FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. FINDINGS. The Congress finds and declares that-- (1) it is the policy of the United States, in fulfillment of its trust responsibility to Indian tribes, to promote Indian self-determination and economic self-sufficiency; (2) the Salt River Pima-Maricopa Indian Community (hereinafter referred to as the ``Community'') has operated the irrigation works within the Community's reservation since November 1997 and is capable of fully managing the operation of these irrigation works; (3) considering that the irrigation works, which are comprised primarily of canals, ditches, irrigation wells, storage reservoirs, and sump ponds located exclusively on lands held in trust for the Community and allottees, have been operated generally the same for over 100 years, the irrigation works will continue to be used for the distribution and delivery of water; (4) considering that the operational management of the irrigation works has been carried out by the Community as indicated in paragraph (2), the conveyance of ownership of such works to the Community is viewed as an administrative action; (5) the Community's laws and regulations are in compliance with section 2(b); and (6) in light of the foregoing and in order to-- (A) promote Indian self-determination, economic self-sufficiency, and self-governance; (B) enable the Community in its development of a diverse, efficient reservation economy; and (C) enable the Community to better serve the water needs of the water users within the Community, it is appropriate in this instance that the United States convey to the Community the ownership of the irrigation works. SEC. 2. CONVEYANCE AND OPERATION OF IRRIGATION WORKS (a) Conveyance.--The Secretary of the Interior, as soon as is practicable after the date of the enactment of this Act, and in accordance with the provisions of this Act and all other applicable law, shall convey to the Community any or all rights and interests of the United States in and to the irrigation works on the Community's reservation which were formerly operated by the Bureau of Indian Affairs. Notwithstanding the provisions of sections 1 and 3 of the Act of April 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 of the Act of August 7, 1946 (25 U.S.C. 385a, 385b, and 385c) and any implementing regulations, during the period between the date of the enactment of this Act and the conveyance of the irrigation works by the United States to the Community, the Community shall operate the irrigation works under the provisions set forth in this Act and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including retaining and expending operations and maintenance collections for irrigation works purposes. Effective upon the date of conveyance of the irrigation works, the Community shall have the full ownership of and operating authority over the irrigation works in accordance with the provisions of this Act. (b) Fulfillment of Federal Trust Responsibilities.--To assure compliance with the Federal trust responsibilities of the United States to Indian tribes, individual Indians and Indians with trust allotments, including such trust responsibilities contained in Salt River Pima- Maricopa Indian Community Water Rights Settlement Act of 1988 (Public Law 100-512), the Community shall operate the irrigation works consistent with this Act and under uniform laws and regulations adopted by the Community for the management, regulation, and control of water resources on the reservation so as to assure fairness in the delivery of water to water users. Such Community laws and regulations include currently and shall continue to include provisions to maintain the following requirements and standards which shall be published and made available to the Secretary and the Community at large: (1) Process.--A process by which members of the Community, including Indian allottees, shall be provided a system of distribution, allocation, control, pricing and regulation of water that will provide a just and equitable distribution of water so as to achieve the maximum beneficial use and conservation of water in recognition of the demand on the water resource, the changing uses of land and water and the varying annual quantity of available Community water. (2) Due process.--A due process system for the consideration and determination of any request by an Indian or Indian allottee for distribution of water for use on his or her land, including a process for appeal and adjudication of denied or disputed distributions and for resolution of contested administrative decisions. (c) Subsequent Modification of Laws and Regulations.--If the provisions of the Community's laws and regulations implementing subsection (b) only are to be modified subsequent to the date of the enactment of this Act by the Community, such proposed modifications shall be published and made available to the Secretary at least 120 days prior to their effective date and any modification that could significantly adversely affect the rights of allottees shall only become effective upon the concurrence of both the Community and the Secretary. (d) Limitations of Liability.--Effective upon the date of the enactment of this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on the Community's ownership or operation of the irrigation works, except for damages caused by acts of negligence committed by the United States prior to the date of the enactment of this Act. Nothing in this section shall be deemed to increase the liability of the United States beyond that currently provided in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). (e) Cancellation of Charges.--Effective upon the date of conveyance of the irrigation works under this section, any charges for construction of the irrigation works on the reservation of the Community that have been deferred pursuant to the Act of July 1, 1932 (25 U.S.C. 386a) are hereby canceled. (f) Project No Longer a BIA Project.--Effective upon the date of conveyance of the irrigation works under this section, the irrigation works shall no longer be considered a Bureau of Indian Affairs irrigation project and the facilities will not be eligible for Federal benefits based solely on the fact that the irrigation works were formerly a Bureau of Indian Affairs irrigation project. Nothing in this Act shall be construed to limit or reduce in any way the service, contracts, or funds the Community may be eligible to receive under other applicable Federal law. SEC. 3. RELATIONSHIP TO OTHER LAWS. Nothing in this Act shall be construed to diminish the trust responsibility of the United States under applicable law to the Salt River Pima-Maricopa Indian Community, to individual Indians, or to Indians with trust allotments within the Community's reservation. Passed the House of Representatives October 3, 2000. Attest: Clerk.

Requires the operation of the works consistent with specified standards, including those for: (1) equitable distribution of water; and (2) a due process system for determination of any request for distribution of water. Cancels on the conveyance date any charges for construction of the works that were deferred. Provides that, upon such date, the works shall no longer be considered a BIA irrigation project and will not be eligible for Federal benefits based solely on the fact that the works were formerly such a project.

To provide for the ownership and operation of the irrigation works on the Salt River Pima-Maricopa Indian Community's reservation in Maricopa County, Arizona, by the Salt River Pima-Maricopa Indian Community.

SECTION 1. HIGH-PERFORMANCE GREEN BUILDINGS RETROFIT LOAN GUARANTEES. (a) Definitions.--In this section: (1) Cost.--The term ``cost'' has the meaning given the term ``cost of a loan guarantee'' within the meaning of section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)). (2) Guarantee.-- (A) In general.--The term ``guarantee'' has the meaning given the term ``loan guarantee'' in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (B) Inclusion.--The term ``guarantee'' includes a loan guarantee commitment (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)). (3) Obligation.--The term ``obligation'' means the loan or other debt obligation that is guaranteed under this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Eligible Purposes.--The Secretary shall make loan guarantees under this section for renovation projects that are eligible projects within the meaning of section 1703 of the Energy Policy Act of 2005 and that will result in a building achieving the United States Green Building Council Leadership in Energy and Environmental Design ``certified'' level, or meeting a comparable standard approved by the Secretary. (c) Terms and Conditions.-- (1) In general.--The Secretary shall make guarantees under this section for projects on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, in accordance with this section, including limitations on the amount of any loan guarantee to ensure distribution to a variety of borrowers. (2) Specific appropriation or contribution.--No guarantee shall be made under this section unless-- (A) an appropriation for the cost has been made; or (B) the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the Treasury. (3) Limitation.--Not more than $100,000,000 in loans may be guaranteed under this section at any one time. (4) Amount.--Unless otherwise provided by law, a guarantee by the Secretary under this section shall not exceed an amount equal to 80 percent of the project cost that is the subject of the guarantee, as estimated at the time at which the guarantee is issued. (5) Repayment.--No guarantee shall be made under this section unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the borrower. (6) Interest rate.--An obligation shall bear interest at a rate that does not exceed a level that the Secretary determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks. (7) Term.--The term of an obligation shall require full repayment over a period not to exceed the lesser of-- (A) 30 years; or (B) 90 percent of the projected useful life of the building whose renovation is to be financed by the obligation (as determined by the Secretary). (8) Defaults.-- (A) Payment by secretary.-- (i) In general.--If a borrower defaults on the obligation (as defined in regulations promulgated by the Secretary and specified in the guarantee contract), the holder of the guarantee shall have the right to demand payment of the unpaid amount from the Secretary. (ii) Payment required.--Within such period as may be specified in the guarantee or related agreements, the Secretary shall pay to the holder of the guarantee the unpaid interest on, and unpaid principal of the obligation as to which the borrower has defaulted, unless the Secretary finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied. (iii) Forbearance.--Nothing in this paragraph precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Secretary. (B) Subrogation.-- (i) In general.--If the Secretary makes a payment under subparagraph (A), the Secretary shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to-- (I) complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such guarantee or related agreements; or (II) permit the borrower, pursuant to an agreement with the Secretary, to continue to pursue the purposes of the project if the Secretary determines this to be in the public interest. (ii) Superiority of rights.--The rights of the Secretary, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. (iii) Terms and conditions.--A guarantee agreement shall include such detailed terms and conditions as the Secretary determines appropriate to-- (I) protect the interests of the United States in the case of default; and (II) have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project. (C) Payment of principal and interest by secretary.--With respect to any obligation guaranteed under this section, the Secretary may enter into a contract to pay, and pay, holders of the obligation, for and on behalf of the borrower, from funds appropriated for that purpose, the principal and interest payments which become due and payable on the unpaid balance of the obligation if the Secretary finds that-- (i)(I) the borrower is unable to meet the payments and is not in default; (II) it is in the public interest to permit the borrower to continue to pursue the purposes of the project; and (III) the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default; (ii) the amount of the payment that the Secretary is authorized to pay shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the agreement being guaranteed; and (iii) the borrower agrees to reimburse the Secretary for the payment (including interest) on terms and conditions that are satisfactory to the Secretary. (D) Action by attorney general.-- (i) Notification.--If the borrower defaults on an obligation, the Secretary shall notify the Attorney General of the default. (ii) Recovery.--On notification, the Attorney General shall take such action as is appropriate to recover the unpaid principal and interest due from-- (I) such assets of the defaulting borrower as are associated with the obligation; or (II) any other security pledged to secure the obligation. (9) Fees.-- (A) In general.--The Secretary shall charge and collect fees for guarantees in amounts the Secretary determines are sufficient to cover applicable administrative expenses. (B) Availability.--Fees collected under this paragraph shall-- (i) be deposited by the Secretary into the Treasury; and (ii) remain available until expended, subject to such other conditions as are contained in annual appropriations Acts. (10) Records; audits.-- (A) In general.--A recipient of a guarantee shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit. (B) Access.--The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audit, to the records and other pertinent documents. (11) Full faith and credit.--The full faith and credit of the United States is pledged to the payment of all guarantees issued under this section with respect to principal and interest.

Requires the Secretary of Energy to make loan guarantees for renovation projects that: (1) are eligible under the Energy Policy Act of 2005 guarantee program as projects that avoid, reduce, or sequester air pollutants or greenhouse gases and employ new or significantly improved technologies; and (2) will result in a building achieving the United States Green Building Council Leadership in Energy and Environmental Design certified level or meeting a comparable standard approved by the Secretary. Prohibits such guarantees unless: (1) an appropriation for the cost has been made or the Secretary has received from the borrower and deposited into the Treasury a payment in full for the cost of the obligation; or (2) the Secretary determines that there is a reasonable prospect of repayment of the principal and interest on the obligation by the borrower. Limits the amount of loans that may be guaranteed at any one time to no more than $100 million. Sets forth provisions concerning: (1) the terms of obligations; (2) payments by the Secretary to the holders of the obligation for the borrower; and (3) actions by the Attorney General to recover unpaid principal and interest from a defaulting borrower.

To provide for loan guarantees for retrofitting high-performance green buildings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Imprisoned Americans Overseas Act of 2013'' or the ``Jacob's Law of 2013''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The President is required under section 2001 of the Revised Statutes of the United States (22 U.S.C. 1732) to demand the release of any citizen who has been unjustly deprived of his liberty by or under the authority of any foreign government, and to undertake appropriate means to obtain the release of such citizen. (2) In a statement submitted to the Committee on the Judiciary of the Senate on July 27, 2011, former Secretary of State Hillary Clinton stated that ``[t]he State Department has no greater responsibility than the protection of U.S. citizens overseas--particularly when Americans find themselves in the custody of a foreign government, facing an unfamiliar, and at times unfair, legal system.''. (3) Some United States citizens in the custody of a foreign government have been and continue to be denied fundamental due process and human rights under both local and international law by foreign government officials. (4) Mr. Jacob Ostreicher, who was detained in the notorious Palmasola prison in Santa Cruz de la Sierra, Bolivia, from June 4, 2011, until December 18, 2012, and was subsequently placed under house arrest, is one of the United States citizens who currently is enduring multiple, egregious, and continuous violations of his fundamental due process and human rights under both local and international law. (b) Sense of Congress.--It is the sense of Congress that foreign government officials responsible for violations of fundamental due process and human rights of United States citizens in the custody of a foreign government, as well as immediate family members of such officials, should not have the privilege of traveling to the United States while such violations are occurring. SEC. 3. DEPARTMENT OF STATE PROTECTION OF UNITED STATES CITIZENS ABROAD. (a) Training for Foreign Service Officers.--Subsection (a) of section 703 of the Foreign Service Act of 1980 (22 U.S.C. 4023) is amended-- (1) in the first sentence, by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2) The professional development program referred to in paragraph (1) shall include the following: ``(A) The protocol that members of the Service are to follow to protect the human rights and due process rights of United States citizens who are in the custody of a foreign government and who have notified the Department of State that one or more of such rights is being violated. ``(B) Information relating to the international human rights that may be relevant in the case of a United States citizen described in paragraph (1), including the right of an individual charged with a criminal offense to be presumed innocent until proven guilty according to law as stated in the International Covenant on Civil and Political Rights. ``(C) The means by which a member of the Service assigned to a new post in a foreign country will be informed of the legal rights of a United States citizen who is in the custody of the government of such country pursuant to the laws of such country.''. (b) Report to Congress.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the implementation of the new requirements of the professional development program required under paragraph (2) of subsection (a) of section 703 of the Foreign Service Act of 1980, as added by subsection (a)(2) of this section. SEC. 4. DENIAL OF ENTRY INTO THE UNITED STATES OF CERTAIN FOREIGN GOVERNMENT OFFICIALS. (a) Denial of Entry.--Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any foreign government official identified pursuant to subsection (d)(1)(C) or any immediate family members of such official. (b) Permanent Ban.--Notwithstanding any other provision of law, if any United States citizen identified pursuant to subsection (d)(1)(A) dies from any cause while in the custody of a foreign government, the government officials identified pursuant to subsection (d)(1)(C) in relation to such citizen and the immediate family members of such officials may not be issued any visa by the Secretary of State, and may not be admitted by the Secretary of Homeland Security, to the United States at any time on or after the date of the death of such citizen. (c) Current Visas Revoked.--Notwithstanding any other provision of law, the Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a) or (b) of this section. (d) Designation of Inadmissible Foreign Officials.-- (1) Report to congress.--Not later than 30 days after the date of the enactment of this Act and every 180 days thereafter for five years, the Secretary of State shall submit to the appropriate congressional committees a report that contains the following: (A) An identification of United States citizens who are in the custody of a foreign government and whose fundamental due process or human rights pursuant to the laws of such government or international standards binding on such government are being violated. (B) An identification of the fundamental due process or human rights violations that are being committed against the citizens identified in subparagraph (A). (C) A list of the government officials who, based on credible information, are responsible for the violations of, or are failing to fulfill their official responsibility to protect, the rights identified in subparagraph (B) of any citizen identified in subparagraph (A). (2) Additional reporting requirement.--In the case of each semi-annual report required under paragraph (1), the Secretary of State shall include a list of the names and titles of those government officials identified in subparagraph (C) of such paragraph, and the names and relationships of the immediate family members of such officials who were denied a visa or entry to the United States pursuant to subsection (a) or (b), or whose visa was revoked pursuant to subsection (c), during the immediately preceding 180-day period. (3) Form.--Each report required under paragraph (1) shall be submitted in unclassified form. (4) Exception for classified annex.--The name of a person to be included in each report required under paragraph (1) may be submitted in a classified annex only if the President-- (A) determines that it is in the best interest of a United States citizen identified pursuant to subparagraph (A) of such paragraph, or that it is vital for the national security interests of the United States to do so; (B) uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and (C) 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in such a classified annex despite any publicly available credible information indicating that the government official concerned is responsible for the violations of, or is failing to fulfill an official responsibility to protect, the rights of a United States citizen identified in subparagraph (A) of paragraph (1). (5) Public availability.--The unclassified portion of the report required under paragraph (1) shall be made available to the public and published in the Federal Register. (e) Removal From Report Designation.--A government official may be removed from the lists required under subsection (d)(1)(C) if the President determines and reports to the appropriate congressional committees not less than 15 days before the removal from any such list of such governmental official that-- (1) credible information exists that such government official is not responsible for the violations of, or is fulfilling any official responsibility to protect, the rights identified in subsection (d)(1)(B) of any United States citizen identified in subsection (d)(1)(A) who is in the custody of a foreign government; or (2) such citizen has been released. (f) Requests by Chairpersons and Ranking Members of Appropriate Congressional Committees.-- (1) In general.--Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being included on the list required under subsection (d)(1)(C), the President shall transmit a response to the chairperson and ranking member of the committee which made the request with respect to the status of such person. (2) Form.--The President may submit a response required under paragraph (1) in classified form if the President determines that it is in the best interest of a United States citizen identified pursuant to subsection (d)(1)(A), or that it is necessary for the national security interests of the United States to do so. (3) Removal.--If the President removes from the list required under subsection (d)(1)(C) a person who has been included on such list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to such removal decision. The President may transmit such information in classified form if the President determines that such is in the best interest of a United States citizen identified pursuant to subsection (d)(1)(A), or that it is in the national security interests of the United States. (g) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--The President shall publish the list required under subsection (d)(1)(C) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. PROHIBITION ON CERTAIN FOREIGN ASSISTANCE. Notwithstanding any other provision of law, no assistance may be provided to an agency, instrumentality, or other entity of a foreign government that, based on credible information, is responsible for the violation of, or is failing to fulfill a responsibility to protect, the rights identified in section 4(d)(1)(B) of a United States citizen identified in section 4(d)(1)(A). SEC. 6. EMBASSY WEBSITE POSTINGS. It is the sense of Congress that the website of the lead United States diplomatic or consular mission located in a country where a United States citizen identified in section 4(d)(1)(A) is in the custody of a foreign government should-- (1) prominently indicate that the fundamental due process or human rights of such citizen in the custody of the government of such country are being violated, and (2) provide sufficient details about the case of such citizen to alert other United States citizens of the potential dangers of visiting such country. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. (2) Immediate family members.--The term ``immediate family members'' means a spouse, daughter or son regardless of age, parent, brother, sister, and fiance or fiancee. (3) International standards.--The term ``international standards'' means standards specified in international agreements to which the country concerned is a party, taking into account any applicable reservations. (4) In the custody of a foreign government.--The term ``in the custody of a foreign government'' means to be incarcerated, under house arrest, or otherwise deprived of one's liberty, including through the refusal of permission to leave the country concerned, by the government of such country.

Justice for Imprisoned Americans Overseas Act of 2013 or Jacob's Law of 2013 - Amends the Foreign Service Act of 1980 to include in the Foreign Service professional development program training to protect the rights of U.S. citizens in foreign custody. Directs the Secretary of State to submit a semiannnual report to Congress for five years that identifies: (1) U.S. citizens imprisoned in foreign countries whose fundamental due process and human rights are being violated, (2) the due process and human rights violations that are being committed against such U.S. citizens, and (3) the government officials who are responsible for such violations or who are not fulfilling their official responsibility to protect such rights. Prohibits the Secretary of State from issuing any visa to, and the Secretary of Homeland Security (DHS) from permitting entry to the United States of, any such identified official and his or her immediate family members. Makes such ban permanent if an identified U.S. citizen dies while in foreign custody. Prohibits foreign assistance from being provided to an agency or other entity of a foreign government that is responsible for the violation of, or is failing to protect, the fundamental due process or human rights of an imprisoned U.S. citizen.

Jacob's Law of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Review Every Dollar Act of 2013''. TITLE I--FEDERAL PROGRAM SUNSET SEC. 101. LIMITATION ON REAUTHORIZATION OF FEDERAL PROGRAMS. (a) Enforcement.--(1) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, that reauthorizes any Federal program for a period of more than seven fiscal years. (2) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or any amendment thereto or conference report thereon, that establishes any new Federal program with an authorization of appropriations for a period of more than seven fiscal years. (b) Committee Review of Direct Spending Programs.--Not later than July 31 during the second session of each Congress, each standing committee of the House of Representatives and the Senate with legislative jurisdiction over any direct spending program shall apply the criteria set forth in section 102 to determine whether any such program should be modified, terminated, or reauthorized. SEC. 102. CRITERIA FOR REVIEW. Any committee of the House of Representatives or the Senate with jurisdiction over any program being reauthorized shall consider the following criteria in determining whether such program should be modified, terminated, or reauthorized: (1) The effectiveness and efficiency of the operation of the program. (2) Whether the program is cost effective. (3) Whether the original objectives of the program have been achieved. (4) Whether alternative methods exist to carry out the objectives of the program in a more cost effective manner. (5) The extent to which the program is duplicative or conflicts with other programs. (6) The potential benefits of consolidating this program with similar or duplicative programs. (7) The growth in cost per beneficiary or persons served by the program. (8) The extent to which any trends, developments, and emerging conditions may affect the problems or needs that the program is intended to address. (9) The extent it imposes mandates on State and local governments. (10) The extent it impedes sustainable economic growth. (11) The extent to which the program is a constitutionally authorized activity of the Government. TITLE II--DEFICIT REDUCTION ACCOUNTS SEC. 201. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT. (a) Discretionary Deficit Reduction Account.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``discretionary deficit reduction account ``Sec. 316. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain an account to be known as the `deficit reduction discretionary account'. The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the `deficit reduction balance'. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). ``(c) Crediting of Amounts to Account.-- ``(1) Whenever a Member of Congress offers an amendment to an appropriation bill to reduce new budget authority in any account or has the effect of reducing direct spending, that Member may state the portion of such reduction that shall be credited to-- ``(A) the deficit reduction balance; ``(B) used to offset an increase in new budget authority in any other account; or ``(C) allowed to remain within the applicable section 302(b) suballocation. ``(2) If no such statement is made, the amount of reduction in new budget authority resulting from the amendment shall be credited to the deficit reduction balance, as applicable, if the amendment is agreed to. ``(3) Except as provided by paragraph (4), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(4) When indicating the net amounts of reductions in new budget authority and outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to an appropriation bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the deficit reduction balance. ``(5) The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(d) Calculation of Savings in Deficit Reduction Accounts in the House of Representatives and Senate.-- ``(1) For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed. ``(2) For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3). ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations.''. SEC. 202. ESTABLISHMENT OF DIRECT SPENDING REDUCTION ACCOUNT. Title III of the Congressional Budget Act of 1974 (as amended by section 201) is further amended by adding at the end the following new section: ``direct spending deficit reduction account ``Sec. 317. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `deficit reduction direct spending account'. The account shall be divided into entries corresponding to the House of Representatives or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted concurrent resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the `first-year deficit reduction account' and the `five-year deficit reduction account' or the period covered by the resolution on the budget for that fiscal year, as applicable. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Calculation of Account Savings in House and Senate.--For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (d)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (d)(3) was included in the bill just engrossed. ``(d) Crediting of Amounts to Account.--(1) Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of budget authority for direct spending provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted concurrent resolution on the budget and in addition the portion of such reduction achieved in the first ten years covered by the most recently adopted concurrent resolution on the budget that shall be credited to the first-year deficit reduction balance and the five-year deficit reduction balance, as applicable, if the amendment is agreed to. ``(2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(3) When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the first year deficit reduction balance and the five-year deficit reduction balance. ``(4) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations.''. SEC. 203. CONFORMING AMENDMENT. 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 321 the following new items: ``Sec. 316. Discretionary deficit reduction account. ``Sec. 317. Direct spending deficit reduction account.''. TITLE III--GENERAL FUND TRANSFERS SEC. 301. BUDGET RULE RELATING TO TRANSFERS FROM THE GENERAL FUND OF THE TREASURY TO THE HIGHWAY TRUST FUND THAT INCREASE PUBLIC INDEBTEDNESS. For purposes of the Congressional Budget Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, the Rules of the House of Representatives, or the Standing Rules of the Senate, a bill or joint resolution, or an amendment thereto or conference report thereon, or any Act that transfers funds from the general fund of the Treasury to the Highway Trust Fund shall be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year the transfer occurs. TITLE IV--BUDGETING FOR ADMINISTRATIVE ACTIONS SEC. 501. REVIEW OF RULES REQUIRING NEW BUDGET AUTHORITY. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following: ``Sec. 559a. Review of rules requiring new budget authority ``(a) In General.--A rule made to carry out a direct spending program that would require new budget authority of not less than $100,000,000 for the fiscal year the rule takes effect or for any of the 9 fiscal years immediately succeeding that fiscal year may not take effect, except as provided in subsection (d). ``(b) Review by Office of Management and Budget of Proposed Rules.--Before the effective date of any rule, the Director of the Office of Management and Budget shall review the rule to determine if the rule is a rule described in subsection (a). If the Director determines that the rule is such a rule-- ``(1) the Director shall notify the agency making the rule-- ``(A) of that determination; and ``(B) the amount of the estimated new budget authority that the rule would require for the fiscal year in which the rule would take effect and the 9 fiscal years immediately succeeding that fiscal year; and ``(2) the agency may not undertake any further action pertaining to such rulemaking. ``(c) Periodic Review of Rules.--Beginning on the date that is one year after the date on which any rule takes effect, and annually thereafter, the Director of the Office of Management and Budget may make a determination as to whether the rule is a rule described in subsection (a). For purposes of this determination, the fiscal year the rule takes effect shall be deemed to be the fiscal year in which the Director makes the determination. If the Director determines that the rule is such a rule, the agency that issued the rule shall provide for a transition period of such length as the Director, in consultation with the agency, determines appropriate. At the end of that transition period, the rule shall cease to have effect. ``(d) Exceptions.--Notwithstanding any other provision of this section, a rule described in subsection (a) shall take effect or continue in effect-- ``(1) if the President submits written notice to the Congress that the President has determined that the rule should take effect or continue in effect because such rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement; or ``(2) when the new budget authority to carry out the rule is provided by law. ``(e) Treatment of Substantially Similar Rules.--A rule that does not take effect (or does not continue in effect) under this section may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date that the rule fails to take effect or fails to continue in effect. ``(f) Judicial Review.--Any determination under this section shall be subject to review under chapter 7 of this title. ``(g) Definitions.--The terms `new budget authority' and `direct spending' have the meanings given such terms under section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900). ``(h) Applicability.--This section shall apply only to rules for which the rulemakings are commenced after the date of enactment of the Review Every Dollar Act of 2013.''. (b) Cost of Projected Administrative Regulations.--Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating the second paragraph (37) as paragraph (39); and (2) by adding at the end the following new paragraph: ``(40) a separate statement of the cost of administrative rules that are projected to take effect during the fiscal year for which the budget is submitted.''. (c) Clerical Amendment.--The table of sections for chapter 5 of title 5, United States Code is amended by inserting after the item relating to section 559 the following new item: ``559a. Review of rules requiring new budget authority.''.

Review Every Dollar Act of 2013 - Makes it out of order in both chambers to consider any bill, joint resolution, or other measure that: (1) reauthorizes any federal program for more than seven fiscal years, or (2) establishes a new federal program that exceeds such period. Requires each standing congressional committee with legislative jurisdiction over any direct spending program by July 31 during the second session of each Congress to apply specified criteria to determine whether any such program should be modified, terminated, or reauthorized. Amends the Congressional Budget Act of 1974 to require each of the chairs of the congressional budget committees to maintain a deficit reduction discretionary account and a deficit reduction direct spending account. Prescribes procedures for the crediting to such accounts of the amounts of either discretionary or direct spending deficit reduction in any amendment to a bill that reduces the appropriate budget authority. Requires any measure or Act that transfers funds from the general fund of the Treasury to the Highway Trust Fund to be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year in which it occurs. Prohibits from taking effect, except according to a specified procedure, any rule made to carry out a direct spending program that would require new budget authority of at least $100 million for the fiscal year it takes effect or for any of the nine ensuing fiscal years. Limits exceptions to this prohibition to rules necessary: (1) because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, or for national security; or (2) to implement an international trade agreement. Requires also for such an exception that the new budget authority to carry it out is provided by law. Requires the Director of the Office of Management and Budget (OMB) to: (1) review proposed rules requiring new budget authority before their effective dates, and (2) take specified administrative steps to prevent further agency action pertaining to such rulemaking.

Review Every Dollar Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``SBA Trade Programs Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--SMALL BUSINESS TRADE POLICY Sec. 101. Develop and implement small business trade policies. Sec. 102. Establish an annual small business trade strategy. Sec. 103. Track small business exports and trade resource utilization. TITLE II--TRADE COMPLIANCE PROGRAMS Sec. 201. Trade Remedy and Dispute Assistance Initiative. Sec. 202. Patent Assistance and Intellectual Property Protections Initiative. TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES Sec. 301. Trade Adjustment Assistance Financing Initiative. Sec. 302. Technical resources for trade adjustment assistance. TITLE IV--EXPORT ASSISTANCE Sec. 401. Increase Small Business Administration participation at Export Assistance Centers. Sec. 402. Increase access to capital for small and medium-sized exporters. Sec. 403. Clerical amendment. TITLE V--AUTHORIZATION OF APPROPRIATIONS Sec. 501. Authorization of appropriations. TITLE I--SMALL BUSINESS TRADE POLICY SEC. 101. TRADE POLICY FOR SMALL BUSINESS. Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following: ``(h) Role in Trade Policy.-- ``(1) Recommendations.--The director of the Office shall present recommendations regarding small business exporters to trade negotiators. ``(2) Development of trade policies.--The director of the Office shall assist in the development of trade policies that increase opportunities for small businesses in domestic and foreign markets, including the removal of trade barriers. ``(3) Implementation of trade policies.--The director of the Office shall assist in the implementation of trade policies through relationships developed with Federal trade policymakers, particularly the United States Trade Representative, and transnational organizations, such as the Organization for Economic Co-operation and Development. ``(4) Small exporter promotion programs.--The director of the Office shall establish programs that will boost the export opportunities of entrepreneurs and encourage transnational organizations, such as the Organization for Economic Co- operation and Development, small exporter organizations, and ministries of foreign governments to support and publicize these programs. ``(5) Strategic alliances.-- ``(A) Congressional notification.--The director of the Office shall notify the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate of pending strategic alliances. ``(B) Follow-up activities.--The director of the Office shall ensure that planned and documented follow- up activities for strategic alliances increase trade opportunities for small businesses. ``(C) Strategic alliance defined.--In this paragraph, the term `strategic alliance' means a working relationship, entered into between the Small Business Administration and foreign national ministries representing small business concerns, for the purpose of strengthening trade between United States small businesses and foreign small businesses by establishing overseas networks and buyers.''. SEC. 102. ESTABLISH AN ANNUAL SMALL BUSINESS TRADE STRATEGY. Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act, is further amended by adding at the end the following: ``(i) Annual Small Business Trade Strategy.-- ``(1) In general.--The director of the Office shall develop and maintain a small business trade strategy that is contributed as part of the National Export Strategy developed by the Department of Commerce that includes at least the following components: ``(A) Strategies to increase small business export opportunities. The strategies shall include a specific strategy to increase small business export opportunities to the Asia Pacific Region. ``(B) Recommendations to increase the competitiveness of domestic small business industries in the global economy. ``(C) Recommendations to protect small businesses from unfair trade practices, including intellectual property violations. ``(D) Strategies to expand small business representation in United States trade policy formation and implementation. ``(E) Coordination efforts with the Trade Promotion Coordinating Committee of the Department of Commerce, as well as with Federal agencies that also provide trade financing to small businesses, such as the Overseas Private Investment Corporation and the Export- Import Bank. ``(2) Report.--At the beginning of each fiscal year, the director shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the small business trade strategy required by paragraph (1). The report shall cover, at a minimum, each of the components required by paragraph (1) and shall include specific policies and objectives and timelines to implement those policies and objectives.''. SEC. 103. TRACK SMALL BUSINESS EXPORTS AND TRADE RESOURCE UTILIZATION. Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act, is further amended by adding at the end the following: ``(j) Tracking System.-- ``(1) In general.--The director of the Office shall develop a system to track small business exports and the use by small businesses of Federal trade promotion resources. The director shall ensure that the system is consistent through each Federal agency member of the Trade Promotion Coordinating Committee. ``(2) Design emphasis.--The director shall give particular attention, in designing the system, to the tracking of data on the trade of services by small exporters, in consultation with the Department of Commerce. ``(3) Implementation.--The director shall work in consultation with members of the Trade Promotion Coordinating Committee to ensure that the system is implemented and that the results of the system are reported annually in the National Export Strategy conducted by the Trade Promotion Coordinating Committee.''. TITLE II--TRADE COMPLIANCE PROGRAMS SEC. 201. TRADE REMEDY AND DISPUTE ASSISTANCE INITIATIVE. Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act, is further amended by adding at the end the following: ``(k) Trade Remedy and Dispute Assistance Initiative.--The director of the Office shall design, and the district offices of the Administration shall implement, a program that provides technical assistance, counseling services, and reference materials to assist small businesses navigate the trade dispute and remedy processes. The program shall include-- ``(1) information on available resources, procedures, and requirements for trade remedy investigations; ``(2) an approach for district office staff to provide one- on-one assistance to small businesses involved in these activities; and ``(3) an identification of legal resources and other tools to ensure small businesses can navigate the trade dispute and remedy processes affordably.''. SEC. 202. PATENT ASSISTANCE AND INTELLECTUAL PROPERTY PROTECTIONS INITIATIVE. Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act, is further amended by adding at the end the following: ``(l) Patent Assistance and Intellectual Property Protections Initiative.--In consultation with the United States Patent and Trademark Office and the United States Copyright Office, the Office shall design counseling services, including identifying legal resources for small businesses to secure intellectual property protection in foreign countries. To implement the program, the Office shall collaborate with district office staff to provide on-on-one assistance to small businesses involved in these activities.''. TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES SEC. 301. TRADE ADJUSTMENT ASSISTANCE FINANCING INITIATIVE. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)(D) by inserting after ``paragraph (14)(A),'' the following: ``or to participate in a loan made under paragraph (16),''; and (2) in paragraph (16)-- (A) in subparagraph (D) by striking clauses (i) and (ii) and inserting the following: ``(i) is impacted by-- ``(I) increased competition with foreign firms in the relevant market; or ``(II) unfair trade practices, particularly intellectual property violations; and ``(ii) is injured by such impacts.''; and (B) by adding at the end the following: ``(E) Outreach and marketing.--The Administration shall increase outreach and marketing of international trade loans to district offices and private lenders.''. SEC. 302. TECHNICAL RESOURCES FOR TRADE ADJUSTMENT ASSISTANCE. Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act, is further amended by adding at the end the following: ``(m) Technical Resources for Trade Adjustment Assistance.-- ``(1) In general.--The director of the Office shall establish a comprehensive set of services to assist small business readjustment, including access to training, technology, marketing assistance, and research and information on domestic and global markets. ``(2) Implementation.--The Administrator shall, by regulation, establish such requirements as may be necessary to carry out paragraph (1). ``(3) Outreach.--The Office shall work with the district offices and the outreach business assistance centers of the Administration, including Small Business Development Centers, Women's Business Centers, and SCORE, to offer the set of services established under paragraph (1) to small businesses in their local communities.''. TITLE IV--EXPORT ASSISTANCE SEC. 401. INCREASE SMALL BUSINESS ADMINISTRATION PARTICIPATION AT EXPORT ASSISTANCE CENTERS. Section 22 of the Small Business Act (15 U.S.C. 649), as amended by this Act, is further amended by adding at the end the following: ``(n) Trade Finance Positions.-- ``(1) Additional trade finance specialists.-- ``(A) In general.--The Office, over the 1-year period beginning on the date of the enactment of this subsection, shall increase the number of trade finance specialists at Export Assistance Centers by at least 6 and thereafter shall maintain the number of such trade finance specialists at or above that number. Candidates for the positions are required to have sufficient qualifications and experiences. ``(B) Authorization of appropriations.--There are authorized to be appropriated to carry out subparagraph (A) such sums as may be necessary. ``(2) Filling vacant positions.--The Office, over the 3- month period beginning on the date of the enactment of this subsection, shall fill all trade finance positions that have been vacant since 2003. Candidates for the positions are required to have sufficient qualifications and experiences. ``(3) Filling gaps in high-export-volume areas.--The director of the Office shall-- ``(A) not later than 1 year after the date of the enactment of this subsection, carry out a national study to compare the rate of exports from each State and major metropolitan region to the availability of Administration staff participating in Export Assistance Centers in such State or region; ``(B) not later than 2 years after such date of enactment, design a formula to eliminate gaps between supply of, and demand for, such staff in areas with high export volumes; and ``(C) request the additional staff that are required to eliminate such gaps and place them in those areas.''. SEC. 402. INCREASE ACCESS TO CAPITAL FOR SMALL AND MEDIUM-SIZED EXPORTERS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (2)(D) by amending the heading to read as follows: ``Participation under export working capital and international trade programs''; and (2) in paragraph (3)-- (A) in subparagraph (A) by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; (B) by redesignating subparagraphs (B) and (C) as (C) and (D), respectively; (C) by inserting after subparagraph (A) the following: ``(B) if the total amount outstanding and committed (by participation or otherwise) solely for the purposes provided in paragraphs (14)(A) and (16) to the borrower from the business loan and investment fund established by this Act would exceed $2,250,000 (or if the gross loan amount would exceed $3,000,000), except as provided in subparagraph (C);''; and (D) in subparagraph (C) (as so redesignated) by striking ``$1,750,000, of which not more than $1,250,000'' and inserting ``$2,250,000, of which not more than $1,600,000''. SEC. 403. CLERICAL AMENDMENT. Section 22(c)(5) of the Small Business Act (15 U.S.C. 649) is amended by striking the period at the end and inserting a semicolon. TITLE V--AUTHORIZATION OF APPROPRIATIONS SEC. 501. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act. Passed the House of Representatives September 4, 2007. Attest: LORRAINE C. MILLER, Clerk. By Jorge E. Sorensen, Deputy Clerk.

SBA Trade Programs Act of 2007 - Title I: Small Business Trade Policy - (Sec. 101) Amends the Small Business Act to require the director of the Office of International Trade (Office) within the Small Business Administration (SBA) to: (1) present recommendations regarding small business exporters to trade negotiators; (2) develop trade policies that support small businesses in domestic and foreign markets; (3) implement trade policies through relationships developed with federal trade policymakers and transnational organizations; (4) establish programs to boost exports of entrepreneurs and encourage transnational organizations to support and publicize such programs; (5) notify the congressional small business committees of pending strategic alliances; and (6) engage in follow-up activities for strategic alliances increasing trade opportunities for small businesses. (Sec. 102) Requires the director to: (1) develop and maintain a small business trade strategy that is contributed as part of the National Export Strategy developed by the Department of Commerce; and (2) report such strategy to the small business committees. (Sec. 103) Requires the director to develop a system to track small business exports and the use by small businesses of federal trade promotion resources. Title II: Trade Compliance Programs - (Sec. 201) Requires the director to design a program that provides technical assistance, counseling services, and reference materials to assist small businesses in navigating the trade dispute and remedy processes. (Sec. 202) Directs the Office to design counseling services for small businesses taking legal action to secure intellectual property protection in foreign countries. Title III: Trade Adjustment Assistance for Small Businesses - (Sec. 301) Directs the SBA to increase outreach and marketing of international trade loans to district offices and private lenders. (Sec. 302) Requires the director to establish a comprehensive set of services to assist small business trade readjustment. Title IV: Export Assistance - (Sec. 401) Directs the Office to increase by at least six the number of trade finance specialists at Export Assistance Centers. Authorizes appropriations. Requires the director to carry out a national study to compare the rates of exports from each state and major metropolitan region to the availability of SBA staff participating in Export Assistance Centers in such state or region. (Sec. 402) Increases SBA loan limits for small and medium-sized exporters participating in export working capital and international trade programs. Title V: Authorization of Appropriations - (sec. 501) Authorizes appropriations.

To amend the Small Business Act to improve trade programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consolidation Prevention and Competition Promotion Act of 2017''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) competitive markets are critical to ensuring opportunity for all people in the United States; (2) when companies compete, businesses offer the highest quality and choice of goods for the lowest possible prices to consumers and other businesses; (3) competition fosters small business growth, reduces economic inequality, and spurs innovation; (4) concentration that leads to market power and anticompetitive conduct makes it more difficult for people in the United States to start their own businesses, depresses wages, and increases economic inequality; (5) undue market concentration also contributes to the consolidation of political power, undermining the health of democracy in the United States; (6) the anticompetitive effects of market power created by concentration include higher prices, lower quality, significantly less choice, reduced innovation, foreclosure of competitors, increased entry barriers, and monopsony power; (7) monopsony power-- (A) allows a firm to force suppliers of goods or services to cut their prices to unreasonably low levels, resulting in reduced business opportunities for suppliers and reduced availability and quality of products and services for consumers; and (B) can result in workers being forced to accept unreasonably low wages; (8) horizontal consolidation, vertical consolidation, and conglomerate mergers all have potential to cause anticompetitive harm; (9) unprecedented consolidation is reducing competition and threatens to place the American dream further out of reach for many consumers in the United States; (10) since 2008, firms in the United States have engaged in over $10,000,000,000,000 in mergers and acquisitions; (11) between 2010 and 2015, there was a 50-percent increase in the number of mergers and acquisitions reviewed by the Federal Trade Commission and the Antitrust Division of the Department of Justice; (12) the antitrust laws, particularly section 7 of the Clayton Act (15 U.S.C. 18), are the first line of defense against anticompetitive mergers; and (13) in recent years, some court decisions and enforcement policies have limited the vitality of the Clayton Act to prevent harmful consolidation by-- (A) discounting previously accepted presumptions that certain acquisitions are anticompetitive; (B) focusing inordinately on the impact on price of an acquisition in the short term; (C) underestimating the dangers that horizontal, vertical, and conglomerate mergers will lower quality, reduce choice, impede innovation, exclude competitors, increase entry barriers, or create monopsony power; and (D) requiring the government to prove harmful effects of a merger to a near certainty. (b) Purposes.--The purposes of this Act are to promote competition and prevent harmful consolidation by restoring the original intent of the Clayton Act to address the full range of anticompetitive harms, including-- (1) eliminating the requirement that a merger ``substantially'' lessens competition to clarify that the Clayton Act prohibits mergers that, as a result of consolidation, may materially lower quality, reduce choice, reduce innovation, exclude competitors, increase entry barriers, or increase price; (2) inserting the phrase ``materially'' to establish that the plaintiff need not show an acquisition may cause a substantial amount of harm to competition, but rather show that an acquisition may cause more than a de minimis amount of harm to competition; (3) amending the Clayton Act to include the term ``monopsony'' to clarify that an acquisition that tends to create a monopsony violates the Clayton Act; and (4) establishing simple, cost-effective decision rules that require the parties to certain acquisitions that either significantly increase consolidation or are extremely large bear the burden of establishing that the acquisition will not materially harm competition. SEC. 3. UNLAWFUL ACQUISITIONS. Section 7 of the Clayton Act (15 U.S.C. 18) is amended-- (1) in the first and second undesignated paragraphs, by striking ``substantially'' each place that term appears and inserting ``materially''; (2) by inserting ``or a monopsony'' after ``monopoly'' each place that term appears; and (3) by adding at the end the following: ``In a case brought by the United States, the Federal Trade Commission, or a State attorney general, a court shall determine that the effect of an acquisition described in this section may be materially to lessen competition or create a monopoly or a monopsony if-- ``(1) the acquisition would lead to a significant increase in market concentration in any line of commerce or in any activity affecting commerce in any section of the country; or ``(2)(A) the acquisition is not a transaction that is described in section 7A(c); and ``(B)(i) as a result of such acquisition, the acquiring person would hold an aggregate total amount of the voting securities and assets of the acquired person in excess of $5,000,000,000 (as adjusted and published for each fiscal year beginning after September 30, 2018, in the same manner as provided in section 8(a)(5) to reflect the percentage change in the gross national product for such fiscal year compared to the gross national product for the year ending September 30, 2017); or ``(ii)(I) the person acquiring or the person being acquired has assets, net annual sales, or a market capitalization greater than $100,000,000,000 (as so adjusted and published); and ``(II) as a result of such acquisition, the acquiring person would hold an aggregate total amount of the voting securities and assets of the acquired person in excess of $50,000,000 (as so adjusted and published), unless the acquiring and acquired person establish, by a preponderance of the evidence, that the effect of the acquisition will not be to tend to materially lessen competition or tend to create a monopoly or a monopsony. In this paragraph, the term `materially lessen competition' means more than a de minimis amount.''. SEC. 4. POST-SETTLEMENT DATA. Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding at the end the following: ``(l)(1) Each person who enters into an agreement with the Federal Trade Commission or the United States to resolve a proceeding brought under the antitrust laws or under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) regarding an acquisition with respect to which notification is required under this section shall, on an annual basis during the 5-year period beginning on the date on which the agreement is entered into, submit to the Federal Trade Commission or the Assistant Attorney General, as applicable, information sufficient for the Federal Trade Commission or the United States, as applicable, to assess the competitive impact of the acquisition, including-- ``(A) the pricing, availability, and quality of any product or service, or inputs thereto, in any market, that was covered by the agreement; ``(B) the source, and the resulting magnitude and extent, of any cost-saving efficiencies or any consumer benefits that were claimed as a benefit of the acquisition and the extent to which any cost savings were passed on to consumers; and ``(C) the effectiveness of any divestitures or any conditions placed on the acquisition in preventing or mitigating harm to competition. ``(2) The requirement to provide the information described in paragraph (1) shall be included in an agreement described in that paragraph. ``(3) The Federal Trade Commission, with the concurrence of the Assistant Attorney General, by rule in accordance with section 553 of title 5, United States Code, and consistent with the purposes of this section-- ``(A) shall require that the information described in paragraph (1) be in such form and contain such documentary material and information relevant to a proposed acquisition as is necessary and appropriate to enable the Federal Trade Commission and the Assistant Attorney General to assess the competitive impact of the acquisition under paragraph (1); and ``(B) may-- ``(i) define the terms used in this subsection; ``(ii) exempt, from the requirements of this section, information not relevant in assessing the competitive impact of the acquisition under paragraph (1); and ``(iii) prescribe such other rules as may be necessary and appropriate to carry out the purposes of this section.''. SEC. 5. OFFICE OF COMPETITION ADVOCATE. (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 company'' means any company that has, at any time, been required to make a filing under section 7A of the Clayton Act (15 U.S.C. 18a); (3) the term ``Office'' means the Office of the Competition Advocate established under subsection (b); (4) the term ``Chairman'' means the Chairman of the Commission; and (5) the term ``Commission'' means the Federal Trade Commission. (b) Establishment.--There is established within the Federal Trade Commission the Office of the Competition Advocate. (c) Competition Advocate.-- (1) In general.--The head of the Office shall be the Competition Advocate, who shall-- (A) report directly to the Chairman; and (B) be appointed by the Chairman, with the concurrence of a majority of the Commission, including at least 1 Commissioner who is not a member of the same political party of the majority members of the Commission, from among individuals having experience in advocating for the promotion of competition. (2) Compensation.--The annual rate of pay for the Competition Advocate shall be equal to the highest rate of annual pay for other senior executives who report to the Chairman of the Commission. (3) Limitation on service.--An individual who serves as the Competition Advocate may not be employed by the Commission-- (A) during the 2-year period ending on the date of appointment as Competition Advocate; or (B) during the 5-year period beginning on the date on which the person ceases to serve as the Competition Advocate. (d) Staff of Office.--The Competition Advocate, after consultation with the Chairman of the Commission, may retain or employ independent counsel, research staff, and service staff, as the Competition Advocate determines is necessary to carry out the functions, powers, and duties of the Office. (e) Duties and Powers.--The Competition Advocate shall-- (1) recommend processes or procedures that will allow the Federal Trade Commission and the Antitrust Division of the Department of Justice to improve the ability of each agency to solicit reports from consumers, small businesses, and employees about possible anticompetitive practices or adverse effects of concentration; (2) recommend practices in certain industries that merit antitrust investigation, but may not recommend practices in certain industries that do not merit antitrust investigation or are not anticompetitive; (3) publicly provide recommendations to other Federal agencies about administrative actions that may have anticompetitive effects and the potential harm to consumers if those actions are carried out; (4) publish periodic reports on-- (A) market concentration and its impact on the United States, local geographic areas, and different demographic and socioeconomic groups; and (B) the success of merger remedies required by the Department of Justice or the Federal Trade Commission in consent decrees; (5) collect data regarding concentration levels across industries and the impact and degree of antitrust enforcement; and (6) standardize the types and formats of data reported and collected. (f) Subpoena Authority.-- (1) In general.--The Competition Advocate may either require the submission of or accept voluntary submissions of periodic and other reports from any covered company for the purpose of assessing market concentration and its impact on the United States, local geographic areas, and different demographic and socioeconomic groups and on the success of merger enforcement. (2) Written finding.--Before issuing a subpoena to collect the information described in paragraph (1), the Competition Advocate shall make a written finding that-- (A) the data is required to carry out the functions of the Competition Advocate; and (B) the information is not available from a public source or another agency. (3) Mitigation of report burden.--Before requiring the submission of a report from any company required to make a filing under section 7A of the Clayton Act (15 U.S.C. 18a), the Competition Advocate shall-- (A) coordinate with other agencies or authority; and (B) whenever possible, rely on information available from such agencies or authority. (g) Data Center.-- (1) Establishment.--There is established within the Office the Data Center. (2) Duties.--The Data Center shall-- (A) collect, validate, and maintain data obtained from agencies, as defined in section 551 of title 5, United States Code, commercial data providers, publicly available data sources, and any covered company; and (B) prepare and publish, in a manner that is easily accessible to the public-- (i) a concentration database; (ii) a merger enforcement database; (iii) any other database that the Competition Advocate determines is necessary to carry out the duties of the Office; and (iv) the format and standards for Office data, including standards for reporting financial transaction and position data to the Office. (3) Regulations.--The Competition Advocate shall promulgate regulations relating to the collection and standardizing of data under paragraph (2). (4) Confidentiality.-- (A) In general.--The Data Center may not disclose any confidential data collected under paragraph (2). (B) Requirements.--Data obtained from an agency shall be subject to the same confidentiality requirements and protection as the agency providing the data. (C) Information security.--The Competition Advocate shall ensure that data collected and maintained by the Data Center are kept secure and protected against unauthorized disclosure.

Consolidation Prevention and Competition Promotion Act of 2017 This bill amends the Clayton Act to revise merger requirements. Specifically, the bill: prohibits a merger that materially (currently, substantially) lessens competition in more than a de minimis amount or tends to create a monopsony (a market situation in which there is only one buyer), shifts the burden of proof to the merging companies that their consolidation will not harm competition, requires companies that enter into a settlement agreement with the Federal Trade Commission (FTC) or Department of Justice regarding a merger to report information that allows the agencies to assess the competitive impact of the merger, and establishes the Office of the Competition Advocate within the FTC.

Consolidation Prevention and Competition Promotion Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Protection Volunteer Screening Assistance Act of 2000''. SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER ON VOLUNTEER SCREENING. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the following: ``TITLE VI--NATIONAL CENTER ON VOLUNTEER SCREENING ``SEC. 601. SHORT TITLE. ``This title may be cited as the `National Child Protection Volunteer Screening Assistance Act'. ``SEC. 602. FINDINGS. ``Congress finds the following: ``(1) More than 87,000,000 children are involved each year in activities provided by child and youth organizations which depend heavily on volunteers to deliver services through such activities. ``(2) The vast majority of activities provided to children by public and nonprofit private agencies and organizations result in the delivery of much needed services in safe environments that could not be provided without the assistance of virtually millions of volunteers, but abuses of children do occur. ``(3) Estimates of the incidence of child sexual abuse in child care settings, foster care homes, and schools range from 1 to 7 percent. ``(4) Although the incidence of child abuse may be relatively small, abuse traumatizes the victims and shakes public trust in care providers and organizations serving vulnerable populations. ``(5) Congress addressed concerns about this type of abuse by enacting the National Child Protection Act of 1993 and the Violent Crime Control Act of 1994, to set forth a framework through which States could authorize screening through criminal record checks of care providers, including volunteers who work with children, the elderly, and individuals with disabilities, but problems regarding the safety of children remain. ``(6) While State screening alone is sometimes adequate to conduct volunteer background checks, more extensive national criminal history checks using fingerprints are often advisable, especially when a prospective volunteer may have lived in more than 1 State. ``(7) The high cost for fingerprint background checks is unaffordable for organizations that use a large number of volunteers and, if such cost is passed on to volunteers, often discourages their participation. ``(8) The current system of retrieving national criminal background information on volunteers through an authorized agency of the State is cumbersome and often requires months before vital results are returned. ``(9) In order to protect children, volunteer agencies must currently depend on a convoluted, disconnected, and sometimes duplicative series of checks that leave children at risk. ``(10) A national volunteer screening center is needed to protect children by providing effective, efficient, and no-cost national criminal history background checks of volunteers who provide care through public and nonprofit private agencies and organizations. ``SEC. 603. DEFINITIONS. ``For purposes of this title: ``(1) Public or nonprofit private qualified entity.--The term `public or nonprofit private qualified entity' means an agency or organization, whether public or nonprofit, that provides care placement services, including an organization that licenses or certifies others to provide care placement services. ``(2) Volunteer provider.--The term `volunteer provider' means an individual who provides or seeks to provide services as a volunteer to a public or nonprofit private qualified entity. ``(3) National criminal background check system.--The term `national criminal background check system' means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification. ``(4) Child.--The term `child' has the meaning given such term in section 5(2) of the Child Protection Act of 1993. ``(5) State.--The term `State' has the meaning given such term in section 5(11) of the Child Protection Act of 1993. ``SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER SCREENING. ``The Attorney General, by making a grant to or a contract with a public agency or a nonprofit national organization, shall-- ``(1) establish a national center for volunteer screening designed-- ``(A) to serve as a point of contact for public and nonprofit private qualified entities to request a nationwide background check for the purpose of determining whether a volunteer provider has been convicted of a crime that bears upon the provider's fitness to have responsibilities for the safety and well-being of children; ``(B) to access and to review, either directly or indirectly, State and Federal criminal history records and registries through the national criminal history background check system, and any other appropriate system of criminal history information at no cost to the public or nonprofit private qualified entity or to the volunteer provider, on an expedited basis under guidelines conforming to section 3(b) of the Child Protection Act of 1993; ``(C) to provide criminal background check results to the public or nonprofit private qualified entity requesting a nationwide background within no more than 15 business days; and ``(D) to serve as a national resource center and clearinghouse to provide State and local governments, public and nonprofit private agencies, and individuals with information regarding volunteer screening; and ``(2) establish a National Volunteer Screening Task Force to be chaired by the Attorney General, which shall-- ``(A) be composed of-- ``(i) 2 employees of the Department of Justice appointed by the Attorney General; ``(ii) 2 employees of the Department of Health and Human Services appointed by the Secretary of Health and Human Services; ``(iii) 2 employees of the Federal Bureau of Investigation appointed by the Director of the Federal Bureau of Investigation; and ``(iv) 6 members of national organizations that represent nonprofit private qualified entities that use volunteer providers to serve children; and ``(B) oversee the work of the national center for volunteer screening and report at least annually to the President and the Congress with regard to the work of such center for volunteer screening and the progress of the States in complying with the Child Protection Act of 1993. ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $80,000,000 for fiscal year 2001 and such sums as may be necessary for fiscal years 2002, 2003, 2004, and 2005.''.

Directs the Attorney General, by making a grant to or a contract with a public agency or a nonprofit national organization, to: (1) establish a national center for volunteer screening (to serve as a point of contact for public and nonprofit private qualified entities to request a nationwide background check to determine whether a volunteer provider has been convicted of a crime that bears upon the provider's fitness to have responsibilities for the safety and well-being of children); and (2) establish a National Volunteer Screening Task Force. Authorizes appropriations.

National Child Protection Volunteer Screening Assistance Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Transparency and Accountability Act of 2011''. SEC. 2. DISCLOSURES TO THE SECURITIES AND EXCHANGE COMMISSION RELATING TO SANCTIONABLE ACTIVITIES. (a) In General.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection: ``(r) Disclosure of Certain Activities Relating to Iran, Terrorism, and the Proliferation of Weapons of Mass Destruction.-- ``(1) General disclosure required.--Each issuer required to file an annual or quarterly report under subsection (a) shall include with such report a statement of whether, during the period since the issuer made the last such report, the issuer or any affiliate of the issuer-- ``(A) engaged in an activity described in section 5 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note); ``(B) knowingly engaged in an activity described in subsection (c)(2) of section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) or knowingly violated regulations prescribed under subsection (d)(1) or (e)(1) of such section 104; or ``(C) knowingly conducted any transaction or dealing with-- ``(i) any person the property and interests in property of which are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transacting with persons who commit, threaten to commit, or support terrorism); ``(ii) any person the property and interests in property of which are blocked pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of mass destruction proliferators and their supporters); or ``(iii) any person on the list contained in Appendix A to part 560 of title 31, Code of Federal Regulations (commonly known as the `Iranian Transactions Regulations'). ``(2) Specific disclosure required.--If an issuer reports under paragraph (1) that the issuer or an affiliate of the issuer has engaged in any activity described in that paragraph, the issuer shall include with the statement required under that paragraph a detailed description of each such activity, including-- ``(A) the nature and extent of the activity; ``(B) the revenues and profits, if any, attributable to the activity; and ``(C) whether the issuer or the affiliate of the issuer (as the case may be) intends to continue the activity. ``(3) Investigation of disclosures.--When the Commission receives a report under paragraph (1) from an issuer that the issuer or an affiliate of the issuer has engaged in any activity described in that paragraph, the President shall-- ``(A) initiate an investigation into the possible imposition of sanctions under the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note), section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513), the Executive Orders or regulations specified in paragraph (1)(C), or any other provision of law; and ``(B) not later than 180 days after initiating such an investigation, make a determination with respect to whether sanctions should be imposed with respect to the issuer or the affiliate of the issuer (as the case may be). ``(4) Public disclosure of information.--The Commission shall promptly-- ``(A) make the information provided to the Commission under paragraphs (1) and (2) available to the public by posting the information on the Internet website of the Commission; and ``(B) provide a copy of that information to-- ``(i) the President; ``(ii) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and ``(iii) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(5) Sunset.--The provisions of this subsection shall terminate on the date that is 30 days after the date on which the President makes the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect with respect to reports required to be filed with the Securities and Exchange Commission after the date that is 90 days after the date of the enactment of this Act. SEC. 3. DEADLINE FOR REGULATIONS WITH RESPECT TO FINANCIAL INSTITUTIONS MAINTAINING ACCOUNTS FOR FOREIGN FINANCIAL INSTITUTIONS. Section 104(e)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (8513(e)(1)) is amended by striking ``The Secretary'' and inserting ``Not later than 90 days after the date of the enactment of the Iran Transparency and Accountability Act of 2011, the Secretary''.

Iran Transparency and Accountability Act of 2011 - Amends the Securities Exchange Act of 1934 to require securities issuers to disclose in their mandatory annual or quarterly reports to the Securities and Exchange Commission (SEC) whether they or their affiliates have: (1) engaged in certain activities relating to Iran, terrorism, and the proliferation of weapons of mass destruction; (2) knowingly engaged in specified activities, or knowingly violated certain regulations prescribed under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; (3) knowingly conducted any transaction or dealing with a person whose property and interests in property are blocked by certain Executive Orders; or (4) knowingly conducted a transaction or dealing with any person listed in the Iranian Transactions Regulations. Specifies the contents of mandatory disclosures. Requires the President to: (1) initiate an investigation into the possible imposition of sanctions when the SEC receives a report that an issuer or its affiliate has engaged in the cited activities; and (2) determine within 180 days of initiating an investigation whether sanctions should be imposed on the issuer or the affiliate concerned. Directs the SEC to make publicly available the information it has received, and to provide it to the President and to certain congressional committees. Requires promulgation within 90 days after enactment of this Act of regulations governing financial institutions maintaining accounts for foreign financial institutions.

A bill to require disclosure to the Securities and Exchange Commission of certain sanctionable activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Job Corps Centers Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Department of Labor's management of the Job Corps program has recently suffered from poor budgeting and financial management. The Office of Inspector General of the Department of Labor found that the Department had projected costs erroneously and managerial factors exacerbated the resulting budget shortfalls. (2) For nearly 50 years, the Job Corps program was overseen by a single individual appointed to a position in the Senior Executive Service. The management structure for the program has expanded to include 3 positions in the Senior Executive Service. This expansion has not contributed to better management of the program but has created uncertainty about roles and responsibilities, according to the May 31, 2013, report by the Office of Inspector General. (3) The Department of Labor has not been sufficiently transparent with Congress regarding policies that significantly affect constituents, particularly decisions to suspend enrollments or reduce the number of enrollees the Job Corps program serves. (4) An advisory board of Job Corps operational experts can assist the new leadership of the Department of Labor as the Department-- (A) addresses the structural challenges the Job Corps program faces in its administration; and (B) returns the program to the administrative and operational efficiency that characterized the program's first 50 years. (b) Sense of Congress.--It is the sense of Congress that-- (1) local Job Corps center operational experts should play an important role in ensuring the effective management by the Secretary of the Job Corps program, by informing the Office of Job Corps on the impact Federal decisions may have on Job Corps campuses; (2) the Job Corps program continues to produce results as the economy of the United States recovers and unemployment remains high, as more than 85 percent of Job Corps graduates obtain a job, enroll in higher education, or enlist in the military upon completion; and (3) the 125 Job Corps center campuses, which includes locations in nearly every State, have compiled an impressive record of preparing at-risk youth for the workforce or higher education, and in nearly 50 years, more than 3,000,000 youth have obtained, through the Job Corps program, the job and social skills needed to start a career or obtain further educational credentials. SEC. 3. JOB CORPS PROGRAM ADVISORY BOARD. (a) Establishment.-- (1) In general.--There is established in the Department of Labor the Job Corps Program Advisory Board (referred to in this section as the ``Advisory Board''). (2) Recommendations.--The Secretary, acting through the Assistant Secretary for Employment and Training, shall solicit and receive recommendations relating to the administration and management structure of the Job Corps program from the Advisory Board. (b) Membership.--The Advisory Board shall be composed of 5 members appointed by the Secretary, of whom-- (1) 1 shall be selected from recommendations submitted by the Board of Directors of the National Job Corps Association; and (2) 4 shall be selected from recommendations submitted by the chairpersons, in consultation with the ranking members, of the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (c) Qualifications.--A majority of the individuals appointed to the Board under subsection (b) shall have-- (1) backgrounds containing significant involvement in Job Corps managing operations; or (2) relevant management experience, in areas such as financial management, procurement and contract administration, and performance management, at a Job Corps center or at the regional or national level of the Job Corps program. (d) Period of Appointment; Vacancies.--Members of the Advisory Board shall serve for the life of the Advisory Board. Any vacancy in the Advisory Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Chairperson.--The Advisory Board shall select a Chairperson from among its members. (f) Duties of the Advisory Board.-- (1) Administration and management structure study and report.-- (A) Study.--The Advisory Board shall conduct a thorough study of all matters relating to the administration of and management structure for the Job Corps program. (B) Recommendations.--The Advisory Board shall develop recommendations on ways of improving the administration and management structure of the Job Corps program, including reducing to 1 the number of positions in the Senior Executive Service within the program. (C) Report.--Not later than 6 months after the date of enactment of this Act, the Advisory Board shall prepare and submit to the Secretary and the appropriate committees of Congress-- (i) a report that contains a detailed statement of the findings and conclusions of the Advisory Board; and (ii) recommendations for such legislation and administrative actions as the Advisory Board considers appropriate. (2) Recommendations.--The Advisory Board shall receive each report submitted under section 5(a)(2) and make recommendations to the Assistant Secretary relating to the administration and management structure for the Job Corps program in response to the report or to requests by the Secretary. (g) No Additional Compensation.-- (1) Voluntary service.--Each member of the Advisory Board shall serve without compensation in addition to any such compensation received for the member's service as an officer or employee of the United States, if applicable. (2) No travel expenses.--A member of the Advisory Board shall not be allowed travel expenses while away from the member's home or regular place of business in the performance of services for the Advisory Board. (h) Termination.--The Advisory Board shall terminate at the end of the 2-year period during which the Secretary is not required to submit any notification reports under section 5, unless the Secretary elects to extend the life of the Advisory Board for any additional period of time. SEC. 4. IMPROVED ADMINISTRATION AND MANAGEMENT STRUCTURE. (a) In General.--Not later than 60 days after receiving a report under section 3(f)(1), the Secretary shall take action to improve the administration and management structure of the Job Corps program, which actions shall include reducing to 1 the number of positions in the Senior Executive Service funded through the annual appropriations provided for the Job Corps program. The individual appointed to the position in the Senior Executive Service for the Job Corps program shall be responsible for the fiscal, program, and procurement oversight of the Job Corps program. (b) Budget Plan.--Not later than 90 days after receiving the report submitted under section 6, the Secretary shall prepare and submit a plan detailing how the Secretary will address and prevent any current or anticipated budget problem concerning the Job Corps program. The Secretary shall submit the plan to the appropriate committees of Congress. SEC. 5. NOTIFICATION REPORTS. (a) Report.-- (1) In general.--Not later than 120 days prior to implementation of a policy described in subsection (b), the Secretary, acting through the Assistant Secretary for Employment and Training, shall prepare, and submit to the appropriate committees of Congress, a report that contains a notification regarding the policy. (2) Submission to the advisory board.--The Secretary shall submit any report prepared under paragraph (1) to the Job Corps Program Advisory Board established under section 3 at the same time as such report is submitted to Congress, until the date on which the Advisory Board is terminated in accordance with section 3(h). (b) Policies Covered.--Subsection (a) applies to any policy implemented by the Department of Labor that would-- (1) suspend the enrollment of applicants to participate in the Job Corps program; (2) reduce the number of positions available for enrollees in the program; or (3) affect the closure of a Job Corps center. SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. The Comptroller General of the United States shall conduct a financial audit of the Job Corps program for fiscal years 2012 and 2013, and prepare and submit a report describing the results of the audit. Such audit shall contain a full review of the financial shortfalls relating to the program. The Comptroller General shall submit the report to the Secretary and the appropriate committees of Congress. SEC. 7. FUNDING. (a) In General.--Notwithstanding any other provision of law, the Secretary shall reserve funds appropriated for fiscal year 2013 for the Employment and Training Administration that have not been obligated as of the date of enactment of this Act, and shall use such funds to carry out the requirements of this Act. (b) Availability.--The funds reserved under this section shall remain available until expended. SEC. 8. DEFINITIONS. In this Act: (1) Job corps.--The term ``Job Corps'' means the Job Corps described in section 143 of the Workforce Investment Act of 1998 (29 U.S.C. 2882). (2) Job corps center.--The term ``Job Corps center'' means a center described in section 147 of the Workforce Investment Act of 1998 (29 U.S.C. 2887). (3) Secretary.--The term ``Secretary'' means the Secretary of Labor.

Securing Job Corps Centers Act - Expresses the sense of Congress with respect to the Job Corps program. Establishes the Jobs Corps Program Advisory Board in the Department of Labor. Directs the Board to conduct a study and develop recommendations for improving the administration and management structure of the Job Corps program. Directs the Secretary of Labor, acting through the Assistant Secretary for Employment and Training, to take actions to improve the administration and management structure of the Jobs Corps program, including reducing to one (currently, there are three) the number of Senior Executive Service positions within the program. Directs the Comptroller General (GAO) to conduct a financial audit of the Job Corps program for FY2012 and FY2013 and report the results to Congress.

Securing Job Corps Centers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Technology Development and Outreach Act''. SEC. 2. OUTREACH AND SUPPORT ACTIVITIES. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by inserting after subsection (r) the following: ``(s) Outreach and Support Activities.-- ``(1) In general.--Subject to the other provisions of this subsection, the Administrator shall make grants on a competitive basis to organizations, to be used by the organizations to do one or both of the following: ``(A) To conduct outreach efforts to increase participation in the programs under this section. ``(B) To provide application support and entrepreneurial and business skills support to prospective participants in the programs under this section. ``(2) Authorization of appropriations.--There is authorized to be appropriated to the Administrator $10,000,000 to carry out paragraph (1) for each of fiscal years 2010 and 2011. ``(3) Amount of assistance.--For each of subparagraphs (A) and (B) of paragraph (1), the amount of assistance provided to an organization under that subparagraph in any fiscal year-- ``(A) shall be equal to the total amount of matching funds from non-Federal sources provided by the organization; and ``(B) shall not exceed $250,000. ``(4) Direction.--An organization receiving funds under paragraph (1) shall, in using those funds, direct its activities at one or both of the following: ``(A) Small business concerns located in geographic areas that are underrepresented in the programs under this section. ``(B) Small business concerns owned and controlled by women, small business concerns owned and controlled by service-disabled veterans, and small business concerns owned and controlled by minorities. ``(5) Advisory board.-- ``(A) Establishment.--Not later than 90 days after the date of the enactment of this subsection, the Administrator shall establish an advisory board for the activities carried out under this subsection. ``(B) Non-applicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory board. ``(C) Members.--The members of the advisory board shall include the following: ``(i) The Administrator (or the Administrator's designee). ``(ii) For each Federal agency required by this section to conduct an SBIR program, the head of the agency (or the designee of the head of the agency). ``(iii) Representatives of small business concerns that are current or former recipients of SBIR awards, or representatives of organizations of such concerns. ``(iv) Representatives of service providers of SBIR outreach and assistance, or representatives of organizations of such service providers. ``(D) Duties.--The advisory board shall have the following duties: ``(i) To develop guidelines for awards under paragraph (1), including guidelines relating to award sizes, proposal requirements, measures for monitoring awardee performance, and measures for determining the overall value of the activities carried out by the awardees. ``(ii) To identify opportunities for coordinated outreach, technical assistance, and commercialization activities among Federal agencies, the recipients of the awards under paragraph (1), and applicants and recipients of SBIR awards, including opportunities such as-- ``(I) podcasting or webcasting for conferences, training workshops, and other events; ``(II) shared online resources to match prospective applicants with the network of paragraph (1) recipients; and ``(III) venture capital conferences tied to technologies and sectors that cross agencies. ``(iii) To review and recommend revisions to activities under paragraph (1). ``(iv) To submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science and Technology of the House of Representatives an annual report on the activities carried out under paragraph (1) and the effectiveness and impact of those activities. ``(6) Selection criteria.--In awarding grants under this subsection, the Administrator shall use selection criteria developed by the advisory board established under paragraph (5). The criteria shall include-- ``(A) criteria designed to give preference to applicants who propose to carry out activities that will reach either an underperforming geographic area or an underrepresented population group (as measured by the number of SBIR applicants); ``(B) criteria designed to give preference to applicants who propose to carry out activities that complement, and are integrated into, the existing public-private innovation support system for the targeted region or population; ``(C) criteria designed to give preference to applicants who propose to measure the effectiveness of the proposed activities; and ``(D) criteria designed to give preference to applicants who include a Small Business Development Center program that is accredited for its technology services. ``(7) Peer review.--In awarding grants under this subsection, the Administrator shall use a peer review process. Reviewers shall include-- ``(A) SBIR program managers for agencies required by this section to conduct SBIR programs; and ``(B) private individuals and organizations that are knowledgeable about SBIR, the innovation process, technology commercialization, and State and regional technology-based economic development programs. ``(8) Per-state limitations.-- ``(A) In general.--To be eligible to receive a grant under this subsection, the applicant must have the written endorsement of the Governor of the State where the targeted regions or populations are located (if the regions or populations are located in more than one State, the applicant must have the written endorsement of the Governor of each such State). Such an endorsement must indicate that the Governor will ensure that the activities to be carried out under the grant will be integrated with the balance of the State's portfolio of investments to help small business concerns commercialize technology. ``(B) Limitation.--Each fiscal year, a Governor may have in effect not more than one written endorsement for a grant under paragraph (1)(A), and not more than one written endorsement for a grant under paragraph (1)(B). ``(9) Specific requirements for awards.--In making awards under paragraph (1) the Administrator shall ensure that each award shall be for a period of 2 fiscal years. The Administrator shall establish rules and performance goals for the disbursement of funds for the second fiscal year, and funds shall not be disbursed to a recipient for such a fiscal year until after the advisory board established under this subsection has determined that the recipient is in compliance with the rules and performance goals.''. SEC. 3. RURAL PREFERENCE. Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(aa) Rural Preference.--In making awards under this section, Federal agencies shall give priority to applications so as to increase the number of SBIR and STTR award recipients from rural areas.''. SEC. 4. OBTAINING SBIR APPLICANT'S CONSENT TO RELEASE CONTACT INFORMATION TO ECONOMIC DEVELOPMENT ORGANIZATIONS. Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(bb) Consent To Release Contact Information to Organizations.-- ``(1) Enabling concern to give consent.--Each Federal agency required by this section to conduct an SBIR program shall enable a small business concern that is an SBIR applicant to indicate to the agency whether the agency has its consent to-- ``(A) identify the concern to appropriate local and State-level economic development organizations as an SBIR applicant; and ``(B) release the concern's contact information to such organizations. ``(2) Rules.--The Administrator shall establish rules to implement this subsection. The rules shall include a requirement that the agency include in its SBIR application forms a provision through which the applicant can indicate consent for purposes of paragraph (1).''. SEC. 5. INCREASED PARTNERSHIPS BETWEEN SBIR AWARDEES AND PRIME CONTRACTORS, VENTURE CAPITAL INVESTMENT COMPANIES, AND LARGER BUSINESSES. Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(cc) Increased Partnerships.-- ``(1) In general.--Each agency required by this section to conduct an SBIR program shall establish initiatives by which the agency encourages partnerships between SBIR awardees and prime contractors, venture capital investment companies, business incubators, and larger businesses, for the purpose of facilitating the progress of the SBIR awardees to the third phase. ``(2) Definition.--In this subsection, the term `business incubator' means an entity that provides coordinated and specialized services to entrepreneurial businesses which meet selected criteria during the businesses' startup phases, including providing services such as shared office space and office services, access to equipment, access to telecommunications and technology services, flexible leases, specialized management assistance, access to financing, mentoring and training services, or other coordinated business or technical support services designed to provide business development assistance to entrepreneurial businesses during these businesses' startup phases.''.

Rural Technology Development and Outreach Act - Amends provisions of the Small Business Act relating to the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program to direct the Administrator of the Small Business Administration (SBA) to make grants to organizations to: (1) conduct outreach efforts to increase participation in such programs; and (2) provide application, entrepreneurial, and business skills support to prospective program participants. Requires organizations receiving such funds to direct activities toward small businesses: (1) located in areas that are underrepresented in SBIR and STTR programs; or (2) owned and controlled by women, service-disabled veterans, and minorities. Directs the Administrator to establish an advisory board to carry out authorized activities. Provides a two-year period for each grant award. Requires federal agencies, in making SBIR and STTR grant awards, to prioritize applications so as to increase the number of recipients from rural areas. Directs each federal agency conducting an SBIR program to: (1) receive consent to identify the small business applicant to appropriate local and state economic development organizations; and (2) encourage partnerships between SBIR awardees and prime contractors, venture capital investment companies, business incubators, and larger businesses for the purpose of facilitating the progress of SBIR awardees to the third phase of the program.

To amend the Small Business Act to improve outreach and support activities and to increase award recipients from rural areas with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes.

SECTION 1. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT. (a) Elimination of Certain Personnel Management Authorities.-- Effective 90 days after the date of the enactment of this Act-- (1) section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is repealed and any authority of the Secretary of Homeland Security derived from such section 111(d) shall terminate; (2) any personnel management system, to the extent established or modified pursuant to such section 111(d) (including by the Secretary through the exercise of any authority derived from such section 111(d)) shall terminate; and (3) the Secretary shall ensure that all TSA employees are subject to the same personnel management system as described in subsection (e)(1) or (e)(2). (b) Establishment of Certain Uniformity Requirements.-- (1) System under subsection (e)(1).--The Secretary shall, with respect to any personnel management system described in subsection (e)(1), take any measures which may be necessary to provide for the uniform treatment of all TSA employees under such system. (2) System under subsection (e)(1).--Section 9701(b) of title 5, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) provide for the uniform treatment of all TSA employees (as defined in section 408(d) of the Implementing the 9/11 Commission Recommendations Act of 2007).''. (3) Effective date.-- (A) Provisions relating to a system under subsection (e)(1).--Any measures necessary to carry out paragraph (1) shall take effect 90 days after the date of the enactment of this Act. (B) Provisions relating to a system under subsection (e)(2).--Any measures necessary to carry out the amendments made by paragraph (2) shall take effect 90 days after the date of the enactment of this Act or, if later, the commencement date of the system involved. (c) Report to Congress.-- (1) Report required.--Not later than 6 months after the date of the enactment of this Act, the Government Accountability Office shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on-- (A) the pay system that applies with respect to TSA employees as of the date of the enactment of this Act; and (B) any changes to such system which would be made under any regulations which have been prescribed under chapter 97 of title 5, United States Code. (2) Matters for inclusion.--The report required under paragraph (1) shall include-- (A) a brief description of each pay system described in paragraphs (1)(A) and (1)(B), respectively; (B) a comparison of the relative advantages and disadvantages of each of those pay systems; and (C) such other matters as the Government Accountability Office considers appropriate. (d) TSA Employee Defined.--In this section, the term ``TSA employee'' means an individual who holds-- (1) any position which was transferred (or the incumbent of which was transferred) from the Transportation Security Administration of the Department of Transportation to the Department of Homeland Security by section 403 of the Homeland Security Act of 2002 (6 U.S.C. 203); or (2) any other position within the Department of Homeland Security the duties and responsibilities of which include carrying out one or more of the functions that were transferred from the Transportation Security Administration of the Department of Transportation to the Secretary by such section. (e) Personnel Management System Described.--A personnel management system described in this subsection is-- (1) any personnel management system, to the extent that it applies with respect to any TSA employees by virtue of section 114(n) of title 49, United States Code; and (2) any human resources management system, established under chapter 97 of title 5, United States Code.

Repeals certain personnel management authorities, including a provision authorizing the Under Secretary of Transportation for Security of the Transportation Security Administration (TSA) to employ and fix the compensation, terms, and conditions of employment for passenger and property screeners. Directs: (1) the Secretary of Homeland Security to take any measures necessary to provide for the uniform treatment of all TSA screeners; and (2) the Government Accountability Office (GAO) to report on the pay system that applies to such employees.

To provide certain personnel management requirements for the Transportation Security Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Sexual Abuse Prevention Act of 1994''. SEC. 2. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY. (a) Import Related Offense.--Chapter 110 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 2259. Production of sexually explicit depictions of a minor for importation into the United States ``(a) Use of Minor.--A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that the visual depiction will be imported into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c). ``(b) Use of Visual Depiction.--A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be punished as provided in subsection (c). ``(c) Penalties.--A person who violates subsection (a) or (b), or conspires or attempts to do so-- ``(1) shall be fined under this title, imprisoned not more than 10 years, or both; and ``(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.''. (b) Technical Amendment.-- (1) Chapter analysis.--The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by adding at the end the following new item: ``2259. Production of sexually explicit depictions of a minor for importation into the United States.''. (2) Fine provisions.--Section 2251(d) of title 18, United States Code, is amended-- (A) by striking ``not more than $100,000, or'' and inserting ``under this title,''; (B) by striking ``not more than $200,000, or'' and inserting ``under this title,''; and (C) by striking ``not more than $250,000'' and inserting ``under this title''. (c) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18, United States Code, is amended by striking ``this section'' the second place it appears and inserting ``this chapter or chapter 109A''. (d) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title 18, United States Code, is amended by striking ``this section'' and inserting ``this chapter or chapter 109A''. (e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title 18, United States Code, are each amended by inserting ``, or attempts or conspires to violate,'' after ``violates'' each place it appears. (f) RICO Amendment.--Section 1961(l) of title 18, United States Code, is amended by striking ``2251-2252'' and inserting ``2251, 2252, and 2259''. (g) Transportation of Minors.--Chapter 117 of title 18, United States Code, is amended-- (1) by adding at the end the following new section: ``Sec. 2425. Travel with intent to engage in a sexual act with a juvenile ``A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as defined in section 2245) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States shall be fined under this title, imprisoned not more than 10 years, or both.''; and (2) in the table of sections at the beginning, by adding at the end the following new item: ``2425. Travel with intent to engage in a sexual act with a juvenile.''. SEC. 3. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD PORNOGRAPHY. It is the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple possession of materials depicting a person under 18 years of age engaging in sexually explicit conduct (as defined in section 2256 of title 18, United States Code) and providing for a maximum imprisonment of at least 1 year and for the forfeiture of assets used in the commission or support of, or gained from, such offenses.

Child Sexual Abuse Prevention Act of 1994 - Amends the Federal criminal code to prohibit, and establish penalties for: (1) employing or inducing a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that such depiction will be imported into the United States or into waters within 12 miles of the coast of the United States; and (2) knowingly receiving, transporting, distributing, selling, or possessing with intent to transport, sell, or distribute such depiction, with such intent. Repeals the caps on fines for sexual exploitation of children. Subjects individuals who violate prohibitions against sexual exploitation of children (as under current law) or sexual abuse to a fine or imprisonment for up to ten years, or both, and a fine or from five to 15 years, or both, if such individual has a prior conviction of sexual abuse. Sets forth: (1) analogous provisions with respect to certain activities relating to material involving the sexual exploitation of children (as under current law) or sexual exploitation of minors; and (2) penalties for conspiring and attempting to violate such provisions. Makes violation of this Act a predicate offense to a violation of the Racketeer Influenced and Corrupt Organizations statute. Sets penalties for travel in interstate commerce with intent to engage in a sexual act with a person under age 18. Expresses the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple possession of materials depicting a person under age 18 engaging in sexually explicit conduct and providing for a maximum imprisonment of at least one year and the forfeiture of assets used in the commission or support of, or gained from, such offenses.

Child Sexual Abuse Prevention Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Healthcare Program Act of 2008''. SEC. 2. PURPOSES. It is the purpose of this Act to provide grants to States to-- (1) promote access to quality health and dental care for the medically underserved and uninsured through the commitment of volunteers; and (2) encourage and enable healthcare providers to provide health services to eligible individuals by providing sovereign immunity protection for the provision of uncompensated services. SEC. 3. GRANTS TO STATES TO ESTABLISH AND EVALUATE HEALTHCARE VOLUNTEER INDEMNITY PROGRAMS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399R. GRANTS TO STATES TO ESTABLISH AND EVALUATE HEALTHCARE VOLUNTEER INDEMNITY PROGRAMS. ``(a) In General.--The Secretary shall award a grant to an eligible State to enable such State to establish a demonstration program to-- ``(1) promote access to quality health and dental care for the medically underserved and uninsured through the commitment of volunteer healthcare providers; and ``(2) encourage and enable healthcare providers to provide health services to eligible individuals, and ensure that eligible individuals have the right to recover damages for medical malpractice (in accordance with State law) by providing sovereign immunity protection for the provision of uncompensated services. ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), a State shall-- ``(1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; ``(2) provide assurances that the State will not permit hospitals to enroll individuals seeking care in emergency departments into the State program; and ``(3) provide assurances that the State will provide matching funds in accordance with subsection (e). ``(c) Use of Funds.-- ``(1) In general.--A State shall use amounts received under a grant under this section to establish a demonstration program under which-- ``(A) the State will arrange for the provision of health and dental care to eligible individuals (as determined under subsection (d)) participating in the State program; ``(B) ensure that the health and dental care under paragraph (1) is provided by qualified healthcare providers that do not receive any form of compensation or reimbursement for the provision of such care; ``(C) sovereign immunity is extended to qualified healthcare providers (as defined in paragraph (2)) for the provision of care to eligible individuals under the State program under this section; ``(D) the State will agree not to impose any additional limitations or restrictions on the recovery of damages for negligent acts, other than those in effect on date of the establishment of the demonstration program; ``(E) the State will use more than 5 percent of amounts received under the grant to conduct an annual evaluation, and submit to the Secretary a report concerning such evaluation, of the State program and the activities carried out under the State program. ``(2) Qualified healthcare providers.-- ``(A) In general.--The term `qualified healthcare provider' means a healthcare provider described in subparagraph (B) that-- ``(i) is licensed by the State to provide the care involved and is providing such care in good faith while acting within the scope of the provider's training and practice; ``(ii) is in good standing with respect to such license and not on probation; ``(iii) is not, or has not been, subject to Medicare or Medicaid sanctions under title XVIII or XIX of the Social Security Act; and ``(iv) is authorized by the State to provide health or dental care services under the State program under this section. ``(B) Provider described.--A healthcare provider described in this subparagraph includes-- ``(i) an ambulatory surgical center; ``(ii) a hospital or nursing home; ``(iii) a physician or physician of osteopathic medicine; ``(iv) a physician assistant; ``(v) a chiropractic practitioner; ``(vi) a physical therapist; ``(vii) a registered nurse, nurse midwife, licensed practical nurse, or advanced registered nurse practitioner; ``(viii) a dentist or dental hygienist; ``(ix) a professional association, professional corporation, limited liability company, limited liability partnership, or other entity that provides, or has members that provide, health or dental care services; ``(x) a non-profit corporation qualified as exempt from Federal income taxation under section 501(c) of the Internal Revenue Code of 1986; and ``(xi) a federally funded community health center, volunteer corporation, or volunteer healthcare provider that provides health or dental care services. ``(d) Priority.--Priority in awarding grants under this section shall be given the States that will provide health or dental care under the State program under this section, to individuals that-- ``(1) have a family income that does not exceed 200 percent of the Federal poverty line (as defined in section 673(2) of the Community Health Services Block Grant Act) for a family of the size involved; ``(2) are not be covered under any health or dental insurance policy or program (as determined under applicable State law); and ``(3) are determined to be eligible for care, and referred for such care, by the State department of health or other entity authorized by the State for purposes of administering the State program under this section. ``(e) Provision of Information.--A State shall ensure that prior to the enrollment under a State program under this section, the individual involved shall be fully informed of the limitation on liability provided for under subsection (c)(1)(C) with respect to the provider involved and shall sign a waiver consenting to such care. ``(f) Matching Requirement.-- ``(1) In general.--The Secretary may not award a grant to a State under this section unless the State agrees, with respect to the costs to be incurred by the State in carrying out activities under the grant, to make available non-Federal contributions (in cash or in kind under paragraph (2)) toward such costs in an amount equal to not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. ``(2) Determination of amount of non-federal contribution.-- ``(A) In general.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(B) Maintenance of effort.--In making a determination of the amount of non-Federal contributions for purposes of paragraph (1), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose for which the grant was made for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under this section. ``(g) Administrative Provisions.-- ``(1) Amount of grant.--The amount of a grant under this section shall not exceed $600,000 per year for not more than 5 fiscal years. ``(2) Number of grants.--The Secretary shall not award more than 15 grants under this section. ``(h) Evaluation.--Not later than 3 years after the date of enactment of this section, and annually thereafter, the Secretary shall conduct an evaluation of the activities carried out by States under this section, and submit to the appropriate committees of Congress a report concerning the results of such evaluation. ``(i) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated such sums as may be necessary to carry out this section. ``(2) Evaluations.--The Secretary shall use 5 percent of the amount appropriated under paragraph (1) for each fiscal year to carry out evaluations under subsection (h).''.

Volunteer Healthcare Program Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award matching grants to states to establish demonstration programs to: (1) promote access to quality health and dental care for the medically underserved and uninsured through the commitment of volunteer health care providers; (2) encourage and enable health care providers to provide health services to eligible individuals; and (3) ensure that eligible individuals have the right to recover damages for medical malpractice by providing sovereign immunity protection for the provision of uncompensated services. Requires individuals to be fully informed of the limitation on liability provided for under such programs.

A bill to award grants for the establishment of demonstration programs to enable States to develop volunteer health care programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanotechnology in the Schools Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The rapidly growing field of nanotechnology is generating scientific and technological breakthroughs that will benefit society by improving the way many things are designed and made. (2) Nanotechnology is likely to have a significant, positive impact on the security, economic well-being, and health of Americans as fields related to nanotechnology expand. (3) In order to maximize the benefits of nanotechnology to individuals in the United States, the United States must maintain world leadership in the field of nanotechnology, including nanoscience and microtechnology, in the face of determined competition from other nations. (4) According to the National Science Foundation, foreign students on temporary visas earned 32 percent of all science and engineering doctorates awarded in the United States in 2003, the last year for which data is available. Foreign students earned 55 percent of the engineering doctorates. Many of these students expressed an intent to return to their country of origin after completing their study. (5) To maintain world leadership in nanotechnology, the United States must make a long-term investment in educating United States students in secondary schools and institutions of higher education, so that the students are able to conduct nanoscience research and develop and commercialize nanotechnology applications. (6) Preparing United States students for careers in nanotechnology, including nanoscience, requires that the students have access to the necessary scientific tools, including scanning electron microscopes designed for teaching, and requires training to enable teachers and professors to use those tools in the classroom and the laboratory. (b) Purpose.--The purpose of this Act is to strengthen the capacity of United States secondary schools and institutions of higher education to prepare students for careers in nanotechnology by providing grants to those schools and institutions to provide the tools necessary for such preparation. SEC. 3. DEFINITIONS. In this Act: (1) Eligible institution.--The term ``eligible institution'' means an institution that is-- (A) a public or charter secondary school that offers 1 or more advanced placement science courses or international baccalaureate science courses; (B) a community college, as defined in section 3301 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011); or (C) a 4-year institution of higher education or a branch, within the meaning of section 498 of the Higher Education Act of 1965 (20 U.S.C. 1099c), of such an institution. (2) Institution of higher education; secondary school; secretary.--The terms ``institution of higher education'', ``secondary school'', and ``Secretary'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Qualified nanotechnology equipment.--The term ``qualified nanotechnology equipment'' means equipment, instrumentation, or hardware that is-- (A) used for teaching nanotechnology in the classroom; and (B) manufactured in the United States at least 50 percent from articles, materials, or supplies that are mined, produced, or manufactured, as the case may be, in the United States. SEC. 4. PROGRAM AUTHORIZED. (a) In General.--The Director of the National Science Foundation (referred to in this Act as the ``Director'') shall establish a nanotechnology in the schools program to strengthen the capacity of eligible institutions to provide instruction in nanotechnology. In carrying out the program, the Director shall award grants of not more than $150,000 to eligible institutions to provide such instruction. (b) Activities Supported.-- (1) In general.--An eligible institution shall use a grant awarded under this Act-- (A) to acquire qualified nanotechnology equipment and software designed for teaching students about nanotechnology in the classroom; (B) to develop and provide educational services, including carrying out faculty development, to prepare students or faculty seeking a degree or certificate that is approved by the State, or a regional accrediting body recognized by the Secretary of Education; and (C) to provide teacher education and certification to individuals who seek to acquire or enhance technology skills in order to use nanotechnology in the classroom or instructional process. (2) Limitation.-- (A) Uses.--Not more than \1/4\ of the amount of the funds made available through a grant awarded under this Act may be used for software, educational services, or teacher education and certification as described in this subsection. (B) Programs.--In the case of a grant awarded under this Act to a community college or institution of higher education, the funds made available through the grant may be used only in undergraduate programs. (c) Applications and Selection.-- (1) In general.--To be eligible to receive a grant under this Act, an eligible institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (2) Procedure.--Not later than 180 days after the date of enactment of this Act, the Director shall establish a procedure for accepting such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. (3) Selection.--In selecting eligible institutions to receive grants under this Act, and encouraging eligible institutions to apply for such grants, the Director shall, to the greatest extent practicable-- (A) select eligible entities in geographically diverse locations; (B) encourage the application of historically Black colleges and universities (meaning part B institutions, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)) and minority institutions (as defined in section 365 of such Act (20 U.S.C. 1067k)); and (C) select eligible institutions that include institutions located in States participating in the Experimental Program to Stimulate Competitive Research (commonly known as ``EPSCoR''). (d) Matching Requirement and Limitation.-- (1) In general.-- (A) Requirement.--The Director may not award a grant to an eligible institution under this Act unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to \1/4\ of the amount of the grant. (B) Waiver.--The Director shall waive the matching requirement described in subparagraph (A) for any institution with no endowment, or an endowment that has a dollar value lower than $5,000,000, as of the date of the waiver. (2) Limitation.-- (A) Branches.--If a branch described in section 3(1)(C) receives a grant under this Act that exceeds $100,000, that branch shall not be eligible, until 2 years after the date of receipt of the grant, to receive another grant under this Act. (B) Other eligible institutions.--If an eligible institution other than a branch referred to in subparagraph (A) receives a grant under this Act that exceeds $100,000, that institution shall not be eligible, until 2 years after the date of receipt of the grant, to receive another grant under this Act. SEC. 5. ANNUAL REPORT AND EVALUATION. (a) Report by Institutions.--Each institution that receives a grant under this Act shall prepare and submit a report to the Director, not later than 1 year after the date of receipt of the grant, on its use of the grant funds. (b) Review and Evaluation.-- (1) Review.--The Director shall annually review the reports submitted under subsection (a). (2) Evaluation.--At the end of every third year, the Director shall evaluate the program authorized by this Act on the basis of those reports. The Director, in the evaluation, shall describe the activities carried out by the institutions receiving grants under this Act and shall assess the short- range and long-range impact of the activities carried out under the grants on the students, faculty, and staff of the institutions. (c) Report to Congress.--Not later than 6 months after conducting an evaluation under subsection (b), the Director shall prepare and submit a report to Congress based on the evaluation. In the report, the Director shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program carried out under this Act, as may be appropriate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director to carry out this Act $15,000,000 for fiscal year 2008, and such sums as may be necessary for fiscal years 2009 through 2011.

Nanotechnology in the Schools Act - Requires the Director of the National Science Foundation to establish a nanotechnology in the schools program awarding grants to public or charter secondary schools offering advanced science courses and to institutions of higher education, for the purchase of nanotechnology equipment and software and the provision of nanotechnology education to students and teachers.

A bill to strengthen the capacity of eligible institutions to provide instruction in nanotechnology.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mississippi Valley National Historical Park Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Mississippi Valley National Historical Park, Blytheville, Arkansas. Sec. 4. Transfer of jurisdiction, Eaker Air Force Base, for historical park. Sec. 5. Acquisition of Chickasawba Mound for inclusion in historical park. Sec. 6. Administration of historical park. SEC. 2. FINDINGS. Congress finds the following: (1) The central and lower Mississippi Valley region contained the highest population levels and the most complex Native American societies north of Mexico before the arrival of European peoples in the 16th century. (2) In addition, the Mississippi Valley has also hosted Spanish, French, English, and ultimately American societies at different times in the last 450 years. (3) Blytheville, Arkansas, is centrally located in the Mississippi Valley region. (4) Former Eaker Air Force Base, which is located outside of Blytheville, Arkansas, in the central Mississippi Valley region, is the site of 14 archaeological sites associated with Native Americans. (5) Because of its value in illustrating and interpreting the heritage of the United States, the largest of these archaeological sites, was recognized by the National Park Service as a National Historic Landmark in 1996. (6) Another archaeological site outside of Blytheville, Arkansas, the Chickasawba Mound, was placed on the National Register of Historic Places in 1984 because of its historic and archaeological resources. (7) These previous actions by the Department of the Interior recognize that these archaeological sites are likely to benefit, educate, and inspire present and future generations of Americans, but no unified heritage park for the central Mississippi Valley region exists within the National Park Service. (8) Blytheville, Arkansas, also possesses many other regionally and nationally significant natural, seismic, cultural, and recreational resources associated with the heritage of the central Mississippi Valley region. (9) The sites and resources associated with the heritage of the central Mississippi Valley region require recognition through the establishment of a national historical park for the central Mississippi Valley region as a unit of the National Park System. (10) As a result of the closing of Eaker Air Force Base in Blytheville, Arkansas, pursuant to the Defense Base Closure and Realignment Act of 1990, Federal land and facilities are readily available for the establishment of a national historical park for the central Mississippi Valley region to protect the archaeological sites located on the former military installation, as well as to preserve, maintain, and interpret the natural, seismic, cultural, and recreational heritage of the central Mississippi Valley region for the benefit, education, and inspiration of present and future generations of Americans. SEC. 3. MISSISSIPPI VALLEY NATIONAL HISTORICAL PARK, BLYTHEVILLE, ARKANSAS. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain properties in Blytheville, Arkansas, and its vicinity associated with the archaeological, natural, seismic, cultural, and recreational heritage of the Mississippi Valley region, there is established as a unit of the National Park System the Mississippi Valley National Historical Park in the State of Arkansas. (b) Boundaries.--The historical park shall consist of approximately 570 acres, including the real property transferred to the National Park Service at former Eaker Air Force Base under section 4 and the parcel of real property containing the archaeological site known as the Chickasawba Mound and authorized for acquisition under section 5. The boundaries of the historical park shall also include all property authorized to be acquired for inclusion in the park by any law enacted after the date of the enactment of this Act. SEC. 4. TRANSFER OF JURISDICTION, EAKER AIR FORCE BASE, FOR HISTORICAL PARK. (a) Transfer of Archaeological Sites.--The Secretary of Defense shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior the parcels of real property (including improvements thereon) located at former Eaker Air Force Base, Blytheville, Arkansas, consisting of the archaeological sites depicted on the map entitled ``Arkansas Aeroplex Archaeological Sites''. (b) Visitor and Administrative Sites.-- (1) Transfer required.--To preserve the historical character and landscape of the main features of the historical park, the Secretary of Defense also shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior an additional parcel of real property at former Eaker Air Force Base for the development of visitor, administrative, museum, curatorial, and maintenance facilities for the historical park. (2) Acreage limitation.--The parcel transferred under this subsection may not exceed 15 acres. (3) Selection.--The parcel to be transferred under this subsection shall be jointly selected by the Secretary of Defense and the Secretary of the Interior. (c) Use of Land.--The Secretary of the Interior shall use the real property transferred under this section as part of the historical park. (d) Legal Description.--The exact acreage and legal description of the real property to be transferred under this section shall be determined by a survey satisfactory to the Secretary of Defense. The cost of the survey shall be borne by the Secretary of the Interior. SEC. 5. ACQUISITION OF CHICKASAWBA MOUND FOR INCLUSION IN HISTORICAL PARK. The Secretary of the Interior may acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. SEC. 6. ADMINISTRATION OF HISTORICAL PARK. (a) Applicable Laws.--The Secretary of the Interior shall administer the historical park in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) Authorized.--The Secretary of the Interior may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. (2) Conditions.--Any payment made by the Secretary pursuant to such a cooperative agreement shall be subject to an agreement that conversion, use, or disposal of the project assisted under the cooperative agreement for purposes contrary to the purposes of the historical park, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such finds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Acquisition of Real Property.--Subject to sections 4 and 5, the Secretary of the Interior may acquire, within the boundaries of the historical park, real property with appropriated or donated funds, by donation, or by exchange for inclusion in the historical park.

Mississippi Valley National Historical Park Act of 2001 - Establishes the Mississippi Valley National Historical Park on the former Eaker Air Force Base in Blytheville, Arkansas.Directs the Secretary of Defense to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior certain archaeological sites (including improvements) located at the former base, including an additional parcel of real property for the development of visitor, administrative, museum, curatorial, and maintenance facilities.Authorizes the Secretary of the Interior to: (1) acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984; and (2) enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.

To preserve and protect archaeological sites and historical resources of the central Mississippi Valley through the establishment of the Mississippi Valley National Historical Park as a unit of the National Park System on former Eaker Air Force Base in Blytheville, Arkansas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Property Owners Access to Justice Act of 1997''. SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES. Section 1343 of title 28, United States Code, is amended by adding at the end the following: ``(c) Whenever a district court exercises jurisdiction under subsection (a), it shall not abstain from exercising or relinquish its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. ``(d) Where the district court has jurisdiction over an action under subsection (a) that cannot be decided without resolution of a significant but unsettled question of State law, the district court may certify the question of State law to the highest appellate court of that State. After the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. The district court shall not certify a question of State law under this subsection unless the question of State law-- ``(1) will significantly affect the merits of the injured party's Federal claim; and ``(2) is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. ``(e)(1) Any claim or action brought under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. ``(2) For purposes of this subsection, a final decision exists if-- ``(A) any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken, without regard to any uses that may be permitted elsewhere; and ``(B) the applicable statute, ordinance, regulation, custom, or usage provides for a right of appeal or waiver from such decision, and the party seeking redress has applied for, but has been denied, one such appeal or waiver. The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (B) if the prospects of success are reasonably unlikely and intervention by the district court is warranted to decide the merits. ``(3) For purposes of this subsection, a final decision shall not require the party seeking redress to exhaust judicial remedies provided by any State or territory of the United States.''. SEC. 3. UNITED STATES AS DEFENDANT. Section 1346 of title 28, United States Code, is amended by adding at the end the following: ``(h)(1) Any claim brought under subsection (a) that is founded upon a property right or privilege secured by the Constitution, but was allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. ``(2) For purposes of this subsection, a final decision exists if-- ``(A) the United States makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken, without regard to any uses that may be permitted elsewhere; and ``(B) an applicable law of the United States provides for a right of appeal or waiver from such decision, and the party seeking redress has applied for, but has been denied, one such appeal or waiver. The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (B), if the prospects of success are reasonably unlikely and intervention by the district court or the United States Court of Federal Claims is warranted to decide the merits.''. SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS. Section 1491(a) of title 28, United States Code, is amended by adding at the end the following: ``(3) Any claim brought under this subsection founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. For purposes of this paragraph, a final decision exists if-- ``(A) the United States makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken, without regard to any uses that may be permitted elsewhere; and ``(B) an applicable law of the United States provides for a right of appeal or waiver from such final decision, and the party seeking redress has applied for, but has been denied, one such appeal or waiver. The party seeking redress shall not be required to apply for an appeal or waiver described in subparagraph (B) if the prospects of success are reasonably unlikely and intervention by the United States Court of Federal Claims is warranted to decide the merits.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to actions commenced on or after the date of the enactment of this Act.

Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.

Property Owners Access to Justice Act of 1997

SECTION 1. FINDINGS. Congress finds that-- (1) fostering and protecting the highest possible standards of health care for the American people require-- (A) creative scientific inquiry and information exchanges in the medical sciences and the industries that serve the American people; (B) dissemination and debate of the results of such inquiry within the medical community; and (C) rapid development, testing, marketing approval, and accessibility of state-of-the-art health care products, such as drugs, biologics, and medical devices; (2) traditionally, free-flowing information exchanges between health professionals and the producers of health care products, with respect to potentially beneficial new uses of existing products, have been a means to achieve scientific advances and medical breakthroughs; (3) such information exchanges have been protected by law, but erroneous interpretation, application, and enforcement of existing law have inhibited and even foreclosed such information exchanges in recent years; and (4) it is imperative to the health of the American people to enact legislation to clarify the intent of Congress and the existing state of the law to stimulate and encourage such educational and scientific information exchanges among industry and health care practitioners. SEC. 2. INFORMATION EXCHANGE AMENDMENTS. Chapter III of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 et seq.) is amended by adding at the end thereof the following new sections: ``SEC. 311. DISSEMINATION OF TREATMENT INFORMATION ON DRUGS AND BIOLOGICAL PRODUCTS. ``(a) Dissemination of Treatment Information.-- ``(1) In general.--Notwithstanding sections 301(d), 502(f), 505, and 507 and section 351 of the Public Health Service Act (42 U.S.C. 262), and subject to the requirements of paragraph (2) and subsection (b), a person may disseminate to any person that is a health care practitioner or other provider of health care goods or services, a pharmacy benefit manager, a health maintenance organization or other managed health care organization, or a health care insurer or governmental agency, written information, or an oral or written summary of the written information, concerning-- ``(A) a treatment use for an investigational new drug or an investigational biological product approved by the Secretary for such treatment use; or ``(B) a use (whether or not such use is contained in the official labeling) of a new drug (including any antibiotic drug) or a biological product for which an approval of an application filed under section 505(b), 505(j), or 507, or a product license issued under the Public Health Service Act, is in effect. ``(2) Requirements.--A person may disseminate information under paragraph (1)(B) only if-- ``(A) the information is an unabridged-- ``(i) reprint or copy of a peer-reviewed article from a scientific or medical journal that is published by an organization that is independent of the pharmaceutical industry; or ``(ii) chapter, authored by an expert or experts in the disease to which the use relates, from a recognized reference textbook that is published by an organization that is independent of the pharmaceutical industry; ``(B) the text of the information has been approved by a continuing medical education accrediting agency that is independent of the pharmaceutical industry as part of a scientific or medical educational program approved by such agency; ``(C) the information relates to a use that is recognized under Federal law for purposes of third- party coverage or reimbursement, and-- ``(i) the text of the information has been approved by an organization referred to in such Federal law; or ``(ii) the information is part of a disease management program or treatment guideline with respect to such use; or ``(D) the information is an accurate and truthful summary of the information described in subparagraph (A), (B), or (C). ``(b) Disclosure Statement.--In order to afford a full and fair evaluation of the information described in subsection (a), a person disseminating the information shall include a statement that discloses-- ``(1) if applicable, that the use of a new drug or biological product described in subparagraph (A) or (B) of subsection (a)(1) and the information with respect to the use have not been approved by the Food and Drug Administration; ``(2) if applicable, that the information is being disseminated at the expense of the sponsor of the drug or biological product; ``(3) if applicable, that one or more authors of the information being disseminated are employees of or consultants to the sponsor of the drug or biological product; and ``(4) the official labeling for the drug and biological product, or in the case of a treatment use of an investigational drug or biological product, the investigator brochure and all updates thereof. ``(c) Definition.--As used in this section, the term `expense' includes financial, in-kind, and other contributions provided for the purpose of disseminating the information described in subsection (a). ``(d) Special Rule.--In the case of a professional disagreement between the Secretary and other qualified experts with respect to the application of section 502(a), the Secretary may not use section 502 to prohibit the dissemination of information in the types of circumstances and under the conditions set forth in subsections (a) and (b). ``SEC. 312. DISSEMINATION OF INFORMATION ON DEVICES. ``(a) Dissemination of Information.--Notwithstanding sections 301, 501(f), 501(i), 502(a), 502(f), and 502(o), or any other provision of law, and subject to subsections (b) and (c), a person may disseminate to any person that is a health care practitioner or other provider of health care goods or services, a pharmacy benefit manager, a health maintenance organization or other managed health care organization, or a health care insurer or governmental agency, written or oral information (including information exchanged at scientific and educational meetings, workshops, or demonstrations) relating to a use, whether or not the use is described in the official labeling, of a device produced by a manufacturer registered pursuant to section 510. ``(b) Disclosure Statements and Requirements.-- ``(1) Disclosure statements.--To the extent practicable, the requirement with respect to a statement of disclosure under subsection (b) of section 311 shall apply to the dissemination of written and oral information under this section, except that this paragraph shall not apply to the dissemination of written or oral information with respect to the intended use described in the labeling of a device. ``(2) Additional requirements.--A person may disseminate information under subsection (a) only if-- ``(A) the information is an unabridged-- ``(i) reprint or copy of a peer-reviewed article from a scientific or medical journal that is published by an organization that is independent of the medical device industry; or ``(ii) chapter, authored by an expert or experts in the medical specialty to which the use relates, from a recognized reference textbook that is published by an organization that is independent of the medical device industry; ``(B) the information has been approved by a continuing medical education accrediting agency that is independent of the medical device industry as part of a scientific or medical educational program approved by such agency; ``(C) the information relates to a use that is recognized under Federal law for purposes of third- party reimbursement, and-- ``(i) the text of the information has been approved by an organization referred to in such Federal law; or ``(ii) the information is part of a disease management program or treatment guideline with respect to such use; or ``(D) the oral or written information is-- ``(i) part of an exchange of information solely among health care practitioners, health care reimbursement officials, and the industry; ``(ii) exchanged for educational or scientific purposes; and ``(iii) presented at continuing medical education programs, seminars, workshops, or demonstrations. ``(3) Applicability.--The requirements under subsection (a)(1)(A) and (B) of section 311 shall not apply with respect to devices. ``(c) Information Dissemination Not Evidence of Intended Use.-- Notwithstanding section 502(a), 502(f), 502(o), or any other provision of law, the written or oral dissemination of information relating to a new use of a device, in accordance with this section, shall not be construed by the Secretary as evidence of a new intended use of the device that is different from the intended use of the device set forth on the official labeling of the device. Such dissemination shall not be considered by the Secretary as labeling, adulteration, or misbranding of the device.''. SEC. 3. PRESERVATION OF CURRENT POLICY. Nothing in this Act or the amendment made by this Act shall affect the ability of manufacturers to respond fully to unsolicited questions from health care practitioners and other persons about drugs, biological products, or devices.

Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to allow, notwithstanding specified provisions of the Public Health Service Act (PHSA), dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written information (or an oral or written summary thereof) concerning: (1) a treatment use for an investigational new drug or an investigational biological product approved for that use; or (2) a use (whether or not the use is contained in the official labeling) of a new drug or a biological product for which a new drug application, an abbreviated new drug application, a certification of an antibiotic drug, or a product license issued under the PHSA has been approved. Sets forth restrictions and requirements. Allows, notwithstanding any other provision of law, dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written or oral information relating to a use (whether or not described in the official labeling) of a device registered under specified FDCA provisions. Sets forth restrictions and requirements. Declares that, notwithstanding any other provision of law, the dissemination shall not be construed as evidence of a new intended use or considered as labeling, adulteration, or misbranding of the device.

A bill to amend the Federal Food, Drug, and Cosmetic Act to facilitate the dissemination to physicians of scientific information about prescription drug therapies and devices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Biofuel Investment Act of 2010''. SEC. 2. INVESTMENT TAX CREDIT FOR QUALIFIED ADVANCED BIOFUEL PRODUCTION PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (vi), by inserting ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) qualified advanced biofuel production property,''. (b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: ``(V) qualified advanced biofuel production property, and''. (c) Definitions.--Subsection (c) of section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Qualified advanced biofuel production property.-- ``(A) In general.--The term `qualified advanced biofuel production property' means property used in an advanced biofuel project. ``(B) Advanced biofuel project.-- ``(i) In general.--The term `advanced biofuel project' means a project certified by the Secretary of Energy as meeting the following requirements: ``(I) The sole and exclusive purpose of the project is to produce advanced biofuels for sale to unrelated persons (within the meaning of section 45(e)(4)). ``(II) The advanced biofuels produced will meet the requirements of section 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)). ``(III) The project will rely primarily on new or significantly improved technologies as compared to commercial technologies currently in service in the United States and used to produce advanced biofuels. ``(IV) Such other requirements as the Secretary of Energy by rule or regulation deems necessary to carry out the objectives of this section, including encouraging private investment in projects which provide the greatest net impact in avoiding or reducing air pollutants or anthropogenic emissions of greenhouse gases, have the greatest readiness for commercial employment, replication, and further commercial use in the United States, and will introduce new technologies and fuel production processes in the commercial market. ``(ii) Rule or regulation.--Rules or regulations issued by the Secretary of Energy under this subparagraph shall be issued not later than 120 days after the date of the enactment of this section. ``(C) Termination.--The term `qualified advanced biofuel production property' shall not include any property placed in service after December 31, 2014.''. (d) Grants in Lieu of Tax Credit.-- (1) In general.--Section 1603(d) of the American Recovery and Reinvestment Tax Act of 2009 is amended by inserting after paragraph (8) the following new paragraph: ``(9) Qualified advanced biofuel production property.--Any property described in clause (viii) of section 48(a)(3)(A).''. (2) Applicable percentage.--Section 1603(b)(2)(A) of such Act is amended by inserting ``and (9)'' after ``through (4)''. (3) Reinvestment of grant.--Section 1603 of such Act 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) Reinvestment of Certain Grants.--No grant for specified energy property described in subsection (d)(9) shall be made under subsection (a) unless the grant applicant certifies in the application that such payment shall be reinvested in such property not later than 12 months after the date of such payment.''. (e) Grant Includible in Income.--Section 48(d)(3) of the Internal Revenue Code of 1986 is amended by striking ``Any such grant'' and inserting ``Except for a grant for specified energy property described in subsection (d)(9) of such section 1603, any such grant''. (f) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Advanced Biofuel Investment Act of 2010 - Amends the Internal Revenue Code to allow a 30% energy tax credit for investment in qualified advanced biofuel production property. Defines "qualified advanced biofuel production property" as property used exclusively to produce advanced biofuels for sale to unrelated persons. Terminates such credit after 2014. Amends the American Recovery and Reinvestment Tax Act of 2009 to allow investors in advanced biofuel production property a grant in lieu of a tax credit for investment in such property. Requires grant recipients to reinvest in advanced biofuel production property within 12 months after receipt of a grant payment.

A bill to amend the Internal Revenue Code of 1986 to provide an investment tax credit for advanced biofuel production property.

of April 6, 1937 (56 Stat. 57, chapter 69; 7 U.S.C. 148 et seq.). (6) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 U.S.C. 149). (7) The Act of August 20, 1912 (commonly known as the ``Plant Quarantine Act'') (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.). (8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et seq.). (9) The Act of August 28, 1950 (64 Stat. 561, chapter 815; 7 U.S.C. 2260). (10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.), other than the first section and section 15 of that Act (7 U.S.C. 2801 note, 2814). (b) Effect on Regulations.--Regulations promulgated under the authority of a provision of law repealed by subsection (a) shall remain in effect until such time as the Secretary promulgates a regulation under section 306 that supersedes the earlier regulation. TITLE IV--FEDERAL COORDINATION SEC. 401. DEFINITIONS. In this title: (1) Action plan.--The term ``Action Plan'' means the National Invasive Species Action Plan developed and submitted to Congress under section 404, including any updates to the Action Plan. (2) Alien species.--The term ``alien species'' means, with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating the species, that is not native to that ecosystem. (3) Control.--The term ``control'' means-- (A) the suppression, reduction, or management of invasive species populations; (B) the prevention of the spread of invasive species from areas where the species are present; and (C) the taking of measures such as the restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions. (4) Council.--The term ``Council'' means the Invasive Species Council established by section 402. (5) Ecosystem.--The term ``ecosystem'' means the complex of a community of organisms and the community's environment. (6) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code, except that the term does not include an independent establishment (as defined in section 104 of title 5, United States Code). (7) Introduction.--The term ``introduction'' means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity. (8) Invasive species.--The term ``invasive species'' means an alien species the introduction of which causes or is likely to cause economic or environmental harm or harm to human health. (9) Native species.--The term ``native species'' means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in the ecosystem. (10) Species.--The term ``species'' means a group of organisms all of which-- (A) have a high degree of physical and genetic similarity; (B) generally interbreed only among themselves; and (C) show persistent differences from members of allied groups of organisms. (11) Stakeholder.--The term ``stakeholder'' means an entity with an interest in invasive species, including-- (A) a State, tribal, or local government agency; (B) an academic institution; (C) the scientific community; and (D) a nongovernmental entity, including an environmental, agricultural, or conservation organization, trade group, commercial interest, or private landowner. SEC. 402. INVASIVE SPECIES COUNCIL. (a) Establishment.--There is established an advisory council to be known as the ``Invasive Species Council''. (b) Membership.-- (1) In general.--The Council shall be composed of-- (A) the Secretary of State; (B) the Secretary of the Treasury; (C) the Secretary of Defense; (D) the Secretary of the Interior, who shall be a cochairperson of the Council; (E) the Secretary of Agriculture, who shall be a cochairperson of the Council; (F) the Secretary of Commerce, who shall be a cochairperson of the Council; (G) the Secretary of Transportation; (H) the Administrator of the Environmental Protection Agency; and (I) a representative of State government appointed by the National Governors' Association. (2) Other federal agency representatives.--The Council may-- (A) invite other representatives of Federal agencies to serve as members of the Council, including representatives from subcabinet bureaus or offices with significant responsibilities concerning invasive species; and (B) prescribe special procedures for the participation by those other representatives on the Council. (c) Duties.--The Invasive Species Council shall-- (1) provide national leadership regarding invasive species; (2) oversee the implementation of this title and make recommendations designed to ensure that the activities of Federal agencies concerning invasive species are coordinated, complementary, cost-efficient, and effective, relying to the maximum extent practicable on organizations addressing invasive species, such as-- (A) the Aquatic Nuisance Species Task Force established by section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721); (B) the Federal Interagency Committee for the Management of Noxious and Exotic Weeds; and (C) the Committee on Environment and Natural Resources of the Office of Science and Technology Policy; (3) encourage planning and action at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Action Plan, in cooperation with stakeholders and organizations addressing invasive species; (4) develop recommendations for international cooperation in addressing invasive species; (5) develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) concerning prevention and control of invasive species, including the procurement, use, and maintenance of native species in a manner designed to affect invasive species; (6) facilitate development of a coordinated network among Federal agencies to document, evaluate, and monitor impacts from invasive species on the economy, the environment, and human health; (7) facilitate establishment of a coordinated, up-to-date information-sharing system that-- (A) uses, to the maximum extent practicable, the Internet; and (B) facilitates access to and exchange of information concerning invasive species, such as-- (i) information on the distribution and abundance of invasive species; (ii) life histories of invasive species and invasive characteristics; (iii) economic, environmental, and human health impacts from invasive species; (iv) techniques for management of invasive species; and (v) laws and programs for management, research, and public education concerning invasive species; and (8) develop and submit to Congress the Action Plan. (d) Executive Director; Staff.--With the concurrence of the other cochairpersons, the Secretary of the Interior shall-- (1) appoint an Executive Director of the Council; and (2) provide staff and administrative support for the Council. SEC. 403. ADVISORY COMMITTEE. (a) Establishment.--The Secretary of the Interior shall-- (1) establish an advisory committee to provide information and advice for consideration by the Council; and (2) after consultation with other members of the Council, appoint members of the advisory committee to represent stakeholders. (b) Duties.--The duties of the advisory committee shall include making recommendations for plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Action Plan. (c) Cooperation.--The advisory committee shall act in cooperation with stakeholders and organizations addressing the problem of invasive species. (d) Administrative and Financial Support.--The Secretary of the Interior shall provide administrative and financial support for the advisory committee. SEC. 404. INVASIVE SPECIES ACTION PLAN. (a) In General.--Not later than 270 days after the date of enactment of this Act, the Council shall develop and submit to Congress a National Invasive Species Action Plan, which shall-- (1) detail and recommend performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species; (2) detail and recommend measures to be taken by the Council to carry out its duties under section 402; and (3) identify the personnel, other resources, and additional levels of coordination needed to achieve the goals and objectives of the Action Plan. (b) Public Participation and Coordination.--The Action Plan shall be-- (1) developed through a public process and in consultation with Federal agencies and stakeholders; and (2) coordinated with any State plans concerning invasive species. (c) Special Requirements for First Action Plan.-- (1) In general.--The first Action Plan submitted under subsection (a) shall-- (A) include a review of existing and prospective approaches and authorities for preventing the introduction and spread of invasive species, including approaches for-- (i) identifying pathways for the introduction of invasive species; and (ii) minimizing the risk of introductions by means of those pathways; and (B) identify research needs and recommend measures to minimize the risk that introductions will occur. (2) Recommended processes.--The measures recommended under paragraph (1)(B) shall provide for-- (A) a science-based process to evaluate risks associated with the introduction and spread of invasive species; and (B) a coordinated and systematic risk-based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. (3) Recommendations for legislation.--If any measure recommended under paragraph (1)(B) is not authorized by law in effect as of the date of the recommendation, the Council shall develop and submit to Congress legislative proposals for necessary changes in law. (d) Updates and Evaluations of Action Plan.--The Council shall-- (1) develop and submit to Congress biennial updates of the Action Plan; and (2) concurrently evaluate and report on success in achieving the goals and objectives specified in the Action Plan. (e) Response by Federal Agencies.--Not later than 18 months after the date of submission to Congress of the Action Plan, each Federal agency that is required to implement a measure recommended under subsection (a)(1) or (c)(1)(B) shall-- (1) take the recommended action; or (2) provide to the Council an explanation of why the action is not feasible. TITLE V--AUTHORIZATION OF APPROPRIATIONS SEC. 501. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as are necessary to carry out this Act. (b) Compensation.--Except as provided in section 106 and as specifically authorized by law, no part of the amounts appropriated under this section shall be used to provide compensation for property injured or destroyed by or at the direction of the Secretary. SEC. 502. TRANSFER AUTHORITY. (a) Authority To Transfer Certain Funds.--In connection with an emergency in which a plant pest or noxious weed threatens a segment of the agricultural production of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department of Agriculture such amounts as the Secretary considers necessary to be available in the emergency for the arrest, control, eradication, and prevention of the dissemination of the plant pest or noxious weed and for related expenses. (b) Availability.--Any funds transferred under this section shall remain available for such purposes until expended. (c) Conforming Amendments.--The first section of Public Law 97-46 (7 U.S.C. 147b) is amended-- (1) by striking ``plant pests or''; and (2) by striking ``section 102 of the Act of September 21, 1944, as amended (7 U.S.C. 147a), and''.

TABLE OF CONTENTS: Title I: Plant Protection Title II: Inspection and Enforcement Title III: Miscellaneous Provisions Title IV: Federal Coordination Title V: Authorization of Appropriations Noxious Weed Coordination and Plant Protection Act - Title I: Plant Protection - Prohibits a person from importing, exporting, or moving in interstate commerce an authorized plant pest. Authorizes the Secretary of Agriculture to permit such introduction or movement. Prohibits the unauthorized mailing, and knowing delivery by a mail carrier, of plant pests. (Sec. 102) Authorizes the Secretary to restrict the importation, movement, and means of conveyance of plants, plant products, biological control organisms, plant pests, and noxious weeds in order to prevent their U.S. introduction and interstate movement. Authorizes: (1) the Secretary to publish lists of noxious weeds and biological control agents; and (2) private petitions to add or remove listings. (Sec. 103) Directs the Secretary of the Treasury to notify the Secretary of such articles' arrival, and hold them at the port of entry until inspected and authorized for U.S. movement by the Secretary. Prohibits a person from moving unauthorized and uninspected articles from a port of entry or interstate. (Sec. 104) Authorizes: (1) the Secretary to take specified remedial and emergency measures either directly or by the owner, including treatment or disposal, to avoid dissemination of a plant pest or noxious weed; and (2) owner compensation for unauthorized disposals. (Sec. 107) Directs the Secretary to carry out a grasshopper and Mormon Cricket control program, including: (1) cost sharing for State and private land; and (2) personnel training. (Sec. 108) Authorizes the Secretary to make phytosanitary export certificates based upon foreign requirements. Title II: Inspection and Enforcement - Sets forth provisions with respect to: (1) inspections, warrants, and seizures, (2) information collection; (3) subpoena authority; (4) criminal and civil penalties; and (5) enforcement authority of the Attorney General. Title III: Miscellaneous Provisions - Authorizes the Secretary to enter into reimbursable fee agreements for preclearance outside the United States. (Sec. 304) States that this Act shall not apply to U.S. postal employees in the course of their duties. (Sec. 307) Repeals specified Acts. Title IV: Federal Coordination - Establishes the Invasive Species Council to provide national leadership regarding invasive species, including networking and other specified activities. Directs the Secretary of the Interior to establish a related advisory committee. Directs the Council to develop and submit to the Congress a national invasive species action plan. Title V: Authorization of Appropriations - Authorizes appropriations to carry out this Act.

Noxious Weed Coordination and Plant Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Anti-Corruption Act of 1997''. SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE. (a) Report and Certification.-- (1) In general.--Not later than March 1 of each year, the President shall submit to the appropriate committees a certification described in paragraph (2) and a report for each country that received foreign assistance under part I of the Foreign Assistance Act of 1961 during the fiscal year. The report shall describe the extent to which each such country is making progress with respect to the following economic indicators: (A) Implementation of comprehensive economic reform, based on market principles, private ownership, equitable treatment of foreign private investment, adoption of a legal and policy framework necessary for such reform, protection of intellectual property rights, and respect for contracts. (B) Elimination of corrupt trade practices by private persons and government officials. (C) Moving toward integration into the world economy. (2) Certification.--The certification described in this paragraph means a certification as to whether, based on the economic indicators described in subparagraphs (A) through (C) of paragraph (1), each country is-- (A) conducive to United States business; (B) not conducive to United States business; or (C) hostile to United States business. (b) Limitations on Assistance.-- (1) Countries hostile to united states business.-- (A) General limitation.--Beginning on the date the certification described in subsection (a) is submitted-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of a country that is certified as hostile to United States business pursuant to such subsection (a); and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in clause (i) has been made. (B) Duration of limitations.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (A) shall apply with respect to a country that is certified as hostile to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is no longer hostile to United States business. (2) Countries not conducive to united states business.-- (A) Probationary period.--A country that is certified as not conducive to United States business pursuant to subsection (a), shall be considered to be on probation beginning on the date of such certification. (B) Required improvement.--Unless the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a) and is committed to being conducive to United States business, beginning on the first day of the fiscal year following the fiscal year in which a country is certified as not conducive to United States business pursuant to subsection (a)(2)-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of such country; and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in subparagraph (A) has been made. (C) Duration of limitations.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (B) shall apply with respect to a country that is certified as not conducive to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is conducive to United States business. (c) Exceptions.-- (1) National security interest.--Subsection (b) shall not apply with respect to a country described in subsection (b) (1) or (2) if the President determines with respect to such country that making such funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (2) Other exceptions.--Subsection (b) shall not apply with respect to-- (A) assistance to meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (B) democratic political reform and rule of law activities; (C) the creation of private sector and nongovernmental organizations that are independent of government control; and (D) the development of a free market economic system. SEC. 3. TOLL-FREE NUMBER. The Secretary of Commerce shall make available a toll-free telephone number for reporting by members of the public and United States businesses on the progress that countries receiving foreign assistance are making in implementing the economic indicators described in section 2(a)(1). The information obtained from the toll-free telephone reporting shall be included in the report required by section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees.--The term ``appropriate committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Multilateral development bank.--The term ``multilateral development bank'' means the International Bank for Reconstruction and Development, the International Development Association, and the European Bank for Reconstruction and Development.

International Anti-Corruption Act of 1997 - Directs the President to certify annually to certain congressional committees as to whether each country receiving foreign assistance under the Foreign Assistance Act of 1961 is: (1) conducive to United States business; (2) not conducive to United States business; or (3) hostile to United States business. Prescribes foreign assistance limitations for countries hostile or not conducive to United States business. Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators; (2) eliminating corrupt trade practices by private persons and government officials; and (3) moving toward integration into the world economy. Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators.

International Anti-Corruption Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemember Mental Health Review Act''. SEC. 2. FINDINGS. (1) Since September 11, 2001, approximately 30,000 veterans have been separated from the Armed Forces on the basis of a personality disorder or adjustment disorder. (2) Nearly all veterans who are separated on the basis of a personality or adjustment disorder are prohibited from accessing service-connected disability compensation, disability severance pay, and disability retirement pay. (3) Many veterans who are separated on the basis of a personality or adjustment disorder are unable to find employment because of the ``personality disorder'' or ``adjustment disorder'' label on their Certificate of Release or Discharge from Active Duty. (4) The Government Accountability Office has found that the regulatory compliance of the Department of Defense in separating members of the Armed Forces on the basis of a personality or adjustment disorder was as low as 40 percent between 2001 and 2007. (5) The establishment of a Mental Health Discharge Board of Review to review the separation of veterans who are separated on the basis of a personality or adjustment disorder is warranted to ensure that any veteran wrongly separated on such basis will have the ability to access disability benefits and employment opportunities available to veterans. SEC. 3. DEPARTMENT OF DEFENSE REVIEW OF MILITARY SEPARATION ON BASIS OF A MENTAL CONDITION NOT AMOUNTING TO DISABILITY. (a) Review Required.--Chapter 79 of title 10, United States Code, is amended by inserting after section 1554a the following new section: ``Sec. 1554b. Review of separation on basis of mental condition not amounting to disability ``(a) In General.--(1) The Secretary of Defense shall oversee the establishment within the Office of the Secretary of each military department a board of review to review determinations previously made that covered individuals separated from the armed forces have a mental condition not amounting to disability. The board of each military department shall be known as the `Mental Health Discharge Board of Review'. ``(2) Each Mental Health Discharge Board of Review shall consist of not less than five members appointed by the Secretary. At least one licensed psychologist and one licensed psychiatrist who has not had any fiduciary responsibility to the Department of Defense since December 31, 2001, shall be appointed to the board. ``(3) The Secretary of a military department shall equip the Mental Health Discharge Board of Review established for that department with adequate administrative and behavioral health support staff. ``(b) Covered Individuals.--For purposes of this section, covered individuals are members and former members of the armed forces who have been separated from the armed forces since September 11, 2001, because of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder. ``(c) Notification of Availability of Review.--(1) The Secretary of Defense shall ensure, to the greatest extent practicable, that each covered individual receives oral and written notification of the right of the covered individual to the review by the appropriate Mental Health Discharge Board of Review of the separation of the covered individual from the armed forces. ``(2) The Secretary of the military department with jurisdiction over the armed force in which a covered individual served immediately before separation shall be responsible for providing to the covered individual the notification required by this subsection. The Secretary of Defense shall monitor compliance with this notification requirement and promptly notify Congress of any failures to comply. ``(3) If a covered individual does not receive notification under this subsection, the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual may file a request for the Mental Health Discharge Board of Review to review the separation of the covered individual from the armed forces. ``(d) Legal Counsel.--The notification required by subsection (c) shall-- ``(1) inform the covered individual of the right to obtain private counsel to represent the covered individual before the Mental Health Discharge Board of Review; and ``(2) include a list of organizations that may provide counsel at no cost to the covered individual. ``(e) Review.--(1) For each covered individual, the Mental Health Discharge Board of Review shall review-- ``(A) the findings of the psychologist or psychiatrist of the Department of Defense who diagnosed the mental condition; ``(B) the findings and decisions of the separation authority with respect to the covered individual; and ``(C) whether the separation authority correctly followed the process for separation as set forth in law, including regulations. ``(2) The review by the Mental Health Discharge Board of Review under paragraph (1) shall be based on the records of the Department of Defense and the Department of Veterans Affairs and such other evidence as may be presented to the Mental Health Discharge Board of Review. The board shall consider any and all evidence to be considered, including private mental health records submitted by the covered individual in support of the claim. ``(3) If the Mental Health Discharge Board of Review proposes, upon its own motion, to conduct a review under paragraph (1) with respect to a covered individual, the Mental Health Discharge Board of Review shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before proceeding with the review. ``(4) After the Mental Health Discharge Board of Review has completed the review under this subsection with respect to the separation of a covered individual, the board must provide the claimant with a statement of reasons concerning the board's decision. The covered individual has the right to raise with the board a motion for reconsideration if new evidence can be presented that would address the issues raised in the board's statement of reasons. ``(f) Authorized Recommendations.--The Mental Health Discharge Board of Review may, as a result of its findings in a review under subsection (e), recommend to the Secretary of the military department concerned the following (as applicable) with respect to a covered individual: ``(1) No negative recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual. ``(2) The recharacterization of the separation of such individual to retirement for disability. ``(3) The recharacterization of the separation of such individual-- ``(A) to separation for disability with entitlement to receive severance pay; ``(B) to separation upon expiration of term of service; or ``(C) to separation for convenience of the Government. ``(4) The issuance of a new disability rating for such individual. ``(g) Compliance With Administrative Procedure Act Transparency Requirement.--If the Mental Health Discharge Board of Review does not recommend under subsection (f)(2) a recharacterization of the separation of a covered individual to retirement for disability, the Mental Health Discharge Board of Review shall include a brief statement of the reasons why such a recommendation was not made. The recommendation and, if applicable, the brief statement shall be mailed to the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual. ``(h) Correction of Military Records.--(1) The Secretary of the military department concerned shall correct the military records of a covered individual in accordance with the recommendation made by the Mental Health Discharge Board of Review under subsection (f). Any such correction shall be made effective as of the date of the separation of the covered individual. ``(2) In the case of a covered individual previously separated with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such individual would be entitled based on the individual's military record as corrected shall be reduced to take into account receipt of such lump- sum or other payment in such manner as the Secretary of the military department concerned considers appropriate. ``(i) Regulations.--(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. ``(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1554a the following new item: ``1554b. Review of separation on basis of mental condition not amounting to disability.''. (c) Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall require the establishment of the Mental Health Discharge Boards of Review required under section 1554b of title 10, United States Code, as added by subsection (a) and prescribe the regulations required by subsection (i) of such section.

Servicemember Mental Health Review Act - Directs the Secretary of Defense (DOD) to establish within each military department a board of review to review determinations previously made that covered individuals separated from the Armed Forces have a mental condition not amounting to disability. Defines "covered individuals" as members and former members of the Armed Forces who have been separated from the Armed Forces since September 11, 2001, because of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder. Requires the Secretary to ensure that covered individuals receive notification of their right to a separation review by the appropriate Mental Health Discharge Board of Review. Requires the establishment of such Boards. Permits a Board to make specified recommendations to the Secretary with respect to a covered individual, including the recharacterization of the separation.

To amend title 10, United States Code, to require a review of the separation of members of the Armed Forces on the basis of a mental condition not amounting to disability, including separation on the basis of a personality or adjustment disorder.

SECTION 1. FINDINGS. Congress finds that the conveyance of the Properties described in section 4(b) to the Lessees of those Properties for fair market value would have the beneficial results of-- (1) reducing Pick-Sloan project debt for the Canyon Ferry Unit; (2) providing a permanent source of funding for projects that develop and maintain public recreation, and that conserve and enhance fish and wildlife opportunities in the State of Montana; (3) reducing Federal payments in lieu of taxes and associated management expenditures in connection with the Government's ownership of the Properties while increasing local tax revenues from the new owners; and (4) eliminating expensive and contentious disputes between the Secretary and leaseholders while ensuring that the Federal Government receives full and fair value for the acquisition of the Properties. SEC. 2. PURPOSE. The purpose of this Act is to establish terms and conditions under which the Secretary of the Interior shall, for fair market value, convey certain Properties around Canyon Ferry Reservoir, Montana, to the Lessees of those Properties. SEC. 3. DEFINITIONS. In this Act: (1) CFRA.--The term ``CFRA'' means Canyon Ferry Recreation Association, Incorporated, a Montana corporation. (2) Lessee.--The term ``Lessee'' means the leaseholder of 1 of the properties described in section 4(b) on the date of enactment of this Act and the leaseholder's heirs, executors, and assigns of their leasehold interest. (3) Property.--The term ``Property'' means 1 of the properties described in section 4(b). (4) Purchaser.--The term ``Purchaser'' means a person or entity, excluding CFRA, that purchases the 265 leaseholds under section 4. (5) Reservoir.--The term ``Reservoir'' means the Canyon Ferry Reservoir in the State of Montana. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. SALE OF LEASEHOLDS. (a) In General.--Subject to subsection (c) and notwithstanding any other provision of law, the Secretary shall sell at fair market value-- (1) all right, title, and interest of the United States in and to all (but not fewer than all) of the leaseholds described in subsection (b), subject to valid existing rights; and (2) easements for-- (A) vehicular access to each leasehold; (B) access to and the use of 1 dock per leasehold; and (C) access to and the use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of this Act. (b) Description of Leaseholds.-- (1) In general.--The leaseholds to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern portion of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; plus (B) any small parcels contiguous to the leaseholds (not including shoreline property or property needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate inholdings and facilitate administration of surrounding land remaining in Federal ownership. (2) Acreage; legal description.--The acreage and legal description of each Property shall be agreed on by the Secretary and CFRA. (c) Purchase Process.-- (1) In general.--The Secretary shall-- (A) solicit sealed bids for all of the leaseholds; (B) subject to paragraph (2), sell the leaseholds to the bidder that submits the highest bid above the minimum bid determined under paragraph (2); and (C) only accept bids for all 265 leaseholds. (2) Minimum bid.--Before accepting bids, the Secretary, in consultation with interested bidders, shall establish a minimum bid based on an appraisal of the fair market value of the leaseholds, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance by means of an appraisal conducted in conformance with the Uniform Standards of Professional Appraisal Practice. (3) Right of first refusal.--If the highest bidder is other than CFRA, CFRA shall have the right to match the highest bid and purchase the leaseholds at a price equal to the amount of that bid. (d) Terms of Conveyance.-- (1) Purchaser to extend option to purchase or to continue leasing.-- (A) In general.--The Purchaser shall give each leaseholder of record of a leasehold conveyed under this section an option to purchase the leasehold at fair market value as determined in subsection (c)(2). (B) Nonpurchasing lessees.-- (i) Right to continue lease.--A Lessee that is unable or unwilling to purchase a Property shall be permitted to continue to lease the Property for fair market value rent under the same terms and conditions as the existing leases, including the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) Compensation for improvements.--If a Lessee declines to purchase a leasehold, the Purchaser shall compensate the Lessee for the full market value, as determined pursuant to customary appraisal procedures, of all improvements made to the leasehold. The Lessee may sell the improvements to Purchaser at any time, but the sale shall be completed by the final termination of the lease, after all renewals as provided in clause (i). (2) Historical use.--The Purchaser shall honor the existing Property descriptions and historical use restrictions for the leaseholds. (3) Continuation of leases.-- (A) In general.--A Lessee that is unable or unwilling to purchase a leasehold shall be permitted to continue to lease the property pursuant to the terms and conditions of the lease, existing on the date of enactment of this Act. (B) Rental payments.--All rents received during the continuation of a lease under subparagraph (A) shall be paid to the Purchaser. (C) Limitation on right to transfer lease.--Subject to valid existing rights, a Lessee may not sell or otherwise assign or transfer the leasehold without purchasing the property from the Purchaser and conveying the fee interest in the property. (e) Administrative Costs.--Any reasonable administrative cost incurred by the Secretary incident to the conveyance under subsection (a) shall be reimbursed by the Purchaser or CFRA. (f) Timing.--The Secretary shall make every effort to complete the conveyance under subsection (a) not later than 1 year after the date of enactment of this Act. (g) Closing.--Real estate closings to complete the conveyance under subsection (a) may be staggered to facilitate the conveyance as agreed to by the Secretary and the Purchaser or CFRA. (h) Conveyance to Lessee.--Where the Lessee will purchase the leasehold from Purchaser or CFRA, the Lessee may request the Secretary to have the conveyance documents prepared in the Lessee's name or names in order to minimize the time and documents required to complete the closing for each leasehold. (i) Costs.--The Lessee shall reimburse CFRA for a proportionate share of the costs to CFRA in completing the transactions contemplated by this Act, including any interest charges.

Establishes the terms and conditions under which the Secretary of the Interior shall convey to the highest bidder properties including 265 cabin sites and certain small contiguous parcels of the Bureau of Reclamation around Canyon Ferry Reservoir, Montana, to private parties. Directs the Secretary, consistent with specified statutory provisions, to convey to the Canyon Ferry Recreation Association, Incorporated (CFRA) or another purchaser: (1) all right, title, and interest (except the mineral estate) of the United States in and to the properties, subject to valid existing rights and the operational requirements of the Pick-Sloan Missouri River Basin Program; and (2) perpetual easements for certain necessary access to such properties and its facilities and improvements. Directs the Secretary, the purchaser, CFRA, and the subsequent owner of each property to: (1) ensure that certain public access is maintained and unobstructed; and (2) covenant that each property's use restrictions be appurtenant to and run with such property, and be binding on each subsequent owner. Directs the Secretary, the purchaser, CFRA, and the subsequent owner of each property to covenant that future uses of the property shall be limited to the type and intensity of uses in existence on the date of this Act's enactment date, as limited by prohibitions contained in the annual operating plan of the Bureau for the Reservoir in effect on October 1, 1998. Grants CFRA the right to match the highest bid and purchase the properties. Sets forth provisions regarding terms of conveyance if the highest bidder is other than CFRA and CFRA does not match the highest bid, the rights and options of existing lessees, and applicable requirements if CFRA is the highest bidder or matches the highest bid. (Sec. 5) Sets forth provisions regarding management of the Silo's campground and concession income, and use of the proceeds of conveyances under this Act. (Sec. 7) Directs the Secretary to establish the Montana Fish and Wildlife Conservation Trust to acquire publicly accessible land and interests in land in the State for specified purposes. Establishes a Joint State-Federal agency Board. Directs the Secretary to nominate, and the Board to approve, a Citizen Advisory Board. (Sec. 8) Directs the Board of Commissioners for Broadwater County, Montana, to establish the Canyon Ferry-Broadwater County Trust as a perpetual public trust. (Sec. 9) Authorizes the Secretary to: (1) investigate, plan, construct, operate, and maintain public recreational facilities on land withdrawn or acquired for the development of the project; (2) conserve the scenery, the natural historic, paleontologic, and archaeologic objects, and the wildlife on the land; (3) provide for public use and enjoyment of the land and water areas created by the project; and (4) investigate, plan, construct, operate, and maintain facilities for the conservation of fish and wildlife resources. Makes the costs of carrying out this section nonreimbursable and nonreturnable under Federal reclamation law.

To establish terms and conditions under which the Secretary of the Interior shall convey leaseholds in certain properties around Canyon Ferry Reservoir, Montana.

SECTION 1. SHORT TITLE. This act may be cited as the ``American Travel Industry Stabilization Act''. SEC. 2. TRAVEL INDUSTRY DISASTER RELIEF. (a) In General.--Notwithstanding any other provision of law, the President shall take the actions described in subsection (b) to compensate eligible travel-related businesses. (b) Actions Described.-- (1) In general.--Subject to such terms and conditions as the President deems necessary, and upon application, the President is authorized to issue Federal credit instruments to eligible travel-related businesses described in subsection (c) that do not, in the aggregate, exceed $5,000,000,000 and provide the subsidy amounts necessary for such instruments in accordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (2) Time for application.--An application for a Federal credit instrument shall be filed by an eligible travel-related business not later then 60 days after the promulgation of regulations. (3) Terms of credit instruments.--A loan guaranteed under this Act may be used exclusively for the purpose of meeting obligations and expenses to the extent that an applicant demonstrates-- (A) business operations were directly and adversely affected by the events of September 11, 2001; (B) the loan guarantee is necessary to meet such obligations; (C) the inability of the applicant to meet such obligations or expenses is directly attributable to the impact of September 11, 2001; and (D) the applicant has the ability to repay the loan. (c) Definitions.--In this Act: (1) Eligible travel-related business.--The term ``eligible travel-related business'' means a business that was injured by the Government shutdown of the airline industry following the terrorist attacks on the United States that occurred on September 11, 2001, and that on such date-- (A) had a contractual arrangement with an air carrier to provide goods or services, including those with a contractual relationship with the Airline Reporting Corporation; or (B) was a non-aeronautical for-profit business operating at an airport engaged in the sale of consumer goods or services to the public under an arrangement with the airport or the airport's governing body. (2) Federal credit instrument.--The term ``Federal credit instrument'' means any guarantee or other pledge by the Board issued under section 2(b) to pledge the full faith and credit of the United States to pay all or part of any of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. (d) Emergency Designation.--Congress designates the amount of new budget authority and outlays in all fiscal years resulting from this Act as an emergency requirement pursuant to section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(e)). Such amount shall be available only to the extent that a request, that includes designation of such amount as an emergency requirement as defined in such Act, is transmitted by the President to Congress. SEC. 3. ADDITIONAL FUNCTIONS FOR THE AIRLINE STABILIZATION BOARD. (a) Definitions.--In this section: (1) Board.--The term ``Board'' means the Air Transportation Stabilization Board established under Public Law 107-42. (2) Financial obligation.--The term ``financial obligation'' means any note, bond, debenture, or other debt obligation issued by an obligor in connection with financing under this section and section 2(b). (3) Lender.--The term ``lender'' means any non-Federal qualified institutional buyer (as defined by section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulatory) known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933), including-- (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986 (26 U.S.C. 4974(c))) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. 414(d))) that is a qualified institutional buyer. (4) Obligor.--The term ``obligor'' means a party primarily liable for payment of the principal of, or interest on, a Federal credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or instrumentality. (b) Additional Functions To Stabilize the Travel Industry.--The Board shall review and make recommendations to the President with respect to applications for Federal credit instruments submitted under section 2(b). (c) Federal Credit Instruments.-- (1) In general.--The Board may enter into agreements with 1 or more obligors to issue Federal credit instruments under section 2(b) if the Board determines, in its discretion, that-- (A) the obligor is an entity in a travel-related business for which credit is not reasonably available at the time of the transaction; (B) the intended obligation by the obligor is prudently incurred; and (C) such agreement is a necessary part of maintaining a safe, efficient, and viable travel industry in the United States. (2) Terms and limitations.-- (A) Forms, terms, and conditions.--A Federal credit instrument shall be issued under section 2(b) in such form and such terms and conditions and contain such covenants, representatives, warranties, and requirements (including requirements for audits) as the Board determines appropriate, provided that-- (i) a loan shall be repaid over a period not to exceed 5 years from the date that the loan is guaranteed under this Act; (ii) the government guarantee shall cover not less than 80 percent of the value of the loan; (iii) loan guarantees under this Act shall be extended based upon the ability of the eligible travel-related business to repay the loan without regard to collateral; (iv) any loan origination fee may not exceed one percent of the loan value. (B) Procedures.--Not later than 14 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Board, shall issue regulations setting forth procedures for application and minimum requirements. (d) Financial Protection of Government.-- (1) In general.--To the extent feasible and practicable, as provided in paragraphs (2) and (3), the Board shall ensure that the Government is compensated for the risk assumed in making guarantees under this Act. (2) Government participation in gains.--To the extent to which any participating corporation accepts financial assistance, in the form of accepting the proceeds of any loans guaranteed by the Government under this Act, the Board is authorized to enter into contracts under which the Government, contingent on the financial success of the participating corporation, would participate in the gains of the participating corporation or its security holders through the use of such instruments as warrants, stock options, common or preferred stock, or other appropriate equity instruments. (3) Deposit in treasury.--All amounts collected by the Secretary of the Treasury under this subsection shall be deposited in the Treasury as miscellaneous receipts. (e) Authorization of Funds.--Congress authorizes and hereby appropriates such sums as are necessary to carry out the purposes of this Act.

American Travel Industry Stabilization Act - Directs the President to issue Federal credit instruments, amounting in the aggregate up to $5 billion, to compensate eligible travel-related businesses that were injured by the Government shutdown of the airline industry following the terrorist attacks on the United States that occurred on September 11, 2001.Requires the Air Transportation Stabilization Board to review and make recommendations to the President with respect to applications for such instruments. Sets forth certain Board and instrument requirements.

A bill to preserve the continued viability of the United States travel industry.

SECTION 1. SHORT TITLE. This Act may be cited as the ``E911 Surcharge Fairness Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Wireless E911 was established by Congress to provide for vital emergency communications systems for the benefit of end-users of mobile services and the public, and funding methods and surcharges are intended to be the responsibility of end-users and fair, equitable, and competitively neutral among all wireless providers and sellers of wireless service. (2) Wireless services have traditionally been offered on a monthly billed or postpaid basis, but in recent years the offering of wireless services on a ``pay as you go'' or prepaid basis, has grown to be a significant share of the wireless marketplace and this trend is continuing. (3) Wireless E911 has been typically funded in the postpaid model by a uniform monthly surcharge on customer bills, but prepaid mobile services are purchased by customers at retail on a ``pay-as-you-go'' basis, and there are no bills. (4) States have not adopted an effective uniform approach to collecting E911 surcharges from retail ``pay-as-you-go'' customers of mobile services, as has existed with postpaid mobile services, and solutions have ranged from imposing and collecting no surcharges from prepaid customers, to shifting the burden to pay the surcharge to providers and sellers of prepaid mobile services. The latter solution has resulted in unfair and inequitable treatment of the prepaid mobile service business model and reduced funding for E911. (5) Virtually all States require postpaid mobile service providers to simply put the State's E911 charge on their monthly bills, and such providers are statutorily exonerated from any failure to collect the E911 charge from such customers. Those same States require prepaid service providers and sellers to serve as a financial guarantor of collection from all prepaid mobile service customers, notwithstanding the fact that there is no feasible method of collection for such providers and sellers for most customers. (6) There needs to be a uniform feasible collection method for prepaid mobile service customers to contribute to States' E911 funds just as has been provided for postpaid customers via their monthly bills. (7) Congress, in House Report No. 110-442 and Senate Report No. 110-142, encouraged State and local governments to apply E911 fees equitably to communications services and to accommodate the prepaid mobile service business model. SEC. 3. E911 SURCHARGES. (a) In General.--Beginning on the date of enactment of this Act, no State or local jurisdiction shall impose a new unfair or inequitable E911 fee, tax, or surcharge (``E911 fee'') with respect to any prepaid mobile service, prepaid mobile service provider, or prepaid mobile service customer, nor shall it enforce a new or existing E911 fee in an unfair or inequitable manner. (b) Definitions.--In this Act: (1) E911 fee.--The term ``E911 fee'' means any 911 or E911 fee, tax, or surcharge specifically imposed or designated by a State or local jurisdiction for the support of 911 or E911 communications systems and related public safety purposes, whether or not actually appropriated and expended for such purposes. (2) Mobile service.--The term ``mobile service'' means commercial mobile radio service, as such term is defined in section 20.3 of title 47, Code of Federal Regulations, as in effect on the date of enactment of this Act, or any other service that is primarily intended for receipt on, transmission from, or use with a mobile telephone or other mobile device, including but not limited to the receipt of a digital good. (3) Prepaid mobile service.--The term ``prepaid mobile service'' means mobile service which is paid for in advance, is sold in predetermined units or dollars, or for use within a predetermined period of time, and without the issuance of a monthly or other periodic bill. (4) Postpaid mobile service.--The term ``postpaid mobile service'' means a mobile service which is paid for in arrears pursuant to monthly or other periodic billing arrangements. (5) New unfair or inequitable e911 fee.--The term ``new unfair or inequitable E911 fee'' means-- (A) any E911 fee that cannot be collected from end- users who are the intended payors of the E911 fees under the existing wireless business model of the prepaid mobile service provider; or (B) any E911 fee that is enforced in a manner that imposes strict liability on a prepaid mobile service provider for its inability to collect such E911 fee as prescribed in subparagraph (A). (6) Unfair or inequitable manner.--The term ``unfair or inequitable manner'' means-- (A) the imposition against a prepaid mobile service provider or seller of any E911 fee that the prepaid mobile service provider cannot collect from its end- user customers who are the intended payors of the fees under its existing wireless business model; (B) the enforcement of an E911 fee against a prepaid mobile service provider in a manner that creates strict liability for the prepaid mobile service provider or seller for its inability to collect as prescribed in subparagraph (A); or (C) the imposition of a E911 fee in a manner that results in the E911 fee being subject to other State or local taxes when such other State or local taxes are not equally imposed on the E911 fees paid by postpaid mobile service customers. (7) Provider.--The term ``provider'' means a telecommunications carrier as defined in section 1 of the Communications Act of 1934 (47 U.S.C. 153(44)) that offers mobile service.

E911 Surcharge Fairness Act of 2011 - Prohibits any state or local government from: (1) imposing a new unfair or inequitable E911 fee, tax, or surcharge with respect to any prepaid mobile service, provider, or customer; or (2) enforcing a new or existing E911 fee in an unfair or inequitable manner. Defines "E911 fee" as any 911 or E911 fee, tax, or surcharge specifically imposed or designated by a state or local government for the support of 911 or E911 communications systems and related public safety purposes. Defines as "unfair or inequitable" any E911 fee that: (1) cannot be collected from end-users who are the intended payors of the fees under the existing wireless business model of the prepaid mobile service provider, or (2) is enforced in a manner that imposes strict liability on a prepaid mobile service provider for its inability to collect such fee as so prescribed. Defines an "unfair or inequitable manner" as: (1) the imposition against a prepaid mobile service provider or seller of any E911 fee that the provider cannot collect from its end-user customers who are the intended payors of the fees under its existing wireless business model, (2) the enforcement of an E911 fee against a prepaid mobile service provider in a manner that creates strict liability for the provider or seller for its inability to collect as so prescribed, or (3) the imposition of a E911 fee in a manner that results in the fee being subject to other state or local taxes when such taxes are not equally imposed on the E911 fees paid by postpaid mobile service customers.

To ensure that State and local E911 fees, taxes, and surcharges are imposed in a fair and equitable manner with respect to prepaid mobile services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mount Hood Cooper Spur Land Exchange Clarification Act''. SEC. 2. COOPER SPUR LAND EXCHANGE CLARIFICATION AMENDMENTS. Section 1206(a) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1018) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``120 acres'' and inserting ``107 acres''; and (B) in subparagraph (E)(ii), by inserting ``improvements,'' after ``buildings,''; and (2) in paragraph (2)-- (A) in subparagraph (D)-- (i) in clause (i), by striking ``As soon as practicable after the date of enactment of this Act, the Secretary and Mt. Hood Meadows shall select'' and inserting ``Not later than 120 days after the date of enactment of the Mount Hood Cooper Spur Land Exchange Clarification Act, the Secretary and Mt. Hood Meadows shall jointly select''; (ii) in clause (ii), in the matter preceding subclause (I), by striking ``An appraisal under clause (i) shall'' and inserting ``Except as provided under clause (iii), an appraisal under clause (i) shall assign a separate value to each tax lot to allow for the equalization of values and''; and (iii) by adding at the end the following: ``(iii) Final appraised value.-- ``(I) In general.--Subject to subclause (II), after the final appraised value of the Federal land and the non-Federal land are determined and approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised value for a period of up to 3 years, beginning on the date of the approval by the Secretary of the final appraised value. ``(II) Exception.--Subclause (I) shall not apply if the condition of either the Federal land or the non- Federal land referred to in subclause (I) is significantly and substantially altered by fire, windstorm, or other events. ``(iv) Public review.--Before completing the land exchange under this Act, the Secretary shall make available for public review the complete appraisals of the land to be exchanged.''; and (B) by striking subparagraph (G) and inserting the following: ``(G) Required conveyance conditions.--Prior to the exchange of the Federal and non-Federal land-- ``(i) the Secretary and Mt. Hood Meadows may mutually agree for the Secretary to reserve a conservation easement to protect the identified wetland in accordance with applicable law, subject to the requirements that-- ``(I) the conservation easement shall be consistent with the terms of the September 30, 2015, mediation between the Secretary and Mt. Hood Meadows; and ``(II) in order to take effect, the conservation easement shall be finalized not later than 120 days after the date of enactment of the Mount Hood Cooper Spur Land Exchange Clarification Act; and ``(ii) the Secretary shall reserve a 24- foot-wide nonexclusive trail easement at the existing trail locations on the Federal land that retains for the United States existing rights to construct, reconstruct, maintain, and permit nonmotorized use by the public of existing trails subject to the right of the owner of the Federal land-- ``(I) to cross the trails with roads, utilities, and infrastructure facilities; and ``(II) to improve or relocate the trails to accommodate development of the Federal land. ``(H) Equalization of values.-- ``(i) In general.--Notwithstanding subparagraph (A), in addition to or in lieu of monetary compensation, a lesser area of Federal land or non-Federal land may be conveyed if necessary to equalize appraised values of the exchange properties, without limitation, consistent with the requirements of this Act and subject to the approval of the Secretary and Mt. Hood Meadows. ``(ii) Treatment of certain compensation or conveyances as donation.--If, after payment of compensation or adjustment of land area subject to exchange under this Act, the amount by which the appraised value of the land and other property conveyed by Mt. Hood Meadows under subparagraph (A) exceeds the appraised value of the land conveyed by the Secretary under subparagraph (A) shall be considered a donation by Mt. Hood Meadows to the United States.''.

. Mount Hood Cooper Spur Land Exchange Clarification Act (Sec. 2) This bill amends the Omnibus Public Land Management Act of 2009 to revise details of the Cooper Spur-Government Camp land exchange between the United States and Oregon. After the final appraised value of the federal and nonfederal lands is determined and approved by Department of Agriculture (USDA), the USDA shall not be required to reappraise or update that value for a period of up to three years, unless the condition of any of the lands is significantly and substantially altered by fire, windstorm, or other events. The bill revises conveyance conditions regarding reservation of a conservation easement to protect identified wetland, reservation of a nonexclusive trail easement, and equalization of values of the exchange properties.

Mount Hood Cooper Spur Land Exchange Clarification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Recovery Act of 1998''. SEC. 2. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS. Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following: ``SEC. 123. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS. ``(a) Findings; Purpose.-- ``(1) Findings.--Congress finds that-- ``(A) a modern infrastructure, including affordable housing, wastewater and water service, and advanced technology capabilities is a necessary ingredient of a modern society and development of a prosperous economy with minimal environmental impacts; ``(B) the Nation's rural areas face critical social, economic, and environmental problems, arising in significant measure from the growing cost of infrastructure development in rural areas that suffer from low per capita income and high rates of outmigration and are not adequately addressed by existing Federal assistance programs; and ``(C) the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable rural areas as social, economic, and political entities. ``(2) Purpose.--The purpose of this section is to provide for the development and maintenance of viable rural areas through the provision of affordable housing and community development assistance to eligible units of general local government and eligible Indian tribes in rural areas with excessively high rates of outmigration and low per capita income levels. ``(b) Definitions.--In this section: ``(1) Eligible unit of general local government.--The term `eligible unit of general local government' means a unit of general local government that is the governing body of a rural recovery area. ``(2) Eligible indian tribe.--The term `eligible Indian tribe' means the governing body of an Indian tribe that is located in a rural recovery area. ``(3) Grantee.--The term `grantee' means an eligible unit of general local government or eligible Indian tribe that receives a grant under this section. ``(4) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, group, and nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of the United States, which is considered an eligible recipient under the Indian Self-Determination and Education Assistance Act (Public Law 93-638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter. ``(5) Rural recovery area.--The term `rural recovery area' means any geographic area represented by a unit of general local government or an Indian tribe-- ``(A) the borders of which are not adjacent to a metropolitan area; ``(B) in which-- ``(i) the annual population outmigration level equals or exceeds 15 percent, as determined by Secretary of Agriculture; and ``(ii) the per capita income is less than that of the national nonmetropolitan average; and ``(C) that does not include a city with a population of more than 2,500. ``(6) Unit of general local government.-- ``(A) In general.--The term `unit of general local government' means any city, county, town, township, parish, village, borough (organized or unorganized), or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, Puerto Rico, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions that, except as provided in section 106(d)(4), is recognized by the Secretary; the District of Columbia; and the Trust Territory of the Pacific Islands. ``(B) Other entities included.--The term also includes a State or a local public body or agency (as defined in section 711 of the Housing and Urban Development Act of 1970), community association, or other entity, that is approved by the Secretary for the purpose of providing public facilities or services to a new community as part of a program meeting the eligibility standards of section 712 of the Housing and Urban Development Act of 1970 or title IV of the Housing and Urban Development Act of 1968. ``(c) Grant Authority.--The Secretary may make grants in accordance with this section to eligible units of general local government and eligible Indian tribes that meet the requirements of subsection (d) to carry out eligible activities described in subsection (f). ``(d) Eligibility Requirements.-- ``(1) Statement of rural development objectives.--In order to receive a grant under this section for a fiscal year, an eligible unit of general local government or eligible Indian tribe-- ``(A) shall-- ``(i) publish a proposed statement of rural development objectives and a description of the proposed eligible activities described in subsection (f) for which the grant will be used; and ``(ii) afford residents of the rural recovery area served by the eligible unit of general local government or eligible Indian tribe with an opportunity to examine the contents of the proposed statement and the proposed eligible activities published under clause (i), and to submit comments to the eligible unit of general local government or eligible Indian tribe, as applicable, on-- ``(I) the proposed statement and the proposed eligible activities; and ``(II) the overall community development performance of the eligible unit of general local government or eligible Indian tribe, as applicable; and ``(B) based on any comments received under subparagraph (A)(ii), prepare and submit to the Secretary-- ``(i) a final statement of rural development objectives; ``(ii) a description of the eligible activities described in subsection (f) for which a grant received under this section will be used; and ``(iii) a certification that the eligible unit of general local government or eligible Indian tribe, as applicable, will comply with the requirements of paragraph (2). ``(2) Public notice and comment.--In order to enhance public accountability and facilitate the coordination of activities among different levels of government, an eligible unit of general local government or eligible Indian tribe that receives a grant under this section shall, as soon as practicable after such receipt, provide the residents of the rural recovery area served by the eligible unit of general local government or eligible Indian tribe, as applicable, with-- ``(A) a copy of the final statement submitted under paragraph (1)(B); ``(B) information concerning the amount made available under this section and the eligible activities to be undertaken with that amount; ``(C) reasonable access to records regarding the use of any amounts received by the eligible unit of general local government or eligible Indian tribe under this section in any preceding fiscal year; and ``(D) reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of amounts received under this section from 1 eligible activity to another. ``(e) Distribution of Grants.-- ``(1) In general.--In each fiscal year, the Secretary shall distribute to each eligible unit of general local government and eligible Indian tribe that meets the requirements of subsection (d)(1) a grant in an amount described in paragraph (2). ``(2) Amount.--Of the total amount made available to carry out this section in each fiscal year, the Secretary shall distribute to each grantee the amount equal to the greater of-- ``(A) the pro rata share of the grantee, as determined by the Secretary, based on the combined annual population outmigration level (as determined by Secretary of Agriculture) and the per capita income for the rural recovery area served by the grantee; and ``(B) $250,000. ``(f) Eligible Activities.--Each grantee shall use amounts received under this section for 1 or more of the following eligible activities, which may be undertaken either directly by the grantee, or by any local economic development corporation, regional planning district, nonprofit community development corporation, or statewide development organization authorized by the grantee: ``(1) The acquisition, construction, repair, reconstruction, operation, maintenance, or installation of facilities for water and wastewater service or any other infrastructure needs determined to be critical to the further development or improvement of a designated industrial park. ``(2) The acquisition or disposition of real property (including air rights, water rights, and other interests therein) for rural community development activities. ``(3) The development of telecommunications infrastructure within a designated industrial park that encourages high technology business development in rural areas. ``(4) Activities necessary to develop and implement a comprehensive rural development plan, including payment of reasonable administrative costs related to planning and execution of rural development activities. ``(5) Affordable housing initiatives. ``(g) Performance and Evaluation Report.-- ``(1) In general.--Each grantee shall annually submit to the Secretary a performance and evaluation report, concerning the use of amounts received under this section. ``(2) Contents.--Each report submitted under paragraph (1) shall include a description of-- ``(i) publish a proposed statement of rural development objectives and a description of the proposed eligible activities described in subsection (f) for which the grant will be used; and ``(A) the eligible activities carried out by the grantee with amounts received under this section, and the degree to which the grantee has achieved the rural development objectives included in the final statement submitted under subsection (d)(1); ``(B) the nature of and reasons for any change in the rural development objectives or the eligible activities of the grantee after submission of the final statement under subsection (d)(1); and ``(C) any manner in which the grantee would change the rural development objectives of the grantee as a result of the experience of the grantee in administering amounts received under this section. ``(h) Retention of Income.--A grantee may retain any income that is realized from the grant, if-- ``(1) the income was realized after the initial disbursement of amounts to the grantee under this section; and ``(2) the-- ``(A) grantee agrees to utilize the income for 1 or more eligible activities; or ``(B) amount of the income is determined by the Secretary to be so small that compliance with subparagraph (A) would create an unreasonable administrative burden on the grantee. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 1999 through 2005.''.

Rural Recovery Act of 1998 - Amends the Housing and Community Development Act of 1974 to provide rural housing and community development assistance through rural recovery community development block grants to eligible local governments and Indian tribes in areas with high rates of outmigration and low per capita income. Authorizes appropriations.

Rural Recovery Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``IP-Enabled Voice Communications and Public Safety Act of 2005''. SEC. 2. EMERGENCY SERVICE. (a) 911 and E-911 Services.--Notwithstanding section 2(b) or any other provision of the Communications Act of 1934, the Commission shall prescribe regulations to establish a set of requirements or obligations on providers of IP-enabled voice service to ensure that 911 and E-911 services are available to customers to IP-enabled voice service. Such regulations shall include an appropriate transition period by which to comply with such requirements or obligations and take into consideration available industry technological and operational standards, including network security. (b) Non-Discriminatory Access to Capabilities.--Each entity with ownership or control of the necessary emergency services infrastructure shall provide any requesting IP-enabled voice service provider with nondiscriminatory access to their equipment, network, databases, interfaces and any other related capabilities necessary for the delivery and completion of 911 and E911 calls and information related to such 911 or E911 calls. Such access shall be consistent with industry standards established by the National Emergency Number Association or other applicable industry standards organizations. Such entity shall provide access to the infrastructure at just and reasonable, nondiscriminatory rates, terms and conditions. The telecommunications carrier or other entity shall provide such access to the infrastructure on a stand-alone basis. (c) State Authority.--Nothing in this Act, the Communications Act of 1934, or any Commission regulation or order shall prevent the imposition on or collection from a provider of voice services, including IP-enabled voice services, of any fee or charge specifically designated or presented as dedicated by a State, political subdivision thereof, or Indian tribe on an equitable, and non-discriminatory basis for the support of 911 and E-911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 and E-911 services or enhancements of such services. (d) Standard.--The Commission may establish regulations imposing requirements or obligations on providers of voice services, entities with ownership or control of emergency services infrastructure under subsections (a) and (b) only to the extent that the Commission determines such regulations are technologically and operationally feasible. (e) Customer Notice.--Prior to the compliance with the rules as required by subsection (a), a provider of an IP-enabled voice service that is not capable of providing 911 and E-911 services shall provide a clear and conspicuous notice of the unavailability of such services to each customer at the time of entering into a contract for such service with that customer. (f) Voice Service Provider Responsibility.--An IP-enabled voice service provider shall have the sole responsibility for the proper design, operation, and function of the 911 and E911 access capabilities offered to the provider's customers. (g) Parity of Protection for Provision or Use of IP-Enabled Voice Service.-- (1) Provider parity.--If a provider of an IP-enabled voice service offers 911 or E-911 services in compliance with the rules required by subsection (a), that provider, its officers, directors, employees, vendors, and agents, shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability that any local exchange company, and its officers directors, employees, vendors, or agents, have under the applicable Federal and State law (whether through statute, judicial decision, tariffs filed by such local exchange company, or otherwise), including in connection with an act or omission involving the release of subscriber information related to the emergency calls or emergency services to a public safety answering point, emergency medical service provider, or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility. (2) User parity.--A person using an IP-enabled voice service that offers 911 or E-911 services pursuant to this subsection shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law in similar circumstances of a person using 911 or E-911 service that is not provided through an IP-enabled voice service. (3) PSAP parity.--In matters related to IP-enabled 911 and E-911 communications, a PSAP, and its employees, vendors, agents, and authorizing government entity (if any) shall have immunity or other protection from liability of a scope and extent that is not less than the scope and extent of immunity or other protection from liability under applicable law accorded to such PSAP, employees, vendors, agents, and authorizing government entity, respective, in matters related to 911 or E-911 communications that are not provided via an IP- enabled voice service. (h) Delegation Permitted.--The Commission may, in the regulations prescribed under this section, provide for the delegation to State commissions of authority to implement and enforce the requirements of this section and the regulations thereunder. SEC. 3. MIGRATION TO IP-ENABLED EMERGENCY NETWORK. Section 158 of the National Telecommunications and Information Administration Organization Act (as added by section 104 of the ENHANCE 911 Act of 2004) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Migration Plan Required.-- ``(1) National plan required.--No more than 18 months after the date of the enactment of the ENHANCE 911 Act of 2004, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications. ``(2) Contents of plan.--The plan required by paragraph (1) shall-- ``(A) outline the potential benefits of such a migration; ``(B) identify barriers that must be overcome and funding mechanisms to address those barriers; ``(C) include a proposed timetable, an outline of costs and potential savings; ``(D) provide specific legislative language, if necessary, for achieving the plan; and ``(E) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network. ``(3) Consultation.--In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, technology and telecommunications providers, and others it deems appropriate.''. SEC. 4. DEFINITIONS. (a) In General.--For purposes of this Act: (1) 911 and e-911 services.-- (A) 911.--The term ``911'' means a service that allows a user, by dialing the three-digit code 911, to call a public safety answering point operated by a State, local government, Indian tribe, or authorized entity. (B) E-911.--The term ``E-911 service'' means a 911 service that automatically delivers the 911 call to the appropriate public safety answering point, and provides automatic identification data, including the originating number of an emergency call, the physical location of the caller, and the capability for the public safety answering point to call the user back if the call is disconnected. (2) IP-enabled voice service.--The term ``IP-enabled voice service'' means an IP-enabled service used for real-time 2-way or multidirectional voice communications offered to a customer that-- (A) uses North American Numbering Plan administered telephone numbers, or successor protocol; and (B) has two-way interconnection or otherwise exchange traffic with the public switched telephone network. (3) Customer.--The term ``customer'' includes a consumer of goods or services whether for a fee, in exchange for an explicit benefit, or provided for free. (4) IP-enabled service.--The term ``IP-enabled service'' means the use of software, hardware, or network equipment that enable an end user to send or receive a communication over the public Internet or a private network utilizing Internet protocol, or any successor protocol, in whole or part, to connect users-- (A) regardless of whether the communication is voice, data, video, or other form; and (B) notwithstanding -- (i) the underlying transmission technology used to transmit the communications; (ii) whether the packetizing and depacketizing of the communications occurs at the customer premise or network level; or (iii) the software, hardware, or network equipment used to connect users. (5) Public switched telephone network.--The term ``public switched telephone network'' means any switched common carrier service that is interconnected with the traditional local exchange or interexchange switched network. (6) PSAP.--The term ``public safety answering point'' or ``PSAP'' means a facility that has been designated to receive 911 calls. (b) Common Terminology.--Except as otherwise provided in subsection (a), terms used in this Act have the meanings provided under section 3 of the Communications Act of 1934.

IP-Enabled Voice Communications and Public Safety Act of 2005 - Directs the Federal Communications Commission (FCC) to prescribe regulations to establish a set of requirements or obligations on providers of IP-enabled voice service (Internet protocol-enabled service for real-time two-way or multidirectional voice communications) to ensure that 911 (emergency) services and E-911 services (services that automatically delivers a 911 call to the appropriate public safety answering point) are available to customers of IP-enabled voice service. Requires: (1) nondiscriminatory IP provider access to 911 and E-911 services; (2) IP providers to provide to customers a clear and conspicuous notice of the unavailability of 911 and E-911 services; and (3) IP provider and user immunity in the provision and use of 911 and E-911 services to the same extent as local exchange companies and other persons, respectively. Amends the National Telecommunications and Information Administration Organization Act to require the E-911 Implementation Coordination Office to develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.

To promote and enhance public safety and to encourage the rapid deployment of IP-enabled voice services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Fall Prevention Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Falls are the leading cause of injury deaths among people over 65. (2) By 2030, the population of individuals who are 65 years of age or older will double. By 2050, the population of individuals who are 85 years of age or older will quadruple. (3) In 2000, falls among elderly individuals accounted for 10,200 deaths and 1,600,000 emergency department visits. (4) Sixty percent of fall-related deaths occur among persons 75 and older. (5) Twenty-five percent of elderly persons who sustain a hip fracture die within 1 year. (6) Hospital admissions for hip fractures among the elderly have increased from 231,000 admissions in 1988 to 332,000 in 1999. The number of hip fractures is expected to exceed 500,000 by 2040. (7) Annually, more than 64,000 individuals who are over 65 years of age sustain a traumatic brain injury as a result of a fall. (8) Annually, 40,000 individuals who are over 65 years of age visit emergency departments with traumatic brain injuries suffered as a result of a fall, of which 16,000 of these individuals are hospitalized and 4,000 of these individuals die. (9) The rate of fall-induced traumatic brain injuries for individuals who are 80 years of age or older increased by 60 percent from 1989 to 1998. (10) The estimated total cost for non-fatal traumatic brain injury-related hospitalizations for falls in individuals who are 65 years of age or older is more than $3,250,000,000. Two- thirds of these costs occurred among individual who were 75 years of age or older. (11) The costs to the Medicare and Medicaid programs and society as a whole from falls by elderly persons continue to climb much faster than inflation and population growth. Direct costs alone will exceed $32,000,000,000 in 2020. (12) The Federal Government should devote additional resources to research regarding the prevention and treatment of falls in residential as well as institutional settings. (13) A national approach to reducing elder falls, which focuses on the daily life of senior citizens in residential, institutional, and community settings is needed. The approach should include a wide range of organizations and individuals including family members, health care providers, social workers, architects, employers and others. (14) Reducing preventable adverse events, such as elder falls, is an important aspect to the agenda to improve patient safety. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to develop effective public education strategies in a national initiative to reduce elder falls in order to educate the elders themselves, family members, employers, caregivers, and others who touch the lives of senior citizens; (2) to expand needed services and gain information about the most effective approaches to preventing and treating elder falls; and (3) to require the Secretary of Health and Human Services to evaluate the effect of elder falls on the costs of the Medicare and Medicaid programs and the potential for reducing costs by expanding education, prevention, and elderly intervention services covered or sponsored by these two programs. SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following part: ``PART R--PREVENTION OF ELDER FALLS ``SEC. 399AA. PUBLIC AND PROFESSIONAL EDUCATION. ``(a) In General.--Subject to the availability of appropriations, the Secretary shall-- ``(1) oversee and support a three-year national education campaign to be carried out by the National Safety Council to be directed principally to elders, their families, and health care providers and focusing on ways of reducing the risk of elder falls and preventing repeat falls; ``(2) provide grants to qualified organizations and institutions for the purpose of organizing State-level coalitions of appropriate State and local agencies, safety, health, senior citizen and other organizations to design and carry out local education campaigns, focusing on ways of reducing the risk of elder falls and preventing repeat falls; and ``(3) provide grants and contracts to qualified organizations and institutions for the purpose of providing state-of-the-art continued education to health and allied health professionals to effect geriatric fall prevention. ``(b) Definition.--For purposes of this section, the term `allied health professionals' has the meaning given such term in section 799B. ``SEC. 399AA-1. RESEARCH. ``(a) In General.--Subject to the availability of appropriations, the Secretary shall-- ``(1) conduct and support research to-- ``(A) improve the identification of elders with a high risk of falls; ``(B) improve data collection and analysis to identify fall risk and protective factors; ``(C) improve strategies that are proven to be effective in reducing subsequent falls by elderly fall victims; ``(D) expand proven interventions to prevent elder falls; ``(E) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and ``(F) assess the risk of falls occurring in various settings. ``(2) conduct and support research concerning barriers to the adoption of proven interventions with respect to the prevention of elder falls (such as medication review and vision enhancement); and ``(3) evaluate the effectiveness of community programs to prevent assisted living and nursing home falls by elders. ``(b) Administration.--In carrying out subsection (a), the Secretary shall-- ``(1) conduct research and surveillance activities related to the community-based and populations-based aspects of elder falls prevention through the Director of the Centers for Disease Control and Prevention; ``(2) conduct research related to elder fall prevention in health care delivery settings and clinical treatment and rehabilitation of elderly fall victims through the Director of the Agency for Healthcare Research and Quality; and ``(3) ensure the coordination of the activities described in paragraphs (1) and (2). ``(c) Grants.--The Secretary shall award grants and contracts to qualified organizations and institutions to enable such organizations and institutions to provide professional education for physicians and allied health professionals in elder fall prevention. In awarding these grants and contracts, the Secretary shall give appropriate priority to projects that show proven capacity to be self supporting within two years after the onset of the project. ``SEC. 399AA-2. DEMONSTRATION PROJECTS. ``(a) In General.--Subject to the availability of appropriations, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Director of the Agency for Healthcare Research and Quality, shall carry out the following: ``(1) Oversee and support demonstration and research projects to be carried out by the National Safety Council in the following areas: ``(A) A multi-State demonstration project assessing the utility of targeted elder-falls risk screening and referral programs. ``(B) Programs targeting newly-discharged fall victims who are at a high risk for second falls, which shall include, but not be limited to modification projects for elders with multiple sensory impairments, video and web-enhanced fall prevention programs for caregivers in multifamily housing settings, and development of technology to prevent and detect falls. ``(C) Private sector and public-private partnerships, involving home remodeling, home design and remodeling (in accordance with accepted building codes and standards) and nursing home and hospital patient supervision. ``(D) Private sector and public-private partnerships to develop technology to prevent falls and prevent or reduce injuries if falls occur. ``(E) Hospital-based geriatric fall prevention and treatment centers. ``(F) Medicaid sponsored community projects for comprehensive geriatric fall prevention of the type recently adopted by the States of Pennsylvania, New York, and Florida whereby Medicaid elders are comprehensively screened, counseled, referred, case managed, and otherwise so treated as to reduce hospital admissions for fall related injuries by 60 percent or more. ``(G) Provide grants to not less than four States and to four hospitals to expand the programs identified in subparagraphs (E) and (F). In selecting State grantees under this subparagraph, the Secretary shall give appropriate priority to States that have adopted legislation that either-- ``(i) adopts Medicaid-sponsored comprehensive fall prevention projects; or ``(ii) requires allied health professional licensing boards to provide at least 1 hour of continuing education per year on geriatric fall prevention. In all demonstration projects under this paragraph, the Secretary shall give appropriate priority to projects that show proven capacity to be self supporting within 2 years of the onset of the project. ``(2)(A) Provide grants and contracts to qualified organizations and institutions to design and carry out elder falls prevention programs in residential and institutional settings. ``(B) Provide one or more grants to one or more qualified applicants in order to carry out a multi-State demonstration project to implement elder falls prevention programs targeted toward multi-family residential settings with high concentrations of elders, including identifying high risk populations, evaluating residential facilities, conducting screening to identify high risk individuals, providing pre-fall counseling, coordinating services with health care and social service providers and coordinating post-fall counseling, treatment, and rehabilitation. ``(C) Provide one or more grants to qualified applicants to conduct evaluations of the effectiveness of the demonstration projects in this section. ``(b) Definition.--For purposes of this section, the term `Medicaid' means the program under title XIX of the Social Security Act. ``SEC. 399AA-3. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--In order to carry out the provisions of this part, there are authorized to be appropriated-- ``(1) to carry out the national public education provisions described in section 399AA(1), $5,000,000 for each of fiscal years 2004 through 2006; ``(2) to carry out the State public education campaign provisions of section 399AA(2), $4,000,000 for each of fiscal years 2004 through 2006; ``(3) to carry out the professional and educational campaign provision of section 399AA(3), $5,000,000 for each of fiscal years 2004 through 2006; ``(4) to carry out research projects described in section 399AA-1, $5,000,000 for each of fiscal years 2004 through 2006; ``(5) to carry out the demonstration projects described in section 399AA-2(1), $11,000,000 for each of fiscal years 2004 through 2006; and ``(6) to carry out the demonstration and research projects described in section 399AA-2(2), $8,000,000 for each of fiscal years 2004 through 2006. ``(b) Allocation.--In the case of each program for which an authorization of appropriations is established in subsection (a) and under which program the Secretary is authorized to make awards of grants or contracts to private entities, the Secretary shall reserve from the amount appropriated under such subsection for the program not less than 30 percent for making such awards.''. SEC. 5. REVIEW OF REIMBURSEMENT POLICIES. (a) In General.--The Secretary of Health and Human Services shall undertake a review of the effects of elder falls on the costs of the programs under titles XVIII and XIX of the Social Security Act (referred to in this section as the ``Medicare'' and ``Medicaid'' programs, respectively) programs and the potential for reducing costs by expanding services covered by these two programs. This review shall include a review of the reimbursement policies of Medicare and Medicaid in order to determine if additional fall-related education, prevention, and early prevention services should be covered or reimbursement guidelines should be modified. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report describing the findings of the Secretary in conducting the review under subsection (a).

Elder Fall Prevention Act of 2003 - Amends the Public Health Service Act to direct the Administration on Aging within the Department of Health and Human Services to: (1) oversee and support a three-year national education campaign by the National Safety Council focusing on ways to reduce the risk of elder falls and prevent repeat falls; (2) provide grants for State coalitions for local education campaigns addressing reduction and prevention of elder falls; and (3) provide grants and contracts for continuing education to health professionals to effect geriatric fall prevention. Requires the Secretary of Health and Human Services to: (1) conduct and support research concerning various topics, including high-risk elders, risk and protective factors, fall reduction strategies, fall prevention interventions, diagnosis and treatment of victims, barriers to adopting proven interventions, and the effectiveness of community programs in preventing assisted living and nursing home falls; (2) support the development of ways to reduce falls among very high risk elders; and (3) award grants to enable organizations to provide professional education for physicians and health professionals in elder fall prevention. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention, to oversee and support demonstration and research projects to be carried out by the Council and other qualified organizations in the following areas: (1) a multi-State demonstration project assessing the utility of targeted fall risk screening and referral programs; (2) programs targeting newly-discharged fall victims at high risk for second falls; (3) private-public partnerships to develop technologies to prevent falls and prevent or reduce injuries from falls; (4) hospital-based fall prevention and treatment centers; (5) Medicaid sponsored community projects of the type adopted by Pennsylvania, New York, and Florida; and (6) grants to States and hospitals to expand such hospital and Medicaid programs. Requires the Secretary to provide grants for: (1) fall prevention programs in residential and institutional settings; and (2) demonstration program evaluations. Directs the Secretary to review the effects of falls on the costs of the Medicare and Medicaid programs and the potential for reducing costs by expanding covered services. States that such review shall include a review of reimbursement policies.

To amend the Public Health Service Act to direct the Secretary of Health and Human Services to expand and intensify programs with respect to research and related activities concerning elder falls, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Neutrality in Contracting Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) promote and ensure open competition on Federal and federally funded or assisted construction projects; (2) maintain Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded or assisted construction projects; (3) reduce construction costs to the Federal Government and to the taxpayers; (4) expand job opportunities, especially for small and disadvantaged businesses; and (5) prevent discrimination against Federal Government contractors or their employees based upon labor affiliation or the lack thereof, thereby promoting the economical, nondiscriminatory, and efficient administration and completion of Federal and federally funded or assisted construction projects. SEC. 3. PRESERVATION OF OPEN COMPETITION AND FEDERAL GOVERNMENT NEUTRALITY. (a) Prohibition.-- (1) General rule.--The head of each executive agency that awards any construction contract after the date of enactment of this Act, or that obligates funds pursuant to such a contract, shall ensure that the agency, and any construction manager acting on behalf of the Federal Government with respect to such contract, in its bid specifications, project agreements, or other controlling documents does not-- (A) require or prohibit a bidder, offeror, contractor, or subcontractor from entering into, or adhering to, agreements with 1 or more labor organization, with respect to that construction project or another related construction project; or (B) otherwise discriminate against a bidder, offeror, contractor, or subcontractor because such bidder, offeror, contractor, or subcontractor-- (i) became a signatory, or otherwise adhered to, an agreement with 1 or more labor organization with respect to that construction project or another related construction project; or (ii) refused to become a signatory, or otherwise adhere to, an agreement with 1 or more labor organization with respect to that construction project or another related construction project. (2) Application of prohibition.--The provisions of this section shall not apply to contracts awarded prior to the date of enactment of this Act, and subcontracts awarded pursuant to such contracts regardless of the date of such subcontracts. (3) Rule of construction.--Nothing in paragraph (1) shall be construed to prohibit a contractor or subcontractor from voluntarily entering into an agreement described in such paragraph. (b) Recipients of Grants and Other Assistance.--The head of each executive agency that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects after the date of enactment of this Act, shall ensure that-- (1) the bid specifications, project agreements, or other controlling documents for such construction projects of a recipient of a grant or financial assistance, or by the parties to a cooperative agreement, do not contain any of the requirements or prohibitions described in subparagraph (A) or (B) of subsection (a)(1); or (2) the bid specifications, project agreements, or other controlling documents for such construction projects of a construction manager acting on behalf of a recipient or party described in paragraph (1) do not contain any of the requirements or prohibitions described in subparagraph (A) or (B) of subsection (a)(1). (c) Failure To Comply.--If an executive agency, a recipient of a grant or financial assistance from an executive agency, a party to a cooperative agreement with an executive agency, or a construction manager acting on behalf of such an agency, recipient, or party, fails to comply with subsection (a) or (b), the head of the executive agency awarding the contract, grant, or assistance, or entering into the agreement, involved shall take such action, consistent with law, as the head of the agency determines to be appropriate. (d) Exemptions.-- (1) In general.--The head of an executive agency may exempt a particular project, contract, subcontract, grant, or cooperative agreement from the requirements of 1 or more of the provisions of subsections (a) and (b) if the head of such agency determines that special circumstances exist that require an exemption in order to avert an imminent threat to public health or safety or to serve the national security. (2) Special circumstances.--For purposes of paragraph (1), a finding of ``special circumstances'' may not be based on the possibility or existence of a labor dispute concerning contractors or subcontractors that are nonsignatories to, or that otherwise do not adhere to, agreements with 1 or more labor organization, or labor disputes concerning employees on the project who are not members of, or affiliated with, a labor organization. (3) Additional exemption for certain projects.--The head of an executive agency, upon application of an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of such entities, may exempt a particular project from the requirements of any or all of the provisions of subsections (a) or (c) if the agency head finds-- (A) that the awarding authority, recipient of grants or financial assistance, party to a cooperative agreement, or construction manager acting on behalf of any of such entities had issued or was a party to, as of the date of the enactment of this Act, bid specifications, project agreements, agreements with one or more labor organizations, or other controlling documents with respect to that particular project, which contained any of the requirements or prohibitions set forth in subsection (a)(1); and (B) that one or more construction contracts subject to such requirements or prohibitions had been awarded as of the date of the enactment of this Act. (e) Federal Acquisition Regulatory Council.--With respect to Federal contracts to which this section applies, not later than 60 days after the date of enactment of this Act, the Federal Acquisition Regulatory Council shall take appropriate action to amend the Federal Acquisition Regulation to implement the provisions of this section. (f) Definitions.--In this section: (1) Construction contract.--The term ``construction contract'' means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (2) Executive agency.--The term ``executive agency'' has the meaning given such term in section 105 of title 5, United States Code, except that such term shall not include the Government Accountability Office. (3) Labor organization.--The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).

Government Neutrality in Contracting Act - Directs the head of any federal agency that awards or obligates funds for any construction contract, or that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects, to ensure that bid specifications, project agreements, or other controlling documents do not: (1) require or prohibit a bidder, offeror, contractor, or subcontractor from entering into, or adhering to, agreements with a labor organization, with respect to that construction project or another related construction project; or (2) otherwise discriminate against such a party because it did or did not become a signatory or otherwise adhere to such an agreement. Allows exemptions to avert an imminent threat to public health or safety or to serve national security. Allows additional exemptions for certain projects. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement this Act with respect to the applicable federal contracts.

A bill to preserve open competition and Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded construction projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to College Education (ACE) Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) During the past 15 years, tuition at 4-year public colleges and universities rose 234 percent. (2) In contrast, during this same time, median household income rose only 82 percent. (3) The cost of consumer goods, as measured by the Consumer Price Index, rose only 74 percent during this time. (4) During the past 15 years, the share of schools' revenues provided by tuition rose from 16 percent to 23 percent. (5) The future of America depends on a well educated work force. (6) High-tech, high-wage jobs require postsecondary education. (7) Parents need information and assistance to save for their children's higher education. (8) Prepaid college tuition programs are one way parents can make sure they will be able to afford the cost of their children's college. SEC. 3. ESTABLISHMENT OF PROGRAM. Title X of the Higher Education Act of 1965 is amended by inserting after part E (20 U.S.C. 1135g) the following new part: ``PART F--ADMINISTRATIVE SUPPORT FOR STATE PREPAID TUITION PROGRAMS. ``SEC. 1096. GRANT PROGRAM AUTHORIZED. ``(a) General Authority.--The Secretary shall establish a program in accordance with the requirements of this section to provide grants to States to support temporarily the establishment and operation of State prepaid tuition programs. No State shall be eligible to receive more than a single grant under this section. ``(b) Application Requirements.-- ``(1) In general.--Any State desiring to obtain a grant under this section shall submit to the Secretary an application at such time, in such form, and containing such information or assurances as the Secretary may require by regulation. ``(2) State plan.--An application under this section shall include a State plan for the establishment and operation of a program to offer parents the opportunity to prepay tuition at State postsecondary institutions. The State plan shall include a description of-- ``(A) the type of prepaid tuition plan the State offers or plans to offer, such as by contract, tuition credit, or certificate, and the institutions at which prepaid tuition funds will be available for use; ``(B) the tuition and other expenses to which the prepayment will be applied; ``(C) the method by which the future cost of such tuition and expenses is or will be calculated; ``(D) the options the parents have or will have to make the prepayment; ``(E) the methods by which prepaid tuition funds will be invested; ``(F) the methods by which the funds will be disbursed; ``(G) the methods by which prepaid tuition funds will be taken into account in the calculation of State student aid eligibility; ``(H) the methods by which the State will inform the public on a regular basis of the actuarial projections for the cost of tuition; and ``(I) the methods by which the State will inform the public on a regular basis of the investment of these funds. ``(3) Disclosure obligation.--An application under this section shall include an agreement by the State to provide regular periodic disclosures of the actuarial projections for the cost of tuition at State postsecondary institutions and the investment of prepaid tuition funds. ``(c) Use of Funds.--A State that obtains a grant from funds provided under this section may use such funds-- ``(1) to hire a chief administrative officer; ``(2) to obtain office space for the program's administration; ``(3) to acquire or improve office equipment necessary for a prepaid college tuition program; ``(4) to pay expenses necessary for the public disclosure required by this section; ``(5) to advertise the existence of this program throughout the State; and ``(6) to conduct activities which educate the public about the necessity of early savings for higher education. ``(d) Information.--In order to assist other States in establishing and improving prepaid tuition programs, any State that receives a grant under this section shall provide to the Secretary such information as the Secretary may request concerning the development of its program. The Secretary shall-- ``(1) collect information from existing prepaid tuition programs; ``(2) correlate such information with significant variables such as-- ``(A) population of State; ``(B) number of State postsecondary institutions; ``(C) average cost of State postsecondary institutions; and ``(D) number of participants currently in program; ``(3) collect studies of prepaid college tuition programs; and ``(4) disseminate to States applying for grants under this section the information and studies collected for the purposes of providing such States with information on successful practices to administer prepaid college tuition programs. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to make grants under this section $20,000,000 for fiscal year 1998 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.

Access to College Education (ACE) Act of 1997 - Amends the Higher Education Act of 1965 to establish a new part F, Administrative Support for State Prepaid Tuition Programs, under title X of such Act. Directs the Secretary of Education to: (1) make grants to States to support temporarily the establishment and operation of State prepaid tuition programs; and (2) disseminate to States applying for such grants certain studies and information on successful administrative practices for such programs. Authorizes appropriations.

Access to College Education (ACE) Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Ferry Systems Investment Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Ferries are a vital part of the United States transportation system, carrying more than 100,000,000 passengers annually in at least 38 States. (2) In many congested metropolitan areas, ferries are one of the few remaining options for significant transportation capacity expansion. (3) Ferries are the sole or primary transportation connection for many island and isolated communities. (4) Ferries provide a critical emergency evacuation alternative for both large cities and remote locations. (5) Ferries can be part of an interim solution when transportation infrastructure fails. For example, ferries were used to provide interim transportation after the terrorist attacks in New York on September 11, 2001, disrupted train service and after part of the San Francisco Bay Bridge collapsed in the Loma Prieta earthquake. (6) Ferries offer a relatively energy-efficient, environmentally friendly, and low-stress mode of travel. (7) Almost all of the largest and most important ferry services are publicly owned or provide transportation at public terminals, are integrated with other transportation modes, and are operated in a manner to serve the public interest. (8) According to the Secretary of Transportation, almost 25 percent of United States ferries are 40 years or older and 5 percent of United States ferries are 60 years or older. (9) Federal investment in the United States ferry system is necessary because-- (A) of the unique and important role ferries play in the United States transportation system; (B) of the large and growing need for new and replacement ferry vessels and terminals; and (C) ferries do not fit neatly into other Federal mode-specific transportation programs. (10) The distribution of Federal ferry funds by formula is appropriate because that method of distribution would dedicate funding to the largest and most important public ferry systems. (11) The distribution of Federal ferry funds by discretionary awards is also appropriate because that method of distribution would help initiate and expand ferry services throughout the United States. SEC. 3. SECRETARY DEFINED. In this Act, the term ``Secretary'' means the Secretary of Transportation. SEC. 4. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. Section 147 of title 23, United States Code, is amended by striking subsections (c), (d), and (e) and inserting the following: ``(c) Distribution of Funds.--The funds made available to carry out this section for a fiscal year shall be allocated to those ferry systems and public entities responsible for developing ferries as follows: ``(1) Fifty percent of such funds shall be allocated at the discretion of the Secretary. ``(2) Fifty percent of such funds shall be allocated in accordance with the formula set out in subsection (d). ``(d) Formula.--The funds referred to in subsection (c)(2) shall be distributed as follows: ``(1) Fifty percent shall be based on the total annual number of passengers carried by a ferry system. ``(2) Twenty-five percent shall be based on the total annual number of vehicles carried by a ferry system. ``(3) Twenty-five percent shall be based on the total route miles serviced by a ferry system. ``(e) Funding.-- ``(1) In general.--There shall be available to the Secretary from the Highway Trust Fund (other than the Mass Transit Account) $200,000,000 for each of the fiscal years 2012 through 2018 to carry out this section. ``(2) Period of availability.--Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.''. SEC. 5. ELIGIBILITY OF FERRIES FOR THE CLEAN FUELS GRANT PROGRAM. Section 5308 of title 49, United States Code, is amended-- (1) in subsection (a)(2)(A)-- (A) in clause (i) by striking the semicolon and inserting ``, or ferries;''; and (B) in clause (iii) by striking the semicolon and inserting ``or ferries;''; and (2) in subsection (c)-- (A) in the heading by striking the period and inserting ``and Ferries.''; and (B) by striking the period at the end and inserting ``or ferries.''. SEC. 6. FERRY JOINT PROGRAM OFFICE. (a) Establishment and Purpose.-- (1) Establishment.--The Secretary shall establish within the Department of Transportation a Ferry Joint Program Office (in this section, referred to as the ``Office'') for the purposes described in paragraph (2). (2) Purposes.--The purposes of the Office shall be-- (A) to coordinate Federal programs affecting ferry and ferry facility construction, maintenance, operations, and security; and (B) to promote transportation by ferry as a component of the United States transportation system. (b) Functions.--The head of the Office shall carry out the following functions: (1) Coordinating programs related to ferry transportation carried out by the Department of Transportation, including programs carried out by the Federal Highway Administration, the Federal Transit Administration, the Maritime Administration, and the Research and Innovative Technology Administration, and such programs carried out by the Department of Homeland Security and other Federal and State agencies, as appropriate. (2) Ensuring resource accountability for programs carried out by the Secretary related to ferry transportation. (3) Providing strategic leadership for research, development, testing, and deployment of technologies related to ferry transportation. (4) Promoting ferry transportation as a means to reduce social, economic, and environmental costs associated with traffic congestion. (5) Developing energy-efficient operating models to reduce carbon emissions associated with ferry transportation. SEC. 7. NATIONAL FERRY DATABASE. Section 1801(e) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 23 U.S.C. 129 note) is amended-- (1) in paragraph (2) by inserting ``, including any Federal, State, or local government funding sources,'' after ``sources''; and (2) in paragraph (4)-- (A) in subparagraph (B) by striking ``and'' at the end; (B) by redesignating subparagraph (C) as subparagraph (D); (C) by inserting after subparagraph (B) the following: ``(C) ensure that the database is consistent with the national transit database maintained by the Federal Transit Administration; and''; and (D) in subparagraph (D), as redesignated by subparagraph (B) of this paragraph, by striking ``2009'' and inserting ``2018''. SEC. 8. NATIONAL FERRY TRANSPORTATION INSTITUTE. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall award a grant to a college to establish a National Ferry Transportation Institute (in this section referred to as an ``Institute'') at the college. (b) Administration.--The Secretary shall award and administer the grant under subsection (a) in cooperation with the heads of appropriate entities of the Department of Transportation and of the appropriate State transportation department, public ferry transportation authorities, private ferry operators, ferry builders, ferry transportation employees, and other colleges, universities, and research institutes. (c) Functions.--The Institute-- (1) shall-- (A) conduct research and recommend development activities on methods of improving ferry transportation programs in the United States, including methods of reducing wake, providing alternative propulsion, integrating use of clean, renewable fuels, and testing advanced materials for use in ferry construction; (B) develop and conduct training programs for ferry transportation system employees, United States Government employees, and other individuals, as appropriate, on developments, techniques, and procedures pertaining to the construction and operation of ferries; (C) encourage and assist collaborative efforts by public and private entities to preserve, improve, and expand the use of ferries as a mode of transportation; (D) preserve, utilize, and display historical information about the use of ferry transportation in the United States and in foreign countries; and (E) develop models and recommendations to enhance security on ferries and in and around ferry facilities; and (2) may provide funds from a grant under subsection (a) to a contractor or other entity to assist the Institute in carrying out the functions described in subparagraphs (A) through (E) of paragraph (1). (d) Selection Criteria.--The Secretary shall award the grant under subsection (a) on the basis of the following criteria: (1) The extent to which the needs of the State in which the applicant is located are representative of the importance of public and private ferries to the region's transportation system, including both regional travel and long-range travel and service to isolated communities. (2) The historical importance of ferry transportation to the region in which the applicant is located. (3) The history and diversity of such region in the maritime community, including ferry construction and repair and other shipbuilding activities. (4) The anticipated growth of ferry transportation and the building of ferries in such region. (5) The availability of public-private collaboration in such region. (6) The demonstrated research and extension resources available to the applicant to successfully carry out the functions described in subsection (c). (e) Requirement for Non-Federal Funding.--A college may not be awarded the grant under subsection (a) unless the college is able to provide 25 percent of the costs associated with establishing, operating, and maintaining the Institute and the research and development activities carried out by the Institute from non-Federal sources. (f) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on activities carried out under this section, including a description of the activities carried out by the Institute. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2012 through 2018 to carry out this section.

United States Ferry Systems Investment Act of 2011 - Makes funds available from the Highway Trust Fund to the Secretary of Transportation (DOT) for FY2012-FY2018 for construction of ferry vessels and ferry terminal facilities. Revises general requirements and the formula for the allocation of such funds to ferry systems and public entities responsible for developing ferries. Includes ferries within the federal clean fuels grant program. Directs the Secretary to establish within the Department of Transportation (DOT) a Ferry Joint Program Office to: (1) coordinate federal programs affecting ferry vessel and ferry facility construction, maintenance, operations, and security; and (2) promote ferry service as a component of the U.S. transportation system. Requires the Secretary to: (1) ensure that the national ferry database is consistent with the national transit database maintained by the Federal Transit Administration (FTA); and (2) award a grant to a college to establish a National Ferry Transportation Institute for research, development, and training programs relating to U.S. ferry transportation systems.

To promote secure ferry transportation and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Hospital Quality Report Card Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to establish the Hospital Quality Report Card Initiative under title 38, United States Code, to ensure that quality measures data for hospitals administered by the Secretary of Veterans Affairs are readily available and accessible in order to-- (1) inform patients and consumers about health care quality in such hospitals; (2) assist Veterans Affairs health care providers in identifying opportunities for quality improvement and cost containment; and (3) enhance the understanding of policy makers and public officials of health care issues, raise public awareness of hospital quality issues, and to help constituents of such policy makers and officials identify quality health care options. SEC. 3. VA HOSPITAL QUALITY REPORT CARD INITIATIVE. (a) In General.--Subchapter III of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1730A. Hospital Quality Report Card Initiative ``(a) Not later than 18 months after the date of the enactment of the VA Hospital Quality Report Card Act of 2006, the Secretary shall establish and implement a Hospital Quality Report Card Initiative (in this section referred to as the `Initiative') to report on health care quality in VA hospitals. ``(b) For purposes of this section, the term `VA hospital' means a hospital administered by the Secretary. ``(c)(1)(A) Not less than 2 times each year, the Secretary shall publish reports on VA hospital quality. Such reports shall include quality measures data that allow for an assessment of health care-- ``(i) effectiveness; ``(ii) safety; ``(iii) timeliness; ``(iv) efficiency; ``(v) patient-centeredness; and ``(vi) equity. ``(B) In collecting and reporting data as provided for under subparagraph (A), the Secretary shall include VA hospital information, as possible, relating to-- ``(i) staffing levels of nurses and other health professionals, as appropriate; ``(ii) rates of nosocomial infections; ``(iii) the volume of various procedures performed; ``(iv) hospital sanctions and other violations; ``(v) the quality of care for various patient populations, including female, geriatric, disabled, rural, homeless, mentally ill, and racial and ethnic minority populations; ``(vi) the availability of emergency rooms, intensive care units, maternity care, and specialty services; ``(vii) the quality of care in various hospital settings, including inpatient, outpatient, emergency, maternity, and intensive care unit settings; ``(viii) ongoing patient safety initiatives; and ``(ix) other measures determined appropriate by the Secretary. ``(C)(i) In reporting data as provided for under subparagraph (A), the Secretary may risk adjust quality measures to account for differences relating to-- ``(I) the characteristics of the reporting VA hospital, such as licensed bed size, geography, and teaching hospital status; and ``(II) patient characteristics, such as health status, severity of illness, and socioeconomic status. ``(ii) If the Secretary reports data under subparagraph (A) using risk-adjusted quality measures, the Secretary shall establish procedures for making the unadjusted data available to the public in a manner determined appropriate by the Secretary. ``(D) Under the Initiative, the Secretary may verify data reported under this paragraph to ensure accuracy and validity. ``(E) The Secretary shall disclose the entire methodology for the reporting of data under this paragraph to all relevant organizations and VA hospitals that are the subject of any such information that is to be made available to the public prior to the public disclosure of such information. ``(F)(i) The Secretary shall submit each report to the appropriate committees of Congress. ``(ii) The Secretary shall ensure that reports are made available under this section in an electronic format, in an understandable manner with respect to various populations (including those with low functional health literacy), and in a manner that allows health care quality comparisons to be made with local hospitals or regional hospitals, as appropriate. ``(iii) The Secretary shall establish procedures for making report findings available to the public, upon request, in a non-electronic format, such as through a toll-free telephone number. ``(G) The analytic methodologies and limitations on data sources utilized by the Secretary to develop and disseminate the comparative data under this section shall be identified and acknowledged as part of the dissemination of such data, and include the appropriate and inappropriate uses of such data. ``(H) On at least an annual basis, the Secretary shall compare quality measures data submitted by each VA hospital with data submitted in the prior year or years by the same hospital in order to identify and report actions that would lead to false or artificial improvements in the hospital's quality measurements. ``(2)(A) The Secretary shall develop and implement effective safeguards to protect against the unauthorized use or disclosure of VA hospital data that is reported under this section. ``(B) The Secretary shall develop and implement effective safeguards to protect against the dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective VA hospital data. ``(C) The Secretary shall ensure that identifiable patient data shall not be released to the public. ``(d)(1) The Secretary shall evaluate and periodically submit a report to Congress on the effectiveness of the Initiative, including the effectiveness of the Initiative in meeting the purpose described in section 2 of the VA Hospital Quality Report Card Act of 2006. The Secretary shall make such reports available to the public. ``(2) The Secretary shall use the outcomes from the evaluation conducted pursuant to paragraph (1) to increase the usefulness of the Initiative. ``(e) There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2007 through 2016.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17, United States Code, is amended by inserting after the item relating to section 1730 the following new item: ``1730A. Hospital Quality Report Card Initiative.''.

VA Hospital Quality Report Card Act of 2006 - Directs the Secretary of Veterans Affairs to establish and implement a Hospital Quality Report Card Initiative to report on health care quality in Department of Veterans Affairs (VA) hospitals. Requires the Secretary, at least semiannually, to publish reports on VA hospital quality, including assessments of effectiveness, safety, timeliness, and efficiency.

A bill to amend title 38, United States Code, to establish a Hospital Quality Report Card Initiative to report on health care quality in Veterans Affairs hospitals.

SECTION 1. ENERGY ASSISTANCE FUND. (a) Definitions.--In this section: (1) Fund.--The term ``Fund'' means the Energy Assistance Fund established by subsection (b). (2) Secretary concerned.--The term ``Secretary concerned'' means, with respect to programs carried out by each Secretary-- (A) the Secretary of Agriculture; (B) the Secretary of Energy; (C) the Secretary of Housing and Urban Development; (D) the Secretary of Transportation; and (E) the Administrator of the Small Business Administration. (b) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Energy Assistance Fund'', consisting of such amounts as are appropriated to the Fund under subsection (h)(1). (c) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Secretary concerned, the Secretary of the Treasury shall transfer from the Fund to the Secretary concerned such amounts as the Secretary concerned determines are necessary to provide to carry out 1 or more qualified purposes described in subsections (d), (e), and (f). (2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section. (d) Low-Interest Loan Guarantees for Purchase and Installation of Qualifying Energy Efficient Property.-- (1) In general.--To the extent that the Secretary concerned has authority under other law to make or guarantee loans or grants to persons to purchase and install qualifying property, the Secretary concerned may guarantee loans made to eligible United States persons for the purchase and installation of qualifying property. (2) Qualifying property.--For the purpose of paragraph (1), qualifying property means-- (A) any component which constitutes a qualified energy efficiency improvement (as defined in section 25C(c) of the Internal Revenue Code of 1986); (B) property to heat water for use in a dwelling unit located in the United States and used a residence by the person if at least half of the energy used by such property for such purpose is derived from the sun; (C) property which uses solar energy to generate electricity for use in a dwelling unit located in the United States and used by the person (in the case of an individual) as a residence; (D) qualified fuel cell property (as defined in section 48(c)(1) of that Code) installed on or in connection with a dwelling unit located in the United States and used as a principal residence (within the meaning of section 121 of that Code) by the person (in the case of an individual); or (E) a compliant stove (as defined in section 25E(c)(2) of that Code) which-- (i) is installed in a dwelling unit located in the United States; and (ii) replaces a noncompliant stove (as defined in section 25E(c)(3) of that Code) used in such dwelling unit. (3) Eligibility.--To be eligible to receive a loan guarantee under this subsection, a person that is an individual shall have a household income of not to exceed 115 percent of the national median household income, as determined by the Secretary concerned. (4) Use of loan.--The recipient of a loan guaranteed under this subsection may use the loan only to fund improvements to property owned by, and for the benefit of, the recipient. (5) Amount.--The amount of a loan made to a person that is guaranteed under this subsection shall equal the lesser of-- (A) 90 percent of the difference between-- (i) the cost incurred by the person for the purchase and installation of the qualifying property, as approved by the Secretary; and (ii) the amount of any credit allowable to the person with respect to such property under section 25C, 25D, or 25E, of the Internal Revenue Code of 1986; or (B) $30,000. (6) Term of loans.--A loan guaranteed under this subsection shall have a term of not to exceed 15 years. (e) Low-Interest Loan Guarantees for Purchase and Installation of Idling Reduction and Advanced Insulation for Heavy Trucks.-- (1) In general.--To the extent that the Secretary concerned has authority under other law to make or guarantee loans or grants to persons to purchase and install idling reduction devices described in section 4053(9) of the Internal Revenue Code of 1986 or advanced insulation described in section 4053(10) of such Code, the Secretary concerned may guarantee loans made to United States persons for the purchase and installation of such idling reduction devices and advanced insulation. (2) Use of loan.--The recipient of a loan guaranteed under this subsection may use the loan only to fund improvements to property owned by, and for the benefit of, the recipient. (3) Amount.-- (A) In general.--The amount of a loan made to a person that is guaranteed under this subsection shall equal 90 percent of the difference between-- (i) the cost incurred by the person for the purchase and installation of the idling reduction devices and advanced insulation described in subsection (a), as approved by the Secretary concerned; and (ii) 12 percent of the amount for which the idling reduction devices or advanced insulation was sold. (B) Special rules.--In the case of any property described in paragraphs (2), (3), or (4) of section 4051(a) of the Internal Revenue Code of 1986, the amount determined under subparagraph (A) shall be zero. (C) Determination of price.--Rules similar to the rules of section 4052(b) of the Internal Revenue Code of 1986 shall apply for purposes of subparagraph (B). (4) Loan terms.--The Secretary concerned shall establish terms for loans guaranteed under this subsection, as determined by the Secretary concerned. (f) Low-Interest Loan Guarantees for Purchase and Installation of Alternative Refueling Stations.-- (1) In general.--To the extent that the Secretary concerned has authority under other law to make or guarantee loans or grants to persons for the purchase and installation of any qualified alternative fuel vehicle refueling property (as defined in section 30C(c) of the Internal Revenue Code of 1986), the Secretary concerned may guarantee loans made to United States persons for the purchase and installation of any such qualified alternative fuel vehicle refueling property placed in service by the person during a taxable year. (2) Use of loan.--The recipient of a loan guaranteed under this subsection may use the loan only to fund improvements to property owned by, and for the benefit of, the recipient. (3) Amount.--The amount of a loan made to a person that is guaranteed under this subsection shall equal 90 percent of the difference between-- (A) the cost incurred by the person for the purchase and installation of the qualified alternative fuel vehicle refueling property described in paragraph (1), as approved by the Secretary concerned; and (B) the amount of any credit allowable to the person under section 30C of the Internal Revenue Code of 1986. (4) Loan terms.--The Secretary concerned shall establish terms for loans guaranteed under this subsection, as determined by the Secretary concerned. (g) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (h) Funding.-- (1) Mandatory funding.-- (A) In general.--Notwithstanding any other provision of law, on October 1, 2009, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Fund for the cost of loans to carry out the purposes of the Fund $1,000,000,000, to remain available until expended. (B) Receipt and acceptance.--The Fund shall be entitled to receive, shall accept, and shall use to carry out the purposes of the Fund the funds transferred under subparagraph (A), without further appropriation. (2) Authorization of appropriations.-- (A) In general.--In addition to the amount made available under paragraph (1), there are authorized to be appropriated to the Fund such sums as are necessary to carry out the purposes of the Fund. (B) Additional funding.--To the extent that a Secretary described in subsection (a) has authority under other law to make or guarantee loans or grants described in subsection (d)(1), (e)(1), or (f)(1), in addition to any other funds made available to carry out that authority under any other provision of law, there are authorized to be appropriated to the Secretary such sums as are necessary for the Secretary to provide additional loans, loan guarantees, or grants under that authority.

Establishes in the Treasury the Energy Assistance Fund. Directs the Secretary of the Treasury, upon request of the Secretary concerned, to transfer amounts from the Fund to that Secretary to make or guarantee low-interest loans or grants to U.S. persons to purchase and install: (1) qualifying energy efficient property in their principal dwelling (i.e., solar powered property to heat water or generate electricity, fuel cells, or compliant stoves); (2) idling reduction devices or advanced insulation in heavy trucks; and (3) qualified alternative fuel vehicle refueling property at a station.

A bill to establish an Energy Assistance Fund to guarantee low-interest loans for the purchase and installation of qualifying energy efficient property, idling reduction and advanced insulation for heavy trucks, and alternative refueling stations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut Federal Spending Act of 2011''. SEC. 2. LEGISLATIVE BRANCH. (a) In General.--Amounts made available for fiscal year 2011 for the legislative branch are reduced by $1,283,000,000. (b) Government Printing Office.--The Government Printing Office is defunded effective on the date of enactment of this Act. SEC. 3. JUDICIAL BRANCH. Amounts made available to the judicial branch for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $2,434,000,000. SEC. 4. AGRICULTURE. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Agriculture for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $42,542,000,000. (b) Specific Reductions.-- (1) Defunding.--The following agencies are defunded effective on the date of enactment of this Act: (A) The Agriculture Research Service. (B) The National Institute of Food and Agriculture. (C) The Resources Conservation Service. (D) The Foreign Agricultural Service. (2) Reduction.--Amounts made available to the Forest Service for fiscal year 2011 are reduced by $1,178,000,000. SEC. 5. COMMERCE. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Commerce for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $5,322,000,000. (b) Reduction.--Amounts made available to the National Oceanic And Atmospheric Administration for fiscal year 2011 are reduced by $857,000,000. SEC. 6. DEFENSE. (a) Reduction.-- (1) Military personnel.--Amounts made available to military personnel for fiscal year 2011 are reduced by $14,000,000,000. (2) Procurement.--Amounts made available for procurement for fiscal year 2011 are reduced by $13,300,000,000. (3) Operations and maintenance.--Amounts made available to the Operations and Maintenance for fiscal year 2011 are reduced by $22,430,000,000. (4) Research and development.--Amounts made available to the Research and Development for fiscal year 2011 are reduced by $8,000,000,000. (5) War funding.--Amounts made available to the War funding/Overseas Contingency for fiscal year 2011 are reduced by $16,000,000,000. (b) Transfers.--Transfers are as follows: (1) Transfer all Department of Energy accounts to the Department of Defense (DOE capped at $17,120,000,000). (2) Transfer the United States Coast Guard accounts from the Department of Homeland Security to the Department of Defense. SEC. 7. EDUCATION. All Department of Education programs are defunded effective on the date of enactment of this Act, except for the Pell grant program which shall be capped at $16,256,000,000. SEC. 8. ENERGY. (a) In General.--Amounts made available to the Department of Energy for fiscal year 2011 are reduced by $27,270,000,000. (b) Transfer.--Effective on the date of enactment of this Act, remaining funds and accounts for the Department of Energy are transferred to the Department of Defense. SEC. 9. HEALTH AND HUMAN SERVICES. (a) In General.--Including reductions made by subsection (b), amounts not otherwise required by law made available to the Department of Health and Human Services for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $26,510,000,000. (b) Specific Reductions.-- (1) FDA.--Amounts made available to the Food and Drug Administration for fiscal year 2011 are reduced by $230,000,000. (2) Health resources and services administration.--Amounts made available to the Health Resources and Services Administration for fiscal year 2011 are reduced by $1,410,000,000. (3) Indian health service.--Amounts made available to the Indian Health Service for fiscal year 2011 are reduced by $650,000,000. (4) Center for disease control and prevention.--Amounts made available to the Center for Disease Control and Prevention for fiscal year 2011 are reduced by $1,165,000,000. (5) NIH.--Amounts made available to the National Institute of Health for fiscal year 2011 are reduced by $5,825,000,000. (6) Substance abuse and mental health service administration.--Amounts made available to the Substance Abuse and Mental Health Service Administration for fiscal year 2011 are reduced by $626,000,000. SEC. 10. HOMELAND SECURITY. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Homeland Security for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $23,765,000,000. (b) Reductions.-- (1) Transfer.--The United States Coast Guard's funds and accounts are transferred to the Department of Defense. (2) Reduction.--Amounts made available to the Transportation Security Administration for fiscal year 2011 are reduced by $901,000,000. SEC. 11. HOUSING AND URBAN DEVELOPMENT. (a) Defunding.--Except as provided in subsection (b), all accounts and programs of the Department of Housing and Urban Development are defunded effective on the date of enactment of this Act. (b) Transfer.--Effective on the date of enactment of this Act, Veteran housing programs administered by the Department of Housing and Urban Development are transferred to Department of Veterans' Affairs. SEC. 12. INTERIOR. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Interior for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $10,934,000,000. (b) Reductions.-- (1) Land and mineral management.--Amounts made available to the Land and Mineral Management for fiscal year 2011 are reduced by $2,311,000,000. (2) Bureau of reclamation.--The Bureau of Reclamation is defunded effective on the date of enactment of this Act. (3) United states geological survey.--Amounts made available to the United States Geological Survey for fiscal year 2011 are reduced by $198,000,000. (4) Park service reduction.--Amounts made available to the national Park Service for fiscal year 2011 are reduced by $849,000,000. (5) Repeal.--All accounts and programs of the Bureau of Indian Affairs are defunded effective on the date of enactment of this Act. SEC. 13. JUSTICE. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Justice for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $9,057,000,000. (b) Repeal.--All accounts and programs of the Office of Justice Programs are defunded effective on the date of enactment of this Act. SEC. 14. LABOR. (a) In General.--Except as provided in subsection (b), amounts made available to the Department of Labor for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $2,803,000,000. (b) Exemptions.--The following are exempt from the reductions required by subsection (a): (1) The Occupational Safety and Health Administration. (2) The Mine Safety and Health Administration. (3) The Employment and Training Administration (including all unemployment compensation). SEC. 15. STATE. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of State for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $20,321,000,000. (b) Specific Reductions.--The following agencies are defunded effective on the date of enactment of this Act: (1) International Organizations and Conferences. (2) International Commissions. SEC. 16. TRANSPORTATION. (a) In General.--Including reductions made by subsection (b), amounts made available to the Department of Transportation for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $42,810,000,000. (b) Repeal.--Effective on the date of enactment of this Act all Amtrak Federal subsidies are terminated. SEC. 17. VETERANS' AFFAIRS. The Department of Veterans' Affairs shall not be subject to funding cuts in fiscal year 2011. SEC. 18. CORPS OF ENGINEERS. Amounts made available to the Corps of Engineers for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $1,854,000,000. SEC. 19. ENVIRONMENTAL PROTECTION AGENCY. Amounts made available to the Environmental Protection Agency for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $3,238,000,000. SEC. 20. GENERAL SERVICES ADMINISTRATION. Amounts made available to the General Service Administration for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $1,936,000,000. SEC. 21. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. Amounts made available to the National Aeronautics and Space Administration for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $4,488,000,000. SEC. 22. NATIONAL SCIENCE FOUNDATION. Amounts made available to the National Science Foundation for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $4,723,000,000. SEC. 23. OFFICE OF PERSONNEL MANAGEMENT. Amounts made available to the Office of Personnel Management for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $9,070,000,000. SEC. 24. SOCIAL SECURITY ADMINISTRATION. The Social Security Administration shall not be subject to funding cuts in fiscal year 2011. SEC. 25. REPEAL OF INDEPENDENT AGENCIES. The following agencies are defunded effective on the date of enactment of this Act: (1) Affordable Housing Program. (2) Commission on Fine Arts. (3) Consumer Product Safety Commission. (4) Corporation for Public Broadcasting. (5) National Endowment for the Arts. (6) National Endowment for the Humanities. (7) State Justice Institute. SEC. 26. FEDERAL COMMUNICATIONS COMMISSION. Amounts made available to the Federal Communication Commission for fiscal year 2011 are reduced on a pro rata basis by the amount required to bring total reduction to $2,150,000,000. SEC. 27. MISCELLANEOUS BUDGET SAVINGS. The following programs shall be implemented or repealed in fiscal year 2011 with the savings provided: (1) Collect delinquent taxes from Federal Employees, $3,000,000,000. (2) Freeze Federal Government employee pay, $2,000,000,000. (3) Reduce Federal Government travel, $7,500,000,000. (4) Davis- Bacon is repealed, $6,000,000,000. (5) Prohibit union labor project agreements, $2,000,000,000. (6) The Troubled Assets Relief Program is repealed, $4,481,000,000. (7) Unused Federal assets shall be sold, $19,000,000,000. (8) Reduce Federal vehicle budget, $600,000,000.

Cut Federal Spending Act of 2011 - Reduces FY2011 appropriations by specified amounts for: (1) the legislative branch; (2) the judicial branch; (3) the Department of Agriculture (USDA), including the Forest Service; (4) the Department of Commerce, including the National Oceanic and Atmospheric Administration (NOAA); (5) the Department of Defense (DOD) military personnel, procurement, operations and maintenance, research and development, and War funding/Overseas Contingency; (6) the Department of Energy (DOE); (7) the Department of Health and Human Services (HHS), including the Food and Drug Administration (FDA), the Health Resources and Services Administration, the Indian Health Service, the Center for Disease Control and Prevention (CDC), the National Institute of Health (NIH), and the Substance Abuse and Mental Health Service Administration; (8) the Department of Homeland Security (DHS), including the Transportation Security Administration (TSA); (9) the Department of Interior, including Land and Mineral Management, the U.S. Geological Survey, the National Park Service (NPS); and (10) the Department of Justice (DOJ). Reduces FY2011 appropriations for: (1) the Department of Labor, except for the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration, and the Employment and Training Administration (including all unemployment compensation); (2) the Department of State; (3) the Department of Transportation (DOT); (4) the U.S. Army Corps of Engineers; (5) the Environment Protection Agency (EPA); (6) the General Services Administration (GSA); (7) the National Aeronautics and Space Administration (NASA); (8) the National Science Foundation (NSF); (9) the Office of Personnel and Management (OPM); and (10) the Federal Communications Commission (FCC). Defunds entirely: (1) the Government Printing Office (GPO); (2) the Agriculture Research Service, the National Institute of Food and Agriculture, the Resources Conservation Service, and the Foreign Agricultural Service of the USDA; (3) all Department of Education programs, except the Pell grant program, which is capped; (4) all Department of Housing and Urban Development (HUD) programs, except Veteran housing programs, which are transferred to the Department of Veterans Affairs (VA); (5) all Bureau of Indian Affairs (BIA) accounts and programs of the Department of the Interior; (6) the DOJ Office of Justice Programs accounts and programs; (7) International Organizations and Conferences and International Commissions of the State Department; (8) Amtrak federal subsidies; (9) the Affordable Housing Program; (10) the Commission on Fine Arts; (11) the Consumer Product Safety Commission (CPSC); (12) the Corporation for Public Broadcasting; (13) the National Endowment for the Arts (NEA); (14) the National Endowment for the Humanities (NEH); and (15) the State Justice Institute. Transfers: (1) all DOE accounts to DOD, and (2) the U.S. Coast Guard funds and accounts from DHS to DOD. Excludes the VA and the Social Security Administration from funding cuts for FY2011. Specifies FY2011 savings with respect to: (1) collection of delinquent taxes from federal employees, (2) a freeze on federal employee pay, (3) federal government travel, (4) a prohibition against union labor project agreements, (5) sale of unused federal assets, and (6) the federal government vehicle budget. Repeals the Davis-Bacon Act and the Troubled Asset Relief Program (TARP), with specified resulting savings.

A bill to cut $500,000,000,000 in spending in fiscal year 2011.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``International Nuclear Fuel for Peace and Nonproliferation Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL FOR PEACEFUL MEANS Sec. 101. Findings. Sec. 102. Sense of Congress. Sec. 103. Statements of policy. Sec. 104. Report. TITLE II--INTERNATIONAL NUCLEAR FUEL BANK Sec. 201. Voluntary contributions to the International Atomic Energy Agency. Sec. 202. Authorization of appropriations. TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL FOR PEACEFUL MEANS SEC. 101. FINDINGS. Congress makes the following findings: (1) Since the United States Baruch Plan of 1946, the United States has believed that an increase in the number of countries that possess nuclear weapons and the means to create such weapons makes the world less secure and stable by increasing the chances that nuclear weapons would be used. A world in which nuclear weapons are used again is less secure for all concerned, and could well trigger a global arms race, as more countries will be tempted to arm themselves with nuclear weapons to prevent attacks by countries that possess nuclear weapons. (2) It is therefore in the general security interest of all countries, and in the vital national security interest of the United States, that the number of countries that possess a nuclear weapons capability necessarily be kept to a minimum and ultimately reduced. (3) Uranium enrichment and spent-fuel reprocessing facilities produce nuclear material that can either be used for peaceful purposes in electricity-generating reactors, or can be used to produce uranium and plutonium for nuclear weapons. As such, these facilities are inherently a proliferation risk, allowing their possessor to be just months away from the production of a nuclear explosive device. (4) It is also therefore in the general security interest of all countries that the number of countries that operate uranium enrichment and spent-fuel reprocessing facilities also be kept to a minimum, consistent with the global demand for nuclear power reactor fuel. (5) The financing and construction of additional uranium enrichment and spent-fuel reprocessing facilities in additional countries around the world is indefensible on economic grounds alone, given current and future supplies of uranium and existing providers of uranium enrichment and spent-fuel reprocessing services to the world market. (6) The desire to construct uranium enrichment and spent- fuel reprocessing facilities by additional countries, therefore, is often based upon considerations other than economic calculations. The possession of such facilities is often elevated to a matter of national pride--a demonstration to the world that the country that possesses this technology has arrived at a level of technological development comparable to that of the United States and other countries with advanced civil nuclear power programs. (7) Furthermore, the acquisition of uranium enrichment and spent-fuel reprocessing facilities can be perceived as a demonstration of the developing world's independence from technological domination by the more developed states. Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (21 UST 483; commonly referred to as the ``Nuclear Non-Proliferation Treaty'' or the ``NPT''), recognizes that State Parties have an ``inalienable right . . . to develop research, production and use of nuclear energy for peaceful purposes without discrimination''. However, this is a qualified right conditioned by a State Party acting in conformity with the NPT's obligation for such countries not to acquire, possess, or develop nuclear weapons or nuclear explosive devices. (8) It has been long recognized that the proliferation of national uranium enrichment and spent-fuel reprocessing facilities would increase the likelihood of the emergence of new nuclear weapon states. Concerned governments, nongovernmental organizations, and individual experts have for decades recognized the need to address this problem through multilateral assurances of the uninterrupted supply of nuclear fuel, the sharing of peaceful application of nuclear energy, an international fuel bank to provide fuel if the fuel supply to a country is disrupted, and even multilateral participation in international uranium enrichment and spent-fuel reprocessing facilities, as a means of reducing incentives of countries to develop and construct such facilities themselves. (9) Until recently, such efforts have produced little more than reports. However, the revelations of a nuclear black- market in uranium enrichment technology and equipment, combined with the attempt by North Korea and Iran to possess such technology and equipment to provide the basis for nuclear weapons programs, have rekindled this debate with a new urgency. (10) Iran has used the specter of a potentially unreliable international supply of nuclear reactor fuel as a pretext for developing its own uranium enrichment and spent-fuel reprocessing capability, which would enable Iran to also produce weapons-grade uranium and plutonium for nuclear weapons. (11) Several initiatives have been proposed over the last year to address these concerns. The United States has proposed the Global Nuclear Energy Partnership (GNEP), which envisions a consortium of countries with advanced nuclear capabilities providing nuclear fuel services--fresh fuel and recovery of used fuel--to other countries that agree to employ nuclear energy only for power generation purposes, without possessing national uranium enrichment and spent-fuel reprocessing facilities. (12) The United States also joined France, the Russian Federation, Germany, the United Kingdom, and the Netherlands on May 31, 2006, in proposing a ``Concept for a Multilateral Mechanism for Reliable Access to Nuclear Fuel'' that would facilitate or create new arrangements between suppliers and recipients to provide fuel to countries with good nonproliferation credentials in case of market failure. (13) Any assurance of the supply of nuclear fuel should meet the condition outlined by President George W. Bush on February 11, 2004: ``The world's leading nuclear exporters should ensure that states have reliable access at reasonable cost to fuel for civilian reactors, so long as those states renounce enrichment and reprocessing.''. (14) The Russian Federation has proposed that one of its uranium enrichment facilities be placed under international management and oversight, as part of a ``Global Nuclear Power Infrastructure'' proposal to create international nuclear fuel cycle centers. (15) In conclusion, the creation of a multi-tiered system to assure the supply of nuclear reactor fuel at current market prices, under appropriate safeguards and conditions, could reassure countries that are dependent upon or will construct nuclear power reactors that they will have an assured supply of nuclear fuel at current market prices, so long as such countries forgo national uranium enrichment and spent-fuel reprocessing facilities and are committed to the nonproliferation of nuclear weapons. SEC. 102. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the ``Concept for a Multilateral Mechanism for Reliable Access to Nuclear Fuel'', proposed by the United States, France, the Russian Federation, Germany, the United Kingdom, and the Netherlands on May 31, 2006, is welcomed and should be expanded upon at the earliest possible opportunity; (2) the proposal by the Government of the Russian Federation to bring one of its uranium enrichment facilities under international management and oversight is also a welcome development and should be encouraged by the United States; (3) the offer by the Nuclear Threat Institute (NTI) of $50,000,000 in funds to support the creation of an international nuclear fuel bank by the International Atomic Energy Agency (IAEA) is also welcomed, and the United States and other member states of the IAEA should pledge collectively at least an additional $100,000,000 in matching funds to fulfill the NTI proposal; and (4) the governments, organizations, and experts currently engaged in developing the initiatives described in paragraphs (1) through (3) and other initiatives should seek to identify additional incentives to be included in an international regime for the assured supply of nuclear fuel for peaceful means at current market prices, including participation in non-weapons- relevant technology development and fuel leasing to further persuade countries that participation in such a multilateral arrangement far outweighs the temptation and expense of developing national uranium enrichment and plutonium reprocessing facilities. SEC. 103. STATEMENTS OF POLICY. (a) General Statement of Policy.--It is the policy of the United States to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under multilateral authority, such as the International Atomic Energy Agency. (b) Additional Statement of Policy.--It is further the policy of the United States to-- (1) oppose the development of a capability to produce nuclear weapons by any non-nuclear weapon state, within or outside of the NPT; (2) encourage states party to the NPT to interpret the right to ``develop research, production and use of nuclear energy for peaceful purposes,'' as described in Article IV of the NPT, as being a qualified right that is conditioned by the overall purpose of the NPT to prevent the spread of nuclear weapons and nuclear weapons capability, including by refraining from all nuclear cooperation with any state party that has not demonstrated that it is in full compliance with its NPT obligations, as determined by the International Atomic Energy Agency; and (3) strengthen the Nuclear Suppliers Group guidelines concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response by Nuclear Suppliers Group members to all such violations, including termination of nuclear transfers to an involved recipient, that discourage individual Nuclear Suppliers Group members from continuing cooperation with such recipient until such time as a consensus regarding a coordinated response has been achieved. SEC. 104. REPORT. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the activities of the United States to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means at current market prices under multilateral authority, such as the International Atomic Energy Agency. The report shall include an assessment of the feasibility of establishing an international fuel services center within the United States. TITLE II--INTERNATIONAL NUCLEAR FUEL BANK SEC. 201. VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL ATOMIC ENERGY AGENCY. (a) Voluntary Contributions Authorized.--The President is authorized to make voluntary contributions on a grant basis to the International Atomic Energy Agency (in this section referred to as the ``IAEA'') for the purpose of supporting the establishment of an international nuclear fuel bank to maintain a reserve of low-enriched uranium for reactor fuel to provide to eligible countries in the case of a disruption in the supply of reactor fuel by normal market mechanisms. (b) Requirements.--Voluntary contributions under subsection (a) may be provided only if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (1) the IAEA has received pledges in a total amount of not less than $100,000,000 and is in receipt of not less than $75,000,000 of such pledges for the purpose of supporting the establishment of the international nuclear fuel bank referred to in subsection (a); (2) the international nuclear fuel bank referred to in subsection (a) will be established within the territory of a non-nuclear weapon state, and will be under the oversight of the IAEA, only if-- (A) the non-nuclear weapon state, among other things-- (i) has a full scope safeguards agreement with the IAEA and an additional protocol for safeguards in force; (ii) has never been determined by the IAEA Board of Governors to be in noncompliance with its IAEA full scope safeguards agreement and its additional protocol for safeguards; and (iii) has effective enforceable export controls regarding nuclear and dual-use nuclear technology and other sensitive materials comparable to those maintained by the United States; and (B) the Secretary of State has never determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, that the government of the non-nuclear weapon state has repeatedly provided support for acts of international terrorism; (3) the international nuclear fuel bank referred to in subsection (a) will provide nuclear reactor fuel to a country only if, at the time of the request for nuclear reactor fuel-- (A) the country is in full compliance with its IAEA safeguards agreement and has an additional protocol for safeguards in force; (B) in the case of a country that at any time prior to the request for nuclear reactor fuel has been determined to be in noncompliance with its IAEA safeguards agreement, the IAEA Board of Governors determines that the country has taken all necessary actions to satisfy any concerns of the IAEA Director General regarding the activities that led to the prior determination of noncompliance; (C) the country agrees to use the nuclear reactor fuel in accordance with its IAEA safeguards agreement; (D) the country has effective and enforceable export controls regarding nuclear and dual-use nuclear technology and other sensitive materials comparable to those maintained by the United States; (E) the country does not possess uranium enrichment or spent-fuel reprocessing facilities of any scale; and (F) the government of the country is not a state sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law; (4) the international nuclear fuel bank referred to in subsection (a) will not contain uranium enrichment or spent- fuel reprocessing facilities; and (5) the nuclear reactor fuel referred to in paragraph (3) will be provided to a country referred to in such paragraph only at current market prices. (c) Waiver.--The President may waive the requirement of subparagraph (F) of subsection (b)(3) if the President-- (1) determines that it is important to the national security interests of the United States to do so; and (2) transmits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the basis of the determination under paragraph (1). (d) Rule of Construction.--Nothing in this section shall be construed to authorize voluntary contributions under subsection (a) to support subsidization of the price of nuclear reactor fuel whose supply would be assured by the United States, the IAEA, or any other state or international entity covered by this section. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the President $50,000,000 for fiscal year 2008 to carry out section 201. (b) Availability of Appropriations.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until September 30, 2010.

International Nuclear Fuel for Peace and Nonproliferation Act of 2007 - States that it is U.S. policy to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under multilateral authority, such as the International Atomic Energy Agency (IAEA). Authorizes the President to make grant basis contributions to the IAEA for an international nuclear fuel bank to maintain a low-enriched uranium reserve of reactor fuel for eligible countries. Requires the President, prior to making such contributions, to certify to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations that: (1) the IAEA has received specified monetary pledges for the international nuclear fuel bank; (2) the bank will be established in a non-nuclear weapon state under IAEA oversight; and (3) the bank will provide nuclear reactor fuel only to a country that is in full compliance with IAEA and other safeguards, agrees to use the nuclear reactor fuel in accordance with IAEA safeguards, does not operate uranium enrichment or spent-fuel reprocessing facilities, and is not a state sponsor of terrorism.

A bill to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means and to authorize voluntary contributions to the International Atomic Energy Agency to support the establishment of an international nuclear fuel bank.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2012, and for other purposes, namely: TITLE I--DISASTER RELIEF DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency disaster relief fund For an additional amount for the ``Disaster Relief Fund'' for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $6,400,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil mississippi river and tributaries For an additional amount for ``Mississippi River and Tributaries'' for necessary expenses for repair of damages to Federal projects resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $802,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this Act. operation and maintenance For an additional amount for ``Operation and Maintenance'' for necessary expenses to dredge navigation channels in response to, and repair damage to Corps projects resulting from, a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $534,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this Act. flood control and coastal emergencies For an additional amount for ``Flood Control and Coastal Emergencies'', as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses to prepare for flood, hurricane, and other natural disasters and support emergency operations, repair, and other activities as authorized by law, in response to a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $388,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this Act. TITLE II--COMBATING WASTE, FRAUD, AND ABUSE Social Security Administration limitation on administrative expenses For an additional amount for continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, not more than $483,484,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided, That such amount is additional new budget authority specified for purposes of subsection 251(b)(2)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985, and shall be treated for such purposes as being included under this heading in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, or any continuing appropriation Act, for fiscal year 2012. TITLE III--GENERAL PROVISION Sec. 301. Each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved. This Act may be cited as the ``Disaster Relief Appropriations Act, 2012''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Disaster Relief Appropriations Act, 2012 - Title I: Disaster Relief - Makes supplemental appropriations for FY2012 to the Federal Emergency Management Agency (FEMA) for the Disaster Relief Fund. Makes appropriations for disaster relief to the Department of Defense (DOD), Department of the Army, Corps of Engineers--Civil, for: (1) the Mississippi River and Tributaries for necessary expenses for the repair of damages to federal projects resulting from a major disaster; (2) Operation and Maintenance for necessary expenses to dredge navigation channels in response to, and repair damage to Corps projects resulting from, a major disaster; and (3) Flood Control and Coastal Emergencies for necessary expenses to prepare for flood, hurricane, and other natural disasters and support emergency operations, repair, and other activities authorized by law in response to a major disaster. Title II: Combating Waste, Fraud, and Abuse - Makes appropriations for FY2012 to the Social Security Adminstration for continuing disability reviews under title II (Old Age, Survivors and Disability Insurance) and title XVI (Supplemental Security Income) of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI. Title III: General Provision - Provides that each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved.

Making appropriations for disaster relief requirements for the fiscal year ending September 30, 2012, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) One of the legacies of the horrific attacks of September 11, 2001, is the greatly enhanced need for security of the homeland. Meeting this need has imposed serious stresses on government agencies at all levels and entities whose primary task is protection of the Nation's key assets and the life, health, and property of its populace. (2) President Bush stated, in a February 2003 report titled ``The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets'' (in this section referred to as the ``Report''), that there is an increased need to assess the Nation's vulnerabilities and to provide additional security for its key assets. Providing such security will require increased cooperation between Government and the private sector. (3) The Report also recognized that terrorists, in the pursuit of their long-term, strategic objectives, will likely continue to attack critical infrastructures and key assets, the vast majority of which are owned and operated by the private sector. (4) Because of enhanced security needs, the use of private security companies in guarding the Nation's key assets and the life, health, and property of its populace has increased significantly since September 11, 2001, and will continue to do so. (5) Also because of the enhanced security needs, businesses generally have increased their security efforts and the number of internal employees dedicated to securing their facilities. (6) As reliance on private security companies to guard the Nation's key assets and to protect the life, health, and property of its populace continues to grow, the hiring and placement decisions of these companies--which employ more than 500,000 private security officers nationwide--have become critical, as they determine which individuals will protect the Nation and have access to its key assets. Similarly, businesses providing their own internal security services have experienced a heightened need to improve their internal security measures and to obtain more information about the individuals who provide their internal security. It has, therefore, become imperative that companies employing or hiring security personnel have access to and be permitted to use a criminal background checking system that is efficient, inclusive, nationwide in scope, dependable, and technologically advanced, so as to minimize the occurrence of dangerous if not disastrous placement and hiring decisions. (7) Companies cannot properly and effectively evaluate their prospective and current employees providing private security services without access to the criminal history records available through the National Crime Information Center (in this section referred to as ``NCIC''). Access to the NCIC for the purpose of reviewing the background of current and prospective employees is currently enjoyed by the banking industry, the nuclear power industry, public housing authorities, and others and should be made available to private security companies and to businesses providing their own security so that they can safely and effectively partner with Federal, State, and local governments in the effort to protect the homeland. (8) Given its critical role in the security of the homeland, the Department of Homeland Security, working in conjunction with the Department of Justice, is best suited to act as the clearinghouse for obtaining and disseminating NCIC criminal history records for the purposes set forth in this section. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Covered employee.--The term ``covered employee'' means any individual, other than an active law enforcement officer for any governmental unit, who is-- (A) employed by, or seeking employment with, a nongovernmental company that provides security guard services; or (B) employed as an internal security employee by, or seeking employment as an internal security employee with, a nongovernmental company that has more than 50 employees, of which 3 or more are internal security employees. (2) Covered employer.--The term ``covered employer'' means-- (A) any nongovernmental company that-- (i) provides security guard services; (ii) for each jurisdiction in which it provides such services, is licensed by such jurisdiction to provide such services, to the extent such jurisdiction permits or requires it to be so licensed; and (iii) provides such services-- (I) in interstate or foreign commerce; (II) at any site where there is located any element of the Federal Government; or (III) for any person engaged in interstate or foreign commerce; or (B) any nongovernmental company that-- (i) has more than 50 employees, of which 3 or more are internal security employees; (ii) for each jurisdiction in which it provides internal security services with respect to itself, is licensed by such jurisdiction to provide such services, to the extent such jurisdiction permits or requires it to be so licensed; and (iii) is either engaged in interstate or foreign commerce or provides any product or service to any element of the Federal Government. (3) Internal security employee.--The term ``internal security employee'' means an employee whose primary responsibility is to provide internal security with respect to the company employing such employee. (4) NCIC.--The term ``NCIC'' means the National Crime Information Center of the Department of Justice. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (6) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 4. AUTHORITY TO RECEIVE NCIC INFORMATION. (a) In General.--Subject to the other provisions of this section, the Secretary shall, upon receipt of a request by a covered employer with respect to a covered employee, provide for an NCIC criminal history records check with respect to that covered employee and provide the results of that check to that covered employer. (b) Fingerprints.--A request under subsection (a) shall include the fingerprints of the covered employee, which shall be submitted electronically to the Secretary. The Secretary shall transmit those fingerprints to the Attorney General. To assist the Secretary in complying with subsection (a), the Attorney General shall, notwithstanding any other provision of law, provide for-- (1) an NCIC criminal history records check to be carried out with respect to that covered employee; and (2) the results of that check to be transmitted to the Secretary. (c) Fee.--The Secretary may, by regulation, establish and collect a reasonable fee for responding to a request under subsection (a). SEC. 5. USE OF NCIC INFORMATION BY COVERED EMPLOYERS. (a) Prohibition.--A covered employer may not employ a covered employee to provide any security service or function unless-- (1) the covered employer first obtains the results of an NCIC criminal history records check with respect to that covered employee; and (2) neither the results of that check, nor any other information made available to the covered employer, indicate that the covered employee has any unpardoned conviction under any Federal or State law of any felony or any one or more of the following offenses: (A) Illegally using, carrying, or possessing any firearm or other dangerous weapon. (B) Making or possessing any burglar's instrument. (C) Buying or receiving stolen property. (D) Unlawful entry of a building. (E) Aiding escape from prison. (F) Unlawfully possessing or distributing any illegal narcotic drug. (G) Picking a pocket or attempting to do so. (H) Recklessly endangering another person. (I) Making any terroristic threat. (J) Assaulting another person. (b) Limitation.--Nothing in this section prevents a covered employer from making any use in its employment decisions of any such check or any other information, except to the extent that section 7 or 8 of this Act prohibit such use. (c) Delayed Applicability for Current Employees.--In the case of a covered employee who is, on the date of the enactment of this Act, employed by a covered employer to provide a security service or function, the prohibition in subsection (a) shall not apply until-- (1) the date that is 6 months after the date of the enactment of this Act; or (2) a later date specified by the Secretary, for any case in which the Secretary certifies that the results of the records check could not be obtained within 6 months after the date of the enactment of this Act despite the exercise of reasonable diligence on the part of both the employee and the employer. SEC. 6. EMPLOYEE RIGHTS. (a) Written Consent.--A covered employer may not make a request under section 4(a) with respect to a covered employee, or obtain the fingerprints under section 4(b) of a covered employee, without the written consent of that employee. (b) Frequency of Requests.--A covered employer that makes a request under section 4(a) with respect to a covered employee and thereafter employs that employee for a continuous period may not make another such request with respect to such employee unless-- (1) such request is made at least 12 months after the previous request; or (2) good cause exists. (c) Accuracy and Completeness.--The Secretary shall provide each covered employee subject to a request under section 4(a) with the opportunity to provide to the NCIC information concerning the accuracy or completeness of the results of the check. SEC. 7. RECORDS MANAGEMENT. A covered employer receiving any information under section 4 shall ensure that such information is-- (1) maintained confidentially; (2) not misused or disseminated to any person not involved in the employment decision with respect to the covered employee; and (3) destroyed, upon deciding whether to employ or continue to employ the covered employee or upon the passage of 180 days after the receipt of such information, whichever occurs first. SEC. 8. USE OF INFORMATION BY DEPARTMENT OF HOMELAND SECURITY. In carrying out this Act, the Secretary shall establish procedures to ensure that the Department of Homeland Security uses the results of checks carried out under section 4 in a manner that-- (1) limits the dissemination of such results outside the Department only to the covered employer; (2) ensures that such results are used only for the purpose of determining the suitability of a covered employee for employment in the private security field; and (3) protects covered employees from misuse of such results. SEC. 9. REGULATIONS. The Secretary shall prescribe regulations to carry out this Act. SEC. 10. CRIMINAL PENALTIES. Any person who knowingly and intentionally uses any information obtained pursuant to this Act for a purpose other than the purpose of determining the suitability of a covered employee for employment in the private security field shall be imprisoned not more than 2 years or fined under title 18, United States Code, or both.

Private Security Enhancement Act - Directs the Secretary of Homeland Security, upon request by a covered employer (certain non-governmental companies that provide security guard services or that have more than 50 employees of which at least three are internal security employees), to provide for a National Crime Information Center (NCIC) criminal history records check on a current or prosepective security employee. Requires such request to include fingerprints of the employee. Prohibits such an employer from employing such an employee to provide any security service or function unless: (1) the employer first obtains the results of an NCIC criminal history records check; and (2) neither the results of that check nor any other information made available to the employer indicate that the employee has any unpardoned conviction under Federal or State law of any felony or of specified offenses. Prohibits such an employer from making such a request without the employee's consent. Requires an employer to ensure that information received under this Act is maintained confidentially, not misused, and destroyed within a specified time. Directs the Secretary to establish procedures to ensure that the Department of Homeland Security properly uses the results. Sets penalties for knowingly and intentionally using any information obtained pursuant to this Act for a purpose other than that of determining suitability for employment.

To strengthen the Nation's ability to protect its key assets and the life, health, and property of its populace by granting providers of private security services access to the criminal history records available through the National Crime Information Center in connection with their employees and prospective employees, requiring such providers to employ only those employees who pass criminal history records checks, to protect against unauthorized use of such records, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science Prize Competitions Act of 2016''. SEC. 2. AMENDMENTS TO PRIZE COMPETITIONS. Section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) is amended-- (1) in subsection (c)-- (A) in the matter before paragraph (1)-- (i) by inserting ``competition'' after ``section, a prize''; and (ii) by inserting ``types'' after ``following''; and (B) in paragraph (4), by striking ``prizes'' and inserting ``prize competitions''; (2) in subsection (f)-- (A) in the matter before paragraph (1), by striking ``in the Federal Register'' and inserting ``on a publicly accessible Internet website of the Government, such as www.challenge.gov,''; and (B) in paragraph (4), by striking ``prize'' and inserting ``cash prize purse''; (3) in subsection (g), in the matter before paragraph (1), by striking ``prize'' and inserting ``cash prize purse''; (4) in subsection (h), by inserting ``prize'' before ``competition'' both places it appears; (5) in subsection (i)-- (A) in paragraph (1)(B), by inserting ``prize'' before ``competition''; (B) in paragraph (2)(A), by inserting ``prize'' before ``competition'' both places it appears; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Waiver.--An agency may waive the requirement under paragraph (2). The annual report under subsection (p) shall include a list of such waivers granted during the preceding fiscal year, along with a detailed explanation of the reasons for granting the waivers.''; (6) in subsection (k)-- (A) in paragraph (2)(A), by inserting ``prize'' before ``competition''; and (B) in paragraph (3), by inserting ``prize'' before ``competitions'' both places it appears; (7) in subsection (l), by striking all after ``may enter into'' and inserting ``a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competition, subject to the provisions of this section.''; (8) in subsection (m)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--Support for a prize competition under this section, including financial support for the design and administration of a prize competition or funds for a cash prize purse, may consist of Federal appropriated funds and funds provided by private sector for-profit and nonprofit entities. The head of an agency may accept funds from other Federal agencies, private sector for-profit entities, and nonprofit entities, to be available to the extent provided by appropriations Acts, to support such prize competitions. The head of an agency may not give any special consideration to any private sector for-profit or nonprofit entity in return for a donation.''; (B) in paragraph (2), by striking ``prize awards'' and inserting ``cash prize purses''; (C) in paragraph (3)(A)-- (i) by striking ``No prize'' and inserting ``No prize competition''; and (ii) by striking ``the prize'' and inserting ``the cash prize purse''; (D) in paragraph (3)(B)-- (i) in the matter before clause (i), by striking ``a prize'' and inserting ``a cash prize purse''; and (ii) in clause (i), by inserting ``competition'' after ``prize''; and (E) in paragraph (4)-- (i) in subparagraph (A), by striking ``a prize'' and inserting ``a cash prize purse''; and (ii) in subparagraph (B), by striking ``cash prizes'' and inserting ``cash prize purses''; (9) in subsection (n), by inserting ``for both for-profit and nonprofit entities,'' after ``contract vehicle''; (10) in subsection (o)(1), by striking ``or providing a prize'' and inserting ``a prize competition or providing a cash prize purse''; and (11) in subsection (p)(2)-- (A) in subparagraph (C), by striking ``cash prizes'' both places it occurs and inserting ``cash prize purses''; and (B) by adding at the end the following new subparagraph: ``(G) Plan.--A description of crosscutting topical areas and agency-specific mission needs that may be the strongest opportunities for prize competitions during the upcoming 2 fiscal years.''.

Science Prize Competitions Act of 2016 This bill amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding prize competitions, including to allow an agency to waive insurance requirements. Each prize competition shall be published on a publicly accessible government website rather than in the Federal Register.

Science Prize Competitions Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercity Passenger Rail Trust Fund Act of 1996''. SEC. 2. 0.5 CENT OF GENERAL REVENUE PORTION OF THE HIGHWAY MOTOR FUEL TAXES DEPOSITED INTO INTERCITY PASSENGER RAIL TRUST FUND. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. INTERCITY PASSENGER RAIL 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 `Intercity Passenger Rail Trust Fund', consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Intercity Passenger Rail Trust Fund amounts equivalent to 0.5 cent for each gallon with respect to which tax was imposed under section 4041 or 4081. Only taxes imposed after December 31, 1996, and before October 1, 2001, shall be taken into account under the preceding sentence. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--Except as provided in paragraph (2), amounts in the Intercity Passenger Rail Trust Fund shall be available, as provided by appropriation Acts, to finance qualified expenses of-- ``(A) the National Railroad Passenger Corporation, and ``(B) each eligible State, to the extent determined under paragraph (3). ``(2) Direct spending amounts.--The following amounts in the Intercity Passenger Rail Trust Fund are hereby appropriated to finance qualified expenses: Amount ``Fiscal year: Available: 1997.......................................... $540,000,000 1998.......................................... 751,000,000 1999.......................................... 766,000,000 2000.......................................... 781,000,000 2001.......................................... 797,000,000. ``(3) Maximum amount of funds to eligible states.--Each eligible State shall receive under this subsection an amount equal to the lesser of-- ``(A) the State's qualified expenses for the fiscal year, or ``(B) the product of-- ``(i) \1/12\ of 1 percent of the lesser of-- ``(I) the aggregate amounts appropriated and credited to the Intercity Passenger Rail Trust Fund under subsection (a) for such fiscal year, or ``(II) the aggregate amounts appropriated from the Intercity Passenger Rail Trust Fund under this subsection for such fiscal year, and ``(ii) the number of months such State was an eligible State in the preceding fiscal year. If the amount determined under subparagraph (B) exceeds the amount under subparagraph (A) for any fiscal year, the amount under subparagraph (B) for the following fiscal year shall be increased by the amount of such excess. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' means expenses incurred, with respect to obligations made after December 31, 1996, and before October 1, 2001, if such expense is-- ``(A) in the case of-- ``(i) the National Railroad Passenger Corporation, for capital improvements in intercity passenger rail service (or for amortization of principal and interest on any loan incurred such improvements), or ``(ii) an eligible State, for capital improvements in intercity rail service (or for amortization of principal and interest on any loan incurred such improvements), and ``(B) certified by the Secretary of Transportation as meeting the requirements of subparagraph (A). ``(2) Eligible state.--The term `eligible State' means any State which does not receive intercity passenger rail service from the National Railroad Passenger Corporation. ``(e) Termination.--The Secretary shall determine and retain, not later than October 1, 2001, the amount in the Intercity Passenger Rail Trust Fund necessary to pay any outstanding qualified expenses, and shall transfer any amount not so retained to the general fund of the Treasury.'' (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following new item: ``Sec. 9512. Intercity Passenger Rail Trust Fund.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxes imposed after December 31, 1996. SEC. 3. REMAINDER OF GENERAL REVENUE PORTION OF HIGHWAY MOTOR FUEL EXCISE TAX REVENUES TO BE DEPOSITED INTO HIGHWAY TRUST FUND. (a) In General.--Paragraph (4) of section 9503(b) of the Internal Revenue Code of 1986 (relating to certain additional taxes not transferred to Highway Trust Fund) is amended to read as follows: ``(4) Certain taxes not transferred to highway trust fund.--For purposes of paragraphs (1) and (2), there shall not be taken into account-- ``(A) the taxes imposed by section 4041(d), ``(B) the taxes imposed by section 4081 to the extent attributable to the rate specified in section 4081(a)(2)(B), and ``(C) the taxes imposed by sections 4041 and 4081 to the extent that amounts equivalent to such taxes are appropriated to the Intercity Passenger Rail Trust Fund by section 9512(b).'' (b) Conforming Amendments.-- (1) Subparagraph (B) of section 40(e)(1) of such Code is amended by striking ``during which the Highway Trust Fund financing rate under section 4081(a)(2) is not in effect'' and inserting ``during which the rates of tax specified in section 4081(a)(2)(A) are not in effect''. (2) The last sentence of subparagraph (A) of section 9503(c)(2) of such Code is amended by striking ``by taking into account only the Highway Trust Fund financing rate applicable to any fuel'' and inserting ``by taking into account only the portion of the taxes which are deposited into the Highway Trust Fund''. (3) Subsection (f) of section 9503 of such Code is hereby repealed. (c) Effective Date.--The amendments made by this section shall apply to taxes imposed after December 31, 1996.

Intercity Passenger Rail Trust Fund Act of 1996 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund which shall finance qualified intercity passenger rail service expenses of: (1) the National Railroad Passenger Corporation; and (2) eligible States. Transfers to the Fund a specified percentage of the general revenue portion of the highway motor fuel taxes.

Intercity Passenger Rail Trust Fund Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect American Voters Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Prior to the 2000 Presidential election, which was decided by only 547 votes in Florida, several Florida counties purged their voting rolls of just under 58,000 people who supposedly had committed felonies and were therefore forbidden to vote by Florida law. Those removed from the voting rolls received no notification and were given no chance to appeal the decision. (2) After the election, it was learned that thousands of Floridians had been mistakenly included on the list of convicted felons used to purge the voter rolls and were incorrectly denied their right to vote. (3) Purging voting rolls of felons can be a difficult and confusing process for State election officials. Many States do not keep comprehensive data sets of convicted felons. Furthermore, there have been numerous documented instances in which States have incorrectly purged voters because their names were similar to convicted felons, because State records did not distinguish between arrests and convictions, or due to simple clerical errors. (4) The risk that innocent Americans may be mistakenly denied their Constitutional right to vote is still very real and places the legitimacy of future elections at risk. SEC. 3. NOTICE AND REVIEW REQUIREMENTS FOR REMOVAL OF INDIVIDUALS FROM OFFICIAL LIST OF ELIGIBLE VOTERS BY REASON OF CRIMINAL CONVICTION OR MENTAL INCAPACITY. (a) In General.--Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Notice and Review Requirements for Removal of Individuals From List of Eligible Voters by Reason of Criminal Conviction or Mental Incapacity.-- ``(1) Minimum notice prior to removal.-- ``(A) In general.--In addition to any other requirements applicable under this section, a State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason of criminal conviction or mental incapacity unless the State provides the registrant with a notice of removal meeting the requirements of subparagraph (B) not later than 30 days before the date of the election. ``(B) Requirements for notice.--The notice required under this subparagraph shall be sent by forwardable mail, and shall include the following: ``(i) A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office. ``(ii) A description of the reasons for removal, including (in the case of an individual proposed to be removed by reason of criminal conviction) sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice. ``(iii) A statement that the registrant may obtain a review of the removal from an appropriate State election official in accordance with paragraph (2). ``(iv) A postage pre-paid and pre-addressed envelope and a clear list of contact information for the appropriate state election official that includes a mailing address, telephone number, and fax number. ``(2) Review of decision to remove.-- ``(A) In general.--A registrant who receives a notice of removal under paragraph (1) may submit a written request to an appropriate State election official to withdraw the notice and retain the registrant on the official list of eligible voters, and may include in the request such information and evidence as the registrant considers appropriate to show that the registrant is not subject to removal from the list under State law, including information and evidence showing that the registrant was not convicted of the criminal offense cited in the notice (in the case of an individual proposed to be removed by reason of criminal conviction). ``(B) Response by state.--Not later than 10 days after receiving a request from a registrant under subparagraph (A), the State shall review the information and evidence included and accept or reject the request, and shall notify the registrant in writing of its decision. ``(3) Opportunity to cast provisional ballot.--Any registrant who receives a notice of removal under paragraph (1) and believes that the removal decision was made in error shall be permitted to cast a provisional ballot in an election for Federal office in accordance with section 302(a) of the Help America Vote Act of 2002.''. (b) Conforming Amendment.--Section 8(a)(3)(B) of such Act (42 U.S.C. 1973gg-6(a)(3)(B)) is amended by striking ``State law,'' and inserting ``State law and consistent with the requirements of subsection (j),''. (c) Effective Date.--The amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office in November 2004 and each succeeding election for Federal office. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act or any amendment made by this Act may be construed-- (1) to affect the right of any individual to cast a provisional ballot under section 302(a) of the Help America Vote Act of 2002; or (2) to prohibit any State from providing individuals threatened with removal from the official list of eligible voters in the State with greater protections than those required under section 8(j) of the National Voter Registration Act of 1993 (as added by section 2(a)).

Protect American Voters Act of 2004 - Amends the National Voter Registration Act of 1993 to require States to provide notice and an opportunity for review before removing any individual from the official list of eligible voters for elections for Federal office by reason of criminal conviction or mental incapacity.

To amend the National Voter Registration Act of 1993 to require States to provide notice and an opportunity for review prior to removing any individual from the official list of eligible voters by reason of criminal conviction or mental incapacity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Nuclear Waste Protection and Responsible Compensation Act''. SEC. 2. PURPOSE. The purposes of this Act are to-- (1) ensure the permanent program for disposition of spent nuclear fuel and high-level radioactive waste continues with adequate political support and funding; (2) ensure the continued safety of on-site storage of spent nuclear fuel and high-level radioactive waste by expanding both State and local governments rights to ensure citizens and local communities are protected; (3) ensure the Federal government's obligation for disposition of spent nuclear fuel and high-level radioactive waste is met without spending taxpayer funds; (4) ensure the continued safety of on-site storage of spent nuclear fuel and high-level radioactive waste by ensuring complete funding; and (5) ensure that spent nuclear fuel and high-level radioactive waste at shutdown nuclear reactors is removed first once the permanent disposition program is licensed. SEC. 3. PROTECTING THE SEARCH FOR A LONG-TERM OPTION. No commercial spent nuclear fuel and high-level radioactive waste shall be transported offsite for away-from reactor storage until a final license for a permanent disposition program is issued by the Nuclear Regulatory Commission. SEC. 4. STATE AND LOCAL GOVERNMENT AUTHORITY TO IMPROVE THE SAFETY OF ON-SITE STORAGE. State and local governments may negotiate with utilities to provide additional protections above the current Federal minimum standards that ensure citizens and local communities are adequately protected from spent nuclear fuel and high-level radioactive waste. SEC. 5. COMPENSATION FOR CONTINUED ON-SITE STORAGE. (a) Nuclear Waste Escrow Account.--Each nuclear power utility shall, beginning in fiscal year 2000, retain the amount the utility would be required to pay into the Nuclear Waste Fund and deposit it into an account in a financial institution of the utilities choice. For purposes of this section the account shall be referred to as the ``Nuclear Waste Escrow Account''. (1) Account collection.--The Secretary of Energy shall collect the entire balance of the Nuclear Waste Escrow Account from each nuclear power utility on September 30, 2004, and again on September 30, 2009, and deposit the funds in the Nuclear Waste Fund. The Secretary of Energy retains future rights to each Nuclear Waste Escrow Account beyond September 30, 2009 and shall collect such Accounts when the current Nuclear Waste Fund is lacking sufficient funds to continue the search for long-term permanent disposition of spent nuclear fuel and high-level radioactive waste. (2) Investment.--Each Nuclear Waste Escrow Account account shall be invested by the nuclear power utilities which established it to earn market rates of return. Any interest collected above the Treasury interest rate shall be placed into a Utility On-site Compensation Fund described in subsection (b). (3) Assurance of funds.--Each nuclear power utility shall manage its Nuclear Waste Escrow Account in accordance with the requirements of the regulations published at 10 C.F.R. 50.75 relating to assurances provided to the Nuclear Regulatory Commission that funds will be available for decommissioning. (b) On-Site Compensation Fund.--Each nuclear power utility which established a Nuclear Waste Escrow Account shall establish the Utility On-site Compensation Fund referred to in subsection (a)(2). Such fund shall be available to the utility with the following conditions: (1) Fund use.--The fund shall be used for the on-site storage of spent nuclear fuel and high-level radioactive waste that should have been accepted by the Secretary of Energy under Article VI B of the Standard Contract (10 CFR Part 961). (2) Amounts remaining.--Any amounts remaining in the fund after expenditures under paragraph (1) shall be paid to the Secretary for the Shutdown Reactor Fund established by the Secretary under subsection (c). (c) Shutdown Reactor Fund.-- (1) Federal shutdown reactor fund.--The Secretary shall establish the Federal Shutdown Reactor Fund in which amounts paid to the Secretary under subsection (b)(2) shall be deposited. (2) Utility shutdown reactor fund.--A nuclear power utility which has been shut down shall establish a Utility Shutdown Reactor Fund. The Secretary shall pay to each fund an amount from the Federal Shutdown Reactor Fund to enable the fund to be available to pay the costs of on-site storage of spent nuclear fuel and high-level radioactive waste at the shutdown reactor. SEC. 6. PRIORITY FOR SHUTDOWN REACTOR WASTE. The current spent nuclear fuel and high-level radioactive waste queue as defined in the Standard Contract (10 C.F.R. 961) shall be adjusted to place all spent nuclear fuel and high-level radioactive waste at shutdown nuclear reactors first in the queue. SEC. 7. DEFINITION. As used in this Act spent nuclear fuel and high-level radioactive waste shall be considered non-defense wastes.

Nuclear Waste Protection and Responsible Compensation Act - Prohibits commercial spent nuclear fuel and high-level radioactive waste (fuel and waste) from being transported offsite for away-from-reactor storage until a final license for a permanent disposition program is issued by the Nuclear Regulatory Commission. Authorizes State and local governments to negotiate with nuclear reactor utilities (utilities) to provide additional protections above the current Federal minimum standards to ensure that citizens and local communities are adequately protected from fuel and waste. Requires each utility, beginning in FY 2000, to retain the amount such utility would be required to pay into the Nuclear Waste Fund and deposit such amount into a nuclear waste escrow account. Requires such funds to be collected by the Secretary of Energy from each utility in September of 2004 and 2009, and deposited into such Fund. Requires interest collected on the escrow accounts to be deposited into a Utility On-site Compensation Fund, to be used for the on-site storage of fuel and waste that should have been accepted by the Secretary. Requires the Secretary to establish the Federal Shutdown Reactor Fund for reactor shutdowns. Requires a utility which has been shut down to establish a Utility Shutdown Reactor Fund for the costs of on-site storage of fuel and waste at the shut down reactor. Adjusts the current priority for reactor fuel and waste to place first in such priority all fuel and waste at shut down nuclear reactors. Provides that such fuel and waste shall be considered to be non-defense wastes under this Act.

Nuclear Waste Protection and Responsible Compensation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Partnership for Nursing Education Act of 2007''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds as follows: (1) The nursing shortage has a detrimental impact on the quality of care patients receive in health care settings and plays a role in driving up health care costs. (2) States that have developed strategies involving partnerships with educational institutions and have allocated funds toward implementing their strategies are well suited to make effective use of matching Federal funds to better address and reduce this nursing shortage (b) Purpose.--The purpose of this Act is to support State and private efforts to address lack of capacity in college and university nursing programs, the critical driving force behind the serious nursing shortage in many States with fast growing populations. SEC. 3. GRANTS TO INCREASE THE NUMBER OF QUALIFIED NURSING FACULTY. Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p) is amended by adding at the end the following: ``SEC. 832. GRANTS TO INCREASE THE NUMBER OF QUALIFIED NURSING FACULTY. ``(a) Grants.--The Secretary of Health and Human Services shall make grants to qualified States (or agencies or other governmental units thereof) to increase the number of qualified nursing faculty in college and university nursing programs in the State. ``(b) Use of Funds.-- ``(1) In general.--As a condition on the receipt of a grant under this section, a qualifying State shall agree to implement or continue implementing a program for the purpose of increasing the number of qualified nursing faculty in college and university nursing programs in the State. Such program-- ``(A) shall be implemented in cooperation with one or more colleges or universities in the State; and ``(B) shall include payment of nursing faculty salaries, benefits, training costs, operational costs, and any other costs related to such purpose. ``(2) Restrictions.--As a condition on the receipt of a grant under this section, a qualifying State shall agree-- ``(A) to use the grant only to pay costs described in paragraph (1)(B) that are associated with the number of qualified nursing faculty in college and university nursing programs in the State that is in addition to such number in academic year 2006-2007; and ``(B) to refrain from using any funds made available through the grant for capital expenses. ``(c) Amount of Grant.-- ``(1) Federal funds.--Subject to the availability of appropriations, the minimum amount of a grant to a qualifying State under this section for a fiscal year shall be $2,000,000. ``(2) State funds.--As a condition on the receipt of a grant under this section, a qualifying State shall agree-- ``(A) to use the grant to supplement and not supplant the amount of funds made available by the State for academic year 2006-2007 for maintaining the number of qualified nursing faculty in college and university nursing programs in the State; and ``(B) in addition to such funds, to make available not less than $2,000,000 for each of fiscal years 2008 through 2012 for the purpose of increasing the number of qualified nursing faculty in college and university nursing programs in the State. ``(d) Colleges and Universities.--The Secretary shall allow a qualifying State receiving a grant under this section to determine which college and university nursing programs in the State are eligible for funding through such grant. ``(e) Reports to Congress.--Not later than the end of each of fiscal years 2008 through 2012, the Secretary shall submit to the Congress a report on the grants awarded under this section. Each such report shall identify the overall number of grants awarded under this section, which States (or agencies or other governmental units thereof) received the grants, the number of new nursing faculty who were added, and the number of new nurses who are projected to graduate as a result of the grant in each State involved. ``(f) Definitions.--In this section: ``(1) The term `qualifying State' means a State that-- ``(A) is experiencing explosive population growth, with total population projected to increase by more than 50 percent between 1990 and 2025 based on data of the Bureau of the Census; ``(B) has a substantial projected shortage of nurses, such that the State is expected to have fewer than 555 nurses per 100,000 population in 2020, based on data of the Bureau of Health Professions of the Health Resources and Services Administration; and ``(C) is implementing or continuing to implement a program for the purpose of increasing the number of qualified nursing faculty in college and university nursing programs in the State. ``(2) The term `Secretary' means the Secretary of Health and Human Services. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $20,000,000 for each of fiscal years 2008 through 2012.''.

America's Partnership for Nursing Education Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make grants to states that are experiencing explosive population growth and have a substantial projected shortage of nurses to increase the number of qualified nursing faculty in college and university nursing programs in the state.

To amend the Public Health Service Act to authorize grants to increase the number of qualified nursing faculty, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare to Work Act of 1997''. SEC. 2. MODIFICATION OF PROGRAM PURPOSE. (a) In General.--Section 401 of the Social Security Act (42 U.S.C. 601) is amended to read as follows: ``SEC. 401. PURPOSE. ``The purpose of this part is to-- ``(1) help low income families attain work and economic self-sufficiency; ``(2) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; ``(3) break the cycle of dependence of needy parents on government benefits by requiring job preparation and work; ``(4) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and ``(5) encourage the formation and maintenance of two-parent families.''. (b) Conforming Change in Name of Program.-- (1) In general.-- (A) The title heading of title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by striking ``TEMPORARY''. (B) The part heading of part A of title IV of the Social Security Act is amended by striking ``TEMPORARY''. (2) Conforming amendments.-- (A) The Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended in the first section 255(h) (2 U.S.C. 905(h)), by striking ``temporary''. (B) The heading of clause (ii) of section 116(b)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by striking ``temporary''. SEC. 3. MODIFICATION OF REQUIREMENTS RELATING TO WORK. (a) Modifications to Required Contents of State Plans.--Section 402(a)(1) of the Social Security Act (42 U.S.C. 602(a)(1)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``and become self- sufficient'' and inserting ``, become self-sufficient, or earn their benefits''; and (B) in clause (ii), by striking ``24 months (whether or not consecutive)'' and inserting ``3 months''; and (2) in subparagraph (B), by striking clause (iv). (b) New Work Requirements.-- (1) In general.--Section 407 of the Social Security Act (42 U.S.C. 607) is amended to read as follows: ``SEC. 407. WORK REQUIREMENTS. ``(a) Work Required After 3 Months.--Except as provided in subsection (b), after a State has provided assistance for 3 months (whether or not consecutive) to an adult or a head of household under the State program funded under this part, the State shall ensure that, for any period for which the adult or head of household is provided with such assistance, the adult or head of household is engaged in work activities for a number of hours in the period that is not less than-- ``(1) the dollar amount of the assistance so provided during the period; divided by ``(2) the minimum wage rate in effect for the period under section 6 of the Fair Labor Standards Act of 1938. ``(b) State Authority To Make Exemptions for Good Cause.--A State shall not be considered to be in violation of subsection (a) for a period by reason of the failure of the State to ensure that, during the period, an adult or a head of household is engaged in work activities as required by subsection (a) if-- ``(1) the State determines that there is good cause not to require the adult or head of household to engage in work activities for the period; and ``(2) during the period, such a determination is in effect with respect to not more than 10 percent of the adults and heads of households receiving assistance under the State plan funded under this part. ``(c) Work Activities Defined.--As used in this section, the term `work activities' means-- ``(1) unsubsidized employment; ``(2) subsidized private sector employment; ``(3) subsidized public sector employment; ``(4) work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available; ``(5) on-the-job training; ``(6) community service programs; ``(7) vocational educational training (not to exceed 6 months with respect to any individual); ``(8) education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; and ``(9) satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate. ``(d) Nondisplacement in Work Activities.-- ``(1) In general.--Subject to paragraph (2), an adult in a family receiving assistance under a State program funded under this part attributable to funds provided by the Federal Government may fill a vacant employment position in order to engage in a work activity. ``(2) No filling of certain vacancies.--No adult in a work activity which is funded, in whole or in part, by funds provided by the Federal Government shall be employed or assigned-- ``(A) when any other individual is on layoff from the same or any substantially equivalent job; or ``(B) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1). ``(3) Grievance procedure.--A State with a program funded under this part shall establish and maintain a grievance procedure for resolving complaints of alleged violations of paragraph (2). ``(4) No preemption.--Nothing in this subsection shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement. ``(e) Review of Implementation of State Work Programs.--During fiscal year 1999, the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate shall hold hearings and engage in other appropriate activities to review the implementation of this section by the States, and shall invite the Governors of the States to testify before them regarding such implementation. Based on such hearings, such Committees may introduce such legislation as may be appropriate to remedy any problems with the State programs operated pursuant to this section.''. (2) Conforming amendments.-- (A) The heading of section 409(a)(3) of the Social Security Act (42 U.S.C. 609(a)(3)) is amended by striking ``satisfy minimum participation rates'' and inserting ``meet work requirements''. (B) Section 411(a)(1)(A)(xii) of the Social Security Act (42 U.S.C. 611(a)(1)(A)(xii)) is amended by striking ``calculate minimum participation rates under'' and inserting ``determine degree of compliance with''. (C) Section 411(a)(4) of the Social Security Act (42 U.S.C. 611(a)(4)) is amended by striking ``407(d)'' and inserting ``407(c)''. (D) Section 107 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (42 U.S.C. 613 note) is repealed. (E) Section 466(a)(15)(A)(ii) of the Social Security Act (42 U.S.C. 666(a)(15)(A)(ii)) is amended by striking ``407(d)'' and inserting ``407(c)''. (c) States Required To Provide to Recipients Engaging in Required Work Activities a Cash Benefit Based on Number of Hours of Work Activities.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)), as amended by section 5(a) of this Act, is amended by inserting after paragraph (6) the following: ``(7) Cash benefits required to be provided for recipients engaging in required work activities.--A State shall provide assistance under the State program funded under this part to a family engaging in work activities required pursuant to section 407 in the form of a monthly cash payment to the family of an amount equal to the lesser of-- ``(A) the dollar value of the assistance that would otherwise be provided to the family for the month under the State program funded under this part; or ``(B)(i) the aggregate number of hours during the immediately preceding month that the adult (or adults) in the family is (or are) engaged in such activities; multiplied by ``(ii) the minimum wage rate in effect under section 6 of the Fair Labor Standards Act of 1938.''. (d) Penalty Applicable to States for Failure To Make Required Monthly Cash Payments to Families Engaging in Required Work Activities.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a), as amended by section 7(b)(1) of this Act, is amended by inserting after paragraph (5) the following: ``(6) Failure to make required monthly cash payments to families engaging in required work activities.--If the Secretary determines that, during a fiscal year, a State has not provided to a family engaging in work activities required pursuant to section 407 a monthly cash payment in the amount required by section 408(a)(7), 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 3 times the difference (whether positive or negative) between the amount so required to be paid to the family for the month and the amount paid to the family for the month under the State program funded under this part.''. (e) Emergency Medical Services Exception to Medicaid Disqualification for Adults Who Fail To Meet Work Requirement.--Section 1931(b)(3) of the Social Security Act (42 U.S.C. 1396v(b)(3)) is amended by adding at the end the following new subparagraph: ``(C) Exception for emergency medical services.-- Subparagraph (A) shall not apply to terminate medical assistance for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3)) and that are not related to an organ transplant procedure.''. SEC. 4. INCREASED COMMITMENT TO CHILD CARE. (a) Increased Child Care Funding.--Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended to read as follows: ``(3) Appropriation.--For grants under this section, there are appropriated-- ``(A) $2,967,000,000 for fiscal year 1998; ``(B) $3,067,000,000 for fiscal year 1999; ``(C) $3,167,000,000 for fiscal year 2000; ``(D) $3,367,000,000 for fiscal year 2001; and ``(E) $3,567,000,000 for fiscal year 2002.''. (b) Child Care Required To Be Provided to Families With Children Under Age 6.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Provision of child care to families with a child under age 6.--A State to which a grant is made under section 403 shall take such steps as may be necessary to ensure that each family receiving assistance under the State program funded under this part is provided with child care for any child in the family who has not attained 6 years of age.''. (c) Penalty for Failure To Provide Required Child Care.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)), as amended by section 5(b) of this Act, is amended by inserting after paragraph (8) the following: ``(9) Failure to provide required child care.-- ``(A) In general.--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 10 percent of the State family assistance grant. ``(B) Penalty based on severity of failure.--The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.''. (d) Elimination of Penalty for Failure To Maintain Assistance to Adult Single Custodial Parents Who Cannot Obtain Child Care for Child Under Age 6.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by striking paragraph (11). SEC. 5. ELIMINATION OF 5-YEAR LIMIT ON ASSISTANCE. (a) In General.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by striking paragraph (7). (b) Elimination of Associated Penalty.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by striking paragraph (9). (c) Conforming Amendments.-- (1) Section 409(a)(7)(B)(i)(IV) of the Social Security Act (42 U.S.C. 609(a)(7)(B)(i)(IV)) is amended by striking ``, families that would be eligible for such assistance but for the application of section 408(a)(7) of this Act,''. (2) Section 411(a)(1)(A)(xvi) of the Social Security Act (42 U.S.C. 611(a)(1)(A)(xvi)) is amended-- (A) by striking subclause (III); and (C) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively. SEC. 6. CHANGES RELATED TO GRANTS TO STATES. (a) Amount of Family Assistance Grant.--Section 403(a)(1)(B) of the Social Security Act (42 U.S.C. 603(a)(1)(B)) is amended-- (1) in clause (i), by striking ``1992, 1993, and 1994'' and inserting ``1994, 1995, and 1996''; and (2) in clause (ii)(I), by striking ``1994'' and inserting ``1996''. (b) Establishment of Supplemental Grant for Operation of Work Programs in Lieu of Supplemental Grant for Population Increases in Certain States and Bonus To Reward High Performance States.--Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by striking paragraphs (3) and (4) and inserting the following: ``(3) Supplemental grant for operation of work programs.-- ``(A) In general.--Each eligible State shall be entitled to receive from the Secretary a grant, in an amount described in subparagraph (B), for each fiscal year specified in subparagraph (C), which shall be used by the State only to comply with section 407. ``(B) Amount of grant.--The amount described in this subparagraph with respect to a State is the amount that bears the same ratio to $1,000,000,000 as the amount of the State family assistance grant bears to the total of the State family assistance grants of all States. ``(C) Appropriation.--There are authorized to be appropriated for grants under this paragraph $1,000,000,000 for each of fiscal years 1997, 1998, 1999, 2000, 2001, and 2002.''. (c) Elimination of Authority To Use Portion of Grants for Other Purposes.--Section 404 of the Social Security Act (42 U.S.C. 604) is amended by striking subsection (d) and redesignating subsections (e) through (j) as subsections (d) through (i), respectively. SEC. 7. REPEAL OF FEDERAL LOANS FOR STATE WELFARE PROGRAMS. (a) In General.--Section 406 of the Social Security Act (42 U.S.C. 606) is repealed. (b) Elimination of Associated Penalty.-- (1) In general.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by striking paragraph (6). (2) Conforming amendments.-- (A) Section 409(c) of the Social Security Act (42 U.S.C. 609(c)) is amended by striking paragraph (4). (B) Section 412(f)(1) of the Social Security Act (42 U.S.C. 612(f)(1)) is amended by striking ``(a)(1), (a)(6),'' and inserting ``(a)(1) and''. SEC. 8. MISCELLANEOUS. (a) Domestic Violence Certification Required To Be Included in State Plan.--Section 402(a)(7) of the Social Security Act (42 U.S.C. 602(a)(7)) is amended-- (1) in the heading, by striking ``Optional certification'' and inserting ``Certification''; (2) by striking ``At the option of the State, a'' and inserting ``A''; (3) by inserting ``being subjected to'' before ``domestic violence'' the first 2 places such term appears; (4) by inserting ``being subjected to'' before ``further domestic violence''; and (5) by striking subparagraph (B) and inserting the following: ``(B) Domestic violence defined.--For purposes of this paragraph, an individual has been subjected to domestic violence if the individual has been subjected to-- ``(i) physical acts that resulted in, or threatened to result in, physical injury to the individual; ``(ii) sexual abuse; ``(iii) sexual activity involving a dependent child; ``(iv) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities; ``(v) threats of, or attempts at, physical or sexual abuse; ``(vi) mental abuse; or ``(vii) neglect or deprivation of medical care.''. (b) States Required To Make Initial Assessment of Recipients of Assistance.--Section 408(b) of the Social Security Act (42 U.S.C. 608(b)) is amended by striking paragraph (4). SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 1997.

Welfare to Work Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to: (1) rename the program the Assistance for Needy Families Program; (2) require work activities after three months of receiving program assistance (instead of the current 24 months), with certain good cause exceptions; (3) require cash benefits to recipients based on the number of hours engaged in required work activities; (4) increase child care funding; (5) eliminate the five-year limit on program assistance; (6) establish a supplemental grant for operation of work programs; (7) repeal authority for Federal loans for State welfare programs; (8) make mandatory the currently optional domestic violence certification with regard to State plans; and (9) eliminate State discretion with respect to an initial assessment of assistance recipients, making such assessments mandatory.

Welfare to Work Act of 1997

SECTION 1. ESTABLISHMENT OF BUREAU OF ENFORCEMENT AND BORDER AFFAIRS. (a) Establishment of Bureau.-- (1) In general.--There is established in the Department of Justice a bureau to be known as the Bureau of Enforcement and Border Affairs (in this section referred to as the ``Bureau''). (2) Director.--The head of the Bureau shall be the Director of the Bureau of Enforcement and Border Affairs who-- (A) shall be appointed by the President, by and with the advice and consent of the Senate; and (B) shall report directly to the Attorney General. (3) Compensation.--The Director shall be paid at the rate of basic pay payable for level III of the Executive Schedule. (4) Functions.--The Director shall perform such functions as are transferred to the Director by this section or otherwise vested in the Director by law. (c) Transfer of Functions.--There are transferred from the Commissioner of the Immigration and Naturalization Service to the Director all functions performed under the following programs, and all personnel, infrastructure, and funding provided to the Commissioner in support of such programs immediately before the effective date of this section: (1) The Border Patrol program. (2) The detention and deportation program. (3) The intelligence program. (4) The investigations program. (5) The inspections program. (d) References.--With respect to any function transferred by this section and exercised on or after the effective date of this section, reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to an office from which a function is transferred by this section-- (1) to the head of such office is deemed to refer to the Director of the Bureau of Enforcement and Border Affairs; or (2) to such office is deemed to refer to the Bureau. (e) Exercise of Authorities.--Except as otherwise provided by law, a Federal official to whom a function is transferred by this section may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this section. (f) Savings Provisions.-- (1) Legal documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (A) that have been issued, made, granted, or allowed to become effective by the President, the Attorney General, the Commissioner of the Immigration and Naturalization Service, the Assistant Commissioner for Border Patrol, the Assistant Commissioner for Detention and Deportation, the Assistant Commissioner for Intelligence, the Assistant Commissioner for Investigations, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this section; and (B) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date); shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (2) Proceedings.--This section shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the effective date of this section before an office whose functions are transferred by this section, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Suits.--This section shall not affect suits commenced before the effective date of this section, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4) Nonabatement of actions.--No suit, action, or other proceeding commenced by or against the Department of Justice or the Immigration and Naturalization Service, or by or against any individual in the official capacity of such individual as an officer or employee in connection with a function transferred by this section, shall abate by reason of the enactment of this section. (5) Continuance of suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer and under this section such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (6) Administrative procedure and judicial review.--Except as otherwise provided by this section, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this section shall apply to the exercise of such function by the head of the office, and other officers of the office, to which such function is transferred by this section. (g) Transfer and Allocation of Appropriations and Personnel.-- (1) In general.--The personnel of the Department of Justice employed in connection with the functions transferred by this section (and functions that the Attorney General determines are properly related to the functions of the Bureau and would, if so transferred, further the purposes of the Bureau), and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to the Immigration and Naturalization Service in connection with the functions transferred by this section, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the Bureau for appropriate allocation by the Director. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. The Attorney General shall retain the right to adjust or realign transfers effected under this section for a period of 2 years after the date of the establishment of the Bureau. (2) Effect on personnel.-- (A) In general.--The transfer under this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer to the Bureau. (B) Executive schedule.--Any person who, on the day preceding the effective date of this section, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Bureau of Enforcement and Border Affairs to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (h) Delegation and Assignment.--Except as otherwise expressly prohibited by law or otherwise provided in this section, the Director of the Bureau of Enforcement and Border Affairs to whom functions are transferred under this section may delegate any of the functions so transferred to such officers and employees of the Bureau as the Director may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this subsection or under any other provision of this section shall relieve the official to whom a function is transferred under this section of responsibility for the administration of the function. (i) Authorities of Attorney General.-- (1) Determinations.--If necessary, the Attorney General shall make any determination of the functions that are transferred under this section. (2) Incidental transfers.--The Attorney General, at such time or times as the Attorney General shall provide, may make such determinations as may be necessary with regard to the functions transferred by this section, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section. The Attorney General shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this section. (3) Authority with respect to funds.--Notwithstanding any other provision of law, the Attorney General may control retention and disbursement of funds transferred under this section. (4) Treatment of shared resources.--The Attorney General is authorized to provide for an appropriate allocation, or coordination, or both, of resources involved in supporting shared support functions for the Bureau and the Immigration and Naturalization Service other offices within the Department of Justice. Such shared support functions may include information resources management, human resources and training, security, records and forms management, equal opportunity activities, facilities and procurement administration, and budgeting. The Attorney General shall maintain oversight and control over the shared computer databases and systems and records management. (j) Definitions.--For purposes of this section: (1) The term ``Director'' means the Director of the Bureau of Enforcement and Border Affairs. (2) The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (3) The term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof. (k) Effective Date; Transition.--The transfer of functions under this section shall take effect on the date that is 180 days after the date of the enactment of this Act. The Bureau of Enforcement and Border Affairs shall be established, and the Director of the Bureau of Enforcement and Border Affairs shall be appointed, not later than such effective date. During fiscal year 1999, the Attorney General shall provide for an appropriate accounting of funds and an appropriate transfer of funds appropriated to the Bureau of Enforcement and Border Affairs to the Immigration and Naturalization Service to the extent functions to be transferred to the Bureau under this section continue to be performed by such Service.

Establishes in the Department of Justice (DOJ) the Bureau of Enforcement and Border Affairs, to be headed by a Director. Transfers from the Commissioner of the Immigration and Naturalization Service (INS) to the Director all functions, personnel, infrastructure, and funding of the following programs: (1) the Border Patrol program; (2) the detention and deportation program; (3) the intelligence program; (4) the investigations program; and (5) the inspections program. Transfers DOJ personnel and assets, liabilities, contracts, property, records, and INS funds in connection with such functions to the Bureau, for allocation by the Director. Sets forth provisions regarding: (1) continuation of proceedings and suits and nonabatement of actions in connection with transferred functions; and (2) delegation and assignment and authority regarding functions transferred.

To establish the Bureau of Enforcement and Border Affairs within the Department of Justice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Non- Proliferation Act of 2007''. SEC. 2. PROHIBITION OF THE SALE, PURCHASE, AND DISPLAY TO THE GENERAL PUBLIC OF THE SOCIAL SECURITY ACCOUNT NUMBER. (a) In General.--Title II of the Social Security Act is amended by inserting after section 208 (42 U.S.C. 408) the following new section: ``prohibition of the sale, purchase, and display to the general public of the social security account number ``Sec. 208A. (a) Definitions.--For purposes of this section: ``(1) Person.-- ``(A) In general.--Subject to subparagraph (B), the term `person' means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. ``(B) Governmental entities.--Such term does not include a governmental entity. Nothing in this subparagraph shall be construed to authorize, in connection with a governmental entity, an act or practice otherwise prohibited under this section or section 205(c)(2)(C). ``(2) Selling and purchasing.-- ``(A) In general.--Subject to subparagraph (B)-- ``(i) Sell.--The term `sell' in connection with a social security account number means to obtain, directly or indirectly, anything of value in exchange for such number. ``(ii) Purchase.--The term `purchase' in connection with a social security account number means to provide, directly or indirectly, anything of value in exchange for such number. ``(B) Exceptions.--The terms `sell' and `purchase' in connection with a social security account number do not include the submission of such number as part of-- ``(i) the process for applying for any type of Government benefits or programs (such as grants or loans or welfare or other public assistance programs), ``(ii) the administration of, or provision of benefits under, an employee benefit plan, or ``(iii) the sale, lease, merger, transfer, or exchange of a trade or business. ``(3) Display to the general public.-- ``(A) In general.--The term `display to the general public' means, in connection with a social security account number, to intentionally place such number in a viewable manner on an Internet site that is available to the general public or to make such number available in any other manner intended to provide access to such number by the general public. ``(B) Internet transmissions.--In any case in which a person requires, as a condition of doing business with such person, transmittal to such person of an individual's social security account number by means of the Internet without reasonable provisions to ensure that such number is encrypted or otherwise secured from disclosure, any such transmittal of such number as so required shall be treated as a `display to the general public' of such number by such person. ``(4) Social security account number.--The term `social security account number' has the meaning given such term in section 208(c), except that such term includes any derivative of such number. Notwithstanding the preceding sentence, any expression, contained in or on any item sold or displayed to the general public, shall not be treated as a social security account number solely because such expression sets forth not more than the last 4 digits of such number, if the remainder of such number cannot be determined based solely on such expression or any other matter presented in or on such item. ``(b) Prohibition of Sale, Purchase, and Display to the General Public.--(1) Except as provided in paragraph (2), it shall be unlawful for any person to-- ``(A) sell or purchase a social security account number or display to the general public a social security account number, or ``(B) obtain or use any individual's social security account number for the purpose of locating or identifying such individual with the intent to physically injure or harm such individual or using the identity of such individual for any illegal purpose. ``(2) Notwithstanding paragraph (1), and subject to paragraph (3), a social security account number may be sold or purchased by any person to the extent provided in this subsection (and for no other purpose) as follows: ``(A) to the extent necessary for law enforcement, including (but not limited to) the enforcement of a child support obligation, as determined under regulations issued as provided in subsection (j); ``(B) to the extent necessary for national security purposes, as determined under regulations issued as provided in subsection (j); ``(C) to the extent necessary for public health purposes; ``(D) to the extent necessary in emergency situations to protect the health or safety of 1 or more individuals; ``(E) to the extent that the sale or purchase is required to comply with a tax law of the United States or of any State (or political subdivision thereof); ``(F) to the extent that the sale or purchase is to or by a consumer reporting agency (as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f))) for use or disclosure solely for permissible purposes described in section 604(a) of such Act (15 U.S.C. 1681b(a)); and ``(G) to the extent necessary for research (other than market research) conducted by an agency or instrumentality of the United States or of a State or political subdivision thereof (or an agent of such an agency or instrumentality) for the purpose of advancing the public good, on the condition that the researcher provides adequate assurances that-- ``(i) the social security account numbers will not be used to harass, target, or publicly reveal information concerning any identifiable individuals; ``(ii) information about identifiable individuals obtained from the research will not be used to make decisions that directly affect the rights, benefits, or privileges of specific individuals; and ``(iii) the researcher has in place appropriate safeguards to protect the privacy and confidentiality of any information about identifiable individuals, including procedures to ensure that the social security account numbers will be encrypted or otherwise appropriately secured from unauthorized disclosure. ``(3) Notwithstanding paragraph (1), a social security account number assigned to an individual may be sold, purchased, or displayed to the general public by any person-- ``(A) to the extent consistent with such individual's voluntary and affirmative written consent to the sale, purchase, or display of the social security account number, but only if-- ``(i) the terms of the consent and the right to refuse consent are presented to the individual in a clear, conspicuous, and understandable manner, ``(ii) the individual is placed under no obligation to provide consent to any such sale, purchase, or display, and ``(iii) the terms of the consent authorize the individual to limit the sale, purchase, or display to purposes directly associated with the transaction with respect to which the consent is sought, and ``(B) under such circumstances as may be deemed appropriate in regulations issued as provided under subsection (j). ``(4) In the case of social security account numbers which constitute personally identifiable medical information, the Commissioner of Social Security, with respect to medical research which is referred to in paragraph (3)(A) or which is treated in regulations of the Commissioner issued pursuant to paragraph (3)(B), shall maintain ongoing consultation with the Office for Civil Rights of the Department of Health and Human Services to ensure that the sale or purchase of such social security account numbers is permitted only in compliance with existing Federal rules and regulations prescribed by the Secretary of Health and Human Services pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (110 Stat. 2033). ``(c) Prohibition of Unauthorized Disclosure to Government Agencies or Instrumentalities.--(1) It shall be unlawful for any person to communicate by any means to any agency or instrumentality of the United States or of any State or political subdivision thereof the social security account number of any individual other than such person without the written permission of such individual, unless the number was requested by the agency or instrumentality. In the case of an individual who is legally incompetent, permission provided by the individual's legal representatives shall be deemed to be permission provided by such individual. ``(2) Paragraph (1) shall not apply to the extent necessary-- ``(A) for law enforcement, including (but not limited to) the enforcement of a child support obligation, or ``(B) for national security purposes, as determined under regulations issued as provided under subsection (j). ``(d) Prohibition of the Displays on Cards or Tags Required for Access to Goods, Services, or Benefits.--No person may display a social security account number on any card or tag issued to any other person for the purpose of providing such other person access to any goods, services, or benefits or include on such card or tag a magnetic strip, bar code, or other means of communication which conveys such number. ``(e) Prohibition of the Displays on Employee Identification Cards or Tags.--No person that is an employer, and no other person offering benefits in connection with an employee benefit plan maintained by such employer or acting as an agent of such employer, may display a social security account number on any card or tag that is commonly provided to employees of such employer (or to their family members) for purposes of identification or include on such card or tag a magnetic strip, bar code, or other means of communication which conveys such number. ``(f) Measures To Preclude Unauthorized Disclosure of Social Security Account Numbers and Protect the Confidentiality of Such Numbers.--Subject to the preceding provisions of this section, any person having in such person's records the social security account number of any individual other than such person shall, to the extent that such records are maintained for the conduct of such person's trade or business-- ``(1) ensure that no officer or employee thereof has access to such number for any purpose other than as necessary for the conduct of such person's trade or business, ``(2) restrict, in accordance with regulations of the Commissioner, access to social security account numbers obtained thereby to officers and employees thereof whose duties or responsibilities require access for the conduct of such person's trade or business, and ``(3) provide such safeguards as may be specified, in regulations of the Commissioner, to be necessary or appropriate to preclude unauthorized access to the social security account number and to otherwise protect the confidentiality of such number. ``(g) Deceased Individuals.--This section does not apply with respect to the social security account number of a deceased individual. ``(h) Criminal Penalty.--Any person who violates this section shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. ``(i) Applicability of Other Protections.--Nothing in this section shall be construed to supersede, alter, or affect any restriction or limitation on the sale, purchase, display to the general public, or other disclosure of social security account numbers, provided in any Federal statute, regulation, order, or interpretation, if the restriction or limitation is greater than that provided under this section, as determined under applicable regulations issued by the Commissioner of Social Security or by another agency or instrumentality of the United States as provided in subsection (j). ``(j) Regulations.--(1) In issuing regulations to carry out the provisions of subparagraphs (A) and (B) of subsection (b)(2), subsection (b)(3)(B), and subsection (c)(2), the Commissioner of Social Security shall consult with the Attorney General of the United States, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of the Treasury, the Federal Trade Commission, the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act), the National Credit Union Administration, the Securities and Exchange Commission, State attorneys general, and such representatives of the State insurance commissioners as may be designated by the National Association of Insurance Commissioners. Any agency or instrumentality of the United States may exercise the authority of the Commissioner to issue such regulations, with respect to matters otherwise subject to regulation by such agency or instrumentality, to the extent determined appropriate in regulations of the Commissioner. ``(2) In issuing the regulations described in paragraph (1) pursuant to the provisions of subparagraph (A) or (B) of (b)(2) or subsection (c)(2) (relating to law enforcement and national security), the Commissioner may authorize the sale or purchase of social security account numbers only if the Commissioner determines that-- ``(A) such sale or purchase would serve a compelling public interest that cannot reasonably be served through alternative measures, and ``(B) such sale or purchase will not pose an unreasonable risk of identity theft, or bodily, emotional, or financial harm to an individual (taking into account any restrictions and conditions that the Commissioner imposes on the sale, purchase, or disclosure). ``(3) In issuing the regulations described in paragraph (1) pursuant to the provisions of subsection (b)(3)(B), the Commissioner may authorize the sale, purchase, or display to the general public of social security account numbers only after considering, among other relevant factors-- ``(A) the associated cost or burden to the general public, businesses, commercial enterprises, non-profit organizations, and Federal, State, and local governments; and ``(B) the associated benefit to the general public, businesses, commercial enterprises, non-profit associations, and Federal, State, and local governments. ``(4) If, after considering the factors in paragraph (3), the Commissioner authorizes, in regulations referred to in paragraph (3), the sale, purchase, or display to the general public of social security account numbers, the Commissioner shall impose restrictions and conditions on the sale, purchase, or display to the general public to the extent necessary-- ``(A) to provide reasonable assurances that social security account numbers will not be used to commit or facilitate fraud, deceptions, or crime, and ``(B) to prevent an unreasonable risk of identity theft or bodily, emotional, or financial harm to any individual, considering the nature, likelihood, and severity of the anticipated harm that could result from the sale, purchase, or display to the general public of social security account numbers, together with the nature, likelihood, and extent of any benefits that could be realized. ``(5) In the issuance of regulations described in paragraph (1), notice shall be provided as described in paragraphs (1), (2), and (3) of section 553(b) of title 5, United States Code, and opportunity to participate in the rule making shall be provided in accordance with section 553(c) of such title. ``(6) Each agency and instrumentality exercising authority to issue regulations under this subsection shall consult and coordinate with the other such agencies and instrumentalities for the purposes of assuring, to the extent possible, that the regulations prescribed by each such agency or instrumentality are consistent and comparable, as appropriate, with the regulations prescribed by the other such agencies and instrumentalities. The Commissioner shall undertake to facilitate such consultation and coordination.''. (b) Effective Date.--Initial final regulations prescribed to carry out the provisions of section 208A of the Social Security Act (added by this section) shall be issued not later than the last date of the 18th calendar month following the date of the enactment of this Act. Such provisions shall take effect 1 year after the date of the issuance of such regulations. Section 208A(b) of such Act shall apply in the case of displays to the general public (as defined in section 208A(a)(3) of such Act) to such displays to the general public originally occurring after such 1-year period. Such provisions shall not apply with respect to any such display to the general public of a record (containing a social security account number (or any derivative thereof)) generated prior to the close of such 1-year period.

Social Security Number Non-Proliferation Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prohibit the sale, purchase, and display to the general public of an individual's Social Security account number without the individual's voluntary and written consent, with certain law enforcement, national security, public health, and other exceptions. Makes it unlawful, also, to obtain or use any individual's Social Security number for the purpose of: (1) locating or identifying the individual with the intent to physically injure or harm him or her; or (2) using the individual's identity for any illegal purpose. Makes it unlawful for any person to communicate to any agency or instrumentality of the United States or of any state or local government the Social Security account number of an individual, other than his or her own, without the individual's written permission, unless the number was requested by the agency or instrumentality. Prohibits displays of Social Security account numbers on cards or tags required for access to goods, services, or benefits, and displays on employee identification cards or tags. Prescribes criminal penalties for violations of this Act.

To amend title II of the Social Security Act to prohibit the sale, purchase, and display to the general public of the Social Security account number.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Bioterrorism Countermeasures Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the events of September 11, 2001, have heightened awareness of the threat of acts of bioterrorism, including attacks directed at the domestic food supply and underlying agriculture; (2) evidence of access to and rudimentary experiments with chemical and biological agents and the reported interest in the operation of cropdusting aircraft point to possible terrorist intent to use biological or chemical weapons; (3) an attack of agricultural bioterrorism would pose serious challenges such as-- (A) hazards to human health; (B) erosion of public confidence in the safety of the domestic food supply; and (C) damage to the economy; (4) it is important to develop short- and long-term strategies and supporting technology to more effectively and efficiently protect the domestic food supply from acts of bioterrorism; (5) a program of ongoing research and development is required to reduce the vulnerability of plant and animal agriculture and the food supply; and (6) it is critical to bring Federal, academic, and private sector capacities to bear on the threat of agricultural bioterrorism. (b) Purposes.--The purposes of this Act are-- (1) to strengthen the research and development capacity of the United States to respond to the threat of agricultural bioterrorism; (2) to promote the collaboration between the Federal, academic, and private sectors in addressing agricultural bioterrorism; and (3) to strengthen the capacity of regulatory agencies to prepare for, respond to, and mitigate the consequences of a bioterrorist attack. SEC. 3. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 4. INTRAMURAL AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary shall expand Agricultural Research Service programs to protect the domestic food supply by-- (1) enhancing the capability to respond immediately to the needs of regulatory agencies involved in protecting the food supply; (2) cooperating with academic and private sector partners to maximize the impact of research and development; (3) strengthening linkages with the intelligence community to better identify research needs and evaluate acquired materials; (4) expanding the involvement of the Agricultural Research Service with international organizations dealing with plant and animal disease control; and (5) taking other appropriate measures. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007. SEC. 5. CONSORTIUM FOR COUNTERMEASURES AGAINST AGRICULTURAL BIOTERRORISM. (a) Establishment.--The Secretary shall establish a Consortium for Countermeasures Against Agricultural Bioterrorism to help form stable long-term programs of research, development, and evaluation of options to enhance the biosecurity of United States agriculture. (b) Membership.-- (1) In general.--The Consortium shall be comprised of institutions of higher education positioned to partner with Federal agencies to address agricultural bioterrorism. (2) Designation.--The Secretary shall designate for membership in the Consortium-- (A) 3 institutions of higher education that are national centers for countermeasures against agricultural bioterrorism; and (B) not more than 7 additional institutions of higher education with existing programs relating to agricultural bioterrorism. (3) National centers.--The national centers shall be selected using the following criteria: (A) Co-location of Department of Agriculture laboratories or training centers on member campuses. (B) Demonstrated expertise in the area of plant and animal diseases. (C) Strong linkages with animal and plant diagnostic laboratories. (D) Close coordination with State cooperative extension programs that work in cooperation with industry, farm and commodity organizations, and regulatory agencies. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2003 through 2007. SEC. 6. AGRICULTURAL BIOTERRORISM COMPETITIVE RESEARCH GRANTS. (a) In General.--The Secretary shall enhance the National Research Initiative of the Competitive Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants focused on the science and technology needed to protect against and deal with acts of bioterrorism directed at the domestic food supply and agriculture. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2003 through 2007. SEC. 7. EXPANSION OF ANIMAL AND PLANT HEALTH INSPECTION SERVICE ACTIVITIES. (a) In General.--The Secretary shall enhance and expand the capacity of the Animal and Plant Health Inspection Service by-- (1) increasing inspection capacity at international points of origin; (2) improving surveillance at ports of entry and customs; (3) enhancing methods of protecting against introduction of plant and animal disease organisms by terrorists; (4) adopting new strategies and technology for dealing with outbreaks of plant and animal disease arising from acts of terrorism or from unintentional introduction, including-- (A) establishing cooperative agreements among Veterinary Services of the Animal and Plant Health Inspection Service, State animal health commissions and regulatory agencies for livestock and poultry health, and private veterinary practitioners to enhance the preparedness and ability of Veterinary Services and the commissions and agencies to respond to outbreaks of such animal diseases; and (B) strengthen the planning and coordination with State and local agencies, including-- (i) State animal health commissions and regulatory agencies for livestock and poultry health; and (ii) State agriculture departments; and (5) strengthening the planning and coordination with relevant State and local agencies, including-- (A) State animal health commissions and regulatory agencies for livestock and poultry health; and (B) State agriculture departments; and (6) taking other appropriate measures. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007. SEC. 8. EXPANSION OF FOOD SAFETY INSPECTION SERVICE ACTIVITIES. (a) In General.--The Secretary shall enhance and expand the capacity of the Food Safety Inspection Service by-- (1) enhancing the ability to inspect and ensure the safety and wholesomeness of meat and poultry products; (2) developing new methods for rapid detection and identification of diseases and other hazardous agents; (3) applying new technologies to improve ante mortem and post mortem inspection procedures; (4) improving the capacity to inspect international meat and poultry products at points of origin and at ports of entry; and (5) strengthening collaboration among agencies within the Department of Agriculture and in other parts of Federal and State government through the sharing of information and technology. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $140,000,000 for each of fiscal years 2003 through 2007.

Agricultural Bioterrorism Countermeasures Act of 2001 - Directs the Secretary of Agriculture, with respect to bioterrorism countermeasures, to: (1) expand Agricultural Research Service programs to protect the domestic food supply; (2) establish a Consortium for Countermeasures Against Agricultural Bioterrorism comprised of institutions of higher education in partnership with Federal agencies to develop long-term biosecurity programs; (3) enhance the National Research Initiative of the Competitive Grants Program of the Award Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants for bioterrorism protective measures; and (4) expand the capacities of the Animal and Plant Health Inspection Service and the Food Safety Inspection Service.Authorizes appropriations.

A bill to establish a coordinated program of science-based countermeasures to address the threats of agricultural bioterrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Americas Free Trade Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The countries of the Western Hemisphere have enjoyed more success in the twentieth century in the peaceful conduct of their relations among themselves than have the countries in the rest of the world. (2) The economic prosperity of the United States and its trading partners in the Western Hemisphere is increased by the reduction of trade barriers. (3) Trade protection endangers economic prosperity in the United States and throughout the Western Hemisphere and undermines civil liberty and constitutionally limited government. (4) The successful establishment of a North American Free Trade Area sets the pattern for the reduction of trade barriers throughout the Western Hemisphere, enhancing prosperity in place of the cycle of increasing trade barriers and deepening poverty that results from a resort to protectionism and trade retaliation. (5) The reduction of government interference in the foreign and domestic sectors of a nation's economy and the concomitant promotion of economic opportunity and freedoms promote civil liberty and constitutionally limited government. (6) Countries that observe a consistent policy of free trade, the promotion of free enterprise and other economic freedoms (including effective protection of private property rights), and the removal of barriers to foreign direct investment, in the context of constitutionally limited government and minimal interference in the economy, will follow the surest and most effective prescription to alleviate poverty and provide for economic, social, and political development. SEC. 3. FREE TRADE AREA FOR THE WESTERN HEMISPHERE. (a) In General.--The President shall take action to initiate negotiations to obtain trade agreements with the sovereign countries located in the Western Hemisphere, the terms of which provide for the reduction and ultimate elimination of tariffs and other nontariff barriers to trade, for the purpose of promoting the eventual establishment of a free trade area for the entire Western Hemisphere. (b) Reciprocal Basis.--An agreement entered into under subsection (a) shall be reciprocal and provide mutual reductions in trade barriers to promote trade, economic growth, and employment. (c) Bilateral or Multilateral Basis.--Agreements may be entered into under subsection (a) on a bilateral basis with any foreign country described in that subsection or on a multilateral basis with all of such countries or any group of such countries. SEC. 4. FREE TRADE WITH FREE CUBA. (a) Restrictions Prior to Restoration of Freedom in Cuba.--The provisions of this Act shall not apply to Cuba unless the President certifies to Congress that-- (1) freedom has been restored in Cuba; and (2) the claims of United States citizens for compensation for expropriated property have been appropriately addressed. (b) Standards for the Restoration of Freedom in Cuba.--The President shall not make the certification that freedom has been restored in Cuba, for purpose of subsection (a), unless the President determines that-- (1) a constitutionally guaranteed democratic government has been established in Cuba with leaders chosen through free and fair elections; (2) the rights of individuals to private property have been restored and are effectively protected and broadly exercised in Cuba; (3) Cuba has a currency that is fully convertible domestically and internationally; (4) all political prisoners have been released in Cuba; and (5) the rights of free speech and freedom of the press in Cuba are effectively guaranteed. (c) Priority for Free Trade With Free Cuba.--Upon making the certification described in subsection (a), the President shall give priority to the negotiation of a free trade agreement with Cuba. SEC. 5. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING BILLS. (a) Introduction in House and Senate.--When the President submits to Congress a bill to implement a trade agreement described in section 3, the bill shall be introduced (by request) in the House and the Senate as described in section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)). (b) Restrictions on Content.--A bill to implement a trade agreement described in section 3-- (1) shall contain only provisions that are necessary to implement the trade agreement; and (2) may not contain any provision that establishes (or requires or authorizes the establishment of) a labor or environmental protection standard or amends (or requires or authorizes an amendment of) any labor or environmental protection standard set forth in law or regulation. (c) Point of Order in Senate.-- (1) Applicability to all legislative forms of implementing bill.--For the purposes of this subsection, the term ``implementing bill'' means the following: (A) The bill.--A bill described in subsection (a), without regard to whether that bill originated in the Senate or the House of Representatives. (B) Amendment.--An amendment to a bill referred to in subparagraph (A). (C) Conference report.--A conference report on a bill referred to in subparagraph (A). (D) Amendment between houses.--An amendment between the Houses of Congress in relation to a bill referred to in subparagraph (A). (E) Motion.--A motion in relation to an item referred to in subparagraph (A), (B), (C), or (D). (2) Making of point of order.-- (A) Against single item.--When the Senate is considering an implementing bill, a Senator may make a point of order against any part of the implementing bill that contains material in violation of a restriction under subsection (b). (B) Against several items.--Notwithstanding any other provision of law or rule of the Senate, when the Senate is considering an implementing bill, it shall be in order for a Senator to raise a single point of order that several provisions of the implementing bill violate subsection (b). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. (3) Effect of sustainment of point of order.-- (A) Against single item.--If a point of order made against a part of an implementing bill under paragraph (2)(A) is sustained by the Presiding Officer, the part of the implementing bill against which the point of order is sustained shall be deemed stricken. (B) Against several items.--In the case of a point of order made under paragraph (2)(B) against several provisions of an implementing bill, only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken. (C) Stricken matter not in order as amendment.-- Matter stricken from an implementing bill under this paragraph may not be offered as an amendment to the implementing bill (in any of its forms described in paragraph (1)) from the floor. (4) Waivers and appeals.-- (A) Waivers.--Before the Presiding Officer rules on a point of order under this subsection, any Senator may move to waive the point of order as it applies to some or all of the provisions against which the point of order is raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. (B) Appeals.--After the Presiding Officer rules on a point of order under this subsection, any Senator may appeal the ruling of the Presiding Officer on the point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. (C) Three-fifths majority required.-- (i) Waivers.--A point of order under this subsection is waived only by the affirmative vote of at least the requisite majority. (ii) Appeals.--A ruling of the Presiding Officer on a point of order under this subsection is sustained unless at least the requisite majority votes not to sustain the ruling. (iii) Requisite majority.--For purposes of clauses (i) and (ii), the requisite majority is three-fifths of the Members of the Senate, duly chosen and sworn. (d) Applicability of Fast Track Procedures.--Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (1) in subsection (b)(1)-- (A) by inserting ``section 5 of the Americas Free Trade Act,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''; and (B) by amending subparagraph (C) to read as follows: ``(C) if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements or such extension, provisions, necessary to implement such trade agreement or such extension, either repealing or amending existing laws or providing new statutory authority.''; and (2) in subsection (c)(1), by inserting ``or under section 5 of the Americas Free Trade Act,'' after ``the Uruguay Round Agreements Act,''.

Americas Free Trade Act - Requires the President to initiate trade agreement negotiations with Western Hemisphere countries for the reduction and elimination of tariffs and nontariff trade barriers and the establishment of a Western Hemisphere free trade area.Declares that this Act shall not apply to Cuba unless the President certifies to the Congress that: (1) freedom has been restored in Cuba; and (2) the claims of U.S. citizens for compensation for expropriated property have been appropriately addressed.Sets forth determinations the President must make about Cuba before certifying that freedom has been restored. Requires that, once such certification is made, priority be given to negotiation of a free trade agreement with Cuba.Applies congressional fast track procedures (no amendments) to implementing bills for trade agreements entered under this Act.

A bill to authorize negotiation of free trade agreements with countries of the Americas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Bonds and Capital Improvements Act of 1997''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``National Park Capital Improvement Fund'' means the fund established under this Act containing the revenues collected by the National Park Service from all park units in the National Park System and held in trust by the Department of the Treasury for the purpose of paying the debt service on the National Park Capital Improvement bonds. (2) The term ``National Park Capital Improvement bonds'' means bonds sold by the Department of the Treasury under this Act to generate capital to make appropriate capital improvements of National Park units as specified in this Act. (3) The term ``capital improvements'' means more than physical construction projects such as roads, visitor centers, and other infrastructure projects. The term includes one-time and periodic projects such as resource inventories, monitoring activities, and educational and interpretive programs, as well as transportation systems. The term also includes data gathering and planning needed to design projects aimed at protecting park resources. (4) The term ``National Park System'' has the meaning provided in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a)). SEC. 3. FINDINGS. Congress finds the following: (1) Our Nation's parks are among our Nation's greatest treasure and an integral part of our national heritage. We have an obligation to protect them for future generations to enjoy, learn from, and experience. (2) Unfortunately, in recent years we have failed to take proper care of our parks. In particular, more and more people are visiting our parks and fewer and fewer real dollars are being spent to protect the resources for which they were set aside--their spectacular vistas, clean and clear water, significant wildlife habitats, historic buildings, etc. (3) While it is incumbent upon Congress to appropriate adequate funds for the operation of our national parks, the backlog of natural and cultural resource protection needs together with other needs for transportation improvements, building repairs, etc., is now so great that a new source of funding to meet these needs must be found. (4) All park needs, however, are not equal. Of utmost importance and urgency is the need to protect the cultural, historic, and natural resources for which our parks were set aside to protect. These resources are our parks' capital. Unless we preserve them, there will be little reason for Americans and visitors from other countries to visit our parks. Projects that are needed to prevent ongoing or threatened harm to the resources of our parks must be given the highest priority when funding priorities are set. Similarly, projects designed to rehabilitate damage done in the past to park resources should be given the next highest priority. (5) In considering the needs of our parks, care must be taken to avoid exacerbating problems, particularly those involving visitors. Emphasis must be placed now, and into the future, on designing and implementing transportation systems which will minimize use of private cars and resultant traffic problems within the parks, while providing safe, reliable, and flexible alternatives. (6) In considering the needs of our parks, activities which do not require on the ground construction must not be slighted. In particular, educational and interpretive programs are central to the mission of our parks. Similarly, reliable and sound information is central to the solution of the problems facing them. Accordingly, these kinds of projects should be recognized as essential investments in our parks. SEC. 4. NATIONAL CAPITAL IMPROVEMENT FUND AND BONDS ISSUED BY SECRETARY OF TREASURY. (a) Fund.--There is hereby established in the Treasury a National Park Capital Improvement Fund. The Secretary of the Treasury shall deposit all the revenues collected by the National Park Service from all park units in the National Park System in such Fund. Such Fund shall be held in trust by the Secretary of the Treasury for the purpose of paying the debt service on the National Park Capital Improvement bonds. (B) Bonds.--The Secretary of the Treasury shall issue taxable bonds, the interest on which shall be paid from the National Park Capital Improvement Fund. SEC. 5. MEMORANDUM OF AGREEMENT. The Secretary of the Interior shall enter into a memorandum of agreement with the Secretary of the Treasury for the purpose of managing the National Park Capital Improvement Fund and issuing National Park Capital Improvement bonds. The memorandum shall specify each of the following: (1) The aggregate face amount of the bonds issued. Such amount may not exceed $1,500,000,000. (2) The maturity of the bonds, not to exceed 20 years. (3) The per capita amount required to amortize the bond issue, pay the interest on the bonds, and maintain a sufficient reserve consistent with Department of the Treasury standards. (4) The kinds of projects that will be funded with the bond proceeds. SEC. 6. NATIONAL PARK CAPITAL IMPROVEMENT FUND. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior is authorized and directed to credit all funds collected from the following to the National Park Capital Improvement Fund: (1) Funds collected pursuant to section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a). (2) Funds collected from the operation of concessions within the entire National Park System under the National Park Concessions Act of 1965 (16 U.S.C. 20 and following). (3) Funds collected as special use fees pursuant to the National Park Organic Act of 1916 (39 Stat. 535; 16 U.S.C. 1,2,3, and 4) and the National Park Administration Act (16 U.S.C. 1b, 1c, and 1d. (b) Use.--The National Park Capital Improvement Fund or a set-aside portion thereof shall be used by the Secretary of the Treasury to amortize the bond issue, pay the interest on the bonds, and maintain a sufficient reserve consistent with industry standards. (c) Excess Funds.--Any funds collected in excess of the amount necessary to amortize the bond issue and maintain a sufficient reserve, as determined by the Secretary of the Treasury, shall be held for use in amortizing and paying the interest on future National Park Capital Improvement bonds for the benefit of all units of the National Park System. SEC. 7. USE OF BOND PROCEEDS. (a) Eligible Projects.-- (1) In general.--Subject to such allocation of funding as may be provided in annual appropriations legislation, and subject to paragraph (2), bond proceeds under this Act may be used for projects that will-- (A) protect the natural, historic, cultural, scenic, and other resources of a park including activities which do not require on the ground construction such as obtaining reliable and sound information; (B) provide educational and interpretative programs to enrich the park resource based experience of visitors; and (C) rehabilitate, replace, or repair existing facilities or design and construct new facilities in a park unit provided that it does not create or exacerbate damage to park resources nor degrade the experience of visitors. (2) Limitation.--A project referred to in paragraph (1) shall be consistent with-- (A) the laws governing the national Park System; (B) any law governing the park unit; (C) the general management plan for the park; and (D) the current list of priority projects necessary to meet park needs. In developing the list referred to in subparagraph (D) and in carrying out projects, the resources to be protected by each project shall always be specifically identified and the highest priority shall be given, first, to projects designed to prevent ongoing resource harm and second, to rehabilitate past damage. The next highest priority shall be given to projects that protect resources and enhance the experience of visitors. In considering the needs of our parks, care must be taken to avoid exacerbating problems particularly those involving visitors. Emphasis must be placed on designing and implementing transportation systems which will minimize use of private cars and resultant traffic. No project shall be approved for funding or funded pursuant to this Act if harm to any park resources will result therefrom. (b) Interest on Bond Proceeds.--Any interest earned on bond proceeds shall be transferred into the National Park Capital Improvement Fund. SEC. 8. ADMINISTRATION. (a) Joint Regulations.--The Secretary of the Interior and the Secretary of the Treasury shall jointly issue regulations to carry out this Act. (b) Priorities.--The Secretary of the Interior shall issue regulations for the identification and prioritization of projects to be funded pursuant to this Act.

National Park Bonds and Capital Improvements Act of 1997 - Establishes in the Treasury a National Park Capital Improvement Fund. Directs the Secretary of the Treasury (the Secretary) to: (1) deposit all revenues collected by the National Park Service from all park units in the National Park System into such Fund (and requires that the Fund be held in trust by the Secretary for the purpose of paying the debt service on the National Park Capital Improvement bonds); and (2) issue taxable bonds, with the interest paid from the Fund. Requires the Secretary of the Interior to enter into a memorandum of agreement with the Secretary for the purpose of managing the Fund and issuing bonds. Directs the Secretary of the Interior to credit to the Fund specified funds collected pursuant to the Land and Water Conservation Fund Act of 1965 from the operation of concessions within the National Park System under the National Park Concessions Act of 1965 and as special use fees pursuant to the National Park Organic Act of 1916 and the National Park Administration Act. Authorizes the use of bond proceeds, subject to specified restrictions, for projects that will: (1) protect the natural, historic, cultural, scenic, and other resources of a park; (2) provide educational and interpretative programs to enrich the park resource based experience of visitors; and (3) rehabilitate, replace, or repair existing facilities or design and construct new facilities in a park unit. Sets forth provisions regarding limits on such projects, interest on bond proceeds, and regulations for the identification and prioritization of projects to be funded pursuant to this Act.

National Park Bonds and Capital Improvements Act of 1997

SECTION 1. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (as added by section 603(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 702(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 713. LIMITATION ON LIFETIME AGGREGATE LIMITS. ``(a) In General.--A group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not impose an aggregate dollar lifetime limit of less than-- ``(1) with respect to the first 3 plan years after the effective date of this section, $5,000,000; and ``(2) with respect to subsequent plan years, $10,000,000; with respect to benefits payable under the plan or coverage. ``(b) Small Employers.-- ``(1) In general.--Subsection (a) shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) offered to or maintained for employees of a small employer. ``(2) Small employer.--For purposes of paragraph (1), the term `small employer' means an employer who normally employed fewer than 20 employees on a typical business day during the preceding calendar year and who employs fewer than 20 employees on the first day of the plan year. ``(3) Application of certain rules in determination of employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the number of employees that it is reasonably expected such employer will normally employ on a typical business day in the current calendar year. ``(C) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. ``(c) Definition.--In this section, the term `aggregate dollar lifetime limit' means, with respect to benefits under a group health plan or health insurance coverage, a dollar limitation on the total amount that may be paid with respect to such benefits under the plan or health insurance coverage with respect to an individual or other coverage unit.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act, as amended by section 603 of the Newborns' and Mothers' Health Protection Act of 1996 and section 702 of the Mental Health Parity Act of 1996, is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Limitation on lifetime aggregate limits.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after the date that is 2 years after the date of enactment of this Act. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (as added by section 604(a) of the Newborns' and Mothers' Health Protection Act of 1996 and amended by section 703(a) of the Mental Health Parity Act of 1996) is amended by adding at the end the following new section: ``SEC. 2706. LIMITATION ON LIFETIME AGGREGATE LIMITS. ``(a) In General.--A group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not impose an aggregate dollar lifetime limit of less than-- ``(1) with respect to the first 3 plan years after the effective date of this section, $5,000,000; and ``(2) with respect to subsequent plan years, $10,000,000; with respect to benefits payable under the plan or coverage. ``(b) Small Employers.-- ``(1) In general.--Subsection (a) shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) offered to or maintained for employees of a small employer. ``(2) Small employer.--For purposes of paragraph (1), the term `small employer' means an employer who normally employed fewer than 20 employees on a typical business day during the preceding calendar year and who employs fewer than 20 employees on the first day of the plan year. ``(3) Application of certain rules in determination of employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the number of employees that it is reasonably expected such employer will normally employ on a typical business day in the current calendar year. ``(C) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. ``(c) Definition.--In this section, the term `aggregate dollar lifetime limit' means, with respect to benefits under a group health plan or health insurance coverage, a dollar limitation on the total amount that may be paid with respect to such benefits under the plan or health insurance coverage with respect to an individual or other coverage unit.''. (b) Effective Date.--The amendment made by this section shall apply with respect to plan years beginning on or after the date that is 2 years after the date of enactment of this Act.

Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan (and a health insurer providing coverage under a group plan) from imposing an aggregate dollar lifetime limit less than specified amounts. Exempts plans offered to or maintained for employees of employers with fewer than 20 employees.

To impose a limitation on lifetime aggregate limits imposed by health plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Base Closure Reuse Reform Act of 1997''. SEC. 2. REFORM OF PROPERTY DISPOSAL REQUIREMENTS UNDER BASE CLOSURE LAWS TO PROMOTE ECONOMIC DEVELOPMENT AND PROTECT CLOSING INSTALLATIONS. (a) Applicability of Excess Profits Clause.-- (1) 1990 Law.--Section 2905(b)(2)(A)(i) of 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) is amended by inserting before the semicolon the following: ``, except that provisions of such Act (and regulations under such Act) intended to prevent excess profits arising from the receipt of surplus property shall not apply''. (2) 1988 Law.--Section 204(b)(2)(A)(i) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended by inserting before the semicolon the following: ``, except that provisions of such Act (and regulations under such Act) intended to prevent excess profits arising from the receipt of surplus property shall not apply''. (b) Interim Lease Authority.--Section 2667(f) of title 10, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following new sentences: ``Subject to paragraph (5)(A), the Secretary concerned shall permit the lessee to make capital improvements to the leased property to facilitate economic development of the property and may not condition such permission by requiring the removal of the improvements upon the expiration of the lease. However, the United States shall not be responsible for the cost of the improvements if the property reverts to United States control upon the expiration of the lease. The Secretary concerned shall also permit the lessee to sublease the property for profit during the term of the interim lease.''; and (2) in paragraph (5)-- (A) in subparagraph (B), by striking out the first sentence and inserting in lieu thereof the following: ``Notwithstanding subsection (b)(2), an interim lease entered into under this subsection shall give the lessee the first right to acquire the property at the time of final disposal of the property. If there has been more than one interim lessee with respect to the property, the Secretary shall develop a mechanism to select between competing lessees.''; and (B) in subparagraph (C), by striking out ``Subparagraphs (A) and (B)'' and inserting in lieu thereof ``Subparagraph (A)''. (c) Lease Back Authority.--Section 2905(b)(4)(C) of 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) is amended-- (1) in clause (i)-- (A) by striking out the last sentence; and (B) by adding at the end the following new sentence: ``A component of the military department having jurisdiction over the installation before closure or realignment is not prohibited from entering into a lease under this clause with respect to property at that installation.''; (2) in clause (ii), by adding at the end the following new sentence: ``For purposes of the transfer of the real property to the redevelopment authority and the subsequent lease back, the valuation of the real property shall be deemed to be zero.''; and (3) by adding at the end the following new clause: ``(v) Subject to clause (iv), the Secretary shall give the redevelopment authority the first right to acquire property subject to a lease under clause (i) upon the termination or expiration of the lease. If, before the lease is actually entered into, the department or agency concerned determines that it does not require or desire the property and no other department or agency of the Federal Government seeks to become the lessee, the redevelopment authority shall have the first right to acquire the property. Subparagraph (B) shall apply to a transfer to the redevelopment authority under this clause.''. (d) Authority to Contract for Certain Services.-- (1) 1990 Law.--Section 2905(b)(8) of 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) is amended-- (A) in subparagraph (A)-- (i) by striking out ``local governments'' and inserting in lieu thereof ``local governments and redevelopment authorities''; and (ii) by striking out ``by such governments''; (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: ``(C) The Secretary may exercise the authority under subparagraph (A) with respect to an installation at any time after the date on which the installation is approved for closure under this part.''; and (C) in subparagraph (D)-- (i) by striking out ``for services entered into with a local government''; and (ii) by striking out ``under the jurisdiction of such government'' and inserting in lieu thereof ``of the installation''. (2) 1988 Law.--Section 204(b)(8) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (A)-- (i) by striking out ``local governments'' and inserting in lieu thereof ``local governments and redevelopment authorities''; and (ii) by striking out ``by such governments''; (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: ``(C) The Secretary may exercise the authority under subparagraph (A) with respect to an installation at any time after the date on which the installation is approved for closure under this title.''; and (C) in subparagraph (D)-- (i) by striking out ``for services entered into with a local government''; and (ii) by striking out ``under the jurisdiction of such government'' and inserting in lieu thereof ``of the installation''.

Base Closure Reuse Reform Act of 1997 - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make inapplicable to the sale of real property at a closed military installation provisions of the Federal Property and Administrative Services Act of 1949 which are intended to prevent excess profits arising from the receipt of surplus Federal property. Directs the Secretary of the military department concerned to permit the lessees of real and personal property located at a current or future closed military installation to make capital improvements to such property in order to facilitate its economic development. Sets forth conditions with respect to the cost and removal of such improvements upon lease expiration. Directs such Secretary to permit a lessee to sublet the property for profit during the term of an interim lease (a lease which runs before a final property disposal determination). Allows an interim lessee the first right to acquire the property at the time of its final disposal. Approves the use of a lease with respect to property at a closed military installation that is transferred to the redevelopment authority of such installation. Directs the Secretary of Defense to give to such authority the first right to acquire such property upon lease termination or expiration. Authorizes the Secretary to enter into an agreement for the provision by such authority of police, fire, airfield operation, and other community services at the military installation involved.

Base Closure Reuse Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institutions Examination Fairness and Reform Act''. SEC. 2. TIMELINESS OF EXAMINATION REPORTS. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at the end the following: ``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS. ``(a) In General.-- ``(1) Final examination report.--A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of-- ``(A) the exit interview for an examination of the institution; or ``(B) the provision of additional information by the institution relating to the examination. ``(2) Exit interview.--If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Office of Examination Ombudsman describing with particularity the reasons that a longer period is needed to complete the examination. ``(b) Examination Materials.--Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination.''. SEC. 3. EXAMINATION STANDARDS. (a) In General.--The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1012 the following: ``SEC. 1013. EXAMINATION STANDARDS. ``(a) In General.--In the examination of financial institutions-- ``(1) a commercial loan shall not be placed in non-accrual status solely because the collateral for such loan has deteriorated in value; ``(2) a modified or restructured commercial loan shall be removed from non-accrual status if the borrower demonstrates the ability to perform on such loan over a maximum period of 6 months, except that with respect to loans on a quarterly, semiannual, or longer repayment schedule such period shall be a maximum of 3 consecutive repayment periods; ``(3) a new appraisal on a performing commercial loan shall not be required unless an advance of new funds is involved; ``(4) in classifying a commercial loan in which there has been deterioration in collateral value, the amount to be classified shall be the portion of the deficiency relating to the decline in collateral value and repayment capacity of the borrower. ``(b) Well Capitalized Institutions.--The Federal financial institutions regulatory agencies may not require a financial institution that is well capitalized to raise additional capital in lieu of an action prohibited under subsection (a). ``(c) Consistent Loan Classifications.--The Federal financial institutions regulatory agencies shall develop and apply identical definitions and reporting requirements for non-accrual loans.''. (b) Definition of Material Supervisory Determination.--Section 309(f)(1)(A) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806(f)(1)(A)) is amended-- (1) in clause (ii), by striking ``and'' at the end; and (2) by inserting after clause (iii) the following: ``(iv) any issue specifically listed in an exam report as a matter requiring attention by the institution's management or board of directors; and''. SEC. 4. EXAMINATION OMBUDSMAN. (a) In General.--The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1013 the following: ``SEC. 1014. OFFICE OF EXAMINATION OMBUDSMAN. ``(a) Establishment.--There is established in the Council an Office of Examination Ombudsman. ``(b) Head of Office.--There is established the position of the Ombudsman, who shall serve as the head of the Office of Examination Ombudsman, and who shall be hired separately by the Council and shall be independent from any member agency of the Council. ``(c) Staffing.--The Ombudsman is authorized to hire staff to support the activities of the Office of Examination Ombudsman. ``(d) Duties.--The Ombudsman shall-- ``(1) receive and, at the Ombudsman's discretion, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; ``(2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; ``(3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; ``(4) conduct a continuing and regular program of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; ``(5) process any supervisory appeal initiated under section 1015 or section 309(e) of the Riegle Community Development and Regulatory Improvement Act of 1994; and ``(6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council's recommendations for improvements in examination procedures, practices, and policies. ``(e) Confidentiality.--The Ombudsman shall keep confidential all meetings, discussions, and information provided by financial institutions.''. (b) Definition.--Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by adding ``and'' at the end; and (3) by adding at the end the following: ``(4) the term `Ombudsman' means the Ombudsman established under section 1014(a).''. SEC. 5. RIGHT TO APPEAL BEFORE AN INDEPENDENT ADMINISTRATIVE LAW JUDGE. The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1014 the following: ``SEC. 1015. RIGHT TO APPEAL BEFORE AN INDEPENDENT ADMINISTRATIVE LAW JUDGE. ``(a) In General.--A financial institution shall have the right to appeal a material supervisory determination contained in a final report of examination. ``(b) Notice.-- ``(1) Timing.--A financial institution seeking an appeal under this section shall file a written notice with the Ombudsman within 60 days after receiving the final report or examination that is the subject of such appeal. ``(2) Identification of determination.--The written notice shall identify the material supervisory determination that is the subject of the appeal, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. ``(3) Information to be provided to institution.--Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. ``(c) Hearing Before Independent Administrative Law Judge.-- ``(1) In general.--The Ombudsman shall determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. ``(2) Hearing procedures.--If a hearing is requested by the financial institution, the hearing shall-- ``(A) take place not later than 60 days after the notice of the appeal was received by the Ombudsman; and ``(B) be conducted pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code. ``(3) Judge recommendation; standard of review.--In any hearing under this subsection-- ``(A) the administrative law judge shall recommend to the Ombudsman what determination should be made; and ``(B) in making such recommendation, the administrative law judge shall not defer to the opinions of the examiner or agency, but shall independently determine the appropriateness of the agency's decision based upon the relevant statutes, regulations, and other appropriate guidance. ``(d) Final Decision.--A decision by the Ombudsman on an appeal under this section shall-- ``(1) be made not later than 60 days after the record has been closed; and ``(2) be final agency action and shall bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. ``(e) Report.--The Ombudsman shall report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken on appeals under this section, including the types of issues that financial institutions have appealed and the results of those appeals. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. ``(f) Retaliation Prohibited.--A Federal financial institutions regulatory agency may not-- ``(1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or ``(2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section.''. SEC. 6. ADDITIONAL AMENDMENTS. (a) Riegle Community Development and Regulatory Improvement Act of 1994.--Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806), is amended-- (1) in subsection (a), by inserting after ``appropriate Federal banking agency'' the following: ``, the Bureau of Consumer Financial Protection,''; (2) in subsection (b)-- (A) in paragraph (2), by striking ``the appellant from retaliation by agency examiners'' and inserting ``the insured depository institution or insured credit union from retaliation by the agencies referred to in subsection (a)''; and (B) by adding at the end the following flush-left text: ``For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution's or credit union's rights under this section.''; and (3) in subsection (e)(2)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection.''. (b) Federal Deposit Insurance Act.--Section 18(x) of the Federal Deposit Insurance Act (12 U.S.C. 1828(x)) is amended by inserting ``the Bureau of Consumer Financial Protection,'' before ``any Federal banking agency'' each place such term appears. (c) Federal Credit Union Act.--Section 205(j) of the Federal Credit Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of Consumer Financial Protection,'' before ``the Administration'' each place such term appears. (d) Technical Corrections.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended-- (1) in section 1003(1), by striking ``the Office of Thrift Supervision,''; and (2) in section 1005, by striking ``One-fifth'' and inserting ``One-fourth''.

Financial Institutions Examination Fairness and Reform Act - Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Prohibits federal financial institutions regulatory agencies from requiring a well capitalized financial institution to raise additional capital in lieu of an action prohibited by the examination standards. Establishes in the Federal Financial Institutions Examination Council an Office of Examination Ombudsman. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Ombudsman to determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. Declares the decision by the Ombudsman on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by the CFPB, the National Credit Union Administration (NCUA) Board, or any other federal banking agency for exercising its rights.

To improve the examination of depository institutions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2015'' or the ``PREPARE Act of 2015''. SEC. 2. WILDFIRE MITIGATION. Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by inserting after section 203 the following: ``SEC. 203A. WILDFIRE MITIGATION. ``(a) Definitions.--In this section-- ``(1) the term `Administrator' means the Administrator of the Federal Emergency Management Agency; ``(2) the term `community wildfire protection plan' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511); ``(3) the term `eligible recipient' means a State or an Indian tribal government; ``(4) the term `local multi-hazard mitigation plan' means a mitigation plan developed by a local government under section 322(b) that addresses wildfire mitigation; ``(5) the term `State mitigation plan' means a mitigation plan developed by a State under section 322(c) that addresses wildfire mitigation; and ``(6) the term `tribal mitigation plan' means a mitigation plan developed by a tribal government under section 322(b) that addresses wildfire mitigation. ``(b) Establishment of Wildfire Mitigation Grant Program.--The President, acting through the Administrator, shall establish a pilot program to make grants to eligible recipients for wildfire mitigation. ``(c) Use of Funds.--A grant under this section may be used by an eligible recipient-- ``(1) to reduce the hazardous fuel load by reducing the use of fuels that may contribute to catastrophic wildfires in high- risk areas; ``(2) to invest in personnel and organizations to conduct wildfire mitigation; ``(3) to invest in vehicles and other equipment to conduct wildfire mitigation; ``(4) to mitigate against damage from runoff into waterways and floods caused by erosion from wildfires; ``(5) to build essential community collaboration and outline the necessary groundwork systems in anticipation of future fires; and ``(6) at the discretion of the Governor of a State or the Chief Executive of an Indian tribal government, and in consultation with the Administrator, for any other wildfire mitigation activities in the State or area under the jurisdiction of the Indian tribal government, as applicable, unless otherwise prohibited by law. ``(d) Eligibility for Assistance.-- ``(1) In general.-- ``(A) Eligibility.--An eligible recipient shall be eligible for assistance under this section if the section 420 grant ratio for the eligible recipient is equal to or greater than 125 percent of the population ratio of the eligible recipient. ``(B) Ratios.--For purposes of subparagraph (A)-- ``(i) the section 420 grant ratio shall be equal to the quotient of-- ``(I) the number of declarations for a grant under section 420 received by the eligible recipient during the 10 years prior to the date on which an application for assistance is submitted under this section, divided by ``(II) the total number of declarations for a grant under section 420 in the United States during the 10 years prior to the date on which an application for assistance is submitted under this section; and ``(ii) the population ratio of the eligible recipient shall be equal to the quotient of-- ``(I) the population of the State or the area under the jurisdiction of the Indian tribal government, as applicable, based on the most recent data available from the Bureau of the Census on the date on which an application for assistance is submitted under this section, divided by ``(II) the population of the United States, based on the most recent data available from the Bureau of the Census on the date on which an application for assistance is submitted under this section. ``(2) Waiver.--The President may waive the requirement of paragraph (1) if an eligible recipient-- ``(A) files a petition for waiver of the requirement of paragraph (1); and ``(B) demonstrates that significant environmental changes or shifts in forest health put the eligible recipient at an elevated risk for catastrophic wildfires, as determined by the President. ``(3) Local assistance.--The Governor of a State may award funds received under this section, to be used solely for the purposes set forth under subsection (c), to-- ``(A) any county or municipality in that State with a community wildfire protection plan or a local multi- hazard mitigation plan; ``(B) any Indian tribal government in that State with a tribal mitigation plan; or ``(C) any other entity that is explicitly referenced in and central to, in the determination of the Governor, the design of a community wildfire protection plan or a local multi-hazard mitigation plan. ``(e) Criteria for Assistance.--In determining whether to award a grant to an eligible recipient under this section, the President shall-- ``(1) give preference to-- ``(A) an eligible recipient with a high level of need for assistance based on the best scientific data available; ``(B) an eligible recipient that previously received a grant under this section and effectively used the Federal funds for wildfire mitigation activities in the State or area under the jurisdiction of the Indian tribal government, as applicable, as determined by the President; and ``(2) consider environmental conditions in a State or an area under the jurisdiction of an Indian tribal government, as applicable, including environmental changes, deteriorating forest health, and overall wildfire risk. ``(f) Application for Assistance.-- ``(1) In general.--To request a grant under this section, an eligible recipient shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may reasonably require. ``(2) Contents.--In addition to any other requirements that may be specified by the Administrator, an eligible recipient submitting an application for a grant under this section shall demonstrate that-- ``(A) in the case of an eligible recipient that is a State-- ``(i) the State has a State mitigation plan; ``(ii) the State shall provide matching non-Federal funds equal to not less than 25 percent of the amount of Federal funds made available under this subsection; ``(iii) a county or municipality that may receive funds from the grant has a community wildfire protection plan or a local multi- hazard mitigation plan; and ``(iv) an Indian tribal government that may receive funds from the grant has a tribal mitigation plan; and ``(B) in the case of an eligible recipient that is an Indian tribal government-- ``(i) the Indian tribal government has a tribal mitigation plan; and ``(ii) the Indian tribal government shall-- ``(I) provide matching non-Federal funds equal to not less than 25 percent of the amount of Federal funds made available under this subsection; or ``(II) if the Indian tribal government is a small impoverished community, as defined in section 203(a), provide non-matching Federal funds equal to not less than 10 percent of the amount of Federal funds made available under this subsection. ``(g) Report.--Not later than 1 year after the date of receipt of a grant under this section, the recipient shall submit to the Administrator a report, which shall be made publically available, on the use of funds made available under the grant. ``(h) Funding for Assistance.-- ``(1) Predisaster mitigation fund.--Subject to the availability of funds in the National Predisaster Mitigation Fund established under section 203(i), the Administrator shall use not less than $20,000,000 and not more than $30,000,000 from unobligated amounts in the National Predisaster Mitigation Fund for each of fiscal years 2016 through 2021 in carrying out this section. ``(2) Rule of construction.--Nothing in this section shall be construed to increase the amount of appropriations authorized for the Department of Homeland Security in any given fiscal year.''. SEC. 3. WILDFIRE MITIGATION ASSISTANCE. (a) In General.--Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Hazard Mitigation Assistance.--Whether or not a major disaster is declared, the President may provide hazard mitigation assistance in accordance with section 404 in any area affected by a fire for which assistance was provided under this section.''. (b) Conforming Amendments.--The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended-- (1) in section 404(a) (42 U.S.C. 5170c(a))-- (A) by inserting before the first period ``, or any area in which assistance was provided under section 420''; and (B) in the third sentence, by inserting ``or event under section 420'' after ``major disaster'' each place that term appears; and (2) in section 322 (e)(1) (42 U.S.C. 5165(e)(1)), by inserting ``or event under section 420'' after ``major disaster'' each place that term appears. SEC. 4. FACTORS TO CONSIDER FOR MAJOR DISASTER DECLARATION. Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall amend subsection (a) of section 206.48 of title 44, Code of Federal Regulations, to require the Federal Emergency Management Agency to consider, in evaluating a Governor's request for major disaster assistance under the Public Assistance Program, whether-- (1) post-fire flooding occurred within 5 years, and as a result, of a single wildfire event in the State; and (2) the State received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187) related to the major disaster for which the Governor is requesting assistance under the Public Assistance Program. SEC. 5. POST-FIRE FUNDING GUIDE. (a) Creation and Distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall create and make publically available a post-fire recovery funding and resource guide for local communities. (b) Involvement by Local Leaders.--The Administrator of the Federal Emergency Management Agency shall create the guide under subsection (a) in collaboration with local leaders who have experienced wildfires in their communities and who understand the requirements for the use of Federal disaster funds. (c) Updates.--The Administrator of the Federal Emergency Management Agency shall update the guide under subsection (a) as programs and resources change.

Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2015 or the PREPARE Act of 2015 Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Federal Emergency Management Agency (FEMA) to establish a pilot program to make grants to states or Indian tribal governments for wildfire mitigation. Permits a grant to be used: (1) to reduce the use of fuels that may contribute to catastrophic wildfires in high-risk areas; (2) to invest in personnel, organizations, vehicles, and other equipment to conduct wildfire mitigation; (3) to mitigate against damage from runoff into waterways and floods caused by erosion from wildfires; (4) to build essential community collaboration and outline the necessary groundwork systems in anticipation of future fires; and (5) for other wildlife mitigation activities at the discretion of the governor of a state or the chief executive of an Indian tribal government. Sets forth a grant eligibility requirement based on specified ratios of the relative population of, and the relative number fire management assistance grants received in the previous 10 years by, a prospective recipient. Authorizes the President to waive that requirement if a recipient demonstrates that significant environmental changes or shifts in forest health put the recipient at an elevated risk for catastrophic wildfires. Allows the governor of a state to award grant funds to: (1) any county or municipality with a community wildfire protection plan or a local multi-hazard mitigation plan, (2) any Indian tribal government with a tribal mitigation plan, or (3) any other entity that is explicitly referenced in and central to the design of a community wildfire protection plan or a local multi-hazard mitigation plan. Directs FEMA, in awarding such grants, to: (1) give preference to a recipient that has a high level of need for assistance based on the best scientific data available or that used previous grant funds efficiently and effectively for wildfire mitigation activities, and (2) consider environmental conditions in a state or area. Directs FEMA to use specified unobligated amounts in the National Predisaster Mitigation Fund for each of FY2016-FY2021 in carrying out this Act. Amends the Stafford Act to authorize the President, whether or not a major disaster is declared, to provide hazard mitigation assistance in any area affected by a fire for which assistance was otherwise provided. Directs FEMA to require FEMA, in evaluating a governor's request for major disaster assistance under the Public Assistance Program, to consider whether: (1) post-fire flooding occurred within five years of, and as a result of, a single wildfire event in the state; and (2) the state received fire management assistance related to the major disaster for which the governor is requesting assistance. Directs FEMA to create and make publicly available a post-fire recovery funding and resource guide for local communities.

PREPARE Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Disaster Family Assistance Act of 2001''. SEC. 2. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN MARITIME DISASTERS. (a) In General.--Chapter 63 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 6309. Assistance to families of passengers involved in maritime disasters ``(a) In General.--As soon as practicable after being notified of a maritime disaster within the United States involving a covered vessel operator that results in the death or disappearance of 2 or more individuals, the Secretary shall-- ``(1) designate and publicize the name and phone number of an employee of the Coast Guard as a director of family support services, who shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the disaster and as a liaison between the covered vessel operator and the families; and ``(2) designate an independent nonprofit organization, with experience in disasters and post-trauma communication with families, that shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the disaster. ``(b) Responsibilities of the Secretary.--The Secretary shall have primary Federal responsibility for-- ``(1) investigating the circumstances surrounding a maritime disaster and, in the case of a disappearance of a covered vessel, searching for such vessel until it is located or until the Secretary determines that the search is no longer appropriate; ``(2) facilitating the recovery and identification of fatally injured passengers involved in a maritime disaster described in subsection (a); ``(3) communicating with the families of passengers involved in the disaster regarding the roles of-- ``(A) the organization designated for the disaster under subsection (a)(2); ``(B) Government agencies; and ``(C) the covered vessel operator involved, with respect to the disaster and the post-disaster activities; and ``(4) working with other governmental agencies and other resources, where appropriate, to assist in facilitating the search for and recovery of any missing vessel. ``(c) Responsibilities of Designated Organization.--The organization designated for a maritime disaster under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the disaster: ``(1) To provide mental health and counseling services, in coordination with the disaster response team of the covered vessel operator involved. ``(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private. ``(3) To meet with the families who have traveled to the location of the disaster, to contact the families unable to travel to such location, and to contact all affected families regularly thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed. ``(4) To arrange a suitable memorial service, in consultation with the families. ``(d) Passenger Lists.-- ``(1) Requests for passenger lists.-- ``(A) Requests by director of family support services.--The director of family support services designated for a maritime disaster under subsection (a)(1) shall request, as soon as practicable, from the covered vessel operator involved in the disaster a list, based on the best available information at the time of the request, of the names of the passengers that were aboard the vessel involved in the disaster. ``(B) Requests by designated organization.--The organization designated under subsection (a)(2) for a disaster may request from the covered vessel operator involved in the disaster a list described in subparagraph (A). ``(2) Use of information.--The director of family support services and the organization may not release to any person information on a list obtained under paragraph (1), except that the director may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate. ``(e) Continuing Responsibilities of the Secretary.--In the course of its investigation of a maritime disaster described in subsection (a), the Secretary shall, to the maximum extent practicable, ensure that the families of passengers involved in the disaster-- ``(1) are briefed, prior to any public briefing, about the disaster and any other findings from the investigation; and ``(2) are individually informed of and allowed to attend any public hearings and meetings of the Secretary about the disaster. ``(f) Use of Covered Vessel Operator Resources.--To the extent practicable, the organization designated for a maritime disaster under subsection (a)(2) shall coordinate its activities with the covered vessel operator involved in the disaster to facilitate the reasonable use of the resources of the operator. ``(g) Prohibited Actions.-- ``(1) Actions to impede the secretary.--No person (including a State or political subdivision) may impede the ability of the Secretary (including the director of family support services designated for a maritime disaster under subsection (a)(1)), or an organization designated for a maritime disaster under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the disaster to have contact with one another. ``(2) Unsolicited communications.--No unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual (other than an employee of the covered vessel operator) injured in the maritime disaster, or to a relative of an individual involved in the disaster, before the 45th day following the date of the disaster. ``(3) Prohibition on actions to prevent mental health and counseling services.--No State or political subdivision may prevent the employees, agents, or volunteers of an organization designated for a maritime disaster under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the disaster. The director of family support services designated for the disaster under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination. ``(h) Definitions.--In this section: ``(1) Maritime disaster.--The term `maritime disaster' means any loss of, or collision involving-- ``(A) a passenger vessel or small passenger vessel providing interstate transportation of 2 or more passengers, regardless of its cause or suspected cause; or ``(B) a fishing vessel carrying 2 or more individuals. ``(2) Covered vessel operator.--The term `covered vessel operator' means the operator of-- ``(A) a passenger vessel or small passenger vessel providing interstate transportation of passengers on such vessel; or ``(B) a fishing vessel. ``(3) Passenger.--Notwithstanding section 2101(21) of this title, the term `passenger' includes-- ``(A) an employee of a person who is a covered vessel operator aboard a vessel operated by such person, including a crew member on a fishing vessel; ``(B) any other person aboard the vessel, without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for transportation on the vessel; and ``(C) any other person injured or killed in the maritime disaster. ``(4) Secretary.--Notwithstanding section 2101(34) of this title, the term `Secretary' means-- ``(A) except as provided in subparagraph (B), the head of the department in which the Coast Guard is operating, acting through the Coast Guard; or ``(B) the National Transportation Safety Board, in the case of a maritime disaster in which primary responsibility for investigation of the disaster is vested in such board. ``(i) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that a covered vessel operator may take, or the obligations that a covered vessel operator may have, in providing assistance to the families of passengers involved in a maritime disaster.''. (b) Conforming Amendments.-- (1) The heading for such chapter is amended by inserting ``and responding to'' after ``investigating''. (2) The table of sections for such chapter is amended by adding at the end the following: ``6309. Assistance to families of passengers involved in maritime disasters.''. (3) The analysis for subtitle II of title 46, United States Code, is amended in the item relating to chapter 63 by inserting ``and responding to'' after ``Investigating''.

Maritime Disaster Family Assistance Act of 2001 - Amends Federal maritime law to direct the Secretary (of the department in which the Coast Guard is operating, or the National Transportation Safety Board in certain instances), whenever notified of a maritime disaster within the United States involving a passenger vessel or fishing vessel operator that results in the death or disappearance of two or more individuals, to: (1) designate and publicize the name and phone number of an employee of the Coast Guard as a director of family support services to act as liaison between the operator and the families of the passengers involved in the disaster; and (2) designate an independent nonprofit organization for coordinating the emotional care and support of such families.Prohibits any person from impeding the Secretary (including the director of family support services), or a designated organization, in carrying out specified responsibilities or the ability of the families to have contact with one another.Prohibits unsolicited communications concerning a potential action for personal injury or wrongful death by an attorney or any potential party to the litigation to an individual (other than a vessel operator employee) injured in the maritime disaster, or to a relative, before the 45th day following the disaster.Prohibits a State from preventing a designated organizations' employees, agents, or volunteers from providing mental health and counseling services to the victims' families in the 30-day period beginning on the date of the disaster.

To establish a program of assistance to families of passengers and crew members involved in maritime disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Counsel Act of 1999''. SEC. 2. SPECIAL COUNSEL. (a) In General.--Part II of title 28, United States Code, is amended by striking chapter 40 and inserting the following: ``CHAPTER 40--SPECIAL COUNSEL ``Sec. ``591. Special counsel. ``592. Jurisdiction. ``593. Regulations. ``Sec. 591. Special counsel ``The Attorney General may appoint a special counsel who is not an officer or employee of the Federal Government to conduct the investigation or prosecution of a person for a possible violation of criminal law when the Attorney General determines that the appointment of a special counsel is in the public interest only in accordance with this chapter. ``Sec. 592. Jurisdiction ``(a) In General.--The Attorney General shall determine the special counsel's investigative and prosecutorial jurisdiction under this chapter. ``(b) Judicial Review.--The determination of jurisdiction by the Attorney General under subsection (a) shall not be subject to judicial review. ``Sec. 593. Regulations ``(a) In General.-- ``(1) Promulgation.-- ``(A) In general.--Subject to approval by Congress as provided in subsection (b), the Attorney General shall promulgate regulations governing the operation and removal of a special counsel appointed under this chapter. ``(B) Regulations not requiring approval.--A regulation promulgated by the Attorney General on the appointment of a special counsel and the investigative or prosecutorial jurisdiction of a special counsel shall not be subject to approval under this section. ``(2) Resubmission.--If regulations are disapproved under subsection (b), the Attorney General shall submit new regulations to Congress for approval not later than 60 days after the date of disapproval. Any new regulations or changes to existing regulations promulgated under this section shall be subject to Congressional approval as provided in subsection (b). ``(b) Congressional Approval.-- ``(1) In general.--Any regulations promulgated by the Attorney General under this section shall be subject to approval by joint resolution as provided in this subsection. ``(2) Contents of resolution.--For the purposes of paragraph (1), `joint resolution' means only a joint resolution introduced after the date on which Congress receives the regulations promulgated by the Attorney General under subsection (a) the matter after the resolving clause of which is as follows: ``The Congress approves the regulations promulgated by the Attorney General pursuant to section 593(a) of title 28, United States Code.''. ``(3) Referral to committee.--A resolution described in paragraph (2) introduced in the House of Representatives shall be referred to the Committee on Government Reform and the Committee on the Judiciary of the House of Representatives. A resolution described in paragraph (2) introduced in the Senate shall be referred to the Committee on Governmental Affairs and the Committee on the Judiciary of the Senate. Such a resolution may not be reported before the 8th day after its introduction. ``(4) Discharge of committee.--If the committees to which are referred a resolution described in paragraph (2) have not reported such resolution (or an identical resolution) at the end of 15 calendar days after its introduction, such committees shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. ``(5) Floor consideration.-- ``(A) In general.--When the committees to which a resolution is referred have reported, or have been deemed to be discharged (under paragraph (4)) from further consideration of, a resolution described in paragraph (2), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. ``(B) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. ``(C) Vote on final passage.--Immediately following the conclusion of the debate on a resolution described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. ``(D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in paragraph (2) shall be decided without debate. ``(6) Coordination with action by other house.--If, before the passage by one House of a resolution of that House described in paragraph (2), that House receives from the other House a resolution described in paragraph (2), then the following procedures shall apply: ``(A) The resolution of the other House shall not be referred to a committee. ``(B) With respect to a resolution described in paragraph (2) of the House receiving the resolution-- ``(i) the procedure in that House shall be the same as if no resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the resolution of the other House. ``(7) Rules of house of representatives and senate.--This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in paragraph (2), and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.''. (b) Table of Chapters.--The item for chapter 40 in the table of chapters for part II is amended by striking ``Independent Counsel'' and inserting ``Special Counsel''. SEC. 3. REGULATIONS. (a) Existing Regulations.--This Act and the amendments made by this Act shall apply to any regulations promulgated by the Attorney General with respect to the operation or removal of a special counsel who is not an officer or employee of the Federal Government to conduct the investigation or prosecution of a person for a possible violation of criminal law promulgated prior to the date of enactment of this Act. (b) Initial Regulations.--The Attorney General shall promulgate the regulations required by section 593 of title 28, United States Code, as added by section 2, not later than 60 days after the date of enactment of this Act.

Directs the Attorney General to determine the special counsel's investigative and prosecutorial jurisdiction. Specifies that such determination shall not be subject to judicial review. Directs the Attorney General, subject to congressional approval, to promulgate regulations governing the operation and removal of a special counsel. Specifies that a regulation promulgated by the Attorney General on the appointment, and the investigative or prosecutorial jurisdiction, of a special counsel shall not be subject to approval. Sets forth provisions regarding re-submission of regulations following disapproval. Sets forth procedures for congressional approval by joint resolution of such regulations, including provisions regarding the contents of the resolution, referral to and discharge of committee, floor consideration, and coordination with action by the other house.

Special Counsel Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Medical Facility Authorization and Lease Act of 2008''. SEC. 2. AUTHORIZATION FOR FISCAL YEAR 2009 MAJOR MEDICAL FACILITY PROJECTS. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2009 in the amount specified for each project: (1) Seismic corrections, Building 2, at the Department of Veterans Affairs Palo Alto Health care System, Palo Alto Division Palo Alto, California, in an amount not to exceed $54,000,000. (2) Construction of a polytrauma healthcare and rehabilitation center at the Department of Veterans Affairs Medical Center, San Antonio, Texas, in an amount not to exceed $66,000,000. (3) Seismic corrections, Building 1, at the Department of Veterans Affairs Medical Center, San Juan, Puerto Rico, in an amount not to exceed $225,900,000. SEC. 3. MODIFICATION OF AUTHORIZATION AMOUNTS FOR CERTAIN MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED. (a) Modification of Major Medical Facility Authorizations.--Section 801(a) of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461) is amended-- (1) in paragraph (1)-- (A) by striking ``$300,000,000'' and inserting ``$625,000,000''; and (B) by striking the second sentence; and (2) in paragraph (3), by striking ``$98,000,000'' and inserting ``$769,200,000''. (b) Modification of Authorization for Certain Major Medical Facility Construction Projects Previously Authorized in Connection With Capital Asset Realignment Initiative.-- (1) Correction of patient privacy deficiencies at the department of veterans affairs medical center, gainesville, florida.--Paragraph (5) of section 802 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461) is amended by striking ``$85,200,000'' and inserting ``$136,700,000''. (2) Construction of a new medical center facility at the department of veterans affairs medical center, las vegas, nevada.--Paragraph (7) of such section is amended by striking ``$406,000,000'' and inserting ``$600,400,000''. (3) Construction of a new outpatient clinic, lee county, florida.--Paragraph (8) of such section is amended-- (A) by striking ``ambulatory'' and all that follows through ``purchase,'' and inserting ``outpatient clinic in''; and (B) by striking ``$65,100,000'' and inserting ``$131,800,000''. (4) Construction of a new medical center facility, orlando, florida.--Paragraph (11) of such section is amended by striking ``$377,700,000'' and inserting ``$656,800,000''. (5) Consolidation of campuses at the university drive and h. john heinz iii divisions, pittsburgh, pennsylvania.-- Paragraph (12) of such section is amended by striking ``$189,205,000'' and inserting ``$295,600,000''. SEC. 4. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following major medical facility leases in fiscal year 2009 at the locations specified, and in an amount for each lease not to exceed the amount shown for such location: (1) For an outpatient clinic, Brandon, Florida, $4,326,000. (2) For an outpatient clinic, Colorado Springs, Colorado, $3,995,000. (3) For an outpatient clinic, Eugene, Oregon, $5,826,000. (4) For the expansion of an outpatient clinic, Green Bay, Wisconsin, $5,891,000. (5) For an outpatient clinic, Greenville, South Carolina, $3,731,000. (6) For an outpatient clinic, Mansfield, Ohio, $2,212,000. (7) For an outpatient clinic, Mayaguez, Puerto Rico, $6,276,000. (8) For an outpatient clinic, Mesa, Arizona, $5,106,000. (9) For interim research space, Palo Alto, California, $8,636,000. (10) For the expansion of an outpatient clinic, Savannah, Georgia, $3,168,000. (11) For an outpatient clinic, Sun City, Arizona, $2,295,000. (12) For a primary care annex, Tampa, Florida, $8,652,000. SEC. 5. AUTHORIZATION OF CONSTRUCTION OF MAJOR MEDICAL FACILITY, OKALOOSA COUNTY, FLORIDA. (a) Authorization.--The Secretary of Veterans Affairs shall carry out a major medical facility project to construct a new medical facility of the Department of Veterans Affairs in Okaloosa County, Florida, in an amount not to exceed $54,475,000. (b) Facility Location.--The facility authorized to be constructed pursuant to subsection (a) shall be built in accordance with option 2 of the report to Congress dated June 26, 2007, required to be submitted under section 823 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3449). (c) Plan for Sharing of Inpatient and Outpatient Services.--Not later than 180 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan that sets forth terms and conditions for the sharing of inpatient and outpatient services at the medical facility authorized to be constructed pursuant to subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations for Fiscal Year 2009 Major Medical Facility Projects.--There is authorized to be appropriated for the Secretary of Veterans Affairs for fiscal year 2009 for the Construction, Major Projects, account-- (1) $345,900,000 for the projects authorized in section 2; (2) $1,694,295,000 for the increased amounts authorized for projects whose authorizations are modified by section 3; and (3) $54,475,000 for the project authorized in section 5. (b) Authorization For Appropriations For Fiscal Year 2009 Major Medical Facility Leases.--There is authorized to be appropriated for the Secretary of Veterans Affairs for fiscal year 2009 for the Medical Facilities account, $60,114,000, for the leases authorized in section 4. SEC. 7. FACILITIES ADMINISTRATION. Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report updating the progress of the Secretary in complying with section 312A of title 38, United States Code. SEC. 8. ANNUAL REPORT ON OUTPATIENT CLINICS. (a) Annual Report Required.--Subchapter I of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8119. Annual report on outpatient clinics ``(a) Annual Report Required.--The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report on community-based outpatient clinics and other outpatient clinics. The report shall be submitted each year not later than the date on which the budget for the next fiscal year is submitted to the Congress under section 1105 of title 31. ``(b) Contents of Report.--Each report required under subsection (a) shall include the following: ``(1) A list of each community-based outpatient clinic and other outpatient clinic of the Department, and for each such clinic, the type of clinic, location, size, number of health professionals employed by the clinic, workload, whether the clinic is leased or constructed and operated by the Secretary, and the annual cost of operating the clinic. ``(2) A list of community-based outpatient clinics and other outpatient clinics that the Secretary opened during the fiscal year preceding the fiscal year during which the report is submitted and a list of clinics the Secretary proposes opening during the fiscal year during which the report is submitted and the subsequent fiscal year, together with the cost of activating each such clinic and the information required to be provided under paragraph (1) for each such clinic and proposed clinic. ``(3) A list of proposed community-based outpatient clinics and other outpatient clinics that are, as of the date of the submission of the report, under review by the National Review Panel and a list of possible locations for future clinics identified in the Department's strategic planning process, including any identified locations in rural and underserved areas. ``(4) A prioritized list of sites of care identified by the Secretary that the Secretary could establish without carrying out construction or entering into a lease, including-- ``(A) any such sites that could be expanded by hiring additional staff or allocating staff to Federal facilities or facilities operating in collaboration with the Federal Government; and ``(B) any sites established, or able to be established, under sections 8111 and 8153 of this title.''. (b) Deadline for First Annual Report.--The Secretary of Veterans Affairs shall submit the first report required under section 8119(a) of title 38, United States Code, as added by subsection (a), by not later than 90 days after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter I the following new item: ``8119. Annual report on outpatient clinics.''. SEC. 9. TECHNICAL CORRECTION. Section 807(e) of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461) is amended by striking ``Medical Care'' each place it appears and inserting ``Medical Facilities''. Passed the House of Representatives May 21, 2008. Attest: LORRAINE C. MILLER, Clerk.

Department of Veterans Affairs Medical Facility Authorization and Lease Act of 2008 - Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2009 in: (1) Palo Alto, California; (2) San Antonio, Texas; and (3) San Juan, Puerto Rico. Amends the Veterans Benefits, Health Care, and Information Technology Act of 2006 to increase the amount authorized under such Act for: (1) all projects; and (2) specified projects in Florida, Nevada, and Pennsylvania in connection with the Capital Asset Realignment Initiative. Authorizes the Secretary to carry out specified major medical facility leases (leases) in FY2009 in Arizona, California, Colorado, Florida, Georgia, Ohio, Oregon, Puerto Rico, South Carolina, and Wisconsin. Authorizes the Secretary to carry out a project in Okaloosa County, Florida. Authorizes appropriations for projects and leases authorized or increased under this Act. Directs the Secretary to submit to the congressional veterans' committees: (1) a report updating progress made in complying with provisions requiring the establishment of, and responsibilities for, a Department of Veterans Affairs (VA) Director of Construction and Facilities Management; and (2) an annual report on VA community-based outpatient clinics and other outpatient clinics.

To authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 2009, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telemarketing Relief Act of 2002''. SEC. 2. ESTABLISHMENT OF TELEMARKETER NO-CALL LIST BY FEDERAL TRADE COMMISSION. Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall amend its rules under section 3(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)), to-- (1) establish a list of telephone numbers of consumers who have notified the Commission or a Federal agency referred to in section 3 that they do not want to receive telephone calls for telemarketing purposes; (2) specify the manner by which consumers shall notify the Commission for purposes of paragraph (1); (3) make the list under paragraph (1) available to the public; and (4) subject to section 3, prohibit, as a deceptive or abusive telemarketing act or practice, the making of any telephone call for telemarketing purposes to a telephone number included on the list under paragraph (2). SEC. 3. RULES BY OTHER FEDERAL AGENCIES. (a) In General.--Not later than 90 days after the effective date of rules issued under section 2, and subject to subsection (c)-- (1) the Securities and Exchange Commission shall amend its rules under section 3(d) of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102(d)) in substantially the same manner as the Federal Trade Commission amends its rules pursuant to subsection (a) of this section, subject to the exception set forth in section 3(d)(1)(B) of that Act; (2) the Commodity Futures Trading Commission shall amend its rules under section 6(f) of the Commodity Exchange Act (7 U.S.C. 9b), in substantially the same such manner, subject to the exceptions set forth in paragraph (2) of that section; and (3) the Board of Governors of the Federal Reserve System, the Federal Home Loan Bank Board, and the National Credit Union Administration Board shall each amend its rules under section 18(f) of the Federal Trade Commission Act (15 U.S.C. 57a) in substantially the same such manner, subject to the exceptions set forth in clauses (A) and (B) of paragraph (1) of that section. (b) Federal Communication Commission Rules.-- (1) Promulgation.-- (A) In general.--Except as provided in subparagraph (B), and subject to subsection (c), not later than 90 days after the effective date of rules promulgated by the Federal Trade Commission under section 2, the Federal Communications Commission shall promulgate rules substantially similar to such rules to prohibit deceptive and other abusive telemarketing acts or practices by persons described in paragraph (2). (B) Exception.--The Federal Communications Commission is not required to promulgate a rule under subparagraph (A) if it determines that-- (i) rules adopted by the Federal Communications Commission provide protection from deceptive and other abusive telemarketing by persons described in paragraph (2) substantially similar to that provided by rules promulgated by the Federal Trade Commission under section 2; or (ii) such a rule promulgated by the Federal Communications Commission is not necessary or appropriate in the public interest, or for the protection of consumers. (C) Publication of determination.--If the Federal Communications Commission determines that an exception described in clause (i) or (ii) of subparagraph (B) applies, the Federal Communications Commission shall publish in the Federal Register its determination with the reasons for it. (2) Application.--The rules promulgated by the Federal Communications Commission under paragraph (1)(A) shall apply to a provider of telephone exchange service or telephone toll service as defined under section 3 of the Communications Act of 1934 (47 U.S.C. 153). (3) Enforcement.--Rules issued by the Federal Communications Commission under this Act shall be enforced by the Federal Communications Commission in the same manner as rules issued by the Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.) (c) Enforcement of No-Call List Maintained by Federal Trade Commission.--Rules issued under this section shall prohibit the making of any telephone call for telemarketing purposes to a telephone number included on the list established and published by the Federal Trade Commission under section 2. (d) Provision of List to Federal Trade Commission.--Each Federal agency referred to in subsection (a) or (b) shall promptly provide to the Federal Trade Commission the list of telephone numbers established by the agency pursuant to section 2(1), and any revisions to such list. SEC. 4. EXCEPTIONS. The rules under this Act shall not prohibit use of a telephone number of a consumer for any of the following: (1) Charitable, political opinion polling, or other nonprofit activities. (2) Use with the consumer's prior written or verbal permission. (3) Contacting a consumer in response to the consumer's visit to an establishment with a fixed location. (4) Use primarily in connection with an existing debt of the consumer or contract with the consumer that has not been paid or performed, respectively. (5) Communication by a person with the consumer regarding an existing relationship between the person and the consumer. (6) Compilation, by a provider of telephone exchange service or telephone toll service as defined under section 3 of the Communications Act of 1934 (47 U.S.C. 153), of a directory of telephone numbers of that provider. (7) Use by one business to communicate with another business.

Telemarketing Relief Act of 2002 - Requires the Federal Trade Commission (FTC) to amend rules established under the Telemarketing and Consumer Fraud and Abuse Prevention Act to: (1) establish a list of phone numbers of consumers who have notified the FTC or an entity specified below that they do not wish to receive telemarketing calls; (2) specify the manner of such notification; (3) make such list available to the public; and (4) prohibit, as a deceptive or abusive telemarketing act or practice, the making of any telemarketing call to a number so listed.Requires the following entities to amend their rules in substantially the same manner: (1) the Securities and Exchange Commission; (2) the Commodity Futures Trading Commission; (3) the Federal Reserve System; (4) the Federal Home Loan Bank Board; and (5) the National Credit Union Administration.Provides exceptions to the rules amended under this Act, including for: (1) charitable, political opinion polling, or other nonprofit activities; and (2) calls made with the consumer's prior written or verbal permission.

To direct the Federal Trade Commission to issue rules that establish a list of telephone numbers of consumers who do not want to receive telephone calls for telemarketing purposes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Democracy Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) in the Memorandum on the Commonwealth of Puerto Rico (28 Weekly Comp. Pres. Doc. 2324, dated November 30, 1992), President George H.W. Bush recognized that ``[a]s long as Puerto Rico is a territory ... the will of its people regarding their political status should be ascertained periodically by means of a general right of referendum . . .''; (2) consistent with this policy, in Executive Order No. 13183 (65 Fed. Reg. 82889), President William J. Clinton established the President's Task Force on Puerto Rico's Status to identify-- (A) options for the territory's future political status ``... that are not incompatible with the Constitution and basic laws and policies of the United States ...''; and (B) the process for realizing the identified options; (3) in Executive Order 13319 (68 Fed. Reg. 68233), President George W. Bush amended Executive Order No. 13183 (65 Fed. Reg. 82889) to require that the President's Task Force on Puerto Rico's Status issue a report ``... no less frequently than once every 2 years, on progress made in the determination of Puerto Rico's ultimate status.''; and (4) on December 22, 2005, the Task Force appointed by President George W. Bush issued a report recommending that not later than 1 year after the date on which the report was published, Congress should provide for a federally sanctioned plebiscite in which the people of Puerto Rico would be asked to vote on whether the people opt to-- (A) remain a United States territory; or (B) pursue a constitutionally viable path toward a permanent nonterritorial status with the United States. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Puerto Rico State Elections Commission. (2) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Puerto Rico. (3) Task force.--The term ``Task Force'' means the President's Task Force on Puerto Rico's Status. SEC. 4. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF- DETERMINATION. (a) Plebiscite.-- (1) In general.--During the 110th Congress, but not later than December 31, 2007, the Commission shall conduct a plebiscite in the Commonwealth, the ballot of which shall provide for voters to choose only 1 of the following options: (A) ``The Commonwealth of Puerto Rico should continue to be a territory of the United States. If you agree, mark here____.''. (B) ``The Commonwealth of Puerto Rico should pursue a path toward permanent non-territory status. If you agree, mark here ______. ''. (2) Rules and regulations.--The Commission shall issue any rules and regulations necessary to conduct the plebiscite under this subsection. (3) Certification of results.--The Commission shall certify the results of the plebiscite conducted under this subsection to the President and Congress. (b) Federal Court Jurisdiction.--The Federal courts of the United States shall have exclusive jurisdiction over any legal claim or controversy arising from the implementation of this Act. SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS. (a) Availability of Amounts Derived From Tax on Foreign Rum.-- (1) In general.--During the period beginning on October 1, 2006, and ending on the date on which the results of the plebiscite have been certified under section 4(a)(3), the Secretary of the Treasury shall allocate to the Commission, from amounts that would otherwise be covered into the treasury of the Commonwealth under section 7652(e)(1) of the Internal Revenue Code of 1986, not more than $5,000,000 to pay the costs incurred by the Commission in conducting the plebiscite, as determined under paragraph (2). (2) Determination by the task force.--The amount needed to cover the costs of the plebiscite shall be determined by the Task Force. (b) Use of Funds for Educational and Other Materials.--The amounts made available to the Commission under subsection (a)(1) may be used for the cost of voter education materials if the content of the materials has been certified by the Task Force as not being incompatible with the Constitution or any Federal laws or policies.

Puerto Rico Democracy Act of 2006 - Directs the Puerto Rico State Elections Commission to conduct a plebiscite in Puerto Rico during the 110th Congress on the sole question of continued U.S. territorial status or a path toward a permanent non-territorial status.

A bill to provide for a plebiscite in Puerto Rico on the status of the territory.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Point Spencer Coast Guard and Public-Private Sector Infrastructure Development Facilitation and Land Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) BSNC.--The term ``BSNC'' means the Bering Straits Native Corporation authorized under section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) to represent and manage land and resources from the settlement of aboriginal claims of indigenous Alaska Natives in the Bering Strait region of the State, including Inupiat, Yup'ik, and Siberian Yupik peoples. (2) Governor.--The term ``Governor'' means Governor of the State of Alaska. (3) Point spencer map or map.--The term ``Point Spencer Map'' or ``Map'' means the map entitled the ``Point Spencer Land Conveyance Map'' dated April 2014, and on file with the Department of Homeland Security (the department in which the Coast Guard is operating) and the Department of the Interior. (4) Point spencer parcel or parcel.--The term ``Point Spencer Parcel'' or ``Parcel'' means the approximately 2,648 acres of land at Point Spencer withdrawn by the Public Land Order. The Point Spencer Parcel is located in Townships 2, 3, and 4 South, Range 40 West, Kateel River Meridian, Alaska. (5) Public land order.--The term ``Public Land Order'' means Public Land Order 2650 published in the Federal Register on April 12, 1962. (6) Secretary.--The term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating. (7) State.--The term ``State'' means the State of Alaska. (8) Public aircraft.--The term ``Public Aircraft'' means any aircraft owned by, operated by, or chartered by the United States, or owned, operated, or chartered by a contractor of the United States for the performance of a Federal contract on or from Point Spencer. SEC. 3. PURPOSES. The purposes of this Act are: (1) To designate lands at Point Spencer that are to be-- (A) retained by the Coast Guard; (B) conveyed to, or leased by, the State of Alaska; and (C) conveyed to the BSNC. (2) To provide for a reasonable, pragmatic, equitable, and workable way to balance Federal, State, BSNC and other private sector interests in the decommissioned and vacated former LORAN station located on the Point Spencer Parcel. (3) To provide a means for future uses of Point Spencer by Federal, State, and private sector stakeholders for a variety of tasks and missions, including, but not limited to, search and rescue, shipping safety, economic development, oil spill prevention and response, protection of Alaska Native items of antiquity, port of refuge, arctic research, maritime law enforcement on the Bering Sea, the Chukchi Sea, and the Arctic Ocean, and related uses. (4) To require the development of a Joint Management Plan for the lands retained, conveyed, or leased under this Act by the Coast Guard, the State, and the BSNC. SEC. 4. RETENTION AND CONVEYANCE OF LAND. (a) Land for Use by the Coast Guard.-- (1) In general.--Notwithstanding any other provision of law and subject to valid existing rights, tracts 1, 3, and 4, as depicted on the Map, shall remain withdrawn pursuant to the Public Land Order for use by and under the jurisdiction of the Coast Guard unless and until the Secretary determines that-- (A) except as provided in paragraph (2), the Coast Guard no longer needs to retain jurisdiction over any portion of tract 1, 3, or 4; and (B) all land from tract 1, 3, or 4 as identified in subparagraph (A) has been remediated to meet the standards for industrial land developed by the Alaska Department of Environmental Conservation. (2) Potential conveyance to bsnc and lease back to the coast guard.-- (A) The Secretary shall notify the Secretary of the Interior of any determination made under paragraph (1). (B) Upon notification under subparagraph (A), the Secretary of the Interior shall then convey lands for which a determination has been made under paragraph (1) to the BSNC. (C) Lands conveyed to the BSNC under subparagraph (B), upon a request of the Secretary, shall be leased to the Coast Guard at no cost under existing law and shall be charged against the remaining entitlement of the BSNC under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) as set forth in section 4(d)(1)(B). (3) Airstrip rights.--Notwithstanding paragraph (2), the Secretary shall retain an easement over all existing and future airstrips, runways, and taxiways, located on tract 2 authorizing the use of such airstrips, runways and taxiways by Public Aircraft at no cost. (b) Conveyance or Lease to the State of Tract 2 and Tract 6.-- (1) In general.-- (A) The State may choose to receive conveyance of the surface and subsurface estates of tract 2 and tract 6, or, in lieu of a conveyance of such lands, may lease tract 2 and tract 6 at no cost from the BSNC after conveyance of tract 2 and tract 6 to the BSNC by the Secretary of the Interior. (B) The State shall notify the Secretary of the Interior of its choice made under subparagraph (A) in writing. Such notification by the State shall be deemed to constitute relinquishment of the State's selection of lands in tract 2 and tract 6 and agreement that the Secretary of the Interior shall convey such land to the BSNC. (C) Notwithstanding any other provision of law, and subject to valid existing rights, upon completion of all applicable conditions required under subsection (d), and if the State chooses to receive conveyance of tract 2 and tract 6 under subparagraph (A), the Secretary of the Interior shall convey to the State all right, title, and interest of the United States in and to the surface and subsurface estates of tract 2 and tract 6, as depicted on the Point Spencer Map. The conveyance of such estates comprising tract 2 and tract 6 shall be charged against the State's entitlement under the Statehood Act (the Alaska Statehood Act of July 7, 1958 (Public Law 85-508; 72 Stat. 339, as amended)). (D) If the State chooses under subparagraph (A) to lease lands in tract 2 and tract 6, such lands shall be conveyed by the Secretary of the Interior under the Alaska Native Claims Settlement Act to the BSNC. The BSNC shall then lease such lands to the State at no cost to the State. (E) The BSNC shall have the right to use all existing and future airstrips, runways or and taxiways located on tract 2 for access to and from the Parcel, provided, however, that the State may charge the BSNC and other private sector entities that use such airstrips usual and customary landing fees or related services for similar locations elsewhere in Alaska to help defray maintenance and administrative costs associated with the operation of the airstrip. (2) Right-of-way to and from airstrip.-- (A) In general.--Notwithstanding any conveyance made under this Act, if requested by the State, the Secretary of the Interior shall provide to the State over the lands to be conveyed to the BSNC and those retained by the Coast Guard, a right-of-way at no cost for a road from the airstrip in tract 2, as depicted on the Point Spencer Map, to the southern tip of the Parcel. (B) Location.--If the State determines to exercise its right to the right-of-way in subparagraph (A), the location of such right-of-way shall be determined by the State, in consultation with the Coast Guard and the BSNC so that the road will be compatible with other existing or planned infrastructure development on Point Spencer in accordance with the Joint Management Plan. (c) Conveyance to the BSNC of Tract 5.-- (1) In general.--Notwithstanding any other provision of law, and subject to valid existing rights and the provisions of paragraph (2), upon completion of all applicable conditions precedent required under subsection (d), and certification that any necessary clean-up and remediation of tract 5 has been completed to the standards set out in subsection (e)(2), or that the BSNC has indicated by a resolution of its Board of Directors submitted to the Secretary of the Interior before conveyance that it is willing to accept tract 5 as is at the time of such conveyance, the Secretary of the Interior shall convey to the BSNC all right, title, and interest of the United States in and to the surface and subsurface estates of tract 5, as depicted on the Point Spencer Map. The conveyance of tract 5 to the BSNC shall reserve to the United States the provisions set out in paragraph (4). (2) Airspace easement.--The State, Coast Guard, and the BSNC shall negotiate an airspace easement bordering the airstrip over land retained by the Coast Guard and over land conveyed to the BSNC as reasonable and necessary for safety and air operations. The State, Coast Guard, and the BSNC shall notify the Secretary of the Interior upon completion of such negotiations regarding the land in tract 2 and tract 5 that shall be subject to the airspace easement. (3) Public access easement.--No public access easements shall be reserved to the United States under section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)) with respect to the land conveyed under paragraph (1) or subsequent conveyances under section 4(a)(1) (A) and (B). (4) Archaeological and cultural resources.-- (A) In general.--Except as provided in subparagraph (B), with respect to any archaeological resources contained in the land conveyed under paragraph (1) (tract 5), the United States shall retain, until otherwise notified under subparagraph (B), the authority and responsibility to enforce-- (i) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); (ii) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (iii) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.). (B) Notification.-- (i) In general.--Not later than 270 days after the date of the enactment of this Act, the BSNC shall submit to the Secretary of the Interior a map that indicates the areas of tract 5 over which the Secretary of the Interior shall continue to retain the authority to enforce the Acts listed in subparagraph (A). (ii) Enforcement after notification.--On receipt of the map described in clause (i)-- (I) the Secretary of the Interior shall cease enforcing any of the Acts listed in subparagraph (A) on land located in tract 5 but outside of the areas described in subparagraph (B)(i); and (II) any future enforcement outside of the areas described in subparagraph (B)(i) shall be conducted in accordance with the Acts listed in subparagraph (A). (d) Conditions Precedent to Conveyance.-- (1) Bering straits native corporation.--Not later than 120 days after the date of enactment of this Act, with respect to any land leased under subsection (a)(2), (b) or conveyed under subsection (c) to BSNC, BSNC shall provide to the Secretary of the Interior, acting through the Alaska State Director of the Bureau of Land Management, a corporate resolution adopted by the Board of Directors of the BSNC-- (A) accepting the conveyance of any portions of tract 1, 2, 3, 4, 5, or 6, as depicted on the Point Spencer Map, under this section; (B) agreeing that the conveyances made pursuant to this Act will be charged against the remaining entitlement of the BSNC under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) for a total of 2,320 acres, including any portion of tract 1, 2, 3, 4, or 6, as depicted on the Map, irrespective of the date of conveyance; and (C) waiving the survey requirement of section 13 of the Alaska Native Claims Settlement Act (43 U.S.C. 1612), as to the land conveyed to the BSNC under subsection (c) or otherwise pursuant to this Act. (2) State.--Not later than 120 days after the date of the enactment of this Act and as a condition precedent to any land conveyed under this section, the Governor shall submit to the Secretary of the Interior, acting through the Alaska State Director of the Bureau of Land Management, a statement-- (A) accepting the option for conveyance of tract 2 and tract 6 as depicted on the Map or choosing to lease tract 2 and tract 6 pursuant to subsection (b)(1) of this section; (B) relinquishing selection applications F-44467 and F-89393 as to those lands to be conveyed to BSNC acknowledging that such relinquishment shall become effective upon conveyance of any or all of tracts 1 through 6 irrespective of the dates of such conveyances; (C) agreeing that if the conveyance option to the State under subsection (b) is chosen, such conveyance will be charged against the remaining entitlement of the State under section 6(b) of the Act of July 7, 1958 (commonly known as the ``Alaska Statehood Act'' (Public Law 85-508; 72 Stat. 339, as amended)), for a total of 180 acres; and (D) waiving the survey requirement of section 6(g) of that Act as to the land conveyed under subsection (b). (e) Administrative.-- (1) In general.--On the dates on which the conveyances under this section are complete-- (A) the portion of the Parcel conveyed to the BSNC shall be charged against the remaining entitlement of the BSNC under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) and be considered a conveyance under that Act; and (B) the portion of the Parcel conveyed to the State shall be charged against the remaining entitlement of the State under section 6(b) of the Act of July 7, 1958 (commonly known as the ``Alaska Statehood Act'' (Public Law 85-508; 72 Stat. 339, as amended)), and be considered a conveyance under that Act. (2) Clean-up and remediation.--To the extent cleanup and remediation of hazardous materials on any tract of the Point Spencer Parcel is required by law, and notwithstanding any other provision of law-- (A) clean-up and remediation shall be performed in accordance with the State of Alaska Department of Environmental Conservation standards for land used for industrial purposes; and (B) notwithstanding subparagraph (A), any known contamination that does not pose any immediate or long- term health risk shall be routinely monitored through institutional controls. (3) Tidelands and submerged lands.-- (A) Ownership of the tidelands and submerged lands adjacent to Point Spencer were presumptively conveyed to the State of Alaska as provided by the Submerged Lands Act of 1953, as amended, and made applicable to the State of Alaska under section 6(m) of the Alaska Statehood Act, 72 Stat. 343 (1958). (B) The Secretary is authorized to exercise the dominant Federal Navigational Servitude to install temporary or permanent structures at no cost in or on the tidelands and submerged lands of Point Spencer, including, but not limited to, mooring buoy sinkers, temporary or permanent piers, docks, or wharves. (C) Nothing in this Act alters the existing ownership by the State of tidelands and submerged lands under existing State of Alaska and Federal law. (4) Joint management plan.-- (A) The Secretary, the State, and the BSNC shall develop a Joint Management Plan for the use and management of the lands retained, conveyed or leased under this Act. (B) The Joint Management Plan shall be updated annually for the first 5 years and biennially thereafter.

Point Spencer Coast Guard and Public-Private Sector Infrastructure Development Facilitation and Land Conveyance Act - Designates certain land at Point Spencer in Alaska (a parcel of land on which a decommissioned long range radio navigation station was located) to be: (1) retained by the Coast Guard; (2) conveyed to, or leased by, the state of Alaska; and (3) conveyed to the Bering Straits Native Corporation (BSNC) (a corporation authorized to represent and manage land and resources from the settlement of aboriginal claims of indigenous Alaska Natives in the Bering Strait region). Requires the Secretary of the department in which the Coast Guard is operating to retain an easement authorizing public aircraft to use all existing and future airstrips, runways, and taxiways on a specified tract of such land at no cost. Defines "public aircraft" as any aircraft owned by, operated by, or chartered by the United States or by a contractor of the United States for the performance of a federal contract on or from Point Spencer. Sets forth requirements concerning: (1) conveyed lands that are leased back to the Coast Guard upon the Secretary's request, (2) airspace easements, and (3) rights-of-way on roads to and from airstrips. Requires the United States to retain the authority to enforce archaeological and historic preservation laws on certain land. Directs the Secretary, the state of Alaska, and the BSNC to develop a joint management plan for the use and management of the lands retained, conveyed, or leased under this Act.

Point Spencer Coast Guard and Public-Private Sector Infrastructure Development Facilitation and Land Conveyance Act

SECTION 1. FINDINGS. Congress finds the following: (1) The Office of Counterterrorism of the Department of State has stated, ``FTO (Foreign Terrorist Organizations) designations play a critical role in our fight against terrorism and are an effective means of curtailing support for terrorist activities and pressuring groups to get out of the terrorism business.''. (2) Assistant Secretary Brownfield acknowledged in sworn testimony on October 4, 2011, that ``[M]any of the facts on the ground, the things that are being done by those organizations (drug cartels), are consistent with what we would call either terrorism or insurgency in other countries.''. (3) On October 27, 2011, Secretary Clinton during a Congressional Hearing stated: ``. . . we are sensitive to the characteristics that some of these drug traffickers have adopted that certainly resemble terrorist activities . . . I have said it has characteristics of an insurgency . . .''. (4) When Americans at home and abroad, including agents assigned to protect United States borders and national security, are targeted, threatened, and attacked by such foreign entities, it threatens the safety and security of the United States and its people. (5) Mexican drug cartels maintain drug-distribution networks, or supply drugs to distributors, in at least 230 American cities, leading the Justice Department to call Mexican drug cartels the ``greatest organized crime threat'' to the United States. (6) On March 13, 2010, Lesley A. Enriquez, an employee of the United States consulate in Mexico, and her husband, Arthur H. Redelfs, a detention officer with the El Paso County Jail, were targeted and killed allegedly by a drug trafficking organization (DTO). (7) On February 15, 2011, the Zeta DTO boldly attacked and killed United States Immigration and Customs Enforcement agent Jamie Zapata, and wounded a second agent, Victor Avila. (8) Since President Calderon took office in late 2006, assaults on Border Patrol agents have increased from 729 in fiscal year 2006 to 1,039 in fiscal year 2011. (9) In Mexico, there have been over 8,000 homicides in 2011, increasing the number of deaths related to organized crime and pushing the number of deaths to over 40,000 since President Calderon came to office in late 2006. (10) In early August 2010, President Calderon described the violence perpetrated by the DTOs as ``a challenge to the state, an attempt to replace the state''. (11) In 2010 there were 13 political assassinations, including several that took place around the July municipal and state elections. (12) In the 5 years of the Calderon government's crackdown on the DTOs, more than 40 journalists in Mexico have been murdered or disappeared according to the International Committee to Protect Journalists, including at least 7 journalists in 2011. (13) DTOs use car bombs, displays of murdered individuals, body mutilations, beheadings, and other indiscriminate attacks on civilians, including the August 25, 2011, Casino Royale arson fire in Monterrey, to intimidate the public. (14) President Calderon's response to a DTO's burning of the Casino Royale and murder of 52 innocent civilians was, ``We are facing true terrorists . . .''. (15) The Mexican drug cartels meet all of the legal criteria for designation as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189): (A) The organizations are foreign organizations. (B) The organizations engage in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B))) or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2))), or retain the capability and intent to engage in terrorist activity or terrorism. (C) The terrorist activity or terrorism of the organizations threatens the security of United States nationals or the national security of the United States. SEC. 2. DESIGNATION. The Secretary of State shall designate under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) as a foreign terrorist organization the following: (1) The Arellano Felix Organization. (2) The Los Zetas Cartel. (3) The Juarez Cartel. (4) The Beltran Leyva Organization. (5) La Familia Michoacana. (6) The Sinaloa Cartel. (7) The Gulf Cartel/New Federation. SEC. 3. REPORT. (a) In General.--The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the activities the Department of State is taking to assist Mexico with drug cartel violence, including programs under the Merida Initiative, training programs, and equipment. (b) Definition.--In this section, the term ``Merida Initiative'' means the program announced by the United States and Mexico on October 22, 2007, to fight illicit narcotics trafficking and criminal organizations throughout the Western Hemisphere.

Directs the Secretary of State to designate as a foreign terrorist organization each of the following: (1) the Arellano Felix Organization, (2) the Los Zetas Cartel, (3) the Juarez Cartel, (4) the Beltran Leyva Organization, (5) la Familia Michoacana, (6) the Sinaloa Cartel, and (7) the Gulf Cartel/New Federation. Directs the Secretary to report on Department of State activities to assist Mexico with drug cartel violence, including programs under the Merida Initiative, training programs, and equipment.

To direct the Secretary of State to designate as foreign terrorist organizations certain Mexican drug cartels and submit a report on the activities the Department of State is taking to assist Mexico with drug cartel violence, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary Mathematics and Science Equipment Act''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to raise the quality of instruction in mathematics and science in the Nation's elementary schools by providing equipment and materials necessary for hands-on instruction through assistance to State and local educational agencies and schools. SEC. 3. PROGRAM AUTHORIZED. (a) Grants.--The Secretary is authorized to make allotments to State educational agencies under section 4 to enable such agencies to award grants to local educational agencies for the purpose of providing equipment and materials to elementary schools to improve mathematics and science education in such schools. (b) Authorization of Appropriations.--There are authorized to be appropriated $30,000,000 for fiscal year 1994, and such sums as necessary for each of the fiscal years 1995, 1996, 1997, and 1998 to carry out this Act. SEC. 4. ALLOTMENTS OF FUNDS. (a) In General.--From the amount appropriated under section 3(b) for any fiscal year, the Secretary shall reserve-- (1) not more than one-half of 1 percent for allotment among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau according to their respective needs for assistance under this Act; and (2) one-half of 1 percent for programs for Indian students served by schools funded by the Secretary of the Interior which are consistent with the purposes of this part. (b) Allotment.-- (1) In general.--Except as provided in paragraph (2) and from the amount not reserved pursuant to subsection (a), the Secretary shall make allotments among State educational agencies in the States as follows: (A) One-half of such remainder shall be distributed among such State educational agencies by allotting to each State educational agency an amount which bears the same ratio to such one-half of such remainder as the number of children aged 5 to 11, inclusive, in the State bears to the number of such children in all States. (B) One-half of such remainder shall be distributed among such State educational agencies according to each State's share of allocations under chapter 1 of title I of the Elementary and Secondary Education Act of 1965. (2) Minimum.--No State shall receive in any fiscal year an allotment under paragraph (1) which is less than-- (A) one-half of 1 percent of the amount available under this subsection in such fiscal year; or (B) the amount allotted to such State for fiscal year 1988 under title II of the Education for Economic Security Act. (c) Reallotment of Unused Funds.--The amount of any State's allotment under subsection (b) for any fiscal year to carry out this Act which the Secretary determines will not be required for that fiscal year to carry out this Act shall be available for reallotment from time to time, on such dates during that year as the Secretary may determine, to other States in proportion to the original allotments to those States under subsection (b) for that year but with such proportionate amount for any of those other States being reduced to the extent it exceeds the sum the Secretary estimates that the State needs and will be able to use for that year, and the total of those reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year shall be deemed a subpart of its allotment under subsection (b) for that year. (d) Definitions.--For the purposes of this Act-- (1) the term ``elementary school'' has the same meaning given such term in section 1471(8) of the Elementary and Secondary Education Act of 1965; (2) the term ``local educational agency'' has the same meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965; (3) the term ``Secretary'', unless otherwise specified, means the Secretary of Education; (4) the term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and (5) the term ``State educational agency'' has the same meaning given to such term by section 1471(23) of the Elementary and Secondary Education Act of 1965. (e) Data.--The number of children aged 5 to 11, inclusive, in a State and in all States shall be determined by the Secretary on the basis of the most recent satisfactory data available to the Secretary. SEC. 5. STATE APPLICATION. (a) Application.--Each State educational agency desiring to receive an allotment under this Act shall file an application with the Secretary which covers a period of 5 fiscal years. Such application shall be filed at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (b) Contents of Application.--Each application described in subsection (a) shall-- (1) provide assurances that-- (A) the State educational agency shall use the allotment provided under this Act to award grants to local educational agencies within the State to enable such local educational agencies to carry out the purpose of this Act; (B) the State educational agency will provide such fiscal control and funds accounting as the Secretary may require; (C) every public elementary school in the State is eligible to receive a grant under this Act once over the 5-year duration of the program assisted under this Act; (D) funds provided under this Act will supplement, not supplant, State and local funds made available for activities authorized under this Act; (E) during the 5-year period described in the application, the State educational agency will evaluate its standards and programs for teacher preparation and inservice professional development for elementary mathematics and science; (F) the State educational agency will take into account the needs for greater access to and participation in mathematics and science by students and teachers from historically underrepresented groups, including females, minorities, individuals with limited-English proficiency, the economically disadvantaged, and individuals with disabilities; and (G) the needs of teachers and students in areas with high concentrations of low-income students and sparsely populated areas will be considered in awarding grants under this Act; (2) provide a description of how funds made available under this Act will be coordinated with State and local funds and other Federal resources, particularly with respect to programs for the professional development and inservice training of elementary school teachers in science and mathematics; and (3) describe procedures-- (A) for submitting applications for assistance in accordance with sections 6 and 7; (B) for the distribution of grant payments under this Act within the State; and (C) for approval of applications by the State educational agency, including appropriate procedures to assure that such agency will not disapprove an application without notice and opportunity for a hearing. (c) State Administration.--Not more than 5 percent of the funds allotted to each State educational agency under this part shall be used for the administrative costs of such agency associated with carrying out the program assisted under this Act. SEC. 6. LOCAL APPLICATION. (a) Application.--A local educational agency that desires to receive a grant under this part shall submit an application to the State educational agency. Each such application shall contain assurances that each school served by the local educational agency shall be eligible for only one grant under this Act. (b) Contents of Application.--Each application described in subsection (a) shall-- (1) provide assurances that the local educational agency shall use the grant such agency receives under this Act to award grants to schools served by such agency to enable such schools to carry out the purposes of this Act; (2) describe how the local educational agency plans to set priorities on the use and distribution among schools of grant funds received under this Act to meet the purpose of this Act; (3) include assurances that the local educational agency has made every effort to match on a dollar-for-dollar basis from private or public sources the grant funds received under this Act, except that no such application shall be penalized or denied assistance under this Act based on failure to provide such matching funds; (4) describe how funds under this Act will be coordinated with State, local, and other Federal resources, especially with respect to programs for the professional development and inservice training of elementary school teachers in science and mathematics; and (5) describe the process which will be used to determine different levels of grant amounts to be awarded to schools with different needs. (c) Priority.--In awarding grants under this Act, the State educational agency shall give priority to local applications that-- (1) assign highest priority to providing assistance to schools which are most seriously under-equipped; (2) are attentive to the needs of underrepresented groups in science and mathematics; (3) demonstrate how science and mathematics equipment will be part of a comprehensive plan of curriculum planning or implementation and teacher training supporting hands-on laboratory activities; (4) give priority to providing equipment and materials for students in grades 1 through 6; and (5) provide assurances that equipment and materials provided under this Act shall be equitably available to all children in the classroom. SEC. 7. PARTICIPATION OF PRIVATE NONPROFIT ELEMENTARY SCHOOLS. (a) Participation of Private Schools.--To the extent consistent with the number of children in the State or in the school district of each local educational agency who are enrolled in private nonprofit elementary schools, such State educational agency shall, after consultation with appropriate private school representatives, make provision to include services and arrangements for the benefit of such children as will assure the equitable participation of such children in the purposes and benefits of this Act. (b) Waiver.--If by reason of any provision of State law a local educational agency is prohibited from providing for the participation of children or teachers from private nonprofit elementary schools as required by subsection (a), or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children or teachers subject to the requirement of this Act. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements described in section 1017 of the Elementary and Secondary Education Act of 1965. SEC. 8. PROGRAM REQUIREMENTS. (a) Coordination.--Each State educational agency receiving a grant under this Act shall-- (1) disseminate information to school districts and schools, including private nonprofit elementary schools, regarding the grant program assisted under this Act; (2) evaluate applications of local educational agencies; (3) award grants to local educational agencies based on the priorities described in section 6(c); and (4) evaluate local educational agencies' end-of-the-year summaries. (b) Limitations on Use of Funds.-- (1) In general.--Grant funds and matching funds under this Act only shall be used to purchase science equipment, science materials, or mathematical manipulative materials and shall not be used for computers, computer peripherals, software, textbooks, or staff development costs. (2) Capital improvements.--Grant funds under this Act may not be used for capital improvements. Not more than 50 percent of matching funds provided by the local educational agency may be used for capital improvements of classroom science facilities to support the hands-on instruction that this Act is intended to support, such as the installation of electrical outlets, plumbing, lab tables or counters, or ventilation mechanisms. SEC. 9. FEDERAL ADMINISTRATION. (a) Technical Assistance and Evaluation Procedures.--The Secretary shall provide technical assistance and, in consultation with State and local representatives of the program assisted under this Act, shall develop procedures for State and local evaluations of the programs under this part. (b) Report.--The Secretary shall report to the Congress each year on the program assisted under this Act.

Elementary Mathematics and Science Equipment Act - Authorizes the Secretary of Education to allot funds to State educational agencies to award grants to local educational agencies to provide hands-on instruction equipment and materials to elementary schools to improve mathematics and science education. Authorizes appropriations. Sets forth requirements for: (1) State allotments; (2) State and local applications; (3) grant award priorities; (4) participation of private schools; (5) State and Federal responsibilities; and (6) limitation on use of grant funds only for science equipment or materials and mathematical manipulative materials necessary for hands-on instruction.

Elementary Mathematics and Science Equipment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Technology and Education Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Developing medical products targeted for important public health needs, less common diseases, prevalent third world diseases, prevention indications, or individualized therapy is increasingly challenging. (2) A typical compound that is discovered today may not be approved by the Food and Drug Administration for 12 to 15 years. (3) Current costs of bringing new medicines to market are estimated to be as high as $800,000,000 to $1,700,000,000 and are a major barrier to innovation and investment in higher-risk areas such as rare diseases and genetic conditions. (4) Product development in areas crucial to public health, such as antibiotics, has slowed significantly in the past decade. (5) Approximately 50 percent of new drug candidates fail to produce adequate evidence of safety or effectiveness in the late stages of clinical studies and cannot be approved. The resulting overall investments are raising the cost of developing an approved therapy to approximately $1,700,000,000. (6) Problems in physical design, characterization, manufacturing scale-up, and quality control routinely derail or delay development programs and delay patient access to new treatments. (7) Many product failures during development are ultimately attributable to problems relating to the transition from laboratory prototype to industrial product. (8) Recent data suggests that the investment required to launch a new therapy has risen 55 percent during the last 5 years. Pharmaceutical, biotechnology, and medical device productivity appears to be declining at the same time that the costs to develop treatments are rising. (9) During the last several years, the number of new drug and biologic applications submitted to the Food and Drug Administration has declined significantly. The number of innovative medical device applications to the Food and Drug Administration also has decreased. (10) Industry has been hesitant to introduce state-of-the- art science and technology into its manufacturing processes due to concern about potential regulatory impact. This led to high in-process inventories, low factory utilization rates, significant product waste, and compliance problems, driving up the costs and decreasing productivity. (11) It is crucial that improved methods for design, characterization, and production manufacture are available to improve predictability. (12) United States academic institutions have the capacity to assist in discovering and introducing science-based standards for product characterization and manufacturing to help reduce the cost of new therapies. (13) Federal investments in a major pharmaceutical technology and education initiative led by the Food and Drug Administration in collaboration with university research partners will produce multiple benefits in health care quality and access. SEC. 3. PHARMACEUTICAL TECHNOLOGY RESEARCH AND EDUCATION. (a) Expansion, Intensification, and Coordination of Activities.-- (1) In general.-- (A) Expand and intensify certain programs.--The Commissioner of Food and Drugs (referred to in this Act as the ``Commissioner'') shall expand and intensify certain research and education programs regarding pharmaceutical science and engineering through the National Institute for Pharmaceutical Technology and Education (referred to in this Act as the ``NIPTE'') and the member institutions of the NIPTE, including Purdue University, Duquesne University, Illinois Institute of Technology, University of Puerto Rico (Mayaguez and San Juan), University of Connecticut, University of Iowa, University of Kentucky, University of Kansas, University of Maryland, University of Minnesota, and Rutgers University. (B) Focus.--The research and education programs described in subparagraph (A) shall focus on medical therapy development and manufacturing, analytical technologies, modeling, and informatics. (2) Coordination.--The Commissioner shall coordinate activities carried out pursuant to this Act with the member institutions of the NIPTE identified in paragraph (1), and other Federal agencies with an interest in such activities, including the National Institutes of Health, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the National Science Foundation, the Department of Veterans Affairs, and the Department of Defense. (3) Allocations.--The Commissioner shall allocate amounts appropriated to carry out this subsection for each fiscal year to the NIPTE. (b) Coordinating Committee.-- (1) In general.--The Commissioner shall assist with and coordinate research and develop strategies to allow for the rapid design, enhanced manufacturing processes, and improved quality related to new medical technology development by establishing a Coordinating Committee pursuant to this subsection. (2) Composition.--The Coordinating Committee shall consist of 15 members to be appointed by the Commissioner for 2-year terms, of which-- (A) 8 members shall represent the Federal agencies described in subsection (a)(2) and the Food and Drug Administration; and (B) 7 members shall be representatives from the public, including a broad cross section of academic, industry, consumer advocacy, and other interested persons affected by the costs of prescription drugs. (3) Chair.-- (A) In general.--The Coordinating Committee shall be headed by a Chair who shall serve as the principal advisor to the Commissioner and to the heads of the Federal agencies represented on the Coordinating Committee. (B) Appointment.--The Commissioner shall appoint the Chair of the Coordinating Committee for a 2-year term. The Commissioner may reappoint the Chair for not more than 1 additional 2-year term. (4) Administrative support.--The Coordinating Committee shall receive necessary and appropriate administrative support from the Food and Drug Administration. (5) Meetings of the coordinating committee.--The Coordinating Committee shall meet as appropriate, as determined by the Commissioner in consultation with the Chair. (c) Plan for Food and Drug Administration Activities.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Coordinating Committee shall develop a plan for supporting research and education efforts through the NIPTE and the relevant Federal agency participants that-- (A) provides for a broad range of research and education activities to enhance medical technology manufacturing and development; (B) identifies areas of involvement for the participating Federal agencies; and (C) reflects input from a broad range of academic, industry, and patient advocacy interests. (2) Certain elements of the plan.--The plan under paragraph (1) shall provide, with respect to medical technology development and manufacturing, for the following elements, as appropriate: (A) Basic and applied research. (B) Information and education programs. (d) Reports to Congress.--The Coordinating Committee shall submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives that describes the research, education, and other activities conducted or supported pursuant to this Act. (e) Public Input.--The Commissioner shall provide for a means through which-- (1) the public can obtain information on the existing and planned programs and activities carried out pursuant to this Act; and (2) the Commissioner can receive comments from the public regarding such programs and activities. (f) Authorization of Appropriations.-- (1) In general.--For the purpose of carrying out this Act, there are authorized to be appropriated $25,000,000 for each of fiscal years 2007 through 2012. (2) Additional available appropriations.--The authorization of appropriations under paragraph (1) is in addition to any other appropriations available for conducting or supporting medical technology development and research activities through the Food and Drug Administration.

Pharmaceutical Technology and Education Enhancement Act - Requires the Commissioner of Food and Drugs to expand and intensify certain research and education programs regarding pharmaceutical science and engineering through the National Institute for Pharmaceutical Technology and Education (NIPTE) and its member institutions. Requires such programs to focus on medical therapy development and manufacturing, analytical technologies, modeling, and informatics. Requires the Commissioner to establish a Coordinating Committee to: (1) assist with and coordinate research and develop strategies for the rapid design, enhanced manufacturing process, and improved quality of new medical technology; and (2) develop a plan for supporting, through NIPTE and federal agency participants, research and education relating to medical technology development and manufacturing.

A bill to enhance research and education in the areas of pharmaceutical and biotechnology science and engineering, including therapy development and manufacturing, analytical technologies, modeling, and informatics.

SECTION 1. FINDINGS. Congress finds that-- (1) there is no Federal program to support family caregivers; (2) most older individuals and persons with mental retardation and related developmental disabilities (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000) (referred to in this section as ``developmental disabilities'')) prefer to receive care in their homes, rather than in institutions; (3)(A) more than 22,000,000 family caregivers actively care for aging or ailing older individuals in the United States; (B) fewer than 2,000,000 older individuals receive care through nursing homes in the United States; and (C) therefore, a large portion of the care provided for the Nation's older individuals is provided by family caregivers; (4)(A) there are an estimated 3,170,000 persons with mental retardation and related developmental disabilities in the United States; (B) 1,890,000 of individuals with mental retardation and related developmental disabilities live with family caregivers; (C) 479,862 of individuals with mental retardation and related developmental disabilities who are living at home receive care from caregivers who are 60 years old or older; and (D) like services for the elderly population, a large portion of supports and care for persons with mental retardation and related developmental disabilities is provided by family caregivers; (5) nearly 75 percent of family caregivers are women, many of whom have other major responsibilities, such as young children or jobs; (6) the loss in productivity of businesses due to necessary absences of caregiving employees ranges from $11,000,000,000 to $29,000,000,000 a year; (7) family caregivers offer support that is worth billions of dollars; (8) without the efforts of family caregivers, many additional older individuals, and persons with mental retardation and related developmental disabilities, would receive care services in a hospital, State facility, intermediate care facility for the mentally retarded, or nursing home, or would receive, although less costly, home and community-based waiver services under section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)), such a result being far more expensive for taxpayers than assisting family caregivers since-- (A) the Federal medicare and medicaid programs pay for a large portion of expenses associated with such institutional care; and (B) such institutional care is more expensive than family caregiving; (9) caregivers, on average, spend $2,000 per year for food, medication, and other expenses related to caregiving; (10)(A) caregiving is physically demanding and emotionally draining to provide, with as many as 30 percent of caregivers reporting physical or mental health problems due to caregiving; and (B) caregivers need resources that will support and help ease the overwhelming burden that the caregivers are expected to shoulder on a daily basis; and (11) with millions of baby boomers set to retire in the near future, it is crucial to begin preparing today for what will be dramatically increased long-term care needs of older individuals. SEC. 2. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. (a) Establishment of Program.--Part D of title III of the Older Americans Act of 1965 (42 U.S.C. 3030h et seq.) is amended to read as follows: ``PART D--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM ``Subpart 1--State Grant Program ``SEC. 341. PROGRAM AUTHORIZED. ``(a) In General.--The Assistant Secretary shall carry out a program for making grants to States with State plans approved under section 307, to pay for the Federal share of the cost of carrying out State programs, to enable eligible area agencies on aging to provide multifaceted systems of support services for family caregivers, and other caregivers, who are informal providers of in-home and community care to older individuals. ``(b) Family Caregiver Support Services.--In providing services under this subpart, an area agency on aging shall provide support services, including providing-- ``(1) information to eligible caregivers about available services; ``(2) assistance to eligible caregivers in gaining access to the services; ``(3) individual counseling, organization of support groups, and caregiver training to eligible caregivers to assist the caregivers in making decisions and solving problems relating to their caregiving roles; ``(4) respite care to enable eligible caregivers to be temporarily relieved from their caregiving responsibilities; and ``(5) supplemental services, on a limited basis, to complement the care provided by eligible caregivers. ``(c) Eligibility and Priority.-- ``(1) Eligibility.--In order for a caregiver of an older individual to be eligible to receive services provided by a State program under this subpart, the State shall-- ``(A) find that the caregiver is a caregiver described in subsection (a); and ``(B) determine that the older individual meets the condition specified in subparagraph (A)(i) or (B) of section 102(28). ``(2) Priority.--In providing the services, the State shall give priority for services to older individuals with greatest social need, older individuals with greatest economic need, and older individuals providing care and supports to persons with mental retardation and related developmental disabilities (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000) (referred to in this part as ``developmental disabilities'')) consistent with the requirements of section 305(a)(2)(E), and their caregivers. ``(d) Coordination With Service Providers.--In carrying out this subpart, each area agency on aging shall coordinate the activities of the agency with the activities of other community agencies and voluntary organizations providing the types of services described in subsection (b). ``(e) Quality Standards and Mechanisms and Accountability.-- ``(1) Quality standards and mechanisms.--The State shall establish standards and mechanisms designed to assure the quality of services provided with assistance made available under this subpart. ``(2) Data and records.--The State shall collect data and maintain records relating to the State program in a standardized format specified by the Assistant Secretary. The State shall furnish the records to the Assistant Secretary, at such time as the Assistant Secretary may require, in order to enable the Assistant Secretary to monitor State program administration and compliance, and to evaluate and compare the effectiveness of the State programs. ``(3) Reports.--The State shall prepare and submit to the Assistant Secretary reports on the data and records required under paragraph (2), including information on the services funded under this subpart, and standards and mechanisms by which the quality of the services shall be assured. ``(f) Availability of Funds.-- ``(1) In general.--A State shall use the portion of the State allotment under section 304 that is from amounts appropriated under section 303(d) to carry out the State program under this subpart. ``(2) Use of funds for administration of area plans.-- Amounts made available to a State to carry out the State program under this subpart may be used, in addition to amounts available in accordance with section 303(c)(1), for costs of administration of area plans. ``(3) Federal share.-- ``(A) In general.--Notwithstanding section 304(d)(1)(D), the Federal share of the cost of carrying out a State program under this subpart shall be 75 percent. ``(B) Non-federal share.--The non-Federal share of the costs shall be provided from State and local sources. ``SEC. 342. MAINTENANCE OF EFFORT. ``Funds made available under this subpart shall supplement, and not supplant, any Federal, State, or local funds expended by a State or unit of general purpose local government (including an area agency on aging) to provide services described in section 341(b). ``Subpart 2--National Innovation Programs ``SEC. 346. INNOVATION GRANT PROGRAM. ``(a) In General.--The Assistant Secretary shall carry out a program for making grants to appropriate entities on a competitive basis to foster the development and testing of new approaches to-- ``(1) sustaining the efforts of family caregivers and other informal caregivers of older individuals; ``(2) serving the needs of particular groups of caregivers of older individuals, including minority caregivers and distant caregivers; and ``(3) linking family support programs with the State entity or agency that administers or funds programs for persons with mental retardation or related developmental disabilities and their families. ``(b) Evaluation and Dissemination of Results.--The Assistant Secretary shall provide for evaluation of the effectiveness of programs and activities funded with grants made under this section, and for dissemination to States of descriptions and evaluations of the programs and activities, to enable States to incorporate successful approaches into their individual State programs under this part. ``(c) Availability of Funds.-- ``(1) In general.--The Assistant Secretary shall reserve not more than 10 percent of the amount appropriated under section 303(d) for a fiscal year to carry out the program of the Assistant Secretary under this section. ``(2) Native American programs and activities.--Twenty percent of the amount reserved under paragraph (1) shall be available for programs and activities under this section for caregivers serving Indians and Native Hawaiians, as defined in section 625. ``SEC. 347. ACTIVITIES OF NATIONAL SIGNIFICANCE. ``(a) In General.--The Assistant Secretary shall, directly or by grant or contract, carry out activities of national significance to promote quality and continuous improvement in the support services provided to family caregivers and other informal caregivers of older individuals, through program evaluation, training, technical assistance, and research. ``(b) Availability of Funds.--The Assistant Secretary shall reserve not more than 2 percent of the amount appropriated under section 303(d) to carry out the activities under this section.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS; ALLOTMENTS. (a) Authorization of Appropriations.--Section 303(d) of the Older Americans Act of 1965 (42 U.S.C. 3023(d)) is amended to read as follows: ``(d) There are authorized to be appropriated $125,000,000 for fiscal year 2000, and such sums as may be necessary for each of fiscal years 2001 through 2004, to carry out part D (relating to the national family caregiver support program).''. (b) Allotments to States.--Section 304(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)(1)) is amended in the first sentence-- (1) in the matter preceding subparagraph (A), by inserting ``, and remaining after reservations of funds made under sections 346 and 347,'' after ``from the sums appropriated under section 303 for each fiscal year''; and (2) in subparagraphs (A), (B), and (C), by striking ``sum appropriated'' and inserting ``remaining sums''. SEC. 4. AVAILABILITY OF FUNDS FOR REALLOTMENT. Section 304(b) of the Older Americans Act of 1965 (42 U.S.C. 3024(b)) is amended in the first sentence by striking ``part B or C'' and inserting ``part B or C, or subpart 1 of part D,''. SEC. 5. CONFORMING AMENDMENTS. (a) Relocation of Provisions Concerning In-Home Services for Frail Older Individuals.--Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is amended-- (1) in subsection (a)(5), by striking ``including'' and all that follows and inserting ``including-- ``(A) client assessment, case management services, and development and coordination of community services; ``(B) in-home services for frail older individuals (including supportive activities for older individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction) and for the families of the individuals; ``(C) supportive activities to meet the special needs of caregivers, including caretakers who provide in-home services to frail older individuals; and ``(D) in-home services and other community services, including shopping, escort, reader, and letterwriting services, and provision of home-delivered meals and transportation, to assist older individuals to live independently in a home environment;''; and (2) by adding at the end the following: ``(c) In this section, the term `in-home services' includes-- ``(1) homemaker and home health aide services; ``(2) visiting and telephone reassurance; ``(3) chore maintenance; ``(4) in-home respite care for families, and adult day care as a respite service for families; ``(5) minor modification of homes that is necessary to help older individuals remain at home and that is not available under other programs, except that not more than $150 per client may be expended under this part for the modification; ``(6) personal care services; and ``(7) other in-home services as defined-- ``(A) by the State agency in the State plan submitted in accordance with section 307; and ``(B) by the area agency on aging in the area plan submitted in accordance with section 306.''. (b) Repeal of Part G.--Part G (relating to supportive activities for caretakers who provide in-home services to frail older individuals) of title III of the Older Americans Act of 1965 (42 U.S.C. 3030p et seq.) is repealed. (c) Other Conforming Amendments.-- (1) Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is amended by striking subsection (g). (2) Section 304(a) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)) is amended-- (A) in paragraph (1)-- (i) in the first sentence, by striking ``Subject to paragraphs (2) and (3)'' and inserting ``Subject to paragraph (2),''; and (ii) in the last sentence, by striking ``For the purposes of paragraph (3) and the exception'' and inserting ``For the purposes of the exception''; and (B) by striking paragraph (3). (3) Section 306(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)) is amended by striking subparagraph (B) and inserting the following: ``(B) in-home services (as defined in section 321);''. (4) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended-- (A) in paragraph (10), by striking ``section 342'' and inserting ``section 321''; (B) in paragraph (27), by striking ``in-home services under section 341'' and inserting ``in-home services under section 321''; (C) by striking paragraph (40); and (D) in paragraph (44), by inserting ``(as defined in section 321)'' after ``in-home services''. (5) Section 422(b)(11)(A)(ii)(III) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(11)(A)(ii)(III)) is amended by striking ``part D'' and inserting ``part B''. (6) Section 429F(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3035n(a)(2)) is amended by striking ``section 342'' and inserting ``section 321''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act take effect on October 1, 1999.

Authorizes appropriations. Makes unused State grant program funds available for reallotment.

A bill to amend the Older Americans Act of 1965 to establish a national family caregiver support program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighters Pay Fairness Act of 1995''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to improve pay equality between Federal firefighters, other Federal employees, and municipal and other public sector firefighters; (2) to enhance recruitment and retention of firefighters in order to maintain the highest quality Federal fire service; and (3) to encourage Federal firefighters to pursue career advancement and training opportunities. SEC. 3. COMPUTATION OF PAY. (a) Computation of Pay.-- (1) In general.--Section 5504 of title 5, United States Code, is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following: ``(c)(1) When, in the case of a firefighter, it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, or biweekly rate, the rules set forth in subparagraphs (A) through (D) shall govern: ``(A) To derive an hourly rate, divide the annual rate by 2,087. ``(B) To derive a daily rate, multiply the hourly rate by the number of hours in the regularly scheduled daily tour of duty. ``(C) To derive a biweekly rate, multiply the hourly rate by the number of hours in the regularly scheduled biweekly tour of duty or 106, whichever is less. ``(D) The annual rate of basic pay used in carrying out the preceding provisions of this paragraph-- ``(i) shall be the annual rate determined in accordance with otherwise applicable provisions of law (applied as if the Firefighters Pay Fairness Act of 1995 had never been enacted); and ``(ii) shall not exclude any amount considered to be part of basic pay for any purpose under chapter 83 or 84. ``(E) To derive an annual rate for any purpose referred to in the next sentence, multiply the biweekly rate by 26. An annual rate determined under this subparagraph shall for all purposes (except the preceding provisions of this paragraph or as otherwise expressly provided by law), be considered to be the annual rate of basic pay for the firefighter involved. ``(F) Except as provided in section 5542(e), the provisions of sections 5542(a), 5545, 5546, and 5547 shall not apply in the case of a firefighter, and pay computed under this paragraph shall be in lieu of-- ``(i) any amount which might otherwise be payable under any of those provisions; ``(ii) any amount required to be taken into account under subparagraph (D); and ``(iii) any other similar amount, as identified by the Office of Personnel Management in regulations. ``(G) For provisions relating to computation of overtime, see section 5542(e). ``(2) Notwithstanding any other provision of law, in the case of an employee who is not a firefighter (nor an employee described in subsection (d)(4)), but whose position requires such employee to perform firefighting duties, the pay of such employee for any biweekly pay period during which such employee is required to perform firefighting duties shall be determined-- ``(A) in accordance with otherwise applicable provisions of law, but disregarding paragraph (1), or ``(B) in accordance with paragraph (1) (including the provisions referred to in paragraph (1)(G)), whichever results in the greater total amount. ``(3) Rates under this subsection are computed to the nearest cent, counting one-half and over as a whole cent.''. (2) Conforming amendment.--Section 5504(b) of title 5, United States Code, is amended in the first sentence by striking ``in the case of an employee,'' and inserting ``in the case of an employee (other than a firefighter),''. (b) Definitions.-- (1) In general.--Section 5504 of title 5, United States Code, is amended by redesignating subsection (d) (as so designated by subsection (a)(1)) as subsection (e) and by inserting before such subsection the following: ``(d) For the purpose of this section-- ``(1) the term `employee' means-- ``(A) an employee in or under an Executive agency; ``(B) an employee in or under the judicial branch; and ``(C) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(a)(5); but does not include an employee or individual excluded from the definition of employee in section 5541(2) other than an employee or individual excluded by section 5541(2)(xvi); ``(2) the term `firefighter' means an employee who is a firefighter within the meaning of section 8331(21) or 8401(14), but does not include an employee described in paragraph (4); ``(3) the term `firefighting duties' means duties usually performed by a firefighter in responding to or engaging in the control and extinguishment or the prevention of a fire; and ``(4) this paragraph relates to any employee who-- ``(A) would satisfy the definition of a firefighter under paragraph (2), but for the exclusion thereunder; and ``(B) has a basic administrative workweek of not more than 40 hours.''. (2) Conforming amendments.--Section 5504 of title 5, United States Code, is amended by striking the last sentence in each of subsections (a) and (b) thereof. SEC. 4. OVERTIME. Section 5542 of title 5, United States Code, is amended by adding at the end the following: ``(e)(1) For the purpose of this subsection, the term `firefighter' has the meaning given such term by section 5504(d)(2). ``(2) In the case of a firefighter, for full-time, part-time, and intermittent tours of duty, hours of work officially ordered or approved in excess of 106 hours in a biweekly pay period performed by such firefighter are overtime work and shall be paid for in accordance with subsections (a) (disregarding the matter in subsection (a) before paragraph (1) thereof). ``(3) For purposes of applying the provisions of section 7(k) of the Fair Labor Standards Act of 1938 with respect to a firefighter, no violation referred to in such provisions shall be considered to have occurred if the requirements of paragraph (2) are met.''. SEC. 5. MINIMUM PAY RATE UPON PROMOTION TO A SUPERVISORY POSITION; PAY RETENTION. (a) Minimum Pay Rate Upon Promotion to a Supervisory Position.-- Section 5334 of title 5, United States Code, is amended by adding at the end the following: ``(g)(1) For the purpose of this subsection-- ``(A) the term `firefighter' has the meaning given such term by section 5504(d)(2); and ``(B) the term `required minimum rate', as used with respect to a firefighter who receives a promotion, means-- ``(i) the total amount of basic pay and overtime pay paid or payable to that individual for service performed as a firefighter during the 12-month period ending on the last day of the second month ending before the date of the promotion (expressed as a single annual rate); or ``(ii) in the case of a firefighter whose promotion occurs in the first fiscal year during which this subsection is in effect, the total amount of basic pay and overtime pay (expressed as a single annual rate) which would have been payable to that individual for service performed as a firefighter during the period described in clause (i), computed-- ``(I) as if the amendments made by sections 3 and 4 of the Firefighters Pay Fairness Act of 1995 had been in effect throughout such period; and ``(II) applying section 8(b) of such Act (using the percentage specified in paragraph (2)(A) thereof). ``(2) A firefighter who is promoted to a supervisory position in a higher grade, and in which the individual continues to be a firefighter, is entitled to basic pay at not less than-- ``(A) the lowest rate of the higher grade which is at least equal to such individual's required minimum rate; or ``(B) if there is no rate in the higher grade that satisfies subparagraph (A), a rate equal to such individual's required minimum rate. ``(3) The regulations under section 5338 shall include such provisions as may be necessary to carry out the purposes of this subsection in the case of a firefighter who, at the time of promotion, is receiving basic pay at a rate saved to such firefighter under subchapter VI.''. (b) Pay Retention.--Section 5363(a) of title 5, United States Code, is amended by striking ``or'' at the end of paragraph (3), by inserting ``or'' after the semicolon in paragraph (4), and by adding after paragraph (4) the following: ``(5) who is subject to a reduction or termination of a rate of pay established under section 5504(c)(1);''. SEC. 6. TRAINING. Section 4109 of title 5, United States Code, is amended by adding at the end the following: ``(d)(1) For the purpose of this subsection, the term `firefighter' means any firefighter within the meaning of section 5504(d)(2) and any employee described in section 5504(d)(4). ``(2) Notwithstanding subsection (a)(1), a firefighter who is selected and assigned for training under this chapter shall be paid, for the period of training, at the rate of basic pay and overtime pay normally paid for the regularly scheduled tour of duty of such firefighter.''. SEC. 7. TECHNICIAN BONUSES. (a) In General.--Chapter 45 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER IV--AWARDS TO FIREFIGHTERS FOR SPECIAL SKILLS AND CERTIFICATIONS ``Sec. 4531. Definitions ``For the purpose of this subchapter-- ``(1) the term `firefighter' has the meaning given such term by section 4109(d)(1); and ``(2) the term `firefighting duties' has the meaning given such term by section 5504. ``Sec. 4532. Award authority ``(a) An agency may pay a cash award of up to 5 percent of basic pay to a firefighter or other employee who performs firefighting duties, if such employee-- ``(1) is employed in or under such agency; and ``(2) makes substantial use of-- ``(A) a special skill, such as handling hazardous materials; or ``(B) a certification or license relating to any firefighting duties, such as certification as an emergency medical technician. ``(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved or pursuant to the terms of any collective bargaining agreement which satisfy the requirements of the next sentence. Any such regulations or agreement shall include-- ``(1) procedures under which any such special skills, certification, or licensure shall be ascertained; ``(2) criteria for determining the amount of any award under this subchapter; and ``(3) any other provisions which may be necessary to carry out the purposes of this subchapter.''. (b) Conforming Amendment.--The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end the following: ``subchapter iv--awards to firefighters for special skills and certifications ``4531. Definitions. ``4532. Award authority.''. SEC. 8. EFFECTIVE DATE; TRANSITION PROVISIONS; REPORTING REQUIREMENT. (a) Effective Date.--This Act shall take effect on October 1, 1995, except that subsection (c) shall take effect on the date of the enactment of this Act. (b) Transition Provisions.-- (1) In general.--Except as provided in paragraph (3), instead of the amount which (but for this subsection) would otherwise be payable under any amendment made by section 3(a) or 4, the amount payable under such amendment shall be equal to-- (A) the amount which (but for this subsection) would otherwise be so payable, multiplied by (B) the applicable percentage under paragraph (2). (2) Applicable percentages.--The applicable percentage under this paragraph is-- (A) 85 percent if the amount relates to service performed in fiscal year 1996 or 1997; (B) 90 percent if the amount relates to service performed in fiscal year 1998; (C) 95 percent if the amount relates to service performed in fiscal year 1999; and (D) 100 percent if the amount relates to service performed in fiscal year 2000 or thereafter. (3) Computations under former provisions of law not affected.--A computation under subparagraph (A) of section 5504(c)(2) of title 5, United States Code, as amended by section 3(a)(1), shall not be affected by this subsection. (c) Reporting Requirement.--No later than June 1, 1995, the Office of Personnel Management shall submit a written report to the Congress on-- (1) plans relating to implementing the transition provisions of subsection (b); (2) plans relating to funding increases in pay resulting from the enactment of this Act; and (3) the need for and feasibility of making any regulatory or legislative modifications in the administration of chapters 83 and 84 of title 5, United States Code, in order to ensure that no diminution in retirement benefits occurs, by reason of the transition provisions of subsection (b), with respect to any firefighter who separates from service during fiscal years 1996 through 2002.

Firefighters Pay Fairness Act of 1995 - Amends Federal law to provide that, for Federal fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Extends existing biweekly pay period and pay computation requirements to Federal fire fighters and employees in and under the judicial branch. Removes employees of the District of Columbia government from coverage by such requirements. Repeals the current exception from such requirements for employees on the Isthmus of Panama in the service of the Panama Canal Commission. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Adds certain pay retention rights for Federal firefighters subject to a reduction or termination of a rate of pay established under this Act. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who make substantial use of: (1) special skills, such as handling hazardous materials; or (2) a certification or license, such as certification as an emergency medical technician. Requires the Office of Personnel Management to report to the Congress with respect to transition and funding increase plans and regulatory or legislative modifications necessary to prevent diminution in retirement benefits under this Act.

Firefighters Pay Fairness Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Filipino Veterans of World War II Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) President Franklin Delano Roosevelt issued an order commissioning around 250,000 troops from the Philippines into active service for the United States during World War II. (2) The United States War Department immediately formed the United States Armed Forces in the Far East (USAFFE). The unit was made up of the United States-Philippine Military Forces of the Commonwealth Army, Guerrilla Units, New Philippine Scout. (3) The Filipino Infantry Regiment, was mostly composed of first-generation immigrants living along the Pacific Coast, who volunteered after the Japanese attack on Pearl Harbor in 1941, later many second-generation Filipino-American soldiers joined the Regiment from Hawaii. (4) The Philippine Scout units and the New Philippine Scouts were directly recruited by the United States Army for the war effort. (5) Under extremely severe occupation policies imposed by the Japanese, it was the anti-Japanese resistance movement that drew more and more Filipinos to its side and through 1943 many of these anti-Japanese guerrillas recovered or newly established liaisons with the United States Army Command of the Southwest Pacific Area and placed themselves under the command of General Douglas MacArthur. (6) These Filipino soldiers responded to President Roosevelt's call-to-arms and later fought under the American flag during World War II. (7) After the Japanese invasion in December 1941, Filipino and American troops literally shared the same fate at Bataan, Corregidor, and the ``Death March''. (8) Many made the ultimate sacrifice as both soldiers in the United States Armed Forces in the Far East and as guerilla fighters during the Imperial Japanese occupation of the Philippines. (9) These troops had served under the expectation that they would be treated as United States military servicemembers. (10) The Rescission Act of 1946 later passed, which stated that Filipino forces would not be deemed to have been active military. (11) Congress recognizes the courage and bravery of the Filipino and Filipino American servicemen and servicewomen who have fought alongside and in the United States Armed Forces. (12) The United States remains forever indebted to the bravery, valor, and dedication to country these men displayed. (13) Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the Filipino Veterans of World War II, 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 (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Filipino Veterans of World War II under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Filipino Veterans of World War II. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 3. (b) Proceeds of the Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund. SEC. 7. DEFINITION. For purposes of this Act, the term ``Filipino Veterans of World War II'' shall apply to anyone who served honorably-- (1) in an active-duty status under the command of the United States Armed Forces in the Far East; or (2) within the Philippine Army, the Philippine Scouts, or recognized guerrilla units, at any time during the period beginning September 1, 1939, and ending December 31, 1946.

Filipino Veterans of World War II Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award, on behalf of Congress, of a single gold medal collectively to the Filipino Veterans of World War II (Veterans) in recognition of their dedicated service during such War. States that such medal shall be given to the Smithsonian Institution (Smithsonian) for display. Expresses the sense of Congress that the Smithsonian should make the medal available for display elsewhere, particularly at locations associated with the Veterans.

Filipino Veterans of World War II Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking ``and'' at the end of each clause. (2) By striking ``: Now, therefore,'' at the end of the last clause and inserting a semicolon. (3) By adding at the end the following new clauses: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; ``Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe; and ``Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgment. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. ``(b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgment of tribal existence. ``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services to which members of the Tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs to Congress after the tribal roll is verified. ``(c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the Tribe's constitution adopted on November 16, 2001, which verification shall be completed within 2 years after the date of the enactment of this section. ``Sec. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. An application to take land located within Robeson County, North Carolina, into trust under this section shall be treated by the Secretary as an `on reservation' trust acquisition under part 151 of title 25, Code of Federal Regulation (or a successor regulation). ``(b) The tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. ``Sec. 5. (a) The State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed on; and ``(2) all civil actions that arise on, lands located within the State of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. ``(c) The provisions of this section shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``Sec. 6. There are authorized to be appropriated such sums as are necessary to carry out this Act.''.

Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina. Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems, for purposes of the delivery of such services, Tribe members residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina to be residing on or near an Indian reservation. Allows land to be taken into trust for the Lumbee Tribe. Requires treating an application to take land located in Robeson County, North Carolina, into trust as an "on reservation" trust acquisition under regulations concerning land acquisitions. Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or under the authority of any federal law, including the Indian Gaming Regulatory Act.

A bill to provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mom's Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act'' or the ``MOTHERS Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Postpartum depression is a devastating mood disorder which strikes many women during and after pregnancy. (2) Postpartum mood changes are common and can be broken into three subgroups: ``baby blues,'' which is an extremely common and the less severe form of postpartum depression; postpartum mood and anxiety disorders, which are more severe than baby blues and can occur during pregnancy and anytime within the first year of the infant's birth; and postpartum psychosis, which is the most extreme form of postpartum depression and can occur during pregnancy and up to twelve months after delivery. (3) ``Baby blues'' is characterized by mood swings, feelings of being overwhelmed, tearfulness, irritability, poor sleep, mood changes, and a sense of vulnerability that usually starts in the first week and resolves without treatment by the end of the second week postpartum. (4) The symptoms of postpartum mood and anxiety disorders are as defined in the latest edition of Diagnostic and Statistical Manual of Mental Disorders (DSM), as published by American Psychological Association. (5) The symptoms of postpartum psychosis include losing touch with reality, distorted thinking, delusions, auditory hallucinations, paranoia, hyperactivity, and rapid speech or mania. (6) Baby blues afflicts up to 80 percent of new mothers, postpartum depression occurs in 10 to 20 percent of new mothers, and postpartum psychosis strikes 1 in 1,000 new mothers. (7) The causes of postpartum depression are complex and unknown at this time; however, contributing factors include: a steep and rapid drop in hormone levels after childbirth; difficulty during labor or pregnancy; a premature birth; a miscarriage; feeling overwhelmed, uncertain, frustrated or anxious about one's new role as a mother; a lack of support from one's spouse, friends or family; marital strife; stressful events in life such as death of a loved one, financial problems, or physical or mental abuse; a family history of depression or mood disorders; a previous history of major depression or anxiety; or a prior postpartum depression. (8) Postpartum depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (9) All too often postpartum depression goes undiagnosed or untreated due to the social stigma surrounding depression and mental illness, the romanticization of motherhood, the new mother's inability to self-diagnose her condition, the new mother's shame or embarrassment over discussing her depression so near to the birth of her child, the lack of understanding in society and the medical community of the complexity of postpartum depression, and economic pressures placed on hospitals and providers. (10) Untreated, postpartum depression can lead to further depression, substance abuse, loss of employment, divorce and further social alienation, self-destructive behavior, or even suicide. (11) Untreated, postpartum depression impacts society through its effect on the infant's physical and psychological and cognitive development, child abuse, neglect or death of the infant or other siblings, and the disruption of the family. (12) This Act shares the goals of the Melanie Blocker- Stokes Postpartum Depression Research and Care Act and will help new mothers who are battling with postpartum conditions. TITLE I--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 101. DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER I--GENERAL PROVISIONS''; and (2) by adding at the end thereof the following: ``CHAPTER II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS ``SEC. 520K. ESTABLISHMENT OF PROGRAM OF GRANTS. ``(a) In General.--The Secretary shall in accordance with this chapter make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems to-- ``(1) provide education to women who have recently given birth, and their families, concerning postpartum depression, postpartum mood and anxiety disorders, and postpartum psychosis (referred to in this chapter as `postpartum conditions') before such women leave their birthing centers and to screen new mothers for postpartum conditions during their first year of postnatal checkup visits, including the standard 6-week postnatal checkup visit; and ``(2) provide for the delivery of essential services to individuals with postpartum conditions and their families. ``(b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity-- ``(1) is-- ``(A) in the case of a grant to carry out the activities described in subsection (c)(1), a State; and ``(B) in the case of a grant to carry out the activities described in subsection (c)(2), a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, tribal government or territory, or homeless health center; or other appropriate public or nonprofit private entity; and ``(2) submits to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Certain Activities.-- ``(1) Education.-- ``(A) In general.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a)(1) develop policies and procedures to ensure that education concerning postpartum conditions is provided to women in accordance with subparagraph (B), that training programs regarding such education are carried out at health facilities within the State, and that screening and referral is provided in accordance with subparagraph (C). ``(B) Requirements.--A State that receives a grant or contract under subsection (a)(1) shall ensure that postpartum condition education complies with the following: ``(i) Physicians, certified nurse midwives, certified midwives, nurses, and other licensed health care professionals within the State who provide prenatal and postnatal care to women shall also provide education to women and their families concerning postpartum conditions to promote earlier diagnosis and treatment. ``(ii) All birthing facilities in the State shall provide new mothers and fathers, and other family members as appropriate, with complete information concerning postpartum conditions, including its symptoms, methods of coping with the illness, and treatment resources prior to such mothers leaving the birthing facility after a birth. ``(iii) Physicians, certified nurse midwives, certified midwives, nurses, and other licensed health care professionals within the State who provide prenatal and postnatal care to women shall include fathers and other family members, as appropriate, in both the education and treatment processes to help them better understand the nature and causes of postpartum conditions. ``(C) Screening and referral.--A State that receives a grant or contract under subsection (a)(1) shall ensure that new mothers, during visits to a physician, certified nurse midwife, certified midwife, nurse, or licensed healthcare professional who is licensed or certified by the State, within the first year after the birth of their child, are offered screenings for postpartum conditions by using the Edinburgh Postnatal Depression Scale (EPDS), or other appropriate tests. If the results of such screening provide warning signs for postpartum conditions, the new mother shall be referred to an appropriate mental healthcare provider. ``(D) Subgrants.--A State that receives a grant or contract under subsection (a)(1) to carry out activities under this paragraph may award subgrants to entities described in subsection (b)(1)(B) to enable such entities to provide education of this type described in subparagraph (B). ``(2) Services.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a)(2) provide services for the diagnosis and management of postpartum conditions. Activities that the Secretary may authorize for such projects may also include the following: ``(A) Delivering or enhancing outpatient and home- based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for postpartum conditions, and delivering or enhancing support services for their families. ``(B) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. ``(C) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with postpartum conditions and support services for their families. ``(d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330. ``SEC. 520L. TECHNICAL ASSISTANCE. ``The Secretary may provide technical assistance to assist entities in complying with the requirements of this chapter in order to make such entities eligible to receive grants under section 520K. ``SEC. 520M. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this chapter, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2007 through 2009.''. TITLE II--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 201. CONSENSUS RESEARCH CONFERENCE AND PLAN CONCERNING POSTPARTUM DEPRESSION AND PSYCHOSIS. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. CONSENSUS RESEARCH CONFERENCE AND PLAN CONCERNING POSTPARTUM DEPRESSION AND PSYCHOSIS. ``(a) Consensus Research Conference and Plan.-- ``(1) Conference.--The Secretary, acting through the Director of NIH, the Administrator of the Substance Abuse and Mental Health Services Administration, and the heads of other Federal agencies that administer Federal health programs including the Centers for Disease Control and Prevention, shall organize a series of national meetings that are designed to develop a research plan for postpartum depression and psychosis (referred to in this section as `postpartum condition'). ``(2) Plan.--The Secretary, taking into account the findings of the research conference under paragraph (1), shall develop a research plan relating to postpartum conditions. Such plan shall include-- ``(A) basic research concerning the etiology and causes of postpartum conditions; ``(B) epidemiological studies to address the frequency and natural history of postpartum conditions and the differences among racial and ethnic groups with respect to such conditions; ``(C) the development of improved diagnostic techniques relating to postpartum conditions; and ``(D) clinical research for the development and evaluation of new treatments for postpartum conditions, including new biological agents. ``(3) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report concerning the research plan under paragraph (2). ``(b) Activity Relating to Research Plan.-- ``(1) In general.--After the development of the research plan under subsection (a)(1), the Secretary, acting through the Director of NIH shall expand and intensify research and related activities of the Institutes relating to postpartum conditions in a manner appropriate to carry out such plan, and in particular shall direct research efforts to carry out such plan. ``(2) Report.--Not later than 1 year after the development of the research plan under subsection (a)(1), and annually thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress made with respect to such plan and the status of ongoing activities regarding postpartum conditions at the National Institutes of Health.''.

Mom's Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act or the MOTHERS Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to: (1) states to provide to women who have recently given birth and their families, before such women leave their birthing centers, education concerning postpartum depression, postpartum mood and anxiety disorders, and postpartum psychosis and to screen new mothers for such postpartum conditions during their first year of postnatal checkup visits; and (2) public or nonprofit private entities to provide for the delivery of essential services to individuals with such postpartum conditions and their families. Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), the Administrator of the Substance Abuse and Mental Health Services Administration, and the heads of other federal agencies that administer federal health programs, to organize a series of national meetings that are designed to develop a research plan for postpartum depression and psychosis. Requires the Secretary, acting through the Director, to expand and intensify research relating to postpartum conditions to carry out such plan.

A bill to ensure that new mothers and their families are educated about postpartum depression, screened for symptoms, and provided with essential services, and to increase research at the National Institutes of Health on postpartum depression.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Health Plan Beneficiary Orientation and Medical Profile Act of 1996''. SEC. 2. PROHIBITION ON PAYMENTS UNDER MEDICARE UNTIL COMPLETION OF ORIENTATION AND MEDICAL PROFILE. (a) In General.--Section 1876(c)(3) of the Social Security Act (42 U.S.C. 1395mm(c)(3)) is amended by adding at the end the following: ``(G)(i) The Secretary may not make a payment to an eligible organization under a risk-sharing contract under this section with respect to an enrollee until the eligible organization certifies to the Secretary that the organization-- ``(I) has provided the enrollee an orientation as described in clause (ii), and ``(II) has a medical profile described in clause (iii) with respect to the enrollee. ``(ii) The orientation required under this subparagraph includes an explanation of the following features of the health plan offered by such organization: ``(I) Access to care, including choice of physician, physician location, and hospital coverage. ``(II) Utilization review procedures and referral practices. ``(III) Payment structures (including any deductible), additional health care services available with or without a fee (and the amount of any such fee), applicable coverage packages, and copayment rates. ``(IV) Any physician incentive plan that such organization operates under the health plan. ``(V) Any other procedures required under the plan that affect access to care. ``(iii) The medical profile described in this clause is such profile of the medical condition of the enrollee as the Secretary shall specify by regulation.''. (b) Promulgation of Requirements for Orientation and Medical Profile.--Not later that 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall, by rule, first specify the elements of the orientation and of the medical profile described in clauses (ii) and (iii) of section 1876(c)(3)(G) of the Social Security Act (as added by subsection (a)). Chapter 8 of title 5, United States Code, shall not apply to such rule. Such rule shall apply on a final basis, pending notice and opportunity for public comment. (c) Effective Date.--The amendment made by subsection (a) applies with respect to enrollees as of the first day of the first month that begins more than 60 days after the date on which the Secretary first publishes the rule under subsection (b) in the Federal Register. SEC. 3. PROHIBITION ON PAYMENTS UNDER MEDICAID UNTIL COMPLETION OF ORIENTATION, MEDICAL PROFILE, AND IMMUNIZATION. (a) Requirement for Orientation and Medical Profile.-- (1) In general.--Notwithstanding any other provision of law, no payment shall be made to a State under title XIX of the Social Security Act with respect to expenditures incurred by it for payment (determined under a prepaid capitation basis or under any other risk basis) for services provided by any entity (including a health insuring organization) for an individual enrolled with the entity until the entity certifies to the Secretary of Health and Human Services that-- (A) the entity has provided the enrollee with such orientation as the Secretary of Health and Human Services specifies, which orientation shall include the explanation of rights described in paragraph (2) and the explanation of access to care described in paragraph (3); (B) the entity has a medical profile described in section 1876(c)(3)(G)(iii) of the Social Security Act (as added by section 2(a)) with respect to the enrollee; and (C) if the entity is responsible for the provision (directly or through arrangements with providers of services) of immunizations for an enrollee who is a child-- (i) the entity has obtained the immunization status of such child, and (ii) the entity has begun to provide (or is providing) for immunizations of such child in accordance with the standards established for early and periodic screening, diagnostic, and treatment services under such title. (2) Explanation of rights.--The explanation of rights described in this paragraph shall include an explanation of an enrollee's rights under such title in relation to enrollment with the entity, including an explanation of-- (A) the enrollee's rights to benefits from the entity, (B) the restrictions on payments under such title for services furnished other than by or through the entity, (C) out-of-area coverage provided by the entity, (D) the entity's coverage of emergency services and urgently needed care, and (E) appeal rights of enrollees. (3) Explanation of access to care.--The explanation of access to care described in this paragraph includes an explanation of the following features of the benefits offered by the entity under such title: (A) Access to care, including choice of physician, physician location, and hospital coverage. (B) Utilization review procedures and referral practices. (C) Payment structures and benefits. (D) Any physician incentive plan that such entity operates in relation to the enrollee. (E) Any other procedures required by the entity that affect access of the enrollee to care. (b) Promulgation of Requirements for Orientation and Medical Profile.--Not later that 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall, by rule, first specify the elements of the orientation and of the medical profile described in paragraphs (2) and (3) of subsection (a). Chapter 8 of title 5, United States Code, shall not apply to such rule. Such rule shall apply on a final basis, pending notice and opportunity for public comment. (c) Effective Dates.-- (1) In general.--Subject to paragraph (2), subsection (a) applies with respect to enrollees as of the date that is 60 days after the date on which the Secretary first publishes the rule under subsection (b) in the Federal Register. (2) Immunization requirements.--Subsection (a)(1)(C) applies with respect to enrollees as of the first day of the first month that begins more than 60 days after the date on which the Secretary first publishes the rule under subsection (b) in the Federal Register.

Medicare and Medicaid Health Plan Beneficiary Orientation and Medical Profile Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to prohibit any payments except to those entities which certify to the Secretary of Health and Human Services that they provide for orientation and medical profiles for enrollees. Applies the same requirement to payments under SSA title XIX (Medicaid), plus a requirement for appropriate immunizations of child enrollees. Directs the Secretary to promulgate requirements for orientation and medical profiles.

Medicare and Medicaid Health Plan Beneficiary Orientation and Medical Profile Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Attendance Success Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. (3) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Truancy.--The term ``truancy'' has the meaning given the term in section 4112(c)(3)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112(c)(3)(E)). SEC. 3. TRUANCY PREVENTION DISCRETIONARY GRANT PROGRAM. (a) Grants Authorized.-- (1) In general.--The Secretary is authorized to award grants to State educational agencies to enable the State educational agencies to award subgrants to local educational agencies within the State to enable the local educational agencies to create programmatic initiatives aimed at keeping students in school, in order to improve academic achievement. (2) Duration.-- (A) In general.--A State educational agency shall award subgrants under this section for a period of 3 years. (B) Renewal.--A State educational agency may award a subgrant to a local educational agency under this section for an additional 3 year period if the report submitted by the local educational agency under subsection (d) for the preceding 3-year subgrant period demonstrates documented improvement in keeping students in school. (3) Award basis.--A State educational agency shall award subgrants under this section on a competitive basis, taking into consideration the needs of local educational agencies serving schools with a history of high levels of truancy among students in grades 5 through 9. (b) Application.-- (1) State application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Local application.--Each local educational agency desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require. (3) Local application contents.--Each application submitted under paragraph (2) shall-- (A) demonstrate a documented history of significant truancy in grades 5 through 9 in the schools served by the local educational agency; (B) describe the activities for which assistance under this section is sought; and (C) provide such additional assurances and information as the State educational agency determines to be essential to ensure compliance with the requirements of this section, including strategies that the local educational agency will use to address issues such as a supportive school climate and the extent to which students feel connected to the school and attached to not less than 1 caring adult at the school. (c) Use of Funds.--A local educational agency receiving a subgrant under this section shall, to the extent practicable, use the subgrant funds to partner with a community-based organization to create programmatic initiatives aimed at keeping students in school. (d) Reporting Requirement.--Each local educational agency receiving subgrant funds under this section shall submit a report to the State educational agency on the local educational agency's performance of the activities described in subsection (c). (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2010 and each of the 5 succeeding fiscal years. SEC. 4. NATIONAL RESOURCE CENTER FOR POSITIVE YOUTH DEVELOPMENT AND SCHOOL SUCCESS. (a) Center.--From amounts appropriated under subsection (d), the Secretary shall award a grant to an eligible nonprofit organization to provide for the establishment and operation of a National Resource Center on Positive Youth Development and School Success (referred to in this section as the ``Center''). (b) Eligible Organization.--In order to be eligible to receive a grant under this section, an organization shall have a history of, and expertise in, carrying out the functions described in subsection (c). (c) Functions.--The Center established under subsection (a) shall-- (1) provide evidence-based resources, publications, and training to State educational agencies and local educational agencies on the positive relationships, opportunities, and skills that students need to succeed in school and avoid risky behavior, such as truancy; (2) provide a free information service, using print, electronic media, and the Internet, for schools, principals, school officers, parent-teacher associations, and community groups, relating to incorporating developmental assets, supports and strengths into existing school curriculum, programs, and services; and (3) conduct and publish research on the relationship between a whole child approach to youth development and school success, including academic achievement and retention of the teaching force. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2010 and each of the 5 succeeding fiscal years. SEC. 5. NATIONAL DEFINITION OF TRUANCY. Section 4112(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112(c)(3)) is amended-- (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following: ``(E) Truancy rate data collection.-- ``(i) In general.--For the purposes of collecting the information described in subparagraph (B)(i), the term `truancy' means each absence of a student who is required by State law to attend elementary school or secondary school from such school for the time period described in clause (ii) without an excuse described in clause (iii). ``(ii) Time period.--The time period referred to in clause (i) is-- ``(I) 3 consecutive school days in the case of a child enrolled in elementary school; and ``(II) 3 or more class periods on each of 3 consecutive school days in the case of a child enrolled in middle or secondary school. ``(iii) Excused absences.--An excuse referred to in clause (i) is-- ``(I) an excuse by a parent of the student that is approved by the school administrator in charge; or ``(II) permission from a teacher or administrator in charge. ``(iv) Limitations.--An absence described in clause (i) shall not be considered truancy-- ``(I) unless the absence was reviewed by a school official and determined to be unexcused; or ``(II) if the absence is caused by a school decision to remove a student from the school and deny the student attendance for any length of time.''.

Student Attendance Success Act of 2009 - Authorizes the Secretary of Education to award grants to states and, through them, competitive, renewable, three-year grants to local educational agencies (LEAs) for programmatic initiatives aimed at improving academic achievement by keeping students in school. Requires subgrant applicants to demonstrate that their schools have a history of significant truancy in grades five through nine. Requires subgrantees to use their subgrant, to the extent practicable, to partner with a community-based organization to create such programmatic initiatives. Directs the Secretary to award a grant to an nonprofit organization to establish and operate a National Resource Center on Positive Youth Development and School Success to serve as a font of information, training, and research aimed at thwarting students' risky behavior and enhancing their academic performance. Amends the Elementary and Secondary Education Act of 1965 to define truancy, for purposes of this Act and the requirement that states collect truancy data under the Safe and Drug-Free Schools program, as the unexcused absence: (1) for three consecutive school days of a child required to attend elementary school; and (2) for three or more class periods on each of three consecutive school days of a child required to attend middle or secondary school.

A bill to establish a grant program to prevent truancy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Farmland for the Future Act''. SEC. 2. DEFINITIONS. Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A), by striking ``highly erodible'' and inserting ``covered''; and (B) in subparagraph (B), by striking ``the highly erodible'' and inserting ``covered''; (2) in paragraph (4)-- (A) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (B) by amending subparagraph (B) to read as follows: ``(B) are designed to, in a cost effective and technically practicable manner-- ``(i) achieve a substantial improvement in water quality; ``(ii) achieve a rate of soil erosion no greater than the soil loss tolerance level, as determined by the Natural Resources Conservation Service; ``(iii) prevent ephemeral gully erosion; and ``(iv) establish and maintain a minimum of 50 feet of perennial vegetation between covered cropland and intermittent or perennial waterways; and''; and (C) by adding at the end the following: ``(C) are based on the most recent and technically accurate soil erosion prediction models to determine if soil erosion by wind and water exceed the Soil Loss Tolerance Level on covered cropland subject to subtitle B.''; (3) in paragraph (6), by striking ``highly erodible'' and inserting ``covered''; (4) by amending paragraph (7)(A)(ii) to read as follows: ``(ii) before such action, such land was wetland.''; (5) in paragraph (9), by striking ``Any highly erodible land on which an agricultural commodity is produced after December 23, 1985, and that is not exempt under section 1212, shall be considered as part of the field in which the land was included on December 23, 1985, unless the owner and Secretary agree to modification of the boundaries of the field to carry out this title.''; and (6) by adding at the end the following: ``(28) Covered cropland.--The term `covered cropland' means cropland, as defined in section 718.2 of title 7, Code of Federal Regulations, that is planted to a row crop.''. SEC. 3. COVERED CROPLAND PROGRAM INELIGIBILITY. (a) In General.--Section 1211 of the Food Security Act of 1985 (16 U.S.C. 3811) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``a field on which highly erodible land'' and all that follows through ``shall be ineligible for'' and inserting ``covered cropland shall be ineligible for''; (B) in paragraph (1)(A)-- (i) by inserting ``or income'' after ``any type of price''; and (ii) by inserting ``, including a payment made under section 1116 or 1117 of the Agricultural Act of 2014'' before the semicolon at the end; and (C) in paragraph (1)(D), by striking ``excessive erosion of highly erodible land'' and inserting ``substantial erosion or degradation of water quality''; and (2) in the heading of subsection (b), by striking ``Highly Erodible Land'' and inserting ``Compliance Determination''. (b) Conforming Amendment.--Subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) is amended in the heading by striking ``Highly Erodible Land'' and inserting ``Covered Cropland''. SEC. 4. EXEMPTIONS. Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Eligibility Based on Compliance With Conservation Plan.-- ``(1) In general.--If, as of January 1, 2023, or 2 years after the Natural Resources Conservation Service has completed a conservation plan for the farm, whichever is later, a person is actively applying the approved conservation plan, such person shall have until January 1, 2028, to comply with the plan without being subject to program ineligibility. ``(2) Minimization of documentation.--In carrying out this subsection, the Secretary, Natural Resources Conservation Service, and local soil conservation districts shall minimize the quantity of documentation a person must submit to comply with this paragraph. ``(3) Expiration.--On the expiration of a contract entered into under subchapter B of chapter 1 of subtitle D, the provisions of this subtitle shall apply to the acreage that was the subject of such contract.''; (2) by striking subsections (b), (c), and (d); (3) by redesignating subsections (e), (f), (g), and (h) as subsections (b), (c), (d), and (e), respectively; and (4) in subsection (c), as so redesignated, by amending paragraph (4)(A)(i) to read as follows: ``(i) a person has failed to comply with section 1211, and has acted in good faith and without an intent to violate section 1211; or''. SEC. 5. DEVELOPMENT AND IMPLEMENTATION OF CONSERVATION PLANS AND CONSERVATION SYSTEMS. Section 1213 of the Food Security Act of 1985 (16 U.S.C. 3812a) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and economically''; and (B) in paragraph (4), by striking ``undue'' and inserting ``serious''; (2) by striking subsection (b) and redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively; (3) in subsection (c) (as redesignated by paragraph (2))-- (A) in paragraph (2)-- (i) by striking ``If a person makes a certification under paragraph (1), the Secretary shall not be required to'' and inserting ``The Secretary shall annually''; and (ii) by inserting ``on not less than 5 percent of the covered cropland subject to this subtitle'' after ``being applied''; and (B) in paragraph (3), by striking the last sentence and inserting ``The Secretary may revise the person's conservation plan if the Secretary determines the conservation plan is not meeting the standards in section 1201(a)(4).''; and (4) by amending subsection (d) (as redesignated by paragraph (2)) to read as follows: ``(d) Technical Assistance.--The Secretary shall-- ``(1) provide technical assistance to a person throughout the development, revision, and application of the conservation plan and any conservation system of the person; and ``(2) make available annually an amount equal to 0.02 percent of the funding otherwise provided for programs specified in section 1211(a), not to exceed $350 million, to provide technical assistance, conduct status reviews and other tasks required to fully implement the provisions of this subtitle.''. SEC. 6. WETLAND PROGRAM INELIGIBILITY. Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is amended-- (1) in subsection (b)(1), by inserting ``, including payments made under section 1116 or 1117 of the Agricultural Act of 2014'' before the period at the end; and (2) in subsection (c)-- (A) by amending paragraph (2)(B) to read as follows: ``(B) New conversions.--In the case of a wetland that the Secretary determines was converted after the date of enactment of the Agricultural Act of 2014, the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless the Secretary determines that an exemption pursuant to section 1222 applies.''; (B) in paragraph (3), by striking subparagraph (E); and (C) in paragraph (4), by inserting at the end the following: ``(D) Funding.--The Secretary shall make available annually an amount equal to 0.01 percent of the funding otherwise made available for programs specified in 1221(b), not to exceed $200 million, to provide technical assistance, conduct status reviews and carry out other tasks needed to fully implement the provisions of this subtitle. ``(E) Status reviews.--The Secretary shall annually carry out a review of the status of compliance of the person with the conservation plan under which the conservation system is being applied on no less than 5 percent of the covered cropland subject to this subtitle.''. SEC. 7. DELINEATION OF WETLANDS; EXEMPTIONS. Section 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) is amended in subsection (f)(2)-- (1) by striking subparagraphs (D) and (E); and (2) by redesignating subparagraphs (F) and (G) as subparagraphs (D) and (E), respectively.

Sustainable Farmland for the Future Act This bill amends the Food Security Act of 1985 to modify the conservation compliance provisions that apply to farmers who receive certain Department of Agriculture (USDA) benefits and have land that is highly erodible or a wetland. The bill modifies the compliance provisions to: apply the requirements to cropland that is planted to a row crop rather than highly erodible cropland; modify the requirements for a conservation system; modify the compliance requirements for farmers who receive crop insurance premium subsidies; expand the authority and requirements for USDA to review conservation plans; require USDA to use specified funds to provide technical assistance, conduct status reviews, and carry out other tasks needed to implement the conservation requirements; and revise the enforcement procedures for wetlands.

Sustainable Farmland for the Future Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Faith With the Greatest Generation Military Retirees Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) No statutory health care program existed for members of the uniformed services who entered service prior to December 7, 1956, and retired after serving a minimum of 20 years. (2) Recruiters, re-enlistment counselors, and officers at all levels of the uniformed services, and other government officials, as agents of the United States Government, used recruiting tactics that allowed members who entered the uniformed services prior to December 7, 1956, to believe they would be entitled to fully paid lifetime health care upon retirement. (3) In the decision of Schism v. United States (No. 99- 1402) on November 18, 2002, the United States Court of Appeals for the Federal Circuit said: ``[W]e must affirm the district court's judgment and can do no more than hope Congress will make good on the promises recruiters made in good faith to plaintiffs and others of the World War II and Korean War era-- from 1941 to 1956, when Congress enacted its first health care insurance act for military members, excluding older retirees. . . . We cannot readily imagine more sympathetic plaintiffs than the retired officers of the World War II and Korean War era involved in this case. They served their country for at least 20 years with the understanding that when they retired they and their dependents would receive full free health care for life. The promise of such health care was made in good faith and relied upon. Again, however, because no authority existed to make such promises in the first place, and because Congress has never ratified or acquiesced to this promise, we have no alternative but to uphold the judgment against the retirees' breach-of-contract claim. . . . Perhaps Congress will consider using its legal power to address the moral claims raised by [the plaintiffs] on their own behalf, and indirectly for other affected retirees.''. (4) Only the United States Congress can make good on the promises recruiters made in good faith to plaintiffs and others of the World War II and Korean War era. SEC. 3. WAIVER OF MEDICARE PART B PREMIUM FOR CERTAIN MILITARY RETIREES. (a) In General.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in subsection (a)(2), by striking ``The monthly premium'' and inserting ``Except as provided in subsection (j), the monthly premium''; and (2) by adding at the end the following new subsection: ``(j)(1) The amount of the monthly premium for an eligible individual enrolled under this part is equal to $0. ``(2) For purposes of paragraph (1), the term `eligible individual' means-- ``(A) an individual who is entitled to retired or retainer pay based upon service in the uniformed services (as defined in section 101 of title 10, United States Code) that began before December 7, 1956; ``(B) the spouse (as determined under section 7703 of the Internal Revenue Code of 1986) of an individual described in subparagraph (A); and ``(C) the widow or widower, as the case may be, of an individual described in subparagraph (A). ``(3) With respect to years beginning after the date of the enactment of this subsection, the monthly premium rate calculated under subsection (a)(3) for individuals enrolled under this part who are not eligible individuals under this subsection shall be determined without regard to benefits and administrative costs attributable to such eligible individuals during such years.''. (b) Conforming Amendment.--Subsection (i) of such section is amended by adding at the end the following new paragraph: ``(7) Inapplicability to certain military retirees.--This subsection shall not apply to eligible individuals (as defined in subsection (j)(2)).''. (c) Effective Date; Rebate Mechanism.-- (1) In general.--The amendments made by this section shall apply to premiums for months beginning on or after the date that is 45 days after the date of the enactment of this Act. (2) Rebate method.--The Secretary of Health and Human Services shall use the rebate method established pursuant to section 625(a)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173, 117 Stat. 2318) to provide rebates to eligible individuals (as defined in subsection (j)(2) of section 1839 of the Social Security Act, as added by subsection (a)) of any premium or premium penalty paid under such section for months described in paragraph (1).

Keeping Faith With the Greatest Generation Military Retirees Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.

To amend part B of title XVIII of the Social Security Act to waive Medicare part B premiums for certain military retirees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buddy System Computer Education Act''. SEC. 2. PURPOSE. It is the purpose of this Act to award demonstration grants to develop and expand public-private partnership programs which extend the learning experience, via computers, beyond the classroom environment in order to-- (1) enhance learning by providing students with the technological tools and guidance necessary to develop skills critical to educational growth and success in the workplace, including-- (A) mastery of fundamental computer technology and applications; (B) improved written and visual communication skills; (C) improved critical thinking and problem solving abilities; and (D) improved ability to work in a collaborative, teamwork-driven environment; (2) encourage parental involvement in education and total family use and understanding of computers and telecommunications through at-home applications; and (3) established foundations for life-long learning through improvement in education skills and student motivation and attitudes. SEC. 3. GRANT AUTHORIZATION. (a) Grant Program.-- (1) In general.--The Secretary shall conduct a program of awarding a grant to each of 3 States to enable such States to create a computer-based education project in accordance with the requirements of section 4 for children--(A) grades 4-6; and or (B) middle or junior high school. (2) Award basis.--The Secretary shall award grants under this Act on a competitive basis. (3) Preference.--In awarding grants under this Act, the Secretary shall give preference to applications-- (A) from States that have a demonstrated ability or commitment to computer-based technology education; and (B) describing projects that serve school districts which serve a large number or percentage of economically disadvantaged students. (b) Site Selection and Project Implementation.--Site selection and implementation of the computer-based education projects assisted under this Act shall take place not later than 9 months after the date of the enactment of this Act. SEC. 4. PROGRAM REQUIREMENTS. Each State receiving a grant to conduct a computer-based education project under this Act shall-- (1) provide a continuous 4-year computer-based education project to--(A) consecutive groups of 4th, 5th, and 6th (if applicable) grade school students during the period commencing with each such group's entry into 4th grade and ending the summer following each such group's completion of elementary school; and or (B) consecutive groups of middle or junior high school students during the period commencing with each such group's entry into the 1st grade taught at such middle or junior high school and ending the summer following each such groups completion of the last grade taugtht at such middle or junior high school. (2) ensure that each student in each of the classes participating in the project shall participate in the project; (3) conduct such project in not more than 7 public schools within the State; and (4) ensure that each student participating in the project shall have access to a computer-- (A) at school during the school year; and (B) at home during the school year and summer. SEC. 5. APPLICATIONS. (a) Application Required.--In order to receive a grant under this Act, the chief State school officer of a State shall submit an application to the Secretary in such form and containing such information as the Secretary may reasonably require. Such application shall include an assurance from the State educational agency that the State educational agency has made every effort to match on a dollar- for-dollar basis from private or public sources the funds received under this Act, except that no such application shall be penalized or denied assistance under this Act on the basis of the failure to provide such matching funds. (b) Application Period.--States shall be eligible to submit applications for assistance under this Act during a 3-month period determined by the Secretary. SEC. 6. ALLOCATION OF FUNDS. Grant funds under this Act shall be used to provide hardware and software components to all sites, and training for classroom teachers as well as parents, administrators and technical personnel. SEC. 7. EVALUATION. The Secretary shall evaluate the demonstration program assisted under this Act and shall report to the Congress regarding the overall effectiveness of such program. SEC. 8. DEFINITIONS. For the purpose of this Act, the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $4,000,000 for fiscal year 1994, $7,000,000 for fiscal year 1995, $5,500,000 for fiscal year 1996, and $3,500,000 for fiscal year 1997 to carry out this Act.

Buddy System Computer Education Act - Directs the Secretary of Education to award a competitive grant to each of three States to create a computer-based education project for children in grades six through eight. Gives preference to applications: (1) from States with demonstrated ability or commitment to computer-based technology education; and (2) describing projects serving school districts serving a large number or percentage of economically disadvantaged students. Requires such projects to: (1) be provided in a continuous four-year form to consecutive groups of students at the applicable grade levels; (2) be conducted in not more than seven public schools within the State; and (3) ensure each student in such classes participates and has access to a computer at school during the school year and at home during the school year and summer. Requires the use of grant funds to provide: (1) hardware and software components to all sites; and (2) training for classroom teachers as well as parents, administrators, and technical personnel. Authorizes appropriations.

Buddy System Computer Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooperative Planning Assistance Act of 1994''. SEC. 2. ASSISTANCE FOR HABITAT ACQUISITION. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end the following new subsection: ``(k) Assistance for Habitat Acquisition.-- ``(1) In general.--In accordance with this subsection, the Secretary may enter into a cooperative agreement with a State, political subdivision of a State, or group of States or political subdivisions of a State (referred to in this subsection as an `entity') to provide assistance for the acquisition of habitat required to carry out a conservation plan approved pursuant to subsection (a)(2), including assisting the entity with meeting the requirement of subsection (a)(2)(B)(iii). ``(2) Cooperative agreements.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may pay to an entity that is a party to a cooperative agreement under paragraph (1), the full amount of interest on-- ``(i) a loan obtained by the entity; ``(ii) a bond issued by the entity; or ``(iii) any other debt instrument that the Secretary determines to be appropriate; that is approved by the Secretary before entering into the cooperative agreement. ``(B) Conditions for entering into cooperative agreements.-- ``(i) In general.--Subparagraph (A) shall apply only in the case of a loan, bond, or other debt instrument that is used solely to cover the cost of acquisition of habitat identified in a conservation plan approved by the Secretary pursuant to subsection (a)(2). ``(ii) Demonstration of ability to repay.-- Before entering into a cooperative agreement with the Secretary under this subsection, the entity that is a party to the cooperative agreement shall demonstrate, to the satisfaction of the Secretary, the ability of the entity to repay the amount of principal of the debt incurred through the debt instrument-- ``(I) in a timely manner; and ``(II) from a source, other than the general tax revenue of the entity, that is dedicated to the repayment of the amount of principal of the debt. ``(C) Factors.--In making a determination whether to enter into a cooperative agreement under this subsection, the Secretary may take into consideration-- ``(i) the number of species for which the approved conservation plan under subsection (a)(2) was developed; ``(ii) the quantity of habitat that will be preserved under the conservation plan; ``(iii) the history of the commitment of the entity that intends to enter into a cooperative agreement to conserve habitat; ``(iv) the participation of diverse interests, including government, business, environmental and landowner interests, in the planning process that produced the approved conservation plan; ``(v) the amount of funds other than the funds obtained through the debt instrument under the cooperative agreement that the entity has expended or will expend to set aside and preserve habitat; ``(vi) the likelihood of success of the conservation plan; and ``(vii) such other factors as the Secretary considers to be appropriate. ``(3) Conditions during cooperative agreements.-- ``(A) In general.--The conditions described in this paragraph shall apply to a cooperative agreement entered into under this subsection. ``(B) Payment of interest.--The sole obligation to be paid by the Secretary pursuant to the cooperative agreement shall be the interest on the debt described in paragraph (2). The Secretary shall pay the interest at the time the interest becomes due. ``(C) Payment of principal.--The entity that is a party to the cooperative agreement shall pay the amount of principal of the debt described in paragraph (2) in the manner described in paragraph (2)(B)(ii). ``(D) Effect of default on payment of principal.-- If the entity that is a party to the cooperative agreement defaults on the payment of an amount of principal of the debt described in paragraph (2) and the default continues for a period of 2 years or more-- ``(i) the obligation of the Secretary to pay interest shall terminate; and ``(ii) the defaulting entity shall be required to repay the Secretary all interest payments made pursuant to the terms of the cooperative agreement. ``(E) Conveyance to the united states.--On full payment of the debt described in paragraph (2), and at the request of the Secretary, the habitat purchased by the entity with funds obtained through the debt instrument pursuant to the cooperative agreement shall be conveyed to the United States pursuant to paragraph (4). ``(4) Conveyance to the secretary.-- ``(A) Right of secretary.--The Secretary shall have the right to assume ownership of the real property purchased as habitat as described in paragraph (3)(E) at such time as-- ``(i) the purchase of habitat financed through a debt instrument that is the subject of a cooperative agreement under this subsection has been carried out; and ``(ii) the debt incurred for the purchase of the habitat has been paid in full. ``(B) Transfer.--If the Secretary exercises the authority described in subparagraph (A)-- ``(i) the entity shall transfer title to the property to the Secretary; and ``(ii) the use of the property shall be dedicated to the protection of species and the preservation of any wilderness areas of the property.''.

Cooperative Planning Assistance Act of 1994 - Amends the Endangered Species Act of 1973 to authorize the Secretary of the Interior to enter into a cooperative agreement with a State, political subdivision, or group of States or State political subdivisions to provide assistance for habitat acquisition required to carry out an approved conservation plan, including assisting the entity in ensuring that adequate funding for the plan will be provided. Authorizes the Secretary to pay to an entity that is a party to such cooperative agreement the full amount of interest on a loan, bond, or other debt instrument of the entity that is approved by the Secretary before entering into the agreement and that is used solely for habitat acquisition costs identified in an approved conservation plan. Requires the entity, before entering into such cooperative agreement, to demonstrate its ability to repay the principal amount of the debt incurred in a timely manner and from a source, other than its general tax revenue, that is dedicated to repaying the principal. Sets forth factors to be considered by the Secretary before entering into such cooperative agreements. Provides that: (1) the sole obligation to be paid by the Secretary pursuant to the cooperative agreement shall be the interest on the debt; and (2) the entity that is a party to such agreement shall pay the principal. Terminates the obligation of the Secretary to pay interest and requires the defaulting entity to repay the Secretary all interest payments made pursuant to the terms of the cooperative agreement if the entity that is a party to the agreement defaults on the payment of the principal amount of the debt and the default continues for two years or more. Provides that on full payment of the debt and at the request of the Secretary the habitat purchased by the entity with funds obtained through the debt instrument shall be conveyed to the United States. Provides that if the Secretary exercises such authority, the use of the property shall be dedicated to the protection of species and the preservation of any wilderness areas of the property.

Cooperative Planning Assistance Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Development Loan Assistance Demonstration Program Act of 1993''. SEC. 2. ESTABLISHMENT AND SCOPE OF DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development shall carry out a program to demonstrate the effectiveness of encouraging economic development in enterprise zones by making grants to community development corporations for reducing interest rates on loans for economic development activities in the enterprise zones. (b) Selection of Enterprise Zones.-- (1) Number.--The Secretary shall carry out the demonstration program under this Act with respect to 5 enterprise zones, which the Secretary shall select not later than the expiration of the 30-day period beginning on the date the termination of the period referred to in section 701(a)(4)(B) of the Housing and Community Development Act of 1987. (2) Diversity.--Of the enterprise zones selected under this subsection, not less than 2 shall be located in rural areas (as described in section 701(a)(2)(B) of the Housing and Community Development Act of 1987) and not less than 2 shall be located in metropolitan statistical areas (as designated by the Director of the Office of Management and Budget). In selecting the enterprise zones, the Secretary shall provide for national geographic diversity among enterprise zones participating in the demonstration program. SEC. 3. GRANTS FOR ECONOMIC DEVELOPMENT LOAN ASSISTANCE. (a) Authority.--Under the demonstration program under this Act, the Secretary may make grants to any community development corporation sponsored by a bank or thrift institution, by a nonbank economic development corporation, or by residents of an enterprise zone selected under section 2(b). (b) Use.--Each community development corporation receiving a grant under the demonstration program under this Act shall use the grant amounts to assist businesses and nonprofit organizations by reducing interest rates on loans for economic development activities carried out in an enterprise zone selected under section 2(b). (c) Other Requirements.--The Secretary shall require each community development corporation receiving a grant under the demonstration program under this Act to-- (1) use the grant amounts to reduce the interest rate on a loan described in subsection (b) by an amount not to exceed 60 percent of the market rate of interest on such loan; and (2) take any actions necessary to inform businesses and nonprofit organizations of the availability of such loans, including holding informational meetings, making public announcements, and placing notices in newspapers and other publications. SEC. 4. MONITORING. The Secretary shall monitor the use of grants made under this Act and the costs of administering such grants. SEC. 5. REPORTS AND STUDY. (a) Annual Report.--The Secretary shall submit to the Congress, not later than 1 year after the date that amounts to carry out this Act are first made available under appropriations Acts and for each year thereafter in which amounts are available to carry out the demonstration program, a report containing an evaluation of the effectiveness of grants made under the demonstration program. (b) Study and Report on Expanded Program.-- (1) Study.--The Secretary shall conduct a study regarding the effects and costs of carrying out a long-term and expanded program of making grants for the purposes under this Act. The study shall determine the need for such grants and the amount of funds necessary to carry out an effective program of national scope. (2) Report.--The Secretary shall submit to the Congress, not later than September 31, 1996, a report regarding the results of the study under paragraph (1) and any recommendations for carrying out a program as described in paragraph (1). SEC. 6. DEFINITIONS. For the purposes of this Act: (1) Economic development activities.--The term ``economic development activities'' means the construction and rehabilitation of housing, downtown and neighborhood commercial revitalization, industrial development and redevelopment, small and minority business assistance, neighborhood marketing, training, and technical assistance, research and planning for nonprofit development groups, and other activities which create permanent private sector jobs. (2) Enterprise zone.--The term ``enterprise zone'' means an area that is designated as an enterprise zone under section 701 of the Housing and Community Development Act of 1987. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act in fiscal years 1994, 1995, and 1996 a total of $100,000,000. SEC. 8. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act.

Economic Development Loan Assistance Demonstration Program Act of 1993 - Directs the Secretary of Housing and Urban Development to establish a demonstration program to encourage economic development in five enterprise zones through grants to community development corporations for reducing interest rates on economic development loans.

Economic Development Loan Assistance Demonstration Program Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2017''. SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS. Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Registration exemption for merger and acquisition brokers.-- ``(A) In general.--Except as provided in subparagraph (B), an M&A broker shall be exempt from registration under this section. ``(B) Excluded activities.--An M&A broker is not exempt from registration under this paragraph if such broker does any of the following: ``(i) Directly or indirectly, in connection with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction. ``(ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be registered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d). ``(iii) Engages on behalf of any party in a transaction involving a shell company, other than a business combination related shell company. ``(iv) Directly, or indirectly through any of its affiliates, provides financing related to the transfer of ownership of an eligible privately held company. ``(v) Assists any party to obtain financing from an unaffiliated third party without-- ``(I) complying with all other applicable laws in connection with such assistance, including, if applicable, Regulation T (12 CFR 220 et seq.); and ``(II) disclosing any compensation in writing to the party. ``(vi) Represents both the buyer and the seller in the same transaction without providing clear written disclosure as to the parties the broker represents and obtaining written consent from both parties to the joint representation. ``(vii) Facilitates a transaction with a group of buyers formed with the assistance of the M&A broker to acquire the eligible privately held company. ``(viii) Engages in a transaction involving the transfer of ownership of an eligible privately held company to a passive buyer or group of passive buyers. For purposes of the preceding sentence, a buyer that is actively involved in managing the acquired company is not a passive buyer, regardless of whether such buyer is itself owned by passive beneficial owners. ``(ix) Binds a party to a transfer of ownership of an eligible privately held company. ``(C) Disqualifications.--An M&A broker is not exempt from registration under this paragraph if such broker is subject to-- ``(i) suspension or revocation of registration under paragraph (4); ``(ii) a statutory disqualification described in section 3(a)(39); ``(iii) a disqualification under the rules adopted by the Commission under section 926 of the Investor Protection and Securities Reform Act of 2010 (15 U.S.C. 77d note); or ``(iv) a final order described in paragraph (4)(H). ``(D) Rule of construction.--Nothing in this paragraph shall be construed to limit any other authority of the Commission to exempt any person, or any class of persons, from any provision of this title, or from any provision of any rule or regulation thereunder. ``(E) Definitions.--In this paragraph: ``(i) Business combination related shell company.--The term `business combination related shell company' means a shell company that is formed by an entity that is not a shell company-- ``(I) solely for the purpose of changing the corporate domicile of that entity solely within the United States; or ``(II) solely for the purpose of completing a business combination transaction (as defined under section 230.165(f) of title 17, Code of Federal Regulations) among one or more entities other than the company itself, none of which is a shell company. ``(ii) Control.--The term `control' means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. There is a presumption of control for any person who-- ``(I) is a director, general partner, member or manager of a limited liability company, or corporate officer of a corporation or limited liability company, and exercises executive responsibility (or has similar status or functions); ``(II) has the right to vote 25 percent or more of a class of voting securities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ``(III) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital. ``(iii) Eligible privately held company.-- The term `eligible privately held company' means a privately held company that meets both of the following conditions: ``(I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic information, documents, and reports under subsection (d). ``(II) In the fiscal year ending immediately before the fiscal year in which the services of the M&A broker are initially engaged with respect to the securities transaction, the company meets either or both of the following conditions (determined in accordance with the historical financial accounting records of the company): ``(aa) The earnings of the company before interest, taxes, depreciation, and amortization are less than $25,000,000. ``(bb) The gross revenues of the company are less than $250,000,000. For purposes of this subclause, the Commission may by rule modify the dollar figures if the Commission determines that such a modification is necessary or appropriate in the public interest or for the protection of investors. ``(iv) M&A broker.--The term `M&A broker' means a broker, and any person associated with a broker, engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repurchase, or redemption of, or a business combination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that-- ``(I) upon consummation of the transaction, any person acquiring securities or assets of the eligible privately held company, acting alone or in concert, will control and, directly or indirectly, will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company; and ``(II) if any person is offered securities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consummate the transaction, receive or have reasonable access to the most recent fiscal year-end financial statements of the issuer of the securities as customarily prepared by the management of the issuer in the normal course of operations and, if the financial statements of the issuer are audited, reviewed, or compiled, any related statement by the independent accountant, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of operations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer. ``(v) Shell company.--The term `shell company' means a company that at the time of a transaction with an eligible privately held company-- ``(I) has no or nominal operations; and ``(II) has-- ``(aa) no or nominal assets; ``(bb) assets consisting solely of cash and cash equivalents; or ``(cc) assets consisting of any amount of cash and cash equivalents and nominal other assets. ``(F) Inflation adjustment.-- ``(i) In general.--On the date that is 5 years after the date of the enactment of the Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2017, and every 5 years thereafter, each dollar amount in subparagraph (E)(ii)(II) shall be adjusted by-- ``(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index (or successor) for the calendar year ending December 31, 2012; and ``(II) multiplying such dollar amount by the quotient obtained under subclause (I). ``(ii) Rounding.--Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.''. SEC. 3. EFFECTIVE DATE. This Act and any amendment made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act. Passed the House of Representatives December 7, 2017. Attest: KAREN L. HAAS, Clerk.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2017 (Sec. 2) This bill amends the Securities Exchange Act of 1934 to exempt from that Act's registration requirements merger-and-acquisition brokers that facilitate transfer of ownership in privately held companies with earnings or revenues under a specified threshold. This exemption shall not apply, however, to brokers that: receive, hold, transmit, or have custody of funds or securities to be exchanged by parties to an ownership transfer; engage on behalf of an issuer in a public offering of registered securities; engage on behalf of any party in a transaction involving specified shell companies; provide financing related to the transfer of ownership; assist any party to obtain financing from a third party in specified circumstances; represent both buyer and seller without disclosure and consent from both parties; facilitate a transaction with a group of buyers formed with the assistance of the broker; engage in transferring ownership to a passive buyer; bind a party to a transfer of ownership; or are subject to suspension or revocation of registration or to other specified disqualifications.

Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Police Pursuit Policy Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1996-- (A) 377 deaths occurred in the United States as a result of high-speed motor vehicle pursuits; and (B) 103 of those deaths were police officers or innocent bystanders who died as a result of high-speed motor vehicle pursuits; (2) in 1995, of the high-speed motor vehicle pursuits conducted during that year, approximately-- (A) 40 percent resulted in accidents; (B) 20 percent resulted in injury; and (C) 1 percent resulted in death; (3) a recent study found that approximately 60 percent of high-speed motor vehicle pursuits resulted from pursuits that were not related to felony offenses; (4) an insufficient amount of statistical data and documentation concerning high-speed motor vehicle pursuits is available; (5) a recent study found that although only 31 percent of law enforcement agencies maintain consistent records on motor vehicle pursuits made by law enforcement officers, 71 percent of those agencies were able to provide data on the number of high-speed motor vehicle pursuits conducted; (6) a recent study found that-- (A) 73 percent of the law enforcement officers polled had been involved in a high-speed motor vehicle pursuit during the 12-month period preceding the date of the polling; and (B) 40 percent of those officers reported that an accident resulted from a high-speed motor vehicle pursuit in which the officer participated; (7) a recent study found that most law enforcement recruits who receive training to become law enforcement officers receive only an average of 14 hours of training for driving skills, and a majority of that time is used to provide training in the mechanics of driving instead of providing practice for safe and effective high-speed motor vehicle pursuit procedures; and (8) a recent study found that an increased emphasis on the high-speed motor vehicle pursuit policies, procedures, and training decreases the occurrence of high-speed motor vehicle pursuits, as the recruits who receive training that includes special training for effective high-speed motor vehicle pursuits were less likely to engage in those pursuits. SEC. 3. MOTOR VEHICLE PURSUIT REQUIREMENTS FOR STATE HIGHWAY SAFETY PROGRAMS. Section 402(b)(1) of title 23, United States Code, is amended-- (1) in each of subparagraphs (A) through (D), by striking the period at the end and inserting a semicolon; (2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) on and after January 1, 1999, have in effect throughout the State-- ``(i) a law that-- ``(I) makes it unlawful for the driver of a motor vehicle to increase speed or to take any other deliberately evasive action if a law enforcement officer clearly signals the driver to stop the motor vehicle; and ``(II) provides that any driver who violates that law shall be subject to a minimum penalty of-- ``(aa) imprisonment for a period of not less than 3 months; and ``(bb) seizure of the motor vehicle at issue; and ``(ii) a requirement that each State agency and each agency of a political subdivision of the State that employs law enforcement officers who, in the course of employment, may conduct a motor vehicle pursuit shall-- ``(I) have in effect a policy that meets requirements that the Secretary shall establish concerning the manner and circumstances in which a motor vehicle pursuit may be conducted by law enforcement officers; ``(II) train all law enforcement officers of the agency in accordance with the policy referred to in subclause (I); and ``(III) for each fiscal year, transmit to the chief executive officer of the State a report containing information on each motor vehicle pursuit conducted by a law enforcement officer of the agency.''. SEC. 4. REPORTING REQUIREMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief of the Capitol Police, and the Administrator of General Services shall each transmit to Congress a report containing-- (1) the policy of the department or agency headed by that individual concerning motor vehicle pursuits by law enforcement officers of that department or agency; and (2) a description of the procedures that the department or agency uses to train law enforcement officers in the implementation of the policy referred to in paragraph (1). (b) Requirement.--Each policy referred to in subsection (a)(1) shall meet the requirements established by the Secretary of Transportation pursuant to section 402(b)(1)(F)(ii)(I) of title 23, United States Code, concerning the manner and circumstances in which a motor vehicle pursuit may be conducted.

National Police Pursuit Policy Act of 1997 - Prohibits the Secretary of Transportation from approving the highway safety program of a State that does not have in effect by January 1, 1999: (1) a law that makes it unlawful for the driver of a motor vehicle to increase speed or to take any other deliberately evasive action if a law enforcement officer clearly signals the driver to stop the motor vehicle and that subjects any driver who violates that law to a minimum penalty of three months' imprisonment and seizure of the motor vehicle; and (2) a requirement that each State and local agency that employs law enforcement officers who may conduct a motor vehicle pursuit have a policy that meets guidelines set by the Secretary, train all law enforcement officers in accordance with that policy, and submit to the chief executive officer of the State a report regarding each motor vehicle pursuit. Requires the U.S. Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief of the Capitol Police, and the Administrator of General Services to report to the Congress on each such entity's motor vehicle pursuit policy and the procedures used to train law enforcement officers to implement that policy. Requires each such policy to meet the policy requirements of State programs under this Act.

National Police Pursuit Policy Act of 1997

SECTION 1. FINDINGS. Congress finds as follows: (1) The Big Thicket National Preserve, located in East Texas, was established by Congress in 1974 as the nation's first Preserve. (2) The Big Thicket, known as the ``biological crossroads of North America,'' is home to species native of the Gulf Coastal Plains, Eastern Forests, and the Central Plains, including the bald eagle, the peregrine falcon, and whooping crane, which make their home among rivers, baldcypress swamps, pine savannahs, sandhills, and tall forests. (3) In 1993, Congress approved an expansion of the authorized boundary of the Big Thicket to incorporate more biological diversity. (4) In 2007, major owners of timberland in the region began divesting property, some of which was ultimately purchased by the National Park Service for Big Thicket. (5) Because of these new additions, the Big Thicket has reached its Congressionally authorized boundary of 97,000 acres. SEC. 2. BOUNDARY ADJUSTMENT. The first section of the Act titled ``An Act to authorize the establishment of the Big Thicket National Preserve in the State of Texas, and for other purposes'' (16 U.S.C. 698), is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (2) by inserting after subsection (b) the following: ``(c) Additional Lands.--The boundary of the preserve may also include any lands acquired from willing sellers totaling not more than 100,000 acres of land near the Preserve as generally depicted on the map titled `Big Thicket National Preserve Proposed Boundary Expansion', numbered 175/80, 017A, and dated April 2008. The map shall be on file and available for inspection in the appropriate offices of the National Park Service.''; (3) in subsection (d) (as redesignated by paragraph (1) above)-- (A) by striking ``owner: Provided further'' and all that follows through ``exchange:'' and inserting a colon; and (B) by striking ``After notifying'' through the end of that sentence and inserting ``The Secretary may, if the Secretary considers such that lands would make a significant contribution to the purposes for which the preserve was created, accept title to any lands, or interests in lands, located outside of the boundaries of the preserve, as established by subsections (b) and (c), which the State of Texas or its political subdivisions may acquire and offer to donate to the United States or which any private person, organization, or public or private corporation may offer to donate to the United States. The Secretary may administer such lands as a part of the preserve after publishing notice to that effect in the Federal Register.''; and (4) by adding at the end the following: ``(g) Private Landowner Withdrawal.--Any owner of private property included within the boundaries of the preserve shall have their property immediately removed from the boundary by submitting a written request for such withdrawal to the Secretary.''. SEC. 3. CANOPY WALKS, ELEVATED BOARDWALKS, AND ASSOCIATED INTERPRETATION. The Secretary of the Interior shall construct, operate, and maintain a system of canopy walks, elevated boardwalks, and associated interpretation that connect visitors with the ecological diversity of Big Thicket National Preserve. In developing the system, the Secretary may give special consideration to areas in Big Thicket National Preserve that are inaccessible to most visitors due to swamp, high vegetation, or fragile ecology. SEC. 4. BIG THICKET NATIONAL PRESERVE INTERPRETIVE CENTER. The Secretary of the Interior shall construct, operate, and maintain a Big Thicket National Preserve interpretive center that is-- (1) easily accessible to a heavily traveled area (such as Beaumont, Texas, near Interstate 10); and (2) serves as an educational opportunity for children and young adults to learn more about Big Thicket National Preserve, wildlife, and the environment, and the importance of protecting these resources. SEC. 5. CANOE AND KAYAKING TRAILS. The Secretary of the Interior shall construct, operate, and maintain canoe and kayaking trails in Big Thicket National Preserve that-- (1) are guided by Global Positioning System waypoints; and (2) include platforms off the water for kayaks and canoes to be docked safely. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of the Interior such sums as are necessary to carry out this Act and the amendments made by this Act.

Adjusts the boundary of Big Thicket National Preserve, located in East Texas, to include any lands acquired from willing sellers totaling not more than 100,000 acres of land near the Preserve. Permits any owner of private property included within the boundaries of the Big Thicket National Preserve to have their property immediately removed by submitting a written request for such withdrawal. Directs the Secretary of the Interior to construct and operate: (1) a system of canopy walks, elevated boardwalks, and associated interpretation that connect visitors with the ecological diversity of Big Thicket National Preserve; (2) a Big Thicket National Preserve interpretive center; and (3) canoe and kayaking trails in Big Thicket National Preserve.

To adjust the boundary of Big Thicket National Preserve in Texas and provide for three ecotourism projects within the preserve, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Byron Nelson Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Byron Nelson was a top player in the sport of golf during the World War II era and his accomplishments as a player, a teacher, and commentator are renowned. (2) Byron Nelson won 54 career victories, including a record 11 in a row in 1945, during his short 13-year career. (3) Byron Nelson won 5 majors, including 2 Masters (1937 and 1942), 2 Professional Golf Association (PGA) Championships (1940 and 1945) and the U.S. Open (1939). (4) Sports journalist Bill Nichols recently ranked the greatest seasons on the PGA tour for The Dallas Morning News and picked Roanoke, Texas-resident Byron Nelson's 1945 tour as the greatest season of golf in American history. (5) In 1945, Byron Nelson accumulated 18 total victories, 11 of which were consecutive, while averaging 68.33 strokes per round for 30 tournaments. (6) At the Seattle Open in 1945, Byron Nelson shot a record 62 for 18 holes and the world record 259, 29 shots under par for 72 holes. (7) Byron Nelson is one of only 2 golfers to be named ``Male Athlete of the Year'' twice by the Associated Press: in 1944, when he won 7 tournaments and averaged 69.67 strokes for 85 rounds, and again after his 1945 season. (8) The World Golf Hall of Fame honored Byron Nelson in 2004 by featuring an exhibit entitled ``Byron Nelson: A Champion ... A Gentleman''. (9) Byron Nelson was selected for the Ryder Cup 4 times--in 1937, 1939, 1947 and 1965, and on that last occasion he led the United States Ryder Cup team as team captain to victory over Great Britain. (10) Byron Nelson was also a pioneer in the golf business, helping to develop the golf shoes and umbrellas used today. (11) In 1966, True Temper created the ``Iron Byron'' robot to replicate Byron Nelson's swing in order to test the company's equipment, but the robot was eventually used for club and ball testing by the United States Golf Association (USGA) and many other manufacturing companies. (12) Byron Nelson mentored many golf hopefuls, including 1964 Player of the Year Ken Venturi and 6-time PGA Player of the Year Tom Watson. (13) Byron Nelson was one of the first golf analysts on network television where his understanding of the game in general, and the golf swing in particular, was demonstrably profound. (14) Byron Nelson received the United States Golf Association's Bob Jones Award for distinguished sportsmanship in golf in 1974. (15) In 1974, the Golf Writers Association of America presented Byron Nelson with the Richardson Award for consistently outstanding contributions to golf. (16) Since 1983, the Byron and Louise Nelson Golf Endowment Fund has provided over $1,500,000 in endowment funds to Abilene Christian University in Abilene, Texas. (17) Byron Nelson received the PGA Distinguished Service Award in 1993. This award is presented to an individual who has helped perpetuate the ideals and values of the PGA. (18) Byron Nelson has served as an honorary chairperson for the Metroport Meals on Wheels since 1992. (19) In 1994, the Golf Course Superintendents Association of America presented Byron Nelson with the Old Tom Morris Award for outstanding contributions to the game. (20) Byron Nelson helped to develop the Tournament Players Course (TPC) Four Seasons at Los Colinas, Texas, site of the EDS Byron Nelson Championship and the Byron Nelson Golf School, into a world-class facility. (21) The EDS Byron Nelson Championship is the only PGA tour event named in honor of a professional golfer and traditionally attracts the strongest players in the sport. (22) Since its inception, the EDS Byron Nelson Championship has raised $88,000,000 for Salesmanship Club Youth and Family Centers, a nonprofit agency that provides education and mental health services for more than 2,700 children and their families in the greater Dallas area. (23) In 2002, Byron Nelson received the prestigious Donald Ross Award from the American Society of Golf Course Architects (ASGCA) for his significant contribution to the game of golf and the profession of golf course architecture. (24) The United States Golf Association presented Byron Nelson the Ike Grainger Award for volunteer service to the game of golf in 2002. (25) In 2002, the National Golf Foundation presented Byron Nelson with the Graffis Award for outstanding lifelong contributions to the game of golf. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Passed the Senate September 27, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 2491 _______________________________________________________________________ AN ACT To award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.

Byron Nelson Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Byron Nelson in recognition of his contributions to the game of golf as a player, teacher, and commentator.

A bill to award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Functional gastrointestinal and motility disorders (FGIMDs) are chronic conditions associated with increased sensitivity of the GI tract, abnormal motor functioning, and brain-gut dysfunction. (2) FGIMDs are characterized by symptoms in the GI tract including pain or discomfort, nausea, vomiting, diarrhea, constipation, incontinence, problems in the passage of food or feces, or a combination of these symptoms. (3) FGIMDs include conditions such as dysphagia, gastroesophageal reflux disease, dyspepsia, cyclic vomiting syndrome, gastroparesis, irritable bowel syndrome (IBS), Hirschsprung's disease, chronic intestinal pseudo-obstruction, bowel incontinence, and many others, which affect the esophagus, stomach, gallbladder, small and large intestine, and anorectal areas of the body. (4) The severity of FGIMDs ranges from mildly uncomfortable to debilitating and in some cases life-threatening. (5) Effective treatments for the multiple symptoms of FGIMDs are lacking, and while sufferers frequently use a variety of medications and therapies for symptoms, few patients report satisfaction with available treatments. (6) Patients with FGIMDs frequently suffer for years before receiving an accurate diagnosis, exposing them to unnecessary and costly tests and procedures including surgeries, as well as needless suffering and expense. (7) The economic impact of FGIMDs is high. The annual cost in the United States for IBS alone is estimated to be between $1.7 billion and $10 billion in direct medical costs (excluding prescription and over-the-counter medications) and $20 billion in indirect medical costs. (8) FGIMDs frequently take a toll on the workplace, as reflected in work absenteeism, lost productivity, and lost opportunities for the individual and society. (9) Gastrointestinal symptoms consistent with functional gastrointestinal disorders such as IBS and functional dyspepsia have been recognized as a serious and disabling issue for military veterans, particularly those who have been deployed. (10) FGIMDs affect individuals of all ages including children, and pediatric FGIMDs can be particularly serious, leading to a lifetime of painful symptoms and medical expenses associated with management of chronic illness or death. (11) The National Institutes of Health's National Commission on Digestive Diseases identified comprehensive research goals related to FGIMDs in its April 2009 report to Congress and the American public entitled ``Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases''. SEC. 3. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS RESEARCH ENHANCEMENT. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS. ``The Director of NIH may expand, intensify, and coordinate the activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders (in this section referred to as `FGIMDs') by-- ``(1) expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases relating to FGIMDs; ``(2) providing support for the establishment of up to five centers of excellence on FGIMDs at leading academic medical centers throughout the country to carry out innovative basic, translational, and clinical research focused on FGIMDs; ``(3) exploring collaborative research opportunities among the National Institute of Diabetes and Digestive and Kidney Diseases, the Office of Research on Women's Health, the Office of Rare Disease Research, and other Institutes and Centers of the National Institutes of Health; ``(4) directing the National Institute of Diabetes and Digestive and Kidney Diseases to provide the necessary funding for continued expansion and advancement of the FGIMDs research portfolio through intramural and extramural research; ``(5) directing the National Institute of Diabetes and Digestive and Kidney Diseases and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children, such as Hirschsprung's disease and cyclic vomiting syndrome, and maternal health, such as fecal incontinence; and ``(6) exploring opportunities to partner with the Department of Defense and the Department of Veterans Affairs to increase research and improve patient care regarding FGIMDs that commonly impact veterans and active duty military personnel, such as IBS and dyspepsia.''. SEC. 4. PROMOTING PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 320B. PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS. ``The Secretary may engage in public awareness and education activities to increase understanding and recognition of functional gastrointestinal and motility disorders (in this section referred to as `FGIMDs'). Such activities may include the distribution of print, film, and web-based materials targeting health care providers and the public and prepared and disseminated in conjunction with patient organizations that treat FGIMDs. The information expressed through such activites should emphasize-- ``(1) basic information on FGIMDs, their symptoms, prevalence, and frequently co-occurring conditions; and ``(2) the importance of early diagnosis, and prompt and accurate treatment of FGIMDs.''. SEC. 5. SENSE OF CONGRESS ON THE DEVELOPMENT AND OVERSIGHT OF INNOVATIVE TREATMENT OPTIONS FOR FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS. It is the sense of Congress that, considering the current lack of effective treatment options for the global symptoms of functional gastrointestinal and motility disorders (in this section referred to as ``FGIMDs'') and the inherent challenges of developing and bringing such treatments to market, the Commissioner of Food and Drugs should continue and accelerate important efforts to improve the development and oversight of treatment options for FGIMDs by-- (1) enhancing the commitment to emerging efforts like the Patient Reported Outcomes Consortium to expedite medical device and drug development, study appropriate balances between risk and patient benefit, and identify proper endpoints for conditions without clear, biological indicators; (2) enhancing the commitment to broad efforts like the Critical Path Initiative focused on ensuring that scientific breakthroughs are quickly translated into safe and beneficial treatment options; and (3) continuing collaboration with patient organizations that treat FGIMDs so that the patient perspective is considered when determining the need for innovative treatments.

Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH activities with respect to functional gastrointestinal and motility disorders (FGIMDs), including by: (1) expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases, (2) providing support for the establishment of centers of excellence on FGIMDs, (3) directing the National Institute of Diabetes and Digestive and Kidney Diseases to provide the necessary funding for the continued expansion and advancement of the FGIMDs research portfolio through intramural and extramural research, and (4) directing such Institute and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children. Authorizes the Secretary of Health and Human Services (HHS) to engage in public awareness and education activities to increase understanding and recognition of FGIMDs.

To expand the research activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``1995 Franklin Delano Roosevelt Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the people of the United States feel a deep debt of gratitude to Franklin Delano Roosevelt for his leadership in America's struggle for peace, well-being, and human dignity; (2) the year 1995 marks the 50th anniversary of the death of President Franklin Delano Roosevelt, who died April 12, 1945, in Warm Springs, Georgia; (3) Franklin Delano Roosevelt served his country as the 32d President from 1932 until his death in 1945. He is the only United States President elected to four terms in office; (4) Franklin Delano Roosevelt served the State of New York as Governor from 1928 through 1932; (5) Franklin Delano Roosevelt served his country as the United States Assistant Secretary of the Navy from 1913 through 1920; (6) Franklin Delano Roosevelt piloted the American people through the economic chaos of the Great Depression; (7) Franklin Delano Roosevelt, as our commander in chief, led the American people through the turmoil of World War II; (8) Franklin Delano Roosevelt established Social Security, thus providing all Americans with a more abundant and secure life; (9) Franklin Delano Roosevelt was the author of ``The Four Freedoms: Freedom of Speech, Freedom of Worship, Freedom from Want, and Freedom from Fear''; (10) Franklin Delano Roosevelt was the founder of the National Foundation for Infantile Paralysis, parent organization of the March of Dimes; and (11) Franklin Delano Roosevelt was the chief architect of the United Nations. SEC. 3. COIN SPECIFICATIONS. (a) One Dollar Silver Coins.-- (1) Issuance.--The Secretary shall issue not more than 500,000 one dollar coins which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) Design.--The design of the dollar coins shall bear a likeness of Franklin Delano Roosevelt. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1995'', and inscriptions of the terms ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Alterations.--Additions or alterations to the design of the coin shall be made only after consultation with, and approval by, the Franklin Delano Roosevelt Memorial Commission. (b) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--The coins issued under this Act shall be numismatic items for purposes of section 5134 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 5. SELECTION OF DESIGN. The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the Franklin Delano Roosevelt Memorial Commission. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders at a Discount.--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 to reflect the benefit of prepayment. (c) Surcharge Required.--All sales shall include a surcharge of $10 per coin. SEC. 7. ISSUANCE OF THE COINS. (a) Period for Issuance.--The coins authorized under this Act shall be available for issue not later than January 1, 1995, but shall be issued only during the 1-year period beginning on such date. (b) Proof and Uncirculated Coins.--The coins authorized under this Act shall be issued in uncirculated and proof qualities. Not more than 1 facility of the Bureau of the Mint may be used to strike any particular combination of denomination and quality. SEC. 8. 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 or services required to carry out this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 9. DISTRIBUTION OF SURCHARGES. The surcharges received by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary in the following manner: (1) An amount equal to 50 percent of the total surcharges shall be paid to the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial. (2) An amount equal to 50 percent of the total surcharges shall be paid to the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial. SEC. 10. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the account referred to in section 9 as may be related to the expenditure of amounts paid under such section. SEC. 11. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 3 shall not result in any net cost to the Federal Government. (b) Payment for Issuance of Coins.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment for such 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 whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

1995 Franklin Delano Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins bearing a likeness of Franklin Delano Roosevelt. Requires the Secretary to distribute proceeds from surcharges ($10 per coin) in equal allocations to: (1) the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial; and (2) the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial.

1995 Franklin Delano Roosevelt Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biofuel Engineering Training Act''. SEC. 2. DEFINITION. In this Act-- (1) the term ``biofuel engineering'' means the discipline concerned with utilization of harvested living plant material to produce fuels; and (2) the term ``Secretary'' means the Secretary of Energy. SEC. 3. STUDY AND DEVELOPMENT OF STANDARDS. The Secretary shall make a grant to an appropriate standard-setting or other entity to conduct a study of, and develop appropriate standards for, accreditation of undergraduate and graduate biofuel engineering programs at institutions of higher education, and to study and the needs of the biofuel industry for engineering support. Such study shall include-- (1) a determination of subspecialty requirements for engineers who will concentrate on creating other products in addition to fuel, including animal feed and other consumer products; (2) consideration of the interaction of biological feedstock with the structural material in the production and distribution systems, the carbon footprint of the production and distribution of biofuels, and related genetic challenges; and (3) supplemental courses of study that could be used by experienced engineers for transition into the new biofuel engineering discipline. SEC. 4. CENTERS OF EXCELLENCE FOR BIOFUELS RESEARCH AND TRAINING. (a) Establishment.--The Secretary shall establish, through the Office of Science, Centers of Excellence for Biofuels Research and Training at institutions of higher education or consortia of such institutions across the country. (b) Selection.-- (1) In general.--The Secretary shall award grants for the establishment of Centers of Excellence to eligible institutions through a competitive application process. (2) Criteria.--The Secretary shall establish selection criteria for awarding grants under paragraph (1). These criteria shall require participating institutions to-- (A) effectively integrate biofuels research, training, and instruction; (B) bring together the study and practice of a broad range of disciplines with relevance to biofuel engineering; (C) work with companies that are in the process of commercializing biofuels technology; and (D) work with local communities to assist with economic development and job creation in the biofuels sector. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $10,000,000 for each of fiscal years 2010 through 2014. SEC. 5. BIOFUEL ENGINEERING GRADUATE FELLOWSHIP PROGRAM. (a) Definition of Eligible Student.--In this section, the term ``eligible student'' means a student who attends an institution of higher education that offers a doctoral or masters degree in the biofuel engineering field. (b) Establishment.--The Secretary shall establish a graduate fellowship program for eligible students pursuing a doctoral degree in the biofuel engineering field. (c) Selection.-- (1) In general.--The Secretary shall award fellowships to eligible students under this section through a competitive merit review process, involving written and oral interviews. (2) Criteria.--The Secretary shall establish selection criteria for awarding fellowships under this section that require an eligible student-- (A) to pursue a field of science or engineering of importance to a mission area of the Department; (B) to demonstrate to the Secretary-- (i) the capacity of the eligible student to understand technical topics relating to the fellowship that can be derived from the first principles of the technical topics; (ii) imagination and creativity; (iii) leadership skills in organizations or intellectual endeavors, demonstrated through awards and past experience; (iv) excellent verbal and communication skills to explain, defend, and demonstrate an understanding of technical subjects relating to the fellowship; and (v) an understanding of how the many disciplines relevant to biofuel engineering interact in the biofuel engineering field; and (C) to be a citizen or legal permanent resident of the United States. (d) Awards.-- (1) Amount.--A fellowship awarded under this section shall-- (A) provide an annual living stipend; and (B) cover-- (i) graduate tuition at an institution of higher education described in subsection (a); and (ii) incidental expenses associated with curricula and research at the institution of higher education (including books, computers, and software). (2) Duration.--A fellowship awarded under this section shall be for up to 3 years of study within a 5-year period. (3) Portability.--A fellowship awarded under this section shall be portable with the eligible student. (e) Administration.--The Secretary-- (1) shall administer the program established under this section through the Office of Science; and (2) may enter into a contract with a nonprofit entity to administer the program, including the selection and award of fellowships. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $3,500,000 for each fiscal year. SEC. 6. AVAILABILITY OF FEDERAL FACILITIES. Agencies of the Federal Government, including national laboratories, shall make research facilities available to accredited biofuel engineering programs for faculty and students to enhance education and training opportunities.

Biofuel Engineering Training Act - Directs the Secretary of Energy to award a grant to an appropriate standard-setting or other entity to: (1) develop appropriate standards for the accreditation of undergraduate and graduate biofuel engineering programs at institutions of higher education (IHEs); and (2) study the needs of the biofuel industry for engineering support. Requires the Secretary to award competitive grants to IHEs to establish Centers of Excellence for Biofuels Research and Training that: (1) integrate biofuels research, training, and instruction; (2) coordinate the broad range of disciplines relevant to biofuels engineering; and (3) work with companies that are commercializing biofuels technology, and local communities spurring economic development and job creation in the biofuels sector. Directs the Secretary to award portable graduate fellowships to students pursuing doctorates in biofuels engineering. Requires the fellowships, which are for up to three years of study, to provide recipients with an annual living stipend, and cover graduate tuition and incidental expenses. Requires federal agencies, including national laboratories, to make research facilities available to accredited biofuel engineering programs.

To direct the Secretary of Energy to provide for the establishment of accreditation standards relating to biofuel engineering, to provide support for undergraduate and graduate degree programs that create the engineering skills necessary to support biofuel production, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Long-Term Care Act of 1999''. SEC. 2. EXPANDED LONG-TERM CARE SERVICES UNDER MEDICARE PROGRAM FOR DEPENDENT INDIVIDUALS. (a) In General.-- (1) Part a.--Section 1812 of the Social Security Act (42 U.S.C. 1395d) is amended-- (A) in subsection (a)-- (i) in paragraph (2)(B), by striking ``subsection (f),'' and inserting ``subsection (f) and section 1889,'', (ii) by striking ``and'' at the end of paragraph (3), (iii) by striking the period at the end of paragraph (4) and inserting ``; and'', and (iv) by adding at the end the following new paragraph: ``(5) long-term care services consisting of extended care services (in accordance with section 1889).''; and (B) in subsection (b)(2), by striking ``post- hospital'' and inserting ``except as provided in section 1889, post-hospital''. (2) Part b.--Section 1861(s)(2) of such Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (S), by striking ``and'' at the end; (B) in subparagraph (T), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (T) the following new subparagraph: ``(U) long-term care services consisting of in-home care (in accordance with section 1889);''. (b) Description of Services; Eligibility.--Title XVIII of such Act is amended by inserting after section 1888 the following new section: ``long-term care services for dependent individuals ``Sec. 1889. (a) In General.--An individual entitled to benefits under this part shall be entitled to have payments made on the individual's behalf for long-term care services if-- ``(1) the individual is a dependent individual; and ``(2) such services are provided in accordance with a case management plan developed by a case management agency. ``(b) Services Provided.--In this section, the term `long-term care services' means-- ``(1) in-home care (as defined in subsection (e)); and ``(2) extended care services (as defined in section 1861(h)), but only with respect to a chronically dependent individual. ``(c) Payment for Services.-- ``(1) In general.--Subject to paragraph (2), the amount payable for long-term care services under this section shall be determined in accordance with a fee schedule for such services established by the Secretary. ``(2) Imposition of deductible.--The amount otherwise payable for long-term care services under this section furnished during a calendar year shall be reduced by an amount equal to the deductible imposed for inpatient hospital services for the year under section 1813(a)(1). ``(d) Dependent Individual Defined.-- ``(1) In general.--In this section, the term `dependent individual' means an individual who-- ``(A) is unable to perform (without substantial assistance from another individual) because of physical or cognitive impairment at least 2 of the following activities of daily living: bathing, dressing, toileting, transferring, and eating; or ``(B) has a similar level of disability due to cognitive impairment that requires substantial direction, instruction, or supervision of another individual in order-- ``(i) to perform 2 or more of the activities of daily living described in subparagraph (A), or ``(ii) to remain in the community without causing harm to self or others because of inappropriate behavioral patterns. ``(2) Chronically dependent individual.--In this section, the term `chronically dependent individual' means an individual described in paragraph (1) who-- ``(A) for purposes of subparagraph (A) of such paragraph, is unable to perform at least 3 of the activities of daily living described in such subparagraph; or ``(B) for purposes of subparagraph (B)(i) of such paragraph, has a level of disability that requires direction, instruction, or supervision of another individual to perform 3 or more of such activities of daily living. ``(3) Activities of daily living defined.--The `activities of daily living' referred to in this subsection are as follows: ``(A) Eating. ``(B) Bathing. ``(C) Dressing. ``(D) Toileting. ``(E) Transferring in and out of a bed or in and out of a chair. ``(e) In-Home Care.-- ``(1) In general.--For purposes of this section, the term `in-home care' means the items and services described in paragraph (2) furnished to an individual by a home care agency (as defined in section 1861(uu)) or by others under arrangements with them made by the agency provided in a place of residence used as such individual's home (other than services described in paragraph (2)(H)). ``(2) Services described.--The items and services described in this paragraph are as follows: ``(A) Nursing care provided by or under the supervision of a registered professional nurse. ``(B) Services of a homemaker/home health aide who has successfully completed a training and competency evaluation program approved by the Secretary. ``(C) Personal care services. ``(D) Medical social services. ``(E) Physical, occupational, or respiratory therapy or speech-language pathology. ``(F) Medical supplies (other than drugs and biologicals) and durable medical equipment, while under such a plan. ``(G) Patient and caregiver (including family caregiver) education and training to develop skills necessary to permit the individual to remain in the home setting. ``(H) Community care services furnished outside of the place of residence. ``(I) Such other home-based items and services (other than room and board) as the Secretary may approve. ``(f) Case Management Requirements.-- ``(1) Requests for assessment.--Each individual entitled to benefits under this title (or another person on such individual's behalf) may request a case management agency to conduct an assessment under this section to determine whether the individual is a dependent individual or a chronically dependent individual. ``(2) Description of plans.--For purposes of this section, a `case management plan' means, with respect to an individual, a written plan of care which-- ``(A) is established and periodically reviewed and revised by a case management agency; and ``(B) reflects the individual's needs identified in the assessment under paragraph (1). ``(3) Case management agency defined.--In this section, the term `case management agency' means a nonprofit or public agency or organization (or a nonprofit or public subdivision of such an agency or organization) certified by the Secretary to conduct assessments and establish case management plans under this subsection which-- ``(A) is experienced in conducting assessments, in establishing and periodically reviewing and revising case management plans for nursing facility services and in-home care, and in coordinating and reviewing the quality of the provision of such services and care; ``(B) is capable of efficiently and effectively performing directly or through contracts under paragraph (4) such duties; and ``(C) does not provide nursing facility services or in-home care and does not have a direct or indirect ownership or control interest in, or direct or indirect affiliation or relationship with, an entity that provides, such services or care. ``(4) Contracting out certain functions.--The Secretary shall permit a case management agency, to the extent necessary to carry out functions under this section, to provide for assessments and case management plans through contracts with nonprofit or public organizations which do not provide nursing facility services or in-home care and do not have a direct or indirect ownership or control interest in, or direct or indirect affiliation or relationship with, an entity that provides, such services or care.''. (c) Conforming Amendments.--(1) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (P)'' and inserting ``(P)''; and (B) by striking the semicolon at the end and inserting the following: ``, and (Q) with respect to expenses incurred for services described in section 1861(s)(2)(P), the amounts paid shall be the amounts determined under section 1889(c);''. (2) Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``home care agency ``(uu) The term `home care agency' means a public agency or private organization, or a subdivision of such an agency or organization, which is a home health agency (as defined in subsection (o)) or-- ``(1) is primarily engaged in providing services of homemaker/home health aides and personal care aides; ``(2) maintains clinical records on all patients; ``(3) in the case of an agency or organization in any State in which State or applicable local law provides for the licensing of agencies or organizations of this nature-- ``(A) is licensed pursuant to such law, or ``(B) is approved, by the agency of such State or locality, responsible for licensing agencies or organizations of this nature, as meeting the standards established for such licensing; and ``(4) meets such other requirements as the Secretary may find necessary in the interest of the health and safety of individuals who are furnished services by such agency or organization and for the effective and efficient operation of the program.''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2000.

Comprehensive Long-Term Care Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend Medicare part A (Hospital Insurance) coverage of extended care services to chronically dependent individuals; and (2) provide for coverage of home care services under Medicare part B (Supplementary Medical Insurance).

Comprehensive Long-Term Care Act of 1999

SECTION 1. SENSE OF THE CONGRESS. It is the sense of the Congress that it is inappropriate for the Department of Labor, as the principal enforcer of fiduciary standards in connection with employee pension benefit plans and employee welfare benefit plans (as defined in paragraphs (1) and (2) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1), (2))), to take any action to promote or otherwise encourage economically targeted investments. SEC. 2. PROHIBITIONS ON DEPARTMENT OF LABOR REGARDING ECONOMICALLY TARGETED INVESTMENTS. (a) In General.--Interpretive Bulletin 94-1, issued by the Secretary of Labor on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94-1), is null and void and shall have no force or effect. The provisions of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) shall be interpreted and enforced without regard to such Interpretive Bulletin. (b) Restrictions on Department of Labor Regulations.--The Secretary of Labor may not issue any rule, regulation, or interpretive bulletin which promotes or otherwise encourages economically targeted investments as a specified class of investments. (c) Restrictions on Activities of the Department of Labor.--No officer or employee of the Department of Labor may travel, lecture, or otherwise expend resources available to such Department for the purpose of promoting, directly or indirectly, economically targeted investments. (d) Economically Targeted Investment Defined.--For purposes of this section, the term ``economically targeted investment'' has the meaning given such term in Interpretive Bulletin 94-1, as issued by the Secretary of Labor on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94-1). SEC. 3. PROHIBITION ON FEDERAL AGENCIES AGAINST ESTABLISHING OR MAINTAINING ANY CLEARINGHOUSE OR OTHER DATABASE RELATING TO ECONOMICALLY TARGETED INVESTMENTS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``prohibition on federal agencies against establishing or maintaining any clearinghouse or other database relating to economically targeted investments ``Sec. 516. (a) In General.--No agency or instrumentality of the Federal Government may establish or maintain, or contract with (or otherwise provide assistance to) any other party to establish or maintain, any clearinghouse, database, or other listing-- ``(1) for the purpose of making available to employee benefit plans information on economically targeted investments, ``(2) for the purpose of encouraging, or providing assistance to, employee benefit plans or any other party related to an employee benefit plan to undertake or evaluate economically targeted investments, or ``(3) for the purpose of identifying economically targeted investments with respect to which such agency or instrumentality will withhold from undertaking enforcement actions relating to employee benefit plans under any otherwise applicable authority of such agency or instrumentality. ``(b) Economically Targeted Investment Defined.--For purposes of this section, the term `economically targeted investment' has the meaning given such term in Interpretive Bulletin 94-1, as issued by the Secretary on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94- 1).''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by inserting at the end of the items relating to part 5 of subtitle B of title I the following new item: ``Sec. 516. Prohibition on Federal agencies against establishing or maintaining any clearinghouse or other database relating to economically targeted investments.''. SEC. 4. TERMINATION OF CONTRACTS. The head of each agency and instrumentality of the Government of the United States shall immediately take such actions as are necessary and appropriate to terminate any contract or other arrangement entered into by such agency or instrumentality which is in violation of the requirements of the provisions of this Act or the amendments made thereby. SEC. 5. AUTHORITY OF DEPARTMENT OF LABOR. Nothing in this Act is intended to affect the ability of the Department of Labor to issue advisory opinions, information letters, technical releases, prohibited transactions, exemptions, or other pronouncements interpreting and applying ERISA's fiduciary responsibility rules to particular factual situations, or exempting specific transactions from the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (pursuant to 29 U.S.C. 1106, 1108). SEC. 6. EFFECTIVE DATE. The preceding provisions of this Act (and the amendments made thereby) shall take effect on the date of the enactment of this Act. Passed the House of Representatives September 12, 1995. Attest: ROBIN H. CARLE, Clerk.

Expresses the sense of the Congress that it is inappropriate for the Department of Labor (DOL), as the principal enforcer of fiduciary standards in connection with employee pension benefit plans and employee welfare plans, as defined under the Employee Retirement Income Security Act of 1974 (ERISA), to take any action to promote or otherwise encourage economically targeted investments. Requires that ERISA provisions be interpreted and enforced without regard to a specified DOL interpretive bulletin regarding economically targeted investments, and makes such interpretive bulletin null and void. Prohibits the Secretary of Labor from issuing any rule, regulation, or interpretive bulletin which promotes or otherwise encourages economically targeted investments as a specified class of investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act. Declares that nothing in this Act is intended to affect the ability of the DOL to issue advisory opinions, information letters, technical releases, prohibited transactions, exemptions, or other pronouncements interpreting and applying ERISA's fiduciary responsibility rules to particular factual situations, or exempting specific transactions from the prohibited transaction provisions of ERISA.

To place restrictions on the promotion by the Department of Labor and other Federal agencies and instrumentalities of economically targeted investments in connection with employee benefit plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paso al Norte National Museum of Immigration History Act''. SEC. 2. FINDINGS. Congress finds that-- (1) more than 20,000,000 people currently living in the United States trace their roots to Mexico, and Mexican- Americans represent one of the fastest growing population groups in this country; (2) people of Hispanic descent have made significant contributions in all areas of American life; (3) Hispanic-Americans, their ancestors, and other cultural groups on both sides of the border have a rich history that must be preserved and told for the benefit of current and future generations of Americans; (4) the histories of the many individuals and families, who came from many different backgrounds and who faced hardship and adversity as they migrated in search of better lives for themselves and their descendants, need to be better documented and incorporated into the larger history of the United States; (5) the histories of these courageous people reflect the strong relationship between the people of the United States and the people of Mexico; (6) there is no museum dedicated to the history of migration at the United States southern border; (7) historically, El Paso, Texas, has been the largest port of entry for people immigrating to the United States from Mexico; (8) El Camino Real de Tierra Adentro (the Royal Road of the Interior) passes through El Paso and served as the primary route between the colonial Spanish capital of Mexico City and the Spanish Provincial capitals San Juan de los Caballeros, San Gabriel, and Santa Fe, all part of the present day United States; (9) El Paso and its sister city, Ciudad Juarez, Mexico, together form the largest international border city; (10) the University of Texas at El Paso, a majority of whose students are Mexican-American, is coordinating a national effort to create in El Paso a national museum dedicated to preserving the history of people who, for many centuries, have moved between Mexico and territories that are now part of the United States; and (11) the City of El Paso has made the establishment of the Paso al Norte National Museum of Immigration History a priority in an effort to draw large numbers of visitors as part of its plan for revitalization and development. SEC. 3. PASO AL NORTE NATIONAL MUSEUM OF IMMIGRATION HISTORY. (a) Establishment.--If land is made available to or by the University of Texas at El Paso as described in subsection (b), the Secretary of the Interior shall make a grant under section 4 for the establishment of the Paso al Norte National Museum of Immigration History (referred to in this Act as ``the museum''), a museum and research center for the interpretation and commemoration of migration at the United States southern border. (b) Land.--The land referred to in subsection (a) is land within the boundary of the city of El Paso, Texas, either made available by the University of Texas at El Paso, or, if the university agrees to the location, by the city of El Paso or by any other entity. SEC. 4. ESTABLISHMENT GRANT. (a) Grant.--The Secretary of the Interior shall, within 90 days after receiving a proposal meeting the requirements of subsection (b), award a grant to the University of Texas at El Paso for the establishment of the museum, including planning, design, construction, furnishing, and startup expenses. (b) Grant Proposal.--In order to receive a grant under this section the University of Texas at El Paso, in agreement with the city of El Paso, shall, not later than 1 year after the date of the enactment of this Act, transmit to the Secretary of the Interior a proposal that includes-- (1) a designation of land made available for the museum as described in section 3(b); (2) plans detailing the location and function of each museum facility; (3) plans for design and construction that will meet all applicable Federal, State, and local building codes and laws, and that are in accordance with professional museum standards; (4) a timetable for completion of construction and opening of the museum before October 1, 2007; (5) detailed plans concerning the operation and maintenance of the museum; (6) a description of proposed museum collections and educational programming; and (7) a plan for the design of exhibits, including collections to be exhibited, preservation, protection, environmental controls, security, and presentations in accordance with professional museum standards. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of the Interior $15,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2008, to carry out this Act. All sums authorized to be appropriated shall remain available for expenditure through fiscal year 2008.

Paso al Norte National Museum of Immigration History Act - Requires the Secretary of the Interior, if land is made available to or by the University of Texas at El Paso under specified conditions, to make a grant for the establishment of the Paso al Norte National Museum of Immigration History (a museum and research center for the interpretation and commemoration of migration at the U.S. southern border).Directs the Secretary, after receiving a grant proposal from the University in agreement with the City of El Paso that meets certain requirements, to award a grant to the University for the establishment of the museum, including planning, design, construction, furnishing, and startup expenses.

To authorize a national museum, including a research center and related visitor facilities, in the city of El Paso, Texas, to commemorate migration at the United States southern border.

Defined.--For purposes of this section, the term ``joint resolution'' means-- (1) in the case of a joint resolution introduced within 5 session days of Congress of receipt by Congress of a report described in section 2(b), only a joint resolution the matter after the resolving clause of which is as follows: ``That Congress approves the recommendation of the President to not apply the country sanction described in the report submitted on ____ pursuant to section 2(b) of the Sanctions Implementation Procedures Act of 1998 with respect to the sanctionable activity described in the report.'', with the blank filled in with the appropriate date; and (2) in the case of a joint resolution introduced within 5 session days of Congress of receipt by Congress of a report described in section 2(d), only a joint resolution the matter after the resolving clause of which is as follows: ``That Congress approves the recommendation of the President to remove the country sanction described in the report submitted on ____ pursuant to section 2(d) of the Sanctions Implementation Procedures Act of 1998 with respect to the sanctionable activity described in the report.'', with the blank filled in with the appropriate date. (b) Referral of Resolutions.--A resolution described in subsection (a) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on International Relations of the House of Representatives. (c) Discharge of Committees.--If the committee to which is referred a resolution described in subsection (a) has not reported such resolution (or an identical resolution) at the end of 5 session days of Congress after its introduction, the committee shall be deemed to be discharged from further consideration of the resolution and the resolution shall be placed on the appropriate calendar of the House involved. (d) Motions To Proceed to the Consideration of the Resolutions.-- Whenever the committee to which a resolution is referred has reported, or has been deemed to be discharged from further consideration of, a resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any member of the respective House to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain unfinished business of the respective House until disposed of. (e) Time for Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 8 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (f) Vote on Final Passage.--Immediately following the conclusion of the debate on a resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (g) Appeals.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (h) Treatment of Other House's Resolution.--If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (1) The resolution of the other House shall not be referred to a committee. (2) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (A) the procedure in that House shall be the same as if no resolution had been received from the other House; but (B) the vote on final passage shall be on the resolution of the other House. (i) Presidential Vetoes.-- (1) In general.--Upon receipt of a message from the President returning the joint resolution unsigned to the House of origin and setting further his objections to the joint resolution, the House receiving the message shall immediately enter the objections at large on the journal of that House and the House shall proceed to the immediate reconsideration of the joint resolution the objections of the President to the contrary notwithstanding or of a motion to proceed to the immediate reconsideration of the joint resolution, or the joint resolution and objections shall lie on the table. Upon receipt of a message of a House transmitting the joint resolution and the objections of the President, the House receiving the message shall proceed to the immediate reconsideration of the joint resolution the objections of the President to the contrary notwithstanding or of a motion to proceed to the immediate reconsideration of the joint resolution, or the joint resolution and objections shall lie on the table. A motion to refer the joint resolution to a committee shall not be in order in either House. (2) Motion to proceed.--After the receipt of a message by a House as described in paragraph (1), it is at any time in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the reconsideration of the joint resolution the objections of the President to the contrary notwithstanding. The motion is highly privileged in the House of Representatives and is a question of highest privilege in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the reconsideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (3) Limit on debate.--Debate on reconsideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 8 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to notwithstanding the objections of the President or disagreed to is not in order. (4) Vote to override veto.--Immediately following the conclusion of the debate on reconsideration of the resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on the question of passage, the objections of the President to the contrary notwithstanding, shall occur. (j) Rules of the Senate and the House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such as it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. SEC. 4. DEFINITIONS. In this Act: (1) Country sanction.--The term ``country sanction'' means any prohibition or restriction that is expressly directed to or is applied to, a specific foreign country or government-- (A) on the use of Federal funds with respect to the foreign country or government; or (B) on transactions involving property in which the foreign country or government has any interest. (2) Mandated by statute.--The term ``mandated by statute''-- (A) means any direction or requirement expressed in statute; and (B) excludes any provision of law conferring discretion or authority upon an officer or employee of the United States, including any authority to exercise a waiver or delay in the implementation of a statutory provision, except that this exclusion does not apply to any provision of law containing a waiver that may only be exercised on grounds more restrictive than a determination that it is in the national interests of the United States to do so. (3) Initial imposition.--The term ``initial imposition'' means, with respect to a sanction or sanctions, the first imposition of any sanction with respect to a specific determination made under the statute mandating the sanction. (4) Sanctionable activity.--The term ``sanctionable activity'' means the conduct of the foreign country or government that is the basis for the imposition of a country sanction mandated by statute. (5) Session day of congress.--The term ``session day of Congress'' means any day on which the respective House of Congress is in session.

Sanctions Implementation Procedures Act of 1998 - Authorizes the President to delay the initial imposition of sanctions against a foreign country mandated by statute if it is determined that such delay is necessary: (1) to assist in negotiating a cessation by the country of the sanctionable activity; or (2) for a review of the potential effectiveness of such sanction. Terminates such a delay and imposes such a sanction: (1) 45 days after the delay commenced; or (2), if earlier, when a report submitted under this Act does not recommend that the sanction should not apply. Allows an extended delay of 15 days if such a report does recommend that the sanction should not apply; but requires imposition of the sanction after such 15-day period if the Congress has not enacted a joint resolution approving the recommendation. Directs the President to submit to the Congress a report setting forth: (1) the objectives of the country sanction delayed; (2) the extent of multilateral support, if any, for such sanction; (3) the estimated impact on the country to be sanctioned; (4) the costs and benefits to the United States of imposing the country sanction; and (5) if the President so determines, based upon such information, a recommendation that the country sanction should not apply with respect to a sanctionable activity. Declares that a country sanction with respect to which the President has made such a recommendation shall not apply with respect to the sanctionable activity if the Congress enacts a joint resolution approving such recommendation. Directs the President, two years after the initial imposition of any country sanction, and annually thereafter, to submit a similar report to the Congress. Sets forth congressional procedures for the approval of joint resolutions.

Sanctions Implementation Procedures Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reconstruction and Stabilization Civilian Management Act of 2008''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) In June 2004, the Office of the Coordinator for Reconstruction and Stabilization (referred to as the ``Coordinator'') was established in the Department of State with the mandate to lead, coordinate, and institutionalize United States Government civilian capacity to prevent or prepare for post-conflict situations and help reconstruct and stabilize a country or region that is at risk of, in, or is in transition from, conflict or civil strife. (2) In December 2005, the Coordinator's mandate was reaffirmed by the National Security Presidential Directive 44, which instructed the Secretary of State, and at the Secretary's direction, the Coordinator, to coordinate and lead integrated United States Government efforts, involving all United States departments and agencies with relevant capabilities, to prepare, plan for, and conduct reconstruction and stabilization operations. (3) National Security Presidential Directive 44 assigns to the Secretary, with the Coordinator's assistance, the lead role to develop reconstruction and stabilization strategies, ensure civilian interagency program and policy coordination, coordinate interagency processes to identify countries at risk of instability, provide decision-makers with detailed options for an integrated United States Government response in connection with reconstruction and stabilization operations, and carry out a wide range of other actions, including the development of a civilian surge capacity to meet reconstruction and stabilization emergencies. The Secretary and the Coordinator are also charged with coordinating with the Department of Defense on reconstruction and stabilization responses, and integrating planning and implementing procedures. (4) The Department of Defense issued Directive 3000.05, which establishes that stability operations are a core United States military mission that the Department of Defense must be prepared to conduct and support, provides guidance on stability operations that will evolve over time, and assigns responsibilities within the Department of Defense for planning, training, and preparing to conduct and support stability operations. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Agency.--The term ``agency'' means any entity included in chapter 1 of title 5, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (4) Department.--Except as otherwise provided in this Act, the term ``Department'' means the Department of State. (5) Personnel.--The term ``personnel'' means individuals serving in any service described in section 2101 of title 5, United States Code, other than in the legislative or judicial branch. (6) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 4. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND STABILIZATION CRISES. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended by inserting after section 617 the following new section: ``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS. ``(a) Assistance.-- ``(1) In general.--If the President determines that it is in the national security interests of the United States for United States civilian agencies or non-Federal employees to assist in reconstructing and stabilizing a country or region that is at risk of, in, or is in transition from, conflict or civil strife, the President may, in accordance with the provisions set forth in section 614(a)(3), subject to paragraph (2) of this subsection but notwithstanding any other provision of law, and on such terms and conditions as the President may determine, furnish assistance to such country or region for reconstruction or stabilization using funds under paragraph (3). ``(2) Pre-notification requirement.--The President may not furnish assistance pursuant to paragraph (1) until five days (excepting Saturdays, Sundays, and legal public holidays) after the requirements under section 614(a)(3) of this Act are carried out. ``(3) Funds.--The funds referred to in paragraph (1) are funds made available under any other provision of law and under other provisions of this Act, and transferred or reprogrammed for purposes of this section, and such transfer or reprogramming shall be subject to the procedures applicable to a notification under section 634A of this Act. ``(b) Limitation.--The authority contained in this section may be exercised only during fiscal years 2008, 2009, and 2010, except that the authority may not be exercised to furnish more than $100,000,000 in any such fiscal year.''. SEC. 5. RECONSTRUCTION AND STABILIZATION. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section: ``SEC. 62. RECONSTRUCTION AND STABILIZATION. ``(a) Office of the Coordinator for Reconstruction and Stabilization.-- ``(1) Establishment.--There is established within the Department of State the Office of the Coordinator for Reconstruction and Stabilization. ``(2) Coordinator for reconstruction and stabilization.-- The head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary. ``(3) Functions.--The functions of the Office of the Coordinator for Reconstruction and Stabilization shall include the following: ``(A) Monitoring, in coordination with relevant bureaus and offices of the Department of State and the United States Agency for International Development (USAID), political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for the reconstruction and stabilization of a country or region that is at risk of, in, or are in transition from, conflict or civil strife. ``(B) Assessing the various types of reconstruction and stabilization crises that could occur and cataloging and monitoring the non-military resources and capabilities of agencies (as such term is defined in section 3 of the Reconstruction and Stabilization Civilian Management Act of 2008) that are available to address such crises. ``(C) Planning, in conjunction with USAID, to address requirements, such as demobilization, disarmament, rebuilding of civil society, policing, human rights monitoring, and public information, that commonly arise in reconstruction and stabilization crises. ``(D) Coordinating with relevant agencies to develop interagency contingency plans and procedures to mobilize and deploy civilian personnel and conduct reconstruction and stabilization operations to address the various types of such crises. ``(E) Entering into appropriate arrangements with agencies to carry out activities under this section and the Reconstruction and Stabilization Civilian Management Act of 2008. ``(F) Identifying personnel in State and local governments and in the private sector who are available to participate in the Civilian Reserve Corps established under subsection (b) or to otherwise participate in or contribute to reconstruction and stabilization activities. ``(G) Taking steps to ensure that training and education of civilian personnel to perform such reconstruction and stabilization activities is adequate and is carried out, as appropriate, with other agencies involved with stabilization operations. ``(H) Taking steps to ensure that plans for United States reconstruction and stabilization operations are coordinated with and complementary to reconstruction and stabilization activities of other governments and international and nongovernmental organizations, to improve effectiveness and avoid duplication. ``(I) Maintaining the capacity to field on short notice an evaluation team consisting of personnel from all relevant agencies to undertake on-site needs assessment. ``(b) Response Readiness Corps.-- ``(1) Response readiness corps.--The Secretary, in consultation with the Administrator of the United States Agency for International Development and the heads of other appropriate agencies of the United States Government, may establish and maintain a Response Readiness Corps (referred to in this section as the `Corps') to provide assistance in support of reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. The Corps shall be composed of active and standby components consisting of United States Government personnel, including employees of the Department of State, the United States Agency for International Development, and other agencies who are recruited and trained (and employed in the case of the active component) to provide such assistance when deployed to do so by the Secretary to support the purposes of this Act. ``(2) Civilian reserve corps.--The Secretary, in consultation with the Administrator of the United States Agency for International Development, may establish a Civilian Reserve Corps for which purpose the Secretary is authorized to employ and train individuals who have the skills necessary for carrying out reconstruction and stabilization activities, and who have volunteered for that purpose. The Secretary may deploy members of the Civilian Reserve Corps pursuant to a determination by the President under section 618 of the Foreign Assistance Act of 1961. ``(3) Mitigation of domestic impact.--The establishment and deployment of any Civilian Reserve Corps shall be undertaken in a manner that will avoid substantively impairing the capacity and readiness of any State and local governments from which Civilian Reserve Corps personnel may be drawn. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of State such sums as may be necessary for fiscal years 2007 through 2010 for the Office and to support, educate, train, maintain, and deploy a Response Readiness Corps and a Civilian Reserve Corps. ``(d) Existing Training and Education Programs.--The Secretary shall ensure that personnel of the Department, and, in coordination with the Administrator of USAID, that personnel of USAID, make use of the relevant existing training and education programs offered within the Government, such as those at the Center for Stabilization and Reconstruction Studies at the Naval Postgraduate School and the Interagency Training, Education, and After Action Review Program at the National Defense University.''. SEC. 6. AUTHORITIES RELATED TO PERSONNEL. (a) Extension of Certain Foreign Service Benefits.--The Secretary, or the head of any agency with respect to personnel of that agency, may extend to any individuals assigned, detailed, or deployed to carry out reconstruction and stabilization activities pursuant to section 62 of the State Department Basic Authorities Act of 1956 (as added by section 5 of this Act), the benefits or privileges set forth in sections 413, 704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that such benefits and privileges are extended to members of the Foreign Service. (b) Authority Regarding Details.--The Secretary is authorized to accept details or assignments of any personnel, and any employee of a State or local government, on a reimbursable or nonreimbursable basis for the purpose of carrying out this Act, and the head of any agency is authorized to detail or assign personnel of such agency on a reimbursable or nonreimbursable basis to the Department of State for purposes of section 62 of the State Department Basic Authorities Act of 1956, as added by section 5 of this Act. SEC. 7. RECONSTRUCTION AND STABILIZATION STRATEGY. (a) In General.--The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall develop an interagency strategy to respond to reconstruction and stabilization operations. (b) Contents.--The strategy required under subsection (a) shall include the following: (1) Identification of and efforts to improve the skills sets needed to respond to and support reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. (2) Identification of specific agencies that can adequately satisfy the skills sets referred to in paragraph (1). (3) Efforts to increase training of Federal civilian personnel to carry out reconstruction and stabilization activities. (4) Efforts to develop a database of proven and best practices based on previous reconstruction and stabilization operations. (5) A plan to coordinate the activities of agencies involved in reconstruction and stabilization operations. SEC. 8. ANNUAL REPORTS TO CONGRESS. Not later than 180 days after the date of the enactment of this Act and annually for each of the five years thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this Act. The report shall include detailed information on the following: (1) Any steps taken to establish a Response Readiness Corps and a Civilian Reserve Corps, pursuant to section 62 of the State Department Basic Authorities Act of 1956 (as added by section 5 of this Act). (2) The structure, operations, and cost of the Response Readiness Corps and the Civilian Reserve Corps, if established. (3) How the Response Readiness Corps and the Civilian Reserve Corps coordinate, interact, and work with other United States foreign assistance programs. (4) An assessment of the impact that deployment of the Civilian Reserve Corps, if any, has had on the capacity and readiness of any domestic agencies or State and local governments from which Civilian Reserve Corps personnel are drawn. (5) The reconstruction and stabilization strategy required by section 7 and any annual updates to that strategy. (6) Recommendations to improve implementation of subsection (b) of section 62 of the State Department Basic Authorities Act of 1956, including measures to enhance the recruitment and retention of an effective Civilian Reserve Corps. (7) A description of anticipated costs associated with the development, annual sustainment, and deployment of the Civilian Reserve Corps. Passed the House of Representatives March 5, 2008. Attest: LORRAINE C. MILLER, Clerk.

Reconstruction and Stabilization Civilian Management Act of 2008 - (Sec. 4) Amends the Foreign Assistance Act of 1961 to authorize the President, if in the U.S. national interest, to furnish assistance to assist in stabilizing and reconstructing a country or region that is in, or is in transition from, conflict or civil strife. Requires specified pre-notification by the President before making assistance available. Limits: (1) program authority to FY2008-FY2010; and (2) annual fiscal year expenditures to $100 million. (Sec. 5) Amends the State Department Basic Authorities Act of 1956 to establish within the Department of State an Office of the Coordinator for Reconstruction and Stabilization. Sets forth Office functions. Authorizes the Secretary of State to establish: (1) a Response Readiness Corps (containing an active and standby component consisting of trained U.S. government personnel, including Department and United States Agency for International Development (USAID) employees) to provide stabilization and reconstruction activities in foreign countries or regions that are at risk, in, or are in transition from, conflict or civil strife; and (2) a volunteer Civilian Reserve Corps (authorizes such individuals' employment and training). Authorizes FY2007-FY2010 appropriations. Prohibits the establishment and deployment of any Civilian Reserve Corps from substantively impairing state and local capacity and readiness. Directs the Secretary to ensure the use of existing Department and USAID training and education programs. (Sec. 6) Authorizes: (1) the Secretary or the head of any U.S. agency, with respect to agency personnel, to extend to any individual assigned or deployed under this Act certain death gratuity, training, and travel benefits that are provided to Foreign Service members; and (2) the Secretary to accept detailees or assignments from other agencies and state or local employees on a reimbursable or non-reimbursable basis. (Sec. 7) Directs the Secretary to develop an interagency strategy to respond to reconstruction and stabilization operations. Sets forth strategy contents. (Sec. 8) Directs the Secretary to report annually (for six years) to the appropriate congressional committees respecting implementation of this Act. Sets forth report requirements.

To amend the Foreign Assistance Act of 1961, the State Department Basic Authorities Act of 1956, and the Foreign Service Act of 1980 to build operational readiness in civilian agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphans, Widows, and Widowers Protection Act''. SEC. 2. RELIEF FOR ORPHANS AND SPOUSES OF UNITED STATES CITIZENS AND RESIDENTS. (a) Amendment.--Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended-- (1) by inserting ``or, if married to such citizen for less than 2 years at the time of the citizen's death, an alien who proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit'' after ``for at least 2 years at the time of the citizen's death''; and (2) by adding at the end the following: ``For purposes of this subsection, an alien who was the child or parent of a citizen of the United States on the date of the citizen's death shall be considered to remain an immediate relative after such date if the alien parent files a petition under section 204(a)(1)(A)(ii) not later than 2 years after such date or the alien child files such a petition before reaching 21 years of age.''. (b) Special Rule for Orphans and Spouses.--In applying section 201(b)(2)(A)(i) of the Immigration and Nationality Act, as amended by subsection (a), to an alien whose citizen or lawful permanent resident relative died before the date of the enactment of this Act, the alien relative may file the classification petition under section 204(a)(1)(A)(ii) of such Act not later than 2 years after the date of the enactment of this Act. (c) Eligibility for Parole.--If an alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act based solely upon the alien's lack of classification as an immediate relative (as defined in section 201(b)(2)(A)(i) of the Immigration and Nationality Act) due to the death of the alien's citizen relative-- (1) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); and (2) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). SEC. 3. ADJUSTMENT OF STATUS. (a) Surviving Spouses, Parents, and Children.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n) Application for Adjustment of Status by Surviving Spouses, Parents, and Children.-- ``(1) In general.--An alien described in paragraph (2) who applies for adjustment of status before the death of the qualifying relative may have such application adjudicated as if such death had not occurred. ``(2) Alien described.--An alien described in this paragraph is an alien who-- ``(A) is an immediate relative (as described in section 201(b)(2)(A)); ``(B) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); or ``(C) is a derivative beneficiary of an employment- based immigrant under section 203(b) (as described in section 203(d)).''. (b) Refugees.--Section 209(b) of the Immigration and Nationality Act (8 U.S.C. 1259(b)) is amended by adding at the end the following ``An alien who is the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3) who applies for adjustment of status before the death of a qualifying relative may have such application adjudicated as if such death had not occurred.''. SEC. 4. TRANSITION PERIOD. (a) In General.--Notwithstanding a denial of an application for adjustment of status for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, if such motion is filed not later than 2 years after such date of enactment. (b) Eligibility for Parole.--If an alien described in section 245(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1255(n)(2)) was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act-- (1) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)); and (2) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). SEC. 5. PROCESSING OF IMMIGRANT VISAS AND DERIVATIVE PETITIONS. (a) In General.--Section 204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is amended-- (1) by striking ``After an investigation'' and inserting the following: ``(1) In general.--After an investigation''; and (2) by adding at the end the following: ``(2) Death of qualifying relative.-- ``(A) In general.--Any alien described in subparagraph (B) whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. An immigrant visa issued before the death of the qualifying relative shall remain valid after such death. ``(B) Alien described.--An alien described in this subparagraph is an alien who is-- ``(i) an immediate relative (as described in section 201(b)(2)(A)); ``(ii) a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); ``(iii) a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or ``(iv) the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)).''. (b) Transition Period.-- (1) In general.--Notwithstanding a denial or revocation of an application for an immigrant visa for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, if such motion is filed not later than 2 years after such date of enactment. (2) Inapplicability of bars to entry.--Notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), an alien's application for an immigrant visa shall be considered if the alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act. SEC. 6. NATURALIZATION. Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended by inserting ``(or, if the spouse is deceased, the spouse was a citizen of the United States)'' after ``citizen of the United States''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply to all petitions or applications described in such amendments that-- (1) are pending as of the date of the enactment of this Act; or (2) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application.

Orphans, Widows, and Widowers Protection Act - Amends the Immigration and Nationality Act to revise the definition of "immediate relative" to: (1) permit a widow or widower of a U.S. citizen to seek permanent resident status if married less than two years by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and (2) include an alien who was the child or parent of a U.S. citizen at the time of the citizen's death if the alien parent files a petition within two years after such date or the alien child files a petition prior to reaching 21 years old. Provides specified relief for orphans and spouses regarding: (1) petitions for immediate relative status; (2) parole eligibility; (3) permanent resident status adjustment; and (4) processing of immigrant visas.

A bill to amend the Immigration and Nationality Act to promote family unity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microenterprise Empowerment and Job Creation Act of 2011''. SEC. 2. AMENDMENTS TO FOREIGN ASSISTANCE ACT OF 1961 TO IMPROVE ACCESS TO MICROENTERPRISE BY THE VERY POOR. (a) Findings and Policy.--Section 251 of the Foreign Assistance Act of 1961 (22 U.S.C. 2211) is amended by adding at the end the following new paragraph: ``(7) The very poor can utilize microfinance mechanisms and benefit from microenterprise opportunities, but they require innovative approaches that respond to their particular circumstances and needs.''. (b) Authorization; Implementation; Targeted Assistance.-- (1) Authorization.--Section 252(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2211a(a)) is amended-- (A) in paragraph (1) to read as follows: ``(1) assistance for the purpose of expanding the availability of credit, savings, and other financial services to microfinance and microenterprise clients, particularly those who are unable to access such services through the private sector, and to increase the capacity of such clients to access such services through education, training, and mentoring;''; (B) in paragraph (3), by striking ``and'' at the end; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following new paragraph: ``(4) assistance for value chain interventions that-- ``(A) benefit primarily the very poor populations; ``(B) is integral to the success of a microfinance or microenterprise project; and ``(C) includes measures to ensure that the value chain that is created or enhanced will be self- sustainable upon completion of the intervention; and''. (2) Implementation.--Section 252(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2211a(b)(2)) is amended-- (A) in subparagraph (B)(ii), by striking ``$25,000,000'' and inserting ``$24,100,000''; and (B) by adding at the end the following new subparagraph: ``(D) Administrative costs.--For purposes of subparagraph (C), the term `administrative costs' does not include the salary and related costs of personnel who train, mentor, monitor, and verify the accountability of groups participating in projects based on an informal savings-led group model.''. (3) Targeted assistance.--Section 252 of the Foreign Assistance Act of 1961 (22 U.S.C. 2211a) is amended by striking subsection (c) and inserting the following new subsection: ``(c) Targeted Assistance.--In carrying out sustainable poverty- focused programs under subsection (a)-- ``(1)(A) 50 percent of all microenterprise resources shall be targeted to clients who are very poor; and ``(B) clients who receive resources specified in subparagraph (A) shall include individuals who-- ``(i) do not have permanent, secure shelter; ``(ii) are living in camps administered by the United Nations High Commissioner for Refugees for refugees and internally displaced persons; ``(iii) are victims or potential victims of severe forms of trafficking in persons or are women who are victims of or susceptible to other forms of exploitation and violence; or ``(iv) are widows, orphans, or vulnerable children; and ``(2) assistance shall be distributed taking into account country and regional assistance targets established by the Director that are based on the poverty ratios of countries eligible for assistance from the International Development Association.''. (c) Report.--Section 258(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2214(b)) is amended by adding at the end the following paragraphs: ``(12) A description of the efforts made to notify new potential program implementers that provide microenterprise opportunities to the very poor, including faith-based and community-based organizations, of assistance available pursuant to section 252(a). ``(13) A list of organizations that provided assistance to individuals listed in section 252(c)(1)(B), the amount of assistance provided to each organization, and a description of the microenterprise projects funded through each organization. ``(14) The country and regional poverty targets established pursuant to section 252(c)(2), and a comparison as to how assistance pursuant to subsection (a) is being distributed relative to such targets. ``(15) In order to ensure compliance with section 253(b)(4) and to increase access by the very poor to microenterprise opportunities, an identification of-- ``(A) the poverty assessment tools currently available for identifying the very poor that have been evaluated by the Administrator of the Agency, acting through the Director of the office, during the applicable fiscal year; and ``(B) those tools identified under subparagraph (A) that have been determined to meet the Agency's requirements for accountability and transparency and have been approved for such purpose.''. (d) Definitions.--Section 259 of the Foreign Assistance Act of 1961 (22 U.S.C. 2214a) is amended-- (1) in paragraph (3), by striking ``the Committee on International Relations'' and inserting ``the Committee on Foreign Affairs''; (2) by redesignating paragraph (14) as paragraph (15); (3) by inserting after paragraph (13) the following new paragraph: ``(14) Value chain.--The term `value chain' means all or part of a market system to produce and deliver goods from the extraction of raw materials or production of other inputs to final consumer purchase, including the flow of financing among the value chain actors for the purpose of delivering products to market.''; and (4) in subparagraph (B) of paragraph (15) (as redesignated), by striking ``$1'' and inserting ``$1.25''. SEC. 3. ENHANCED PROCUREMENT POLICIES FOR MICROFINANCE PROGRAMS. For the purpose of improving the procurement process for microfinance programs, when administering assistance under section 252 of the Foreign Assistance Act of 1961 (22 U.S.C. 2211a), the Administrator shall-- (1) develop a formal past performance system and database for acquisition and assistance instruments to be used in the evaluation of all future competitions for such instruments; and (2) develop rules regarding potential organizational conflicts of interest related to the design, evaluation, and audit of programs in relation to the implementation of such programs that apply both to acquisition and assistance instruments. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Grant Assistance.--Section 252 of the Foreign Assistance Act of 1961 (22 U.S.C. 2211a), as amended by this Act, is further amended by adding at the end the following subsection: ``(d) Availability of Funds.--Of the amounts authorized to be available to carry out this part, the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, the FREEDOM Support Act, the International Security Assistance Act of 1978, the Agricultural Trade Development and Assistance Act of 1954, and the Support for East European Democracy (SEED) Act of 1989, including local currencies derived from such funds, there are authorized to be appropriated $264,930,000 for each of the fiscal years 2012 through 2016 to carry out this subtitle.''. (b) Credit Assistance.--Section 256(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2212(f)(1)) is amended-- (1) by striking ``such sums as may be necessary'' and inserting ``$2,070,000''; and (2) by striking ``2005 through 2009'' and inserting ``2012 through 2016''.

Microenterprise Empowerment and Job Creation Act of 2011 - Amends the Foreign Assistance Act of 1961 to authorize appropriations through FY2016 for: (1) assistance for programs in developing countries to increase the availability of credit, savings, and other services to microfinance and microenterprise clients lacking full access to capital, training, technical assistance, and business development services; and (2) microenterprise development credits. Expands targeted assistance services for such microfinance and microenterprise clients. Reduces the annual fiscal year amount available for the office of microenterprise development's central funding program. Revises targeted assistance requirements for sustainable poverty-focused programs. Sets forth microfinance programs procurement policies.

To amend the Foreign Assistance Act of 1961 to improve access to microenterprise by the very poor, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Swap Jurisdiction Certainty Act''. SEC. 2. COMMODITY EXCHANGE ACT. Section 4s(a) of the Commodity Exchange Act (7 U.S.C. 6s(a)) is amended by adding at the end the following: ``(3) Extra-territorial swap transaction application of title vii.-- ``(A) In general.--A swap entered into between-- ``(i) a swap dealer that is registered with the Commission who is either-- ``(I) a U.S. person, or ``(II) a person that has a parent company that is a U.S. person, and ``(ii) a person who is-- ``(I) a U.S. or non-U.S. subsidiary, branch, or affiliate of such swap dealer, or ``(II) any other non-U.S. person that is not registered as a swap dealer with the Commission, shall not be subject to the provisions of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments added by such title, so long as each swap dealer described under clause (i) reports such swap to a swap data repository registered with the Commission. ``(B) Swaps entered into by registered non-u.s. persons.-- ``(i) In general.--A non-U.S. person that registers as a swap dealer with the Commission shall only be subject to the requirements of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments added by such title, with respect to swaps that such person enters into with a U.S. person who is not a U.S. subsidiary, branch, or affiliate of such non-U.S. person. ``(ii) Capital requirements.--A non-U.S. person that registers as a swap dealer with the Commission shall be permitted by the Commission to comply with the capital requirements under subsection (e) by complying with comparable requirements established by the appropriate governmental authorities in the home country of the non-U.S. person, so long as such home country is a signatory to the Basel Accords. ``(C) Non-U.S. person.--For purposes of this paragraph, the term `non-U.S. person' includes-- ``(i) any person that is not a U.S. person; ``(ii) any discretionary account or similar account (other than an estate or trust) held for the benefit or account of a non-U.S. person by a dealer or other professional fiduciary organized, incorporated, or (if an individual) resident in the United States; ``(iii) any agency or branch of a U.S. person located outside the United States if-- ``(I) the agency or branch operates for valid business reasons; and ``(II) the agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where it is located; ``(iv) any trust of which any professional fiduciary acting as trustee is a U.S. person, if-- ``(I) a trustee who is a non-U.S. person has sole or shared investment discretion with respect to the trust assets; and ``(II) no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. person; ``(v) an employee benefit plan established and administered in accordance with the law, customary practices, and documentation of a country other than the United States; and ``(vi) the International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, a central bank or its functional equivalent which is located in a non-U.S. jurisdiction and that is a signatory to the Basel Accords, and their agencies, affiliates and pension plans, and any other similar international organizations, their agencies, affiliates and pension plans. ``(D) U.S. person.--For purposes of this paragraph, the term `U.S. person' includes-- ``(i) any natural person resident in the United States; ``(ii) any partnership or corporation organized or incorporated under the laws of the United States; ``(iii) any estate of which any executor or administrator is a U.S. person; ``(iv) any trust of which any trustee is a U.S. person; ``(v) any agency or branch of a foreign entity located in the United States; ``(vi) any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a United States person; ``(vii) any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and ``(viii) any partnership or corporation-- ``(I) organized or incorporated under the laws of any foreign jurisdiction; and ``(II) formed by a U.S. person principally for the purpose of investing in securities not registered under the Securities Act of 1933, unless it is organized or incorporated, and owned, by accredited investors (as such term is defined under section 230.501 of title 17, Code of Federal Regulations) that are not natural persons, estates, or trusts. ``(E) Anti-evasion.--Notwithstanding any other provision of this paragraph, each registered swap dealer shall be subject to the provision under section 2(i)(2).''. SEC. 3. SECURITIES EXCHANGE ACT OF 1934. Section 15F(a) of the Securities Exchange Act of 1934 (78o-10(a)) is amended by adding at the end the following: ``(3) Extra-territorial swap transaction application of title vii.-- ``(A) In general.--A security-based swap entered into between-- ``(i) a security-based swap dealer that is registered with the Commission who is either-- ``(I) a U.S. person, or ``(II) a person that has a parent company that is a U.S. person, and ``(ii) a person who is a U.S. or non-U.S. subsidiary, branch, affiliate, or parent company of such security-based swap dealer, shall not be subject to the provisions of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments added by such title, so long as each security-based swap dealer described under clause (i) reports such security-based swap to a security-based swap data repository registered with the Commission. ``(B) Security-based swaps entered into by registered non-u.s. persons.-- ``(i) In general.--A non-U.S. person that registers as a security-based swap dealer with the Commission shall only be subject to the requirements of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments added by such title, with respect to security-based swaps that such person enters into with a U.S. person who is not a U.S. subsidiary, branch, or affiliate of such non-U.S. person. ``(ii) Capital requirements.--A non-U.S. person that registers as a security-based swap dealer with the Commission shall be permitted by the Commission to comply with the capital requirements under subsection (e) by complying with comparable requirements established by the appropriate governmental authorities in the home country of the non-U.S. person, so long as such home country is a signatory to the Basel Accords. ``(C) Non-U.S. person.--For purposes of this paragraph, the term `non-U.S. person' includes-- ``(i) any person that is not a U.S. person; ``(ii) any discretionary account or similar account (other than an estate or trust) held for the benefit or account of a non-U.S. person by a dealer or other professional fiduciary organized, incorporated, or (if an individual) resident in the United States; ``(iii) any agency or branch of a U.S. person located outside the United States if-- ``(I) the agency or branch operates for valid business reasons; and ``(II) the agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where it is located; ``(iv) any trust of which any professional fiduciary acting as trustee is a U.S. person, if-- ``(I) a trustee who is a non-U.S. person has sole or shared investment discretion with respect to the trust assets; and ``(II) no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. person; ``(v) an employee benefit plan established and administered in accordance with the law, customary practices, and documentation of a country other than the United States; and ``(vi) the International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, a central bank or its functional equivalent which is located in a non-U.S. jurisdiction and that is a signatory to the Basel Accords, and their agencies, affiliates and pension plans, and any other similar international organizations, their agencies, affiliates and pension plans. ``(D) U.S. person.--For purposes of this paragraph, the term `U.S. person' includes-- ``(i) any natural person resident in the United States; ``(ii) any partnership or corporation organized or incorporated under the laws of the United States; ``(iii) any estate of which any executor or administrator is a U.S. person; ``(iv) any trust of which any trustee is a U.S. person; ``(v) any agency or branch of a foreign entity located in the United States; ``(vi) any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a United States person; ``(vii) any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and ``(viii) any partnership or corporation-- ``(I) organized or incorporated under the laws of any foreign jurisdiction; and ``(II) formed by a U.S. person principally for the purpose of investing in securities not registered under the Securities Act of 1933, unless it is organized or incorporated, and owned, by accredited investors (as such term is defined under section 230.501 of title 17, Code of Federal Regulations) that are not natural persons, estates, or trusts. ``(E) Anti-evasion.--Notwithstanding any other provision of this paragraph, a registered security- based swap dealer shall not conduct any activities that are designed to evade any provision of this Act that was enacted by the Wall Street Transparency and Accountability Act of 2010. ``(F) Preservation of authority.--Nothing in this paragraph shall-- ``(i) exempt a transaction described in this paragraph from section 23A or 23B of the Federal Reserve Act, or implementing regulations thereunder; or ``(ii) affect the authorities of the prudential regulators over the institutions described under subparagraphs (A) through (E) of section 1a(39) of the Commodity Exchange Act (7 U.S.C. 1a(39)) as those authorities are established in law, other than under title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act and amendments made by such title.''.

Swap Jurisdiction Certainty Act - (Sec. 2) Amends the Commodity Exchange Act regarding extra-territorial swap transactions between: (1) a registered swap dealer who is either a U.S. person or a person whose parent company is a U.S. person; and (2) a person who is a U.S. or non-U.S. subsidiary, branch, or affiliate of such swap dealer, or any other non-U.S. person not registered as a swap dealer. Exempts swaps from regulation under the Wall Street Transparency and Accountability Act of 2010 (WSTAA) (title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act) as long as the swap dealer: (1) is either a U.S. person or a person whose parent company is a U.S. person, and (2) reports such swap to a swap data repository registered with the Commodity Futures Trading Commission (CFTC). Subjects to WSTAA requirements any non-U.S. person that is a registered swaps dealer but only for swaps entered into with a U.S. person who is not a U.S. subsidiary, branch, or affiliate of that non-U.S. person. Requires the CFTC to permit non-U.S. persons that are registered swaps dealers to comply with WSTAA capital requirements by complying with comparable requirements established by the appropriate governmental authorities in their respective home countries, so long as those home countries are signatories to the Basel Accords. Subjects each registered swap dealer to any rules or regulations as the CFTC may prescribe or promulgate as are necessary or appropriate to prevent the evasion of any provision of the Commodity Exchange Act enacted by WSTAA. (Sec. 3) Amends the Securities Exchange Act of 1934 regarding extra-territorial securities-based swap transactions between: (1) a registered securities-based swap dealer who is either a U.S. person or a person whose parent company is a U.S. person; and (2) a person who is a U.S. or non-U.S. subsidiary, branch, or affiliate of such securities-based swap dealer. Exempts security-based swaps from regulation under WSTAA as long as the securities-based swap dealer: (1) is either a U.S. person or a person whose parent company is a U.S. person, and (2) reports such security-based swap to a securities-based swap data repository registered with a security-based swap data repository registered with the Securities and Exchange Commission (SEC). Subjects to WSTAA requirements any non-U.S. person that is a registered security-based swaps dealer but only for security-based swaps entered into with a U.S. person who is not a U.S. subsidiary, branch, or affiliate of that non-U.S. person. Requires the SEC to permit non-U.S. persons that are registered security-based swaps dealers to comply with WSTAA capital requirements by complying with comparable requirements established by the appropriate governmental authorities in their respective home countries, so long as those home countries are signatories to the Basel Accords. Prohibits registered security-based swap dealers from conducting any activities designed to evade any provision of the Securities Exchange Act of 1934 enacted by WSTAA. Declares that nothing in this section shall: (1) exempt a transaction from specified restrictions on member bank transactions with affiliates under the Federal Reserve Act or implementing regulations; or (2) affect the authorities of the prudential regulators over certain kinds of swap dealers, major swap participants, security-based swap dealers, or major security-based swap participants under the Commodity Excgange Act as such authorites are established in law other than under WSTAA

To amend the Commodity Exchange Act and the Securities Exchange Act of 1934 to provide an exemption for certain swaps and security-based swaps involving Non-U.S. persons, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Ag Science Center Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the State of California (referred to in this Act as the ``State'') is a preeminent producer of more than 350 different agricultural commodities, including-- (A) more than 90 percent of all of the tomatoes and grapes produced in the United States; (B) all of the commercial almonds, dates, figs, olives, cling peaches, prunes, and raisins produced in the United States; and (C) 1 out of every 5 glasses of milk consumed in the United States; (2) California is the leading State in terms of agricultural exports, annually shipping more than $7,000,000,000 worth of agricultural commodities around the world; (3) the direct and indirect economic impact of the total investment by the 78,500 farms in the State is staggering; (4) if the State is going to keep the agricultural industry of the State strong and vibrant, the State must focus on the needs of agricultural producers who are valuable contributors to the economic, social, and cultural life of the State and the United States. (5) since 1945, agricultural land has been rapidly disappearing across the State, with soil erosion, urbanization, the growth of deserts, and salinization all contributing to the loss of productive farmland in the State; (6) if the trends described in paragraph (5) continue, the State will be unable-- (A) to supply food for the population of the State, let alone the United States; or (B) to export food to the rest of the world; (7) as people in the United States grow more and more detached from the great agrarian history of the United States, fewer people in the United States understand the fundamental importance of agriculture to the society of the United States; (8) educating young people in the United States about agriculture and the importance of agriculture to the United States is an investment that would pay off in future benefits; (9) greater public understanding and appreciation of the importance of agriculture to the State, the United States, and the world is needed to secure a positive future in which the United States can rely on healthy food that is produced domestically; (10) citizens of all ages, especially youth, must play a meaningful, hands-on role in determining the future of agriculture in the State; (11) as planners, conservationists, and other interested persons throughout the State organize to help protect agricultural resources, the proposed National Ag Science Center (referred to in this Act as the ``Center'') in Stanislaus County, California, is preparing-- (A) to educate and alert future generations about the need to preserve agricultural land; and (B) to foster an understanding of the importance of agriculture; (12) the mission of the National Ag Science Center would be to-- (A) provide exciting and fun agricultural learning opportunities and resources in order for young people to learn how a vibrant agricultural economy is necessary for a vibrant society; and (B) ensure a bright future for all aspects of the agriculture industry; (13) the Center would prepare young people in the United States for career and leadership opportunities in agriculture; (14) according to findings of the Center for Public Policy Studies at California State University, Stanislaus, the Center would-- (A) create or support up to 359 new local jobs; (B) create or support up to $57,500,000 in economic activity and $15,200,000 in labor income through construction of the new facility; (C) generate as much as $8,500,000 in total annual economic activity; and (D) result in as much as $3,400,000 in total annual labor income; (15) on September 14, 2005, the Yosemite Community College District Board, in Stanislaus County, California, voted unanimously to approve the dedication of a 3.5-acre site on the West Campus of Modesto Community College for the Center; and (16) establishment of the Center is in the national interest, because the proposed Center would enable future generations to help ensure a healthy and profitable place for agriculture in the economy of the State and the United States. SEC. 3. ASSISTANCE FOR ESTABLISHMENT OF NATIONAL AG SCIENCE CENTER, STANISLAUS COUNTY, CALIFORNIA. (a) Assistance Authorized.--Using amounts made available under subsection (c), the Secretary of the Interior and the Secretary of Agriculture shall provide to the entity known as ``Ag Science Center, Inc.,'' in Stanislaus County, California, grants to pay not more than a total of 33 percent of the total costs of establishing the National Ag Science Center, including any costs relating to the design, planning, construction, furnishing, equipping, and expansion of the Center. (b) Grant Proposal.-- (1) In general.--To receive a grant under subsection (a), Ag Science Center, Inc., shall submit to the Secretary of the Interior, the Secretary of Agriculture, or the Secretary of the Interior and the Secretary of Agriculture, a proposal for the use of the grant funds. (2) Inclusions.--A grant proposal submitted under paragraph (1) shall include detailed plans for the design, construction, furnishing, equipping, and expansion of the Center. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture to make grants under subsection (a) $10,000,000, to remain available until expended.

National Ag Science Center Act of 2006 - Directs the Secretary of the Interior and the Secretary of Agriculture to provide to the entity known as "Ag Science Center, Inc.," in Stanislaus County, California, grants to pay not more than a total of 33% of the total costs of establishing the National Ag Science Center.

A bill to authorize the Secretary of the Interior and the Secretary of Agriculture to make grants to facilitate the establishment of the National Ag Science Center in Stanislaus County, California.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institution Community Development Investments Enhancement Act''. SEC. 2. TECHNICAL CORRECTIONS. (a) National Banks.--The first sentence of the paragraph designated as the ``Eleventh'' of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) (as amended by section 305(a) of the Financial Services Regulatory Relief Act of 2006) is amended by striking ``promotes the public welfare by benefitting primarily'' and inserting ``is designed primarily to promote the public welfare, including the welfare of''. (b) State Member Banks.--The first sentence of the 23rd paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 338a) is amended by striking ``promotes the public welfare by benefiting primarily'' and inserting ``is designed primarily to promote the public welfare, including the welfare of''. SEC. 3. INVESTMENTS BY FEDERAL SAVINGS ASSOCIATIONS AUTHORIZED TO PROMOTE THE PUBLIC WELFARE. Section 5(c) of the Home Owners' Loan Act (12 U.S.C. 1464) is amended-- (1) in paragraph (3)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C), as subparagraphs (A) and (B), respectively; and (2) in paragraph (4), by adding at the end the following new subparagraph: ``(G) Direct investments to promote the public welfare.-- ``(i) In general.--A Federal savings association may make investments, directly or indirectly, each of which is 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 that 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 capital stock of the savings association actually paid in and unimpaired and 5 percent of the unimpaired surplus of the savings association, 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 would 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 capital stock of the savings association actually paid in and unimpaired and 15 percent of the unimpaired surplus of the savings association. ``(vii) Investments not subject to other limitation on quality of investments.--No obligation that 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.''.

Depository Institution Community Development Investments Enhancement Act - Amends the Home Owners' Loan Act to revise requirements for community development investments by federal savings associations. Authorizes a federal savings association to make investments, directly or indirectly, each of which is 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.

A bill to increase community development investments by depository institutions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Future of Healthcare--Granting Access to Innovation in America Act (GAIA Act)''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Medical errors, such as the miscalculation of prescribed dosage amounts and the illegible handwriting of physicians, cause many unnecessary deaths in the United States each year. (2) There are 98,000 preventable deaths that occur each year from medication errors in the United States. (3) According to a 2004 Health Grades report on patient safety in American hospitals, medication errors are the 6th leading cause of death among patients in hospitals in the United States. SEC. 3. IMPLEMENTATION OF COMPUTERIZED PROVIDER ORDER ENTRY TECHNOLOGY. (a) In General.--The Secretary of Health and Human Services, in consultation with the Administrator of the Centers for Medicare & Medicaid Services and with the National Health Information Technology Coordinator, may make grants to hospitals and skilled nursing facilities to carry out demonstration projects for the purpose of reducing the rate of medication errors and improving the quality of care in the hospitals and skilled nursing facilities by installing or upgrading computerized technology that assists in preventing such errors and that increases the quality of care through capabilities such as the following: (1) Providing information on drug-allergy contraindications and interactions between drugs. (2) Ensuring that all drug orders are legible. (3) Providing physicians and other clinicians with a menu of medications, complete with default doses and a range of potential doses for each medication. (b) Requirements Regarding Decision-Support Software.-- (1) In general.--With respect to the computer technology described in subsection (a) (referred to in this section as ``CPOE technology''), a grant may be made under such subsection only if the applicant involved agrees-- (A) for grants made pursuant to subsection (l)(2)(A) to ensure that when the CPOE technology involved becomes operational, the software described in paragraph (2) has been installed for use with the CPOE technology; or (B) for a grant made pursuant to subsection (l)(2)(B) that is an initial grant referred to in such subsection, to ensure that such software is installed for use with the CPOE technology not later than one year after the receipt of the initial grant under subsection (a). (2) Description of software.--For purposes of paragraph (1), the software described in this paragraph is computer software that assists physicians and clinicians who order prescription drugs and tests in making medication-related decisions through functions such as the following: (A) Providing computerized advice regarding drug doses, selection, duration, and frequencies. (B) Performing drug-allergy checks, drug- laboratory-value checks, and checks on interactions between drugs. (C) Providing reminders with respect to corollary orders or drug guidelines. (D) Incorporating patient-specific or pathogen- specific information. (c) Requirements Regarding Electronic Medication Administration Record.-- (1) In general.--A grant may be made under subsection (a) only if the applicant involved agrees-- (A) for grants made pursuant to subsection (l)(2)(A) to ensure that when the CPOE technology involved becomes operational, the software described in paragraph (2) has been installed for use with the CPOE technology; or (B) for a grant made pursuant to subsection (l)(2)(B) that is an initial grant referred to in such subsection, to ensure that such software is installed for use with the CPOE technology not later than one year after the receipt of the initial grant under subsection (a). (2) Description of software.--For purposes of paragraph (1), the software described in this paragraph is software providing for an electronic record known as an electronic medication administration record (also known as EMAR) and is a fully closed-loop medication process that, for the patient involved, electronically documents the specific drug, dosages, routes and times for the administration of medication, and acts as a scheduler by linking to a pharmacy information system through a bar-code point-of-care system. (d) Certain Uses of Grant.--The purposes for which a grant under subsection (a) may be expended include the following: (1) Purchasing and installing CPOE technology. (2) Purchasing and installing decision-support software and EMAR for purposes of subsections (b) and (c). (3) Updating CPOE technology, decision-support software, and EMAR. (4) Training and updating the usage associated with CPOE technology, decision support software, and EMAR with the goal of attaining a 100 percent rate of compliance among physicians and other clinicians who order prescription drugs and tests. (e) Facilities With Previously Installed CPOE Technology.--A grant under subsection (a) may be made to a hospital or a skilled nursing facility that installed CPOE technology prior to receiving an initial grant under such subsection. Such a hospital or facility may expend the grant for the purposes described in paragraphs (2) through (4) of subsection (d). (f) Matching Requirement.-- (1) In general.--A grant may be made under subsection (a) only if the applicant involved agrees that, with respect to the costs to be incurred by the applicant in carrying out the purpose described in such subsection, the applicant will make available non-Federal contributions (in cash or in kind) toward such costs in an amount determined by the Secretary. Such contributions may be made directly or through donations from public or private entities. (2) Determination of amount of non-federal contribution.-- Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non- Federal contributions. (g) Reports by Hospitals and Skilled Nursing Facilities.--A grant may be made under subsection (a) only if the applicant involved agrees that, for each fiscal year for which the grant is made, the applicant will submit to the Secretary, acting through the National Health Information Technology Coordinator, a report that provides details on the following: (1) Quantitative reductions in medication errors. (2) The level of compliance by physicians, clinicians, and other staff with respect to the usage of CPOE technology. (3) The difference between administrative and clinical workflows before the implementation of CPOE technology and after the usage of such technology. (4) Alterations and improvements with respect to workflow in the case of facilities that have CPOE technology. (5) An analysis on the improvement of the quality of care and patient satisfaction within the hospital or skilled nursing facility involved. (6) The overall economic savings associated with the usage of CPOE technology. (h) Application.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. The Secretary shall provide technical assistance to hospitals and skilled nursing facilities in the application process. (i) Limitation of Grant.--A grant under subsection (a) may not be made in an amount exceeding $500,000. (j) Report to Congress.--Not later than five years after the initial distribution of grants under subsection (a), the Secretary shall submit to the Congress a report on the progress of the program under such subsection. (k) Definitions.--For purposes of this Act: (1) The term ``barcode point-of-care'' means a system that uses bar codes in association with a computer server that interfaces with the admission, discharge, transfer, and pharmacy systems, and with EMAR software, in order to ensure that a patient receives the medications intended for the patient, including the intended dosages. (2) The term ``CPOE technology'' has the meaning indicated for such term in subsection (b)(1). (3) The term ``decision-support software'' means the computer software described in subsection (b)(2). (4) The terms ``electronic medication administration record'' and ``EMAR'' have the meaning indicated for such terms in subsection (c)(2). (5) The term ``rural hospital'' means a hospital located in a rural area, as defined in section 1886(d)(2)(D) of the Social Security Act. (6) The term ``rural skilled nursing facility'' means a skilled nursing facility located in a rural area, as defined in section 413.333 of title 42, Code of Federal Regulations. (7) The term ``Secretary'' means the Secretary of Health and Human Services. (8) The term ``skilled nursing facility'' has the meaning indicated for such term in section 1819(a) of the Social Security Act. (l) Funding.-- (1) Authorization of appropriation.--For the purpose of carrying out this section, there is authorized to be appropriated $25,000,000 for each of the fiscal years 2006 through 2010. (2) Reservation of amounts.--Of the amounts appropriated under paragraph (1), the Secretary shall reserve amounts in accordance with the following: (A) Fifty percent for grants under section (a) for the initial purchase and installation of CPOE technology and decision-support software. Amounts reserved under this subparagraph are not available for hospitals and skilled nursing facilities referred to in subsection (e) and are not available for the purposes described in paragraphs (3) and (4) of subsection (d). (B) Fifty percent for grants under such subsection for upgrading such technology and software and for other purposes authorized in paragraphs (2) through (4) of subsection (d), including initial and subsequent grants under subsection (a) to hospitals and skilled nursing facilities referred to in subsection (e). (C) Twenty percent for grants under such subsection to rural hospitals and rural skilled nursing facilities in the aggregate, which percentage includes amounts reserved under subparagraphs (A) and (B) that are used for grants under subsection (a) to rural hospitals and rural skilled nursing facilities.

The Future of Healthcare-- Granting Access to Innovation in America Act (GAIA Act) - Authorizes the Secretary of Health and Human Services to make grants to hospitals and skilled nursing facilities to carry out demonstration projects aimed at reducing the rate of medication errors and improving the quality of care by installing or upgrading computerized technology that: (1) provides information on drug-allergy contraindications and drug interactions; (2) ensures that all drug orders are legible; and (3) provides physicians and other clinicians with a menu of medications, complete with default doses and a range of potential doses for each medication. Requires grant applicants to agree to provide for technology including software that assists clinicians who order prescription drugs and tests in making medication-related decisions and that provides for an electronic medication administration record. Authorizes grant expenditures to purchase, install, and update such technology. Sets forth matching requirements. Requires each applicant to agree to submit to the Secretary, acting through the National Health Information Technology Coordinator, a report detailing: (1) quantitative reductions in medication errors; (2) the level of staff compliance; (3) the difference between administrative and clinical workflows before and after implementation of the technology; (4) alterations and improvements regarding the workflow in facilities that have the technology; (5) an analysis of the improvement of the quality of care and patient satisfaction within the hospital or skilled nursing facility involved; and (6) the overall economic savings associated with usage of the technology.

To improve the quality of health care through the implementation of computerized provider order entry systems in hospitals and skilled nursing facilities that will result in a reduction in the rate of medication errors and in redundancies and will create more efficiency.

SECTION 1. SHORT TITLE. This Act may be cited as ``Darlene's Law''. SEC. 2. NATIONAL ORGAN DONOR REGISTRY. (a) Establishment.--Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 373 the following: ``national organ donor registry ``Sec. 373A. (a) Establishment.--The Secretary shall establish and maintain a registry to be known as the National Organ Donor Registry (in this section referred to as the `registry'). ``(b) Contents.--The registry shall consist of each name and taxpayer identification number transferred to the Secretary under section 6097(e) of the Internal Revenue Code of 1986. ``(c) Effect.--Notwithstanding any Federal or State law or any contrary expression of intent, and subject to subsection (d), the election of an individual to be listed in the registry-- ``(1) establishes the intent of the individual to make a postmortem donation of the individual's organs; ``(2) does not require the consent or concurrence of any person before or after the individual's death; and ``(3) may not be overridden by any other person. ``(d) Exceptions.--The election of an individual to be listed on the registry shall have no effect if-- ``(1) the individual revokes the election in accordance with subsection (e); or ``(2) the election occurs on behalf of an individual who is a dependent and becomes ineffective by operation of section 6097(d)(1) of the Internal Revenue Code of 1986. ``(e) Revocation.-- ``(1) In general.--The Secretary shall remove from the registry the name and taxpayer identification number of any individual, if so requested by the individual in the form and manner prescribed by the Secretary. ``(2) Sole manner.--The only manner in which an individual may revoke an election to be listed in the registry is by making a request in accordance with this subsection. ``(f) Disclosure.-- ``(1) In general.--The Secretary-- ``(A) may disclose to appropriate medical personnel (including by electronic means) whether an individual is listed in the registry, if so requested by such personnel; and ``(B) shall disclose to an individual whether such individual is listed in the registry, if so requested by the individual. ``(2) Requests.--Any request for a disclosure under this subsection shall be submitted in such form and manner and containing such information as the Secretary may require. ``(3) Rule of construction.--This subsection may not be construed as authorizing the Secretary to disclose any information about an individual other than whether the individual is listed in the registry. ``(g) Presumption of Intent.--The listing of an individual in the registry shall give rise to a presumption that the individual has elected to be so listed. ``(h) State activities.--Nothing in this section shall preclude or deny the right of any State or other entity to collect or maintain evidence to be used, if an individual is not listed in the registry, to determine the individual's intent regarding postmortem organ donation. ``(i) Information Integrity.--The Secretary shall implement safeguards-- ``(1) to ensure the accuracy of the information in the registry; and ``(2) to restrict access to such information to authorized persons, and use of such information to authorized purposes. ``(j) Redisclosure.--The Secretary may not disclose any information under subsection (f)(1)(A) unless the medical personnel to whom the information is disclosed agrees to use or disclose such information only in accordance with criteria established by the Secretary. In establishing such criteria, the Secretary shall consider privacy interests and medical needs.''. SEC. 3. CHECKOFF ON TAX RETURNS FOR NATIONAL ORGAN DONOR REGISTRY. (a) Opt-in Checkoff on Tax Returns.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--CHECKOFF FOR NATIONAL ORGAN DONOR REGISTRY ``Sec. 6097. Checkoff for national organ donor registry. ``SEC. 6097. CHECKOFF FOR NATIONAL ORGAN DONOR REGISTRY. ``(a) In General.--Except as provided in subsection (b), in the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may elect that the taxpayer, the spouse of the taxpayer, and each dependent of the taxpayer be listed on the National Organ Donor Registry. ``(b) Dependents.--In the case of a dependent who is not a qualified dependent, the Secretary shall provide an opportunity for such dependent or such dependent's parent or guardian to elect to have the dependent listed on the National Organ Donor Registry. ``(c) Definitions.--For purposes of this section: ``(1) The term `National Organ Donor Registry' means the registry established by the Secretary of Health and Human Services under section 373A of the Public Health Service Act. ``(2) The term `qualified dependent' means a dependent who, as determined under applicable State law, is subject to the control, authority, and supervision of the taxpayer because such dependent has not attained age 18 or is incompetent. ``(d) Special Rules.--For purposes of this section-- ``(1) Dependent's election.--If an individual is not incompetent and has not attained age 18 at the time of an election on behalf of the individual, such election shall not be effective for any calendar year beginning after the year in which such individual attains age 18. ``(2) Manner and time of designation.--An election under subsection (a) may be made only at the time of filing a return of the tax imposed by chapter 1 for a taxable year. Such election shall be made in such manner as the Secretary prescribes by regulations except that such election shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(3) Notice.--The Secretary, after consultation with the Secretary of Health and Human Services, shall provide notice to the taxpayer described in subsection (a) or the dependent described in subsection (b) of the effect of making the election under this section. In the case of the taxpayer, such notice may be provided in the instructions for preparing such return. ``(e) Transfer of Information to National Organ Donor Registry.-- The Secretary shall transfer to the Secretary of Health and Human Services for inclusion in the National Organ Donor Registry the name and taxpayer identification number of each individual for whom an election is made under subsection (a) or (b).''. (b) Disclosure of Information to National Organ Donor Registry.-- Subsection (i) of section 6103 of such Code (relating to disclosure to Federal officers or employees for administration of Federal laws not relating to tax administration) is amended by adding at the end the following new paragraph: ``(8) Disclosure of name and tin for purposes of national organ donor registry.--Return information described in section 6097(e) shall be disclosed to the National Organ Donor Registry (as defined in section 6097(c)(1)) for inclusion on, and disclosure by, such registry.''. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Checkoff for national organ donor registry.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 4. GRANTS TO ORGAN PROCUREMENT ORGANIZATIONS. Part H of title III of the Public Health Service Act (42 U.S.C 273 et seq.) is amended by inserting after section 377 the following: ``SEC. 377A. GRANTS REGARDING HOSPITAL ORGAN DONATION COORDINATORS. ``(a) Authority.--The Secretary may award grants to qualified organ procurement organizations described in section 371 to establish programs coordinating organ donation activities of such organizations and eligible hospitals, for the purpose of increasing the rate of organ donations for such hospitals. ``(b) Eligible Hospital.--For purposes of this section, an eligible hospital is a hospital that performs significant trauma care, or a hospital or consortium of hospitals that serves a population base of at least 200,000 individuals. ``(c) Preference.--In awarding grants under subsection (a), the Secretary shall give preference to an applicant if the Secretary determines that the probable result of awarding a grant to the applicant will be a significant increase in the rate of organ donation for the eligible hospital involved. ``(d) Administration of Coordination Program.--The Secretary may not make a grant under subsection (a) to a qualified organ procurement organization unless the organization agrees that the program to be funded under the grant will be carried out jointly-- ``(1) by representatives of the organization and the eligible hospital involved; and ``(2) by such other entities as the representatives referred to in paragraph (1) may designate. ``(e) Evaluations.--Not later than 2 years after the first award of a grant under subsection (a), the Secretary shall ensure an evaluation of programs carried out pursuant to this section to determine the extent to which the programs have increased the rate of organ donation for the eligible hospitals involved. Such evaluation shall include recommendations on whether the programs should be expanded to include other grantees, such as hospitals.''. SEC. 5. INTER-AGENCY TASK FORCE ON ORGAN DONATION AND RESEARCH. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is further amended by adding after section 377A (as added by section 4) the following: ``SEC. 377B. INTER-AGENCY TASK FORCE ON ORGAN DONATION AND RESEARCH. ``(a) In General.--The Secretary shall establish an inter-agency task force on organ donation and research (referred to in this section as the `task force') to improve the coordination and evaluation of-- ``(1) federally supported or conducted organ donation efforts and policies; and ``(2) federally supported or conducted basic, clinical, and health services research (including research on preservation techniques and organ rejection and compatibility). ``(b) Composition.--The task force shall be composed of the following: ``(1) The Surgeon General, who shall serve as the chairperson. ``(2) Members appointed by the Secretary to represent-- ``(A) relevant agencies within the Department of Health and Human Services (including the Health Resources and Services Administration, the Centers for Medicare & Medicaid Services, the National Institutes of Health, and the Agency for Healthcare Research and Quality); or ``(B) such other Federal agencies and departments as determined appropriate by the Secretary. ``(c) Reports.--The task force shall assist the Secretary to prepare the reports required under section 9 of Darlene's Law. ``(d) Termination.--The task force shall terminate at the end of fiscal year 2007. Upon such termination, the Secretary shall provide for the on-going coordination of federally supported or conducted organ donation and research activities.''. SEC. 6. DEMONSTRATION PROJECTS, EDUCATION, AND PUBLIC AWARENESS. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is further amended by adding after section 377B (as added by section 5) the following: ``SEC. 377C. DEMONSTRATION PROJECTS, EDUCATION, AND PUBLIC AWARENESS. ``(a) Grants To Increase Donation Rates.--The Secretary shall award peer-reviewed grants to public and non-profit private entities, including States, to carry out studies and demonstration projects to increase organ donation and recovery rates. Such projects may include projects to remove financial disincentives to organ donation and research on issues relating to presumed consent. ``(b) Organ Donation Public Awareness Program.-- ``(1) Establishment.--The Secretary shall establish a public education program in cooperation with existing national public awareness campaigns to increase awareness about organ donation and the need to provide for an adequate rate of such donations. ``(2) Mobile units.--The program established under this subsection may include the creation of one or more mobile units to travel around the Nation promoting organ donation. ``(c) Development of Curricula and Other Education Activities.-- ``(1) In general.--The Secretary, in coordination with the Organ Procurement and Transplantation Network and other appropriate organizations, shall support the development and dissemination of model curricula to train health care professionals and other appropriate professionals (including religious leaders in the community, funeral directors, and law enforcement officials) in issues relevant to organ donation, including cultural sensitivities and methods to approach patients and their families. ``(2) Health care professionals.--For purposes of paragraph (1), the term `health care professionals' includes-- ``(A) medical students, residents, and fellows, attending physicians, nurses, social workers, and other allied health professionals; and ``(B) hospital- or other health care facility-based chaplains; and ``(C) emergency medical personnel.''. SEC. 7. STUDIES RELATING TO ORGAN AND TISSUE DONATION AND THE RECOVERY, PRESERVATION, AND TRANSPORTATION OF ORGANS AND TISSUES. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is further amended by adding after section 377C (as added by section 6) the following: ``SEC. 377D. STUDIES RELATING TO ORGAN AND TISSUE DONATION AND THE RECOVERY, PRESERVATION, AND TRANSPORTATION OF ORGANS AND TISSUES. ``(a) Development of Supportive Information.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and the Director of the Agency for Healthcare Research and Quality, shall develop scientific evidence in support of efforts to increase organ and tissue donation and improve the recovery, preservation, and transportation of organs and tissues. ``(b) Activities.--In carrying out subsection (a), the Secretary shall-- ``(1) conduct or support evaluation research to determine whether interventions, technologies, or other activities improve the effectiveness, efficiency, or quality of existing organ and tissue donation practice; ``(2) undertake or support periodic reviews of the scientific literature to assist efforts of professional societies to ensure that the clinical practice guidelines that they develop reflect the latest scientific findings; ``(3) ensure that scientific evidence of the research and other activities undertaken under this section is readily accessible by the organ procurement workforce; and ``(4) work in coordination with the appropriate professional societies as well as the Organ Procurement and Transplantation Network and other organ procurement and transplantation organizations to develop evidence and promote the adoption of such proven practices. ``(c) Research, Demonstrations, and Training.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and the Director of the Agency for Healthcare Research and Quality, as appropriate, shall provide support for research, demonstrations, and training, as appropriate-- ``(1) to develop a uniform clinical vocabulary for organ recovery; ``(2) to apply information technology and telecommunications to support the clinical operations of organ procurement organizations; ``(3) to enhance the skill levels of the organ procurement workforce in undertaking quality improvement activities; and ``(4) to assess specific organ recovery, preservation, and transportation technologies.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 378 of the Public Health Service Act (42 U.S.C. 274g) is amended-- (1) by striking ``For the purpose'' and inserting ``(a) In General.--For the purpose''; and (2) by adding at the end the following: ``(b) Grants to Organ Procurement Organizations.--For the purpose of carrying out section 377A, there are authorized to be appropriated (in addition to amounts authorized to be appropriated under subsection (a)) $3,000,000 for fiscal year 2003, and such sums as may be necessary for each of fiscal years 2004 through 2007. ``(c) Other Programs.--For the purpose of carrying out sections 377B, 377C, and 377D, there are authorized to be appropriated (in addition to amounts authorized to be appropriated under subsection (a)) $10,000,000 for fiscal year 2003, and such sums as may be necessary for each of fiscal years 2004 through 2007.''. SEC. 9. REPORTS. (a) In General.--The Secretary of Health and Human Services shall submit to the Congress-- (1) not later than the end of 2004, an interim report; and (2) not later than the end of 2007, a final report. (b) Contents.--The reports required by this section shall each contain a detailed statement on the progress and efficacy of the activities carried out under the amendments made by this Act.

Darlene's Law - Amends the Public Health Services Act to direct the Secretary of Health and Human Services to establish and maintain the National Organ Donor Registry.Provides for an opt-in organ donation checkoff on income tax forms. Sets forth notice and disclosure requirements.Requires the Secretary of the Treasury to transfer the name and taxpayer identification number of individuals opting for organ donation to the Registry, exempting such disclosure from otherwise applicable prohibitions on the non-tax use of tax form information.Authorizes the Secretary to award grants to qualified organ procurement organizations to establish programs coordinating organ donation activities with hospitals to increase the rate of organ donation for such hospitals.Directs the Secretary to establish an interagency task force on organ donation and research.Requires the Secretary to: (1) award peer-reviewed grants for studies and demonstration projects to increase organ donation and recovery rates, including removing financial disincentives; (2) establish an organ donation public awareness program; (3) support model curricula in relevant issues; (4) develop scientific evidence to support increased donation and improve recovery, transportation, and preservation of organs and tissues; and (5) support research to develop a uniform vocabulary, apply information technology, and enhance the skills and technologies used in organ procurement.

To provide for the establishment of a National Organ Donor Registry, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Royalty Fairness Act of 2015''. SEC. 2. VALUATION OF COAL ROYALTIES. Section 7 of the Mineral Leasing Act (30 U.S.C. 207) is amended-- (1) in subsection (a), by striking the fourth sentence; and (2) by adding at the end the following: ``(d) Royalties.-- ``(1) Definitions.--In this subsection: ``(A) Assessment value.-- ``(i) In general.--The term `assessment value', with respect to Federal coal, means-- ``(I) the price of Federal coal paid by the purchaser at final sale; or ``(II) a price imputed by the Secretary based on the coal price index. ``(ii) Exclusions.--The term `assessment value' does not include, as determined and to the extent determined to be appropriate by the Secretary-- ``(I) transportation costs, as determined in accordance with the transportation cost index; or ``(II) the cost of coal washing. ``(B) Broker.--The term `broker' means a person that resells Federal coal. ``(C) Coal price index.--The term `coal price index' means the schedule of average market prices of Federal coal (in United States dollars) paid by the purchaser at final sale, based on the quality and type of the Federal coal, as determined by the Secretary, in consultation with the Administrator of the Energy Information Administration. ``(D) Purchaser.-- ``(i) In general.--The term `purchaser' means a person that-- ``(I) purchases or contracts to purchase Federal coal-- ``(aa) directly from a coal mine operator; or ``(bb) indirectly from a broker; and ``(II) uses that Federal coal in any industrial or energy conversion process. ``(ii) Exclusion.--The term `purchaser' does not include-- ``(I) a coal broker; or ``(II) any other third-party intermediary. ``(E) Quality.--The term `quality', with respect to Federal coal, means the quality of Federal coal measured in British thermal units, sulfur, moisture, and other criteria determined to be appropriate by the Secretary. ``(F) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(G) Transportation cost index.--The term `transportation cost index' means the transportation cost index established under paragraph (7). ``(H) Type.--The term `type', with respect to Federal coal, means a general category of coal, such as metallurgical coal or steam coal, as determined by the Secretary. ``(2) Payment rate.-- ``(A) In general.--Except as provided in subparagraph (B), a lease shall require payment of a royalty in such amount as the Secretary shall determine of not less than 12.5 percent of the assessment value of Federal coal, as determined under paragraph (3). ``(B) Exception.--In lieu of the royalty payment rate described in subparagraph (A), the Secretary may establish such lower royalty payment rate as the Secretary determines to be appropriate in the case of Federal coal recovered by an underground mining operation. ``(3) Valuation for royalties.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish, as the valuation for Federal coal royalties, the assessment value of Federal coal. ``(4) Administration.-- ``(A) Reporting.--The purchaser of Federal coal shall annually submit to the Secretary a report containing such information as the Secretary determines to be necessary to carry out this subsection. ``(B) Audits.--To carry out this subsection, the Secretary may examine the records of any person engaged in the purchase, sale, transportation, or marketing of Federal coal. ``(5) Coal price index.-- ``(A) In general.--The Secretary shall compile the assessment values of coal by type and quality of coal in a coal price index. ``(B) Publication.--Not less frequently than quarterly, the Secretary shall publish the coal price index, along with a methodological description, including-- ``(i) the method of calculation; ``(ii) the data used to calculate the coal price index in an aggregate manner that does not reveal proprietary information; and ``(iii) any other information the Secretary considers appropriate to ensure transparency. ``(C) Other information.--If a person believes that the coal price index significantly deviates from the assessment value of the coal produced by the person, the person may petition the Secretary to use information supplied by the person in lieu of the coal price index, including all information the Secretary requires to accurately determine the assessment value and audit the records of the person. ``(6) Exports.-- ``(A) In general.--In assessing royalties for the export of Federal coal under this subsection, the Secretary may obtain from the exporter of the Federal coal such information as the Secretary determines to be necessary to carry out this subsection. ``(B) Assessment value of exported coal.--Subject to subparagraph (C), in determining the assessment value of Federal coal that is exported, the Secretary shall-- ``(i) use the price of coal free on board the marine vessel used to transport the coal overseas at the port of origin; and ``(ii) limit any deductions that apply to the assessment value of the Federal coal to costs incurred prior to being free onboard the vessel. ``(C) Uncertain export price.--If the Secretary cannot determine the value of exported coal in accordance with subparagraph (B), the Secretary shall-- ``(i) assess royalties under this subsection based on the coal price index for coal of a similar quantity and type; and ``(ii) limit any deductions that apply to the assessment value of the Federal coal to costs incurred within the contiguous United States. ``(7) Transportation cost index.-- ``(A) In general.--Subject to the other provisions of this paragraph, the Secretary, in consultation with the Secretary of Energy and the Secretary of Transportation (in consultation with the Surface Transportation Board and others), shall-- ``(i) compile in a transportation cost index the average costs of transporting coal; and ``(ii) determine the amount of any transportation cost deduction under this subsection, on the basis of the transportation cost index. ``(B) Unit of measurement.--The transportation cost index shall be based on the average transportation costs per ton of coal or another unit of measurement determined by the Secretary. ``(C) Differences in transportation costs.--The transportation cost index shall take into consideration differences in the costs of transportation, as determined by the Secretary, based on-- ``(i) the mode of transportation; ``(ii) the geographic region, and ``(iii) other characteristics of the transportation industry that the Secretary considers to be necessary to calculate a fair, transparent, and accurate transportation cost index. ``(D) Exclusions.--The transportation cost index shall not include costs associated with, as determined by the Secretary-- ``(i) take-or-pay contract penalties; ``(ii) liquidated damages; ``(iii) the speculative aspects of transportation transactions; or ``(iv) any other costs that are not directly associated with moving Federal coal from 1 location to another location. ``(E) Publication.--Not less than twice annually, the Secretary shall publish the transportation cost index, along with a methodological description, including-- ``(i) the method of calculation; ``(ii) the data used to calculate the transportation cost index, in an aggregate manner that does not reveal proprietary information; and ``(iii) any other information the Secretary considers to be appropriate to ensure transparency. ``(F) Other information.--If a person believes that the transportation cost index significantly deviates from the transportation costs of the person, the person may petition the Secretary to use information supplied by the person (other than costs descried in subparagraph (D)) in lieu of the transportation cost index, including all information the Secretary requires to accurately determine cost and audit the records of the person. ``(8) Reviews.-- ``(A) In general.--To ensure a transparent, fair, and efficient administration of the Federal coal program, and to ensure that citizens of the United States receive a fair return on Federal coal, not later than 3 years after the date of enactment of this subsection and every 3 years thereafter during the 15- year period beginning on that date of enactment, the Comptroller General of the United States shall submit to Congress a report that describes a review of the Federal coal program, including the administration of this subsection. ``(B) Consultation.--In conducting a review under this paragraph, the Comptroller General shall consult with-- ``(i) the Secretary; ``(ii) the Director of the Bureau of Land Management; ``(iii) the Secretary of Transportation; and ``(iv) the Secretary of Energy. ``(C) Inclusions.--A review under this paragraph shall include a review of-- ``(i) the total volume of coal production from Federal land; ``(ii) the total volume of remaining coal reserves on Federal land; ``(iii) the total revenues generated from the Federal coal program, itemized by type of revenue, including lease bonus payments and royalties; ``(iv) market prices for coal; ``(v) market prices for transportation costs and any other deductible costs; and ``(vi) the appropriateness of royalty rates. ``(D) Format.--The Comptroller General shall report information in a review under this paragraph-- ``(i) in the aggregate for the United States; and ``(ii) categorized by State for at least the top 10 Federal coal-producing States, as determined by the Comptroller General. ``(9) Application.--This subsection-- ``(A) applies to coal mined from Federal land; and ``(B) does not apply to coal mined from tribal land.''.

Coal Royalty Fairness Act of 2015 Amends the Mineral Leasing Act to require the coal lease royalty to be at least 12.5% of the assessment value of federal coal (currently, 12.5% of the value of coal as defined by regulation), which value shall be established by the Secretary of the Interior within one year after enactment of this Act. Defines "assessment value" as: (1) the price of federal coal paid by the purchaser at final sale, or (2) a price imputed by the Secretary based on the coal price index. Defines "coal price index" as the schedule of average market prices of federal coal paid by the purchaser at final sale, based on the quality and type of the federal coal, as determined by the Secretary. Directs the purchaser of federal coal to annually submit a report containing such information as the Secretary determines necessary to carry out this Act. Authorizes the Secretary to examine the records of any person engaged in the purchase, sale, transportation, or marketing of federal coal. Directs the Secretary to: (1) compile the assessment values of coal by type and quality of coal in the coal price index, and (2) publish such index at least quarterly. Sets forth provisions regarding: (1) determining and assessing royalties for the export of federal coal, (2) compiling in a transportation cost index the average costs of transporting coal, and (3) determining the amount of any applicable transportation cost deduction on the basis of such index. Requires the Secretary to publish such index at least twice annually. Requires the Comptroller General to report to Congress every 3 years over a 15-year period on a review of the federal coal program.

Coal Royalty Fairness Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans Health Programs Extension Act of 1994''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. TITLE I--GENERAL MEDICAL AUTHORITIES Sec. 101. Sexual trauma counseling and services. Sec. 102. Research relating to women veterans. Sec. 103. Extension of expiring authorities. Sec. 104. Facilities in Republic of the Philippines. Sec. 105. Savings provision. TITLE II--CONSTRUCTION AUTHORIZATION Sec. 201. Authorization of major medical facility projects and major medical facility leases. Sec. 202. Authorization of appropriations. SEC. 2. REFERENCES TO TITLE 38, 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 38, United States Code. TITLE I--GENERAL MEDICAL AUTHORITIES SEC. 101. SEXUAL TRAUMA COUNSELING AND SERVICES. (a) Authority To Provide Treatment Services for Sexual Trauma; Repeal of Limitation on Time To Seek Services.--Subsection (a) of section 1720D is amended-- (1) by striking out paragraph (2); and (2) by inserting after paragraph (1) the following new paragraph (2): ``(2) During the period referred to in paragraph (1), the Secretary may provide appropriate care and services to a veteran for an injury, illness, or other psychological condition that the Secretary determines to be the result of a physical assault, battery, or harassment referred to in that paragraph.''. (b) Extension of Period of Authority To Provide Sexual Trauma Services.--Such subsection is further amended-- (1) in paragraph (1), by striking out ``December 31, 1995,'' and inserting in lieu thereof ``December 31, 1998,''; and (2) in paragraph (3), by striking out ``December 31, 1994,'' and inserting in lieu thereof ``December 31, 1998,''. (c) Repeal of Limitation on Period of Receipt of Services.--Such section is further amended-- (1) by striking out subsection (b); and (2) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively. (d) Coordination of Care.--Paragraph (1) of subsection (b) of such section, as redesignated by subsection (c)(2), is amended to read as follows: ``(1) The Secretary shall give priority to the establishment and operation of the program to provide counseling and care and services under subsection (a). In the case of a veteran eligible for counseling and care and services under subsection (a), the Secretary shall ensure that the veteran is furnished counseling and care and services under this section in a way that is coordinated with the furnishing of such care and services under this chapter.''. (e) Increased Priority of Care.--Section 1712(i) is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' after ``To a veteran''; and (B) by inserting ``, or (B) who is eligible for counseling and care and services under section 1720D of this title, for the purposes of such counseling and care and services'' before the period at the end; and (2) in paragraph (2)-- (A) by striking out ``, (B)'' and inserting in lieu thereof ``or (B)''; and (B) by striking out ``, or (C)'' and all that follows through ``such counseling''. (f) Program Revision.--(1) Section 1720D is further amended-- (A) by striking out ``woman'' in subsection (a)(1); (B) by striking out ``women'' in subsection (b)(2)(C) and in the first sentence of subsection (c), as redesignated by subsection (c); and (C) by striking out ``women'' in subsection (c)(2), as so redesignated, and inserting in lieu thereof ``individuals''. (2)(A) The heading of such section is amended to read as follows: ``Sec. 1720D. Counseling and treatment for sexual trauma''. (B) The item relating to such section in the table of sections at the beginning of chapter 17 is amended to read as follows: ``1720D. Counseling and treatment for sexual trauma.''. (g) Information by Telephone.--(1) Paragraph (1) of section 1720D(c), as redesignated by subsection (c) of this section, is amended to read as follows: ``(1) shall include availability of a toll-free telephone number (commonly referred to as an 800 number); and''. (2) In providing information on counseling available to veterans as required under section 1720D(c)(1) of title 38, United States Code (as amended by paragraph (1)), the Secretary of Veterans Affairs shall ensure that the Department of Veterans Affairs personnel who provide assistance under such section are trained in the provision to persons who have experienced sexual trauma of information about the care and services relating to sexual trauma that are available to veterans in the communities in which such veterans reside, including care and services available under programs of the Department (including the care and services available under section 1720D of such title) and from non- Department agencies or organizations. (3) The telephone assistance service shall be operated in a manner that protects the confidentiality of persons who place calls to the system. (4) The Secretary shall ensure that information about the availability of the telephone assistance service is visibly posted in Department medical facilities and is advertised through public service announcements, pamphlets, and other means. (5) Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the operation of the telephone assistance service required under section 1720D(c)(1) of title 38, United States Code (as amended by paragraph (1)). The report shall set forth the following: (A) The number of persons who sought information during the period covered by the report through a toll-free telephone number regarding services available to veterans relating to sexual trauma, with a separate display of the number of such persons arrayed by State (as such term is defined in section 101(20) of title 38, United States Code). (B) A description of the training provided to the personnel who provide such assistance. (C) The recommendations and plans of the Secretary for the improvement of the service. (h) Conforming Repeal.--Section 102(b) of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4946; 38 U.S.C. 1720D note) is repealed. SEC. 102. RESEARCH RELATING TO WOMEN VETERANS. (a) Inclusion of Women and Minorities in Clinical Research Projects.--Section 7303 is amended-- (1) by transferring the text of subsection (c) to the end of subsection (a)(1); and (2) by striking out ``(c)'' and inserting in lieu thereof the following: ``(c)(1) In conducting or supporting clinical research, the Secretary shall ensure that, whenever possible and appropriate-- ``(A) women who are veterans are included as subjects in each project of such research; and ``(B) members of minority groups who are veterans are included as subjects of such research. ``(2) In the case of a project of clinical research in which women or members of minority groups will under paragraph (1) be included as subjects of the research, the Secretary shall ensure that the project is designed and carried out so as to provide for a valid analysis of whether the variables being tested in the research affect women or members of minority groups, as the case may be, differently than other persons who are subjects of the research.''. (b) Health Research.--(1) Such section is further amended by adding after subsection (c), as added by subsection (a), the following new subsection: ``(d)(1) The Secretary, in carrying out the Secretary's responsibilities under this section, shall foster and encourage the initiation and expansion of research relating to the health of veterans who are women. ``(2) In carrying out this subsection, the Secretary shall consult with the following to assist the Secretary in setting research priorities: ``(A) Officials of the Department assigned responsibility for women's health programs and sexual trauma services. ``(B) The members of the Advisory Committee on Women Veterans. ``(C) Members of appropriate task forces and working groups within the Department (including the Women Veterans Working Group and the Task Force on Treatment of Women Who Suffer Sexual Abuse).''. (2) Section 109 of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 7303 note) is repealed. (c) Population Study.--Section 110(a) of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4948) is amended by adding at the end of paragraph (3) the following: ``If it is feasible to do so within the amounts available for the conduct of the study, the Secretary shall ensure that the sample referred to in paragraph (1) constitutes a representative sampling (as determined by the Secretary) of the ages, the ethnic, social and economic backgrounds, the enlisted and officer grades, and the branches of service of all veterans who are women.''. SEC. 103. EXTENSION OF EXPIRING AUTHORITIES. (a) Authority To Provide Priority Health Care for Veterans Exposed to Toxic Substances.--Chapter 17 is amended-- (1) in section 1710(e)(3)-- (A) by striking out ``June 30, 1994'' and inserting in lieu thereof ``June 30, 1995''; and (B) by striking out ``December 31, 1994'' and inserting in lieu thereof ``December 31, 1995''; and (2) in section 1712(a)(1)(D), by striking out ``December 31, 1994'' and inserting in lieu thereof ``December 31, 1995''. (b) Drug and Alcohol Abuse and Dependence.--Section 1720A(e) is amended by striking out ``December 31, 1994'' and inserting in lieu thereof ``December 31, 1995''. (c) Pilot Program for Noninstitutional Alternatives to Nursing Home Care.--(1) Effective as of October 1, 1994, subsection (a) of section 1720C is amended by striking out ``During the four-year period beginning on October 1, 1990,'' and inserting in lieu thereof ``During the period through September 30, 1995,''. (2) Such subsection is further amended by striking out ``care and who--'' and inserting in lieu thereof ``care. The Secretary shall give priority for participation in such program to veterans Pwho--''. (d) Enhanced-Use Leases of Real Property.--Section 8169 is amended by striking out ``December 31, 1994'' and inserting in lieu thereof ``December 31, 1995''. (e) Authority for Community-based Residential Care for Homeless Chronically Mentally Ill Veterans and Other Veterans.--Section 115(d) of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712 note) is amended by striking out ``September 30, 1994'' and inserting in lieu thereof ``September 30, 1995''. (f) Demonstration Program of Compensated Work Therapy.--Section 7(a) of Public Law 102-54 (105 Stat. 269; 38 U.S.C. 1718 note) is amended by striking out ``1994'' and inserting in lieu thereof ``1995''. (g) Report Deadlines.--Section 201(b) of the Department of Veterans Affairs Nurse Pay Act of 1990 (Public Law 101-366; 38 U.S.C. 1720C note) is amended by striking out ``February 1, 1994,'' and inserting in lieu thereof ``February 1, 1995,''. SEC. 104. FACILITIES IN REPUBLIC OF THE PHILIPPINES. Notwithstanding section 1724 of title 38, United States Code, the Secretary of Veterans Affairs may contract with facilities in the Republic of the Philippines other than the Veterans Memorial Medical Center to furnish, during the period from February 28, 1994, through June 1, 1994, hospital care and medical services to veterans for nonservice-connected disabilities if such veterans are unable to defray the expenses of necessary hospital care. When the Secretary determines it to be most feasible, the Secretary may provide medical services under the preceding sentence to such veterans at the Department of Veterans Affairs Outpatient Clinic at Manila, Republic of the Philippines. SEC. 105. RATIFICATION OF ACTIONS DURING PERIOD OF LAPSED AUTHORITY. Any action of the Secretary of Veterans Affairs under section 1710(e) of title 38, United States Code, during the period beginning on July 1, 1994, and ending on the date of the enactment of this Act is hereby ratified. TITLE II--CONSTRUCTION AUTHORIZATION SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL FACILITY LEASES. (a) Projects Authorized.--The Secretary of Veterans Affairs may carry out the major medical facility projects for the Department of Veterans Affairs, and may carry out the major medical facility leases for that Department, for which funds are requested in the budget of the President for fiscal year 1995. The authorization in the preceding sentence applies to projects and leases which have not been authorized, or for which funds have not been appropriated, in any fiscal year before fiscal year 1995 and to projects and leases which have been authorized, or for which funds were appropriated, in fiscal years before fiscal year 1995. (b) Additional Projects.--(1) In addition to the projects authorized in subsection (a), the Secretary may carry out the following major medical facility projects in the amounts specified for such projects: (A) The projects that are proposed in the documents submitted to Congress by the Secretary of Veterans Affairs in conjunction with the budget of the President for fiscal year 1995 to be financed with funds from the proposed Health Care Investment Fund. (B) Construction of a nursing home facility at the Department of Veterans Affairs Medical Center in Charleston, South Carolina, in the amount of $7,300,000. (C) Construction of an outpatient care addition at the Department of Veterans Affairs medical center in Phoenix, Arizona, in the amount of $50,000,000. (D) A lease/purchase of a nursing home facility near Fort Myers, Florida, in the amount of $12,800,000. (2) The authorizations in paragraph (1) apply to projects which have not been authorized, or for which funds have not been appropriated, in any fiscal year before fiscal year 1995 and to projects which have been authorized, or for which funds were appropriated, in fiscal years before fiscal year 1995. (c) Projects for Which Funds Appropriated.--In addition to the projects authorized in subsections (a) and (b), the Secretary may carry out the following major medical facility projects for which funds were appropriated in chapter 7 of the Emergency Supplemental Appropriations Act of 1994 (title I of Public Law 103-211; 108 Stat. 10) in the amounts specified: (1) Construction of an ambulatory care/support services facility at the Department of Veterans Affairs Medical Center in Sepulveda, California, $53,700,000. (2) Other major medical facility projects required to repair, restore, or replace earthquake-damaged facilities at the Department of Veterans Affairs Medical Center in Sepulveda, California, $50,000,000. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1995-- (1) $379,370,000 for the major medical facility projects authorized in subsections (a), (b), and (c) of section 201; and (2) $15,800,000 for the major medical facility leases authorized in section 201(a). (b) Limitation.--The projects authorized in subsections (a) and (b) of section 201 may only be carried out using-- (1) funds appropriated for fiscal year 1995 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects for a fiscal year before fiscal year 1995 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects for fiscal year 1995 for a category of activity not specific to a project. (c) Limitation on Certain Projects.--The projects authorized in subsection (c) of section 201 may only be carried out using-- (1) funds appropriated to the Construction, Major Projects account under chapter 7 of the Emergency Supplemental Appropriations Act of 1994 (title I of Public Law 103-211; 108 Stat. 10) and funds transferred by the President to the Construction, Major Projects account pursuant to chapter 8 of that Act (108 Stat. 14); (2) funds appropriated to the Medical Care account by chapter 7 of the Emergency Supplemental Appropriations Act of 1994 that are transferred to the Construction, Major Projects account; (3) funds appropriated to the Construction, Major Projects account for a fiscal year before fiscal year 1995 that remain available for obligation; and (4) funds appropriated to the Construction, Major Projects account for fiscal year 1995 for a category of activity not specific to a project. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: General Medical Authorization Title II: Construction Authorities Veterans Health Programs Extension Act of 1994 - Title I: General Medical Authorities - Repeals a Federal provision requiring a veteran, in order to be eligible for counseling for sexual trauma from the Department 111Veterans Affairs, to seek such counseling within two years after release from active military service. Extends through December 31, 1998, the authority of the Department to provide such counseling services. Repeals a provision limiting to one year the authorized length of such counseling. Provides a priority for such care in furnishing medical services with funds appropriated for the medical care of veterans. Allows any veteran (currently, only women) to receive such counseling. Requires with respect to such counseling: (1) the availability of a toll-free telephone number; (2) appropriate training to Department personnel who provide counseling assistance; and (3) a report to the Congress on the operation of the telephone assistance service. (Sec. 102) Requires the Secretary of Veterans Affairs, in conducting or supporting clinical research, to ensure that women and minority veterans are included as subjects in such research. Directs the Secretary to foster and encourage the initiation and expansion of research relating to the health of women veterans, requiring specified consultation during such research. Amends the Veterans Health Care Act of 1992 to: (1) repeal a provision requiring the expansion of research relating to women veterans; and (2) require an appropriate test sample of age, background, rank, and service branch under a provision requiring a population study concerning women veterans. (Sec. 103) Extends for an additional year the authority: (1) to provide priority health care to veterans exposed to toxic substances during their military service; (2) for a pilot program for noninstitutional alternatives to nursing home care; (3) of the Secretary to enter into enhanced-use leases of real property; (4) for community-based residential care for homeless chronically mentally ill veterans and other veterans under the Veterans' Benefits and Services Act of 1988; and (5) for a demonstration program of compensated work therapy and therapeutic transitional housing for certain veterans. Amends the Department of Veterans Affairs Nurse Pay Act of 1990 to extend until February 1, 1995, the deadline of a required report on the findings of a study concerning noninstitutional alternatives to nursing home care. (Sec. 104) Authorizes the Secretary, from February 28, 1994, through June 1, 1994, to contract with facilities in the Republic of the Philippines other than the Veterans Memorial Medical Center to furnish hospital care and medical services to veterans for nonservice-connected connected disabilities if such veterans are unable to defray the cost of such care. (Sec. 105) Ratifies certain action taken by the Secretary during the period between July 1, 1994, and the date of enactment of this Act with respect to the furnishing of hospital and nursing home care to eligible veterans. Title II: Construction Authorization - Authorizes the Secretary to carry out the major medical facility projects and leases for the Department for which funds are requested in the FY 1995 budget, as well as certain prior year projects and leases. Authorizes the Secretary to carry out certain additional major medical facility construction projects, each with a cost limitation. Authorizes appropriations for such projects and leases, with limitations.

Veterans Health Programs Extension Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2013''. SEC. 2. SMALL BUSINESS START-UP SAVINGS ACCOUNTS. (a) In General.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--SMALL BUSINESS START-UP SAVINGS ACCOUNTS ``Sec. 530A. Small Business Start-up Savings Accounts. ``SEC. 530A. SMALL BUSINESS START-UP SAVINGS ACCOUNTS. ``(a) General Rule.--A small business start-up savings account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the small business start-up savings account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Small Business Start-Up Savings Account.--The term `small business start-up savings account' means a trust created or organized in the United States exclusively for the purpose of making qualified start-up expenditures of the individual who is the designated beneficiary of the trust (and designated as a small business start-up savings account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of a rollover contribution described in subsection (d)(4), no contribution will be accepted unless it is in cash, and contributions will not be accepted if such contribution would result in aggregate contributions for the taxable year not exceeding the lesser of-- ``(A) $10,000, or ``(B) an amount equal to the compensation (as defined in section 219(f)(1)) includible in the individual's gross income for such taxable year. ``(2) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust funds will be invested in life insurance contracts. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(c) Qualified Start-Up Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified start-up expenditures' has the meaning given such term by section 195. ``(2) Special rule for corporation or partnership interests.--Such term includes the taxpayer's allocable share of qualified start-up expenditures of an entity in which the taxpayer directly holds stock or a capital or profits interest. ``(3) Exception.--Such term shall not apply to any expenditures paid or incurred in a taxable year in connection with a trade or business if there is any day during the taxable year on which the number of full-time employees of the trade or business exceeds 50. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Any distribution shall be includible in the gross income of the distributee in the manner as provided in section 72. ``(2) Distributions for qualified start-up expenditures.-- ``(A) In general.--No amount shall be includible in gross income under paragraph (1) if the qualified start-up expenditures of the individual during the taxable year are not less than the aggregate distributions during the taxable year. ``(B) Distributions in excess of expenses.--If such aggregate distributions exceed such expenses during the taxable year, the amount otherwise includible in gross income under paragraph (1) shall be reduced by the amount which bears the same ratio to the amount which would be includible in gross income under paragraph (1) (without regard to this subparagraph) as the qualified start-up expenditures bear to such aggregate distributions. ``(C) Disallowance of excluded amounts as deduction, credit, or exclusion.--No deduction, credit, or exclusion shall be allowed to the taxpayer under any other section of this chapter for any qualified start- up expenditure to the extent taken into account in determining the amount of the exclusion under this paragraph. ``(3) Excess contributions returned before due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to any small business start-up savings account of an individual, paragraph (1) shall not apply to distributions from the small business start-up savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution described in paragraph (4)) which when added to all previous contributions for the taxable year exceeds the amount allowable as a contribution under subsection (b)(1). ``(4) Rollover contribution.--Paragraph (1) shall not apply to any amount paid or distributed from a small business start- up savings account to the account beneficiary to the extent the amount received is paid into a small business start-up savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. For purposes of this paragraph, rules similar to the rules of section 408(d)(3)(D) shall apply. ``(5) Transfer of account incident to divorce.--The transfer of an individual's interest in a small business start- up savings account to an individual's spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest shall, after such transfer, be treated as a small business start-up savings account with respect to which such spouse is the account beneficiary. ``(6) Treatment after death of account beneficiary.-- ``(A) Treatment if designated beneficiary is spouse.--If the account beneficiary's surviving spouse acquires such beneficiary's interest in a small business start-up savings account by reason of being the designated beneficiary of such account at the death of the account beneficiary, such account shall be treated as if the spouse were the account beneficiary. ``(B) Other cases.-- ``(i) In general.--If, by reason of the death of the account beneficiary, any person acquires the account beneficiary's interest in a small business start-up savings account in a case to which subparagraph (A) does not apply-- ``(I) such account shall cease to be a small business start-up savings account as of the date of death, and ``(II) an amount equal to the fair market value of the assets in such account on such date shall be includible if such person is not the estate of such beneficiary, in such person's gross income for the taxable year which includes such date, or if such person is the estate of such beneficiary, in such beneficiary's gross income for the last taxable year of such beneficiary. ``(ii) Special rules.-- ``(I) Reduction of inclusion for predeath expenses.--The amount includible in gross income under clause (i) by any person (other than the estate) shall be reduced by the amount of qualified start-up expenditures which were incurred by the decedent before the date of the decedent's death and paid by such person within 1 year after such date. ``(II) Deduction for estate taxes.--An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent or the decedent's spouse) with respect to amounts included in gross income under clause (i) by such person. ``(e) Community Property Laws.--This section shall be applied without regard to any community property laws. ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in subsection (n)) or another person who demonstrates, to the satisfaction of the Secretary, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute a small business start-up account described in subsection (a). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Adjustment for Inflation.--In the case of a taxable year beginning after December 31, 2014, the dollar amount in subsection (b)(1) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(h) Reports.--The trustee of a small business start-up savings account shall make such reports regarding such account to the Secretary and to the individual for whom the account is, or is to be, maintained with respect to contributions (and the years to which they relate), distributions, aggregating $10 or more in any calendar year, and such other matters as the Secretary may require. The reports required by this subsection-- ``(1) shall be filed at such time and in such manner as the Secretary prescribes, and ``(2) shall be furnished to individuals-- ``(A) not later than January 31 of the calendar year following the calendar year to which such reports relate, and ``(B) in such manner as the Secretary prescribes. ``(i) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary to carry out this section, including for purposes of subsection (c)(2) the making reports by regarding qualified start-up expenditures of an entity in which the taxpayer directly holds stock or a capital or profits interest.''. (b) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ``(G) a small business start-up savings account described in section 530A, or''. (2) Special rule.--Subsection (c) of section 4975 of such Code is amended by adding at the end of subsection (c) the following new paragraph: ``(7) Special rule for small business start-up savings accounts.--An individual for whose benefit a small business start-up savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 530A(d)(1) applies with respect to such transaction or if such transaction is a qualified start-up expenditure (as defined in section 530A(c)).''. (c) Failure To Provide Reports on Small Business Start-Up Savings Accounts.--Paragraph (2) of section 6693(a) of such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 530A(h) (relating to small business start-up savings accounts).''. (d) Excess Contributions.--Section 4973(b) of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Small Business Start-Up Savings Accounts.--For purposes of this section, in the case of contributions to a small business start-up savings account (within the meaning of section 530A(b)), the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the amount contributed for the taxable year to such accounts (other than a rollover contribution described in section 530A(d)(4)), over ``(B) the amount allowable as a contribution under section 530A(b)(1), and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts for the taxable year, and ``(B) the excess (if any) of the maximum amount allowable as a contribution under sections 530A(b)(1) for the taxable year over the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed from a small business start-up savings account in a distribution described in section 530A(d)(3) shall be treated as an amount not contributed.''. (e) Clerical Amendment.--The table of contents for subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IX. Small Business Start-up Savings Accounts''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2013 - Amends the Internal Revenue Code to establish tax-exempt small business start-up accounts to provide for expenditures related to the creation or acquisition of an active trade or business. Limits the annual amount that may be contributed to such accounts to the lesser of $10,000 or the taxpayer's compensation that is includible in gross income. Sets forth reporting requirements for the trustee of a small business start-up account. Makes the tax penalties for prohibited transactions and excess contributions applicable to small business start-up savings accounts.

Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Label and Transport Tissues Safely Act of 2017'' or as the ``LATTS Act of 2017''. SEC. 2. IN GENERAL. (a) Non-Transplant Tissue Bank License.-- (1) Prohibition.--No person may introduce or deliver for introduction into interstate commerce any human tissue specimen for medical research or education unless-- (A) a non-transplant tissue bank license is in effect for the entity introducing the human tissue specimen into interstate commerce; (B) each package of the human tissue specimen is labeled with-- (i) the proper name of the human tissue specimen contained in the package; (ii) the name, address, and applicable license number of the source tissue bank of the human tissue specimen; (iii) a unique donor identifier, the tissue type, the cause of death, serological test results, and any known infectious disease agents; (iv) a statement about the mandatory use of personal protective equipment and universal precautions when handling human tissue; and (v) the statement ``not for transplantation''; and (C) each package of the human tissue specimen is wrapped and packaged in a manner that-- (i) mitigates potential contamination and cross contamination; (ii) mitigates potential safety hazards; (iii) is sealed to prevent leakage; and (iv) ensures the integrity of the tissue. (2) Procedures established.-- (A) In general.--The Secretary of Health and Human Services shall establish, by rule, requirements for the approval, suspension, and revocation of non-transplant tissue bank licenses. (B) Approval.--The Secretary shall approve a non- transplant tissue bank license application-- (i) on the basis of a demonstration that-- (I) the human tissue specimens of the applicant are legally donated, properly screened for communicable disease agents, properly labeled, transported, and stored, and used according to the donor's donation authorization; (II) each facility in which the human tissue specimens of the applicant are donated, recovered, processed, packed, or held meets standards designed to ensure that the human tissue specimens do not pose a communicable disease risk to the general public; and (III) the applicant creates, compiles, and maintains a complete record on each donor from which it recovers a human body or human tissue specimen for educational or research purposes, which record shall include, at a minimum-- (aa) documentation demonstrating that the donor or the agent making the donation on the donor's behalf has knowingly consented to the anatomical donation for educational or research purposes; (bb) documentation showing that the donor or the agent making the donation on the donor's behalf has been informed as to whether the body or human tissue specimens shall be returned to a relative or personal representative or whether the applicant shall arrange and carry out the disposition of the human body or human tissue specimens; (cc) documentation of the identity and address of each entity which has been in possession of the human body or human tissue specimen before the applicant took possession, such as a funeral home, coroner, hospital, organ procurement organization, or tissue bank; and (dd) documentation on the use and disposition of each human body or human tissue specimen, including the name and address of each person or entity that receives the human body or human tissue specimen directly from the applicant; and (ii) only if the applicant (or other appropriate person) consents to the inspection of the facility that is the subject of the application, in accordance with subsection (c). (3) Requirements for exemption.--The Secretary shall prescribe requirements under which a human tissue specimen shall be exempt from the requirements of paragraph (1). (b) Falsely Labeling or Marking Package or Container; Altering Label or Mark.--No person shall falsely label or mark any package or container of any human tissue specimen or alter any label or mark on the package or container of the human tissue specimen so as to falsify the label or mark. (c) Inspection of Facilities.-- (1) In general.--Any officer, agent, or employee of the Department of Health and Human Services, authorized by the Secretary for the purpose, may during all reasonable hours enter and inspect any facility that is subject to a non- transplant tissue bank license under this section. (2) Inspection by nationally recognized accrediting bodies.--Any authorized agent of a nationally recognized accrediting body authorized by the Secretary for the purpose, may during all reasonable hours enter and inspect any such facility. (3) Rule of construction.--Nothing in this Act limits any existing authority of the Attorney General, any State Attorney General, or local law enforcement to enter and inspect any such facility. (d) Recall of Specimen Presenting Imminent Hazard; Violations.-- (1) Recall.--Upon a determination that a human tissue specimen or collection of specimens of a tissue bank licensed under this section presents an imminent or substantial hazard to the public health, the Secretary shall issue an order immediately ordering the recall of such batch, lot, or other quantity of such product. An order under this paragraph shall be issued in accordance with section 554 of title 5, United State Code. (2) Violations.--Any violation of a recall order under paragraph (1) shall subject the violator to a civil penalty of up to $10,000 per day of violation. The amount of a civil penalty under this paragraph shall, effective December 1 of each calendar year beginning 1 year or more after the effective date of this paragraph, be increased by the percent change in the Consumer Price Index for the base quarter of such year over the Consumer Price Index for the base quarter of the preceding year, adjusted to the nearest \1/10\ of 1 percent. For purposes of this paragraph, the term ``base quarter'', as used with respect to a year, means the calendar quarter ending on September 30 of such year, and the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter. (e) Prohibitions of Sales and Purchases of Human Tissue Specimen.-- It shall be unlawful for any person to knowingly sell, acquire, receive, or otherwise transfer any human tissue specimen for valuable consideration if the transfer affects interstate commerce. (f) Penalties for Offenses.--Whoever violates any of the provisions of this section shall be imprisoned not more than 1 year, or fined not more than $10,000, or both. Section 3571 of title 18, United States Code, shall not apply to an offense under this section. (g) Construction With Other Laws.--Nothing in this Act (other than subsection (f)) shall be construed as in any way affecting, modifying, repealing, or superseding any other provision of Federal law. (h) Definitions.--For the purposes of this section: (1) Unless the context indicates otherwise, the term ``agent'' means the person who is expressly authorized to make an anatomical donation on the donor's behalf under State law. (2) The term ``donor'' means a person whose body or whose human tissue specimen is the subject of an anatomical donation. (3) The term ``human tissue specimen''-- (A) means legally donated anatomical segments, cells, or body fluids (including a complete body) that are recovered for medical research or education; and (B) does not include a biological product (as defined in section 351 of the Public Health Services Act (42 U.S.C. 262)). (4) The term ``valuable consideration'' means something of value, but does not include the reasonable payments associated with the removal, transportation, processing, preservation, quality control, storage, and lawful disposition of human tissue specimens.

Label and Transport Tissues Safely Act of 2017 or the LATTS Act of 2017 This bill prohibits the sale of human tissue for research or education unless the seller has a non-transplant tissue bank license, each package of tissue is labeled with specified information, and each package is wrapped in the prescribed manner. The Department of Health and Human Services (HHS) shall establish a process for the approval, suspension, and revocation of non-transplant tissue bank licenses. False labeling of packages of human tissue is prohibited. HHS or any accrediting body authorized by HHS is allowed to enter and inspect any facility that is subject to a non-transplant tissue bank license. HHS shall recall any human tissue specimen that is an imminent or substantial hazard to public health. The bill makes it unlawful to knowingly sell or otherwise transfer any human tissue specimen if the transfer affects interstate commerce.

Label and Transport Tissues Safely Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the College Board, that the average student at a 4-year university spent an estimated $1,222 per year on college books and supplies. (2) According to the National Association of College Stores, the gross margin on new college textbooks was 25.6 percent in 2012. (3) The Government Accountability Office has found that college textbook prices have risen at twice the rate of annual inflation over the last two decades and that new textbook prices increased 82 percent over the last decade. (4) An open source material project that would make high quality educational materials freely available to the general public would reduce college textbook costs and increase accessibility to such education materials. (5) College-level open source course work materials in math, physics, and chemistry represent a high-priority first step in this area. (6) The scientific and technical workforce at Federal agencies, national laboratories, and federally funded research and development centers could make a valuable contribution to this effort. (7) A Federal oversight role in the creation and maintenance of standard, publicly vetted textbooks is desirable to ensure that intellectual property is respected and that public standards for quality, educational effectiveness, and scientific accuracy are maintained. SEC. 3. OPEN SOURCE MATERIAL PILOT PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Director shall begin development of college freshman- level, high quality, open source materials that-- (1) contain, at minimum, a comprehensive set of textbooks or other educational materials covering topics in physics, chemistry, and calculus; (2) are posted on the Federal Open Source Material Website; and (3) are free of copyright violations. (b) Posting Deadline.--Not later than 4 years after the date of enactment of this Act, the Director shall have posted the materials described in subsection (a) on the Federal Open Source Material Website. (c) Screening Procedures.--Before publishing materials on the Federal Open Source Material Website, the Director shall, in collaboration with the agencies described in section 5(b), develop, implement, and establish procedures for checking the veracity, accuracy, and educational effectiveness of open source materials. SEC. 4. FEDERAL OPEN SOURCE MATERIAL WEBSITE. (a) Establishment.--The Director shall establish and maintain a Federal Open Source Material Website. (b) Availability of Materials.--Materials in the Federal Open Source Material Website shall be made available free of charge to, and may be downloaded, redistributed, changed, revised, or otherwise altered by, any member of the general public. SEC. 5. OPEN SOURCE MATERIAL REQUIREMENT FOR FEDERAL AGENCIES. (a) Requirement.--The head of each agency described in subsection (b) shall, under the guidance of the Director, collaborate with the heads of any other such agency or any federally funded research and development center to develop, implement, and establish procedures for checking the veracity, accuracy, and educational effectiveness of open source materials that are posted on the Federal Open Source Material Website. (b) Agency Funding.--The head of each agency that expends more than $10,000,000 in a fiscal year on scientific education or scientific outreach shall use at least 2 percent of such funds for collaboration described in subsection (a). SEC. 6. REGULATIONS. The Director shall prescribe regulations necessary to implement this Act, including redistribution and attribution standards for open source materials produced under this Act. SEC. 7. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Federal open source material website.--The term ``Federal Open Source Material Website'' means the website established under section 4(a). (3) High quality.--The term ``high quality'' means-- (A) tested for optimal student engagement; (B) tested for optimal content consumption; (C) subjected to an editorial peer review process; and (D) free of copyright violations. (4) Open source materials.--The term ``open source materials'' means materials that are posted on a website that are available free of charge to, and may be downloaded, redistributed changed, revised, or otherwise altered by, any member of the general public. SEC. 8. GAO REPORT TO CONGRESS. Not later than July 1, 2018, the Comptroller General shall prepare and submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives detailing-- (1) the open source materials created or adapted under this Act; (2) the adoption of such open source materials; and (3) the savings generated for students, States, and the Federal Government through the use of open source materials.

Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2014 - Requires the Director of the National Science Foundation (NSF) to develop high quality, college freshman-level, open source materials that: (1) contain, at minimum, a comprehensive set of textbooks or other educational materials covering topics in physics, chemistry, and calculus; (2) are posted on the Federal Open Source Material Website (Website); and (3) are free of copyright violations. Requires the Director to establish and maintain the Website. Requires materials on the Website to be made available free of charge. Allows those materials to be downloaded, redistributed, or revised by the public. Directs the head of each federal agency that spends more than a specified amount in a fiscal year on scientific education or research to use at least 2% of those funds to collaborate with the heads of other such agencies or any federally funded research and development center to develop and implement procedures for checking the veracity, accuracy, and educational effectiveness of open source materials that are posted on the Website.

Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumer Information Act of 2018''. SEC. 2. STANDARDS FOR CYBERSECURITY SAFEGUARDS FOR CERTAIN CONSUMER REPORTING AGENCIES AND SERVICE PROVIDERS. (a) Review of Standards; Potential Revision.-- (1) Review.--Not later than 90 days after the date of the enactment of this Act, the Commission shall complete a review of the standards contained in the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) to determine whether such standards require covered consumer reporting agencies and covered service providers to maintain sufficient safeguards to protect customer records and information against cyber attacks and related threats. (2) Revision.--If the Commission determines in the review completed under paragraph (1) that the standards contained in the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) do not require covered consumer reporting agencies and covered service providers to maintain sufficient safeguards to protect customer records and information against cyber attacks and related threats, not later than 180 days after the date of the completion of the review, the Commission shall, pursuant to section 553 of title 5, United States Code, revise such regulations so as to provide for standards applicable to covered consumer reporting agencies and covered service providers that require such agencies and providers to maintain sufficient safeguards to protect customer records and information against cyber attacks and related threats. (b) Investigations.-- (1) Initial investigation.-- (A) In general.--Not later than 18 months after the date described in subparagraph (B), the Commission shall complete an investigation of each person or entity that, as of the date described in such subparagraph, is a covered consumer reporting agency or covered service provider, to determine whether such agency or provider is in compliance with the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801). (B) Date described.--The date described in this subparagraph is-- (i) if no revision of such regulations is required by paragraph (2) of subsection (a), the date of the completion of the review required by paragraph (1) of such subsection; or (ii) if revision of such regulations is required by paragraph (2) of such subsection, the date on which the Commission issues the revised regulations. (2) Subsequent investigations.--From time to time after the date that is 18 months after the date described in paragraph (1)(B), the Commission shall complete an investigation of each covered consumer reporting agency and each covered service provider to determine whether such agency or provider is in compliance with the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801). SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of a regulation issued by the Commission under section 501 of the Gramm- Leach-Bliley Act (15 U.S.C. 6801) by a covered consumer reporting agency or a covered service provider shall be treated as a violation of a rule under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission.--The Commission shall enforce, with respect to covered consumer reporting agencies and covered service providers, the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of such section. Any covered consumer reporting agency or covered service provider that violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice by a covered consumer reporting agency or covered service provider in violation of a regulation issued by the Commission under section 501 of the Gramm- Leach-Bliley Act (15 U.S.C. 6801), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to-- (1) enjoin such act or practice; (2) enforce compliance with such regulation; (3) obtain damages, restitution, or other compensation on behalf of residents of the State; or (4) obtain such other legal and equitable relief as the court may consider to be appropriate. (b) Notice.--Before filing an action under this section, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this subsection before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (c) Authority of Commission.-- (1) In general.--On receiving notice under subsection (b) of an action under this section, the Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (2) Limitation on state action while federal action is pending.--If the Commission or the Attorney General of the United States has instituted a civil action for violation of a regulation issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) by a covered consumer reporting agency or covered service provider (referred to in this paragraph as the ``Federal action''), no State attorney general, official, or agency may bring an action under this section during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such regulation alleged in such complaint. (d) Rule of Construction.--For purposes of bringing a civil action under this section, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. SEC. 5. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered consumer reporting agency.--The term ``covered consumer reporting agency'' means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p))). (3) Covered service provider.--The term ``covered service provider'' means any person or entity that is a service provider (as defined in section 314.2 of title 16, Code of Federal Regulations) through provision of services to a covered consumer reporting agency.

Protecting Consumer Information Act of 2018 This bill requires the Federal Trade Commission to review protections of customer information against cyber threats. The bill includes provisions related to investigations, enforcement, and regulations that apply to consumer reporting agencies.

Protecting Consumer Information Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``March of Dimes Commemorative Coin Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) President Franklin Roosevelt's personal struggle with polio led him to create the National Foundation for Infantile Paralysis (now known as the March of Dimes) on January 3, 1938, at a time when polio was on the rise. (2) The Foundation established patient aid programs and funded research for polio vaccines developed by Jonas Salk, MD, and Albert Sabin, MD. (3) Tested in a massive field trial in 1954 that involved 1.8 million schoolchildren known as ``polio pioneers'', the Salk vaccine was licensed for use on April 12, 1955 as ``safe, effective, and potent''. The Salk and Sabin polio vaccines funded by the March of Dimes ended the polio epidemic in the United States. (4) With its original mission accomplished, the Foundation turned its focus to preventing birth defects, prematurity, and infant mortality in 1958. The Foundation began to fund research into the genetic, prenatal, and environmental causes of over 3,000 birth defects. (5) The Foundation's investment in research has led to 13 scientists winning the Nobel Prize since 1954, including Dr. James Watson's discovery of the double helix. (6) Virginia Apgar, MD, creator of the Apgar Score, helped develop the Foundation's mission for birth defects prevention; joining the Foundation as the head of its new birth defects division in 1959. (7) In the 1960s, the Foundation created over 100 birth defects treatment centers, and then turned its attention to assisting in the development of Neonatal Intensive Care Units, or NICUs. (8) With March of Dimes support, a Committee on Perinatal Health released Toward Improving the Outcome of Pregnancy in 1976, which included recommendations that led to the regionalization of perinatal health care in the United States. (9) Since 1998, the March of Dimes has advocated for and witnessed the passage of the Birth Defects Prevention Act, Children's Health Act, PREEMIE Act, and Newborn Screening Save Lives Act. (10) In 2003, the March of Dimes launched a Prematurity Campaign to increase awareness about and reduce the incidence of preterm birth, infant mortality, birth defects, and lifelong disabilities and disorders. (11) The March of Dimes actively promotes programs for and funds research into newborn screening, pulmonary surfactant therapy, maternal nutrition, smoking cessation, folic acid consumption to prevent neural tube defects, increased access to maternity care, and similar programs to improve maternal and infant health. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In recognition and celebration of the founding and proud service of the March of Dimes, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 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. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 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 mission and programs of the March of Dimes, and its distinguished record of generating Americans' support to protect our children's health. (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 ``2014''; 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-- (1) contain motifs that represent the past, present, and future of the March of Dimes and its role as champion for all babies, such designs to be consistent with the traditions and heritage of the March of Dimes; (2) be selected by the Secretary, after consultation with the March of Dimes and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--For the coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary of the Treasury may issue coins minted under this Act only during the 1-year period beginning on January 1, 2014. 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 section 7(a) 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) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) 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 March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. (c) Audits.--The March of Dimes 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 (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary may issue guidance to carry out this subsection.

March of Dimes Commemorative Coin Act of 2011- Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 coins emblematic of the mission and programs of the March of Dimes. Permits issuance of such coins only during the one-year period beginning on January 1, 2014. Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children. Subjects the March of Dimes to federal audit requirements.

A bill to require the Secretary of the Treasury to mint coins in recognition and celebration of the 75th anniversary of the establishment of the March of Dimes Foundation.

SECTION 1. FINDINGS. Congress makes the following findings: (1) A national institution in Washington, District of Columbia, the Nation's Capital, that is dedicated to the heritage of women does not exist. (2) In the 34-year period beginning with 1963, only 2 exhibits were authorized on women's history at the National Museum of American History. (3) Less than 5 percent of the Nation's 2,200 National Historic Landmarks are dedicated to women, and there are only 40 public outdoor statues of American women in our Nation. (4) The historic contributions of women to civilization and to our Nation have gone unnoted or are misunderstood, leaving a gap in our Nation's historical record. (5) Knowledge of one's heritage is critical in developing a personal sense of competence and potential. (6) Lack of appreciation for women's historic contributions leads to a lack of value, understanding, and respect for women and girls, and invites discrimination or violence against females. (7) A National Museum of Women's History is needed to profile the specific achievements that individual women have made to all aspects of human endeavor, and to explore and celebrate the contributions that women have made in their various roles in family and society. SEC. 2. ADVISORY COMMITTEE. There is established an advisory committee to be known as the National Museum of Women's History Advisory Committee (in this Act referred to as the ``Advisory Committee''). SEC. 3. MEMBERSHIP. (a) Composition.--The Advisory Committee shall be composed of 5 ex officio nonvoting members and 21 voting members. (b) Ex Officio Nonvoting Members.--The Advisory Committee shall be composed of 5 ex officio nonvoting members, of whom-- (1) 1 member shall be appointed by the President; (2) 1 member shall be appointed by the Secretary of the Interior; (3) 1 member shall be appointed by the Administrator of General Services; (4) 1 member shall be appointed by the Secretary of Commerce; and (5) 1 member shall be appointed by the Secretary of Education. (c) Voting Members.--The Advisory Committee shall be composed of 21 voting members, of whom-- (1) 1 member shall be appointed by the Speaker of the House of Representatives, from among the Members of the House of Representatives; (2) 1 member shall be appointed by the Minority Leader of the House of Representatives, from among the Members of the House of Representatives; (3) 1 member shall be appointed by the Majority Leader of the Senate, from among the Members of the Senate; (4) 1 member shall be appointed by the Minority Leader of the Senate, from among the Members of the Senate; (5) 5 members shall be appointed by the President of the National Museum of Women's History, Inc., from among the founding members of such Board or the members of such Board; and (6) 12 members shall be appointed by the President of the National Museum of Women's History, Inc., in consultation with the Secretary of the Interior, from among private citizens who can contribute to the success of the Advisory Committee as determined by such President-- (A) at least 5 of whom shall be appointed after consultation with the Organization of American Historians, the American Studies Association, the American Historical Associations, the Women's Studies Association, the American Association of Museums, and other interested academic or professional organizations; and (B) at least 2 of whom shall be appointed on the basis of their expertise in financial matters. (d) Timeline.--Members of the Advisory Committee shall be appointed not later than 30 days after the date of enactment of this Act. (e) Limitation.--Effective 30 days after the date of enactment of this Act, and notwithstanding subsections (a) through (d), the failure of an appointing authority to appoint a member under subsection (b), or under paragraph (1), (2), (3), or (4) of subsection (c), shall not affect the ability of the Advisory Committee to meet and carry out the functions of the Committee under this Act. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.--The Advisory Committee shall conduct a thorough study of all matters relating to-- (1) identifying and recommending a site for the National Museum of Women's History in Washington, District of Columbia; (2) developing a business plan for the creation and maintenance of the National Museum of Women's History, which shall be funded solely through private contributions by the American people; and (3) assisting with respect to the collection and programs of the National Museum of Women's History. (b) First Meeting.--The Advisory Committee shall hold the first meeting of the Advisory Committee not later than 90 days after the date of enactment of this Act. (c) Final Report.--The Advisory Committee shall submit a final report to Congress regarding the matters studied under subsection (a) not later than 6 months after the date of the first meeting of the Advisory Committee. SEC. 5. ADMINISTRATIVE PROVISIONS. From amounts available to the Secretary of the Interior, the Secretary shall provide all necessary administrative services, facilities, support, and funds necessary for the performance of the duties of the Advisory Committee. SEC. 6. COMPENSATION. Each member of the Advisory Committee who is not an officer or employee of the Federal Government may receive compensation for each day such member is engaged in the performance of the duties of the Advisory Committee at a daily rate to be determined by the Secretary of the Interior. Such rate shall not exceed the maximum daily rate of pay for a position classified above GS-15 under section 5108 of title 5, United States Code. SEC. 7. TRAVEL. Members of the Advisory Committee shall be entitled to travel expenses, including per diem in lieu of subsistence, as authorized under sections 5702 and 5703 of title 5, United States Code, for persons in the Federal Government service employed temporarily or intermittently.

Establishes the National Museum of Women's History Advisory Committee. Directs the Advisory Committee to study matters relating to: (1) a site for the Museum in Washington, D.C.; (2) a business plan for the Museum's creation and maintenance, to be funded solely through private contributions; and (3) assisting the Museum's collection and programs. Directs the Secretary of the Interior to provide administrative services, facilities, support, and funds for the performance of the Advisory Committee's duties.

To create a National Museum of Women's History Advisory Committee.