remain in effect only for the applicable allocation year; (v) specify the date by which the increase shall be repaid by covered entities through a proportionate reduction of permits available for subsequent allocation years; and (vi) require the repayment under clause (v) to be made by not later than the later of-- (I) the date that is 15 years after the date on which the increase is provided; and (II) the date on which the subsequent applicable phase of greenhouse gas reductions takes effect under this Act. (b) Assessments.--Not more frequently than semiannually, the Board may levy on participants in any permit trading system established under Federal law, in proportion to the capital stock and surplus of the participants, an assessment sufficient to pay the estimated expenses of the Board and the salaries of members of and employees of the Board during the 180-day period beginning on the date on which the assessment is levied, taking into account any deficit carried forward from the preceding 180-day period. (c) Limitations.--Nothing in this section gives the Board the authority-- (1) to consider or prescribe entity-level petitions for relief from the costs of a permit allocation or trading program established under Federal law; (2) to carry out any investigative or punitive process under the jurisdiction of any Federal or State court; (3) to interfere with, modify, or adjust any permit allocation scheme established under Federal law; or (4) to modify the goals of any limit on greenhouse gas emissions. SEC. 6. ESTIMATE OF COSTS TO ECONOMY OF LIMITING GREENHOUSE GAS EMISSIONS. The Director of the Congressional Budget Office, using economic and scientific analyses, shall submit to Congress a report that describes the projected price range at which greenhouse gas permits are expected to trade during the initial 2-year period of the initial greenhouse gas emission market established under Federal law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Containing and Managing Climate Change Costs Efficiently Act - Establishes the Carbon Market Efficiency Board to: (1) analyze market information to promote understanding of the dynamics of each federal greenhouse gas (GHG) emission market; (2) gather information regarding the status of the markets; and (3) carry out cost relief measures if it determines that a federal GHG market poses significant harm to the U.S. economy. Requires the Board, during the two-year period beginning on the date the initial federally established GHG market begins operation: (1) to study other markets for tradeable permits to emit covered GHGs; and (2) if it determines that the average daily closing price of GHG permits during a 180-day period exceeds the upper range of an estimate, to increase the quantity of permits that covered entities may borrow from their prescribed allocations for future years and take specified subsequent action. Requires the Board to report to the President and Congress on the status of each federal GHG market, the economic effects of the markets, regional, industrial, and consumer responses to the markets, corrective measures that should be carried out to relieve excessive costs of the markets, and plans to compensate for those measures. Authorizes the Board to carry out cost relief measures to ensure functioning, stable, and efficient markets for tradeable permits to emit GHGs beginning on the day after the expiration of the initial two-year period. Sets forth requirements for the Board to follow in carrying out the cost relief measures. Limits the Board's authority, including prohibiting the Board from prescribing entity-level petitions for relief from the costs of a federal permit allocation or trading program. Requires the Director of the Congressional Budget Office (CBO) to report to Congress on the projected price range at which GHG permits are expected to trade during the initial two-year period of the market.

A bill to provide for efficient containment and management of climate change costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Amateur Sports Integrity Act''. TITLE I--PERFORMANCE ENHANCING DRUGS SEC. 101. SHORT TITLE. This Title may be cited as the ``Athletic Performance-Enhancing Drugs Research and Detection Act''. SEC. 102. RESEARCH AND DETECTION PROGRAM ESTABLISHED. (a) In General.--The Director of the National Institute of Standards and Technology shall establish and administer a program under this title to support research into the use of performance-enhancing substances by athletes, and methods of detecting their use. (b) Grants.-- (1) In general.--The program shall include grants of financial assistance, awarded on a competitive basis, to support the advancement and improvement of research into the use of performance-enhancing substances by athletes, and methods of detecting their use. (2) Banned substances.--In carrying out the program the Director shall consider research proposals involving performance-enhancing substances banned from use by competitors in events sanctioned by organizations, such as the International Olympic Committee, the United States Olympic Committee, the National Collegiate Athletic Association, the National Football League, the National Basketball Association, and Major League Baseball. (3) Research concentration.--In carrying out the program, the Director shall-- (A) fund research on the detection of naturally- occurring steroids and other testosterone precursors (e.g., androstendione), such as testosterone, and other substances, such as human growth hormone and erythropoietin for which no tests are available but for which there is evidence of abuse or abuse potential; (B) fund research that focuses on population studies to ensure that tests are accurate for men, women, all relevant age, and major ethnic groups; and (C) not fund research on drugs of abuse, such as cocaine, phencyclidine, marijuana, morphine/codeine, and methamphetamine/amphetamine. (c) Technical and Scientific Peer Review.-- (1) In general.--The Director shall establish appropriate technical and scientific peer review procedures for evaluating applications for grants under the program. (2) Implementation.--The Director shall-- (A) ensure that grant applicants meet a set of minimum criteria before receiving consideration for an award under the program; (B) give preference to laboratories with an established record of athletic drug testing analysis; and (C) establish a minimum grant award of not less than $500,000. (3) Criteria.--The list of minimum criteria shall include requirements that each applicant-- (A) demonstrate a record of publication and research in the area of athletic drug testing; (B) provide a plan detailing the direct transference of the research findings to lab applications in athletic drug testing; and (C) certify that it is a not-for-profit research program. (4) Results.--The Director also shall establish appropriate technical and scientific peer review procedures for evaluating the results of research funded, in part or in whole by grants provided under the program. Each review conducted under this paragraph shall include a written report of findings and, if appropriate, recommendations prepared by the reviewer. The reviewer shall provide a copy of the report to the Director within 30 days after the conclusion of the review. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Institute of Standards and Technology $4,000,000 per fiscal year to carry out this section for fiscal years 2001, 2002, 2003, 2004, and 2005. SEC. 103. PREVENTION AND INTERVENTION PROGRAMS. (a) In General.--The Director of the National Institute of Standards and Technology shall develop a grant program to fund educational substance abuse prevention and intervention programs related to the use of performance-enhancing substances described in section 102(b)(2) by high school and college student athletes. The Director shall establish a set of minimum criteria for applicants to receive consideration for an award under the program. The list of minimum criteria shall include requirements that each applicant-- (1) propose an intervention and prevention program based on methodologically sound evaluation with evidence of drug prevention efficacy; and (2) demonstrate a record of publication and research in the area of athletic drug use prevention. (b) Minimum Grant Award.--The Director shall establish a minimum grant award of not less than $300,000 per recipient. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Institute of Standards and Technology $3,000,000 per fiscal year to carry out this section for fiscal years 2001, 2002, 2003, 2004, and 2005. TITLE II--GAMBLING SEC. 201. PROHIBITION ON GAMBLING ON COMPETITIVE GAMES INVOLVING HIGH SCHOOL AND COLLEGE ATHLETES AND THE OLYMPICS. (a) In General.--The Ted Stevens Olympic and Amateur Sports Act (chapter 2205 of title 36, United States Code) is amended by adding at the end the following new subchapter: ``SUBCHAPTER III--MISCELLANEOUS ``Sec. 220541. Unlawful sports gambling: Olympics; high school and college athletes ``(a) Prohibition.--It shall be unlawful for-- ``(1) a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact, or ``(2) a person to sponsor, operate, advertise, or promote, pursuant to law or compact of a governmental entity, a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly, on a competitive game or performance described in subsection (b). ``(b) Covered Games and Performances.--A competitive game or performance described in this subsection is the following: ``(1) One or more competitive games at the Summer or Winter Olympics. ``(2) One or more competitive games in which high school or college athletes participate. ``(3) One or more performances of high school or college athletes in a competitive game. ``(c) Applicability.--The prohibition in subsection (a) applies to activity described in that subsection without regard to whether the activity would otherwise be permitted under subsection (a) or (b) of section 3704 of title 28. ``(d) Injunctions.--A civil action to enjoin a violation of subsection (a) may be commenced in an appropriate district court of the United States by the Attorney General of the United States, a local educational agency, college, or sports organization, including an amateur sports organization or the corporation, whose competitive game is alleged to be the basis of such violation. ``(e) Definitions.--In this section: ``(1) The term `high school' has the meaning given the term `secondary school' in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). ``(2) The term `college' has the meaning given the term `institution of higher education' in section 101 of the Higher Education Act of 1965 (20 U.S.C. 8801). ``(3) The term `local educational agency' has the meaning given that term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).'' (b) Clerical Amendment.--The table of sections at the beginning of that Act (chapter 2205 of title 36, United States Code) is amended by adding at the end the following: ``SUBCHAPTER III--MISCELLANEOUS ``220541. Unlawful sports gambling: Olympics; high school and college athletes.''.

Requires the Director to: (1) consider research proposals involving performance-enhancing substances banned from use by competitors in events sanctioned by organizations, such as the International Olympic Committee, the U.S. Olympic Committee, the National Collegiate Athletic Association, the National Football League, the National Basketball Association, and Major League Baseball; (2) fund research on the detection of naturally occurring steroids; and (3) not fund research on drugs of abuse, such as cocaine, marijuana, and methamphetamine. Sets forth provisions for: (1) grant applicant evaluations, preferences, criteria, and awards; and (2) evaluating results of funded research. Authorizes appropriations. (Sec. 103) Requires the Director to develop a grant program to fund educational substance abuse prevention and intervention programs related to the use of such banned performance-enhancing substances by high school and college student athletes. Authorizes appropriations. Title II: Gambling - Amends the Ted Stevens Olympic and Amateur Sports Act to make it unlawful for a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact, or a person to sponsor, operate, advertise, or promote, a lottery, sweepstakes, or other betting, gambling, or wagering scheme based on: (1) a competitive game at the Summer or Winter Olympics; (2) a competitive game in which high school or college athletes participate; or (3) a performance of high school or college athletes in a competitive game. Permits a civil action to enjoin a violation of this title.

Amateur Sports Integrity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1993''. SEC. 2. AVIATION RESEARCH AUTHORIZATION OF APPROPRIATIONS. Section 506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(b)(2)) is amended by striking subparagraph (A) and all that follows through the end of the paragraph and inserting the following: ``(A) for fiscal year 1994-- ``(i) $13,498,000 solely for management and analysis projects and activities; ``(ii) $76,939,000 solely for capacity and air traffic management technology projects and activities; ``(iii) $35,675,000 solely for communications, navigation, and surveillance projects and activities; ``(iv) $1,908,000 solely for weather projects and activities; ``(v) $7,509,000 solely for airport technology projects and activities; ``(vi) $40,175,000 solely for aircraft safety technology projects and activities; ``(vii) $35,430,000 solely for system security technology projects and activities; ``(viii) $27,756,000 solely for human factors and aviation medicine projects and activities; ``(ix) $5,385,000 for environment and energy projects and activities; and ``(x) $5,725,000 for innovative/cooperative research projects and activities, of which $1,000,000 shall be available for the establishment of a new Aviation Center of Excellence; ``(B) for fiscal year 1995-- ``(i) $14,847,000 solely for management and analysis projects and activities; ``(ii) $84,000,000 solely for capacity and air traffic management technology projects and activities; ``(iii) $39,242,000 solely for communications, navigation, and surveillance projects and activities; ``(iv) $2,098,000 solely for weather projects and activities; ``(v) $8,260,000 solely for airport technology projects and activities; ``(vi) $44,192,000 solely for aircraft safety technology projects and activities; ``(vii) $39,523,000 solely for system security technology projects and activities; ``(viii) $31,716,000 solely for human factors and aviation medicine projects and activities; ``(ix) $5,923,000 for environment and energy projects and activities; and ``(x) $5,199,000 for innovative/cooperative research projects and activities; and ``(C) for fiscal year 1996-- ``(i) $16,332,000 solely for management and analysis projects and activities; ``(ii) $92,402,000 solely for capacity and air traffic management technology projects and activities; ``(iii) $43,167,000 solely for communications, navigation, and surveillance projects and activities; ``(iv) $2,307,000 solely for weather projects and activities; ``(v) $9,086,000 solely for airport technology projects and activities; ``(vi) $48,611,000 solely for aircraft safety technology projects and activities; ``(vii) $43,475,000 solely for system security technology projects and activities; ``(viii) $34,887,000 solely for human factors and aviation medicine projects and activities; ``(ix) $6,515,000 environment and energy projects and activities; and ``(x) $5,718,000 for innovative/cooperative research projects and activities. Not less than 15 percent of the amount appropriated pursuant to this paragraph shall be for long-term research projects, and not less than 3 percent of the amount appropriated under this paragraph shall be available to the Administrator for making grants under section 312(g) of the Federal Aviation Act of 1958.''. SEC. 3. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.--The Administrator and the heads of other appropriate Federal agencies shall jointly establish a program to conduct research on aviation technologies that enhance United States competitiveness. The program shall include-- (1) next-generation satellite communications, including global positioning satellites; (2) advances airport and airplane security; (3) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution; (4) advanced aviation safety programs; and (5) technologies and procedures to enhance and improve airport and airway capacity. (b) Procedures for Contracts and Grants.--The Administrator and the heads of the other appropriate Federal agencies shall administer contracts and grants entered into under the program established under subsection (a) in accordance with procedures developed jointly by the Administrator and the heads of the other appropriate Federal agencies. The procedures should include an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the Federal Aviation Administration, the other Federal agencies involved, and industry. (c) Program Elements.--The program established under subsection (a) shall include-- (1) selected programs that jointly enhance public and private aviation technology development; (2) an opportunity for private contractors to be involved in such technology research and development; and (3) the transfer of Government-developed technologies to the private sector to promote economic strength and competitiveness. (d) Authorization of Appropriations.--Of amounts authorized to be appropriated for fiscal years 1994, 1995, and 1996 under section 506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(b)(2)), as amended by section 2 of this Act, there are authorized to be appropriated for fiscal years 1994, 1995, and 1996, respectively, such sums as may be necessary to carry out this section. SEC. 4. AIRCRAFT CABIN AIR QUALITY RESEARCH PROGRAM. (a) Establishment.--The Administrator of the Federal Aviation Administration (in this Act referred to as the ``Administrator'') and the heads of other appropriate Federal agencies shall establish a research program to determine-- (1) what, if any, aircraft cabin air conditions, including pressure altitude systems, on flights within the United States are harmful to the health of airline passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness; and (2) the risk of airline passengers and crew contracting infectious diseases during flight. (b) Contract With Independent Research Organization.--In carrying out the research program established under subsection (a), the Administrator and the heads of the other appropriate Federal agencies shall contract with an independent research organization to carry out any studies necessary to meet the goals of the program set forth in subsection (c). (c) Goals.--The goals of the research program established under subsection (a) shall be-- (1) to determine what, if any, cabin air conditions currently exist on domestic aircraft used for flights within the United States that could be harmful to the health of airline passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness, and including the risk of infection by bacteria and viruses; (2) to determine to what extent, changes in, cabin air pressure, temperature, rate of cabin air circulation, the quantity of fresh air per occupant, and humidity on current domestic aircraft would reduce or eliminate the risk of illness or discomfort to airline passengers and crew; and (3) to establish a long-term research program to examine potential health problems to airline passengers and crew that may arise in an airplane cabin on a flight within the United States because of cabin air quality as a result of the conditions and changes described in paragraphs (1) and (2). (d) Participation.--In carrying out the research program established under subsection (a), the Administrator shall encourage participation in the program by representatives of aircraft manufacturers, air carriers, aviation employee organizations, airline passengers, and academia. (e) Report.--(1) Within six months after the date of enactment of this Act, the Administrator shall submit to the Congress a plan for implementation of the research program established under subsection (a). (2) The Administrator shall annually submit to the Congress a report on the progress made during the year for which the report is submitted toward meeting the goals set forth in subsection (c). (f) Authorization of Appropriations.--Of amounts authorized to be appropriated for fiscal years 1994, 1995, and 1996 under section 506(b)(2) of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(b)(2)), as amended by section 2 of this Act, there are authorized to be appropriated for fiscal years 1994, 1995, and 1996, respectively, such sums as may be necessary to carry out this section. SEC. 5. LIMITATION ON APPROPRIATIONS. Notwithstanding any other provision of this Act, no funds are authorized to be appropriated for any fiscal year after fiscal year 1996 for carrying out the programs for which funds are authorized by this Act, or by the amendments made by this Act. SEC. 6. USE OF DOMESTIC PRODUCTS. (a) Prohibition Against Fraudulent Use of ``Made in America'' Labels.--(1) A person shall not intentionally affix a label bearing the inscription of ``Made in America'', or any inscription with that meaning, to any product sold in or shipped to the United States, if that product is not a domestic product. (2) A person who violates paragraph (1) shall not be eligible for any contract for a procurement carried out with amounts authorized under this Act, including any subcontract under such a contract pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, or any successor procedures thereto. (b) Compliance With Buy American Act.--(1) Except as provided in paragraph (2), the head of each office within the Federal Aviation Administration that conducts procurements shall ensure that such procurements are conducted in compliance with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a through 10c, popularly known as the ``Buy American Act''). (2) This subsection shall apply only to procurements made for which-- (A) amounts are authorized by this Act to be made available; and (B) solicitations for bids are issued after the date of the enactment of this Act. (3) The Secretary, before January 1, 1995, shall report to the Congress on procurements covered under this subsection of products that are not domestic products. (c) Definitions.--For the purposes of this section, the term ``domestic product'' means a product-- (1) that is manufactured or produced in the United States; and (2) at least 50 percent of the cost of the articles, materials, or supplies of which are mined, produced, or manufactured in the United States. SEC. 7. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS. (a) Sense of Congress.--It is the sense of Congress that any recipient of a grant under this Act, or under any amendment made by this Act, should purchase, when available and cost-effective, American made equipment and products when expending grant monies. (b) Notice to Recipients of Assistance.--In allocating grants under this Act, or under any amendment made by this Act, the Secretary shall provide to each recipient a notice describing the statement made in subsection (a) by the Congress.

Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1993 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1994 through FY 1996 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Extends set aside authority for long-term research and the aviation research grant program. Provides for the establishment of a joint aviation research and development program. Authorizes FY 1994 through 1996 appropriations from funds otherwise authorized by this Act. Establishes an aircraft cabin air quality research program. Authorizes FY 1994 through 1996 appropriations from funds otherwise authorized by this Act. Prohibits the fraudulent use of "Made in America" labels and requires compliance with the Buy American Act. Expresses the sense of the Congress that grantees under this Act should purchase American-made equipment and products.

Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defective Product Penalty Act of 2000''. SEC. 2. DISTRIBUTION OF A DEFECTIVE PRODUCT. (a) In General.--Chapter 11 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 226. Distribution of a defective product ``(a) Definitions.--In this section: ``(1) Defective product.--The term `defective product' means a product with some flaw in design, manufacture, assembly, or instruction that renders the product dangerous to human life and limb beyond the reasonable and accepted risk associated with such or similar products lacking such a flaw. ``(2) Serious bodily injury.--The term `serious bodily injury' means bodily injury that involves-- ``(A) a substantial risk of death; ``(B) extreme physical pain; or ``(C) injury to, or impairment of, the function of a bodily member, organ, or mental faculty. ``(b) Offense.-- ``(1) Introduction.--Whoever knowingly and willfully introduces into interstate commerce a product known by that person to be a defective product-- ``(A) that causes the death of any individual shall be imprisoned for a term of up to 15 years, fined under this title, or both; and ``(B) that causes serious bodily injury to any individual shall be imprisoned for a term of up to 5 years, fined under this title, or both. ``(2) Failure to disclose.--Any person who has authority to introduce a product into interstate commerce or withdraw or recall a product from interstate commerce, or who has corporate responsibility for the product, and who knows that the product in interstate commerce is a defective product and intentionally fails to disclose the existence of the defect to the appropriate regulatory agency, shall-- ``(A) if the defective product, after the discovery and failure to disclose, causes the death of any individual, be imprisoned for a term of up to 15 years, fined under this title, or both; and ``(B) if the defective product, after the discovery and failure to disclose, causes serious bodily injury to any individual, be imprisoned for a term of up to 5 years, fined under this title, or both.''. (b) Conforming Amendment.--The chapter analysis for chapter 11 of title 18, United States Code, is amended by adding at the end the following: ``226. Distribution of a defective product.''. SEC. 3. PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS RELATING TO PUBLIC HEALTH OR SAFETY. (a) Short Title.--This section may be cited as the ``Sunshine in Litigation Act of 2000''. (b) Protective Orders and Sealing of Cases.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Protective orders and sealing of cases and settlements relating to public health or safety ``(a) In General.--A court shall enter an order under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order approving a settlement agreement that would restrict the disclosure of such information, or an order restricting access to court records in a civil case, only after making particularized findings of fact that-- ``(1) the order would not restrict the disclosure of information that is relevant to the protection of public health or safety; or ``(2)(A) the public interest in disclosure of potential health or safety hazards is clearly outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records; and ``(B) the protection from disclosure provided by the order is no broader than necessary to protect the interest in maintaining confidentiality. ``(b) Period of Effectiveness.--No order under subsection (a) (other than an order approving a settlement agreement) shall continue in effect after the entry of final judgment unless, at or after entry of the order, the court makes a separate particularized finding of fact that the requirements of paragraph (1) or (2) of subsection (a) have been met. ``(c) Burden of Proof.--The party that is the proponent for the entry of an order, as provided under this section, shall have the burden of proof in obtaining the order. ``(d) No Approval or Enforcement of Agreement To Restrict Disclosure.-- ``(1) In general.--No court of the United States may approve or enforce any provision of an agreement between or among parties to a civil action, or approve or enforce an order subject to subsection (a), that prohibits or otherwise restricts a party from disclosing any information relevant to the civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. ``(2) Confidentiality.--Any information described in paragraph (1) that is disclosed to a Federal or State agency shall be confidential to the extent provided by law.''. (c) Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: ``1660. Protective orders and sealing of cases and settlements relating to public health or safety.''. (d) Effective Date.--The amendments made by this section-- (1) take effect on the date that is 30 days after the date of enactment of this Act; and (2) apply only to orders entered in civil actions or agreements entered into on or after that date. SEC. 4. MOTOR VEHICLE SAFETY STANDARDS AND COMPLIANCE. (a) Requirement of Testing Before Certification of Compliance.-- Section 30115 of title 49, United States Code, is amended in the first sentence by striking ``A manufacturer'' and inserting ``After conducting appropriate testing, a manufacturer''. (b) Notification of Defects and Noncompliance.--Section 30118 of title 49, United States Code, is amended-- (1) in subsections (a), (b)(1), and (c), by inserting ``, original equipment,'' before ``or replacement equipment'' each place it appears; and (2) in subsection (c)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking ``A manufacturer'' and inserting the following: ``(1) Actual defects or noncompliance.--A manufacturer''; and (C) by adding at the end the following: ``(2) Duty to learn of potential defects or noncompliance.--A manufacturer of a motor vehicle, original equipment, or replacement equipment shall-- ``(A) review and consider information concerning motor vehicle accidents or incidents in vehicles or equipment in cases in which there are serious personal injuries, deaths, or fires, including information received from any foreign source, to learn whether the vehicle or equipment contains a defect or does not comply with an applicable motor vehicle safety standard; and ``(B) notify the Secretary if the manufacturer has reason to believe that a defect or noncompliance may exist.''. (c) Extension of Period During Which Remedies for Defects and Noncompliance Shall Be Provided Without Charge.--Section 30120(g)(1) of title 49, United States Code, is amended-- (1) by striking ``8 calendar years'' and inserting ``10 calendar years''; and (2) by striking ``3 calendar years'' and inserting ``5 calendar years''. (d) Civil Penalty.--Section 30165(a) of title 49, United States Code, is amended-- (1) in the first sentence, by striking ``$1,000'' and inserting ``$10,000''; and (2) by striking the last sentence. (e) Provision of Copies of All Communications About Defects and Noncompliance.--Section 30166(f) of title 49, United States Code, is amended-- (1) by inserting ``(whether the dealers, owners, or purchasers are located in the United States or in a foreign country)'' before ``about''; and (2) by inserting ``in the United States'' before the period at the end.

Sunshine in Litigation Act of 2000 - Amends the Federal judicial code to require a court to enter an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict the disclosure of such information, or restricting access to civil court records only after finding that: (1) such order would not restrict the disclosure of information relevant to public health or safety; (2) the public interest in the disclosure of potential health or safety hazards is clearly outweighed by the interest of maintaining the confidentiality of such information; and (3) the requested protective order is no broader than necessary to protect the interest in maintaining confidentiality. Amends Federal transportation law to: (1) require motor vehicle or vehicle equipment manufacturers to review and consider vehicle or equipment incident information and notify the Secretary of Transportation upon having reason to believe that a defect or noncompliance may exist; (2) extend the period during which remedies for defects and noncompliance shall be provided by a manufacturer without charge; and (3) increase the civil penalty for violations of certain vehicle and equipment safety violations.

Defective Product Penalty Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Crime Victims' Restitution Act of 2006''. SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN FEDERAL CRIMINAL PROCEEDINGS. (a) In General.--Subchapter A of chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3560. Effect of death of a defendant in Federal criminal proceedings ``(a) General Rule.--Notwithstanding any other provision of law, the death of a defendant who has been convicted of a Federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant, or for dismissing or otherwise invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided in this section. ``(b) Death After Plea or Verdict.-- ``(1) Entry of judgment.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned, but before judgment is entered, the court shall enter a judgment incorporating the plea of guilty or nolo contendere or the verdict, with the notation that the defendant died before the judgment was entered. ``(2) Punitive sanctions.-- ``(A) Death before sentence announced.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, no sentence of probation, supervision, or imprisonment may be imposed, no criminal forfeiture may be ordered, and no liability for a fine or special assessment may be imposed on the defendant or the defendant's estate. ``(B) Death after sentencing or judgment.--The death of a defendant after a sentence has been announced or a judgment has been entered, and before that defendant has exhausted or waived the right to a direct appeal-- ``(i) shall terminate any term of probation, supervision, or imprisonment, and shall terminate the liability of that defendant to pay any amount remaining due of a criminal forfeiture, of a fine under section 3613(b), or of a special assessment under section 3013; and ``(ii) shall not require return of any portion of any criminal forfeiture, fine, or special assessment already paid. ``(3) Restitution.-- ``(A) Death before sentence announced.--If a defendant dies after a plea of guilty or nolo contendere has been accepted or a verdict has been returned and before a sentence has been announced, the court shall, upon a motion under subsection (c)(2) by the Government or any victim of that defendant's crime, commence a special restitution proceeding at which the court shall adjudicate and enter a final order of restitution against the estate of that defendant in an amount equal to the amount that would have been imposed if that defendant were alive. ``(B) Death after sentencing or judgment.--The death of a defendant after a sentence has been announced shall not be a basis for abating or otherwise invalidating restitution announced at sentencing or ordered after sentencing under section 3664(d)(5) of this title or any other provision of law. ``(4) Civil proceedings.--The death of a defendant after a plea of guilty or nolo contendere has been accepted, a verdict returned, a sentence announced, or a judgment entered, shall not prevent the use of that plea, verdict, sentence, or judgment in civil proceedings, to the extent otherwise permitted by law. ``(c) Appeals, Motions, and Petitions.-- ``(1) In general.--Except as provided in paragraph (2), after the death of a defendant convicted in a criminal case-- ``(A) no appeal, motion, or petition by or on behalf of that defendant or the personal representative or estate of that defendant, the Government, or a victim of that defendant's crime seeking to challenge or reinstate a plea of guilty or nolo contendere accepted, a verdict returned, a sentence announced, or a judgment entered prior to the death of that defendant shall be filed in that case after the death of that defendant; and ``(B) any pending motion, petition, or appeal in that case shall be dismissed with the notation that the dismissal is due to the death of the defendant. ``(2) Exceptions.-- ``(A) Restitution.--After the death of a defendant convicted in a criminal case, the personal representative of that defendant, the Government, or any victim of that defendant's crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion described in section 3663, 3663A, 3664, or 3771, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to-- ``(i) obtain, in a special restitution proceeding, a final order of restitution under subsection (b)(3); ``(ii) enforce, correct, amend, adjust, reinstate, or challenge any order of restitution; or ``(iii) challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment on which-- ``(I) a restitution order is based; or ``(II) restitution is being or will be sought by an appeal, petition, or motion under this paragraph. ``(B) Other civil actions affected.--After the death of a defendant convicted in a criminal case, the personal representative of that defendant, the Government, or any victim of that defendant's crime may file or pursue an otherwise permissible direct appeal, petition for mandamus or a writ of certiorari, or an otherwise permissible motion under the Federal Rules of Criminal Procedure, to the extent that the appeal, petition, or motion raises an otherwise permissible claim to challenge or reinstate a verdict, plea of guilty or nolo contendere, sentence, or judgment that the appellant, petitioner, or movant shows by a preponderance of the evidence is, or will be, material in a pending or reasonably anticipated civil proceeding, including civil forfeiture proceedings. ``(C) Collateral consequences.-- ``(i) In general.--Except as provided in subparagraphs (A) and (B), the Government may not restrict any Federal benefits or impose collateral consequences on the estate or a family member of a deceased defendant based solely on the conviction of a defendant who died before that defendant exhausted or waived the right to direct appeal unless, not later than 90 days after the death of that defendant, the Government gives notice to that estate or family member of the intent of the Government to take such action. ``(ii) Personal representative.--If the Government gives notice under clause (i), the court shall appoint a personal representative for the deceased defendant that is the subject of that notice, if not otherwise appointed, under section (d)(2)(A). ``(iii) Tolling.--If the Government gives notice under clause (i), any filing deadline that might otherwise apply against the defendant, the estate of the defendant, or a family member of the defendant shall be tolled until the date of the appointment of that defendant's personal representative under clause (ii). ``(3) Basis.--In any appeal, petition, or motion under paragraph (2), the death of the defendant shall not be a basis for relief. ``(d) Procedures Regarding Continuing Litigation.-- ``(1) In general.--The standards and procedures for a permitted appeal, petition, motion, or other proceeding under subsection (c)(2) shall be the standards and procedures otherwise provided by law, except that the personal representative of the defendant shall be substituted for the defendant. ``(2) Special procedures.--If continuing litigation is initiated or could be initiated under subsection (c)(2), the following procedures shall apply: ``(A) Notice and appointment of personal representative.--The district court before which the criminal case was filed (or the appellate court if the matter is pending on direct appeal) shall-- ``(i) give notice to any victim of the convicted defendant under section 3771(a)(2), and to the personal representative of that defendant or, if there is none, the next of kin of that defendant; and ``(ii) appoint a personal representative for that defendant, if not otherwise appointed. ``(B) Counsel.--Counsel shall be appointed for the personal representative of a defendant convicted in a criminal case who dies if counsel would have been available to that defendant, or if the personal representative of that defendant requests counsel and otherwise qualifies for the appointment of counsel, under section 3006A. ``(C) Tolling.--The court shall toll any applicable deadline for the filing of any motion, petition, or appeal during the period beginning on the date of the death of a defendant convicted in a criminal case and ending on the later of-- ``(i) the date of the appointment of that defendant's personal representative; or ``(ii) where applicable, the date of the appointment of counsel for that personal representative. ``(D) Restitution.--If restitution has not been fully collected on the date on which a defendant convicted in a criminal case dies-- ``(i) any amount owed under a restitution order (whether issued before or after the death of that defendant) shall be collectible from any property from which the restitution could have been collected if that defendant had survived, regardless of whether that property is included in the estate of that defendant; ``(ii) any restitution protective order in effect on the date of the death of that defendant shall continue in effect unless modified by the court after hearing or pursuant to a motion by the personal representative of that defendant, the Government, or any victim of that defendant's crime; and ``(iii) upon motion by the Government or any victim of that defendant's crime, the court shall take any action necessary to preserve the availability of property for restitution under this section. ``(e) Forfeiture.-- ``(1) In general.--Except as provided in paragraph (2), the death of an individual does not affect the Government's ability to seek, or to continue to pursue, civil forfeiture of property as authorized by law. ``(2) Tolling of limitations for civil forfeiture.-- Notwithstanding the expiration of any civil forfeiture statute of limitations or any time limitation set forth in section 983(a) of this title, not later than the later of the time period otherwise authorized by law and 2 years after the date of the death of an individual against whom a criminal indictment alleging forfeiture is pending, the Government may commence civil forfeiture proceedings against any interest in any property alleged to be forfeitable in the indictment of that individual. ``(f) Definitions.--In this section-- ``(1) the term `accepted', relating to a plea of guilty or nolo contendere, means that a court has determined, under rule 11(b) of the Federal Rules of Criminal Procedure, that the plea is voluntary and supported by a factual basis, regardless of whether final acceptance of that plea may have been deferred pending review of a presentence report or otherwise; ``(2) the term `announced', relating to a sentence, means that the sentence has been orally stated in open court; ``(3) the term `convicted' refers to a defendant-- ``(A) whose plea of guilty or nolo contendere has been accepted; or ``(B) against whom a verdict of guilty has been returned; ``(4) the term `direct appeal' means an appeal filed, within the period provided by rule 4(b) of the Federal Rules of Appellate Procedure, from the entry of the judgment or order of restitution, including review by the Supreme Court of the United States; and ``(5) the term `returned', relating to a verdict, means that the verdict has been orally stated in open court.''. (b) Conforming Amendment.--The table of sections for chapter 227 of title 18, United States Code, is amended by adding at the end the following: ``3560. Effect of death of a defendant in Federal criminal proceedings.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to any criminal case or appeal pending on or after July 1, 2006. SEC. 4. SEVERABILITY. If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions or amendments to any person or circumstance shall not be affected. Passed the Senate December 9 (legislative day, December 8), 2006. Attest: EMILY J. REYNOLDS, Secretary.

Preserving Crime Victims' Restitution Act of 2006 - Amends the federal criminal code to establish guidelines for federal criminal cases in which a defendant dies before entry of a final judgment of guilt (deceased defendants). Provides, as a general rule, that the death of a defendant who has been convicted of a federal criminal offense shall not be the basis for abating or otherwise invalidating a plea of guilty or nolo contendere, a verdict returned, a sentence announced, or a judgment entered prior to the death of such defendant, or for dismissing or invalidating the indictment, information, or complaint on which such a plea, verdict, sentence, or judgment is based, except as provided by this Act. Requires a trial court, in a case in which a defendant admits guilt or is found guilty by a jury, but dies before final judgment, to: (1) enter a judgment with the notation that the defendant died before judgment was entered; and (2) commence a special restitution proceeding upon the motion of the government or any victim of the defendant's crime. Permits the use of a guilty plea of a deceased defendant in subsequent civil proceedings. Allows the personal representative of a defendant's estate to file an appeal of the deceased defendant's conviction and of other matters involving such defendant. Provides rules for appointment of counsel, tolling of filing dates, and restitution for pending litigation involving a deceased defendant. Allows the government to seek, or continue to pursue, civil forfeiture of property related to the deceased defendant's crime, subject to the applicable statute of limitations. Makes this Act applicable to any criminal case or appeal pending on or after July 1, 2006.

A bill to address the effect of the death of a defendant in Federal criminal proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Free Schools Act of 2017''. SEC. 2. REQUIREMENTS FOR REGULATION OF CONTAMINANTS. Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)(2)) is amended by adding at the end the following: ``(D) Lead and copper rule.-- ``(i) In general.--Notwithstanding any other deadline established in this subsection, not later than 9 months after the date of enactment of the Lead Free Schools Act of 2017, the Administrator shall issue revised national primary drinking water regulations for lead and copper. ``(ii) Requirements.--The revised regulations issued under clause (i) shall ensure that-- ``(I) corrosion controls are reevaluated anytime source water or treatment is changed; ``(II) test results are valid, by prohibiting techniques that artificially lower lead levels, including flushing before samples are taken; ``(III) monitoring includes school sites for all public water systems serving schools (as defined in section 1461); ``(IV) notification of lead problems is clear and effective, including, to the extent practicable, notification, at least annually, of any testing and such problems at school sites on the Internet website of the applicable local educational agency; and ``(V) lead service lines are fully replaced on a set timetable and whenever contamination is detected. ``(iii) Scope of lead line replacement requirements.--Requirements to replace lead service lines under the revised regulations issued under clause (i) shall extend to all service lines controlled by public water systems, regardless of ownership. ``(E) Perfluorinated compounds.--Notwithstanding any other deadline established in this subsection, not later than 2 years after the date of enactment of the Lead Free Schools Act of 2017, the Administrator shall publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for perfluorinated compounds. ``(F) 1,4-dioxane.--Notwithstanding any other deadline established in this subsection, not later than 2 years after the date of enactment of the Lead Free Schools Act of 2017, the Administrator shall make a determination, pursuant to paragraph (1)(B)(ii), on whether to regulate 1,4-dioxane under this section.''. SEC. 3. DEFINITION OF LEAD SERVICE LINE. (a) In General.--Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the following: ``(17) Lead service line.--The term `lead service line' means a pipe and its fittings, which are not lead free (as defined in section 1417(d)), that connect the drinking water main to the building inlet.''. (b) Conforming Amendment.--Section 1459B(a) of the Safe Drinking Water Act (42 U.S.C. 300j-19b(a)) is amended by striking paragraph (4). SEC. 4. COMPETITIVE GRANT PILOT PROGRAM FOR DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS. (a) In General.--Part F of the Safe Drinking Water Act (42 U.S.C. 300j-21 et seq.) is amended by adding at the end the following: ``SEC. 1465. COMPETITIVE GRANT PILOT PROGRAM FOR DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS. ``(a) Establishment.--Not later than 180 days after the date of enactment of this section, the Administrator shall establish a competitive pilot grant program to provide assistance to local educational agencies for the replacement of drinking water fountains manufactured prior to 1988. ``(b) Use of Funds.--Funds awarded under the competitive pilot grant program-- ``(1) shall be used to pay the costs of replacement of drinking water fountains in schools; and ``(2) shall be awarded on a competitive basis, as determined by the Administrator. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section not more than $5,000,000 for each of fiscal years 2018 through 2022.''. (b) Definitions.--Section 1461(5) of the Safe Drinking Water Act (42 U.S.C. 300j-21(5)) is amended by inserting ``or drinking water fountain'' after ``water cooler'' each place it appears. SEC. 5. SCHOOL REMEDIAL ACTION PROGRAM. Section 1464(d)(7) of the Safe Drinking Water Act (42 U.S.C. 300j- 24(d)(7)) is amended-- (1) by striking ``$20,000,000'' and inserting ``$100,000,000''; and (2) by striking ``2017 through 2021'' and inserting ``2018 through 2022''.

Lead Free Schools Act of 2017 This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to revise national primary drinking water regulations for lead and copper within nine months. The revised regulations must ensure that: corrosion controls are reevaluated anytime source water or treatment is changed; test results are valid by prohibiting techniques that artificially lower lead levels; monitoring includes school sites for all public water systems serving schools; notification of lead problems is clear and effective; and lead service lines, which are controlled by public water systems, are fully replaced on a set timetable and whenever contamination is detected. The EPA must: (1) publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for perfluorinated compounds within two years, and (2) determine whether to regulate 1,4-dioxane within two years. The EPA must establish a grant program for replacing drinking water fountains manufactured prior to 1988 that are located in schools or day care facilities with fountains that are lead free. The bill reauthorizes for FY2018-FY2022 the voluntary school and child care program lead testing grant program.

Lead Free Schools Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``On the Job Training Act''. SEC. 2. REMOVAL OF BARRIERS TO PROMOTE REEMPLOYMENT THROUGH DEMONSTRATION PROJECTS. (a) Modification of Numerical Limitation.--Subsection (a) of section 305 of the Social Security Act (42 U.S.C. 505) is amended by inserting ``per year'' after ``10 States''. (b) Clarification of Application Requirements.--Subsection (b) of such section 305 is amended-- (1) by inserting ``or his or her designee'' after ``The Governor of any State''; and (2) by striking paragraph (2) and inserting the following: ``(2) for any waiver requested under subsection (c), a statement describing-- ``(A) the specific provision or provisions of law for which such waiver is requested; and ``(B) the specific aspects of the project to which such waiver would apply and the reasons why it is needed;''. (c) Extension of Eligible Time Period.--Subsection (d) of such section 305 is amended-- (1) in paragraph (1), by striking ``may'' and all that follows through the semicolon and inserting ``must be commenced not later than December 31, 2017; and''; (2) in paragraph (2)-- (A) by striking ``may not be approved'' and inserting ``may not be conducted''; and (B) by striking ``; and'' and inserting a period; and (3) by striking paragraph (3). (d) Clarification of Demonstration Activities.--Subsection (e) of such section 305 is amended-- (1) in paragraph (1), by striking ``for employer-provided training, such as'' and inserting ``to employers or claimants for employer-provided training or''; and (2) in paragraph (2), by striking ``, not to exceed the weekly benefit amount for each such individual, to pay part of the cost of wages that exceed the unemployed individual's prior benefit level'' and inserting ``that include disbursements promoting retention''. (e) Selection of Qualifying Applications on a First-Come, First- Served Basis and Review of Cost Neutrality.--Subsection (f) of such section 305 is amended to read as follows: ``(f) The Secretary of Labor shall, in the case of any State for which an application is submitted under subsection (b)-- ``(1) approve completed applications in the order of receipt; ``(2) before approving an application, determine whether the assurances that the demonstration project would not result in any increased costs to the State's account in the Unemployment Trust Fund required under subsection (b)(4) are credible and disapprove any application that includes assurances that are determined to not be credible; ``(3) notify the State as to whether such application has been approved or denied within 30 days after receipt of a complete application; and ``(4) provide public notice of the decision within 10 days after providing notification to the State in accordance with paragraph (3). Public notice under paragraph (3) may be provided through the Internet or other appropriate means. Any application under this section that has not been denied within the 30-day period described in paragraph (3) shall be deemed approved, and public notice of any approval under this sentence shall be provided within 10 days thereafter.''. (f) Termination of Demonstration Projects.--Subsection (g) of such section 305 is amended to read as follows: ``(g) The Secretary of Labor may terminate a demonstration project under this section if the Secretary-- ``(1) determines that the State has violated the substantive terms or conditions of the project; ``(2) notifies the State in writing with sufficient detail describing the violation; and ``(3) determines that the State has not taken action to correct the violation within 90 days after the notification.''. (g) Funding for Administrative Costs.--Such section 305 is amended by adding at the end the following new subsection: ``(i) In addition to the amounts described in subsection (h), during the period of fiscal years 2015 through 2020 there is authorized to be appropriated $6,000,000 to the Secretary of Labor for purposes of making payments to States that have entered into agreements with the Secretary to conduct demonstration projects under this section. A payment to a State under this subsection-- ``(1) shall be used by the State to administer a demonstration project approved under this section; ``(2) shall remain available until expended; and ``(3) shall not exceed $200,000 for any fiscal year.''. (h) Effective Date; Transition Rule.-- (1) Effective date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Transition rule.-- (A) In general.--Nothing in this Act shall be considered to terminate or otherwise affect any demonstration project approved under section 305 of the Social Security Act before the date of the enactment of this Act. (B) Original conditions continue to apply.--A demonstration project described in subparagraph (A) shall be conducted in the same manner as if subsections (a) through (f) had not been enacted. SEC. 3. EVALUATION OF DEMONSTRATION PROJECTS. (a) In General.--Section 305 of the Social Security Act (42 U.S.C. 505) is amended by adding at the end the following: ``(i) The Secretary of Labor shall conduct an impact evaluation of each demonstration project conducted under this section, using existing data sources to the extent possible and methodology appropriate to determine the effects of the demonstration project, including on individual skill levels, earnings, and employment retention.''. (b) Cooperation by State.--Section 305(b) of the Social Security Act (42 U.S.C. 505(b)) (as amended by section 2(b) of this Act) is further amended by striking paragraphs (5) and (6) and inserting the following: ``(5) a description of the manner in which the State will determine the extent to which the goals and outcomes described in paragraph (3) were achieved; ``(6) assurances that the State will cooperate, in a timely manner, with the Secretary of Labor with respect to the impact evaluation conducted under subsection (i); and''. (c) Reporting.--Not later than 90 days after the end of fiscal year 2014 and each fiscal year thereafter, until the completion of the last evaluation under section 305(i) of the Social Security Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report that includes a description of-- (1) the status of each demonstration project being carried out under this section; (2) the results of the evaluation completed during the previous fiscal year; and (3) the Secretary's plan for-- (A) disseminating the findings of the report to appropriate State agencies; and (B) incorporating the components of successful demonstration projects that reduced benefit duration and increased employment into Federal unemployment law. (d) Public Dissemination.--In addition to the reporting requirements under subparagraph (c), evaluation results shall be shared broadly to inform policymakers, service providers, other partners, and the public in order to promote wide use of successful strategies, including by posting evaluation results on the Internet website of the Department of Labor.

On the Job Training Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act, with respect to grants to states by the Secretary of Labor for reemployment demonstration projects, to allow grants to up to 10 states per year instead of a maximum of 10 states altogether. Allows a designee of a state governor, instead of only the governor, to apply for such a grant. Requires any project to be commenced by December 31, 2017. Allows direct disbursements under a project to employers who hire individuals receiving unemployment compensation to include disbursements promoting retention. Requires the Secretary of Labor to: (1) approve completed grant applications in the order of receipt; (2) determine, before approving an application, whether its assurances are credible that the project would not result in increased costs to the state's account in the Unemployment Trust Fund; and (3) disapprove any application making assurances determined not credible. Revises requirements for termination of a project to require the Secretary to: (1) notify a state in writing with sufficient detail describing any violation of the substantive terms or conditions of a project justifying its termination, and (2) determine that the state has not taken action to correct the violation within 90 days after notification. Authorizes appropriations for FY2015-FY2020 for additional payments to states for the administrative costs of demonstration projects. Directs the Secretary to evaluate the impact of each demonstration project, using existing data sources and methodology appropriate to determine project effects, including the effect on individual skill levels, earnings, and employment retention.

On the Job Training Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``ERISA Modernization Act of 2000''. SEC. 2. PROHIBITED TRANSACTION EXEMPTION FOR ARM'S LENGTH TRANSACTIONS. (a) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) In general.--Section 408(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)) is amended by adding at the end the following new paragraph: ``(14) Any transaction of the type described in subparagraph (A), (B), (C), or (D) of section 406(a)(1) or in 406(b) (other than a transaction described in paragraph (15)) which meets the arm's length transaction requirements of subsection (g). (2) Arm's length transaction requirements.--Section 408 of such Act is amended further by adding at the end the following new subsection: ``(g)(1) The arm's length transaction requirements of this subsection are met by a transaction described in subparagraph (A), (B), (C), or (D) of section 406(a)(1) if-- ``(A) such transaction is entered into pursuant to a written contract or arrangement which includes the material terms and conditions of such transaction or transactions of the type of such transaction, ``(B) such transaction is in the interest of the plan and its participants and beneficiaries, and ``(C) the terms and conditions of such transaction, including any direct or indirect compensation, are at least as favorable to the plan as an arm's length transaction would be. ``(2) The arm's length transaction requirements of this subsection are met by a transaction described in section 406(b) if-- ``(A) such transaction meets the requirements of paragraph (1), and ``(B) prior to the commencement of such transaction-- ``(i) written disclosure of potential conflicts of interest associated with the transaction (or contemplated transactions of the type thereof), including the receipt of direct or indirect compensation, has been provided to a fiduciary of the plan, and ``(ii) the transaction (or contemplated transactions of the type thereof) have been provided for in the terms of the plan or of a written contract with a fiduciary described in clause (i) that is independent of the person entering into the transaction and any of its affiliates. ``(3) In any case in which a fiduciary causes a plan to enter into a transaction with such fiduciary or an affiliate thereof, the arm's length transaction requirements of this subsection are met only if-- ``(A) such transaction meets the requirements of paragraphs (1) and (2), ``(B) such fiduciary or affiliate is engaged in the business of entering into transactions of such type with the general public, and ``(C) such transaction is entered into under substantially the same terms and conditions as those under which such transactions with the general public are entered into.''. (b) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Subsection (d) of section 4975 of the Internal Revenue Code of 1986 (relating to exemptions from tax on prohibited transactions) is amended-- (A) in paragraph (14), by striking ``or'' at the end; (B) in paragraph (15), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(16) Any transaction of the type described in subsection (c)(1) (other than a transaction described in paragraph (17)) which meets the arm's length transaction requirements of subsection (f)(7).''. (2) Arm's length transaction requirements.--Subsection (f) of such section 4975 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(7) Arm's length transaction requirements.-- ``(A) Transactions with disqualified persons.--The arm's length transaction requirements of this subsection are met by a transaction described in subparagraph (A), (B), (C), or (D) of subsection (c)(1) if-- ``(i) such transaction is entered into pursuant to a written contract or arrangement which includes the material terms and conditions of such transaction or transactions of the type of such transaction, ``(ii) such transaction is in the interest of the plan and its participants and beneficiaries, and ``(iii) the terms and conditions of such transaction, including any direct or indirect compensation, are at least as favorable to the plan as an arm's length transaction would be. ``(B) Transactions with a fiduciary or its affiliate.--The arm's length transaction requirements of this subsection are met by a transaction described in subparagraph (E) or (F) of subsection (c)(1) if-- ``(i) such transaction meets the requirements of subparagraph (A), and ``(ii) prior to the commencement of such transaction-- ``(I) written disclosure of potential conflicts of interest associated with the transaction (or contemplated transactions of the type thereof), including the receipt of direct or indirect compensation, has been provided to a fiduciary of the plan, and ``(II) the transaction (or contemplated transactions of the type thereof) have been provided for in the terms of the plan or of a written contract with a fiduciary described in subclause (I) that is independent of the person entering into the transaction and any of its affiliates. ``(C) Transactions with the fiduciary causing the transactions.--In any case in which a fiduciary causes a plan to enter into a transaction with such fiduciary or an affiliate thereof, the arm's length transaction requirements of this subjection are met only if-- ``(i) such transaction meets the requirements of subparagraphs (A) and (B), ``(ii) such fiduciary or affiliate is engaged in the business of entering into transactions of such type with the general public, and ``(iii) such transaction is entered into under substantially the same terms and conditions as those under which such transactions with the general public are entered into.''. (c) Effective Date.--The amendments made by this section shall apply with respect to transactions entered into on or after January 1, 2001. SEC. 3. DEFINITION OF PARTY IN INTEREST. (a) Amendments to the Employee Retirement Income Security Act of 1974.--Section 3(14) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(14)) is amended-- (1) by striking subparagraphs (A) and (B) and inserting the following: ``(A) a person who is an administrator, officer, counsel, or employee of the plan; ``(B) in connection with a transaction described in section 406(a), a fiduciary not otherwise described in subparagraph (A) who personally directed or actively participated in the plan's entry into such transaction;''; (2) in subparagraph (G), by adding ``or'' at the end; (3) by striking subparagraphs (H) and (I) and inserting the following: ``(H) an officer or director (or an individual having powers or responsibilities similar to those of officers and directors) of a person described in subparagraph (C), (D), (E), or (G), or of the employee benefit plan.''; and (4) in the matter following subparagraph (I) (as in effect before the amendments made by this subsection), by striking ``and lower than 10 percent for subparagraph (H) or (I)''. (b) Amendments to the Internal Revenue Code of 1986.--Paragraph (2) of section 4975(e) of the Internal Revenue Code of 1986 (relating to disqualified person) is amended-- (1) by striking subparagraphs (A) and (B) and inserting the following: ``(A) a person who is an administrator, officer, counsel, or employee of the plan; ``(B) in connection with a transaction described in subparagraph (A), (B), (C), or (D) of subsection (c)(1), a fiduciary not otherwise described in subparagraph (A) of this paragraph who personally directed or actively participated in the plan's entry into such transaction;''; (2) in subparagraph (G), by adding ``or'' at the end; (3) by striking subparagraphs (H) and (I) and inserting the following: ``(H) an officer or director (or an individual having powers or responsibilities similar to those of officers and directors) of a person described in subparagraph (C), (D), (E), or (G), or of the plan.''; and (4) in the matter following subparagraph (I) (as in effect before the amendments made by this subsection), by striking ``and lower than 10 percent for subparagraph (H) or (I)''. (b) Effective Date.--The amendments made by this section shall apply with respect to transactions, acts, or omissions occurring on or after January 1, 2001. SEC. 4. STANDARDS FOR ISSUING EXEMPTIVE RELIEF. (a) In General.--Section 408(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(a)) is amended-- (1) by striking the third sentence; (2) by adding ``and'' at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2); and (3) in the matter following paragraph (3) (as in effect before the amendments made by this subsection)-- (A) by striking ``Before granting'' and inserting the following: ``The issuance of an exemption by the Secretary from any restriction under section 406 or 407(a) does not exempt a fiduciary who enters into a transaction subject to such exemption from the fiduciary duties of section 404 with respect to the plan or any other provision of this Act with respect to the plan. In any case in which the Secretary deems it appropriate, before granting''; (B) by striking ``shall'' each place it appears and inserting ``may''; (C) by inserting ``or provide such other notice as the Secretary deems appropriate'' after ``pendency of the exemption''; (D) by striking ``paragraphs (1), (2), and (3)'' and inserting ``paragraphs (1) and (2)''; and (E) by adding at the end the following new sentence: ``The Secretary may not grant an exemption under this section unless the Secretary finds that the conditions or requirements set forth in the exemption are necessary additions to the existing Federal and State laws and regulations and the protections they afford to address concerns unique to employee benefit plans.''. (b) Effective Date.--The amendments made by this section shall apply with respect to transactions occurring on or after January 1, 2001. SEC. 5. REGULATIONS RELATING TO DEFINITION OF PLAN ASSETS. (a) In General.--Section 401 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1101) is amended by adding at the end the following new subsection: ``(d)(1)(A) Not later than March 31, 2001, the Secretary shall issue proposed regulations (including proposed amendments to existing regulations) to provide additional guidance for the purpose of determining when the assets of an entity in which an employee benefit plan has invested will constitute assets of the plan for purposes of this part. ``(B) The proposed regulations issued pursuant to subparagraph (A) shall be subject to public notice and comment until June 30, 2001. ``(C) The Secretary shall issue final regulations providing the guidance described in subparagraph (A) not later than September 30, 2001. ``(D) Except as otherwise determined by the Secretary, such regulations shall apply only to investments in an entity made by an employee benefit plan after September 30, 2001. No inference shall be drawn from the preceding sentence with respect to the interpretation of any existing regulations prior to such effective date. ``(2) The Secretary shall ensure that the regulations issued under paragraph (1)-- ``(A) are administratively feasible; and ``(B) protect the interests and rights of the plan and of its participants and beneficiaries (including meeting the requirements of paragraph (3)). ``(3) The regulations prescribed by the Secretary pursuant to paragraph (1) shall provide-- ``(A) that an entity in whose assets investment by an employee benefit plan is not significant will not be treated as holding the plan assets of such plan; ``(B) that participation by an employee benefit plan will not be treated as significant unless such plan owns 25 percent or more of any class of interests in the entity; ``(C) that, for purposes of determining whether investment by an employee benefit plan in an entity is significant, interests in the entity which are owned by other entities that are deemed to hold assets of employee benefit plans shall be treated as held by such plans only to the extent proportionate to the interests in such entities that are owned by such plans; ``(D) that an entity that has made no investments, or that has made only short-term investments pending long-term commitment, shall be permitted to qualify for the exception (as in effect under existing regulations) from plan asset status as a `venture capital operating company' on a tentative basis for purposes of accepting capital contributions of employee benefit plans for a period not to exceed 30 days prior to the entity's first investment that would permit it to qualify as a `venture capital operating company' pursuant to such exception; ``(E) that a startup or other early stage company is eligible to qualify as an `operating company' for purposes of the definition of a `venture capital operating company' under the exception described in subparagraph (D); and ``(F) that an entity which, for a prior period, has not qualified or has failed to qualify for the exception described in subparagraph (D) may nevertheless qualify for such exception prospectively if it satisfies the requirements for the exception on a prospective basis. ``(4) For purposes of this subsection-- ``(A) The term `existing regulations' means the regulations issued under this section which were in effect immediately before the date of the enactment of this subsection. ``(B) Any reference to an employee benefit plan includes a reference to any employee benefit plan to which the existing regulations apply.''. (b) Conforming Amendment.--Subsection (f) of section 4975 of the Internal Revenue Code of 1986 (relating to other definitions and special rules) (as amended by the preceding provisions of this Act) is amended further by adding at the end the following new paragraph: ``(9) Regulations relating to definition of plan assets.-- Section 401(d) of the Employee Retirement Income Security Act of 1974 shall apply with respect to regulations issued under this section. For purposes of this paragraph, references in such section 401(d) to employee benefit plans shall be deemed to include references to plans referred to in this section.''.

Redefines party in interest under specified ERISA and related IRC provisions. Sets forth standards for the Secretary of Labor's issuing certain exemptive relief under ERISA. Directs the Secretary to issue regulations relating to definition of plan assets under specified ERISA and related IRC provisions.

ERISA Modernization Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraqi Scientists Immigration Act of 2002''. SEC. 2. ADMISSION OF CRITICAL ALIENS. (a) Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), is amended-- (1) by striking ``or'' at the end of subparagraph (U); (2) by striking the period at the end of subparagraph (V) and inserting ``; or''; and (3) by adding a new subparagraph (W), reading: ``(W) Subject to section 214(s), an alien-- ``(i) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and such other officials as he may deem appropriate, and in the Attorney General's unreviewable discretion, is an individual-- ``(I) who has worked at any time in an Iraqi program to produce weapons of mass destruction or the means to deliver them; ``(II) who is in possession of critical and reliable information concerning any such Iraqi program; ``(III) who is willing to provide, or has provided, such information to the United States Government; ``(IV) who may be willing to provide, or has provided, such information to inspectors of the United Nations or of the International Atomic Energy Agency; ``(V) who will be or has been placed in danger as a result of providing such information; and ``(VI) whose admission would be in the public interest or in the interest of national security; or ``(ii) who is the spouse, married or unmarried son or daughter, parent, or other relative, as determined by the Attorney General in his unreviewable discretion, of an alien described in clause (i), if accompanying or following to join such alien, and whose admission the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, determines in his unreviewable discretion is in the public interest or in the interest of national security.''. (b) Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), is amended by-- (1) redesignating subsections second (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), second (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act), as subsections (n), (o), (p), (q), and (r) respectively; and (2) adding a new subsection (s) reading: ``(s) Numerical limitations and conditions of admission and stay for nonimmigrants admitted under section 101(a)(15)(W). ``(1) The number of aliens who may be admitted to the United States or otherwise granted status under section 101(a)(15)(W)(i) may not exceed a total of 500. ``(2) As a condition for the admission, and continued stay in lawful status, of any alien admitted to the United States or otherwise granted status as a nonimmigrant under section 101(a)(15)(W), the nonimmigrant-- ``(A) shall report to the Attorney General such information concerning the alien's whereabouts and activities as the Attorney General may require; ``(B) may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after the date of such admission or grant of status; ``(C) must have executed a form that waives the nonimmigrant's right to contest, other than on the basis of an application for withholding of removal or for protection under the Convention Against Torture, any action for removal of the alien instituted before the alien obtains lawful permanent resident status; ``(D) shall cooperate fully with all requests for information from the United States Government including, but not limited to, fully and truthfully disclosing to the United States Government all information in the alien's possession concerning any Iraqi program to produce weapons of mass destruction or the means to deliver them; and ``(E) shall abide by any other condition, limitation, or restriction imposed by the Attorney General.''. (c) Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255), is amended by-- (1) In subsection (c), striking ``or'' before ``(8)'' and inserting before the period, ``or (9) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(W)''; (2) redesignating subsection (l), relating to ``U'' visa nonimmigrants, as subsection (m); and (3) adding a new subsection (n) reading: ``(n) Adjustment to permanent resident status of ``W'' nonimmigrants. ``(1) If, in the opinion of the Attorney General, a nonimmigrant admitted into the United States (or otherwise provided nonimmigrant status) under section 101(a)(15)(W)(i) has complied with section 214(s) since such admission or grant of status, the Attorney General may, in coordination with the Secretary of State and the Director of Central Intelligence, and in his unreviewable discretion, adjust the status of the alien (and any alien who has accompanied or followed to join such alien pursuant to section 101(a)(15)(W)(ii) and who has complied with section 214(s) since admission or grant of nonimmigrant status) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E). ``(2) Upon the approval of adjustment of status of any alien under paragraph (1), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under sections 201(d) and 203(b)(4) for the fiscal year then current.''. (d) Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)), is amended by inserting a new paragraph (d)(2) reading: ``(2) The Attorney General shall determine whether a ground of inadmissibility exists with respect to a nonimmigrant described in section 101(a)(15)(W). The Attorney General, in the Attorney General's discretion, may waive the application of subsection (a) in the case of such a nonimmigrant if the Attorney General considers it to be in the public interest or in the interest of national security.''. (e) Section 248(1) of the Immigration and Nationality Act (8 U.S.C. 1258(1)), is amended by striking ``or (S)'' and inserting ``(S)'', or (W)''. SEC. 3. WEAPONS OF MASS DESTRUCTION DEFINED. (a) In General.--In this Act, the term ``weapon of mass destruction'' has the meaning given the term in section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as amended by subsection (b). (b) Technical Correction.--Section 1403(1)(B) of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by striking ``a disease organism'' and inserting ``a biological agent, toxin, or vector (as those terms are defined in section 178 of title 18, United States Code)''. Passed the Senate November 20, 2002. Attest: JERI THOMSON, Secretary.

Iraqi Scientists Immigration Act of 2002 - (Sec. 2) Amends the Immigration and Nationality Act to provide for the nonimmigrant admission of an alien (and accompanying family members or relatives) who the Attorney General determines, in coordination with the Secretary of State, the Director of Central Intelligence and other appropriate officials, and in the Attorney General's unreviewable discretion, is an individual: (1) who has worked at any time in an Iraqi weapons of mass destruction program; (2) who is in possession of critical and reliable information concerning any such Iraqi program; (3) who is willing to provide, or has provided, such information to the United States or to United Nations or International Atomic Energy Agency inspectors; (4) who will be or has been placed in danger as a result of providing such information; and (5) whose admission would be in the public interest or in the interest of national security.Limits such entrants to 500 aliens.Requires such an alien, in order to be admitted and remain in the United States, to: (1) report to the Attorney General concerning his or her whereabouts and activities; (2) not be convicted of any criminal offense punishable by a term of imprisonment of one year or more after the date of admission or grant of status; (3) have waived rights to contest, other than on the basis of an application for withholding of removal or for protection under the Convention Against Torture, any action for removal instituted before the alien obtains lawful permanent resident status; and (4) cooperate fully with all information requests, including information concerning any Iraqi program to produce or deliver weapons of mass destruction.Authorizes the Attorney General, in coordination with the Secretary of State and the Director of Central Intelligence, to adjust the status of such an alien (and family members) to permanent resident status.Authorizes the Attorney General to waive the inadmissability of such an alien for reasons of public interest or national security.(Sec. 3) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to revise the definition of "weapon of mass destruction" to replace "disease organism" with "biological agent, toxin, or vector." .

A bill to authorize the issuance of immigrant visas to, and the admission to the United States for permanent residence of, certain scientists, engineers, and technicians who have worked in Iraqi weapons of mass destruction programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rite of Passage Community Service Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The teenage years are a pivotal time of life, when young people are making choices that will affect them for the rest of their lives. (2) The ways in which young people spend their time during their teenage years may set them on a course of active citizenship and engaged learning, or down a path of risky behavior with the likelihood of failure. (3) Research suggests that when young people see that they are able to improve the lives of others they feel that they are able to control and improve their own lives. (4) If properly trained, organized, and supervised, teenagers are a resource that can make a significant contribution to their communities. (5) Opportunities for volunteer service during the teenage years could become a rite of passage for future generations. (6) The National Academy of Sciences Report on Youth Development concluded that ``the future well-being of the country depends on raising generations of skilled, competent, and responsible adults''. (b) Purpose.--It is the purpose of this Act to-- (1) create a national network of service programs for middle school students to serve in their communities after school and during the summer; (2) provide students with opportunities to serve in their communities and participate in other programs such as workshops in leadership development, public speaking, conflict resolution, team-building, and other character-building programs; (3) provide young people an experience that reinforces their connection to the community, enriches their education, and strengthens their personal and civic values; and (4) instill an ethic of service in young people which will stay with them throughout their lifetimes. SEC. 3. RITE OF PASSAGE COMMUNITY SERVICE PROGRAM. (a) Establishment.--Section 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended-- (1) by redesignating paragraph (15) as paragraph (16); and (2) by inserting after paragraph (14) the following: ``(15) A community-based Rite of Passage after school and summer service corps program that would offer young people-- ``(A) the opportunity to perform service in their communities; ``(B) the opportunity to participate in activities that would provide training in leadership development, public speaking, conflict resolution, team building, and other critical skills; ``(C) service-learning curricula linked to academic goals; and ``(D) the opportunity to work with older AmeriCorps members who can organize service projects and act as mentors.''. (b) Eligibility.--Section 137 of such Act (42 U.S.C. 12591) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Special Rules for Rite of Passage Program.--An individual shall be considered to be a participant in a Rite of Passage community- based after school or summer service corps program described in section 122(a)(15) (42 U.S.C. 12591) that is carried out with assistance provided under section 121(a) (42 U.S.C. 12571) if the individual-- ``(1) satisfies the requirements of paragraphs (1), (2), and (6) of subsection (a); and ``(2) is between the ages of 12 and 16, inclusive, at the time the individual begins the term of service.''. (c) Terms of Service.--Section 139(b) of such Act (42 U.S.C. 12593(b)) is amended by adding at the end the following: ``(4) Special rule for rite of passage program.--An individual participating in a Rite of Passage community-based after school or summer service corps program described in section 122(a)(15) shall agree to participate in the program for not less than 150 hours during a period of not less than 2 months and not more than 1 year.''. (D) National Service Educational Award.-- (1) Special rule for rite of passage program.--Section 141 of such Act (42 U.S.C. 12595) is amended by adding at the end the following: ``(c) Special Rule for Rite of Passage Program.--An individual participating in a Rite of Passage community-based after school or summer service corps program described in section 122(a)(15), upon completion of the required 150 hours of service shall receive an education award of $500.''. (2) Eligible individuals.--Section 146 is amended-- (A) in subsection (a)(2) by striking ``or a program described in section 122(a)(9);'' and inserting ``, a program described in section 122(a)(9), or a program described in section 122(a)(15);''; and (B) in subsection (d)(2)-- (i) in subparagraph (A), by striking ``or''; (ii) in subparagraph (B), by striking ``period.'' and inserting ``period; or''; and (iii) by adding at the end the following: ``(C) participated in a program described in section 12572(a).''. SEC. 4. REPORT. Not later than March 1 of each of the first 3 years following the date of enactment of this Act, the Corporation for National and Community Service shall transmit to the Congress a report and evaluation of the program authorized by this Act.

Rite of Passage Community Service Act - Amends the National and Community Service Act of 1990 to establish a Rite of Passage Community Service Program. Requires such program to be a community-based after-school and summer service corps for eligible young people who are between the ages of 12 and 16, inclusive, at the time they begin such service. Requires such program to offer participants service-learning curricula linked to academic goals, as well as opportunities for: (1) service in their communities; (2) activities that train in certain critical skills; and (3) working with older AmeriCorps members who can organize service projects and act as mentors. Requires each individual program participant to: (1) agree to participate in such after-school or summer program for at least 150 hours during a period of at least two months and not more than one year; and (2) receive a $500 education award upon completion of such required hours of service.

To amend the National and Community Service Act of 1990 to create the Rite of Passage Community Service Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding America's Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2006'' or the ``SAFER NET Act''. SEC. 2. ESTABLISHMENT OF OFFICE. The Federal Trade Commission shall establish an Office of Internet Safety and Public Awareness, which shall have responsibility for programs and activities relating to increasing public awareness and providing education regarding Internet safety. SEC. 3. DIRECTOR. The Office shall be headed by a Director who shall be appointed by the Commission. SEC. 4. INTERNET SAFETY. For purposes of this Act, the issue of Internet safety includes issues regarding use of the Internet in a manner that promotes safe online activity, including safe transactions involved in online commerce, and protects against threats to financial information and privacy, threats from cyber-crime, and threats to juveniles, including cyber-predators and material that is inappropriate for minors. SEC. 5. DUTIES. (a) Activities.--The Commission, acting through the Office, shall carry out a nationwide program to increase public awareness and education regarding Internet safety, for families, businesses, organizations, and other users, that utilizes existing resources and efforts of the Federal Government, State and local governments, nonprofit organizations, private technology and financial companies, Internet service providers, World Wide Web-based resources, and other appropriate entities, that includes-- (1) evaluating Internet safety efforts and activities provided at various levels of government and by other entities; (2) improving efficiency of Internet safety efforts and activities, by eliminating redundancy of efforts at various levels of government and other entities, identifying, promoting, and expanding effective such efforts and activities and coordinating among such efforts and activities; (3) identifying, promoting, and encouraging best practices for Internet safety; (4) establishing and carrying out a national outreach and education campaign regarding Internet safety utilizing various media and Internet-based resources; (5) serving as the primary contact in the Federal Government, and as a national clearinghouse, for information and public awareness efforts regarding Internet safety; (6) facilitating access to, and the exchange of, information regarding Internet safety to promote up-to-date knowledge regarding current issues; (7) providing expert advice and consultation to the Commission regarding Internet safety issues; and (8) providing assistance, including technical assistance and financial assistance under subsection (c), to States, units of local government, schools, police departments, non-profit organizations, and such other entities as the Office considers appropriate to promote Internet safety education and public awareness. (b) Grants and Contracts.-- (1) Authority.--In carrying out subsection (b), the Commission, acting through the Office, may make grants, to the extent amounts are provided in advance in appropriation Acts for such grants, to, and enter into cooperative agreements, contracts, and interagency agreements with States, units of local government, schools, police departments, non-profit organizations, and such other public and private agencies, entities, and organizations as the Office considers appropriate. (2) Evaluation.--The Commission, acting through the Office, shall provide for evaluations of projects and activities carried out with financial assistance provided under paragraph (1) and for the dissemination of information developed as a result of such projects. SEC. 6. ANNUAL REPORTS. The Commission, acting through the Office, shall submit a report not later than March 31 of each year that-- (1) describes the activities of the Office during the preceding calendar year; (2) contains any evaluations performed pursuant to subsection (c)(2) for any projects and activities carried out during the preceding calendar with assistance under subsection (c)(1); (3) describes and analyzes the current state, as of the preparation of such report, of Internet safety, existing and emerging threats to Internet safety, and costs to the economy of the United States resulting from preventing, responding to, eliminating, and otherwise dealing with threats to Internet safety. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Internet.--The term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (3) Office.--The term ``Office'' means the Office of Internet Safety and Public Awareness of the Federal Trade Commission, established by section 2.

Safeguarding America's Families by Enhancing and Reorganizing New and Efficient Technologies Act of 2006 or the SAFER NET Act - Requires the Federal Trade Commission (FTC) to establish an Office of Internet Safety and Public Awareness to be headed by a Director. Requires the FTC, acting through the Office, to carry out a nationwide program to increase public awareness and education regarding Internet safety, that utilizes existing resources and efforts of all levels of government and other appropriate entities and that includes: (1) evaluating and improving the efficiency of Internet safety efforts provided by such entities; (2) identifying and promoting best practices; (3) establishing and carrying out a national outreach and education campaign; (4) serving as the primary contact in the federal government and as a national clearinghouse for Internet safety information; (5) facilitating access to, and the exchange of, such information; (6) providing expert advice to the FTC; and (7) providing technical, financial, and other appropriate assistance to such entities.

To improve public awareness in the United States regarding safe use of the Internet through the establishment of an Office of Internet Safety and Public Awareness within the Federal Trade Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Hospital Outpatient Reform Act of 1997''. SEC. 2. ELIMINATION OF FORMULA-DRIVEN OVERPAYMENTS FOR CERTAIN OUTPATIENT HOSPITAL SERVICES. (a) Ambulatory Surgical Center Procedures.--Section 1833(i)(3)(B)(i)(II) of the Social Security Act (42 U.S.C. 1395l(i)(3)(B)(i)(II)) is amended-- (1) by striking ``of 80 percent''; and (2) by striking the period at the end and inserting the following: ``, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A).''. (b) Radiology Services and Diagnostic Procedures.--Section 1833(n)(1)(B)(i)(II) of such Act (42 U.S.C. 1395l(n)(1)(B)(i)(II)) is amended-- (1) by striking ``of 80 percent''; and (2) by striking the period at the end and inserting the following: ``, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A).''. (c) Effective Date.--The amendments made by this section shall apply to services furnished during portions of cost reporting periods occurring on or after January 1, 1998. SEC. 3. PROSPECTIVE PAYMENT FOR HOSPITAL OUTPATIENT DEPARTMENT SERVICES. (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following: ``(t) Prospective Payment System for Hospital Outpatient Department Services.-- ``(1) In general.--Notwithstanding any other provision of this title, with respect to hospital outpatient services designated by the Secretary and furnished during years beginning with January 1, 1998, the amount of payment made for the services determined under this part shall be determined under a prospective payment system established by the Secretary in accordance with this subsection. ``(2) System requirements.--Under the system established by the Secretary under this subsection, the Secretary shall-- ``(A) develop a classification system to reflect the hospital outpatient services furnished under this part; ``(B) establish groups of procedures and visits so that procedures and visits within each group are comparable clinically and with respect to the use of resources; ``(C) using data from the most recent year available, establish relative payment weights for groups based on median hospital costs and shall determine the frequency of utilization of each group; ``(D) adjust the proportion, (as estimated by the Secretary from time to time) of hospitals' costs which are attributable to wages and wage-related costs, of the fee schedule amounts applied under paragraph (3) for area differences in hospital wage levels by the factor (established by the Secretary under section 1886(d)(3)(E)) reflecting the relative hospital wage level in the geographic classification area of the hospital compared to the national average hospital wage level; ``(E) establish other adjustments as determined to be necessary to ensure equitable payments, and establish a reduced payment for the performance of multiple procedures where the marginal cost of providing a second procedure during a single visit may be less than the individual cost of both procedures combined; and ``(F) identify and implement methodologies to control for unnecessary increases in the volume of the services subject to payment under this section, and report to Congress on such methodologies before January 1, 1999. ``(3) Medicare payment amount.--Subject to the deductible under section 1833(b), the amount of payment made under this part for outpatient department services classified within a group and provided in any year shall be equal to 80 percent of the Medicare OPD fee schedule amount for the group and the year, as determined under paragraph (5). ``(4) Computation of conversion factors.-- ``(A) Estimates of certain amounts.--The Secretary shall estimate the total projected Medicare payments that would have been made under this part to hospitals for outpatient department services in 1998. ``(B) Calculation of conversion factor.-- ``(i) For 1998.--On the basis of the weights and frequencies of utilization described in paragraph (2)(C), the Secretary shall establish a conversion factor for determining Medicare OPD fee schedule amounts for each group for 1998 in a manner so that, taking into account the products, for all the groups, of 80 percent of the Medicare OPD fee schedule amounts (taking into account appropriate adjustments described in paragraphs (2)(D) and (2)(E)), and the frequency of utilization for such group, the total projected Medicare payments under this part to hospitals under the system under this subsection for outpatient department services in 1998 shall equal the total projected Medicare payments estimated under subparagraph (A). ``(ii) Subsequent years.--Before the beginning of each year after 1998, the Secretary shall determine the conversion factor for determining Medicare OPD fee schedule amounts for each group for that year. The conversion factor shall be equal to the conversion factor determined under this subparagraph for the previous year increased by the market basket percentage increase (as defined in section 1886(b)(3)(B)(iii)) for the fiscal year in which the year involved begins. ``(5) Calculation of Medicare opd fee schedule amounts.-- The Secretary shall compute a Medicare OPD fee schedule amount for each group for each year in an amount equal to the product of-- ``(A) the conversion factor computed under paragraph (4)(B) for the year, and ``(B) the relative payment weights (determined under paragraph (2)(C)) for such group for such year. ``(6) Periodic review and adjustments to group prices.-- ``(A) Periodic review.--The Secretary may periodically review and revise the groups, the relative payment weights, and the wage and other adjustments described in paragraph (2) and take into account changes in medical practice, volume, changes in technology, the addition of new procedures, new cost data, and other relevant information and factors. ``(B) Budget neutrality for adjustment.--If the Secretary makes adjustments under subparagraph (A), then such adjustments for a year may not cause the estimated amount of expenditures under this part for the year to increase or decrease from the estimated amount of expenditures under this part that would have been made if such adjustments had not been made.''. (b) Coinsurance.--Section 1866(a)(2)(A)(ii) of such Act (42 U.S.C. 1395cc(a)(2)(A)(ii)) is amended by adding at the end the following new sentence: ``In the case of items and services for which payment is made under part B under the prospective payment system established under section 1833(t), clause (ii) of the first sentence shall be applied by substituting for 20 percent of the reasonable charge, the 20 percent of the applicable Medicare OPD fee schedule amount under section 1833(t)(5)).''. (c) Conforming Amendments.-- (1) Section 1833(i)(3) of such Act (42 U.S.C. 13951(i)(3)) is amended by adding at the end the following: ``(C) The previous provisions of this paragraph shall not apply to items and services for which the amount of payment is determined under subsection (t).''. (2) Section 1833(n) of such Act (42 U.S.C. 13951(n)) is amended by adding at the end the following: ``(4) The previous provisions of this subsection shall not apply to items and services for which the amount of payment is determined under subsection (t).''. (d) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 1998.

Medicare Hospital Outpatient Reform Act of 1997 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) eliminate formula-driven overpayments for certain outpatient hospital services; and (2) provide for a prospective payment system for hospital outpatient department services.

Medicare Hospital Outpatient Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prompt Payment of Health Benefit Claims Act of 2001''. SEC. 2. PROMPT PAYMENT OF HEALTH BENEFIT CLAIMS BY GROUP HEALTH PLANS AND HEALTH INSURANCE ISSUERS. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan, and a health insurance issuer offering group health insurance coverage, shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan, and a health insurance issuer offering group health insurance coverage, shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standard relating to prompt payment of claims.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to prompt payment of claims.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARD RELATING TO PROMPT PAYMENT OF CLAIMS. ``A group health plan shall-- ``(1) pay the claim to a participant or beneficiary, or make a payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (in the case of a claim or bill transmitted electronically) or within 30 business days of such date for other claims or bills submitted in writing; and ``(2) shall accept as a clean claim a claim that is submitted consistent with the standards adopted under part C of title XI of the Social Security Act (as added by section 262 of the Health Insurance Portability and Accountability Act of 1996).''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING PATIENT FREEDOM OF CHOICE. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2002. (2) Individual health insurance coverage.--The amendment made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2002. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. SEC. 3. PROMPT PAYMENT BY MEDICARE+CHOICE ORGANIZATIONS IN ALL LINES OF BUSINESS. (a) In General.--Section 1857(f)(1) of the Social Security Act (42 U.S.C. 1395w-27(f)(1)) is amended by inserting ``and to individuals enrolled with the organization through other lines of business (including private health benefits coverage)'' after ``to enrollees pursuant to the contract''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contract years beginning on or after January 1, 2002.

Prompt Payment of Health Benefit Claims Act of 2001 - Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act, and the Internal Revenue Code to require group health plans, and health insurance issuers offering group health insurance coverage, to: (1) pay the claim to a participant or beneficiary, or make payment to a health care provider, within 15 business days of the date of the claim or bill for services rendered (for those transmitted electronically) or within 30 business days of such date for bills or claims submitted in writing; and (2) accept as a clean claim a claim submitted consistent with standards adopted under title XI of the Social Security Act (SSA), as added by the Health Insurance Portability and Accountability Act of 1996.Amends the PHSA to apply such payment standards to health insurance coverage offered by issuers in the individual market in the same manner as applied to group coverage.Provides for coordination between the Secretaries of Labor, the Treasury, and Health and Human Services with respect to the administration of this Act.Amends title XVIII (Medicare) of the SSA to require Medicare+Choice organizations to provide prompt payment of claims submitted for services and supplies furnished to individuals enrolled with such organizations through other lines of business (including private health benefits coverage).

To amend title XXVII of the Public Health Service Act, title I of the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title XVIII of the Social Security Act to require that group and individual health insurance coverage, group health plans, and Medicare+Choice organizations provide prompt payment of claims.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Arbitration Enforcement Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Arbitration is an efficient and flexible dispute resolution mechanism of great benefit to United States persons doing business internationally. (2) In some countries, particularly those with undeveloped or inconsistent judicial systems, international arbitration may be the only fair and reliable dispute resolution mechanism available to United States persons. (3) The usefulness of international arbitration depends in large measure on the commitment of foreign states to enforce foreign arbitral awards pursuant to their accession to, and observance of, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. (4) United States persons are often without remedies when foreign states violate the Convention by refusing to enforce foreign arbitral awards or by otherwise impairing the ability to collect the awards by improperly delaying their enforcement. (5) It is in the interest of the United States to maintain the reliability of international arbitration, to promote the observance of the Convention, and to protect United States persons from economic injury resulting from violations of the Convention by foreign states. (6) Similarly, it would be unjust to permit a foreign state to be shielded from liability in the United States for the damages suffered by a United States person abroad resulting from a violation of the Convention by the foreign state. (7) It is therefore in the national interest to create a judicial remedy in favor of United States persons injured as a result of a violation of the Convention by a foreign state and to facilitate the execution of any judgment entered in such an action. SEC. 3. PURPOSE. The purpose of this Act is to create a civil remedy against foreign states whose violation of the Convention injures United States persons by prohibiting the enforcement of foreign arbitral awards entered in favor of such United States persons or by impairing the ability of such United States persons to collect such awards. SEC. 4. DEFINITIONS. As used in this Act-- (1) Convention.--The term ``Convention'' means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on June 10, 1958. (2) United states person.--The term ``United States person'' means-- (A) any United States citizen or alien admitted for permanent residence into the United States; or (B) any corporation, trust, partnership, or other judicial entity established pursuant to the laws of the United States or its several States and territories. (3) Foreign arbitral award.--The term ``foreign arbitral award'' means any arbitral award to which the Convention applies. SEC. 5. LIABILITY FOR VIOLATION OF THE CONVENTION. (a) Civil Remedy.--(1) Any foreign state that is certified by the President under subsection (b) to have injured a United States person through the state's violation of the Convention with respect to a foreign arbitral award shall be liable to the United States person for money damages consisting of-- (A) the amount of the foreign arbitral award, plus any interest provided for by the award; and (B) the attorney's fees and costs incurred by the United States person in bringing an action under this Act with respect to such certification. (2) Actions may be brought under paragraph (1) with respect to arbitral awards entered before, on, or after the date of the enactment of this Act. (b) Presidential Certification.--The President may certify an injury to a United States person through a violation of the Convention if-- (1)(A) a foreign state has failed to enforce a foreign arbitral award entered in favor of that United States person in violation of the state's obligations under the Convention; or (B) a foreign state has impeded, in violation of its obligations under the Convention, the enforcement of a foreign arbitral award entered in favor of that United States person such that the ability of the United States person to collect the award may reasonably be presumed to have been impaired or reduced; and (2) the United States person has exhausted all judicial and administrative remedies in the foreign state in which the arbitral award is sought to be enforced, or the further pursuit of such remedies would reasonably be considered to be futile. (c) Effect of Presidential Certification.--A Presidential certification that a United States person has been injured by a foreign state's violation of the Convention shall, in any action brought under this Act, establish an evidentiary presumption that-- (1) the foreign state certified to have violated the Convention has done so; and (2) the damages suffered by the United States person are equivalent to the amount of the award plus interest, if any. (d) Jurisdiction.--(1) Chapter 85 of title 28, United States Code, is amended by inserting after section 1331 the following new section: ``Sec. 1331a. Civil actions involving violations of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards ``The district courts shall have exclusive jurisdiction, without regard to the amount in controversy, of any action brought under section 5 of the International Arbitration Enforcement Act of 1999.''. (2) The table of sections for chapter 85 of title 28, United States Code, is amended by inserting after the item relating to section 1331 the following: ``1331a. Civil actions involving violations of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.''. (e) Waiver of Sovereign Immunity.--Section 1605 of title 28, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; or''; and (3) by adding at the end the following: ``(8) in which the action is brought with respect to violations of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards under section 5 of the International Arbitration Enforcement Act of 1999.''. (f) No Immunity From Attachment or Execution.--(1) Section 1610(a) of title 28, United States Code, is amended-- (A) by striking the period at the end of paragraph (7) and inserting ``, or''; and (B) by adding at the end the following: ``(8) the judgment or attachment relates to a claim for which the foreign state is not immune under section 1605(a)(8), regardless of whether the property is or was involved in or related to the act giving rise to or upon which the claim is based.''. (2) Section 1610(b) of such title is amended-- (A) by striking ``or'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``, or''; and (C) by adding at the end the following: ``(3) the judgment or attachment relates to a claim for which the foreign state is not immune under section 1605(a)(8), regardless of whether the property is or was involved in or related to the act giving rise to or upon which the claim is based.''. (g) Limitations Period.--An action under this Act may be brought within one year after the President makes the certification under subsection (b) on which the action is based.

Amends Federal law to grant district courts exclusive jurisdiction over violations of the Convention. Waives a foreign state's sovereign immunity in any action brought against it for violations of the Convention, including the enforcement of such actions.

International Arbitration Enforcement Act of 1999

SECTION 1. SHORT TITLE; REFERENCES TO PPACA. (a) Short Title.--This Act may be cited as the ``Medicare Firewall Act of 2011''. (b) References.--In this Act, the term ``PPACA'' means the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). SEC. 2. DEFUNDING OF CERTAIN PPACA PROVISIONS TO RESTORE FUNDING TO MEDICARE TRUST FUNDS. (a) Defunding New Duties for Consensus-Based Entities and Multi- Stakeholder Group Input (Section 3014(c)).-- (1) In general.--Section 3014(c) of PPACA is amended-- (A) by striking ``through 2014'' and inserting ``through 2011''; and (B) by striking ``shall remain available until expended'' and inserting ``shall remain available through the date of the enactment of the Medicare Firewall Act of 2011''. (2) Restoration to medicare trust funds of unobligated amounts that were transferred.--Of the funds transferred under such section on or before the date of the enactment of this Act, the unobligated balance shall be transferred back into the Medicare Trust Fund or Funds from which it was transferred. (b) Defunding of Independence at Home Demonstration Program (Section 3024).-- (1) In general.--Subsection (h) of section 1866E of the Social Security Act (42 U.S.C. 1395cc-5), as inserted by section 3024 of PPACA, is amended-- (A) by striking ``2015'' and inserting ``2011''; and (B) by striking ``shall be available until expended'' and inserting ``shall be available through the date of the enactment of the Medicare Firewall Act of 2011''. (2) Restoration to medicare trust funds of unobligated amounts that were transferred.--Of the funds transferred under such section 1866D(h) on or before the date of the enactment of this Act, the unobligated balance shall be transferred back into the Medicare Trust Fund or Funds from which it was transferred. (c) Defunding Community-Based Care Transitions Program (Section 3026).-- (1) In general.--Section 3026(f) of PPACA is amended-- (A) by striking ```the period of fiscal years 2011 through 2015''' and inserting ``fiscal year 2011''; and (B) by striking ``shall remain available until expended'' and inserting ``shall remain available through the date of the enactment of the Medicare Firewall Act of 2011''. (2) Rescission of unobligated balance.--Of the funds transferred under such section on or before the date of the enactment of this Act, the unobligated balance shall be transferred back into the Medicare Trust Fund or Funds from which it was transferred. (d) Defunding Demonstration Project on Separate Payments for Complex Diagnostic Laboratory Tests (Section 3113).-- (1) In general.--Section 3113(b) of PPACA is amended by inserting after ``July 1, 2011'' the following: ``, except that the Secretary shall terminate such project as soon as possible after the date of the enactment of the Medicare Firewall Act of 2011.''. (2) Rescission of unobligated balance.--Of the payments made under such section on or before the date of the enactment of this Act, the unobligated balance shall be transferred back into the Medicare Trust Fund or Funds from which it was transferred. (e) Defunding Outreach and Assistance for Low-Income Programs (Section 3306).-- (1) In general.--Subsections (a)(1)(B), (b)(1)(B), (c)(1)(B), and (d)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of PPACA, are each amended-- (A) in clause (ii), by striking ``through 2012'' and inserting ``and 2011''; and (B) by striking ``shall remain available until expended'' and inserting ``shall remain available through the date of the enactment of the Medicare Firewall Act of 2011''. (2) Rescission of unobligated balance.--Of the amounts transferred under such subsections on or before the date of the enactment of this Act, the unobligated balances shall be transferred back into the Medicare Trust Fund or Funds from which it was transferred. (f) Defunding Independent Payment Advisory Board (IPAB) (Section 3403).-- (1) In general.--Section 1899A of the Social Security Act (42 U.S.C. 1395kkk), as added by section 3403(a)(1) of PPACA, is repealed. (2) Conforming amendments.-- (A) Section 1805(b) of such Act (42 U.S.C. 1395b- 6(b)) is amended by striking paragraph (4). (B) Section 207(c) of title 18, United States Code, is amended by striking paragraph (3). (C) Section 10320 of PPACA is amended by striking subsection (c). (g) Defunding Prevention and Wellness Evaluation (Section 4202(b)).-- (1) In general.--Section 4202(b)(4) of PPACA (42 U.S.C. 300u-14) is amended by striking ``shall remain available until expended'' and inserting ``shall remain available through the date of the enactment of the Medicare Firewall Act of 2011''. (2) Rescission of unobligated balance.--Of the amounts transferred under such section on or before the date of the enactment of this Act, the unobligated balance shall be transferred back into the Medicare Trust Fund or Funds from which it was transferred. (h) Defunding Pilot Program for Individuals Residing in Emergency Declaration Areas (Section 10323(b)).-- (1) In general.--Section 1881A(b)(7) of the Social Security Act (42 U.S.C. 1395rr-1(b)(7)), as inserted by section 10323(b) of PPACA, is amended by adding at the end the following: ``No such transfer shall be made after the date of the enactment of the Medicare Firewall Act of 2011.''. (2) Restoration of unobligated balance.--Of the amounts transferred under such section on or before the date of the enactment of this Act, the unobligated balance shall be transferred back into the Medicare Trust Fund or Funds from which it was transferred. SEC. 3. ACCOUNTABILITY FOR TRUST FUND DEMONSTRATION PROJECT EXPENDITURES. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report that describes covered demonstration projects and identifies those projects for which initial period of the project has-- (1) not demonstrated that the project has met the objectives specified for the project; or (2) resulted in net expenditures from the Medicare Trust Funds. (b) Plan for Termination or Modification.--For those covered demonstration projects identified under subsection (a), the Secretary shall include the report under such subsection a plan for the termination or modification of each such project. (c) Covered Demonstration Project.--In this section, the term ``covered demonstration project'' means a demonstration, pilot, or similar project undertaken with some or all funding from any of the Medicare Trust Funds.

Medicare Firewall Act of 2011 - Amends the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, to defund as of the end of FY2011: (1) the convening of multi-stakeholder groups for input into the selection of health care quality measures, (2) the Independence at Home Demonstration Program, (3) the Community-Based Care Transitions Program, (4) the demonstration project on separate payments under title XVIII (Medicare) of the Social Security Act for complex diagnostic laboratory tests, (5) outreach and assistance for specified state and local low-income programs, (6) the Independent Medicare Advisory Board, (7) evaluation of community-based prevention and wellness programs, and (8) the pilot program for care of certain individuals residing in emergency declaration areas. Restores to the Medicare Trust Funds unobligated amounts that were originally transferred from them for such programs and activities. Directs the Secretary of Health and Human Services (HHS) to report to Congress on demonstration, pilot, or similar projects undertaken with funding from any of the Medicare Trust Funds, especially those for which the initial period of the project has: (1) not demonstrated that the project has met its objectives, or (2) resulted in net expenditures from the Medicare Trust Funds. Requires the Secretary to include with this report a plan for termination or modification of each such project.

To firewall the Medicare Trusts Funds by restoring to those Trust Funds funds transferred by the Patient Protection and Affordable Care Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``African American Civil Rights Network Act of 2015''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the African American civil rights movement includes historic events, court decisions, and legislation, the goals of which were-- (A) to end segregation based upon race; (B) to end discrimination against African Americans; and (C) to ensure that African American citizens could exercise their basic constitutional rights, including the right to vote; (2) the civil rights movement-- (A) helped bridge the divides of race, religion, sectional differences, and nationality; (B) spanned State lines; and (C) joined the ideals of liberty and freedom expressed in the Declaration of Independence, the Constitution, and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) to the extraordinary actions of ordinary men and women working in common purpose for equal rights; (3) the National Park Service and Organization of American Historians conducted a theme study that identified and interpreted sites related to the Civil Rights movement (Public Law 106-113, Appendix C, ``The National Park System New Area of Study Act of 2000'' [s. 1349]); (4) in conducting the theme study referred to in paragraph (3), the National Park Service and the Organization of American Historians found that-- (A) although many sites relating to the African American civil rights movement have been identified and recognized in existing National Park System units-- (i) a number of sites relating to the African American civil rights movement have not been recognized; (ii) many sites relating to the African American civil rights movement are in imminent danger of being lost or destroyed; and (iii) many important resource types relating to the African American civil rights movement are not adequately represented and protected; (B) there are many important sites relating to the African American civil rights movement that have high potential for preservation and visitor use in a number of States, the District of Columbia, and territories of the United States; (C) no single site completely reflects and characterizes the African American civil rights movement, since the story of, and resources associated with, the African American civil rights movement involve networks, regions, and territories of the United States rather than individual sites; and (D) the establishment of a variety of partnerships among the Federal Government, State, and units of local government, and the private sector would be most appropriate for the protection, restoration, and interpretation of the African American Civil Rights Network; (5) the National Park Service can play a vital role in facilitating the creation and sustained success of the African American Civil Rights Network; and (6) the story and significance of the African American civil rights movement can best engage the people of the United States through a national program of the National Park Service that links, in a unified and flexible manner-- (A) historic buildings, structures, and sites relating to the African American civil rights movement; (B) geographic areas relating to the African American civil rights movement; (C) interpretive centers, museums, and institutions relating to the African American civil rights movement; and (D) programs, activities, community projects, exhibits, and multimedia materials relating to the African American civil rights movement. (b) Purposes.--The purposes of this Act are-- (1) to recognize-- (A) the importance of the African American civil rights movement; and (B) the sacrifices made by the people who fought against discrimination and segregation; and (2) to authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret-- (A) the history of the African American civil rights movement; (B) the significance of the civil rights movement as a crucial element in the evolution of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.); and (C) the relevance of the African American civil rights movement in fostering the spirit of social justice and national reconciliation. SEC. 3. U.S. CIVIL RIGHTS NETWORK PROGRAM. (a) In General.--Subdivision 1 of Division B of subtitle III of title 54, United States Code, is amended by inserting after chapter 3083 the following: ``CHAPTER 3084--U.S. CIVIL RIGHTS NETWORK ``Sec. 308401. Definition of network ``In this chapter, the term `Network' means the African American Civil Rights Network established under section 308402(a). ``Sec. 308402. U.S. Civil Rights Network ``(a) In General.--The Secretary shall establish, within the Service, a program to be known as the `U.S. Civil Rights Network'. ``(b) Duties of Secretary.--In carrying out the Network, the Secretary shall-- ``(1) review studies and reports to complement and not duplicate studies of the historical importance of the African American civil rights movement that may be underway or completed, such as the Civil Rights Framework Study; ``(2) produce and disseminate appropriate educational materials relating to the African American civil rights movement, such as handbooks, maps, interpretive guides, or electronic information; ``(3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and ``(4)(A) create and adopt an official, uniform symbol or device for the Network; and ``(B) issue regulations for the use of the symbol or device adopted under subparagraph (A). ``(c) Elements.--The Network shall encompass the following elements: ``(1) All units and programs of the Service that are determined by the Secretary to relate to the African American civil rights movement during the period from 1939 through 1968. ``(2) Other Federal, State, local, and privately owned properties that-- ``(A) relate to the African American civil rights movement; ``(B) have a verifiable connection to the African American civil rights movement; and ``(C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places. ``(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the African American civil rights movement. ``Sec. 308403. Cooperative agreements and memoranda of understanding ``To achieve the purposes of this chapter and to ensure effective coordination of the Federal and non-Federal elements of the Network described in section 308402(c) with System units and programs of the Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to the heads of other Federal agencies, States, units of local government, regional governmental bodies, and private entities.''. (b) Clerical Amendment.--The table of chapters for title 54, United States Code, is amended by inserting after the item relating to chapter 3083 the following: ``3084. U.S. Civil Rights Network.''.

African American Civil Rights Network Act of 2015 This bill requires the Department of the Interior to establish within the National Park Service (NPS) a U.S. Civil Rights Network that encompasses: (1) all NPS units and programs that relate to the African American civil rights movement during the period from 1939 through 1968; (2) other federal, state, local, and privately owned properties that relate to the African American civil rights movement and that are included in, or eligible for, the National Register of Historic Places; and (3) other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to such movement. In carrying out the Network, Interior must: (1) review civil rights movement studies and reports that may already be underway or completed, such as the Civil Rights Framework Study; (2) produce and disseminate educational materials, such as handbooks, maps, interpretive guides, or electronic information; (3) provide technical assistance; and (4) adopt an official, uniform symbol or device for the Network and issue regulations for the symbol's use.

African American Civil Rights Network Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Amendment Preservation Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) a number of State and local governments have commenced civil actions, or are considering commencing civil actions, against manufacturers, importers, and dealers of firearms based on the unlawful use of the firearms by a purchaser or other person; (2) in at least some cases, the intent in bringing the action is to subject manufacturers, importers, and dealers to legal costs that are so onerous that the manufacturers, importers, and dealers may not be able to defend themselves, or indeed be able to remain in business; (3) a majority of manufacturers, importers, and dealers of firearms are small, privately owned businesses that cannot afford to bear the legal costs of defending themselves in a large number of judicial forums; (4) compared to most manufacturers, importers, and dealers of firearms, States and local governments are large and relatively wealthy entities that are able to spend large amounts of taxpayers' dollars on a war of attrition with small businesses; (5) fairness requires that-- (A) a unit of government that undertakes an unsuccessful ``fishing expedition'' against a firearm manufacturer, importer, or dealer bear the cost of defending against its frivolous and unwarranted civil action; and (B) taxpayers not be required to pay millions of dollars to wealthy attorneys, out of awards that are intended, at least in part, to benefit the victims of crime; (6) the Second Amendment to the Constitution requires that Congress respond to actions that are intended to, and that would have the effect of, nullifying that provision of the Bill of Rights; (7) Congress has power under the Second Amendment and under the Commerce Clause to take appropriate action to protect the right of citizens to obtain and own firearms; and (8) one appropriate action that Congress may take is to provide protection from excessive and unwarranted legal fees. SEC. 3. RULES GOVERNING ACTIONS BROUGHT TO CURTAIL THE SALE OR AVAILABILITY OF FIREARMS FOR LEGAL PURPOSES. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 926B. Rules governing actions brought to curtail the sale or availability of firearms for legal purposes ``(a) Definitions.--In this section, the term `action brought to curtail the sale or availability of firearms for legal purposes' means a civil action brought in Federal or State court that-- ``(1) has as a defendant a firearms manufacturer, importer, or dealer in firearms; ``(2) expressly or by implication requests actual damages, punitive damages, or any other form of damages in excess of the lesser of-- ``(A) $1,000,000; or ``(B) 50 percent of the net assets of any such defendant; and ``(3) seeks, in whole or in part, to hold a firearms manufacturer, importer, or dealer liable for damages caused by the unlawful or tortious use of a firearm by a person not employed by or affiliated with the manufacturer, dealer, or importer. ``(b) Limitation on Attorney's Fees Awarded to Plaintiff.--In a civil action brought to curtail the sale or availability of firearms for legal purposes, notwithstanding any other provision of law or any agreement between any persons to the contrary, amounts paid in plaintiff's attorney's fees in connection with the settlement or adjudication of the action shall not exceed the lesser of-- ``(1) an amount equal to $150 per hour for each hour spent productively, plus actual expenses incurred by the attorney in connection with the action; or ``(2) an amount equal to 10 percent of the amount that the plaintiff receives under the action. ``(c) Attorney's Fees for the Defendant.--In a civil action brought to curtail the sale or availability of firearms for legal purposes, if the court finds that the defendant is not wholly or primarily liable for the damages sought, the court shall require the plaintiff to reimburse the defendant for reasonable attorney's fees and court costs, as determined by the court, incurred in litigating the action, unless the court finds that special circumstances make such a reimbursement unjust. ``(d) Power of Congress.--If any court renders a decision in an action brought to curtail the sale or availability of firearms for legal purposes or in any other proceeding that the Constitution does not confer on Congress the power to enact this section, the decision shall be directly appealable as of right to the Supreme Court.''. (b) Conforming Amendment.--The analysis for chapter 44 of title 18 is amended by inserting after the item relating to section 926A the following: ``926B. Rules governing actions brought to curtail the sale or availability of firearms for legal purposes.''. (c) Effective Date.--The amendment made by subsection (a)-- (1) takes effect on the date of enactment of this Act; and (2) applies to any action pending or on appeal on that date or brought after that date.

Second Amendment Preservation Act of 2002 - Amends the Federal criminal code to: (1) limit the plaintiff's attorney fees in connection with the settlement or adjudication of a civil action brought to curtail the sale or availability of firearms for legal purposes to the lesser of $150 per hour plus actual expenses or ten percent of the amount that the plaintiff receives; and (2) require the plaintiff to reimburse the defendant for reasonable attorney's fees and court costs if the court finds that the defendant is not wholly or primarily liable, unless special circumstances make such reimbursement unjust.Defines such action as one brought against a firearms manufacturer, importer, or dealer seeking damages in excess of $1 million or 50 percent of the defendant's net assets and seeking to hold such defendant liable for damages caused by the unlawful or tortious use of a firearm by a person not employed by or affiliated with the defendant.Makes any court decision that the Constitution does not confer on Congress the power to enact this Act directly appealable to the Supreme Court.

A bill to amend title 18, United States Code, to protect citizens' rights under the Second Amendment to obtain firearms for legal use, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``To Encourage Alternatively fueled vehicle Manufacturing up for Energy Independence Act of 2006'' or the ``TEAM up for Energy Independence Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Climate change threatens the security and stability of our planet. The temperature of the Earth is increasing at a rate unseen in modern times. The rate of warming has been nearly 3 times the century-long average since 1970. (2) Climate forecasters predict that if greenhouse gases continue to accumulate in the atmosphere at the current rate, temperatures will rise dramatically, weather patterns sharply shift, ice sheets shrink, and sea levels will rise. (3) Climate scientists agree that human activities are the driving force behind the rise in global temperatures. Smokestacks and automobile emissions have been primary contributors of carbon dioxide and other heat-trapping gases that significantly contribute to the warming trend. (4) In addition to the alarming data about climate change, rising gas prices and instability in oil producing regions have reinforced the need for the United States to secure our energy independence, and make progress by developing and distributing alternatively fueled vehicles. (5) Alternative fueled cars can lessen the impact of climate change, and help provide for the stability and safety of the world. (6) Biodiesel helps to provide hope that our country can achieve sustainable energy independence and combat the effects of global warming. (7) Vehicles which utilize E-85 ethanol fuel could reduce our usage of petroleum fuels by up to 40 percent. (8) Currently, there are just 6,000,000 E-85 capable vehicles on United States roads, compared to approximately 230,000,000 gasoline and diesel fueled vehicles. (9) Just 556 fueling stations in the United States currently provide E-85 fuel, accounting for less than one percent of fueling stations. Only 450 retail pumps currently provide consumers with biodiesel fuel. (10) Congress must do more to make alternative fueled vehicles practical and accessible to everyone. SEC. 3. EXCISE TAX ON AUTOMOBILES SOLD IN UNITED STATES THAT ARE NOT ALTERNATIVE FUELED AUTOMOBILES. (a) In General.--Part I of subchapter A of chapter 32 of the Internal Revenue Code of 1986 is amended by inserting before section 4064 the following new section: ``SEC. 4061. AUTOMOBILES THAT ARE NOT ALTERNATIVE FUELED AUTOMOBILES. ``(a) Tax Imposed.-- ``(1) In general.--There is hereby imposed on the 1st retail sale of each passenger automobile sold by the manufacturer, producer, or importer thereof a tax in the amount of the applicable percentage of the price for which so sold. ``(2) Exception for alternative fueled automobiles.-- Paragraph (1) shall not apply to any alternative fueled automobile. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ------------------------------------------------------------------------ The applicable ``Passenger automobiles sold in calendar year: percentage is: ------------------------------------------------------------------------ 2007...................................................... 5 percent. 2008...................................................... 10 percent. 2009...................................................... 20 percent. 2010...................................................... 40 percent. 2011 or thereafter........................................ 80 percent. ------------------------------------------------------------------------ ``(c) Definitions.--For purposes of subsection (a)-- ``(1) Passenger automobile.--The term `passenger automobile' has the meaning given such term by section 32901(a)(16) of title 49, United States Code, except that such term includes in the case of each automobile parts or accessories therefor sold on or in connection therewith or with the sale thereof. ``(2) Alternative fueled automobile.--The term `alternative fueled automobile' means an alternative fueled automobile, as defined by section 32901(a)(2) of title 49, United States Code, that uses a fuel that has greenhouse gas emissions less than 80 percent of those from petroleum-derived transportation fuel, calculated over the full fuel cycle (as weighted by global warming potential and using the emissions per kilowatt-hour from a natural gas combined cycle power plant as the basis for crediting any electricity co-produced with the transportation fuel). ``(3) Application of section 32901 of title 49.--Section 32901(a) of title 49, United States Code, shall be applied-- ``(A) in paragraph (3)-- ``(i) by substituting `10,000 pounds' for `6,000 pounds' in subparagraph (A) thereof, and ``(ii) without regard to subparagraph (B) thereof, and ``(B) in paragraph (16)(B) by substituting `10,000 pounds' for `6,000 pounds'.''. (b) Conforming Amendments.-- (1) The heading for part I of subchapter A of chapter 32 of such Code is amended to read as follows: ``PART I--NON-ALTERNATIVE FUEL VEHICLES AND GAS GUZZLERS''. (2) The item in the table of parts for subchapter A of chapter 32 of such Code relating to part I is amended to read as follows: ``Part I. Non-Alternative Fuel Vehicles and Gas Guzzlers.''. (3) The table of sections for part I of subchapter A of chapter 32 of such Code is amended to read as follows: ``Sec. 4061. Automobiles that are not alternative fueled automobiles.''. (c) Effective Date.--The amendments made by this section shall apply to automobiles sold after December 31, 2006. SEC. 4. USE OF FUNDS FROM TAX. (a) Refueling Infrastructure Grants.--The Secretary of Energy shall obligate such sums as are available in the trust fund to make grants to fueling stations owned by entities which own or control 10 or fewer such businesses for alternative fuel refueling infrastructure projects, including new dispensing facilities and additional equipment or upgrades and improvements to existing refueling sites for alternative fuel vehicles. (b) Trust Fund.-- (1) Establishment.--There is established in the Treasury of the United States a trust fund. The trust fund shall consist of such amounts as are deposited into the trust fund under paragraph (2) and any interest earned on investment of amounts in the trust fund, and may be used only for the purposes described in subsection (a). (2) Source of funds.--The Secretary of the Treasury shall deposit into the trust fund all amounts collected pursuant to the tax imposed under section 4061 of the Internal Revenue Code of 1986, as added by section 2 of this Act. (c) Definitions.--For purposes of this section-- (1) the term ``alternative fuel'' means an alternative fuel, as defined in section 301(2) of the Energy Policy Act of 1992 (42 U.S.C. 13211(2)) that has greenhouse gas emissions less than 80 percent of those from petroleum-derived transportation fuel, calculated over the full fuel cycle (as weighted by global warming potential and using the emissions per kilowatt-hour from a natural gas combined cycle power plant as the basis for crediting any electricity co-produced with the transportation fuel); (2) the term ``E-85 fuel'' means a transportation fuel consisting of 85 percent ethanol and gasoline; and (3) the term ``trust fund'' means the trust fund established under subsection (b). SEC. 5. INFORMATION DISCLOSURE RELATED TO ALTERNATIVE FUELED AUTOMOBILES. Section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232) is amended by redesignating subsections (b) through (h) as subsections (c) through (i), respectively, and inserting after subsection (a) the following: ``(b) whether such automobile is an alternative fueled automobile (as defined in section 32901(a)(2) of title 49, United States Code) and the type or types of fuel on which the automobile is capable of operating;''.

To Encourage Alternatively fueled vehicle Manufacturing up for Energy Independence Act of 2006 or the TEAM up for Energy Independence Act - Amends the Internal Revenue Code to impose an excise tax on the first retail sale of each passenger automobile sold by manufacturers, producers, or importers. Exempts alternative fueled automobiles from such tax. Amends federal transportation law to revise the definitons of "automobile" and "passenger automobile" to increase the gross vehicle weight limit from 6,000 to 10,000 pounds. Directs the Secretary of Energy to make grants for alternative fuel refueling infrastructure projects from a trust fund into which revenues from the excise tax on passenger automobiles shall be deposited. Amends the Automobile Information Disclosure Act to require labeling for new automobiles to indicate: (1) whether a new automobile is an alternative fueled automobile; and (2) the types of fuel on which such automobile can operate.

To amend the Internal Revenue Code of 1986 to impose an excise tax on automobiles sold in the United States that are not alternative fueled automobiles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transition-to-Success Mentoring Act''. SEC. 2. TRANSITION-TO-SUCCESS MENTORING PROGRAM. (a) Authorization of Appropriations.--Section 1803 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6553) is amended to read as follows: ``There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 2012 and such sums as may be necessary for each succeeding fiscal year.''. (b) Transition-to-Success Mentoring Program.--Part H of title I of such Act (20 U.S.C. 6551 et seq.) is amended by adding at the end the following: ``Subpart 3--Transition-to-Success Mentoring Program ``SEC. 1831. TRANSITION-TO-SUCCESS MENTORING PROGRAM. ``(a) In General.--From the amounts appropriated to carry out this section, the Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. ``(b) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Uses of Funds.-- ``(1) Required uses of funds.--An eligible entity that receives a grant under this section shall use the grant funds to establish a mentoring program, or expand or support an existing mentoring program, in all middle schools served by the entity, under which each eligible student enrolled in such schools is assigned to a success coach who-- ``(A) creates a plan for success for the student that-- ``(i) is reviewed with the student and teachers and parents of the student; ``(ii) includes, for each academic year, the student's academic, personal, and career exploration goals, and a strategy on how to accomplish such goals; and ``(iii) identifies the student's strengths, weaknesses, and academic progress; ``(B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; ``(C) meets with the student at least once per month to-- ``(i) assist the student in achieving the goals under the plan for success; ``(ii) identify the student's academic areas of weaknesses, provide the student with the tools necessary to develop the student's potential for academic excellence, and ensure the student's successful transition from middle school to high school; and ``(iii) in the case of a student with behavioral issues, assist the student in behavior management techniques; ``(D) at least quarterly, meets with the student and the parents, teachers, or counselors of the student to-- ``(i) evaluate the student's progress in achieving the goals under the plan for the current academic year; and ``(ii) revise or establish new goals for the next academic year; and ``(E) serves as the student's advocate between the teachers and parents of the student to ensure that the teachers and parents understand the student's plan. ``(2) Authorized uses of funds.--An eligible entity that receives a grant under this section may use such funds to-- ``(A) develop and carry out a training program for success coaches; and ``(B) cover the cost of any materials used by success coaches under the mentoring program. ``(d) Grant Duration.--A grant under this section shall be awarded for a period of 5 years. ``(e) Reporting Requirements.-- ``(1) Eligible entities.--An eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes-- ``(A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; ``(B) data on the academic achievement of such students; ``(C) the number of contact hours between such students and their success coaches; and ``(D) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. ``(2) Secretary.-- ``(A) Interim report.--At the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). ``(B) Final report.--At the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). ``(f) Definitions.--In this section: ``(1) At-risk student.--The term `at-risk student' means a student who has been identified as a student who has below a 2.0 grade point average or the equivalent and who may-- ``(A) be at-risk of academic failure; ``(B) be dropping out of school; ``(C) have a drug or alcohol problem; ``(D) be pregnant or a parent; ``(E) have come into contact with the juvenile justice system in the past; ``(F) have limited English proficiency; ``(G) be a gang member; ``(H) have dropped out of school in the past; or ``(I) have a high absenteeism rate at school. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency that-- ``(i) receives, or is eligible to receive, funds under part A of title I; or ``(ii) is a high-need local educational agency; or ``(B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. ``(3) Eligible student.--The term `eligible student' means a student who-- ``(A) is enrolled in a middle school served by an eligible entity; and ``(B) is an at-risk student. ``(4) High-need local educational agency.--The term `high- need local educational agency' has the meaning given to the term in section 2102(3)(A). ``(5) Middle school.--The term `middle school' means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9. ``(6) School-based mentoring.--The term `school-based mentoring' refers to mentoring activities that-- ``(A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and ``(B) assist at-risk students in improving academic achievement, reducing disciplinary referrals, and increasing positive regard for school. ``(7) Success coach.--The term `success coach' means an individual who-- ``(A) is-- ``(i) an employee of a local educational agency in which a mentoring program receiving support under this section is being carried out; or ``(ii) a volunteer from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and ``(B) prior to becoming a success coach-- ``(i) received training and support in mentoring from an eligible entity; and ``(ii) underwent a screening by an eligible entity that included-- ``(I) appropriate job reference checks; ``(II) child and domestic abuse record checks; and ``(III) criminal background checks.''.

Transition-to-Success Mentoring Act - Amends title I of the Elementary and Secondary Education Act of 1965 (ESEA) to reauthorize appropriations under part H (School Dropout Prevention). Establishes a transition-to-success mentoring program under part H of the ESEA requiring the Secretary of Education to award five-year grants to local educational agencies (LEAs) or partnerships between LEAs and community-based nonprofit organizations to establish, expand, or support school-based mentoring programs to assist at-risk students in transitioning from middle to high school. Requires grantees to assign to each at-risk student in his or her middle school a success coach who: (1) creates a plan of success for the student; (2) enters into an agreement with the student's parents regarding their role in implementing such plan; (3) meets with the student at least once a month to assess and assist the student's progress; (4) meets at least quarterly with the student and the student's parents, teachers, or counselors to evaluate the student's progress and revise or establish new goals for the next academic year; and (5) serves as the student's advocate between the student's parents and teachers. Authorizes the use of grant funds to train success coaches and cover the cost of any materials they use under the mentoring program.

To amend the Elementary and Secondary Education Act of 1965 to award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk middle school students with the transition from middle school to high school.

SECTION 1. LONG-TERM CARE TAX CREDIT. (a) Allowance of Credit.-- (1) In general.--Section 24(a) of the Internal Revenue Code of 1986 (relating to allowance of child tax credit) is amended to read as follows: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $500 multiplied by the number of qualifying children of the taxpayer, plus ``(2) $3,000 multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year.''. (2) Additional credit for taxpayer with 3 or more separate credit amounts.--So much of section 24(d) of such Code as precedes paragraph (1)(A) thereof is amended to read as follows: ``(d) Additional Credit for Taxpayers With 3 or More Separate Credit Amounts.-- ``(1) In general.--If the sum of the number of qualifying children of the taxpayer and the number of applicable individuals with respect to which the taxpayer is an eligible caregiver is 3 or more for any taxable year, the aggregate credits allowed under subpart C shall be increased by the lesser of--''. (3) Conforming amendments.-- (A) The heading for section 32(n) of such Code is amended by striking ``Child'' and inserting ``Family Care''. (B) The heading for section 24 of such Code is amended to read as follows: ``SEC. 24. FAMILY CARE CREDIT.''. (C) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 24 and inserting the following new item: ``Sec. 24. Family care credit.''. (b) Definitions.--Section 24(c) of the Internal Revenue Code of 1986 (defining qualifying child) is amended to read as follows: ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.-- ``(A) In general.--The term `qualifying child' means any individual if-- ``(i) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, ``(ii) such individual has not attained the age of 17 as of the close of the calendar year in which the taxable year of the taxpayer begins, and ``(iii) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). ``(B) Exception for certain noncitizens.--The term `qualifying child' shall not include any individual who would not be a dependent if the first sentence of section 152(b)(3) were applied without regard to all that follows `resident of the United States'. ``(2) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(ii) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(iii) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(3) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if section 151(c)(1)(A) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. ``(v) An individual who would be described in clause (iii) for the taxable year if-- ``(I) the requirements of clause (iv) are met with respect to the individual, and ``(II) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(a). ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)).''. (c) Identification Requirements.-- (1) In general.--Section 24(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year.''. (2) Assessment.--Section 6213(g)(2)(I) of such Code is amended-- (A) by inserting ``or physician identification'' after ``correct TIN'', and (B) by striking ``child'' and inserting ``family care''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to revise and rename section 24 (Child Tax Credit) as the Family Care Credit. Includes, in addition to the $500 per child credit, a $3,000 credit per qualifying individual requiring specified long-term care.

A bill to amend the Internal Revenue Code of 1986 to allow a tax credit for long-term care givers.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The United States lags behind many of the other industrialized nations in understanding the relationship of design principles to the conceptualization and development of high quality products and systems and to research and design methodologies. (2) Innovative and excellent design is critical to the successful development, manufacturing, and marketing of products and systems. (3) Since 70 percent or more of the costs of product, process, and system development, manufacture, and use is determined during the initial design stage, design must be a critical factor from the beginning of product development. (4) A strong domestic design engineering capability can reduce costs and enhance competitiveness. (5) Excellence in design, including integrating environmental objectives at the beginning of the production process, improves the quality of life by creating useful, safe, and attractive products and systems and by conserving nonrenewable resources through the efficient use of materials and the reduction of the generation of waste. (6) Information technologies and concurrent engineering processes can aid the concurrent design process. Information technologies can also provide links among different industry sectors. (7) Greater efforts should be made to exhibit and promote, both domestically and internationally, well-designed United States products and systems. (8) The United States, unlike many of its foreign economic competitors, lacks a national strategy to promote and recognize design excellence in its products and systems. (9) Excellence in design can be enhanced through a combination of efforts of the private and public sectors. (10) A national design program to promote excellence in the design of United States products and systems can enhance the competitiveness of United States products and systems and expand trade and economic opportunities for the people of the United States. (b) Purposes.--It is the purpose of this Act-- (1) to establish a United States Design Council as an advisory committee within the Department of Commerce; (2) to educate United States businesses with respect to the importance of innovation and excellence in design to competitiveness; (3) to promote programs of research, development, and technology transfer related to promoting understanding of the principles and processes of design and design engineering; and (4) to assist government agencies in developing and encouraging innovation and excellence in design in their own facilities and programs and by suppliers of products and systems. SEC. 2. DESIGN COUNCIL. (a) Establishment.-- (1) In general.--There is established a United States Design Council (hereinafter in this Act referred to as the ``Council'') as an advisory committee within the Department of Commerce to advise the Secretary of Commerce on matters related to design. The Council shall be composed of 17 members appointed by the Secretary of Commerce as follows: (A) 2 members who are employed as business executives in the fields of product development, manufacturing, and systems development. (B) 2 members who are industrial designers. (C) 4 members who have expertise in information technologies, concurrent engineering, or environmental engineering. (D) 2 members who are architects. (E) 2 members who are graphic designers. (F) 3 members who are employees of Federal agencies which have a specialized interest in innovation and excellence in design. (G) 2 members who are representatives of labor organizations. (2) Understanding of united states economy.--All members of the Council shall be individuals who have a broad understanding of the United States economy and the international competitive position of the United States. (3) Recommendations for appointments.--In making appointments under this Act, the Secretary of Commerce shall consider recommendations made by appropriate professional and trade associations, and by any other persons concerned with the innovative and excellent design of products and systems. (4) Terms.-- (A) In general.--Except as provided in subparagraphs (B) and (C), each member of the Council shall be appointed for a term of three years. (B) Original appointments.--Of the members originally appointed under this subsection, five members shall be appointed for a term of one year and five members shall be appointed for a term of two years, as designated by the Secretary of Commerce at the time of appointment. (C) Other terms.--A member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of such member was appointed. A member may serve after the expiration of the member's term until a successor has taken office. (5) Vacancies.--A vacancy in the Council shall not affect the powers of the Council and shall be filled in the same manner in which the original appointment was made. No member shall be eligible for reappointment during the one-year period following the expiration of the member's term unless such member served on the Council for less than one year. (6) Chairperson.--The Secretary of Commerce shall designate one member of the Council as Chairperson. (7) Vice chairperson.--The Council shall elect one of its members to serve as Vice Chairperson. (8) Prohibition on compensation.-- (A) In general.--Except as provided in subparagraph (B), members of the Council shall serve on the Council without pay. (B) Travel expenses.--Each member of the Council shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (9) Meetings.--The Council shall meet not less than twice a year. The Council shall meet at the call of the Chairperson or a majority of its members. (b) Advice and Recommendations.--The Council shall provide advice and recommendations to the Secretary of Commerce on the performance by the Secretary of the following functions: (1) To support, as appropriate, private-sector efforts for the development of voluntary standards for innovation, appropriateness, and excellence in the design of products and systems. (2) To provide information to United States businesses on the use of design in the strategic planning process and in promoting their competitiveness. (3) To plan and implement programs which will educate United States businesses and the public with respect to the value of innovation and excellence in design and to encourage such businesses to promote such value in the design and creation of products and systems. (4) To consult and, to the extent practicable, coordinate its activities with each Federal agency that is concerned with the design of products, processes, and systems. (5) To develop a repository of information on aspects of design in manufacturing and economic development, and to make the information available for use by the public. (6) To devise and propose mechanisms by which the design activities of each Federal agency referred to in this Act is made known to, and coordinated with, the activities of each other such Federal agency in a manner that will contribute to the carrying out of this Act. (7) To acquaint the public with the possibility of careers in design. (8) To encourage educational institutions to adopt courses in design and in research related to design, and to include materials related to the appreciation of design in various courses of instruction. (9) To cooperate, to the extent practicable, with State and local governments, international organizations, and private agencies concerned with innovation and excellence in the design of products and systems. (c) Powers.-- (1) In general.--The Council may prescribe such rules as may be necessary to carry out its functions under this Act. (2) Information.--The Council may secure directly from a Federal agency such information as the Council may require to carry out its functions under this Act. Upon request of the Chairperson or Vice Chairperson of the Council, the head of the Federal agency shall furnish the information to the Council. (3) Advisory committees.--The Council may appoint advisory committees to assist the Council in carrying out its functions under this Act. A member of an advisory committee under this paragraph may not receive compensation for the member's service on the advisory committee. (4) Mail.--The Council may use the United States mails in the same manner and upon the same conditions as any other Federal agency. (d) Director; Staff, Experts and Consultants.-- (1) Director.--The Council shall have a Director who shall be appointed by the Secretary of Commerce and who shall be paid at a rate not to exceed the rate of basic pay payable for grade 15 of the General Schedule set forth in title 5, United States Code. (2) Staff.--The Council may appoint and fix the pay of any staff in addition to the Director that the Council considers necessary to carry out this Act. (3) Applicability of civil service laws.--The staff of the Council shall be appointed subject to the provisions of title 5, United States Code, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (4) Experts and consultants.--With the approval of the Council, the Director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. (5) Other assistance.--As permitted by law and as necessary to carry out this Act, the Department of Commerce shall provide to the Council any staff, available information, and other assistance required by the Council to perform its functions under this Act. (e) Consultation and Coordination.--In providing advice and recommendations to the Secretary of Commerce under this Act, the Council may-- (1) consult with, and take into account the interests and views of, representatives of United States commerce and industry (including small businesses, science organizations, industrial design organizations, engineering organizations, and labor organizations), educational institutions, consumers, other Federal agencies, State and local governments, nationally recognized organizations that develop and coordinate standards, and any other persons the Council considers appropriate; (2) take into account relevant, ongoing activities in the private and public sectors to avoid the unnecessary duplication of such activities; (3) provide for appropriate procedures pursuant to which persons may, under the auspices of the Council, formulate, recommend, or suggest to the Council specific programs for coordinating innovation and excellence in design in each industry or segment thereof; (4) publicize in an appropriate manner programs and standards proposed under this Act and provide an opportunity for interested persons to submit comments on the programs and standards; (5) consult and cooperate with organizations and persons in the United States who are working to gain international recognition for design as a competitive advantage; and (6) make recommendations to the Congress and the Secretary of Commerce with respect to design issues, including-- (A) the impact of design on workers and on different occupations and industries; (B) the value to consumers of innovation and excellence in design; (C) the impact of design on society and the economy; (D) the effects of design on small businesses; (E) the impact of design on the international competitiveness of the United States; and (F) the appropriateness of, and methods for, using procurement by the Federal Government as a means to effect innovation and excellence in design. (f) Annual Report.--Each year, the Council shall submit to the Secretary of Commerce and to the Congress a report that summarizes the activities of the Council during the year preceding the year in which the report is submitted. The report shall include any recommendations the Council considers appropriate.

Establishes a United States Design Council as an advisory committee within the Department of Commerce to promote excellence and innovation in the design of U.S. products and systems in order to enhance U.S. competitiveness, trade, and economic opportunities.

To establish a United States Design Council as an advisory committee within the Department of Commerce to promote understanding of the importance of design in the development of products and systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security Search Accountability Act of 2008''. SEC. 2. RULE WITH RESPECT TO BORDER SECURITY SEARCHES OF ELECTRONIC DEVICES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Commissioner of United States Customs and Border Protection, in coordination with the Assistant Secretary of Homeland Security for United States Immigration and Customs Enforcement and the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142), shall issue a rule with respect to the scope of and procedural and recordkeeping requirements associated with border security searches of electronic devices. (b) Content.--The rule issued pursuant to subsection (a) shall include the following: (1) A requirement that information collected during a border security search of an electronic device that is determined to be commercial information, including trade secrets, information subject to attorney-client privilege, information subject to doctor-patient privilege, or information subject to another privilege or protection shall be handled consistent with the laws, rules, and regulations governing such information and shall not be shared with a Federal, State, local, tribal, or foreign agency unless it is determined that such agency has the mechanisms in place to comply with such laws, rules, and regulations. (2) A requirement that authorized agents, to the greatest extent practicable, conduct all border security searches of electronic devices in the presence of a supervisor and, where appropriate, in the presence of the individuals whose electronic devices are subject to such searches. (3) A determination of the number of days that an electronic device subjected to a border security search or the information collected from such device may be retained, unless probable cause exists, that prohibits retention exceeding the period necessary to translate, decrypt, or reasonably search such device or information and that requires such information to be destroyed if in the custody of an authorized agent after such number of days. (4) A requirement that if information collected from an electronic device subjected to a border security search is copied, shared, retained, or entered into an electronic database, the individual from whose electronic device such information is collected shall receive written notification of such copying, sharing, retention, or entry unless such notification would hinder an investigation involving national security or would meet another criteria established by the Secretary in the rule. (5) A requirement that an individual subjected to a border security search of an electronic device shall receive a receipt for such device if such device is removed from the possession of such individual. (6) A requirement that an individual subjected to a border security search of an electronic device shall receive notice of how to report abuses or concerns and how to seek redress from the Department of Homeland Security. (7) A requirement that information on the rights of individuals with respect to border security searches and Department of Homeland Security redress procedures shall be posted at all ports of entry in locations that are likely to be viewed by individuals subject to border security searches. (8) A privacy impact assessment of the rule, as prepared by the senior official appointed pursuant to section 222 of the Homeland Security Act of 2002, that includes recommendations with respect to the copying, sharing, retention, and entry into an electronic database of personally identifiable information collected from electronic devices subjected to a border security search. (9) A civil liberties impact assessment of the rule, as prepared by the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security. SEC. 3. TRAINING AND AUDITING WITH RESPECT TO THE RULE. (a) Training.--The Secretary shall provide each authorized agent with appropriate training to conduct border security searches of electronic devices in accordance with the rule issued pursuant to section 2. The training shall include instruction on constitutional, privacy, civil rights, and civil liberties issues related to such searches. (b) Auditing.--The Secretary, acting through the Inspector General of the Department of Homeland Security, shall develop and annually administer an auditing mechanism to review whether authorized agents are conducting border security searches of electronic devices in accordance with the rule issued pursuant to section 2. SEC. 4. REPORT. Not later than 180 days after the effective date of the rule issued pursuant to section 2, and quarterly thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives a report that shall include the following: (1) A description of the activities of authorized agents with respect to border security searches of electronic devices. (2) A description of the manner in which the Department of Homeland Security has complied with this Act. (3) The number, by port of entry, of border security searches of electronic devices conducted during the reporting period. (4) The number, by port of entry, of instances during the reporting period that information from an electronic device subjected to a border security search was retained, copied, shared, or entered in an electronic database, including the number of electronic devices retained as the result of a border security search. (5) The race, ethnicity, national origin, and citizenship of each individual whose electronic device was subjected to a border security search during the reporting period, to determine the existence or absence of racial profiling. (6) The number of instances during the reporting period that information collected from an electronic device subjected to a border security search was referred to a law enforcement or intelligence agency for further action, including whether such information resulted in a prosecution or conviction. SEC. 5. DEFINITIONS. In this Act, the following definitions apply: (1) Authorized agent.--The term ``authorized agent'' means an agent, officer, or official of United States Customs and Border Protection, United States Immigration and Customs Enforcement, or any other office or agency of the Department of Homeland Security who is authorized to conduct a border security search. (2) Border security search.--The term ``border security search'' means a search by an authorized agent of persons, baggage, or cargo entering, departing, or passing through the United States through any port of entry. (3) Electronic device.--The term ``electronic device'' means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, such as a computer, a cellular telephone, or any other device used for electronic communication or for storing electronic, digital or analog data, and which includes any data storage facility or communications facility directly related to or operating in conjunction with such device. (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

Border Security Search Accountability Act of 2008 - Directs the Secretary of Homeland Security to: (1) issue a rule regarding the scope of, and procedural and recordkeeping requirements associated with, border security searches of electronic devices; and (2) provide related officer training. Sets forth rule contents.

To require the Secretary of Homeland Security to issue a rule with respect to border security searches of electronic devices, and for other purposes.

SECTION 1. TEACHER LIABILITY PROTECTION. The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301 et seq.) is amended by adding at the end the following: ``TITLE XV--TEACHER LIABILITY PROTECTION ``SEC. 15001. SHORT TITLE. ``This title may be cited as the `Paul D. Coverdell Teacher Liability Protection Act of 2001'. ``SEC. 15002. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) The ability of teachers, principals and other school professionals to teach, inspire and shape the intellect of our Nation's elementary and secondary school students is deterred and hindered by frivolous lawsuits and litigation. ``(2) Each year more and more teachers, principals and other school professionals face lawsuits for actions undertaken as part of their duties to provide millions of school children quality educational opportunities. ``(3) Too many teachers, principals and other school professionals face increasingly severe and random acts of violence in the classroom and in schools. ``(4) Providing teachers, principals and other school professionals a safe and secure environment is an important part of the effort to improve and expand educational opportunities. ``(5) Clarifying and limiting the liability of teachers, principals and other school professionals who undertake reasonable actions to maintain order, discipline and an appropriate educational environment is an appropriate subject of Federal legislation because-- ``(A) the scope of the problems created by the legitimate fears of teachers, principals and other school professionals about frivolous, arbitrary or capricious lawsuits against teachers is of national importance; and ``(B) millions of children and their families across the Nation depend on teachers, principals and other school professionals for the intellectual development of children. ``(b) Purpose.--The purpose of this title is to provide teachers, principals and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline and an appropriate educational environment. ``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. ``(a) Preemption.--This title preempts the laws of any State to the extent that such laws are inconsistent with this title, except that this title shall not preempt any State law that provides additional protection from liability relating to teachers. ``(b) Election of State Regarding Nonapplicability.--This title shall not apply to any civil action in a State court against a teacher with respect to claims arising within that State if such State enacts a statute in accordance with State requirements for enacting legislation-- ``(1) citing the authority of this subsection; ``(2) declaring the election of such State that this title shall not apply, as of a date certain, to such civil action in the State; and ``(3) containing no other provisions. ``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS. ``(a) Liability Protection for Teachers.--Except as provided in subsections (b) and (c), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if-- ``(1) the teacher was acting within the scope of the teacher's employment or responsibilities related to providing educational services; ``(2) the actions of the teacher were carried out in conformity with local, State, and Federal laws, rules and regulations in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school; ``(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities; ``(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and ``(5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to-- ``(A) possess an operator's license; or ``(B) maintain insurance. ``(b) Concerning Responsibility of Teachers to Schools and Governmental Entities.--Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school. ``(c) Exceptions to Teacher Liability Protection.--If the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: ``(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. ``(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. ``(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ``(d) Limitation on Punitive Damages Based on the Actions of Teachers.-- ``(1) General rule.--Punitive damages may not be awarded against a teacher in an action brought for harm based on the action or omission of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action or omission of such teacher which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. ``(2) Construction.--Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. ``(e) Exceptions to Limitations on Liability.-- ``(1) In general.--The limitations on the liability of a teacher under this title shall not apply to any misconduct that-- ``(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court; ``(B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; ``(C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or ``(D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. ``(2) Rule of construction.--Nothing in this subsection shall be construed to effect subsection (a)(3) or (d). ``SEC. 15005. LIABILITY FOR NONECONOMIC LOSS. ``(a) General Rule.--In any civil action against a teacher, based on an action or omission of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b). ``(b) Amount of Liability.-- ``(1) In general.--Each defendant who is a teacher, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. ``(2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant's harm, whether or not such person is a party to the action. ``SEC. 15006. DEFINITIONS. For purposes of this title: ``(1) Economic loss.--The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. ``(2) Harm.--The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(3) Noneconomic losses.--The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. ``(4) School.--The term `school' means a public or private kindergarten, a public or private elementary school or secondary school (as defined in section 14101, or a home school. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. ``(6) Teacher.--The term `teacher' means a teacher, instructor, principal, administrator, or other educational professional that works in a school. ``SEC. 15007. EFFECTIVE DATE. ``(a) In General.--This title shall take effect 90 days after the date of the enactment of the Paul D. Coverdell Teacher Liability Protection Act of 2001. ``(b) Application.--This title applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the Paul D. Coverdell Teacher Liability Protection Act of 2001, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.''.

Paul D. Coverdell Teacher Liability Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new title XV, Teacher Liability Protection.Preempts State law, except where it provides additional protection of teachers from liability. Makes ESEA title XV inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State if such State enacts a statute electing that ESEA title XV not apply.Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss.

A bill to provide for teacher liability protection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Title Transfer and Non- Federal Infrastructure Incentivization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Eligible facility.--The term ``eligible facility''-- (A) means a reclamation project or facility, or a portion of such a project or facility (which may include dams and appurtenant works, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated lands or interests in lands or water) that meets the criteria for potential transfer established pursuant to section 4; and (B) does not include a reclamation facility or separately functioning portion of such facility that generates hydropower marketed by a power marketing administration. (3) Qualifying entity.--The term ``qualifying entity'' means an agency of a State political subdivision, joint action or powers agency, water users association, Indian Tribe or Tribal utility authority, that-- (A) held or holds a water service contract, repayment contract, operation and maintenance contract, water rights settlement contract or exchange contract providing for water service from the eligible facility to be transferred; and (B) as determined by the Secretary, has the capacity to continue to manage the conveyed property for the same purposes by which the property has been managed under reclamation law. (4) Conveyed property.--The term ``conveyed property'' means an eligible facility that has been transferred out of Federal ownership under this Act. SEC. 3. AUTHORIZATION OF TITLE TRANSFER. (a) In General.--The Secretary may convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, subject to subsections (b) and (c), if-- (1) the Secretary notifies Congress in writing of the proposed conveyance, and the reasons for the conveyance, not later than 90 days before the date on which the Secretary makes the conveyance; and (2) Congress does not pass a joint resolution disapproving the conveyance before such date. (b) Associated Water Rights and Uses.--Federal interests in associated water rights and uses, if included, shall be conveyed in accordance with applicable State law under this Act by a written agreement between the Secretary and the qualifying entity. (c) Consultation.--Interests in eligible facilities shall be conveyed under this Act by a written agreement between the Secretary and the qualifying entity, developed in consultation with any existing water and power customers affected by the eligible facility. (d) Right of First Refusal.--If the entity that operates and maintains an eligible facility at the time that the Secretary attempts to facilitate the conveyance under subsection (c) is a qualifying entity, that entity shall have the right of first refusal to receive the conveyance under this Act. SEC. 4. ELIGIBILITY CRITERIA FOR TITLE TRANSFER UNDER THIS ACT. Not later than one year after the date of the enactment of this Act, the Secretary shall establish criteria for determining whether facilities are eligible for title transfer under this Act. The criteria shall include the following minimum requirements: (1) The qualifying entity agrees to accept title to the property proposed for transfer. (2) The proposed title transfer will not have an unmitigated significant effect on the environment. (3) The qualifying entity intends to use the property for substantially the same purposes the property is being used for at the time the Secretary evaluates the potential transfer. (4) The transfer is consistent with the Secretary's responsibility to protect land and water resources held in trust for federally recognized Indian Tribes. (5) The transfer is consistent with the Secretary's responsibility to ensure compliance with international treaties and interstate compacts. (6) The qualifying entity agrees to provide, as consideration for the assets to be conveyed, compensation to the United States worth the equivalent of the present value of any repayment obligation to the United States or other income stream the United States derives from the assets to be transferred at the time of the transfer. SEC. 5. OTHER CONDITIONS FOR CONVEYANCES. (a) Power Rates.--No conveyance under this Act may adversely impact power rates or repayment obligations. (b) NEPA.--The Secretary shall apply a categorical exclusion process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) on eligible facilities under this Act. SEC. 6. LIABILITY. Effective upon the date of conveyance of any eligible facility pursuant to this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership or operation of the conveyed property, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors, prior to conveyance. SEC. 7. BENEFITS. After a conveyance under this Act-- (1) the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2) in the event that a transfer of an entire project occurs, the entity to which the property is conveyed shall not be eligible to receive any benefits, including project power, with respect to the conveyed property, except benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project. SEC. 8. COMPLIANCE WITH OTHER LAWS. After a conveyance under this Act, the entity to which the property is conveyed shall comply with all applicable Federal, State, and local laws and regulations in its operation of the conveyed property. SEC. 9. NOTIFICATION. The Secretary shall submit, as part of the Secretary's annual budget submission to Congress-- (1) a description of the actions taken to implement this Act; and (2) a list of conveyances made or initiated by the Secretary or a qualifying entity under this Act. Passed the House of Representatives July 12, 2018. Attest: KAREN L. HAAS, Clerk.

. Reclamation Title Transfer and Non-Federal Infrastructure Incentivization Act (Sec. 3) This bill authorizes the Department of the Interior to convey U.S. interest in an eligible reclamation project or facility to an agency of a state political subdivision, a joint action or powers agency, a water users association, or an Indian tribe or tribal utility authority that holds a water service contract for such property and that has the capacity to continue to manage the property for the same purposes for which it has been managed under reclamation law, if: (1) Interior notifies Congress in writing of the proposed conveyance at least 90 days in advance, and (2) Congress does not pass a joint resolution disapproving the conveyance. A facility that generates hydropower marketed by a power marketing administration shall not be eligible for such conveyance. An entity that operates and maintains an eligible facility at the time Interior attempts to facilitate its conveyance shall have the right of first refusal to receive the conveyance. (Sec. 4) Criteria for determining whether facilities are eligible for title transfer shall include: (1) the transfer will not have an unmitigated significant effect on the environment, (2) the qualifying entity intends to use the property for substantially the same purposes the property is being used for at the time Interior evaluates the potential transfer, and (3) the qualifying entity agrees to provide the United States the equivalent of the present value of any repayment obligation or other income stream the United States derives from the assets to be transferred. (Sec. 5) No conveyance under this bill may adversely impact power rates or repayment obligations. (Sec. 9) Interior shall submit, as part of its annual budget submission to Congress: (1) a description of the actions taken to implement this bill, and (2) a list of conveyances made or initiated by Interior or a qualifying entity under this bill.

Reclamation Title Transfer and Non-Federal Infrastructure Incentivization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear- Yard Gun Trafficking and Crime Prevention Act of 2015''. SEC. 2. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Offenses.--It shall be unlawful for any person, regardless of whether anything of value is exchanged-- ``(1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that such use, carry, possession, or disposition of the firearm would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that-- ``(A) is material to-- ``(i) the identity of the actual buyer of the firearms; or ``(ii) the intended trafficking of the firearms; and ``(B) the person knows or has reasonable cause to believe is false; or ``(4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). ``(b) Penalties.-- ``(1) In general.--Any person who violates, or conspires to violate, subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Organizer enhancement.--If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years. ``(c) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Trafficking in firearms.''. (c) Directive to the Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). (2) Requirements.--In carrying out this section, the Commission shall-- (A) review the penalty structure that the guidelines currently provide based on the number of firearms involved in the offense and determine whether any changes to that penalty structure are appropriate in order to reflect the intent of Congress that such penalties reflect the gravity of the offense; and (B) review and amend, if appropriate, the guidelines and policy statements to reflect the intent of Congress that guideline penalties for violations of section 932 of title 18, United States Code, and similar offenses be increased substantially when committed by a person who is a member of a gang, cartel, organized crime ring, or other such enterprise or in concert with another person who is a member of a gang, cartel, organized crime ring or other such enterprise.

Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2015 This bill amends the federal criminal code to make trafficking in firearms a crime. Specifically, it prohibits, with respect to two or more firearms, the following: transfer to or receipt by a prohibited person or a person who plans a subsequent transfer that results in unlawful use, possession, or disposition of such firearms; providing false statements in connection with the purchase, receipt, or acquisition of such firearms; and directing, promoting, or facilitating such prohibited conduct. A person who commits or conspires to commit a gun trafficking offense is subject to a prison term of up to 20 years (or 25 years if such person also acted as an organizer).  The U.S. Sentencing Commission must review and, if appropriate, amend the sentencing guidelines and policy statements that apply to persons convicted of trafficking in firearms.

Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal Service Fairness Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Consumers living in rural, insular, and high cost areas should have access to universal services at affordable rates. (2) Under the Federal Communication Commission's high cost support program for certain carriers, two states receive approximately 70 percent of the Federal support, while 42 states receive no support. (3) Calculating Federal universal service support exclusively on a statewide average basis improperly places responsibility on most State governments to support high cost areas with minimal assistance from the Federal Government. (4) Federal universal service support should be calculated and targeted to small geographic regions within a State to provide greater assistance to the rural consumers most in need of support. (5) Federal and State support mechanisms for high cost areas must be reviewed to determine the extent to which high cost support reform is necessary. (b) Purposes.--It is therefore the purpose of this Act to provide Federal universal service support to consumers living in rural, insular, and high cost areas by-- (1) spreading the benefits of the existing Federal support mechanism more equitably across the nation; (2) facilitating removal of implicit State support; and (3) ensuring that the Federal Communications Commission develops a Federal support mechanism that will promote rate comparability between rural and urban areas. SEC. 3. ELIGIBILITY FOR UNIVERSAL SERVICE SUPPORT FOR HIGH COST AREAS. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end the following new subsection: ``(m) Universal Service Support for High Cost Areas.-- ``(1) Calculating support.--In calculating Federal universal service support for eligible telecommunications carriers that serve rural, insular, and high cost areas, the Commission shall, subject to the provisions of paragraphs (2) and (3), revise the Commission's support mechanism for high cost areas to provide support to each wire center in which the incumbent local exchange carrier's average cost per line for such wire center exceeds 3.75 times the national average cost per line. ``(2) Hold harmless support.--In implementing this subsection, the Commission shall provide support for each State equal to the greater of-- ``(A) the amount calculated under the Commission's support mechanism for high cost areas as in effect on the date of the enactment of this subsection; or ``(B) the amount calculated pursuant to paragraph (1). ``(3) Limitation on support to be provided.-- Notwithstanding paragraph (2)-- ``(A) no State shall receive support that exceeds 5 percent of the total support calculated under the Commission's support mechanism for high cost areas as in effect on such date of enactment; and ``(B) the total amount of support for all States shall not exceed the total support calculated under the Commission's support mechanism for high cost areas as in effect on such date of enactment. The limitations in subparagraphs (A) and (B) shall not be construed to preclude fluctuations in support on the basis of changes in the data used to make such calculations. ``(4) Implementation.--Not later than 180 days after the date of the enactment of this subsection, the Commission shall complete the actions (including prescribing or amending regulations) necessary to implement the requirements of this subsection. ``(5) Definition.--For purposes of this subsection, the term `Commission's support mechanism for high cost areas' means section 54.309 of the Commission's regulations (47 CFR 54.309), and regulations referred to in such section.''. SEC. 4. GAO REPORT ON NEED TO REFORM HIGH COST SUPPORT MECHANISM. Not later than one year after the date of enactment of this Act, the Comptroller General shall report to Congress on the need to reform the high cost support mechanism for rural, insular, and high cost areas. As part of this report, the General Accounting Office shall provide an overview and discuss whether-- (1) existing Federal and State high cost support mechanisms ensure rate comparability between urban and rural areas; (2) the Federal Communications Commission and the States have taken the necessary steps to remove implicit support; (3) the existing high cost support mechanism has affected the development of local competition in urban and rural areas; and (4) amendments to section 254 of such Act are necessary to preserve and advance universal service. SEC. 5. NO EFFECT ON RURAL TELEPHONE COMPANIES. Nothing in this Act shall be construed to affect the support provided to an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) that is a rural telephone company (as defined in section 3 of such Act (47 U.S.C. 153)).

Universal Service Fairness Act of 2003 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), in calculating Federal universal service support for eligible telecommunications carriers that serve rural, insular, and high cost areas, to revise its support mechanism for high cost areas to provide support to each wire center in which the incumbent local exchange carrier's average cost per line for such center exceeds 3.75 times the national average cost per line. Requires the FCC to provide support for each State equal to the greater of the amount calculated under the FCC's current support mechanism for high cost areas or the amount calculated above. Limits per State support and total support for all States.Requires the Comptroller General to report to Congress on the need to reform the high cost support mechanism for rural, insular, and high cost areas.States that nothing in this Act shall affect the support provided to rural telephone companies.

To equitably distribute universal service support throughout rural America, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Community Initiative Act of 1993''. SEC. 2. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE. The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the following new section: ``SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES. ``(a) In General.--The Secretary shall provide grants to nonprofit private organizations to establish projects in local communities involving many sectors of each community to coordinate intervention and prevention of domestic violence. ``(b) Eligibility.--To be eligible for a grant under this section, an entity-- ``(1) shall be a nonprofit organization organized for the purpose of coordinating community projects for the intervention in and prevention of domestic violence; and ``(2) shall include representatives of pertinent sectors of the local community, including-- ``(A) health care providers; ``(B) the education community; ``(C) the religious community; ``(D) the justice system; ``(E) domestic violence program advocates; ``(F) human service entities such as State child services divisions; and ``(G) business and civic leaders. ``(c) Applications.--An organization that desires to receive a grant under this section shall submit to the Secretary an application, in such form and in such manner as the Secretary shall prescribe through notice in the Federal Register, that-- ``(1) demonstrates that the applicant will serve a community leadership function, bringing together opinion leaders from each sector of the community to develop a coordinated community consensus opposing domestic violence; ``(2) demonstrates a community action component to improve and expand current intervention and prevention strategies through increased communication and coordination among all affected sectors; ``(3) includes a complete description of the applicant's plan for the establishment and operation of the community project, including a description of-- ``(A) the method for identification and selection of an administrative committee made up of persons knowledgeable in domestic violence to oversee the project, hire staff, assure compliance with the project outline, and secure annual evaluation of the project; ``(B) the method for identification and selection of project staff and a project evaluator; ``(C) the method for identification and selection of a project council consisting of representatives of the community sectors listed in subsection (b)(2); ``(D) the method for identification and selection of a steering committee consisting of representatives of the various community sectors who will chair subcommittees of the project council focusing on each of the sectors; and ``(E) a plan for developing outreach and public education campaigns regarding domestic violence; and ``(4) contains such other information, agreements, and assurances as the Secretary may require. ``(d) Term.--A grant provided under this section may extend over a period of not more than 3 fiscal years. ``(e) Conditions on Payment.--Payments under a grant under this section shall be subject to-- ``(1) annual approval by the Secretary; and ``(2) availability of appropriations. ``(f) Geographical Dispersion.--The Secretary shall award grants under this section to organizations in communities geographically dispersed throughout the country. ``(g) Use of Grant Monies.-- ``(1) In general.--A grant made under subsection (a) shall be used to establish and operate a community project to coordinate intervention and prevention of domestic violence. ``(2) Requirements.--In establishing and operating a project, a nonprofit private organization shall-- ``(A) establish protocols to improve and expand domestic violence intervention and prevention strategies among all affected sectors; ``(B) develop action plans to direct responses within each community sector that are in conjunction with development in all other sectors; and ``(C) provide for periodic evaluation of the project with a written report and analysis to assist application of this concept in other communities. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $20,000,000 for fiscal year 1994; and ``(2) such sums as are necessary for each of the fiscal years 1995, 1996, and 1997, to remain available until expended. ``(i) Regulations.--Not later than 60 days after the date of enactment of this section, the Secretary shall publish proposed regulations implementing this section. Not later than 120 days after the date of enactment, the Secretary shall publish final regulations implementing this section.''.

Domestic Violence Community Initiative Act of 1993 - Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to provide grants to nonprofit private organizations to establish local community intervention and domestic violence prevention projects. Authorizes appropriations.

Domestic Violence Community Initiative Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Bridging Industry and Government Through Hi-Tech Research on Energy Efficiency Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Congress enacted legislation to dramatically increase Corporate Average Fuel Economy standards (hereafter in this section referred to as ``CAFE standards''), mandating a fleet- wide fuel economy of 35 miles per gallon by 2020. (2) The new CAFE standards represent a 27 percent increase over current CAFE standards. (3) The new CAFE standards require Chrysler, Ford, and General Motors to increase their research and development investments at an estimated cost of $85,000,000,000. (4) Chrysler, Ford, and General Motors currently invest a total of approximately $16,000,000,000 each year to research and develop safer, more efficient, and alternatively fueled automobiles. (5) Chrysler, Ford, and General Motors employ more than 65,000 Americans to research and develop new technologies. (6) These required investments will place a large cost burden on an already struggling industry, representing an estimated additional $7,000,000,000 per year above current research and development investments. (7) Investments of finite funds in new energy efficiency initiatives should not detract from current investments in improved vehicle safety technology. (8) Energy availability is a national security issue of the utmost importance. (9) A significant portion of United States energy use comes from imported petroleum products from unstable regions. (10) Clean diesel technology is a more efficient way to utilize petroleum products to reduce emissions in the short- term while alternative energy sources are developed. (11) Harmonization of biodiesel composition standards will enable more widespread use of clean diesel technology throughout the country. (12) Electric vehicle propulsion can help reduce dependence on petroleum-based energy. (13) Energy storage is critical in making electric vehicles commercially viable. (14) Technical challenges remain before adequate energy storage for electric vehicles becomes a reality. (15) There is no current domestic production of advanced battery technology applicable to hybrid or electric vehicles. (16) Domestic research, development, demonstration, and production of advanced battery and electric vehicle technology will create many high-paying jobs. (17) Hydrogen fuel cell vehicles represent the long-term goal of nearly emission-free transportation. (18) Increased availability of hydrogen fuel is crucial to increase the viability of leap-ahead hydrogen vehicle technology. (19) The United States Government currently invests Federal funds across numerous agencies into research and development of advanced fuel and efficiency enhancing technology, spending approximately $400,000,000 in fiscal year 2007 and approximately $1,100,000,000 in fiscal year 2008. (20) Expanding and coordinating these currently disparate efforts would yield greater gains in the development of viable efficient alternative fuel technologies. (21) The Federal Government can and should concert its efforts in order to adequately provide relief from the large cost burden placed on the auto industry by requiring extensive research and development of advanced technology. SEC. 3. ADVANCED BATTERY RESEARCH AND DEVELOPMENT. (a) Definition.--For purposes of this section, the term ``battery'' means an electrochemical energy storage system powered directly by electrical current. (b) Research and Development Grant Program.-- (1) In general.--The Secretary of Energy shall establish a program for making grants to National Laboratories and institutions of higher education for research, development, and demonstration of high-efficiency advanced battery technologies. Such grants may be used for-- (A) exploratory research; (B) battery system devlopment; (C) vehicle technology demonstration and validation; and (D) United States advanced battery production capability development. (2) Priority consideration.--In awarding grants under this section, the Secretary of Energy shall give priority consideration to National Laboratories and institutions of higher education that partner with original equipment maunfacturers of vehicles that will use the high-efficiency advanced battery technologies being researched, developed, or demonstrated. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section $150,000,000 for each of the fiscal years 2009 through 2013. SEC. 4. RESEARCH AND DEVELOPMENT TAX CREDIT. (a) Permanent Extension.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Refundability.--Section 41 of such Code, as amended by subsection (a), is amended by adding at the end the following new subsection: ``(h) Portion of Credit Treated as Refundable.-- ``(1) In general.--For purposes of this title, so much of the credit which would be allowed under this section for any taxable year (determined without regard to this subsection) that is attributable to expenditures for technology designed to meet Corporate Average Fuel Economy standards shall be treated as allowed under subpart C and not under this section. ``(2) Special rule for partnerships.--In the case of a partnership that elects to have this subsection apply-- ``(A) paragraph (1) shall apply at the partnership level (and not at the partner level), ``(B) the amount of the credit determined under paragraph (1) shall be treated as an overpayment of tax, ``(C) the partnership shall be treated as the person who made the overpayment of tax, and the Secretary shall refund the amount of such overpayment to the partnership, and ``(D) the amount of credits under this section that would otherwise be separately stated to the partners of the partnership pursuant to section 702(a) shall be reduced by the amount determined under paragraph (1).''. (c) Conforming Amendment.--Section 45C(b)(1) of such Code is amended by striking subparagraph (D). (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2007. SEC. 5. INTERAGENCY GROUP ON CAFE STANDARDS. (a) Establishment and Membership.-- (1) In general.--There is established an Interagency Working Group on Corporate Average Fuel Economy Standards comprised of 1 representative of the following: (A) the Departments of Agriculture, Commerce, Defense, Energy, Interior, Labor, and Transportation, appointed by the respective Secretaries of such Departments; (B) the Environmental Protection Agency, appointed by the Administrator of such agency; (C) the National Science Foundation and the Office of Management and Budget, appointed by the respective Directors of such agencies; (D) 3 representatives of the automobile manufacturing industry, appointed by the President; and (E) members representing such additional Federal agencies as the President shall appoint. (2) Chairperson.--The Interagency Working Group established under subsection (a)(1) shall be chaired by the representative of the Department of Defense, the Department of Energy, the Department of Transportation, the Department of Commerce, or the Environmental Protection Agency, as determined by the membership. The chairperson shall serve for a term of 1 year. (b) Purpose and Duties.-- (1) Purpose.--The purpose of the Interagency Working Group is to ensure Federal agencies' work to research and develop advanced fuel technology is coordinated and concerted in order to increase vehicle fuel efficiency and reduce emissions. (2) Duties.--The Interagency Working Group established under subsection (a)(1) shall-- (A) meet not less than 4 times annually to examine the status of efforts by auto companies to meet the corporate automobile fuel economy standards required under section 32902 of title 49, United States Code; (B) propose policy recommendations for solutions to meet such standards; (C) formulate a recommended budget for all Federal spending on research and development of advanced fuel technologies and submit such recommended budget to the President and to Congress; (D) review agency priorities and technical issues for Federally funded technology research and development; (E) promote communications among the government, private sector, and academia on research and development requirements and programs; and (F) submit a report of its activities to Congress annually. SEC. 6. HARMONIZATION OF BIOFUELS PRODUCTION STANDARDS. (a) In General.--The Administrator of the Environmental Protection Agency shall work with national and international standard setting organizations, along with other government organizations, to harmonize standards for the production of biofuels from a variety of feedstocks and the blending of such fuels with petroleum-based fuels at various concentrations. (b) Annual Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Environmental Protection Agency shall transmit to the Congress a report on progress made under subsection (a). SEC. 7. HYDROGEN FUELING PUMPS. (a) Grant Program.--The Secretary of Transportation shall establish a program for making grants with the goal of establishing at least 100 publicly available hydrogen fueling pumps at retail gas stations by 2013 in at least 2 selected regions. (b) Required Contribution.--As a condition of receiving a grant under subsection (a), the owner or operator of a gas station shall be required to contribute, or obtain funding from a State or local government entity for, at least 10 percent of the cost of the hydrogen fueling pump. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for carrying out this section $50,000,000 for each of the fiscal years 2009 through 2013. SEC. 8. FEDERAL ACQUISITION OF HYDROGEN FUEL CELL VEHICLES. There are authorized to be appropriated to the Administrator of the General Services Administration for the acquisition of hydrogen fuel cell vehicles for use by Federal agencies $50,000,000 for each of the fiscal years 2012 through 2014.

New Bridging Industry and Government Through Hi-Tech Research on Energy Efficiency Act of 2008 - Requires the Secretary of Energy to establish a program for making grants to National Laboratories and institutions of higher education for research, development, and demonstration of high-efficiency advanced battery technologies. Allows such grants to be used for: (1) exploratory research; (2) battery system development; (3) vehicle technology demonstration and validation; and (4) U.S. advanced battery production capability development. Defines "battery" to mean an electrochemical energy storage system powered directly by electrical current. Requires the Secretary to give priority consideration to National Laboratories and institutions of higher education that partner with original equipment manufacturers of vehicles that will use the technologies. Amends the Internal Revenue Code to extend and revise the credit for increasing research activities. Establishes an Interagency Working Group on Corporate Average Fuel Economy Standards to ensure that federal agencies' work to research and develop advanced fuel technology is coordinated and concerted in order to increase vehicle fuel efficiency and reduce emissions. Requires the Administrator of the Environmental Protection Agency (EPA) to work with national and international standard setting organizations to harmonize standards for the production of biofuels from a variety of feedstocks and the blending of such fuels with petroleum-based fuels at various concentrations. Requires the Secretary of Transportation to establish a program for making grants with the goal of establishing at least 100 publicly available hydrogen fueling pumps at retail gas stations by 2013 in at least two selected regions. Authorizes funds to be appropriated to the Administrator of the General Services Administration (GSA) for the acquisition of hydrogen fuel cell vehicles for use by federal agencies for each of FY2012-FY2014.

To provide for the coordination of efforts in the development of viable efficient alternative fuel technologies.

SECTION 1. INCREASE IN WIDOW'S AND WIDOWER'S INSURANCE BENEFITS BY REASON OF DELAYED RETIREMENT. (a) Delayed Retirement Credit for Widow's and Widower's Benefits.-- (1) In general.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended-- (A) in paragraph (1) by striking ``old-age insurance benefit'' and inserting ``old-age, widow's, or widower's insurance benefit''; (B) in paragraph (2), by striking ``the number of increment months for any individual'' in the matter preceding subparagraph (A) and inserting ``the number of increment months for any individual to whom an old- age, widow's, or widower's insurance benefit is payable as described in paragraph (1)''; and (C) by striking ``and'' at the end of paragraph (2)(A), and by striking paragraph (2)(B) and inserting the following: ``(B) with respect to which-- ``(i) in the case of an individual to whom an old- age insurance benefit is payable, such individual was a fully insured individual (as defined in section 214(a)) and-- ``(I) was not entitled to such a benefit, or ``(II) was so entitled but did not receive benefits pursuant to a request by such individual that benefits not be paid, or ``(ii) in the case of an individual to whom a widow's or widower's insurance benefit is payable, such individual satisfied subparagraphs (A), (B), and (D) of subsection (e)(1) or (f)(1) and-- ``(I) was not entitled to such a benefit, ``(II) was so entitled but suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit, or ``(III) was so entitled but did not receive benefits pursuant to a request by such individual that benefits not be paid, and ``(C) with respect to which such individual was not subject to a penalty under section 1129A.''. (2) Conforming amendments to section 202(w).-- (A) Section 202(w)(3) of such Act (42 U.S.C. 402(w)(3)) is amended by striking ``old-age'' each place it appears and inserting ``old-age, widow's, or widower's''. (B) Section 202(w)(5) of such Act (42 U.S.C. 402(w)(5)) is amended-- (i) by striking ``If an individual's primary insurance amount'' and inserting ``If the primary insurance amount on which an individual's old-age, widow's, or widower's insurance benefit is based''; (ii) by striking ``old-age'' each place it appears and inserting ``old-age, widow's, or widower's''; (iii) by striking ``his primary insurance amount'' each place it appears and inserting ``the primary insurance amount''; and (iv) by striking ``he'' and ``his'' each place they appear and inserting ``such individual'' and ``such individual's'', respectively. (C) Section 202(w)(6) of such Act (42 U.S.C. 402(w)(6)) is amended-- (i) by striking ``old-age'' each place it appears and inserting ``old-age, widow's, or widower's''; and (ii) by adding at the end (after and below subparagraph (D)) the following new sentence: ``For purposes of this paragraph, an individual is deemed to become eligible for an old-age insurance benefit on the first day of the month in which such individual attains age 62, and for a widow's or widower's insurance benefit on the first day of the month in which such individual attains age 60.''. (3) Other conforming amendments.-- (A) Section 202(e)(2)(A) of such Act (42 U.S.C. 402(e)(2)(A)) is amended by inserting ``subsection (w),'' after ``subsection (q),''. (B) Section 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amended by inserting ``subsection (w),'' after ``subsection (q),''. (b) Treatment of Delayed Retirement in Cases of Simultaneous Entitlement to Old-Age Insurance Benefits and Widow's or Widower's Insurance Benefits.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended-- (1) by striking ``The amount'' in paragraph (1) and inserting ``Subject to paragraph (7), the amount''; and (2) by adding at the end the following new paragraph: ``(7) If for any month an individual is entitled (prior to the application of this subsection) both to an old-age insurance benefit and to a widow's or widower's insurance benefit, the resulting increase (if any) in the amount of the widow's or widower's insurance benefit under paragraph (1) shall be made (prior to the application of subsection (k)(3)(A)) in lieu of any increase in the amount of the old- age insurance benefit under such paragraph, unless-- ``(A) the amount of such old-age insurance benefit would be greater than the amount of such widow's or widower's insurance benefit after the application of paragraph (1) to each such benefit, or ``(B) the increase which would otherwise be made under such paragraph in the amount of such old-age insurance benefit would result (under the language following subparagraph (F) in the first sentence of subsection (e)(1) or (f)(1)) in the termination of the individual's entitlement to widow's or widower's insurance benefits.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to widow's and widower's insurance benefits (under section 202 (e) and (f) of the Social Security Act) for months after the month in which this Act is enacted.

Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide for: (1) increases in widow's and widower's insurance benefits by reason of delayed retirement; and (2) the treatment of delayed retirement in cases of simultaneous entitlement to OASDI benefits and widow's or widower's insurance benefits.

To amend title II of the Social Security Act to provide for increases in widow's and widower's insurance benefits by reason of delayed retirement.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) This Act may be cited as the ``Conservation Enhancement Act of 2001''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EXTENSION AND ADDITIONAL FUNDING FOR CONSERVATION PROGRAMS Sec. 101. Extension of conservation programs through 2012. Sec. 102. Provision of additional funding. TITLE II--SUBSTANTIVE CHANGES TO CONSERVATION PROGRAMS Subtitle A--Environmental Quality Incentives Program Sec. 201. Implementation of best management practices. Sec. 202. Time for payments. Sec. 203. Contract term. Sec. 204. Federal share of cost-share payments. Sec. 205. Carry over of unobligated amounts. Sec. 206. Conservation priority areas and priority issues. Subtitle B--Wildlife Habitat Incentives Program Sec. 211. Pilot programs to prevent listing of endangered species and preserve critical habitats. Subtitle C--Conservation Reserve Program Sec. 221. Full enrollment of authorized acreage. Sec. 222. Additional pilot program. Sec. 223. Expanded haying and grazing. Sec. 224. Protection of farm program base. Subtitle D--Wetlands Reserve Program Sec. 231. Increase in authorized maximum enrollment. Sec. 232. Enrollment methods. Subtitle E--Conservation Technical Assistance Sec. 241. Sense of Congress concerning conservation technical assistance. TITLE I--EXTENSION AND ADDITIONAL FUNDING FOR CONSERVATION PROGRAMS SEC. 101. EXTENSION OF CONSERVATION PROGRAMS THROUGH 2012. (a) Environmental Conservation Acreage Reserve Program.--Section 1230(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3830(a)(1)) is amended by striking ``2002'' and inserting ``2012''. (b) Conservation Reserve Program.--(1) Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended in subsections (a), (b)(3), and (d) by striking ``2002'' and inserting ``2012''. (2) Section 1232(c) of the Food Security Act of 1985 (16 U.S.C. 3832(c)) is amended by striking ``2002'' and inserting ``2012''. (c) Wetland Reserve Program.--Section 1237(c) of the Food Security Act of 1985 (16 U.S.C. 3837(c)) is amended by striking ``2002'' and inserting ``2012''. (d) Environmental Quality Incentives Program.--Section 1240B(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(a)(1)) is amended by striking ``2002'' and inserting ``2012''. (e) Wildlife Habitat Incentives Program.--Section 387(c) of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a(c)) is amended by striking ``1996 through 2002'' and inserting ``2003 through 2012''. SEC. 102. PROVISION OF ADDITIONAL FUNDING. (a) Environmental Conservation Acreage Reserve Program.--Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended-- (1) in subsection (a), by striking ``2002'' and inserting ``2012''; (2) in subsection (b)(1)-- (A) by striking ``and'' after ``1996,''; and (B) by inserting ``and $500,000,000 for each of fiscal years 2003 through 2012,''; and (3) in subsection (b)(2), by striking ``2002'' and inserting ``2012''. (b) Wildlife Habitat Incentives Program.--Section 387(c) of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a(c)) is amended by striking ``$50,000,000'' and inserting ``$200,000,000''. TITLE II--SUBSTANTIVE CHANGES TO CONSERVATION PROGRAMS Subtitle A--Environmental Quality Incentives Program SEC. 201. IMPLEMENTATION OF BEST MANAGEMENT PRACTICES. Section 1240A(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-1(2)) is amended by adding at the end the following new sentence: ``The term includes best management practices approved for use in agricultural production by the Secretary.''. SEC. 202. TIME FOR PAYMENTS. Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended by striking subsection (c) and inserting the following new subsection: ``(c) Timing of Payments.--The Secretary shall make cost-share payments and incentive payments under this chapter as soon as possible after the contract between the producer and the Secretary is executed.''. SEC. 203. CONTRACT TERM. Section 1240B(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(b)(2)) is amended by striking ``5'' and inserting ``3''. SEC. 204. FEDERAL SHARE OF COST-SHARE PAYMENTS. Section 1240B(e)(1)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)(A)) is amended by striking ``not more than'' and inserting ``equal to''. SEC. 205. CARRY OVER OF UNOBLIGATED AMOUNTS. Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended by adding at the end the following new paragraph: ``(3) Multi-year availability of funds.--Funds made available under paragraph (1) for a fiscal year shall remain available until expended.''. SEC. 206. CONSERVATION PRIORITY AREAS AND PRIORITY ISSUES. (a) Repeal of Limitation on Assistance for Confined Animal Feeding Operations.--Section 1240B(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)) is amended-- (1) by striking subparagraph (B); and (2) by redesignating subparagraph (C) as subparagraph (B). (b) Reservation of Funds for Conservation Priority Areas.--Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended-- (1) by inserting ``(a) Priorities.--'' before ``In providing''; and (2) by adding at the end the following new subsection: ``(b) Limitation.--Notwithstanding subsection (a)(1), the total amount of funds obligated under this chapter in a fiscal year for land management practices and structural practices to be implemented, or previously implemented, in conservation priority areas may not exceed 50 percent of total amount of funds available under section 1241(b) for that fiscal year.''. (c) Additional Priority.--Section 1240C of the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended by inserting after subsection (b), as added by subsection (a) of this section, the following new subsection: ``(c) Priority Funding for Confined Livestock Feeding Operations.-- In addition to the priorities established in subsection (a), it is the sense of the Congress that the Secretary should accord priority to the implementation of land management practices and structural practices by producers who own or operate confined animal feeding operations. The priority so accorded to confined animal feeding operations should not depend on the size of the operation.''. Subtitle B--Wildlife Habitat Incentives Program SEC. 211. PILOT PROGRAMS TO PREVENT LISTING OF ENDANGERED SPECIES AND PRESERVE CRITICAL HABITATS. Section 387 of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 3836a) is amended-- (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following new subsections: ``(c) Pilot Programs To Prevent Listing of Endangered Species and Preserve Critical Habitats.--Of the total amount made available under subsection (e) for fiscal years 2003 through 2012, the Secretary shall use $40,000,000 to support pilot programs involving local initiatives to prevent the listing of a fish, wildlife, or plant species as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) through the preservation or development of critical habitat for such species. No more than two pilot programs may be supported under this subsection in any region of the United States. ``(d) Effect of Participation.--A person receiving cost-share payments under subsection (b) or participating in a pilot program funded under subsection (c) shall not be penalized or subject to increased land use regulations if, as a result of the activities undertaken with the funds provided under this section, a threatened species or endangered species locates on the preserved or developed wildlife habitat. Participation in the program, including a pilot program funded under subsection (c), is voluntary, and a participant shall not lose any rights to control access to private property on account of the receipt of a payment under this section.''. Subtitle C--Conservation Reserve Program SEC. 221. FULL ENROLLMENT OF AUTHORIZED ACREAGE. Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended by adding at the end the following new sentence: ``If, as of the date of the enactment of the ____ Act of 2001, the maximum authorized acreage is not yet enrolled, the Secretary shall encourage additional enrollments so as to achieve enrollment of the maximum authorized acreage.''. SEC. 222. ADDITIONAL PILOT PROGRAM. Section 1231(b) of the Food Security Act of 1985 (16 U.S.C. 3831(b)) is amended by adding at the end the following new subsection: ``(i) Pilot Program To Address Local and Regional Conservation Issues.-- ``(1) Authorized acreage.--The Secretary may enroll in the conservation reserve under this subsection up to 10,000,000 acres. Any acreage enrolled under this subsection shall not be counted toward maximum enrollment limitation specified in subsection (d). ``(2) Pilot programs authorized.--The Secretary shall carry out pilot programs to evaluate the feasibility of using the conservation reserve program to support local and regional efforts to preserve croplands and pasture lands and address conservation issues. The Secretary may make grants to, or enter into agreements with, public and private entities that operate farmland protection programs and that offer to undertake the enrollment of acreage under the pilot program. ``(3) Maximum program enrollment.--The Secretary shall conduct at least 10 pilot programs under the authority of this section, and not more than 1,000,000 acres may be enrolled through a single pilot program. ``(4) Eligible lands.--The following lands are eligible for enrollment under the pilot program: ``(A) Lands described in subsection (b). ``(B) Croplands or pasture lands that are not otherwise eligible for enrollment, but that contain habitat suitable for a fish, wildlife, or plant species that is listed, being considered for listing, or may be considered for listing as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). ``(5) Continuation of agricultural use.--Lands used before enrollment for the production of an agricultural commodity or the grazing of livestock may remain in production after enrollment.''. SEC. 223. EXPANDED HAYING AND GRAZING. Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3832(a)(7)(A)) is amended-- (1) by striking ``and'' at the end of clauses (i) and (ii); (2) by adding at the end the following new clauses: ``(iii) harvesting or grazing according to approved stocking rates or other commercial use of the forage on such land if the Secretary determines that the harvesting or grazing or other commercial use of the forage will enhance the quality of the vegetative cover and the harvesting or grazing or other commercial use of the forage is conducted no more frequently than authorized for other maintenance options; and ``(iv) grazing on land that is subject to a contract entered into under the Secretary's continuous signup authority when the grazing is incidental to the grazing of a growing winter- seeded crop; and''. SEC. 224. PROTECTION OF FARM PROGRAM BASE. Section 1236 of the Food Security Act of 1985 (16 U.S.C. 3836) is amended-- (1) by striking subsection (a); and (2) in subsection (b), by striking ``may provide'' and inserting ``shall provide''. Subtitle D--Wetlands Reserve Program SEC. 231. INCREASE IN AUTHORIZED MAXIMUM ENROLLMENT. (a) Increase.--Section 1237(b)(1) of the Food Security Act of 1985 (16 U.S.C. 3837(b)(1)) is amended by striking ``975,000'' and inserting ``2,500,000''. (b) Conforming Repeal.--Section 808 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted by Public Law 106-387; 114 Stat. 1549A-52), is repealed. SEC. 232. ENROLLMENT METHODS. Section 1237(b) of the Food Security Act of 1985 (16 U.S.C. 3837(b)) is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) Methods of enrollment.--The Secretary may enroll up to 1,000,000 acres of eligible lands into the wetlands reserve program using permanent easements, with the remaining authorized acreage enrolled into 30-year easements or restoration cost-share agreements.''. Subtitle E--Conservation Technical Assistance SEC. 241. SENSE OF CONGRESS CONCERNING CONSERVATION TECHNICAL ASSISTANCE. It is the sense of Congress that not less than $1,000,000,000 should be appropriated the Secretary of Agriculture each fiscal year to restore staffing and technical assistance levels for the Natural Resources Conservation Service to pre-1985 levels since Natural Resources Conservation Service personnel are the key component necessary to deliver current and expanded conservation programs and to assist producers in planning and implementing successful conservation initiatives.

Conservation Enhancement Act of 2001 - Amends the Food Security Act of 1985 to extend program authority and funding for the: (1) environmental conservation acreage reserve program; (2) conservation reserve program, including the wildlife use provision; (3) wetlands reserve program; and (4) environmental quality incentives program.Amends the Federal Agriculture Improvement Act of 1996 to extend and increase funding for the wildlife habitat incentives program.Amends the Food Security Act of 1985 to revise the environmental quality incentives program respecting: (1) land management practices; (2) minimum contract term; (3) fund carryover; and (4) confined animal feeding operations and conservation priority areas.Amends the Federal Agriculture Improvement and Reform Act of 1996 to direct the Secretary of Agriculture to use specified funds for pilot programs to prevent listing of threatened or endangered species through the development of critical habitats for such species.Amends the Food Security Act of 1985 respecting the conservation reserve program to: (1) direct the Secretary to carry out at least ten pilot programs that address local and regional cropland and conservation issues; (2) expand haying and grazing authority; and (3) revise base history provisions.Increases maximum wetlands reserve program acreage.Expresses the sense of Congress concerning minimum funding for, and the importance of, conservation technical assistance.

To extend and expand conservation programs administered by the Department of Agriculture.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Retirement Reform Technical Corrections Act of 1998''. SEC. 2. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO DISTRICT OF COLUMBIA RETIREMENT FUNDS. (a) Permitting Other Federal Entities to Administer Program.-- Section 11003 of the Balanced Budget Act of 1997 (DC Code, sec. 1- 761.2) is amended-- (1) in paragraph (1), by inserting ``, and includes any agreement with a department, agency, or instrumentality of the United States entered into under that section'' after ``the Trustee''; and (2) in paragraph (10), by striking ``, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or employee organization'' and inserting ``; partnership; joint venture; corporation; mutual company; joint-stock company; trust; estate; unincorporated organization; association; employee organization; or department, agency, or instrumentality of the United States''. (b) Permitting Waiver of Recovery of Amounts Paid in Error.-- Section 11021(3) of such Act (DC Code, sec. 1-763.1(3)) is amended by inserting ``, or waive recoupment or recovery of,'' after ``recover''. (c) Permitting Use of Trust Fund To Cover Administrative Expenses.--Section 11032 of such Act (DC Code, sec. 1-764.2) is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--Amounts in the Trust Fund shall be used-- ``(1) to make Federal benefit payments under this subtitle; ``(2) subject to subsection (b)(1), to cover the reasonable and necessary expenses of administering the Trust Fund under the contract entered into pursuant to section 11035(b); ``(3) to cover the reasonable and necessary administrative expenses incurred by the Secretary in carrying out the Secretary's responsibilities under this subtitle; and ``(4) for such other purposes as are specified in this subtitle.''; and (2) in subsection (b)(2), by inserting ``(including expenses described in section 11041(b))'' after ``to administer the Trust Fund''. (d) Promoting Flexibility in Administration of Program.--Section 11035 of such Act (DC Code, sec. 1-764.5) is amended-- (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following new subsections: ``(c) Subcontracts.--Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Trustee may, with the approval of the Secretary, enter into one or more subcontracts with the District Government or any person to provide services to the Trustee in connection with its performance of the contract. The Trustee shall monitor the performance of any such subcontract and enforce its provisions. ``(d) Determination by the Secretary.--Notwithstanding subsection (b) or any other provision of this subtitle, the Secretary may determine, with respect to any function otherwise to be performed by the Trustee, that in the interest of economy and efficiency such function shall be performed by the Secretary rather than the Trustee.''. (e) Process for Reimbursement of District Government for Expenses of Interim Administration.--Section 11041 of such Act (DC Code, sec. 1- 765.1) is amended-- (1) in subsection (b), by striking ``The Trustee shall'' and inserting ``The Secretary or the Trustee shall, at such times during or after the period of interim administration described in subsection (a) as are deemed appropriate by the Secretary or the Trustee''; (2) in subsection (b)(1), by inserting ``the Secretary or'' after ``if''; and (3) in subsection (c), by striking ``the replacement plan adoption date'' and inserting ``such time as the Secretary notifies the District Government that the Secretary has directed the Trustee to carry out the duties and responsibilities required under the contract''. (f) Annual Federal Payment Into Federal Supplemental Fund.--Section 11053 of such Act (DC Code, sec. 1-766.3) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Annual Amortization Amount.--At the end of each applicable fiscal year the Secretary shall promptly pay into the Federal Supplemental Fund from the General Fund of the Treasury an amount equal to the annual amortization amount for the year (which may not be less than zero).''; (2) in subsection (b), by striking ``freeze date'' and inserting ``effective date of this Act''; (3) by redesignating subsections (b) and (c) as subsections (c) and (d); and (4) by inserting after subsection (a) the following new subsection: ``(b) Administrative Expenses.--During each applicable fiscal year, the Secretary shall pay into the Federal Supplemental Fund from the General Fund of the Treasury amounts not to exceed the covered administrative expenses for the year.''. (g) Technical Corrections.--(1) Section 11012(c) of such Act (DC Code, sec. 1-752.2(c)) is amended by striking ``District of Columbia Retirement Board'' and inserting ``District Government''. (2) Section 11033(c)(1) of such Act (DC Code, sec. 1-764.3(c)(1)) is amended by striking ``consisting'' in the first place that it appears. (3) Section 11052 of such Act (DC Code, sec. 1-766.2) is amended by inserting ``to'' after ``may be made only''. SEC. 3. CLARIFYING TREATMENT OF DISTRICT OF COLUMBIA EMPLOYEES TRANSFERRED TO FEDERAL RETIREMENT SYSTEMS. (a) Eligibility of Nonjudicial Employees of District of Columbia Courts for Medicare and Social Security Benefits.--Section 11246(b) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 755) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Conforming amendments to internal revenue code and social security.--(A) Section 3121(b)(7)(C) of the Internal Revenue Code of 1986 (relating to the definition of employment for service performed in the employ of the District of Columbia) is amended by inserting `(other than the Federal Employees Retirement System provided in chapter 84 of title 5, United States Code)' after `law of the United States'. ``(B) Section 210(a)(7)(D) of the Social Security Act (42 U.S.C. 410(a)(7)(D)) (relating to the definition of employment for service performed in the employ of the District of Columbia), is amended by inserting `(other than the Federal Employees Retirement System provided in chapter 84 of title 5, United States Code)' after `law of the United States'.''. (b) Vesting Under Previous District of Columbia Retirement Program.--For purposes of vesting pursuant to section 2610(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (DC Code, sec. 1-627.10(b)), creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of the implementation of the Balanced Budget Act of 1997 shall include-- (1) continuous service performed by nonjudicial employees of the District of Columbia courts after September 30, 1997; and (2) service performed for a successor employer, including the Department of Justice or the District of Columbia Offender Supervision, Defender, and Courts Services Agency established under section 11233 of the Balanced Budget Act of 1997, that provides services previously performed by the District government. SEC. 4. METHODOLOGY FOR DESIGNATING ASSETS OF RETIREMENT FUND. Section 11033 of the Balanced Budget Act of 1997 (DC Code, sec. 1- 764.3) is amended by adding at the end the following new subsection: ``(e) Methodology for Designating Assets.-- ``(1) In general.--In carrying out subsection (b), the Secretary may develop and implement a methodology for designating assets after the replacement plan adoption date that takes into account the value of the District Retirement Fund as of the replacement plan adoption date and the proportion of such value represented by $1.275 billion, together with the income (including returns on investments) earned on the assets of and withdrawals from and deposits to the Fund during the period between such date and the date on which the Secretary designates assets under subsection (b). In implementing a methodology under the previous sentence, the Secretary shall not be required to determine the value of designated assets as of the replacement plan adoption date. Nothing in this paragraph may be deemed to effect the entitlement of the District Retirement Fund to income (including returns on investments) earned after the replacement plan adoption date on assets designated for retention by the Fund. ``(2) Employee contributions; judicial retirement and survivors annuity fund.--The Secretary may develop and implement a methodology comparable to the methodology described in paragraph (1) in carrying out the requirements of subsection (c) and in designating assets to be transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund pursuant to section 124(c)(1) of the District of Columbia Retirement Reform Act (as amended by section 11252). ``(3) Discretion of the secretary.--The Secretary's development and implementation of methodologies for designating assets under this subsection shall be final and binding.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect as if included in the enactment of title XI of the Balanced Budget Act of 1997.

District of Columbia Retirement Reform Technical Corrections Act of 1998 - Amends the Balanced Budget Act of 1997, with respect to provisions regarding District of Columbia retirement funds, to include Federal agencies within the definition of "person" under such provisions. Permits the District of Columbia Federal Pension Liability Trust Fund to be used to cover administrative expenses. Authorizes the Trustee of the Trust Fund, with the Secretary of the Treasury's approval, to enter into subcontracts with the District government or any person to provide services to the Trustee in connection with the contract to administer the Trust Fund. Revises provisions regarding reimbursement of the District government for interim administration of retirement benefits. Makes nonjudicial employees of the District of Columbia courts transferred to the Federal Employees' Retirement System eligible for Medicare and Social Security benefits. Requires, for purposes of vesting pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978, creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of the Balanced Budget Act of 1997 to include: (1) continuous service by nonjudicial employees of the District courts after September 30, 1997; and (2) service performed for a successor employer that provides services previously performed by the District government. Requires this Act to take effect as if included in the enactment of title XI (the National Capital Revitalization and Self-Government Improvement Act of 1997) of the Balanced Budget Act of 1997.

District of Columbia Retirement Reform Technical Corrections Act of 1998