FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renters Relief Act of 2001''. SEC. 2. REFUNDABLE CREDIT FOR RENT IN EXCESS OF 30 PERCENT OF INCOME. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR RENT IN EXCESS OF 30 PERCENT OF INCOME. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the excess rent amount paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount of the credit allowable under subsection (a) for a taxable year shall be not exceed $2,500. ``(2) Phaseout.-- ``(A) In general.--For purposes of this section, the $2,500 amount referred to in paragraph (1) shall be reduced (but not below zero) by an amount equal to $25 multiplied by the number of percentage points (or fraction thereof) by which the taxpayer's modified adjusted gross income for the taxable year exceeds 80 percent of the area median income applicable to such taxpayer based on family size. ``(3) Special rule for taxpayers subject to more than one area median income in a taxable year.--For purposes of paragraph (2), in the case of a taxpayer who is subject to more than 1 area median income in the taxable year by reason of changes in family size or location of personal residence, the area median income applicable to such taxpayer-- ``(A)(i) shall be determined as of the first day of each month on the basis of such family size and location, and ``(ii) shall be \1/12\ of the area median income so applicable, and ``(B) shall be the aggregate of the amounts determined under subparagraph (A) for each month of the taxable year. ``(4) Area median income.--For purposes of this subsection, the term `area median income' means area median income as determined by the Secretary of Housing and Urban Development for purposes of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.). ``(c) Excess Rent Amount.--For purposes of this section-- ``(1) In general.--The term `excess rent amount' means the excess (if any) of-- ``(A) the amount paid by the taxpayer for rent of a principal residence, over ``(B) 30 percent of the modified adjusted gross income of the taxpayer. ``(2) Modified adjusted gross income.-- ``(A) In general.--The term `modified adjusted gross income' means adjusted gross income-- ``(i) determined-- ``(I) without regard to sections 86, 219, 221, 911, 931, and 933, ``(II) without regard to the amounts described in subparagraph (B), and ``(ii) increased by the amounts described in subparagraph (C). ``(B) Certain amounts disregarded.--An amount is described in this subparagraph if it is-- ``(i) an alimony or separate maintenance payment (as defined in section 71(b)), ``(ii) the amount of losses from sales or exchanges of capital assets in excess of gains from such sales or exchanges to the extent such amount does not exceed the amount under section 1211(b)(1), ``(iii) the net loss from estates and trusts, ``(iv) the excess (if any) of amounts described in section 32(i)(2)(C)(ii) over the amounts described in section 32(i)(2)(C)(i) (relating to nonbusiness rents and royalties), or ``(v) 75 percent of the net loss from the carrying on of trades or businesses, computed separately with respect to-- ``(I) trades or businesses (other than farming) conducted as sole proprietorships, ``(II) trades or businesses of farming conducted as sole proprietorships, and ``(III) other trades or businesses. For purposes of clause (v), there shall not be taken into account items which are attributable to a trade or business which consists of the performance of services by the taxpayer as an employee. ``(C) Certain amounts included.--An amount is described in this subparagraph if it is-- ``(i) interest received or accrued during the taxable year which is exempt from tax imposed by this chapter, ``(ii) amounts received as a pension or annuity, and any distributions or payments received from an individual retirement plan, by the taxpayer during the taxable year to the extent not included in gross income, ``(iii) amount received under, or paid on behalf of the taxpayer under, any program receiving Federal, State, or local government funds if eligibility for, or the amount or type of, benefits or assistance under the program is based, in whole or in part, on need, or ``(iv) the amount of social security benefits (as defined in section 86(d)) received during the taxable year. Clause (ii) shall not include any amount which is not includible in gross income by reason of a trustee-to- trustee transfer or a rollover distribution. ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' shall have same meaning as when used in section 121. ``(2) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, no credit shall be allowed under subsection (a) to such individual for such individual's taxable year. ``(3) Multiple taxpayers renting the same principal residence.--This section shall be applied to separately to the portion of the rent paid by an individual to rent the same principal residence with 2 or more taxpayers. ``(4) Elderly and handicapped dependents.--In the case of a dependent for whom the taxpayer is allowed an exemption under section 151 who-- ``(A) has attained age 65 before the close of the taxable year, or ``(B) retired on disability before the close of the taxable year and who, when he retired, was permanently and totally disabled (within the meaning of section 22(e)(3)), the principal residence taken into account under this section shall be the principal residence of such dependent. ``(e) Denial of Credit if Mortgage Interest Deduction Allowed.--No credit shall be allowed under this section for a taxable year for a taxpayer for whom deduction under section 163(h) is allowable for the taxable year.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 35 of such Code'' before the period at the end. (2) The table of sections for such subpart C is amended by striking the item relating to section 35 and inserting the following new items: ``Sec. 35. Credit for rent in excess of 30 percent of income. ``Sec. 36. Overpayment of taxes.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Renters Relief Act of 2001 - Amends the Internal Revenue Code to allow a refundable credit (maximum $2,500 per year) for rent in excess of 30 percent of income. Reduces such credit based upon adjusted gross income and area median income (as defined in this Act).

To amend the Internal Revenue Code of 1986 to allow a refundable credit against the income tax for the amount paid in rent in excess of 30 percent of income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tuition Tax Deduction Act of 1995''. SEC. 2. DEDUCTION FOR TUITION AND FEES FOR UNDERGRADUATE AND POSTSECONDARY VOCATIONAL EDUCATION. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. TUITION AND FEES FOR UNDERGRADUATE AND POSTSECONDARY VOCATIONAL EDUCATION. ``(a) General Rule.--In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified educational expenses paid during the taxable year to one or more eligible educational institutions for himself, his spouse, or any of his dependents (as defined in section 152). ``(b) Limitation.--The aggregate payments during the taxable year for the qualified educational expenses of an individual which may be taken into account under subsection (a) shall not exceed $5,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified educational expenses.--The term `qualified educational expenses' means amounts paid for tuition and fees required for the enrollment or attendance of a student at an eligible educational institution. In the event an amount paid for tuition or fees includes an amount for meals, lodging, or similar expenses which is not separately stated, the portion of such amount which is attributable to meals, lodging, or similar expenses shall be determined under regulations prescribed by the Secretary. ``(2) Eligible educational institution.-- ``(A) In general.--Except as provided in subparagraph (B), the term `eligible educational institution' has the meaning given to such term by section 135(c)(3). ``(B) Institutions with excessive tuition increases not eligible institutions.--An institution shall not be treated as an eligible educational institution with respect to any academic year unless such institution certifies to the Secretary (before the most recent July 1 preceding such academic year) that the percentage increase in tuition for such academic year will not exceed the applicable percentage increase in the cost- of-living. ``(C) Definitions.--For purposes of subparagraph (B)-- ``(i) Percentage increase in tuition.--The percentage increase in tuition for an academic year is the percentage (if any) by which the tuition and fees required for the enrollment or attendance of a student at such institution for such academic year exceed such tuition and fees for the preceding academic year. ``(ii) Applicable percentage increase in cost-of-living.--The applicable percentage increase in the cost-of-living with respect to any academic year is the percentage (if any) by which the CPI for the last calendar year ending before the beginning of such academic year exceeds the CPI for the calendar year preceding such calendar year. ``(iii) CPI for calendar year.--The CPI for any calendar year is the average of the Consumer Price Index (as defined in section 1(f)(5)) as of the close of such calendar year. ``(d) Special Rules.-- ``(1) Adjustment for certain scholarships and veterans benefits.--The amounts otherwise taken into account under subsection (a) as qualified educational expenses of any individual during any period shall be reduced (before the application of subsection (b)) by any amounts received by such individual during such period as-- ``(A) a qualified scholarship (within the meaning of section 117(b)) which under section 117 is not includible in gross income, or ``(B) an educational assistance allowance under chapters 32, 34, or 35 of title 38 of the United States Code. ``(2) Eligible courses.--Amounts paid for qualified educational expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses-- ``(A) are attributable to courses of instruction for which credit is allowed toward a recognized degree by an institution of higher education or toward a certificate of required course work at a vocational school, and ``(B) are not attributable to any graduate program of such individual. ``(3) Individual must be at least half-time student.--No deduction shall be allowed under subsection (a) for amounts paid during the taxable year for qualified educational expenses with respect to any individual unless that individual, during any 4 calendar months during the calendar year in which the taxable year of the taxpayer begins, is carrying at least one- half the normal full-time work load for the course of study the student is pursuing, as determined by the eligible education institution. ``(4) Taxpayer who is dependent of another taxpayer.--No deduction shall be allowed to a taxpayer under subsection (a) for amount paid for the education of such taxpayer if such taxpayer is a dependent of another person for a taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. ``(5) Spouse.--No deduction shall be allowed under subsection (a) for amounts paid during the taxable year for qualified educational expenses for the spouse of the taxpayer unless-- ``(A) the taxpayer is entitled to an exemption for his spouse under section 151(b) for the taxable year, or ``(B) the taxpayer files a joint return with his spouse for the taxable year. ``(e) Coordination With Other Provisions.--This section shall not apply to any amount which is allowable as a deduction under this chapter without regard to this section. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the provisions of this section.'' (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (15) the following new paragraph: ``(16) Tuition and related expenses.--The deduction allowed by section 220.'' (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 220. Tuition and fees for undergraduate and postsecondary vocational education. ``Sec. 221. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to amounts paid after December 31, 1995, with respect to education furnished after such date.

Tuition Tax Deduction Act of 1995 - Amends the Internal Revenue Code to allow an individual a deduction in an amount equal to the qualified education expenses paid for tuition and fees for the taxpayer, spouse, or any dependents to one or more eligible undergraduate and postsecondary vocational schools. Limits the deduction to $5,000. Allows the deduction whether or not the taxpayer itemizes other deductions.

Tuition Tax Deduction Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diverse Teachers Recruitment Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Department of Education statistics reveal a lack of diversity among public schoolteachers. During the school year of 2007 through 2008, an estimated 83.1 percent of public schoolteachers were Caucasian, while 7.1 percent were Latino, 7 percent were African-American, and 1.2 percent were Asian. Of all public schoolteachers, 24.1 percent were male and 75.9 percent were female. (2) Some experts believe the lack of diversity can leave students in underrepresented groups without role models to whom they can relate, which may lead to poorer performance in the classroom. Statistics show that students in some underrepresented groups have lower standardized test scores and lower graduation rates. (3) Teacher demographics should better reflect those of the population as a whole, ensuring that students have role models from diverse backgrounds and racial and ethnic groups and of different genders. SEC. 3. RECRUITMENT, TRAINING, AND RETENTION OF TEACHERS FROM UNDERREPRESENTED GROUPS. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following new part: ``PART E--RECRUITMENT, TRAINING, AND RETENTION OF TEACHERS FROM UNDERREPRESENTED GROUPS ``SEC. 2501. GRANT PROGRAM. ``(a) Authorization.--From amounts appropriated under section 2505, the Secretary shall make grants on a competitive basis to eligible entities for recruiting, training, and retaining individuals from underrepresented groups as teachers at public elementary schools and secondary schools. ``(b) Eligibility.--The Secretary may only make a grant under subsection (a) to an eligible entity that-- ``(1) serves schools that have difficulty recruiting, training, and retaining individuals from underrepresented groups as teachers; and ``(2) submits an application at such time, in such form, and containing such information and assurances as the Secretary may require, including-- ``(A) a description of how the activities the eligible entity carries out with grant funds will ensure the recruitment, training, and retention of a significant number of individuals from underrepresented groups; and ``(B) a description of the difficulty recruiting, training, and retaining individuals from underrepresented groups experienced by the schools served by the eligible entity. ``(c) Priority.--In making grants under subsection (a), the Secretary shall give priority to-- ``(1) local educational agencies (or consortia of local educational agencies) that serve the most high-need schools; and ``(2) local educational agencies (or consortia of local educational agencies) that serve schools with the highest percentages of minority individuals in their student populations. ``(d) Matching Funds.-- ``(1) In general.--The Secretary may not make a grant to an eligible entity under subsection (a) unless the eligible entity agrees that, with respect to the costs to be incurred by the eligible entity in carrying out the activities for which the grant is awarded, the eligible entity will make available non- Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant. ``(2) Satisfying matching requirement.--The non-Federal contributions required under paragraph (1) may be-- ``(A) in cash or in-kind, including services, fairly evaluated; and ``(B) from-- ``(i) any private source; or ``(ii) a State educational agency or local educational agency. ``(3) Waiver.--The Secretary may waive or reduce the non- Federal contribution required by paragraph (1) if the eligible entity involved demonstrates that it cannot meet the contribution requirement due to financial hardship. ``SEC. 2502. REPORTS TO SECRETARY. ``An eligible entity receiving a grant under section 2501(a) shall submit to the Secretary not later than 90 days after the end of each school year in which the entity receives grant funds a report that contains-- ``(1) a description of the activities for which the entity used grant funds during such school year; ``(2) data concerning, with respect to the schools served by the entity-- ``(A) the number of individuals from underrepresented groups that began teaching during such school year; ``(B) the retention rate of teachers who are individuals from underrepresented groups; ``(C) in the case of the report covering the last school year in which the entity receives grant funds, indicators of student academic achievement during such school year as compared with previous school years, disaggregated, if possible, by the achievement of-- ``(i) economically disadvantaged students; ``(ii) students from major racial groups; ``(iii) students with disabilities; and ``(iv) students with limited English proficiency; ``(D) student graduation rates for the school year covered by the report as compared with previous school years, if applicable in the case of the schools served by the entity; and ``(E) student attendance rates for the school year covered by the report as compared with previous school years; and ``(3) a description of and data regarding such characteristics of the schools served by the entity, and the students of such schools, as the Secretary considers appropriate, including the number and percentage of students in each of the groups listed in clauses (i) through (iv) of paragraph (2)(C). ``SEC. 2503. BEST PRACTICES INFORMATION CLEARINGHOUSE. ``(a) In General.--The Secretary shall evaluate the success of the activities carried out by eligible entities using grant funds received under section 2501(a) and compile a database of best practices for recruiting, training, and retaining individuals from underrepresented groups as public elementary and secondary school teachers. The Secretary shall make such database available to eligible entities (regardless of whether such entities have received grants under such section) through an Internet Web site. ``(b) Funds Available.--Of the amounts appropriated to carry out this part for a fiscal year, the Secretary may use not more than 10 percent to carry out this section during such fiscal year. ``SEC. 2504. DEFINITIONS. ``In this part, the following definitions apply: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency (or consortium of local educational agencies); or ``(B) an entity that-- ``(i) has entered into a partnership with a local educational agency (or consortium of local educational agencies) in which the local educational agency (or consortium of local educational agencies) is the primary partner; and ``(ii) is a private nonprofit organization, educational service agency, institution of higher education, or State educational agency. ``(2) High-need high school.--The term `high-need high school' means a secondary school-- ``(A) in which the entering grade of the school is not lower than grade 9 and that includes grade 12; and ``(B) that has a graduation rate of not more than 65 percent in each of the 2 academic years prior to the submission of the grant application. ``(3) High-need middle school.--The term `high-need middle school' means a secondary school-- ``(A) in which the entering grade is not lower than grade 6 and the highest grade is not higher than grade 9; and ``(B) from which not less than 35 percent of the students who complete such school enroll in a high-need high school. ``(4) High-need school.--The term `high-need school' means a public school, including a charter school (as such term is defined in section 5210(1))-- ``(A) in which not less than 40 percent of the enrolled students are eligible to receive free or reduced price lunches under section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)); or ``(B) that is a high-need high school or a high- need middle school. ``(5) Individual from an underrepresented group.--The term `individual from an underrepresented group' means an individual who is a member of a racial group or gender that has historically been underrepresented among teachers in public primary and secondary schools in the United States. ``(6) Minority individual.--The term `minority individual' means an individual who is a member of a racial group that has historically been underrepresented among teachers in public primary and secondary schools in the United States. ``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as are necessary for fiscal years 2010 through 2015.''. (b) Clerical Amendment.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item related to section 2441 the following: Part E--Recruitment, Training, and Retention of Teachers From Underrepresented Groups Sec. 2501. Grant program. Sec. 2502. Reports to Secretary. Sec. 2503. Best practices information clearinghouse. Sec. 2504. Definitions. Sec. 2505. Authorization of appropriations.

Diverse Teachers Recruitment Act of 2010 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) or nonprofits, educational service agencies, institutions of higher education, or states that enter into partnerships with such LEAs, for recruiting, training, and retaining individuals from underrepresented groups as public elementary and secondary school teachers. Gives priority to LEAs that serve the most high-need schools and those that serve schools with the highest percentages of minorities in their student bodies. Requires the Secretary to evaluate the success of the grantees and compile a database of best practices for recruiting, training, and retaining individuals from underrepresented groups as public elementary and secondary school teachers.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Suicide Early Intervention and Prevention Expansion Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) More children and young adults die from suicide each year than from cancer, heart disease, AIDS, birth defects, stroke, and chronic lung disease combined. (2) Over 4,000 children and young adults tragically take their lives every year, making suicide the third overall cause of death between the ages of 10 and 24. According to the Centers for Disease Control and Prevention suicide is the third overall cause of death among college-age students. (3) According to the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention, children and young adults accounted for 15 percent of all suicides completed in 2000. (4) From 1952 to 1995, the rate of suicide in children and young adults has tripled. (5) From 1980 to 1997, the rate of suicide among young adults ages 15 to 19 increased 11 percent. (6) From 1980 to 1997, the rate of suicide among children ages 10 to 14 increased 109 percent. (7) According to the National Center of Health Statistics, suicide rates among Native Americans range from 1.5 to 3 times the national average for other groups, with young people ages 15 to 34 making up 64 percent of all suicides. (8) Congress has recognized that youth suicide is a public health tragedy linked to underlying mental health problems and that youth suicide early intervention and prevention activities are national priorities. (9) Youth suicide early intervention and prevention have been listed as urgent public health priorities by the President's New Freedom Commission in Mental Health (2002), the Institute of Medicine's Reducing Suicide: A National Imperative (2002), the National Strategy for Suicide Prevention: Goals and Objectives for Action (2001), and the Surgeon General's Call to Action To Prevent Suicide (1999). (10) Many States have already developed comprehensive youth suicide early intervention and prevention strategies that seek to provide effective early intervention and prevention services. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICES ACT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. SUICIDE PREVENTION FOR CHILDREN AND ADOLESCENTS. ``(a) Youth Suicide Early Intervention and Prevention Strategies.-- ``(1) In general.--The Secretary shall award grants or cooperative agreements to eligible entities to-- ``(A) develop and implement statewide youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; ``(B) collect and analyze data on statewide youth suicide early intervention and prevention services that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; and ``(C) assist States, through statewide youth suicide early intervention and prevention strategies, in achieving their targets for youth suicide reductions under title V of the Social Security Act (42 U.S.C. 701 et seq.). ``(2) Eligible entity defined.--In this subsection, the term `eligible entity' means a State, political subdivision of a State, federally-recognized Indian tribe, tribal organization, public organization, or private nonprofit organization actively involved in youth suicide early intervention and prevention activities and in the development and continuation of statewide youth suicide early intervention and prevention strategies. ``(3) Preference.--The Secretary shall give preference to eligible entities that-- ``(A) provide early intervention services to youth in, and that are integrated with, school systems, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; ``(B) demonstrate collaboration among early intervention and prevention services or certify that entities will engage in future collaboration; ``(C) employ or include in their applications a commitment to engage in an evaluative process the best evidence-based or promising youth suicide early intervention and prevention practices and strategies adapted to the local community; ``(D) provide for the timely assessment of youth who are at risk for emotional disorders which may lead to suicide attempts; ``(E) provide timely referrals for appropriate community-based mental health care and treatment of youth in all child-serving settings and agencies who are at risk for suicide; ``(F) provide immediate support and information resources to families of youth who are at risk for emotional behavioral disorders which may lead to suicide attempts; ``(G) offer equal access to services and care to youth with diverse linguistic and cultural backgrounds; ``(H) offer appropriate postvention services, care, and information to families, friends, schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations of youth who recently completed suicide; ``(I) offer continuous and up-to-date information and awareness campaigns that target parents, family members, child care professionals, community care providers, and the general public and highlight the risk factors associated with youth suicide and the life-saving help and care available from early intervention and prevention services; ``(J) ensure that information and awareness campaigns on youth suicide risk factors, and early intervention and prevention services, use effective communication mechanisms that are targeted to and reach youth, families, schools, educational institutions, and youth organizations; ``(K) provide a timely response system to ensure that child-serving professionals and providers are properly trained in youth suicide early intervention and prevention strategies and that child-serving professionals and providers involved in early intervention and prevention services are properly trained in effectively identifying youth who are at risk for suicide; ``(L) provide continuous training activities for child care professionals and community care providers on the latest best evidence-based youth suicide early intervention and prevention services practices and strategies; and ``(M) work with interested families and advocacy organizations to conduct annual self-evaluations of outcomes and activities on the State level, according to standards established by the Secretary. ``(b) Technical Assistance, Data Management, and Research.-- ``(1) Technical assistance and data management.-- ``(A) In general.--The Secretary shall award technical assistance grants and cooperative agreements to State agencies to conduct assessments independently or in collaboration with educational institutions related to the development of statewide youth suicide early intervention and prevention strategies. ``(B) Authorized activities.--Grants awarded under subparagraph (A) shall be used to establish programs for the development of standardized procedures for data management, such as-- ``(i) ensuring the quality surveillance of youth suicide early intervention and prevention strategies; ``(ii) providing technical assistance on data collection and management; ``(iii) studying the costs and effectiveness of statewide youth suicide early intervention and prevention strategies in order to answer relevant issues of importance to State and national policymakers; ``(iv) further identifying and understanding causes of and associated risk factors for youth suicide; ``(v) ensuring the quality surveillance of suicidal behaviors and nonfatal suicidal attempts; ``(vi) studying the effectiveness of statewide youth suicide early intervention and prevention strategies on the overall wellness and health promotion strategies related to suicide attempts; and ``(vii) promoting the sharing of data regarding youth suicide with Federal agencies involved with youth suicide early intervention and prevention, and statewide youth suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk-factors for suicide in youth. ``(2) Research.-- ``(A) In general.--The Secretary shall conduct a program of research and development on the efficacy of new and existing youth suicide early intervention techniques and technology, including clinical studies and evaluations of early intervention methods, and related research aimed at reducing youth suicide and offering support for emotional and behavioral disorders which may lead to suicide attempts. ``(B) Disseminating research.--The Secretary shall promote the sharing of research and development data developed pursuant to subparagraph (A) with the Federal agencies involved in youth suicide early intervention and prevention, and entities involved in statewide youth suicide early intervention and prevention strategies for the purpose of applying and integrating new techniques and technology into existing statewide youth suicide early intervention and strategies systems. ``(c) Coordination and Collaboration.-- ``(1) In general.--In carrying out this section, the Secretary shall collaborate and consult with-- ``(A) other Federal agencies and State and local agencies, including agencies responsible for early intervention and prevention services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the State Children's Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), programs funded by grants under title V of the Social Security Act (42 U.S.C. 701 et seq.), and programs under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), and the National Strategy for Suicide Prevention Federal Steering Group; ``(B) local and national organizations that serve youth at risk for suicide and their families; ``(C) relevant national medical and other health and education specialty organizations; ``(D) youth who are at risk for suicide, who have survived suicide attempts, or who are currently receiving care from early intervention services; ``(E) families and friends of youth who are at risk for suicide, who have survived suicide attempts, who are currently receiving care from early intervention and prevention services, or who have completed suicide; ``(F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve youth at risk for suicide and their families; and ``(G) third-party payers, managed care organizations, and related commercial industries. ``(2) Policy development.--The Secretary shall coordinate and collaborate on policy development at the Federal and State levels and with the private sector, including consumer, medical, suicide prevention advocacy groups, and other health and education professional-based organizations, with respect to statewide youth suicide early intervention and prevention strategies. ``(d) Rule of Construction; Religious Accommodation.--Nothing in this section shall be construed to preempt any State law, including any State law that does not require the suicide early intervention for youth whose parents or legal guardians object to such early intervention based on the parents' or legal guardians' religious beliefs. ``(e) Evaluation.-- ``(1) In general.--The Secretary shall conduct an evaluation to analyze the effectiveness and efficacy of the activities conducted with grants under this section. ``(2) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). ``(f) Definitions.--In this section: ``(1) Best evidence-based.--The term `best evidence-based' with respect to programs, means programs that have undergone scientific evaluation and have proven to be effective. ``(2) Early intervention.--The term `early intervention' means a strategy or approach that is intended to prevent an outcome or to alter the course of an existing condition. ``(3) Educational institution.--The term `educational institution' means a high school, vocational school, or an institution of higher education. ``(4) Prevention.--The term `prevention' means a strategy or approach that reduces the likelihood or risk of onset, or delays the onset, of adverse health problems or reduces the harm resulting from conditions or behaviors. ``(5) School.--The term `school' means a nonprofit institutional day or residential school that provides an elementary, middle, or secondary education, as determined under applicable State law, except that such term does not include any education beyond the 12th grade. ``(6) Youth.--The term `youth' means individuals who are between 6 and 24 years of age. ``(g) Authorization of Appropriations.-- ``(1) Statewide youth suicide early intervention and prevention strategies.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $25,000,000 for fiscal year 2005, $25,000,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year. ``(2) Technical assistance, data management, and research.--For the purpose of carrying out subsection (b), there are authorized to be appropriated $5,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, $5,000,000 for fiscal year 2007, and such sums as may be necessary for each subsequent fiscal year.''.

Youth Suicide Early Intervention and Prevention Expansion Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants or cooperative agreements to eligible entities that: (1) develop and implement statewide youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance abuse programs, mental health programs, foster care systems, and other child and youth support organizations; (2) collect and analyze data on statewide youth suicide early intervention and prevention services to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (3) assist States in achieving their targets for youth suicide reductions. Provides for preferential treatment in the award of grants for entities that engage in certain specified activities. Requires the Secretary to: (1) award technical assistance grants and cooperative agreements to State agencies to conduct assessments of the development of such intervention and prevention strategies; (2) conduct research and development on the efficacy of new and existing youth suicide early intervention techniques and technology; (3) promote the sharing of this research and development with relevant Federal and State agencies and statewide entities for the purpose of applying and integrating new techniques and technology into existing intervention systems; (4) collaborate with specified agencies, organizations, and individuals to carry out this Act; and (5) conduct an evaluation of the effectiveness of the activities conducted under this Act.

To amend the Public Health Service Act to support the planning, implementation, and evaluation of organized activities involving statewide youth suicide early intervention and prevention strategies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assessing Progress in Haiti Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 12, 2010, a massive earthquake struck near the Haitian capital city of Port-au-Prince, leaving an estimated 220,000 people dead, including 103 United States citizens, 101 United Nations personnel, and nearly 18 percent of the nation's civil service, as well as 300,000 injured, 115,000 homes destroyed, and 1,500,000 people displaced. (2) According to the Post Disaster Needs Assessment conducted by the Government of Haiti, with technical assistance from the United Nations, the World Bank, the Inter-American Development Bank, the Economic Commission for Latin America and the Caribbean, and the European Commission, an estimated 15 percent of the population were directly affected by the disaster and related damages and economic losses totaled $7,804,000,000. (3) Even before the earthquake, Haiti had some of the lowest socioeconomic indicators and the second highest rate of income disparity in the world, conditions that have further complicated post-earthquake recovery efforts and, according to the World Bank, have significantly reduced the prospects of economic growth spurring broader poverty reduction. (4) According to the World Food Program, more than 6,700,000 people in Haiti (out of a population of about 10,000,000) are considered food insecure nationally. (5) In October 2010, an unprecedented outbreak of cholera in Haiti resulted in over half a million reported cases and over 8,000 deaths to date, further straining the capacity of Haiti's public health sector and increasing the urgency of resettlement and water, sanitation, and hygiene (WASH) efforts. (6) The international community, led by the United States and the United Nations, mounted an unprecedented humanitarian response in Haiti, with donors pledging approximately $10,400,000,000 for humanitarian relief and recovery efforts, including debt relief, supplemented by $3,100,000,000 in private charitable contributions, of which approximately $6,400,000,000 has been disbursed and an additional $3,800,000,000 has been committed as of September 30, 2013. (7) The emergency response of the men and women of the United States Government, led by the United States Agency for International Development (USAID) and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was particularly swift and resolute. (8) Since 2010, a total of $1,300,000,000 in United States assistance has been allocated for humanitarian relief and $2,300,000,000 has been allocated for recovery, reconstruction, and development assistance in Haiti, including $1,140,000,000 in emergency appropriations and $95,000,000 that has been obligated specifically to respond to the cholera epidemic. (9) Of the $3,600,000,000 in United States assistance allocated for Haiti, $651,000,000 was apportioned to the USAID to support an ambitious recovery plan, including the construction of a power plant to provide electricity for the new Caracol Industrial Park (CIP) in northern Haiti, a new port near the CIP, and permanent housing in new settlements in the Port-au-Prince, St-Marc, and Cap-Haitien areas. (10) On October 9, 2013, the Committee on Foreign Affairs of the House of Representatives held an oversight hearing on the status and effectiveness of post-earthquake United States aid to Haiti, following a House of Representatives-mandated, year-long Government Accountability Office (GAO) report that was highly critical of some aspects of USAID's recovery effort. (11) According to GAO, as of June 30, 2013, USAID had disbursed just 31 percent of its reconstruction funds in Haiti, the port project was 2 years behind schedule and over budget by an estimated $189,000,000, the housing project has been reduced by 80 percent, and the sustainability of the power plant, the port, and the housing projects were all at risk. (12) GAO further found that Congress has not been provided with sufficient information to ensure that it is able to conduct effective oversight at a time when most funding remains to be disbursed, and specifically recommends that a periodic reporting mechanism be instituted to fill this information gap. (13) Donors have encountered significant challenges in implementing recovery programs and nearly 4 years after the earthquake an estimated 171,974 people remain displaced in camps, unemployment remains high, corruption is rampant, land rights remain elusive, allegations of wage violations are widespread, the business climate is unfavorable, and government capacity remains weak. (14) For Haiti to achieve stability and long term economic growth, donor assistance will have to be carefully coordinated with a commitment by the Haitian Government to transparency, a market economy, rule of law, and democracy. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to support the sustainable rebuilding and development of Haiti in a manner that-- (1) promotes efforts that are led by and support the Haitian people and the Haitian Government at all levels so that Haitians lead the course of reconstruction and development of Haiti; (2) builds the long term capacity of the Government of Haiti and Haitian civil society; (3) reflects the priorities and particular needs of both women and men so they may participate equally and to their maximum capacity; (4) respects and helps restore Haiti's natural resources, as well as builds community-level resilience to environmental and weather-related impacts; (5) provides timely and comprehensive reporting on goals and progress, as well as transparent post program evaluations and contracting data; (6) prioritizes the local procurement of goods and services in Haiti where appropriate; and (7) promotes the holding of free, fair, and timely elections in accordance with democratic principles and the Haitian Constitution. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding United States assistance, including assistance to Haiti. SEC. 5. REPORT. (a) In General.--Not later than 120 days after the date of the enactment of this Act and every 180 days thereafter through September 30, 2016, the Secretary of State shall submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti. (b) Contents.--The report required by subsection (a) shall include-- (1) a summary of the Haiti Rebuilding and Development Strategy, including any significant changes to the strategy over the reporting period and an explanation thereof; (2) a breakdown of the work that the United States Government agencies other than USAID and the Department of State are conducting in the Haiti recovery effort, and the cost of that assistance; (3) an assessment of the progress of United States efforts to advance the objectives of the Haiti Rebuilding and Development Strategy through the ``Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity'' produced by the Department of State, compared to what remains to be achieved to meet specific goals, including-- (A) a description of any significant changes to the Strategy over the reporting period and an explanation thereof; (B) an assessment of progress, or lack thereof, over the reporting period toward meeting the goals and objectives, benchmarks, and timeframes specified in the Strategy, including-- (i) a description of progress toward designing and implementing a coordinated and sustainable housing reconstruction strategy that addresses land ownership, secure land tenure, water and sanitation, and the unique concerns of vulnerable populations such as women and children, as well as neighborhood and community revitalization, housing finance, and capacity building for the Government of Haiti to implement an effective housing policy; (ii) a description of efforts to construct and sustain the proposed port, as well as an assessment of the current projected timeline and cost for completion; and (iii) a description of efforts to attract and leverage the investments of private sector partners to the CIP, including by addressing any policy impediments; (C) a description of the quantitative and qualitative indicators used to evaluate the progress toward meeting the goals and objectives, benchmarks, and timeframes specified in Strategy at the project level; (D) the amounts committed, obligated, and expended on programs and activities to implement the Strategy, by sector and by implementing partner at the prime and subprime levels (in amounts of not less than $25,000); and (E) a description of the risk mitigation measures put in place to limit the exposure of United States assistance provided under the Strategy to waste, fraud, and abuse; (4) a description of measures taken to strengthen, and an assessment of, Haitian governmental and non-governmental organizational capacity to undertake and sustain United States- supported recovery programs; (5) a description of United States efforts to consult and engage with Haitian Government ministries and local authorities on the establishment of goals and timeframes, and on the design and implementation of new programs under the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity; (6) a description of efforts to consult and engage with Haitian civil society and grassroots organizations on the establishment of goals and timeframes, and on the design and implementation of new programs under the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity, as well as efforts to coordinate with and engage the Haitian diaspora; (7) consistent with the Government of Haiti's ratification of the United Nations Convention Against Corruption, a description of United States and Haitian Government efforts to strengthen Haitian Government institutions established to address corruption, as well as related efforts to promote public accountability, meet public outreach and disclosure obligations, and support civil society participation in anti- corruption efforts; (8) a description of efforts to leverage public-private partnerships and increase the involvement of the Haitian private sector in recovery and development activities and coordinate programs with the private sector and other donors; (9) a description and assessment of efforts to address the particular needs of vulnerable populations, including internally displaced persons, women, children, orphans, and persons with disabilities, in the design and implementation of new programs and infrastructure; (10) an description of the impact that agriculture and infrastructure programs are having on the food security, livelihoods, and land tenure security of smallholder farmers, particularly women; (11) a description of mechanisms for communicating the progress of recovery and development efforts to the Haitian people, including a description of efforts to provide documentation, reporting and procurement information in Haitian Creole; and (12) a description of the steps Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States. Passed the House of Representatives December 12, 2013. Attest: KAREN L. HAAS, Clerk.

Assessing Progress in Haiti Act of 2013 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding U.S. assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress within 120 days, and every 180 days thereafter through September 30, 2016, on the status of post-earthquake recovery and development efforts in Haiti. Requires inclusion in such report: (1) a summary of the Haiti rebuilding and development strategy; (2) a breakdown of the work (and costs) that U.S. government agencies, other than the U.S. Agency for International Development (USAID) and the Department of State, are conducting in the recovery effort; (3) a description of measures taken to strengthen Haitian governmental and non-governmental organizational capacity to undertake U.S.-supported recovery programs; (4) a description of U.S. efforts to engage with Haitian government ministries, local authorities, civil society, and the Haitian diaspora; (5) a description of efforts to increase the involvement of the Haitian private sector in recovery and development activities; (6) an assessment of efforts to address the needs of vulnerable populations; and (7) a description of the steps Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States.

Assessing Progress in Haiti Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Sector Whistleblowers' Protection Act of 1993''. SEC. 2. PURPOSE. The Federal regulatory system should be implemented consistent with the principle that any person subject to Government regulation should be protected against reprisal for disclosing information that the person believes is indicative of-- (1) violation or inconsistent application of any law, rule, regulation, policy, or internal standard; (2) arbitrary action or other abuse of authority; (3) mismanagement; (4) waste or misallocation of resources; (5) inconsistent, discriminatory or disproportionate enforcement proceedings; (6) endangerment of public health or safety; (7) personal favoritism; and (8) coercion for partisan political purposes; by any agency or its employees. SEC. 3. COVERAGE. This Act shall apply to: (1) Any agency of the Federal Government as defined in section 551 of title 5, United States Code. (2) Any agency of a State government that exercises authority under Federal law, or that exercises authority under State law establishing a program approved by a Federal agency as a substitute for or supplement to a program established by Federal law. SEC. 4. PROHIBITED REGULATORY PRACTICES. (a) For purposes of this Act, ``prohibited regulatory practice'' means any action described in subsection (b)(i), (ii), or (iii) of this section. (b)(1) No employee of an Agency who has authority-- (A) to take or direct other employees to take, (B) to recommend, or (C) to approve, any regulatory action shall-- (i) take or fail to take, or threaten to take or fail to take, (ii) recommend or direct that others take or fail to take, or threaten to so recommend or direct, or (iii) approve the taking or failing to take, or threaten to so approve, such regulatory action because of any disclosure by a person subject to the action, or by any other person, of information that the person believed indicative of-- (I) violation or inconsistent application of any law, rule, regulation, policy, or internal standard; (II) arbitrary action or other abuse of authority; (III) mismanagement; (IV) Waste or misallocation of resources; (V) Inconsistent, discriminatory or disproportionate enforcement; (VI) endangerment of public health or safety; (VII personal favoritism; or (VIII) coercion for partisan political purposes; by any agency or its employees. (2) An action shall be deemed to have been taken, not taken, approved, or recommended because of the disclosure of information within the meaning of paragraph (1) if the disclosure of information was a contributing factor to the decision to take, not to take, to approve, or to recommend. SEC. 5. PROHIBITED REGULATORY PRACTICE AS A DEFENSE TO AGENCY ACTION. (a) In any administrative or judicial action or proceeding, formal or informal, by an agency to create, apply or enforce any obligation, duty or liability under any law, rule or regulation against any person, the person may assert as a defense that the agency or one or more employees of the agency have engaged in a prohibited regulatory practice with respect to the person or to a related entity in connection with the action or proceeding. (b) If the existence of a prohibited regulatory practice is established, the person may be required to comply with the obligation, duty or liability to the extent compliance is required of and enforced against other persons similarly situated, but no penalty, fine, damages, costs or other obligation except compliance shall be imposed on the person. SEC. 6. ENFORCEMENT. (a) Any agency, and any employee of an agency, engaging in a prohibited regulatory practice may be assessed a civil penalty of not more than $25,000 for each such practice. In the case of a continuing prohibited regulatory practice, each day that the practice continues shall be deemed a separate practice. (b) The President shall, by regulation, establish procedures providing for the administrative enforcement of the requirements of subsection (a) of this section. SEC. 7. CITIZEN SUITS. (a) Any person injured or threatened by a prohibited regulatory practice may commence a civil action on his own behalf against any person or agency alleged to have engaged in or threatened to engage in such practice. (b) Any action under subsection (a) of this section shall be brought in the district court for any district in which the alleged prohibited regulatory practice occurred or in which the alleged injury occurred. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to-- (1) restrain any agency or person who has engaged or is engaging in any prohibited regulatory practice; (2) order the cancellation or remission of any penalty, fine, damages, or other monetary assessment that resulted from a prohibited regulatory practice; (3) order the rescission of any settlement that resulted from a prohibited regulatory practice; (4) order the issuance of any permit or license that has been denied or delayed as a result of a prohibited regulatory practice; (5) order the agency and/or the employee engaging in a prohibited regulatory practice to pay to the injured person such damages as may be necessary to compensate the person for any harm resulting from the practice, including damages for-- (A) injury to, deterioration of, or destruction of real or personal property; (B) loss of profits from idle or underutilized resources, and from business forgone; (C) costs incurred, including costs of compliance where appropriate; (D) loss in value of a business; (E) reasonable legal, consulting and expert witness fees; or (F) payments to third parties; (6) order the payment of punitive damages, in an amount not to exceed $25,000 for each such prohibited regulatory practice, provided that, in the case of a continuing prohibited regulatory practice, each day that the practice continues shall be deemed a separate practice. SEC. 8. OFFICE OF THE SPECIAL COUNSEL. (a) Any person who has reason to believe that any employee of any agency has engaged in a prohibited regulatory practice may request the Special Counsel established by section 1211 of title 5, United States Code, to investigate. (b) The Special Counsel shall have the same power to investigate prohibited regulatory practices that it has to investigate prohibited personnel practices pursuant to section 1212 of title 5, United States Code.

Private Sector Whistleblowers' Protection Act of 1993 - Provides persons subject to regulatory action with protection against reprisal for disclosing agency waste, mismanagement, abuse of authority, or other prohibited regulatory practices.

Private Sector Whistleblowers' Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Preservation Act of 2003''. SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended-- (1) by inserting ``(1)'' after ``(d)''; (2) by striking ``Such investments may be made only'' and inserting the following: ``Except as provided in paragraph (2), such investments may be made only''; (3) by striking the last sentence; and (4) by adding at the end the following new paragraph: ``(2)(A) The Managing Trustee shall determine the annual surplus (as defined in subparagraph (B)) for each of the Trust Funds as of the end of each fiscal year. The Managing Trustee shall ensure that such annual surplus is invested, throughout the next following fiscal year, in-- ``(i) marketable interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, purchased on original issue or at the market price, or ``(ii) certificates of deposit in insured depository institutions (as defined in section 3(c)(2) of the Federal Deposit Insurance Act). ``(B) For purposes of this paragraph, the `annual surplus' for either of the Trust Funds as of the end of a fiscal year is the excess (if any) of-- ``(i) the sum of-- ``(I) in the case of the Federal Old-Age and Survivors Insurance Trust Fund, the amounts appropriated to such Trust Fund under paragraphs (3) and (4) of subsection (a) for the fiscal year, ``(II) in the case of the Federal Disability Insurance Trust Fund, the amounts appropriated to such Trust Fund under paragraphs (1) and (2) of subsection (b) for the fiscal year, and ``(III) in either case, the amount appropriated to such Trust Fund under section 121(e) of the Social Security Amendments of 1983 for the fiscal year, and any amounts otherwise credited to or deposited in such Trust Fund under this title for the fiscal year, over ``(ii) the amounts paid or transferred from such Trust Fund during the fiscal year.''. (b) Effective Date.--The amendments made by this section shall apply with respect to annual surpluses as of the end of fiscal years beginning on or after October 1, 2004. SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS FROM THE PUBLIC DEBT LIMIT. (a) Protection of Trust Funds.--Notwithstanding any other provision of law-- (1) no officer or employee of the United States may-- (A) delay the deposit of any amount into (or delay the credit of any amount to) the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits, or (B) refrain from the investment in public debt obligations of amounts in either of such Trust Funds, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations, and (2) no officer or employee of the United States may disinvest amounts in either of such Trust Funds which are invested in public debt obligations if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. (b) Protection of Benefits and Expenditures for Administrative Expenses.-- (1) In general.--Notwithstanding subsection (a), during any period for which cash benefits or administrative expenses would not otherwise be payable from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such Trust Fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of such Trust Fund are not available from month to month for making payment of such benefits or administrative expenses. (2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund pursuant to paragraph (1), the Secretary of the Treasury may issue corresponding public debt obligations to the public, in order to obtain the cash necessary for payment of benefits or administrative expenses from such Trust Fund, notwithstanding the public debt limit. (3) Advance notice of sale or redemption.--Not less than 3 days prior to the date on which, by reason of the public debt limit, the Secretary of the Treasury expects to undertake a sale or redemption authorized under paragraph (1), the Secretary of the Treasury shall report to each House of the Congress and to the Comptroller General of the United States regarding the expected sale or redemption. Upon receipt of such report, the Comptroller General shall review the extent of compliance with subsection (a) and paragraphs (1) and (2) of this subsection and shall issue such findings and recommendations to each House of the Congress as the Comptroller General considers necessary and appropriate. (c) Public Debt Obligation.--For purposes of this section, the term ``public debt obligation'' means any obligation subject to the public debt limit established under section 3101 of title 31, United States Code.

Social Security Preservation Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (social security trust funds) to ensure that the annual surplus of the Social Security Trust Funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Outlines provisions for determining the annual surplus of the Trust Funds.Prohibits disinvestment of Social Security Trust Fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such Trust Funds for public debt limit-related purposes. Authorizes, with certain conditions, the sale of Social Security Trust Fund public debt obligations for the payment of cash benefits and administrative expenses.

To amend title II of the Social Security Act to ensure the integrity of the Social Security trust funds by requiring the Managing Trustee to invest the annual surplus of such trust funds in marketable interest-bearing obligations of the United States and certificates of deposit in depository institutions insured by the Federal Deposit Insurance Corporation, and to protect such trust funds from the public debt limit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuban Humanitarian Trade Act of 2001''. SEC. 2. AMENDMENT TO EMBARGO AUTHORITY IN THE FOREIGN ASSISTANCE ACT OF 1961. Section 620(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)(1)) is amended by striking the period at the end of the second sentence and inserting the following: ``, except that any such embargo shall not apply with respect to the export of any agricultural commodity, medicines, medical supplies, medical instruments, or medical equipment, or with respect to travel incident to the delivery of agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment. As used in this paragraph, the terms `agricultural commodity' and `medicine' have the meanings given those terms in section 9 of the Cuban Humanitarian Trade Act of 2001.''. SEC. 3. LIMITATION ON EXISTING RESTRICTIONS ON TRADE WITH CUBA. Upon the enactment of this Act, any regulation, proclamation, or provision of law, including Presidential Proclamation 3447 of February 3, 1962, the Export Administration Regulations (15 CFR 730 and following), and the Cuban Assets Control Regulations (31 CFR 515), that prohibits exports to Cuba or transactions involving exports to Cuba and that is in effect on the date of the enactment of this Act, shall not apply with respect to the export to Cuba of agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment, or with respect to travel incident to the delivery of agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment. SEC. 4. LIMITATION ON THE FUTURE EXERCISE OF AUTHORITY. After the enactment of this Act, the President may not restrict the exportation to Cuba of agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment-- (1) under the Export Administration Act of 1979, except to the extent such restrictions would be permitted under section 5 of that Act for goods containing parts or components on which export controls are in effect under that section; or (2) under section 203 of the International Emergency Economic Powers Act, except to the extent the authorities under that section are exercised to restrict the export of medical instruments or medical equipment to deal with a threat to the national security of the United States by virtue of the technology incorporated in such instruments or equipment. SEC. 5. OTHER PROVISIONS OF LAW; CONFORMING AMENDMENTS. (a) Trade Sanctions Reform and Export Enhancement Act of 2000.-- (1) Inapplicability.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of such Public Law) shall not apply with respect to exports to Cuba of agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment. (2) Conforming amendments.--The Trade Sanctions Reform and Export Enhancement Act of 2000 is amended-- (A) in section 906(a)(1)-- (i) by striking ``to Cuba or''; and (ii) by inserting ``(other than Cuba)'' after ``to the government of a country''; (B) in section 908-- (i) by striking subsection (b); (ii) in subsection (a)-- (I) by striking ``Prohibition'' and all that follows through ``(1) In general.--'' and inserting ``In General.--''; (II) by striking ``for exports to Cuba or''; (III) by striking paragraph (2); and (IV) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (iii) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (C) by striking section 910; and (D) by redesignating section 911 as section 910. (b) Sanctions Under Cuban Democracy Act of 1992.-- (1) Inapplicability.--Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C. 6005(b); prohibiting certain vessels from entering United States ports) shall not apply with respect to vessels that transport agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment to Cuba, or that transport persons whose travel is incident to the delivery of agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment to Cuba. (2) Conforming amendments.--(A) Section 1705 of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended-- (i) in subsection (b)-- (I) in the subsection caption by striking ``, Donations'' and inserting ``, Exports''; and (II) by striking ``donations of food to nongovernmental organizations or individuals in Cuba'' and inserting ``exports of agricultural commodities to Cuba''; (ii) by amending subsection (c) to read as follows: ``(c) Exports of Medicines and Medical Supplies to Cuba.--Exports of medicines, medical supplies, medical instruments, or medical equipment to Cuba shall not be restricted-- ``(1) except to the extent such restrictions would be permitted-- ``(A) under section 5 of the Export Administration Act of 1979 for goods containing parts or components on which export controls are in effect under that section; or ``(B) under clause (A), (B), or (C) of section 203(b)(2) of the International Emergency Economic Powers Act; ``(2) except in a case in which there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other human rights abuses; ``(3) except in a case in which there is a reasonable likelihood that the item to be exported will be reexported; and ``(4) except in a case in which the item to be exported could be used in the production of any biotechnological product. Before imposing restrictions under this subsection, the President shall submit to the Congress a report describing the restrictions to be imposed and the reasons for the restrictions.''; and (iii) by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (B) Section 1704(b)(2)(C)(i) of the Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2)(C)(i)) is amended to read as follows: ``(i) exports of agricultural commodities to Cuba; or''. (C) Section 1704 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003) is amended by adding at the end the following: ``(c) Definitions.--As used in this section and section 1705, the terms `agricultural commodity' and `medicine' have the meanings given those terms in section 9 of the Cuban Humanitarian Trade Act of 2001.''. SEC. 6. APPLICATION OF DENIAL OF FOREIGN TAX CREDIT WITH RESPECT TO CUBA. Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba with respect to income, war profits, or excess profits taxes paid to Cuba that are attributable to activities with respect to articles permitted to be exported to Cuba, or travel incident thereto that is permitted, by virtue of the enactment of the Cuban Humanitarian Trade Act of 2001. The preceding sentence shall apply after the date which is 60 days after the date of the enactment of this sentence.''. SEC. 7. PROHIBITION ON LIMITING ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). SEC. 8. INAPPLICABILITY OF OTHER RESTRICTIONS. This Act and the amendments made by this Act apply notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)). SEC. 9. REPORT TO CONGRESS. Not later than 6 months after the date of the enactment of this Act, the President shall transmit to the Congress a report that sets forth-- (1) the extent (expressed in volume and dollar amounts) of sales to Cuba of agricultural commodities, medicines, medical supplies, medical instruments, and medical equipment, since the enactment of this Act; (2) a description of the types and end users of the goods so exported; and (3) whether there has been any indication that any medicines, medical supplies, medical instruments, or medical equipment exported to Cuba since the enactment of this Act-- (A) have been used for purposes of torture or other human rights abuses; (B) were reexported; or (C) were used in the production of any biotechnological product. SEC. 10. DEFINITIONS. In this Act: (1) Agricultural commodity.--The term ``agricultural commodity''-- (A) has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602); and (B) includes fertilizer. (2) Medicine.--The term ``medicine'' has the meaning given the term ``drug'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 7321).

Cuban Humanitarian Trade Act of 2001 - Amends the Foreign Assistance Act of 1961 to exempt from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment, or any travel incident to delivery of such items. Exempts the same items from certain authorities limiting trade with Cuba, including the President's authority restricting exports to Cuba under the Export Administration Act of 1979 or the International Emergency Economic Powers Act.Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to repeal specified sections prohibiting: (1) U.S. Government assistance, including foreign and export assistance, U.S. credit or guarantees for exports to Cuba or for commercial exports to Iran, Libya, North Korea, or Sudan; and (2) the export of agricultural commodities (including the financing of their sale), medicine, or medical devices, and travel, to Cuba (effectively allowing the export of such commodities and travel to such country).Amends the Cuban Democracy Act of 1992 to exempt the export by a country of agricultural commodities to Cuba from the prohibition against U.S. assistance to any country that provides assistance to Cuba.Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to income, war profits, or excess profits taxes paid to Cuba that are attributable to activities with respect to the permitted exports, or travel incident to such activities, under this Act.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make. Declares that this prohibition does not prohibit the prosecution or conviction of any person committing a criminal offense relating to the laundering of money or engagement in monetary transactions in property derived from unlawful activities.

To make an exception to the United States embargo on trade with Cuba for the export of agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access for Sportfishing Act of 2016''. SEC. 2. FISHERY MANAGEMENT MEASURES IN BISCAYNE NATIONAL PARK. (a) In General.--Notwithstanding anything to the contrary in section 103 of Public Law 96-287 (16 U.S.C. 410gg-2), the Secretary of the Interior may not implement or enforce any restrictions on recreational fishing, charter fishing, or commercial fishing in any portion of Biscayne National Park, developed as part of any general management plan, fishery management plan, or other measure adopted after December 31, 2014. (b) Exception.--Notwithstanding the general prohibition under subsection (a), the Secretary of the Interior may implement and enforce restrictions on recreational fishing, charter fishing, or commercial fishing in any portion of Biscayne National Park as part of a park fishery management plan if the restrictions are-- (1) developed in formal coordination and consultation with the Fish and Wildlife Conservation Commission of the State of Florida; (2) based upon the best and most recent scientific information available regarding the fishery resources in Biscayne National Park, with priority given to scientific information relied upon by the State of Florida for fish conservation and management in State waters; (3) the least restrictive measures necessary for effective fish conservation and management that will provide the best fishing opportunities in the affected areas of the park on a continuing basis, such as-- (A) size limits; (B) possession limits; (C) gear restrictions or requirements; (D) seasonal closures; and (E) access permits; and (4) for the sole purpose of fishery conservation and management. (c) Rule of Construction.--Nothing in this section may be construed to apply to lands, waters, or interests donated by the State of Florida after June 28, 1980, to the administrative jurisdiction of the National Park Service for the purpose of the Biscayne National Park. Fishing on such lands and waters shall continue to be in conformance with State law. (d) Definitions.-- (1) In general.--In this section, the terms ``fish'', ``fishery resource'', ``fishing'', ``charter fishing'', ``commercial fishing'', ``conservation and management'', and ``recreational fishing'' have the meanings given those terms in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (2) Definition of formal coordination and consultation.--In this section, the term ``formal coordination and consultation'' means a process memorialized in a memorandum of understanding between Biscayne National Park and the Fish and Wildlife Conservation Commission of the State of Florida. SEC. 3. SHARK CONSERVATION ACT OF 2010. (a) In General.--The Act entitled ``An Act to amend the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act to improve the conservation of sharks'', approved January 4, 2011 (Public Law 111-348; 124 Stat. 3668), is amended-- (1) by striking section 104 and inserting the following: ``SEC. 104. PROHIBITION ON SHARK FEEDING. ``(a) Prohibition.--Except as provided in section 317 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1866), it is unlawful for any person-- ``(1) to engage in shark feeding; or ``(2) to operate a vessel for the purpose of carrying a passenger for hire to any site to engage in shark feeding or to observe shark feeding. ``(b) Additional Prohibited Acts.--It is unlawful for any person-- ``(1) to violate this section or any regulation promulgated under this section; ``(2) to refuse to permit any officer authorized to enforce the provisions of this section to board a fishing vessel subject to such person's control for purposes of conducting any search or inspection in connection with the enforcement of this section or any regulation promulgated under the section; ``(3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (2); ``(4) to resist a lawful arrest for any act prohibited by this section; or ``(5) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section. ``(c) Limitation.--Any incidental feeding or attracting of a shark in the course of educational or scientific research conducted under a permit issued by the Secretary of Commerce or lawful fishing under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) shall not be considered a violation of this section. ``(d) Civil Penalty.--Any person who commits any act that is unlawful under subsection (a) or subsection (b) of this section shall be liable to the United States for a civil penalty under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858). ``(e) Criminal Penalty.--Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (5) of subsection (b) of this section is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1859(b)). ``(f) Enforcement.-- ``(1) In general.--The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, 1861) were incorporated into and made a part of this Act. ``(2) Penalties and privileges.--Any person who violates this section is subject to the penalties and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same manner and by the same means as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, 1861) were incorporated into and made a part of this Act. ``(g) Definitions.--In this section: ``(1) Passenger for hire.--The term `passenger for hire' has the meaning given that term in section 2101(21a) of title 46, United States Code. ``(2) Shark feeding.--The term `shark feeding' means the introduction of food or any other substance into the water to feed or attract sharks for any purpose other than to harvest sharks. ``SEC. 105. RULE OF CONSTRUCTION. ``Nothing in this Act or the amendments made by this Act shall be construed as affecting, altering, or diminishing in any way the authority of the Secretary of Commerce to establish such conservation and management measures as the Secretary considers appropriate under sections 302(a)(3) and 304(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(3) and 1854(g)).''; and (2) in section 1, by striking the item relating to section 104 and inserting the following: ``Sec. 104. Prohibition on shark feeding. ``Sec. 105. Rule of construction.''. (b) Relation to Other Laws.--Nothing in this section or the amendments made by this Act supercedes more restrictive State laws or regulations regarding shark feeding in State waters. SEC. 4. BILLFISH CONSERVATION ACT OF 2012. (a) Exemptions for Traditional Fisheries and Markets.--Section 4(c)(1) of the Billfish Conservation Act of 2012 (16 U.S.C. 1827a(c)(1)) is amended by inserting ``and retained'' after ``landed''. (b) Deadline for Issuance of Final Regulations.--The Secretary of Commerce shall issue a final rule implementing the Billfish Conservation Act of 2012 (16 U.S.C. 1827a), as amended by this Act, not later than 45 days after the date of enactment of this Act.

. Access for Sportfishing Act of 2016 (Sec.2)This bill requires the National Park Service to meet several requirements before implementing any fishing restrictions in Biscayne National Park located in Homestead, Florida. The requirements include basing any restriction on sound fisheries management, coordinating with the state of Florida, prioritizing scientific information relied upon by the state of Florida, and ensuring any restriction is the least restrictive measure necessary. (Sec.3)Additionally, the bill amends the Shark Conservation Act of 2010 to make shark feeding illegal in all U.S. waters. The bill alsoamends the Billfish Conservation Act to maintain a prohibition on the sale of marlin, sailfish, and spearfish while ensuring that the exemption for traditional fisheries does not create new markets for these species. Nothing in this bill shall affect the authority of the National Oceanic and Atmospheric Administration to establish conservation and management regulationsunder the Magnuson-Stevens Fishery Conservation and Management Act.

Access for Sportfishing Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiple Punitive Damages Fairness Act of 1995''. SEC. 2. DEFINITIONS. For purposes of this Act, the term-- (1) ``claimant'' means any person who brings a civil action and any person on whose behalf such an action is brought; if such an action is brought through or on behalf of an estate, the term includes the claimant's decedent; if such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian; (2) ``harm'' means any legally cognizable wrong or injury for which punitive damages may be imposed; (3) ``defendant'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity); (4) ``punitive damages'' means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; (5) ``specific findings of fact'' means findings in written form focusing on specific behavior of a defendant; and (6) ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, or any political subdivision thereof. SEC. 3. MULTIPLE PUNITIVE DAMAGES FAIRNESS. (a) Findings.--The Congress finds the following: (1) Multiple or repetitive imposition of punitive damages for harms arising out of a single act or course of conduct may deprive a defendant of all the assets or insurance coverage of the defendant, and may endanger the ability of future claimants to receive compensation for basic out-of-pocket expenses and damages for pain and suffering. (2) The detrimental impact of multiple punitive damages exists even in cases that are settled, rather than tried, because the threat of punitive damages being awarded results in a higher settlement than would ordinarily be obtained. To the extent this premium exceeds what would otherwise be a fair and reasonable settlement for compensatory damages, assets that could be available for satisfaction of future compensatory claims are dissipated. (3) Fundamental unfairness results when anyone is punished repeatedly for what is essentially the same conduct. (4) Federal and State appellate and trial judges, and well- respected commentators, have expressed concern that multiple imposition of punitive damages may violate constitutionally protected due process rights. (5) Multiple imposition of punitive damages may be a significant obstacle to comprehensive settlement negotiations in repetitive litigation. (6) Limiting the imposition of multiple punitive damages awards would facilitate resolution of mass tort claims involving thousands of injured claimants. (7) Federal and State trial courts have not provided adequate solutions to problems caused by the multiple imposition of punitive damages because of a concern that such courts lack the power or authority to prohibit subsequent awards in other courts. (8) Individual State legislatures can create only a partial remedy to address problems caused by the multiple imposition of punitive damages, because each State lacks the power to control the imposition of punitive damages in other States. (b) General Rule.--Except as provided in subsection (c), punitive damages shall be prohibited in any civil action in any State or Federal court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been sought or awarded against such defendant. (c) Circumstances for Award.--If the court determines in a pretrial hearing that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant, the court may award punitive damages in accordance with subsection (d). (d) Limitations on Award.--A court awarding punitive damages pursuant to subsection (c) shall-- (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action under this subsection. (e) Applicability and Preemption.--(1) Except as provided in paragraph (3), this section shall apply to-- (A) any civil action brought on any theory where punitive damages are sought based on the same act or course of conduct for which punitive damages have already been sought or awarded against the defendant; and (B) all civil actions in which the trial has not commenced before the effective date of this Act. (2) Except as provided in paragraph (3), this section shall apply to all civil actions in which the trial has not commenced before the effective date of this Act. (3) This section shall not apply to any civil action involving damages awarded under any Federal or State statute that prescribes the precise amount of punitive damages to be awarded. (4) This section shall not preempt or supersede any existing Federal or State law limiting or otherwise restricting the recovery for punitive damages to the extent that such law is inconsistent with the provisions of this section. SEC. 4. EFFECT ON OTHER LAW. Nothing in this Act shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any law; (2) supersede any Federal law; (3) waive or affect any defense of sovereign immunity asserted by the United States; (4) affect the applicability of any provision of chapter 97 of title 28, United States Code; (5) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; (6) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground of inconvenient forum; or (7) create a cause of action for punitive damages.

Multiple Punitive Damages Fairness Act of 1995 - Prohibits punitive damages in any civil action in State or Federal court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been sought or awarded against such defendant. Permits the court to award such punitive damages, subject to specified limitations, upon determining in a pretrial hearing that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant. Directs a court awarding punitive damages pursuant to such provision to: (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action. Makes this Act inapplicable to any civil action involving damages awarded under any Federal or State statute that prescribes the precise amount of punitive damages to be awarded.

Multiple Punitive Damages Fairness Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``E-Centives Act of 2008''. SEC. 2. INCREASED MATCHING PAYMENTS UNDER MEDICAID FOR HEALTH INFORMATION TECHNOLOGY. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)(3)(E), by inserting ``(other than costs attributable to programs described in subsection (bb))'' after ``costs incurred during such quarter''; and (2) by adding at the end the following new subsections: ``(aa) Enhanced Payments for Certified Health Information Technology Incentives.-- ``(1) In general.--The Secretary shall provide for payments to each State that provides incentive payments to physicians, hospitals, and community health centers that exhibit meaningful use of health information technology certified under this subsection, as determined by the measures for meaningful use of health information technology under paragraph (5). No payment may be made to a State for incentive payments made by a State for meaningful use of health information technology that occurs before January 1, 2012. ``(2) Application.--To qualify for payments under paragraph (1), a State shall submit an application in a time and manner specified by the Secretary and containing the following: ``(A) A description of the incentive payments. ``(B) A description of the method the State will use to allocate such incentive payments among physicians, hospitals, and community health centers, including how the State will prioritize payments to providers serving a high percentage of Medicaid, SCHIP, and uninsured patients. ``(C) A time line for implementing such payment incentives. ``(D) A plan for disseminating information to physicians, hospitals, and community health centers about the availability of such payment incentives. ``(E) An assessment of the current level of use of health information technology by physicians, hospitals, and community health centers in the State, using a standard assessment form developed by the Secretary. ``(F) Any other information required by the Secretary. ``(3) Amount of payments to states.-- ``(A) In general.--Subject to subparagraph (B), the payments made to States under this subsection shall be in an amount equal to the enhanced FMAP (as defined in section 2105(b)) of sums expended during any quarter commencing on or after January 1, 2012, as are attributable to providing incentive payments under paragraph (1). ``(B) Limitation.-- ``(i) Fiscal year limitation.--The total amount of payments made under this subsection shall not exceed $500,000,000 for any fiscal year. ``(ii) Allocation.--If the amounts otherwise payable under this subsection for a fiscal year exceed the amount specified in clause (i), the Secretary shall reduce the amounts payable under this subsection, in a manner specified by the Secretary, to comply with the limitation under such clause. ``(iii) Duplicative payments prohibited.-- No payment shall be made under any other provision of this title for expenditures for which payment is made under this subsection. ``(C) Manner of payment.--Payment to a State under this subsection shall be made in the same manner as payments under subsection (a). ``(4) Certification requirements for health information technology.-- ``(A) In general.--The Secretary, in consultation with the Office of the National Coordinator of Health Information Technology and the Certification Commission of Health Information Technology, shall determine the requirements for certification of health information technology under this subsection. ``(B) Interim certification requirements.--During any period in which the Secretary has not determined such certification requirements, the Secretary, for purposes of this subsection, shall use the certification requirements for health information technology established by the Certification Commission for Health Information Technology. ``(5) Measures for meaningful use of health information technology.-- ``(A) In general.--For purposes of this subsection, the Secretary shall publish standard measures of meaningful use of health information technology to be used by providers to demonstrate meaningful use of certified health information technology. Such measures may include-- ``(i) self-certification of operational use of such technology; ``(ii) the submission of (or ability to submit), in a form and manner specified by the Secretary, such information on clinical measures and data (that do not include individually identifiable health information) from such technology as indicates a meaningful utilization of such technology; and ``(iii) such other means as the Secretary may specify. ``(B) Alternative measures.--The Secretary may establish and apply different measures based on the stage of implementation or adoption of the certified health information technology involved. ``(bb) Payments for Electronic Information and Eligibility Systems and Patient Registries.-- ``(1) In general.--In addition to the payments provided under subsection (a), the Secretary shall provide for payments to each State that establishes a program to-- ``(A) design, develop, install, maintain, and operate-- ``(i) electronic information and eligibility systems; and ``(ii) patient registries for the purpose of disease screening; and ``(B) train providers in the use of such systems and registries. ``(2) Application.--To qualify for payments under paragraph (1), a State shall submit an application in such time and manner as required by the Secretary and containing such information as the Secretary specifies and include, at a minimum, a description of the electronic information and eligibility systems and patient registries covered by the program described in paragraph (1). ``(3) Amount of payments to states.-- ``(A) In general.--The payments made a State under this subsection shall be an amount equal to-- ``(i) 90 percent of so much of the sums expended by such State during any quarter commencing on or after January 1, 2009, as are attributable to-- ``(I) the design, development, or installation of electronic information and eligibility systems and patient registries under paragraph (1); and ``(II) training staff employed by providers on the use of such system or registry during the three-year period beginning on the date such system or registry is installed; and ``(ii) 75 percent of so much of the sums expended by such State during any quarter commencing on or after January 1, 2009, as are attributable to-- ``(I) the maintenance of such systems and registries; and ``(II) training for staff employed by providers on the use of a system or registry that occurs after the last day of the end of the period described in clause (i)(II). ``(B) Manner of payment.--Payment to a State under this subsection shall be made in the same manner as payments under subsection (a). ``(4) Electronic eligibility and information system defined.--For purposes of this subsection, the term `electronic eligibility and information system' means a system for determining eligibility and exchanging information that meets such requirements as the Secretary shall specify. Such requirements for a system shall include a requirement that the system-- ``(A) be interconnected and interoperable with other electronic systems and registries, including-- ``(i) systems administered by the Centers for Disease Control for disease reporting purposes; ``(ii) systems that exist for the purpose of determining eligibility for the Medicare program under title XVIII; and ``(iii) systems that exist for the purpose of determining eligibility for the Temporary Assistance for Needy Families program under title IV, free and reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), or other federally funded programs targeted to low- income populations; and ``(B) can be used to automatically send, receive, and integrate data (including laboratory results and medical histories) from systems and registries administered by other providers or organizations or through a health information exchange.''. SEC. 3. MEDICAID TRANSFORMATION PAYMENTS REPORT. (a) In General.--Not later than June 30, 2009, the Secretary of Health and Human Services shall submit to Congress a report on Medicaid transformation payments under section 1903(z) of the Social Security Act (42 U.S.C. 1396b(z)). (b) Contents.--The report under subsection (a) shall include-- (1) a description-- (A) of the financial costs and benefits of the Medicaid transformation payments; (B) of the entities to which such costs and benefits accrue; and (C) of any reduction in duplicative or unnecessary care resulting from methods adopted by States and funded by such payments; and (2) an analysis of the information contained in the reports submitted to the Secretary by States under section 1903(z)(3)(C) of the Social Security Act during the two-year period ending on December 31, 2008, including-- (A) the impact of the methods funded by the payments on-- (i) health care quality and safety; and (ii) the privacy and security of identifiable health information; (B) the effect of such methods on furthering interconnectedness between-- (i) providers and State Medicaid programs; and (ii) State Medicaid programs and other programs for low-income populations administered by State and Federal entities; (C) the extent to which such methods reduce the administrative burden on such programs; and (D) the contribution of the payments to the goals of public health and public health reporting.

E-Centives Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to make enhanced matching payments to states that provide incentive payments to physicians, hospitals, and community health centers that exhibit meaningful use of certified health information technology. Limits such payments to each state that establishes a program to: (1) design, develop, install, maintain, and operate electronic information and eligibility systems and patient registries for the purpose of disease screening; and (2) train providers in the use of such systems and registries. Directs the Secretary to report to Congress on Medicaid transformation payments.

To amend title XIX of the Social Security Act to encourage the use of certified health information technology by providers in the Medicaid and SCHIP programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Cancer Diagnosis and Treatment Act of 1994''. SEC. 2. MEDICARE COVERAGE OF PROSTATE CANCER SCREENING AND CERTAIN DRUG TREATMENTS. (a) Coverage of Screening Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 13553(a) of the Omnibus Budget Reconciliation Act of 1993 (hereafter in this Act referred to as ``OBRA-1993''), is amended-- (A) by striking ``and'' at the end of subparagraph (P); (B) by adding ``and'' at the end of subparagraph (Q); and (C) by adding at the end the following new subparagraph: ``(R) prostate cancer screening services (as defined in subsection (ll));''. (2) Services described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended-- (A) by redesignating the subsection (jj) inserted by section 4156(a)(2) of the Omnibus Budget Reconciliation Act of 1990 as subsection (kk); and (B) by inserting after such subsection the following new subsection: ``Prostate Cancer Screening Services ``(ll) The term `prostate cancer screening services' means the following procedures provided to a man for the purpose of early detection of prostate cancer: ``(1) Digital rectal examination. ``(2) Prostate-specific antigen blood test. ``(3) Transrectal ultrasonography. ``(4) Such other procedures as the Secretary may designate as appropriate for early detection of prostate cancer.''. (3) Payment amounts; limitations on frequency of coverage.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (c) the following new subsection: ``(d) Payment Amounts and Frequency Limits for Prostate Cancer Screening Services.-- ``(1) In general.--Notwithstanding any other provision of this part, with respect to expenses incurred for prostate cancer screening services (as defined in section 1861(ll))-- ``(A) payment may be made only for services provided consistent with the frequency permitted under paragraph (2); and ``(B) the amount of the payment under this part shall be equal to 80 percent of the lesser of the actual charge for the service or-- ``(i) in the case of a prostate cancer screening service consisting of a prostate- specific antigen blood test, the fee schedule amount established for the service under section 1833(h) (relating to payments for clinical diagnostic laboratory tests); or ``(ii) in the case of any other prostate cancer screening service, the amount provided under the fee schedule established by the Secretary under paragraph (3) (subject to the deductible established under section 1833(b)). ``(2) Frequency covered.-- ``(A) In general.--Subject to subparagraph (B) and to revision by the Secretary under subparagraph (C), no payment may be made under this part for a prostate cancer screening service provided to an individual for the purpose of early detection of prostate cancer-- ``(i) if the individual is under 50 years of age; or ``(ii) if the service is provided within the 11 months after a previous prostate cancer screening service. ``(B) Exception for high risk individuals.--Payment may be made under this part for a prostate cancer screening service provided to an individual more frequently than the limit established under subparagraph (A)(ii) if the individual is at a high risk of developing prostate cancer (as determined pursuant to factors identified by the Secretary). ``(C) Revision by secretary.-- ``(i) Review.--The Secretary, in consultation with the Director of the National Cancer Institute, shall review periodically the appropriate frequency for performing prostate cancer screening services based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which such services may be paid for under this subsection, but no such revision shall apply to services performed before January 1, 1998. ``(3) Establishment of fee schedule.-- ``(A) In general.--The Secretary shall establish fee schedules (on such geographic basis as the Secretary considers appropriate) for payment for prostate cancer screening services under this part (other than prostate-specific antigen blood tests), effective for services furnished after the expiration of the 90-day period beginning on the date the Secretary establishes the fee schedules. ``(B) Factors considered.--In establishing fee schedules under subparagraph (A), the Secretary shall take into consideration variations in the cost of furnishing such services among geographic areas and among different sites where services are furnished, together with such other factors as may be appropriate to assure that payment amounts are equitable. ``(4) Limiting charges of nonparticipating physicians.-- ``(A) In general.--In the case of a prostate cancer screening service provided to an individual for the purpose of early detection of prostate cancer for which payment may be made under this part, if a nonparticipating physician or supplier provides the procedure to an individual enrolled under this part, the physician or supplier may not charge the individual more than the limiting charge (as defined in section 1848(g)(2)). ``(B) Enforcement.--If a physician or supplier knowing and willfully imposes a charge in violation of subparagraph (A), the Secretary may apply sanctions against such physician or supplier in accordance with section 1842(j)(2).''. (4) Conforming amendments.--(A) Paragraphs (1)(D) and (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or section 1834(d)(1)(B)(i),''. (B) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)), as amended by section 13544(b)(2) of OBRA-1993, is amended-- (i) by striking ``and (P)'' and inserting ``(P)''; and (ii) by striking the semicolon at the end and inserting the following: ``, and (Q) with respect to prostate cancer screening services (as defined in section 1861(ll)) (other than prostate-specific antigen tests), the amounts paid shall be the amounts described in section 1834(d)(1);''. (C) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (i) by striking ``and'' at the end of paragraph (6); (ii) by striking the period at the end of paragraph (7) and inserting ``; and''; and (iii) by adding at the end the following new paragraph: ``(8) in the case of prostate cancer screening services (as defined in section 1861(ll)) (other than prostate-specific antigen tests), the amounts described in section 1834(d)(1).''. (D) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to section 1834(d), the Secretary''. (E) Section 1861(s)(2)(O) of such Act (42 U.S.C. 1395x(s)(2)(O)) is amended by striking ``(jj)'' and inserting ``(kk)''. (F) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (i) in paragraph (1)-- (I) in subparagraph (E), by striking ``and'' at the end, (II) in subparagraph (F), by striking the semicolon at the end and inserting ``, and'', and (III) by adding at the end the following new subparagraph: ``(G) in the case of prostate cancer screening services (as defined in section 1861(ll)) provided for the purpose of early detection of prostate cancer, which are performed more frequently than is covered under section 1834(d)(2);''; and (ii) in paragraph (7), by striking ``paragraph (1)(B) or under paragraph (1)(F)'' and inserting ``subparagraphs (B), (F), or (G) of paragraph (1)''. (b) Coverage of Certain Drug Treatments.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by subsection (a)(1), is further amended-- (1) by striking ``and'' at the end of subparagraph (Q); (2) by adding ``and'' at the end of subparagraph (R); and (3) by adding at the end the following new subparagraph: ``(S) an oral drug prescribed for the treatment of prostate cancer, if the use of the drug for such purpose is a medically accepted indication under subsection (t)(2);''. (c) Effective Date.--The amendments made by this section shall apply to services provided on or after January 1, 1995, without regard to whether or not the Secretary has established fee schedules under section 1834(d)(3) of the Social Security Act (as added by subsection (a)(3)) or promulgated other regulations to carry out such amendments by that date. SEC. 3. COVERAGE OF PROSTATE CANCER SCREENING AND TREATMENT SERVICES FOR VETERANS. (a) Prostate Cancer Screening and Diagnosis Defined as Preventive Health Service.--Section 1701(9) of title 38, United States Code is amended-- (1) by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph (J): ``(J) screening and diagnostic tests approved for prostate cancer;''. (b) Coverage of Prostate Cancer Screening and Treatment.-- (1) In general.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1724 a new section as follows: ``Sec. 1725. Prostate cancer screening and treatment ``(a) The Secretary shall include in the medical services made available to veterans under this chapter appropriate prostate cancer screening, counseling, treatment, and information. Based on the best available medical evidence, the Secretary shall develop and implement an appropriate prostate cancer screening schedule for those veterans confined to hospitals or other institutions. ``(b) For the purposes of this section-- ``(1) appropriate prostate cancer screening means procedures provided to a man for the purpose of early detection of prostate cancer, including digital rectal examinations, prostate-specific antigen blood tests, and transrectal ultrasonography; and ``(2) appropriate prostate cancer treatment includes drugs approved by the Food and Drug Administration for the treatment of prostate cancer. ``(c) The Secretary may carry out research and research training in the diagnosis and treatment of prostate cancer based upon the prostate cancer services provided under this section and may develop guidelines outlining effective treatment regimens for prostate cancer.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1724 the following new item: ``1725. Prostate cancer screening and treatment.''. SEC. 4. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN PROGRAMS OF PUBLIC HEALTH SERVICE. (a) National Institutes of Health.--Section 417B(c) of the Public Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first sentence by striking ``$72,000,000'' and all that follows and inserting the following: ``$72,000,000 for fiscal year 1994, $86,000,000 for fiscal year 1995, $100,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 and 1998.''. (b) Agency for Health Care Policy and Research.--Section 902 of the Public Health Service Act (42 U.S.C. 299a) is amended by adding at the end the following subsection: ``(f) Activities Regarding Prostate Cancer.--The Administrator shall, with respect to prostate cancer-- ``(1) conduct and support research on the outcomes, effectiveness, and appropriateness of health services and procedures; and ``(2) in carrying out section 912(a), provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.''.

Prostate Cancer Diagnosis and Treatment Act of 1994 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of specified prostate cancer screening services and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such screening and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.

Prostate Cancer Diagnosis and Treatment Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Benefits Fairness Act''. SEC. 2. MODIFICATIONS OF JOINT AND SURVIVOR ANNUITY REQUIREMENTS. (a) Amendments to ERISA.-- (1) Amount of annuity.-- (A) In general.--Paragraph (1) of section 205(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1055(a)) is amended by inserting ``or, at the election of the participant, shall be provided in the form of a qualified joint and \2/3\ survivor annuity'' after ``survivor annuity,''. (B) Definition.--Subsection (d) of section 205 of such Act (29 U.S.C. 1055) is amended-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, (ii) by inserting ``(1)'' after ``(d)'', and (iii) by adding at the end the following new paragraph: ``(2) For purposes of this section, the term ``qualified joint and \2/3\ survivor annuity'' means an annuity-- ``(A) for the participant while both the participant and the spouse are alive with a survivor annuity for the life of surviving individual (either the participant or the spouse) equal to 67 percent of the amount of the annuity which is payable to the participant while both the participant and the spouse are alive, ``(B) which is the actuarial equivalent of a single annuity for the life of the participant, and ``(C) which, for all other purposes of this Act, is treated as a qualified joint and survivor annuity.''. (2) Illustration requirement.--Clause (i) of section 205(c)(3)(A) of such Act (29 U.S.C. 1055(c)(3)(A)) is amended to read as follows: ``(i) the terms and conditions of each qualified joint and survivor annuity and qualified joint and \2/3\ survivor annuity offered, accompanied by an illustration of the benefits under each such annuity for the particular participant and spouse and an acknowledgement form to be signed by the participant and the spouse that they have read and considered the illustration before any form of retirement benefit is chosen,''. (b) Amendments to Internal Revenue Code.-- (1) Amount of annuity.-- (A) In general.--Clause (i) of section 401(a)(11)(A) of the Internal Revenue Code of 1986 (relating to requirement of joint and survivor annuity and preretirement survivor annuity) is amended by inserting ``or, at the election of the participant, shall be provided in the form of a qualified joint and \2/3\ survivor annuity'' after ``survivor annuity,''. (B) Definition.--Section 417 of such Code (relating to definitions and special rules for purposes of minimum survivor annuity requirements) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Definition of Qualified Joint and \2/3\ Survivor Annuity.-- For purposes of this section and section 401(a)(11), the term ``qualified joint and \2/3\ survivor annuity'' means an annuity-- ``(1) for the participant while both the participant and the spouse are alive with a survivor annuity for the life of surviving individual (either the participant or the spouse) equal to 67 percent of the amount of the annuity which is payable to the participant while both the participant and the spouse are alive, ``(2) which is the actuarial equivalent of a single annuity for the life of the participant, and ``(3) which, for all other purposes of this title, is treated as a qualified joint and survivor annuity.''. (2) Illustration requirement.--Clause (i) of section 417(a)(3)(A) of such Code (relating to explanation of joint and survivor annuity) is amended to read as follows: ``(i) the terms and conditions of each qualified joint and survivor annuity and qualified joint and \2/3\ survivor annuity offered, accompanied by an illustration of the benefits under each such annuity for the particular participant and spouse and an acknowledgement form to be signed by the participant and the spouse that they have read and considered the illustration before any form of retirement benefit is chosen,''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to plan years beginning after December 31, 1996. (2) Special rule for collectively bargained plans.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of enactment of this Act, the amendments made by this section shall apply to the first plan year beginning on or after the earlier of-- (A) the later of-- (i) January 1, 1998, or (ii) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of enactment of this Act), or (B) January 1, 1999. (3) Plan amendments.--If any amendment made by this section requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 1999, if-- (A) during the period after such amendment made by this section takes effect and before such first plan year, the plan is operated in accordance with the requirements of such amendment made by this section, and (B) such plan amendment applies retroactively to the period after such amendment made by this section takes effect and such first plan year. A plan shall not be treated as failing to provide definitely determinable benefits or contributions, or to be operated in accordance with the provisions of the plan, merely because it operates in accordance with this paragraph.

Pension Benefits Fairness Act - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to require the offer in every defined employee benefit plan of a joint and two-thirds survivor annuity option. Requires comparative disclosure of all benefit options to both spouses.

Pension Benefits Fairness Act

SECTION 1. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE RESERVOIR AVAILABLE FOR USE. (a) In General.--The Secretary of the Interior, in cooperation with the State of Wyoming, may amend the Definite Plan Report for the Seedskadee Project authorized under the first section of the Act of April 11, 1956 (commonly known as the ``Colorado River Storage Project Act'' (43 U.S.C. 620)) to provide for the study, design, planning, and construction activities that will enable the use of all active storage capacity (as may be defined or limited by legal, hydrologic, structural, engineering, economic, and environmental considerations) of Fontenelle Dam and Reservoir, including the placement of sufficient riprap on the upstream face of Fontenelle Dam to allow the active storage capacity of Fontenelle Reservoir to be used for those purposes for which the Seedskadee Project was authorized. (b) Cooperative Agreements.-- (1) In general.--The Secretary of the Interior may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out subsection (a). (2) State of wyoming.-- (A) In general.--The Secretary of the Interior shall enter into a cooperative agreement with the State of Wyoming to work in cooperation and collaboratively with the State of Wyoming for planning, design, related preconstruction activities, and construction of any modification of the Fontenelle Dam under subsection (a). (B) Requirements.--The cooperative agreement under subparagraph (A) shall, at a minimum, specify the responsibilities of the Secretary of the Interior and the State of Wyoming with respect to-- (i) completing the planning and final design of the modification of the Fontenelle Dam under subsection (a); (ii) any environmental and cultural resource compliance activities required for the modification of the Fontenelle Dam under subsection (a) including compliance with-- (I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (III) subdivision 2 of division A of subtitle III of title 54, United States Code; and (iii) the construction of the modification of the Fontenelle Dam under subsection (a). (c) Funding by State of Wyoming.--Pursuant to the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of providing any additional storage under subsection (a), the State of Wyoming shall provide to the Secretary of the Interior funds for any work carried out under subsection (a). (d) Other Contracting Authority.-- (1) In general.--The Secretary of the Interior may enter into contracts with the State of Wyoming, on such terms and conditions as the Secretary of the Interior and the State of Wyoming may agree, for division of any additional active capacity made available under subsection (a). (2) Terms and conditions.--Unless otherwise agreed to by the Secretary of the Interior and the State of Wyoming, a contract entered into under paragraph (1) shall be subject to the terms and conditions of Bureau of Reclamation Contract No. 14-06-400-2474 and Bureau of Reclamation Contract No. 14-06- 400-6193. SEC. 2. SAVINGS PROVISIONS. Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, preempts, or otherwise affects-- (1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.) (commonly known as the ``Boulder Canyon Project Act''); (2) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000); (3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.) (commonly known as the ``Boulder Canyon Project Adjustment Act''); (4) the Treaty between the United States of America and Mexico relating to the utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, and supplementary protocol signed November 14, 1944, signed at Washington February 3, 1944 (59 Stat. 1219); (5) the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31); (6) the Act of April 11, 1956 (commonly known as the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.); (7) the Colorado River Basin Project Act (Public Law 90- 537; 82 Stat. 885); or (8) any State of Wyoming or other State water law. Passed the House of Representatives July 5, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on March 14, 2016. (Sec. 1) This bill authorizes the Department of the Interior, in cooperation with the state of Wyoming, to amend the Definite Plan Report for the Seedskadee Project authorized under the Colorado River Storage Project Act to provide for the study, design, planning, and construction activities that will enable the use of all active storage capacity of Fontenelle Dam and Reservoir, including the placement of sufficient riprap on the upstream face of the Dam to allow such storage capacity to be used for authorized Project purposes. Interior may enter into: (1) any contract, grant, cooperative agreement, or other agreement that is necessary to carry out this Act; and (2) contracts with Wyoming for division of any additional active capacity made available under this Act. Interior shall enter into a cooperative agreement with Wyoming for planning, design, related preconstruction activities, and construction of any modification of the Fontenelle Dam under this Act, which shall specify the responsibilities of Interior and Wyoming regarding: (1) completing the planning and final design of such modification, (2) any environmental and cultural resource compliance activities required for such modification, and (3) the construction of such modification. As a condition of providing additional storage, Wyoming shall provide to Interior funds for any work carried out to do so.

To authorize the Secretary of the Interior to amend the Definite Plan Report for the Seedskadee Project to enable the use of the active capacity of the Fontenelle Reservoir.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Crime Reduction Act of 2007''. SEC. 2. DESIGNATION OF AND ASSISTANCE FOR HIGH-INTENSITY INTERSTATE GANG ACTIVITY AREAS. Title XV of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C 14061 et seq.) is amended by adding at the end the following new section: ``SEC. 150010. DESIGNATION OF AND ASSISTANCE FOR HIGH-INTENSITY INTERSTATE GANG ACTIVITY AREAS. ``(a) Definitions.--In this section the following definitions shall apply: ``(1) Governor.--The term `Governor' means a Governor or other chief executive officer of a State or the Mayor of the District of Columbia. ``(2) High-intensity interstate gang activity area.--The term `high-intensity interstate gang activity area' means a specified area within one or more States that is designated as a high-intensity interstate gang activity area under subsection (b)(1). ``(3) State.--The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(b) High-Intensity Interstate Gang Activity Areas.-- ``(1) Designation.--The Attorney General, after consultation with the Governors of appropriate States, may designate as a high-intensity interstate gang activity area, any specified area that is located within 1 or more States, based on the criteria for designation under paragraph (4). ``(2) Assistance.--In order to provide Federal assistance to high-intensity interstate gang activity areas, the Attorney General shall-- ``(A) establish a criminal street gang enforcement team in each high-intensity interstate gang activity area, consisting of Federal, State, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal street gangs and offenders in such area; ``(B) direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each criminal street gang enforcement team established under subparagraph (A); ``(C) provide all necessary funding for the operation of such criminal street gang enforcement teams in each high-intensity interstate gang activity area; and ``(D) provide all necessary funding for national and regional meetings of criminal street gang enforcement teams, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence, best practices, and for any other related purpose. ``(3) Composition of criminal street gang enforcement teams.--Each criminal street gang enforcement team established pursuant to paragraph (2)(A) shall consist of agents and officers, where feasible, from-- ``(A) the Federal Bureau of Investigation; ``(B) the Drug Enforcement Administration; ``(C) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; ``(D) the United States Marshals Service; ``(E) the Directorate of Border and Transportation Security of the Department of Homeland Security; ``(F) the Department of Housing and Urban Development; ``(G) State and local law enforcement; and ``(H) Federal, State, and local prosecutors. ``(4) Criteria for designation.--In considering an area for designation as a high-intensity interstate gang activity area under this section, the Attorney General shall consider-- ``(A) the current and predicted levels of gang crime activity in the area; ``(B) the extent to which violent crime in the area appears to be related to criminal street gang activity, such as drug trafficking, murder, robbery, assault, carjacking, arson, kidnapping, extortion, and other criminal activity; ``(C) the extent to which State and local law enforcement agencies have committed resources to-- ``(i) respond to the gang crime problem; and ``(ii) participate in a criminal street gang enforcement team; ``(D) the extent to which a significant increase in the allocation of Federal resources would enhance local response to the gang crime activities in the area; and ``(E) any other criteria that the Attorney General considers to be appropriate. ``(c) Additional Assistant U.S. Attorneys.--The Attorney General is authorized to hire not more than 94 additional Assistant United States attorneys to carry out the provisions of this section. Each attorney hired under this subsection shall be assigned to a high-intensity interstate gang activity area. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 3. GRANTS TO STATE AND LOCAL PROSECUTORS TO COMBAT VIOLENT CRIME AND TO PROTECT WITNESSES AND VICTIMS OF CRIMES. (a) In General.--Section 31702 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) to hire additional prosecutors to-- ``(A) allow more cases to be prosecuted; and ``(B) reduce backlogs; ``(6) to fund technology, equipment, and training for prosecutors and law enforcement in order to increase accurate identification of gang members and violent offenders, and to maintain databases with such information to facilitate coordination among law enforcement and prosecutors; and ``(7) to fund technology, equipment, and training for prosecutors to increase the accurate identification and successful prosecution of young violent offenders.''. (b) Authorization of Appropriations.--Section 31707 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as follows: ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subtitle $20,000,000 for each of the fiscal years 2008 through 2012 .''. SEC. 4. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT TO ESTABLISH STATE- WIDE CRIME PREVENTION DATABASES. Subtitle I of title XXXII of the Violent Crime Control and Law Enforcement Act of 1994 is amended by adding at the end the following new section: ``SEC. 320936. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT TO ESTABLISH STATE-WIDE CRIME PREVENTION DATABASES. ``(a) Authority to Make Grants.--The Office of Justice Programs of the Department of Justice shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to establish a State-wide database to track criminals, arrests, prosecutions, and convictions. ``(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

Violent Crime Reduction Act of 2007 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) authorize the Attorney General to designate certain areas in states with a high level of gang crime activity as high-intensity interstate gang activity areas and provide assistance to such areas; (2) provide for community-based justice grants to state and local prosecutors to hire additional prosecutors to process more violent crime cases and to fund technology, equipment, and training for prosecutors and law enforcement officials; and (3) require the Department of Justice Office of Justice Programs to award grants to establish state-wide databases to track criminals, arrests, prosecutions, and convictions.

To amend the Violent Crime Control and Law Enforcement Act of 1994 to improve efforts to reduce gang activity and violent crime.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violent Crime Intervention Act of 1994''. TITLE I--NATIONAL CRIMINAL RECORDS DATABASE SEC. 101. FINDINGS. The Congress finds that-- (1) nationwide-- (A) many State criminal record systems are not up to date and contain incomplete or incorrect information; and (B) less than 20 percent of all criminal records are fully computerized, include court dispositions, and are accessible through the Interstate Identification Index of the Department of Justice; and (2) a complete and accurate nationwide criminal record database is an essential element in fighting crime and development of such a database and is a national urgent priority. SEC. 102. STATE CRIMINAL RECORD UPGRADES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue guidelines establishing specific requirements for a State to qualify as a fully participating member of the Interstate Identification Index. (b) Minimum Requirements.--The guidelines referred to in subsection (a) shall require-- (1) that all arrest reports and final disposition orders are submitted to the State records repository within 21 days; (2) the State repository to enter these records and orders into the State database not more than 14 days after the repository receives the information; (3) the State to conduct audits, at least annually, of State criminal records to ensure that such records contain correct and complete information about every felony arrest and report the results of each audit to the Attorney General; (4) the State to certify to the Attorney General, on January 1 of each year, that the law enforcement agencies, courts, and records officials of the State are in compliance with this section; and (5) such other conditions as the Attorney General determines are necessary. (c) Fees.--A State that does not qualify as a fully participating State, pursuant to the guidelines referred to in subsection (a), within 2 years after the date on which the Attorney General issues such guidelines shall pay a user fee for each identification request made to the Interstate Identification Index in an amount equal to the average cost of a single Federal database inquiry, as determined by the Attorney General each year. SEC. 103. AUTHORIZATION. There are authorized to be appropriated $100,000,000 for fiscal years 1995 and 1996 to the Attorney General for grants to States to establish or improve their criminal record databases to qualify as a fully participating member of the Interstate Identification Index. TITLE II--LIABILITY FOR EARLY RELEASE OF VIOLENT FELONS SEC. 201. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) violent criminals often serve only a small portion of their original sentences; (2) a significant proportion of the most serious violent crimes committed in the United States are committed by criminals who have been released early from a sentence for a previous violent crime; (3) violent criminals who are released early from prison often travel to other States to commit additional violent crimes; (4) the crime and threat of crime committed by violent criminals released early from prison affects tourism, economic development, use of the interstate highway system, federally owned or supported facilities, and other commercial activities of individuals; and (5) the policies of one State regarding the early release of criminals sentenced in that State for a violent crime often affects the citizens of other States, who can influence those policies only through Federal law. (b) Purpose.--The purpose of this title is to reduce violent crime by requiring States to bear the responsibility for the consequences of releasing violent criminals before they serve the full term for which they were sentenced. SEC. 202. CAUSE OF ACTION. (a) In General.--The victim (or in the case of a homicide, the family of the victim) of a violent crime shall have a Federal cause of action in any district court against a State if the individual committing the crime-- (1) previously had been convicted by the State of a violent offense; (2) was released from incarceration prior to serving his or her full sentence for such offense; and (3) committed the violent crime before the original sentence would have expired. (b) Exception.--A State shall not be liable under subsection (a) if the State requires a violent criminal to be incarcerated for the entire term of imprisonment to which the criminal is sentenced. (c) Definition.--As used in this title, the term ``crime of violence'' has the same meaning as in section 16 of title 18, United States Code. (d) Damages.--A State shall be liable to the victim in an action brought under this title for the actual damages resulting from the violent crime, but not for punitive damages.

TABLE OF CONTENTS: Title I: National Criminal Records Database Title II: Liability for Early Release of Violent Felons Violent Crime Intervention Act of 1994 - Title I: National Criminal Records Database - Directs the Attorney General to issue guidelines establishing specific requirements for a State to qualify as a fully participating member of the Interstate Identification Index of the Department of Justice. Specifies that such guidelines shall require that: (1) all arrest reports and final disposition orders be submitted to the State records repository within 21 days; (2) the State repository enter such records and orders into the State database within 14 days after receiving the information; (3) the State conduct and report to the Attorney General on annual audits to ensure that State criminal records contain correct and complete information about every felony arrest; and (4) the State certify to the Attorney General on January 1 of each year that the law enforcement agencies, courts, and records officials of the State are in compliance. Requires a State that does not qualify as a fully participating State pursuant to such guidelines to pay a user fee for each identification request made to the Index. Authorizes appropriations to the Attorney General for grants to States to establish or improve their criminal record databases to qualify as a fully participating member. Title II: Liability for Early Release of Violent Felons - Grants the victim (or in the case of a homicide, the family of the victim) of a violent crime a Federal cause of action in any district court against a State if the individual committing the crime previously had been convicted by the State of a violent offense, was released from incarceration prior to serving his or her full sentence, and committed the violent crime before the original sentence would have expired. Immunizes a State from such liability if the State requires a violent criminal to be incarcerated for the entire term of imprisonment to which the criminal is sentenced. Makes a State liable to the victim in an action brought under this title for the actual damages resulting from the violent crime, but not for punitive damages.

Violent Crime Intervention Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanotechnology Regulatory Science Act of 2011''. SEC. 2. NANOTECHNOLOGY PROGRAM. Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following: ``SEC. 1013. NANOTECHNOLOGY REGULATORY SCIENCE PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of the Nanotechnology Regulatory Science Act of 2011, the Secretary, in consultation with the Secretary of Agriculture, shall establish within the Food and Drug Administration a program for the scientific investigation of nanomaterials included or intended for inclusion in products regulated under this Act, to address the potential toxicology of such materials, the effects of such materials on biological systems, and interaction of such materials with biological systems. ``(b) Program Purposes.--The purposes of the program established under subsection (a) shall be to-- ``(1) assess scientific literature and data on general nanomaterials interactions with biological systems and on specific nanomaterials of concern to Food and Drug Administration; ``(2) in cooperation with other Federal agencies, develop and organize information using databases and models that will facilitate the identification of generalized principles and characteristics regarding the behavior of classes of nanomaterials with biological systems; ``(3) promote intramural Food and Drug Administration programs and participate in collaborative efforts, to further the understanding of the science of novel properties at the nanoscale that might contribute to toxicity; ``(4) promote and participate in collaborative efforts to further the understanding of measurement and detection methods for nanomaterials; ``(5) collect, synthesize, interpret, and disseminate scientific information and data related to the interactions of nanomaterials with biological systems; ``(6) build scientific expertise on nanomaterials within such Administration, including field and laboratory expertise, for monitoring the production and presence of nanomaterials in domestic and imported products regulated under this Act; ``(7) ensure ongoing training, as well as dissemination of new information within the centers of such Administration, and more broadly across such Administration, to ensure timely, informed consideration of the most current science; ``(8) encourage such Administration to participate in international and national consensus standards activities; and ``(9) carry out other activities that the Secretary determines are necessary and consistent with the purposes described in paragraphs (1) through (8). ``(c) Program Administration.-- ``(1) Program manager.--In carrying out the program under this section, the Secretary, acting through the Commissioner of Food and Drugs, shall designate a program manager who shall supervise the planning, management, and coordination of the program. ``(2) Duties.--The program manager shall-- ``(A) develop a detailed strategic plan for achieving specific short- and long-term technical goals for the program; ``(B) coordinate and integrate the strategic plan with activities by the Food and Drug Administration and other departments and agencies participating in the National Nanotechnology Initiative; and ``(C) develop intramural Food and Drug Administration programs, contracts, memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for meeting the long-term challenges and achieving the specific technical goals of the program. ``(d) Reports.--Not later than March 15, 2014, the Secretary shall submit to Congress a report on the program carried out under this section. Such report shall include-- ``(1) a review of the specific short- and long-term goals of the program; ``(2) an assessment of current and proposed funding levels for the program, including an assessment of the adequacy of such funding levels to support program activities; and ``(3) a review of the coordination of activities under the program with other departments and agencies participating in the National Nanotechnology Initiative. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2013, $16,000,000 for fiscal year 2014, and $17,000,000 for fiscal year 2015. Amounts appropriated pursuant to this subsection shall remain available until expended.''.

Nanotechnology Regulatory Science Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Secretary of Health and Human Services (HHS) to establish within the Food and Drug Administration (FDA) a program for the scientific investigation of nanomaterials included or intended for inclusion in products regulated under the FFDCA to address: (1) the potential toxicology of such materials; (2) the effects of such materials on biological systems; and (3) the interaction of such materials with biological systems.

A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a nanotechnology regulatory science program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorist Release Transparency Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The detention facilities at United States Naval Station, Guantanamo Bay, Cuba, were established in 2002 for the purpose of detaining those who plan, authorize, commit, or aid in the planning, authorizing, or committing of acts of terrorism against the United States. (2) The facilities have detained individuals who have killed, maimed, or otherwise harmed innocent civilians and members of the United States Armed Forces, as well as combatants who have received specialized training in the conduct and facilitation of acts of terrorism against the United States, its citizens, and its allies. This includes 9/11 mastermind Khalid Sheik Mohammed and scores of other known terrorists. (3) The location of the detention facilities at Guantanamo Bay protects the United States, its citizens, and its allies. No prisoner has ever escaped from Guantanamo Bay. (4) On January 20, 2009, President Barack Obama issued Executive Order 13492 ordering the closure of the detention facilities at Guantanamo Bay, consistent with the national security and foreign policy interests of the United States and the interests of justice. (5) Executive Order 13492 directs the Department of State to participate in the review of each detainee to determine whether it is possible to transfer or release the individual consistent with the national security and foreign policy interests of the United States. (6) The Secretary of State is ordered to expeditiously pursue and direct negotiations and diplomatic efforts with foreign governments as are necessary and appropriate to implement Executive Order 13492. (7) Since 2009, the Department of State has played a substantial role in the review and transfer of enemy combatants from the jurisdiction of the United States to the custody or control of foreign governments through the appointment of a Special Envoy for Guantanamo Closure. (8) President Obama has released numerous detainees from Guantanamo Bay since taking office, some of whom are known or suspected to have reengaged in terrorist activity. (9) The transfer of individuals from Guantanamo Bay to foreign countries sharply increased from 2014 to 2016, bringing the number of detainees remaining at Guantanamo Bay to less than 100. (10) The administration often transfers detainees to countries in close proximity to their countries of origin. In some cases, prisoners have been relocated within blocks of United States diplomatic facilities located in countries with governments that have publicly stated no intention to monitor or restrict travel of potentially dangerous former detainees or that otherwise lack the capacity to mitigate threat potential. (11) The administration is required to notify Congress of its intent to transfer individuals detained at Guantanamo pursuant to section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) and certify that among other things, the foreign country to which the individual is proposed to be transferred has taken or agreed to take appropriate steps to substantially mitigate any risk the individual could attempt to reengage in terrorist activity or otherwise threaten the United States or its allies or interests. (12) While not required by law, the administration has classified these notifications so that only a small number of individuals are able to know their contents. (13) The information contained in such a notice does not warrant classification, given that third-party nations and the detainees themselves possess such information. (14) The decision to classify the notice and certification results in a process that is not transparent, thereby preventing the American public from knowing pertinent information about the release of these individuals. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the people of the United States deserve to know who is being released from the detention facilities at United States Naval Station, Guantanamo Bay, Cuba, their countries of origin, their destinations, and the ability of the host nation to prevent recidivism; and (2) the people of the United States deserve transparency in the manner in which the Obama Administration complies with Executive Order 13492. SEC. 4. UNCLASSIFIED NOTICE REQUIRED PRIOR TO TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES. (a) Notice Required.--Not less than 15 days prior to the transfer of any individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity, the Secretary of State shall submit to the appropriate committees of Congress an unclassified notice that includes-- (1) the name, country of origin, and country of destination of the individual; (2) the number of individuals detained at Guantanamo previously transferred to the country to which the individual is proposed to be transferred; and (3) the number of such individuals who are known or suspected to have reengaged in terrorist activity after being transferred to that country. (b) Briefing.--The Secretary of State shall brief the appropriate committees of Congress within 5 days of transmitting the notice required by subsection (a). Such briefing shall include an explanation of why the destination country was chosen for the transferee and an overview of countries being considered for future transfers. (c) Rule of Construction.--Nothing in this Act shall be construed to be inconsistent with the requirements of section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92). (d) Definitions.--In this section: (1) The term ``appropriate committees of Congress'' means the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. (2) The term ``individual detained at Guantanamo'' has the meaning given such term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114- 92).

Terrorist Release Transparency Act This bill expresses the sense of Congress that the people of the United States: (1) deserve to know who is being released from the detention facilities at U.S. Naval Station, Guantanamo Bay, Cuba, their countries of origin, their destinations, and the ability of the host nation to prevent recidivism; and (2) deserve transparency in the manner in which the Obama Administration complies with Executive Order 13492. Not less than 15 days before a detained individual's transfer to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity, the Department of State shall submit to Congress an unclassified notice that includes: the name, country of origin, and country of destination of the individual; the number of individuals detained at Guantanamo previously transferred to the country to which the individual is proposed to be transferred; and the number of such individuals who have re-engaged in terrorist activity after being transferred to that country.

Terrorist Release Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Security and Right to Know Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) the Federal Bureau of Investigation and the Agency for Toxic Substances and Disease Registry believe that the possibility of terrorist and criminal attacks on chemical plants poses a serious threat to human health, safety, and the environment; (2) limiting public access to chemical accident information does not address the underlying problem of the vulnerability of chemical plants to criminal attack; on the contrary, providing public access to chemical accident information may create substantial incentives to reduce such vulnerability; (3) there are significant opportunities to prevent criminal attack on chemical plants by employing inherently safer technologies in the manufacture and use of chemicals; such technologies may offer industry substantial savings by reducing the need for site security, secondary containment, buffer zones, mitigation, and liability insurance; (4) chemical plants have a general duty to design and maintain safe facilities to prevent criminal activity that may result in harm to human health, safety and the environment; and (5) if the Attorney General determines that chemical plants have not taken adequate actions to protect themselves from criminal attack, the Attorney General must establish a program to ensure that such actions are taken. SEC. 3. PREVENTION OF CRIMINAL RELEASES. (a) Purpose and General Duty.--Section 112(r)(1) of the Clean Air Act (42 U.S.C. 7412(r)(1)) is amended by striking the second sentence and inserting the following: ``Each owner and each operator of a stationary source that produces, processes, handles, or stores such a substance has a general duty in the same manner and to the same extent as the duty imposed under section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654) to identify hazards that may result from an accidental release or criminal release using appropriate hazard assessment techniques, to ensure design and maintenance of safe facilities taking such actions as are necessary to prevent accidental releases and criminal releases, and to minimize the consequences of any accidental release or criminal release that does occur.''. (b) Definitions.--Section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Criminal release.--The term `criminal release' means-- ``(i) a release of a regulated substance from a stationary source into the environment that is caused, in whole or in part, by a criminal act; and ``(ii) a release into the environment of a regulated substance that has been removed from a stationary source, in whole or in part, by a criminal act. ``(C) Design and maintenance of safe facilities.-- The term `design and maintenance of safe facilities' means, with respect to the facilities at a stationary source, the practices of-- ``(i) preventing or reducing the vulnerability of the stationary source to a release of a regulated substance through use of inherently safer technology to the maximum extent practicable; ``(ii) reducing any vulnerability of the stationary source that remains after taking the measures described in clause (i) through secondary containment, control, or mitigation equipment to the maximum extent practicable; ``(iii) reducing any vulnerability of the stationary source that remains after taking the measures described in clauses (i) and (ii) by-- ``(I) making the facilities impregnable to intruders to the maximum extent practicable; and ``(II) improving site security and employee training to the maximum extent practicable; and ``(iv) reducing the potential consequences of any vulnerability of the stationary source that remains after taking the measures described in clauses (i) through (iii) through the use of buffer zones between the stationary source and surrounding populations (including buffer zones between the stationary source and residences, schools, hospitals, senior centers, shopping centers and malls, sports and entertainment arenas, public roads and transportation routes, and other population centers). ``(D) Use of inherently safer technology.-- ``(i) In general.--The term `use of inherently safer technology' means use of a technology, product, raw material, or practice that, as compared to the technology, products, raw materials, or practices currently in use-- ``(I) reduces or eliminates the possibility of release of a toxic, volatile, corrosive, or flammable substance prior to secondary containment, control, or mitigation; and ``(II) reduces or eliminates the hazards to public health and the environment associated with the release or potential release of a substance described in subclause (I). ``(ii) Inclusions.--The term `use of inherently safer technology' includes input substitution, process redesign, product reformulation, procedure simplification, and technology modification so as to-- ``(I) use less hazardous or benign substances; ``(II) moderate pressures or temperatures; ``(III) reduce the likelihood and potential consequences of human error; ``(IV) improve inventory control and chemical use efficiency; and ``(V) reduce or eliminate storage, transportation, and handling of hazardous chemicals.''. (c) Determination and Regulations.--Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended by adding at the end the following: ``(12) Prevention of criminal releases.-- ``(A) Determination of adequacy.--Not later than 1 year after the date of enactment of this paragraph, the Attorney General, in consultation with the Administrator, shall determine whether the owners or operators of stationary sources have taken adequate actions, including the design and maintenance of safe facilities, to detect, prevent, and minimize the consequences of criminal releases that may cause substantial harm to public health, safety, and the environment. ``(B) Chemical security regulations.--If the Attorney General determines, under subparagraph (A), that adequate actions have not been taken, the Attorney General, in consultation with the Administrator, shall promulgate, not later than 2 years after the date of enactment of this paragraph, requirements to ensure that owners or operators of stationary sources take adequate actions, including the design and maintenance of safe facilities, to detect, prevent, and minimize the consequences of criminal releases that may cause substantial harm to public health, safety, and the environment.''. (d) Public Right-to-Know.--Effective 3 years after the enactment of this Act section 112(r)(7)(H) of the Clean Air Act is amended to read as follows: ``(H) Public access to risk management plans.--The Administrator shall make each risk management plan submitted to the Administrator by an owner or operator of a stationary source under subparagraph (B) available to the public in electronic form on the Internet. The Administrator shall also make a paper version of each such plan available to the public at appropriate offices of the Environmental Protection Agency and permit members of the public to make copies of such plan or any portion thereof.''. SEC. 4. REGULATIONS. The Administrator of the Environmental Protection Agency and the Attorney General may promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator of the Environmental Protection Agency and the Attorney General such sums as are necessary to carry out this Act and the amendments made by this Act, to remain available until expended.

Requires the Administrator of the Environmental Protection Agency to make risk management plans submitted by certain stationary source owners or operators publicly available.

Chemical Security and Right to Know Act of 2000

SECTION 1. SHORT TITLE; REFERENCE TO INTERNAL REVENUE CODE. (a) Short Title.--This Act may be cited as the ``Family Farm Retirement Equity Act of 1993''. (b) Reference to Internal Revenue Code of 1986.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. ROLLOVER OF GAIN FROM SALE OF FARM ASSETS TO INDIVIDUAL RETIREMENT PLANS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by inserting after section 1034 the following new section: ``SEC. 1034A. ROLLOVER OF GAIN ON SALE OF FARM ASSETS INTO ASSET ROLLOVER ACCOUNT. ``(a) Nonrecognition of Gain.--If a taxpayer has a qualified net farm gain from the sale of a qualified farm asset, then, at the election of the taxpayer, gain (if any) from such sale shall be recognized only to the extent such gain exceeds the contributions-- ``(1) to 1 or more asset rollover accounts of the taxpayer for the taxable year in which such sale occurs, and ``(2) not in excess of the limits under subsection (c). ``(b) Asset Rollover Account.-- ``(1) General rule.--Except as provided in this section, an asset rollover account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(2) Asset rollover account.--For purposes of this title, the term `asset rollover account' means an individual retirement plan which is designated at the time of the establishment of the plan as an asset rollover account. Such designation shall be made in such manner as the Secretary may prescribe. ``(c) Contribution Rules.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to an asset rollover account. ``(2) Aggregate contribution limitation.--Except in the case of rollover contributions, the aggregate amount for all taxable years which may be contributed to all asset rollover accounts established on behalf of an individual during a qualified period shall not exceed-- ``(A) $500,000 ($250,000 in the case of a separate return by a married individual), reduced by ``(B) the amount by which the aggregate value of the assets held by the individual (and spouse) in individual retirement plans (other than asset rollover accounts) exceeds $100,000. ``(3) Annual contribution limitations.-- ``(A) General rule.--The aggregate contribution which may be made in any taxable year to all asset rollover accounts shall not exceed the lesser of-- ``(i) the qualified net farm gain for the taxable year, or ``(ii) an amount determined by multiplying the number of years the taxpayer is a qualified farmer by $10,000. ``(B) Spouse.--In the case of a married couple filing a joint return under section 6013 for the taxable year, subparagraph (A) shall be applied by substituting `$20,000' for `$10,000' for each year the taxpayer's spouse is a qualified farmer. ``(4) Time when contribution deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a contribution to an asset rollover account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(d) Qualified Net Farm Gain; Etc.--For purposes of this section-- ``(1) Qualified net farm gain.--The term `qualified net farm gain' means the lesser of-- ``(A) the net capital gain of the taxpayer for the taxable year, or ``(B) the net capital gain for the taxable year determined by only taking into account gain (or loss) in connection with a disposition of a qualified farm asset. ``(2) Qualified farm asset.--The term `qualified farm asset' means an asset used by a qualified farmer in the active conduct of the trade or business of farming (as defined in section 2032A(e)). ``(3) Qualified farmer.-- ``(A) In general.--The term `qualified farmer' means a taxpayer who-- ``(i) during the 5-year period ending on the date of the disposition of a qualified farm asset materially participated in the trade or business of farming, and ``(ii) 50 percent or more of such trade or business is owned by the taxpayer (or his spouse) during such 5-year period. ``(B) Material participation.--For purposes of this paragraph, a taxpayer shall be treated as materially participating in a trade or business if the taxpayer meets the requirements of section 2032A(e)(6). ``(4) Rollover contributions.--Rollover contributions to an asset rollover account may be made only from other asset rollover accounts. ``(e) Distribution Rules.--For purposes of this title, the rules of paragraphs (1) and (2) of section 408(d) shall apply to any distribution from an asset rollover account. ``(f) Individual Required To Report Qualified Contributions.-- ``(1) In general.--Any individual who-- ``(A) makes a contribution to any asset rollover account for any taxable year, or ``(B) receives any amount from any asset rollover account for any taxable year, shall include on the return of tax imposed by chapter 1 for such taxable year and any succeeding taxable year (or on such other form as the Secretary may prescribe) information described in paragraph (2). ``(2) Information required to be supplied.--The information described in this paragraph is information required by the Secretary which is similar to the information described in section 408(o)(4)(B). ``(3) Penalties.--For penalties relating to reports under this paragraph, see section 6693(b).''. (b) Contributions Not Deductible.--Section 219(d) of the Internal Revenue Code of 1986 (relating to other limitations and restrictions) is amended by adding at the end thereof the following new paragraph: ``(5) Contributions to asset rollover accounts.--No deduction shall be allowed under this section with respect to a contribution under section 1034A.''. (c) Excess Contributions.-- (1) In general.--Section 4973 of the Internal Revenue Code of 1986 (relating to tax on excess contributions to individual retirement accounts, certain section 403(b) contracts, and certain individual retirement annuities) is amended by adding at the end the following new subsection: ``(d) Asset Rollover Accounts.--For purposes of this section, in the case of an asset rollover account referred to in subsection (a)(1), the term `excess contribution' means the excess (if any) of the amount contributed for the taxable year to such account over the amount which may be contributed under section 1034A.''. (2) Conforming amendments.-- (A) Section 4973(a)(1) of such Code is amended by striking ``or'' and inserting ``an asset rollover account (within the meaning of section 1034A), or''. (B) The heading for section 4973 of such Code is amended by inserting ``asset rollover accounts,'' after ``contracts''. (C) The table of sections for chapter 43 of such Code is amended by inserting ``asset rollover accounts,'' after ``contracts'' in the item relating to section 4973. (d) Technical Amendments.-- (1) Paragraph (1) of section 408(a) of the Internal Revenue Code of 1986 (defining individual retirement account) is amended by inserting ``or a qualified contribution under section 1034A,'' before ``no contribution''. (2) Subparagraph (A) of section 408(d)(5) of such Code is amended by inserting ``or qualified contributions under section 1034A'' after ``rollover contributions''. (3)(A) Section 6693(b)(1) of such Code is amended by inserting ``or 1034A(f)(1)'' after ``408(o)(4)'' in subparagraph (A). (B) Section 6693(b)(2) of such Code is amended by inserting ``or 1034A(f)(1)'' after ``408(o)(4)''. (4) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1034 the following new item: ``Sec. 1034A. Rollover of gain on sale of farm assets into asset rollover account.''. (e) Effective Date.--The amendments made by this section shall apply to sales and exchanges after the date of enactment of this Act.

Family Farm Retirement Equity Act of 1993 - Amends the Internal Revenue Code with respect to nontaxable exchanges to allow the rollover of gain from the sale of a qualified farm asset into one or more individual retirement plans, to be known as asset rollover accounts. Denies an itemized deduction for contributions to such accounts and sets forth contribution limitations. Provides that rollover contributions to an asset rollover account may be made only from other such accounts. Sets forth reporting requirements for individuals making contributions to such accounts and taxes excess contributions.

Family Farm Retirement Equity Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Partners Next Door Act of 2005''. SEC. 2. COMMUNITY PARTNERS NEXT DOOR PROGRAM. (a) Discount and Downpayment Assistance for Teachers and Public Safety Officers.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and (2) by inserting after paragraph (6) the following new paragraph: ``(7) 50 percent discount for teachers and public safety officers purchasing properties that are eligible assets.-- ``(A) Discount.--A property that is an eligible asset and is sold to a teacher or public safety officer for use in accordance with subparagraph (B) shall be sold at a price that is equal to 50 percent of the appraised value of the eligible property (as determined in accordance with paragraph (6)(B)). In the case of a property eligible for both a discount under this paragraph and a discount under paragraph (6), the discount under paragraph (6) shall not apply. ``(B) Primary residence.--An eligible property sold pursuant to a discount under this paragraph shall be used, for not less than the 3-year period beginning upon such sale, as the primary residence of a teacher or public safety officer. ``(C) Sale methods.--The Secretary may sell an eligible property pursuant to a discount under this paragraph-- ``(i) to a unit of general local government or nonprofit organization (pursuant to paragraph (4) or otherwise), for resale or transfer to a teacher or public safety officer; or ``(ii) directly to a purchaser who is a teacher or public safety officer. ``(D) Resale.--In the case of any purchase by a unit of general local government or nonprofit organization of an eligible property sold at a discounted price under this paragraph, the sale agreement under paragraph (8) shall-- ``(i) require the purchasing unit of general local government or nonprofit organization to provide the full benefit of the discount to the teacher or public safety officer obtaining the property; and ``(ii) in the case of a purchase involving multiple eligible assets, any of which is such an eligible property, designate the specific eligible property or properties to be subject to the requirements of subparagraph (B). ``(E) Mortgage downpayment assistance.--If a teacher or public safety officer purchases an eligible property pursuant to a discounted sale price under this paragraph and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203 the downpayment on such mortgage shall be $100. ``(F) Higher fha loan limit for purchase of eligible properties in high-cost areas.-- ``(i) In general.--Notwithstanding any other provision of this title relating to the maximum amount of the principal obligation of a mortgage that may be insured under this title, in the case of an eligible property that is located in a high-cost area and is purchased pursuant to a discounted sale price under this paragraph, the Secretary may insure a mortgage for the purchase of such eligible property that involves a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount not exceeding 150 percent of the limitation on such principal obligation otherwise applicable under section 203(b)(2)(A). ``(ii) High-cost area.--For purposes of this subparagraph, the term `high-cost area' means any area for which the median 1-family house price in the area exceeds the maximum amount limitation on the principal obligation of a mortgage determined at such time under section 203(b)(2)(A)(ii). ``(G) Prevention of undue profit.--The Secretary shall issue regulations to prevent undue profit from the resale of eligible properties in violation of the requirement under subparagraph (B). ``(H) Definitions.--For the purposes of this paragraph, the following definitions shall apply: ``(i) The term `eligible property' means an eligible asset described in paragraph (2)(A) of this subsection. ``(ii) The term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(iii) The term `teacher' means an individual who is employed on a part- or full- time basis as a teacher, teacher assistant, or administrator in a public or private school that provides elementary or secondary education, as determined under State law, except that elementary education shall include pre-Kindergarten education, and except that secondary education shall not include any education beyond grade 12. ``(I) Program integrity.--Notwithstanding any other provision of this paragraph, the Secretary may suspend the applicability of this paragraph for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity.''. (b) Conforming Amendments.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) in paragraph (4)(B)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; (2) in paragraph (5)(B)(i), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; and (3) in paragraph (6)(A), by striking ``paragraph (8)'' and inserting ``paragraph (9)''. (c) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section. SEC. 3. TEACHER AND PUBLIC SAFETY OFFICER AWARENESS CAMPAIGN. (a) In General.--The Secretary of Housing and Urban Development, in coordination with the Secretary of Education and the Attorney General, shall carry out a program of activities to inform and educate teachers and public safety officers of the availability and terms of the program established by the amendments made by section 2. (b) Eligible Activities.--Amounts made available for the program under this section may be used only for activities designed to accomplish the purpose specified in subsection (a), which may include public service announcements, bus tours, advertising in teacher or public safety officer journals, development of web sites, establishment of toll-free telephone numbers for providing information, and such other activities as the Secretary of Housing and Urban Development may consider appropriate. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Housing and Urban Development for each of fiscal years 2006 through 2013 such sums as may be necessary for carrying out the program under this section.

Community Partners Next Door Act of 2005 - Amends the National Housing Act to provide: (1) a 50% discount for teachers, teacher assistants, administrators, and public safety officers purchasing certain eligible asset properties for use as their primary residence; (2) a $100 downpayment on any related insured mortgage; and (3) a higher Federal Housing Administration (FHA) loan limit for such purchases in high-cost areas. Authorizes such sales directly to a qualifying individual or to a unit of local government or a nonprofit organization for resale to such individual. Directs the Secretary of Housing and Urban Development (HUD) to carry out a program to inform teachers and public safety officers about such program.

To assist teachers and public safety officers in obtaining affordable housing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Access to Formulated and Effective Compounded Drugs Act of 2012'' or the ``S.A.F.E. Compounded Drugs Act of 2012''. SEC. 2. ENHANCED REQUIREMENTS FOR COMPOUNDED DRUGS. (a) In General.--Section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a) is amended-- (1) in subsection (a)(1)(A), by inserting ``that is registered with the Secretary under subsection (b)(6) (or is subject to the exception under subsection (b)(6)(C))'' after ``State licensed pharmacy''; (2) in subsection (b)-- (A) in paragraph (1)(D), by striking ``regularly or in inordinate amounts (as defined by the Secretary)''; and (B) by adding at the end the following: ``(4) Notification.-- ``(A) Prescriber notification.--Before providing a prescription order for a drug to be compounded under subsection (a), the physician or other licensed practitioner who will write such order shall-- ``(i) inform the individual patient for whom such order is being written that a compounded drug is being prescribed; and ``(ii) provide such patient with a written document containing information concerning the availability, safety, and production of compounded drugs. ``(B) Confirmation by pharmacist.--Except in the case of a compounded drug product used in a procedure described in subparagraph (C), a licensed pharmacist or licensed physician who dispenses a compounded drug under subsection (a) shall, at the time such drug is dispensed-- ``(i) confirm that the patient (or the individual to whom the drug is delivered on behalf of the patient) understands that the drug is a compounded drug; and ``(ii) provide a written document containing the information described in subparagraph (A)(ii). ``(C) Provider notification.--Prior to providing a health care service that will be conducted by a health care provider in a health care setting (such as a hospital or a physician's office) and during which service a drug compounded under subsection (a) will be administered to a patient for purposes of treating such patient, the health care provider shall-- ``(i) inform the patient that a compounded drug will be used during the procedure; and ``(ii) provide such patient with a written document containing the information described in subparagraph (A)(ii). ``(5) Labeling.-- ``(A) In general.--A drug product compounded under subsection (a) shall be clearly labeled as a `non-FDA approved compounded drug product'. ``(B) Development of requirements.--In determining the requirements for the label under subparagraph (A), the Secretary-- ``(i) shall establish, and consult with, a temporary advisory committee on compounded drug product labeling requirements; and ``(ii) may establish different labeling requirements for-- ``(I) a compounded drug product intended for use by a health care provider in an office or treatment setting; and ``(II) a compounded drug product intended for any use not described in subclause (I). ``(6) Registration.-- ``(A) Establishment of process.--The Secretary, in consultation with experts and representatives of stakeholders including pharmacies, compounding pharmacies, State regulators, and health care providers, shall establish a process for pharmacies described in subsection (a)(1)(A) to register as a compounding pharmacy. Such registration shall be conducted through an electronic method. ``(B) Registration requirement.--Except as provided in subparagraph (C), in order to be registered with the Secretary for purposes of subsection (a)(1)(A), every person who owns or operates a pharmacy shall submit to the Secretary, in such time and manner as the Secretary may require-- ``(i) contact information for the pharmacy; ``(ii) the State or States that the pharmacy is licensed in; ``(iii) the methods used by the facility in compounding; and ``(iv) any additional information required by the Secretary, which may include the quantity of product compounded at such pharmacy for the purpose of determining if a drug manufacturing facility is inappropriately registering as a compounding pharmacy. ``(C) Exception.--A pharmacy shall be exempt from the requirement to register under subsection (a)(1)(A) if the pharmacy-- ``(i) employs fewer than 20 full-time employees (or 20 full-time equivalents); and ``(ii) performs traditional compounding of drug products for use in a single State.''; and (3) by adding at the end the following: ``(g) Database.-- ``(1) In general.--The Secretary shall establish and maintain a database of information on pharmacies compounding drug products under subsection (a) that are licensed in more than one State, including-- ``(A) the minimum standards for a compounding pharmacy license in each State; ``(B) relevant information provided to the Secretary by State agencies that regulate pharmacies; and ``(C) other information determined relevant by the Secretary. ``(2) Design.--The database under paragraph (1)-- ``(A) shall be accessible, as determined appropriate by the Secretary, to State agencies that regulate pharmacies that compound drug products; ``(B) shall enable States and the Secretary to share information to ensure appropriate oversight of pharmacies that compound drug products; and ``(C) shall be used by the Secretary to inform the Federal inspection and oversight of pharmacies that compound drug products to ensure that issues and pharmacies identified in the database receive appropriate oversight. ``(h) Minimum Standards.-- ``(1) The Secretary shall establish minimum standards for the safe production of compounded drug products. ``(2) The Secretary shall determine these minimum standards and shall determine the drug products that must meet the minimum standards. ``(3) The standards may include but is not limited to the intended route of administration and if the drug is sterile or non-sterile. If appropriate, the Secretary may consider the different types of drug products and set appropriate minimum standards for specific drug types or drug uses. ``(i) Training.--The Secretary shall conduct a series of regional training opportunities for State agencies that regulate pharmacies that compound drug products. These training opportunities should include information on the minimum standards discussed in (h), sample inspection protocol, and recordkeeping to facilitate the inclusion of State findings and inspections into the database discussed in (g).''. (b) Deadlines and Advisory Committees.-- (1) Deadline for issuance of regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue regulations to implement-- (A) paragraphs (4) and (5) of section 503A(b) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a); and (B) subsection (g) of section 503A of such Act. (2) Labeling advisory committee.-- (A) Establishment.--The Secretary of Health and Human Services shall establish an advisory committee on labeling (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) of compounded drug products and shall consult such committee in the development of the regulations under paragraph (1)(A). (B) Membership.--The advisory committee shall include representatives of patients or consumers, health care providers, compounding pharmacies, State agencies that regulate compounding pharmacies, and at least one member with expertise on clearly communicating information in such labeling of drugs. (C) Meetings.--The advisory committee shall hold an initial meeting not later than 6 months after the date of enactment of this Act. (D) Recommendations.--Not later than 12 months after the date of enactment of this Act, the advisory committee shall submit to the Secretary of Health and Human Services recommendations on the regulations under paragraph (1)(A), including recommendations on the type of information and language that should be included on the labels of drug products that are compounded pursuant to section 503A of the Federal Food, Drug, and Cosmetic Act. (E) Termination.--The advisory committee under this subparagraph shall terminate upon the submission of the recommendations under subparagraph (D). (3) Database advisory committee.-- (A) Establishment.--The Secretary of Health and Human Services shall establish an advisory committee on the database described in section 503A(g) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), and shall consult such committee in the development of the regulations under paragraph (1)(B). (B) Membership.--The advisory committee shall include representatives of patients or consumers, health care providers, compounding pharmacies, State agencies that regulate compounding pharmacies, and information technology experts. (C) Meetings.--The advisory committee shall hold an initial meeting not later than 6 months after the date of enactment of this Act. (D) Recommendations.--Not later than 12 months after the date of enactment of this Act, the advisory committee shall submit to the Secretary of Health and Human Services recommendations on the regulations under paragraph (1)(B). (E) Termination.--The advisory committee under this subparagraph shall terminate upon the submission of the recommendations under subparagraph (D). (4) Permanent advisory committee on pharmacy compounding.-- The Secretary shall convene the Advisory Committee on Pharmacy Compounding as appropriate to consider issues related to the safety and availability of compounded drug products. SEC. 3. REPORTS AND STUDIES. (a) Biannual Reports.--Not later than 6 months after the date of enactment of this Act, and at the end of each succeeding 6-month period that ends before the 25th month after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report on the status of the implementation of the requirements of this Act, and the amendments made by this Act. (b) Third-Party Accreditation.--Not later than 12 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report that contains-- (1) a review of the standards used by organizations that provide accreditation to compounding pharmacies; and (2) an evaluation of the effectiveness of such standards in ensuring the production of safe and effective compounded drug products. (c) Structure of State Oversight.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Congress a report that contains-- (1) a review of the models used by States to structure their oversight of pharmacies that compound drug products, including the structure of the agency or office responsible for oversight and its relationship with the industry that it regulates; and (2) consideration of how the structure and relationship of State regulators may impact the development and enforcement of regulations to ensure safe compounded drug products. (d) GAO Report.--The Comptroller General of the United States shall review-- (1) the extent to which Federal health care programs (as such term is defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b)) ensure that compounded drug products which are paid for by such programs are compounded in facilities that comply with the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) whether the reimbursement rates for compounded drug products under such Federal health care programs are appropriate, taking into consideration the cost of production of such compounded drug products; and (3) whether such Federal health care programs encourage the use of compounded drug products in place of otherwise available lawfully marketed drug products. SEC. 4. PROHIBITIONS AND PENALTIES. (a) Prohibition of Violations of Section 503A.--Section 301(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(d)) is amended by inserting ``503A,'' before ``505,''. (b) Penalties.--Section 303(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at the end the following: ``(8) Notwithstanding subsection (a), any person who violates section 301(d) with respect to any compounded drug product-- ``(A) knowingly and intentionally to defraud or mislead; or ``(B) with conscious or reckless disregard of a risk of death or serious bodily injury, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.''.

Supporting Access to Formulated and Effective Compounded Drugs Act of 2012 or S.A.F.E. Compounded Drugs Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounded drugs. Eliminates authority for compounding pharmacies to compound any drug product that is a copy of a commercially available drug. Establishes notification requirements before a patient is prescribed, dispensed, or administered a compounded drug, which must include providing the patient a document concerning the availability, safety, and production of such drugs. Requires a drug product compounded under the FFDCA to be clearly labeled as a “non-FDA approved compounded drug product.” Authorizes the Secretary of Health and Human Services (HHS) to establish different labeling requirements for compounded drugs. Requires the Secretary to establish a process for pharmacies to register as compounding pharmacies. Exempts pharmacies that employ fewer than 20 full-time employees and perform traditional compounding of drug products for use in a single state. Requires the Secretary to: (1) establish a database of information on compounding pharmacies licensed in more than one state for oversight purposes, (2) establish minimum standards for the safe production of compounded drugs as well as for which drugs must meet those standards, and (3) conduct regional training for state agencies that regulate compounding pharmacies. Directs the Secretary to establish advisory committees on labeling of compounded drugs and on the database under this Act. Requires the Secretary to convene an Advisory Committee on Pharmacy Compounding as appropriate to consider issues related to the safety and availability of compounded drugs.

To amend chapter V of the Federal Food, Drug, and Cosmetic Act to enhance the requirements for pharmacies that compound drug products.

That this Act shall be known as the ``Grassroots Campaigning and Election Reform Act of 1993''. reliance on in-state contributions Sec. 2. (a) Chapter 2, section 441 of title 2, United States Code, is amended by inserting a new subsection (h), and relettering subsequent sections appropriately: ``(h)(1) It shall be unlawful for any candidate for the Senate of the United States or the House of Representatives of the United States to solicit or accept any funds for the purposes of election to the Senate or the House of Representatives from any individual, organization, or political action committee that does not reside or have its headquarters within the State from which such candidate seeks election. ``(2) Each contributor to a candidate under the terms of paragraph (1) of this subsection shall provide evidence of the State of residence of such contributor, pursuant to limits described in paragraph (3) of this subsection. ``(3)(A) For the purpose of determining the accuracy of any declaration of residence by a contributor, each candidate for the Congress of the United States shall maintain records of the home State of each contributor. ``(B) It shall be presumed that a contributor is a resident of the candidate's State if the contribution is made in the form of a check drawn on a bank within such State, and if the contribution is physically presented to the candidate or his agent in such State or mailed in an envelope postmarked in such State. ``(C) For any contribution in cash in excess of $99, such name and address shall be accompanied by a notarized statement attesting to the accuracy of such name and address. ``(D) Notwithstanding the provisions of subparagraph (B) of this subsection, any contribution in excess of $499 shall be accompanied by a notarized statement attesting to the accuracy of the name and address of the contributor. ``(E) Any contribution from a political party to a candidate shall be accompanied by a notarized statement as to the residence of the contributors of such funds. ``(4) Any contribution that fails to meet the criteria described in paragraph (3) of this subsection shall, within ten days of receipt, be returned to the contributor, if known, or given to a nonpolitical health or educational charitable organization of the candidate's choice within the candidate's State. ``(5) Each violation of this section shall subject the candidate to a civil penalty of $1,000''. (b)(1) As of January 31, 1993, each Member of the Senate of the United States elected in 1992 and each Member of the House of Representatives of the United States shall rebate to each Member's contributors, on a pro rata basis, all campaign funds retained as of January 1, 1993, or donate such funds to a nonpolitical health or educational charitable organization of the Member's choice within the Member's State. (2) As of January 31, 1993, each Member of the Senate of the United States who was not a candidate for election in 1992 shall rebate to each Member's contributors, on a pro rata basis, all campaign funds raised as of such date, or donate such funds to a nonpolitical health or educational charitable organization of the Member's choice within the Member's State. (3) Any funds not rebated or contributed pursuant to this subsection shall subject the Member to a civil penalty equal to twice the sums involved. limitations on political action committees Sec. 3. (a) Chapter 2, section 441b of title 2, United States Code, is amended by deleting all of the text following subsection (b)(2)(B). (b) Chapter 2, section 441a(a)(2) of title 2, United States Code, is amended by striking out ``5,000'' and inserting in lieu thereof ``500'' in subsection (A), and by placing a period after the word ``committee'' and striking all that follows in subsection (C). (c) Chapter 2, section 441b of title 2, United States Code, is amended by inserting the following as a new subparagraph ``(C)'': ``(c) It is unlawful for any bank, labor organization, or corporation referred to in subparagraph (a) of this section to make any contribution or expenditure for the establishment, administration, or solicitation of contributions to any political committee.''. use of personal wealth for campaign purposes Sec. 4. Chapter 2, section 441 of title 2, United States Code, is amended by inserting a new subsection (i), and relettering subsequent sections appropriately: ``(i)(1)(A) Within fifteen days after a candidate qualifies for the ballot, under applicable State law, such candidate shall file with the Commission, a declaration stating whether or not such candidate intends to expend, in the aggregate: ``(i) At least $250,000, if a candidate for the Senate of the United States, or ``(ii) At least $100,000, if a candidate for the House of Representatives of the United States, from his personal funds, and the funds of his immediate family, and incur personal loans in excess of such amount, in connection with his campaign for such office. ``(B) For purposes of this subsection, `immediate family' means a candidate's spouse, and any child, stepchild, parent, grandparent, brother, sister, half-brother, or half-sister of the candidate, and the spouse of any such person and any child, stepchild, parent, grandparent, brother, half-brother, sister, of half-sister of the candidate's spouse, and the spouse of any such person. ``(C) The statement required by this subsection shall be in such form, and shall contain such information, as the Commission may, by regulation, require. ``(2) Notwithstanding any other provision of law, in any election in which a candidate declares that he intends to expend more than the limits described in subparagraph (A) of paragraph (1), or does expend and incur loans in excess of such limits, or fails to file the declaration required by this subsection, the limitations on contributions in subsection (h) of this section, as they apply to all other candidates in such election in such State, shall be waived and the limitations on contributions in subsection (a) of this section, as they apply to all other individuals running for such office, shall be increased for such election as follows: ``(A) The limitations provided in subsection (a)(1)(A) shall be increased to an amount equal to 1000 per centum of such limitation, and ``(B) The limitations provided in subsection (a)(3) shall be increased to an amount equal to 150 percentum of such limitation, but only to the extent that contributions above such limitation are made to candidates affected by the increased levels provided in subparagraph (A). ``(3) If the limitations described in paragraph (2) of this subsection are increased pursuant to paragraph (2) for a convention or a primary election, as they relate to an individual candidate, and such individual candidate is not a candidate in any subsequent election in such campaign, including the general election, the provisions of paragraph (2) shall no longer apply. ``(4) Any candidate who-- ``(A) declares, pursuant to subparagraph (1) of this paragraph that he does not intend to expend, in the aggregate, more than the limits described in subparagraph (1)(A); and ``(B) subsequently does expend and incur loans in excess of such amounts, or intends to expend and incur loans in excess of such amounts, such candidate shall notify and file an amended declaration with the Commission and shall notify all other candidates for such office within twenty-four hours after changing such declaration or exceeding such limits, whichever first occurs, by sending such notice by certified mail, return receipt requested. Failure to so notify and so file shall subject such candidate to a civil penalty equal to twice the fund so expended. ``(5) Any candidate who incurs personal loans in connection with his campaign under this Act shall not repay, either directly or indirectly, such loans from any contributions made to such candidate or any authorized committee of such candidate, if such contribution was made following the date of such election. ``(6) Notwithstanding any other provision of law, no candidate under this title may make expenditures from his personal funds or the personal funds of his immediate family, or incur personal loans in connection with his campaign for election to such office at any time after ninety days before the date of such election, or twenty-four hours after the primary election for such office, whichever date shall later occur. The provisions of this paragraph shall apply to all candidates regardless of whether such candidate has reached the limits provided in paragraph (1) of this subsection. Violation of this paragraph shall subject such violator to a civil penalty three times the funds so expended. ``(7) The Commission shall take such action as it deems necessary under the enforcement provisions of this Act to assure compliance with the provisions of this subsection.''. soft money Sec. 5. (a) At the appropriate place in the Federal Election Campaign Act of 1971 (2 U.S.C. 441), insert the following new section: ``( ) (A) Any amount solicited, received or spent by a national, State, or local committee of a political party, directly or indirectly, shall be subject to the provisions of this Act, if such amount is solicited, received, or spent in connection with a Federal election. No part of such amount may be allocated to a non-Federal account or otherwise maintained in, or paid from, an account that is not subject to this Act. This section shall not apply to amounts described in section 431 (b)(B)(viii) of title 2. ``(B) For purposes of this section, the term ``in connection with a Federal election'' includes any activity that may affect a Federal election, including but not limited to the following: ``(1) Voter registration and get-out-the-vote activities; ``(2) Generic activities, including but not limited to any broadcasting, newspaper, magazine, billboard, mail, or similar type of communication or public advertising; ``(3) Campaign materials which identify a Federal candidate, regardless of any other candidate who may also be identified.''. severability Sec. 6. If any provision of this Act, or any amendment made by this Act, or the application of any such provision to any person or circumstance is held invalid, the validity of any other such provision, and the application of such provision to other persons and circumstances, shall not be affected thereby.

Grassroots Campaigning and Election Reform Act of 1993 - Amends the Federal Election Campaign Act of 1971 to: (1) prohibit congressional candidates from raising campaign funds from outside their State; (2) prohibit the establishment of political committees by banks, labor organizations, or corporations; (3) reduce the amount a person may contribute to a political committee; (4) limit candidate expenditures of personal funds, family funds, or personal loans in connection with an election campaign; and (5) apply restrictions and requirements to soft money.

Grassroots Campaigning and Election Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fragile X Research Breakthrough Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Fragile X is the most common inherited cause of mental retardation. It affects 1 in every 2,000 boys and 1 in every 4,000 girls. One in 260 women is a carrier. (2) Most children with Fragile X require a lifetime of special care at a cost of over $2,000,000 per child. (3) Relatively newly-discovered and relatively unknown, even in the medical profession, Fragile X is caused by the absence of a single protein that can be produced synthetically but that cannot yet be effectively assimilated. (4) Fragile X research, both basic and applied, is vastly underfunded in view of its prevalence, the potential for the development of a cure, the established benefits of currently available interventions, and the significance that Fragile X research has for related disorders. (5) Fragile X is a powerful research model for other forms of X-linked mental retardation, as well as neuropsychiatric disorders, including autism, schizophrenia, mood disorders, and pervasive developmental disorder. Individuals with Fragile X are a homogeneous study population for advancing understanding of these disorders. SEC. 3. NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT; RESEARCH ON FRAGILE X. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following: ``SEC. 452E. FRAGILE X. ``(a) Expansion and Coordination of Research Activities.--The Director of the Institute, after consultation with the advisory council for the Institute, shall expand, intensify, and coordinate the activities of the Institute with respect to research on the disease known as Fragile X. ``(b) Research Centers.-- ``(1) In general.--The Director of the Institute, after consultation with the advisory council for the Institute, shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research for the purposes of improving the diagnosis and treatment of, and finding the cure for, Fragile X. ``(2) Number of centers.--In carrying out paragraph (1), the Director of the Institute shall, to the extent that amounts are appropriated, provide for the establishment of at least 3 Fragile X research centers. ``(3) Activities.-- ``(A) In general.--Each center assisted under paragraph (1) shall, with respect to Fragile X-- ``(i) conduct basic and clinical research, which may include clinical trials of-- ``(I) new or improved diagnostic methods; and ``(II) drugs or other treatment approaches; and ``(ii) conduct research to find a cure. ``(B) Fees.--A center may use funds provided under paragraph (1) to provide fees to individuals serving as subjects in clinical trials conducted under subparagraph (A). ``(4) Coordination among centers.--The Director of the Institute shall, as appropriate, provide for the coordination of the activities of the centers assisted under this section, including providing for the exchange of information among the centers. ``(5) Certain administrative requirements.--Each center assisted under paragraph (1) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. ``(6) Duration of support.--Support may be provided to a center under paragraph (1) for a period of not to exceed 5 years. Such period may be extended for 1 or more additional periods, each of which may not exceed 5 years, if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period be extended. ``(7) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $10,000,000 for fiscal year 2000, and such sums as may be necessary for each subsequent fiscal year.''. SEC. 4. NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT; LOAN REPAYMENT PROGRAM REGARDING RESEARCH ON FRAGILE X. Part G of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended by inserting after section 487E the following: ``SEC. 487F. LOAN REPAYMENT PROGRAM REGARDING RESEARCH ON FRAGILE X. ``(a) In General.--The Secretary, in consultation with the Director of the National Institute of Child Health and Human Development, shall establish a program under which the Federal Government enters into contracts with qualified health professionals (including graduate students) who agree to conduct research regarding Fragile X in consideration of the Federal Government's agreement to repay, for each year of such service, not more than $35,000 of the principal and interest of the educational loans owed by such health professionals. ``(b) Applicability of Certain Provisions.--With respect to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III, the provisions of such subpart (including section 338B(g)(3)) shall, except as inconsistent with subsection (a) of this section, apply to the program established in such subsection in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program established in such subpart. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2000, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated for a fiscal year under the preceding sentence shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were appropriated.''.

Fragile X Research Breakthrough Act of 1999 - Amends the Public Health Service Act to require the Director of the National Institute of Child Health and Human Development to: (1) expand, intensify, and coordinate the Institute's activities respecting research on the disease known as Fragile X; and (2) make grants to, and enter into contracts with, public or nonprofit private entities for the development and operation of at least three centers to conduct research for improving the diagnosis and treatment of, and finding the cure for, Fragile X. Requires each such center assisted to conduct basic and clinical research, which may include clinical trials of new or improved diagnostic methods and drugs or other treatment approaches. Allows such centers to use grant funds provided under this Act to provide fees to individuals serving as subjects in clinical trials. Requires the Director to provide for the coordination of the centers' activities, including the exchange of information. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions. Allows support to be provided to a center for a period not exceeding five years with authorized extensions. Authorizes appropriations. Directs the Secretary of Health and Human Services to establish a program under which the Federal Government enters into contracts with qualified health professionals who agree to conduct research on Fragile X in consideration of the Government's agreement to repay, for each year of such service, no more than $35,000 of the principal and interest of the educational loans owed by such health professionals. Authorizes appropriations.

Fragile X Research Breakthrough Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microcap Fraud Prevention Act of 1999''. SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934. Section 15(b)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)(4)) is amended-- (1) by striking subparagraph (F) and inserting the following: ``(F) is subject to any order of the Commission barring or suspending the right of the person to be associated with a broker or dealer;''; (2) in subparagraph (G)-- (A) in clause (i), by striking ``has omitted'' and all that follows through the semicolon and inserting ``omitted to state in any such application, report, or proceeding any material fact that is required to be stated therein;''; (B) in clause (ii)-- (i) by striking ``transactions in securities,'' and inserting ``securities, banking, insurance,''; and (ii) by adding ``or'' at the end; and (C) in clause (iii)-- (i) by inserting ``other'' after ``violation by any''; (ii) by striking ``empowering a foreign financial regulatory authority regarding transactions in securities,'' and inserting ``regarding securities, banking, insurance,''; (iii) by striking ``has been found, by a foreign financial regulatory authority,''; and (iv) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(H) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) that-- ``(i) bars such person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(ii) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''. SEC. 3. AMENDMENTS TO THE INVESTMENT ADVISERS ACT OF 1940. Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 3) is amended-- (1) in subsection (e)-- (A) by striking paragraphs (7) and (8) and inserting the following: ``(7) is subject to any order of the Commission barring or suspending the right of the person to be associated with an investment adviser; ``(8) has been found by a foreign financial regulatory authority to have-- ``(A) made or caused to be made in any application for registration or report required to be filed with, or in any proceeding before, that foreign financial regulatory authority, any statement that was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or omitted to state in any application or report filed with, or in any proceeding before, that foreign financial regulatory authority any material fact that is required to be stated in the application, report, or proceeding; ``(B) violated any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade; or ``(C) aided, abetted, counseled, commanded, induced, or procured the violation by any other person of any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade, or failed reasonably to supervise, with a view to preventing violations of any such statute or regulation, another person who commits such a violation, if the other person is subject to its supervision; or ``(9) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) that-- ``(A) bars such investment adviser or person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(B) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''; and (2) in subsection (f)-- (A) by striking ``(6), or (8)'' and inserting ``(6), (8), or (9)''; and (B) by striking ``paragraph (2)'' and inserting ``paragraph (2) or (3)''. SEC. 4. AMENDMENTS TO THE INVESTMENT COMPANY ACT OF 1940. Section 9(b) of the Investment Company Act of 1940 (15 U.S.C. 80a- 9(b)) is amended-- (1) in paragraph (4), by striking subparagraphs (A) through (C) and inserting the following: ``(A) made or caused to be made in any application for registration or report required to be filed with, or in any proceeding before, that foreign financial regulatory authority, any statement that was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or omitted to state in any application or report filed with, or in any proceeding before, that foreign financial regulatory authority any material fact that is required to be stated in the application, report, or proceeding; ``(B) violated any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade; or ``(C) aided, abetted, counseled, commanded, induced, or procured the violation by any other person of any foreign statute or regulation regarding securities, banking, insurance, or contracts of sale of a commodity for future delivery traded on or subject to the rules of a contract market or any board of trade;''; (2) in paragraph (5), by striking ``or'' at the end; and (3) in paragraph (6), by striking the period at the end and inserting the following: ``; or ``(7) is subject to any order of a State securities commission (or any agency or office performing like functions), State authority that supervises or examines financial institutions, State insurance commission (or any agency or office performing like functions), or an appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) that-- ``(A) bars such person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, or banking; or ``(B) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.''. SEC. 5. CONFORMING AMENDMENTS. (a) Municipal Securities Dealers.--Section 15B(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(c)) is amended-- (1) in paragraph (2), by striking ``act or omission'' and all that follows through the period and inserting ``act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B) within 10 years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in section 15(b)(4)(C).''; and (2) in paragraph (4), in the first sentence, by striking ``any act or ommission'' and all that follows through the period and inserting ``or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B) within 10 years of the commencement of the proceedings under this paragraph, or is enjoined from any action, conduct, or practice specified in section 15(b)(4)(C).''. (b) Government Securities Brokers and Dealers.--Section 15C(c)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-5(c)(1)) is amended-- (1) in subparagraph (A), by striking ``or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''; and (2) in subparagraph (C), by striking ``or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''. (c) Clearing Agencies.--Section 17A(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78q-1(c)) is amended-- (1) in paragraph (3)(A), by striking ``any act enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''; and (2) in paragraph (4)(C), in the first sentence, by striking ``any act enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of section 15(b)(4)''. (d) Statutory Disqualifications.--Section 3(a)(39) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(39)) is amended-- (1) in subparagraph (B)(i), by striking ``order to'' and inserting ``order of''; and (2) in subparagraph (F)-- (A) by striking ``any act enumerated in subparagraph (D), (E), or (G) of paragraph (4) of section 15(b) of this title'' and inserting ``any act, or is subject to an order or finding, enumerated in subparagraph (D), (E), (G), or (H) of section 15(b)(4)''; (B) by striking ``subparagraph (B) of such paragraph (4)'' and inserting ``section 15(b)(4)(B)''; and (C) by striking ``subparagraph (C) of such paragraph (4)'' and inserting ``section 15(b)(4)(C)''. SEC. 6. BROADENING OF PENNY STOCK BAR. Section 15(b)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)(6)) is amended-- (1) in subparagraph (A)-- (A) by striking ``of any penny stock'' and inserting ``of any noncovered security''; (B) by striking ``of penny stock'' and inserting ``of any noncovered security''; and (C) in clause (i), by striking ``or omission enumerated in subparagraph (A), (D), (E), or (G) of paragraph (4) of this subsection'' and inserting ``, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (G), or (H) of paragraph (4)''; (2) in subparagraph (B)-- (A) by striking ``an offering of penny stock'' each place it appears and inserting ``any securities offering''; and (B) in clause (iii), by striking ``such a person'' and inserting ``a person as to whom an order under section 21(d)(5) or subparagraph (A) of this paragraph is in effect''; and (3) by striking subparagraph (C) and inserting the following: ``(C) For purposes of this paragraph-- ``(i) the term `noncovered security' means any security other than those described in paragraphs (1) and (2) of section 18(b) of the Securities Act of 1933; and ``(ii) the term `participation in an offering of noncovered securities'-- ``(I) means acting as a promoter, finder, consultant, or agent, or engaging in activities with a broker, dealer, or issuer for purposes of the issuance of or trading in any noncovered security, or inducing or attempting to induce the purchase or sale of any noncovered security; ``(II) includes other activities that the Commission specifies by rule or regulation; and ``(III) excludes any person or class of persons, in whole or in part, conditionally or unconditionally, that the Commission, by rule, regulation, or order, may exclude.''. SEC. 7. COURT AUTHORITY TO PROHIBIT OFFERINGS OF NONCOVERED SECURITIES. Section 21(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)) is amended by adding at the end the following: ``(5) Court authority to prohibit persons from participating in offering of noncovered securities.-- ``(A) In general.--In any proceeding under paragraph (1), the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall determine, any person that violated section 10(b) or the rules or regulations issued thereunder in connection with any transaction in any noncovered security from participating in an offering of a noncovered security. ``(B) Definitions.--For purposes of this paragraph-- ``(i) the term `noncovered security' means any security other than those described in paragraphs (1) and (2) of section 18(b) of the Securities Act of 1933; and ``(ii) the term `participation in an offering of noncovered securities'-- ``(I) means acting as a promoter, finder, consultant, or agent, or engaging in activities with a broker, dealer, or issuer for purposes of the issuance of or trading in any noncovered security, or inducing or attempting to induce the purchase or sale of any noncovered security; ``(II) includes other activities that the Commission specifies by rule or regulation; and ``(III) excludes any person or class of persons, in whole or in part, conditionally or unconditionally, that the Commission, by rule, regulation, or order, may exempt.''. SEC. 8. BROADENING OF OFFICER AND DIRECTOR BAR. Section 21(d)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(2)) is amended-- (1) by striking ``of this title or that'' and inserting ``, that''; and (2) by striking ``of this title if'' and inserting ``, or the securities of which are quoted in any quotation medium, if''. SEC. 9. VIOLATIONS OF COURT ORDERED BARS. (a) In General.--Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) is amended by adding at the end the following: ``(i) Bar on Participation.--It shall be unlawful for any person, against which an order under paragraph (2) or (5) of subsection (d) is in effect, to serve as officer, director, or participant in any offering involving a noncovered security (as defined in subsection (d)(5)(B)) in contravention of such order.''. (b) Conforming Amendment.--Section 21(d)(3)(D) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(D)) is amended by inserting ``or relating to a violation of subsection (i) of this section,'' before ``each separate''.

(Sec. 6) Amends the Securities Exchange Act of 1934 to: (1) extend the penny stock bar to any noncovered security; and (2) declare it unlawful for any person against whom certain enforcement sanctions are in effect to serve as officer, director, or participant in any offering involving a noncovered security. (Sec. 7) Authorizes a court to prohibit violators of SEC rules governing the use of manipulative or deceptive devices from participating in an offering of a noncovered security. (Sec. 9) Bars persons subject to specified court orders from serving as officers, directors, or participants in any offering involving a noncovered security.

Microcap Fraud Prevention Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Information Control Designations Act''. SEC. 2. PURPOSE. The purpose of this Act is to increase Governmentwide information sharing and the availability of information to the public by standardizing and limiting the use of information control designations. SEC. 3. REGULATIONS RELATING TO INFORMATION CONTROL DESIGNATIONS WITHIN THE FEDERAL GOVERNMENT. (a) Requirement To Reduce and Minimize Information Control Designations.--Each Federal agency shall reduce and minimize its use of information control designations on information that is not classified. (b) Archivist Responsibilities.-- (1) Regulations.--The Archivist of the United States shall promulgate regulations regarding the use of information control designations. (2) Requirements.--The regulations under this subsection shall address, at a minimum, the following: (A) Standards for utilizing the information control designations in a manner that is narrowly tailored to maximize public access to information. (B) The process by which information control designations will be removed. (C) Procedures for identifying, marking, dating, and tracking information assigned the information control designations, including the identity of officials making the designations. (D) Provisions to ensure that the use of information control designations is minimized and cannot be used on information-- (i) to conceal violations of law, inefficiency, or administrative error; (ii) to prevent embarrassment to Federal, State, local, tribal, or territorial governments or any official, agency, or organization thereof; any agency; or any organization; (iii) to improperly or unlawfully interfere with competition in the private sector; (iv) to prevent or delay the release of information that does not require such protection; (v) if it is required to be made available to the public; or (vi) if it has already been released to the public under proper authority. (E) Provisions to ensure that the presumption shall be that information control designations are not necessary. (F) Methods to ensure that compliance with this Act protects national security and privacy rights. (G) The establishment of requirements that Federal agencies, subject to chapter 71 of title 5, United States Code, implement the following: (i) A process whereby an individual may challenge without retribution the application of information control designations by another individual and be rewarded with specific incentives for successful challenges resulting in-- (I) the removal of improper information control designations; or (II) the correct application of appropriate information control designations. (ii) A method for informing individuals that repeated failure to comply with the policies, procedures, and programs established under this section could subject them to a series of penalties. (iii) Penalties for individuals who repeatedly fail to comply with the policies, procedures, and programs established under this section after having received both notice of their noncompliance and appropriate training or re-training to address such noncompliance. (H) Procedures for members of the public to be heard regarding improper applications of information control designations. (I) A procedure to ensure that all agency policies and standards for utilizing information control designations that are issued pursuant to subsection (c) be provided to the Archivist and that such policies and standards are made publicly available on the website of the National Archives and Records Administration. (3) Consultation.--In promulgating the regulations, the Archivist shall consult with the heads of Federal agencies and with representatives of State, local, tribal, and territorial governments; law enforcement entities; organizations with expertise in civil rights, employee and labor rights, civil liberties, and government oversight; and the private sector, as appropriate. (c) Agency Responsibilities.--The head of each Federal agency shall implement the regulations promulgated by the Archivist under subsection (b) in the agency in a manner that ensures that-- (1) information can be shared within the agency, with other agencies, and with State, local, tribal, and territorial governments, the private sector, and the public, as appropriate; (2) all policies and standards for utilizing information control designations are consistent with such regulations; (3) the number of individuals with authority to apply information control designations is limited; and (4) information control designations may be placed only on the portion of information that requires control and not on the entire material. SEC. 4. ENFORCEMENT OF INFORMATION CONTROL DESIGNATION REGULATIONS WITHIN THE FEDERAL GOVERNMENT. (a) Inspector General Responsibilities.--The Inspector General of each Federal agency, in consultation with the Archivist, shall randomly audit unclassified information with information control designations. In conducting any such audit, the Inspector General shall-- (1) assess whether applicable policies, procedures, rules, and regulations have been followed; (2) describe any problems with the administration of the applicable policies, procedures, rules and regulations, including specific non-compliance issues; (3) recommend improvements in awareness and training to address any problems identified under paragraph (2); and (4) report to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Archivist, and the public on the findings of the Inspector General's audits under this section. (b) Personal Identifiers.-- (1) In general.--For purposes described in paragraph (2), the Archivist of the United States shall require that, at the time of designation of information, the following shall appear on the information: (A) The name or personal identifier of the individual applying information control designations to the information. (B) The agency, office, and position of the individual. (2) Purposes.--The purposes described in this paragraph are as follows: (A) To enable the agency to identify and address misuse of information control designations, including the misapplication of information control designations to information that does not merit such markings. (B) To assess the information sharing impact of any such problems or misuse. (c) Training.--The Archivist, subject to chapter 71 of title 5, United States Code, and in coordination with the heads of Federal agencies, shall-- (1) require training as needed for each individual who applies information control designations, including-- (A) instruction on the prevention of the overuse of information control designations; (B) the standards for applying information control designations; (C) the proper application of information control designations, including portion markings; (D) the consequences of repeated improper application of information control designations, including the misapplication of information control designations to information that does not merit such markings, and of failing to comply with the policies and procedures established under or pursuant to this section; and (E) information relating to lessons learned about improper application of information control designations, including lessons learned pursuant to the regulations and Inspector General audits required under this Act and any internal agency audits; and (2) ensure that such program is conducted efficiently, in conjunction with any other security, intelligence, or other training programs required by the agency to reduce the costs and administrative burdens associated with the additional training required by this section. (d) Detailee Program.-- (1) Requirement for program.--The Archivist, subject to chapter 71 of title 5, United States Code, shall implement a detailee program to detail Federal agency personnel, on a nonreimbursable basis, to the National Archives and Records Administration, for the purpose of-- (A) training and educational benefit for agency personnel assigned so that they may better understand the policies, procedures, and laws governing information control designations; (B) bolstering the ability of the National Archives and Records Administration to conduct its oversight authorities over agencies; and (C) ensuring that the policies and procedures established by the agencies remain consistent with those established by the Archivist of the United States. (2) Sunset of detailee program.--Except as otherwise provided by law, this subsection shall cease to have effect on December 31, 2012. SEC. 5. RELEASING INFORMATION PURSUANT TO THE FREEDOM OF INFORMATION ACT. (a) Agency Responsibilities.--The head of each Federal agency shall ensure that-- (1) information control designations are not a determinant of public disclosure pursuant to section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''); and (2) all information in the agency's possession that is releasable is made available to members of the public pursuant to an appropriate request under such section 552. (b) Rule of Construction.--Nothing in this Act shall be construed to prevent or discourage any Federal agency from voluntarily releasing to the public any unclassified information that is not exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). SEC. 6. DEFINITIONS. In this Act: (1) Information control designations.--The term ``information control designations'' means information dissemination controls, not defined by Federal statute or by an Executive order relating to the classification of national security information, that are used to manage, direct, or route information, or control the accessibility of information, regardless of its form or format. The term includes, but is not limited to, the designations of ``controlled unclassified information'', ``sensitive but unclassified'', and ``for official use only''. (2) Information.--The term ``information'' means any communicable knowledge or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the Federal Government. (3) Federal agency.--The term ``Federal agency'' means-- (A) any Executive agency, as that term is defined in section 105 of title 5, United States Code; (B) any military department, as that term is defined in section 102 of such title; and (C) any other entity within the executive branch that comes into the possession of classified information. SEC. 7. DEADLINE FOR REGULATIONS AND IMPLEMENTATION. Regulations shall be promulgated in final form under this Act, and implementation of the requirements of this Act shall begin, not later than 24 months after the date of the enactment of this Act. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.

Reducing Information Control Designations Act - (Sec. 3) Requires each federal agency to reduce and minimize its use of information control designations on information that is not classified. Defines such designations to mean information dissemination controls that are not defined by federal statute or executive order relating to the classification of national security information and that are used to manage, direct, or route information or to control the accessibility of information, regardless of its form or format. Requires the Archivist of the United States to promulgate regulations to address: (1) standards for the use of the such designations to maximize public access to information; (2) the process for removing such designations; (3) procedures for identifying and tracking designated information; (4) provisions to minimize the use of such designations to prevent misuse and interference with competition in the private sector; and (5) a process for individuals and the public to challenge the use of such designations. Requires the head of each federal agency to: (1) implement the regulations promulgated by the Archivist to encourage the sharing of information; and (2) ensure that such designations do not determine public disclosure requirements under the Freedom of Information Act. (Sec. 4) Requires the Inspector General of each federal agency to randomly audit and report to Congress on unclassified information with such designations to determine compliance. Directs the Archivist to: (1) require personal identifiers and agency affiliations of individuals applying such designations: (2) require training of such individuals; and (3) implement a program to detail federal employees to the National Archives and Records Administration (NARA) to train such employees. Terminates such detailee program on December 31, 2012. (Sec. 7) Requires promulgation of final regulations and implementation of the requirements of this Act within 24 months.

To require the Archivist of the United States to promulgate regulations regarding the use of information control designations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fostering Our Future Act of 2006''. SEC. 2. IMPROVEMENTS TO COURTS. (a) In General.--Section 13712(b) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 629b) is amended to read as follows: ``(b) Eligibility.--In order to be eligible for a grant under this section: ``(1) Application.--A highest State court shall submit to the Secretary an application at such time, in such form, and including such information and assurances as the Secretary shall require. ``(2) Measures of court performance.--There shall be in effect in the State such laws and procedures as are necessary to ensure that the courts of the State measure the following with respect to children under the jurisdiction of the courts: ``(A) The percentage of children who do not have a subsequent petition of maltreatment filed in court after the initial such petition is filed. ``(B) The percentage of children who are the subject of additional allegations of maltreatment within 12 months after the original petition was closed. ``(C) The percentages of children who reach legal permanency within 6 months after removal, within 12 months thereafter, within 18 months thereafter, and within 24 months thereafter. ``(D) The percentage of children who do not reach permanency in the foster care system. ``(E) The percentages of children who re-enter foster care pursuant to court order within 12 months after being returned to their families, and within 24 months thereafter. ``(F) The percentages of children who return to foster care pursuant to court order within 12 months after being adopted or placed with an individual or couple who are permanent guardians, and within 24 months thereafter. ``(G) The percentages of children who are transferred among 1, 2, 3, or more placements while under court jurisdiction, distinguishing, where possible, between placements in and out of a child's own home from multiple placements in a variety of environments. ``(H) The percentage of cases in which both parents receive written service of process within the required time standards or where notice of hearing has been waived by parties. ``(I) The percentage of cases in which there is documentation that timely and proper notice is given to parties in advance of the next hearing. ``(J) The percentage of cases in which children who have attained 10 years of age receive notice of the legal proceedings in their dependency case; the percentage of cases in which children who have attained 10 years of age are present in court and afforded an opportunity to be heard in their own cases; and the percentage of cases in which children have legal representation. ``(K) The percentage of cases in which the court reviews case plans within established time guidelines. ``(L) The percentage of children receiving legal counsel, guardians ad litem, or court-appointed special advocates before the preliminary protective hearing or equivalent, with separate measures of the percentages of each type of representation and of whether the representation was received within established time guidelines, within 5 days after the adoption petition is filed, within 6 through 10 days after the filing, and within more than 10 days after the filing. ``(M) The percentage of cases in which counsel for parents are appointed before the preliminary protective hearing or equivalent, with separate measures of the percentages in which such appointments are made within established time guidelines, within 5 days after the adoption petition is filed, within 6 through 10 days after the filing, and within more than 10 days after the filing. ``(N) The percentage of cases in which legal counsel for children is appointed on or before the first court appearance, and the percentage of cases in which legal counsel for children changes, and the number of changes involved. ``(O) The percentage of cases in which legal counsel for parents changes, and the number of changes involved. ``(P) The percentage of cases in which legal counsel for parents, children, and agencies are present at each hearing. ``(Q) The percentages of children for whom all hearings are heard by 1 or more judicial officers, and the number of judicial officers hearing the case. ``(R) The average and median times from filing the original petition to adjudication. ``(S) The average and median times from filing the original petition to disposition. ``(T) The percentages of cases that are adjudicated within 30 days after the filing of the dependency petition, within 60 days thereafter, and within 90 days thereafter. ``(U) The percentages of cases that receive a disposition within 10 days after the dependency adjudication, within 30 days thereafter, and within 90 days thereafter. ``(V) The percentage of cases where children are successfully served in the home and not detained; the average and median times to reunification; and the percentage of cases where children are not successfully reunified. ``(W) The average and median times from the filing of the original petition to permanent placement. ``(X) The average and median times from the filing of the original petition to finalized termination of parental rights. ``(Y) The percentages of cases for which the termination petition is filed within 3 months after the dependency disposition, within 6 months thereafter, within 12 months thereafter, and within 18 months thereafter. ``(Z) The percentage of cases that receive a termination order within 30 days after the filing of the termination petition, within 90 days thereafter, within 120 days thereafter, and within 180 days thereafter. ``(AA) The percentages of cases for which an adoption petition is filed within 1 month after the termination order, within 3 months thereafter, and within 6 months thereafter. ``(BB) The percentages of cases for which the adoption is finalized within 1 month after the adoption petition is filed, within 3 months thereafter, within 6 months thereafter, and within 12 months thereafter. ``(CC) The percentage of hearings (by hearing type) not completed within timeframes set forth in statute or court rules, including, where possible, the reason for noncompletion.''. (b) Student Loan Repayment for Family Law, Dependency, and Domestic Relations Attorneys.-- (1) In general.--The Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, DEPENDENCY, AND DOMESTIC RELATIONS ATTORNEYS. ``(a) Purpose.--The purpose of this section is to encourage qualified individuals to enter and continue employment as family law, dependency, and domestic relations attorneys. ``(b) Loan Forgiveness.-- ``(1) Loan forgiveness authorized.--The Secretary is authorized to forgive, in accordance with this section and the agreement described in subsection (e), the student loan debt of an eligible borrower in the amount specified in subsection (d) and for the period specified in such agreement. ``(2) Method of loan forgiveness.--To provide the loan forgiveness authorized in paragraph (1), the Secretary is authorized to carry out a program-- ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made under part B of this title; and ``(B) to cancel a qualified loan amount for a loan made under part D of this title. ``(c) Eligible Borrower.--The Secretary is authorized to provided loan forgiveness under this section to any individual who-- ``(1) is employed full-time as a family law, dependency, or domestic relations attorney; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Forgiveness Amount.--The Secretary may, from funds appropriated under subsection (l), forgive the loan obligation of an eligible borrower in accordance with such terms, limitations, and conditions as may be mutually agreed upon by such borrower and the Secretary in the agreement described in subsection (e), except that the amount paid by the Secretary under this section shall not exceed-- ``(1) $6,000 in any calendar year for any borrower; or ``(2) $50,000 in the aggregate for any borrower. ``(e) Loan Forgiveness Agreement.-- ``(1) Terms of agreement.--The Secretary shall not provide loan forgiveness to an eligible borrower unless the borrower enters into a written agreement with the Secretary which provides that-- ``(A) the borrower shall remain employed full-time as a family law, dependency, or domestic relations attorney for a period of service specified in the agreement (but not less than 3 years), unless involuntarily separated from that employment; ``(B) if the borrower is involuntarily separated from the employment described in subparagraph (A) on account of misconduct, or voluntarily separates from that employment, before the end of the period specified in the agreement, the borrower shall repay the Secretary the amount of any benefits received by such borrower under this section; ``(C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to such amount shall be recoverable by the Government from the borrower (or such borrower's estate, if applicable) by such method as is provided by law for the recovery of amounts owing to the Government; ``(D) the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and ``(E) the Secretary shall provide loan forgiveness under this section for the period of the agreement, subject to the availability of appropriations. ``(2) Agreement renewal.--Upon completion by an eligible borrower of the period of service required under the agreement described in paragraph (1), the Secretary may renew such agreement with the eligible borrower for a successive period of service to be specified in the renewed agreement (which may be less than 3 years). ``(f) Repayments by Borrowers.--Any amount repaid by, or recovered from, a borrower (or a borrower's estate) under subsection (e)(1)(B) shall be credited to the appropriation account from which the loan forgiveness amount involved was originally paid. Any amount so credited shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations (if any), as the sums with which the amount was merged. ``(g) Application for Loan Forgiveness.--An eligible borrower desiring loan forgiveness under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(h) Priority.--The Secretary shall provide loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(i) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(j) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of any loan made by a borrower prior to the date on which the Secretary entered into an agreement with the borrower under subsection (e). ``(k) Definition.--In this section the term `family law, dependency, or domestic relations attorney' means an attorney who works in the field of family law, dependency, or domestic relations, including juvenile justice, truancy, child abuse or neglect, adoption, domestic relations, child support, paternity, and other areas which fall under the field of family law, dependency, or domestic relations law as determined by State law. ``(l) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2007 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (2) Cancellation of loans.-- (A) Amendment.--Section 465(a)(2)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(F)) is amended by inserting ``, or as a full-time family law, dependency, or domestic relations attorney (as defined in section 428L)'' after ``agencies''. (B) Effective date.--The amendment made by this paragraph shall apply to-- (i) eligible loans made before, on, or after the date of enactment of this Act; and (ii) service as a family law, dependency, or domestic relations attorney that is provided on or after the date of enactment of this Act. (C) Construction.--Nothing in this paragraph shall be construed to authorize the refunding of any repayment of a loan made by a borrower prior to the date on which the borrower became eligible for cancellation under section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)). (c) GAO Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study that compares States with respect to each of the following: (A) The legal representation provided for children. (B) Children's participation in their own cases. (C) Preparation of dependency court judges. (D) Case tracking and performance measurement. (E) Statewide collaborative foster care councils. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on the Judiciary of the House of Representatives a written report that contains the results of the study required by paragraph (1). (d) Sense of the Congress With Respect to Court Accountability for Improved Child Outcomes.--It is the sense of the Congress that State judicial leadership should use the measures of court performance described in section 13712(b)(2) of the Omnibus Budget Reconciliation Act of 1993 (as amended by subsection (a) of this section) to ensure accountability by every court for improved outcomes for children, and to inform decisions about allocating resources across the court system. (e) Sense of the Congress With Respect to the Organization of State Dependency Courts.--It is the sense of the Congress that State courts should be organized to enable children and parents to have legal representation and participate in a meaningful way in their own court proceedings. (f) Sense of the Congress With Respect to Building the Pool of Attorneys Qualified to Handle Cases in Dependency Courts.--It is the sense of the Congress that law schools, bar associations, and law firms should help build the pool of qualified attorneys available to children and parents in dependency courts. (g) Sense of the Congress With Respect to Training, Caseloads, and Compensation of Attorneys for Children.--It is the sense of the Congress that attorneys for children should have adequate training, reasonable caseloads, and receive reasonable and adequate compensation.

Fostering Our Future Act of 2006 - Amends the Omnibus Budget Reconciliation Act of 1993 to require, for grants to the highest state courts for foster care proceedings, that the state in which the courts are located has laws and procedures in effect that will ensure that the courts measure their performance with respect to children under the court's jurisdiction. Amends the Higher Education Act of 1965 to authorize the Secretary of Education to forgive the student loan debt of a borrower who: (1) enters a written agreement with the Secretary to remain employed full-time as a family law, dependency, or domestic relations attorney for at least three years; and (2) is not in default on a loan for which the borrower seeks forgiveness. Limits the amount that the Secretary may pay to no more than $6,000 in any year for any borrower or $50,000 in the aggregate for any borrower. Authorizes the Secretary to renew such agreements. Directs the Comptroller General to conduct a comparative study of state dependency courts and foster care systems. Expresses the sense of Congress with respect to: (1) court accountability for improved child outcomes; (2) the organization of state dependency courts; (3) building the pool of attorneys qualified to handle cases in dependency courts; and (4) training, caseloads, and compensation of attorneys for children.

To improve foster care court capacity through loan forgiveness and performance measurement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Latin American Arms Control Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) It has been United States policy since the Presidential directive of May 19, 1977, to refrain from making sales or other transfers to governments of Latin American countries of highly advanced weapons systems that could undermine regional military balances or stimulate an arms race. (2) There has only been one exception to that policy, the sale of F-16 fighter aircraft to Venezuela in 1982, in response to a perceived Cuban military buildup, including the acquisition by Cuba of Soviet-made MIG-23 fighters. (3) While United States defense companies have not been able to sell highly advanced weapons to Latin America, they are a major supplier of military equipment to the region and hold the largest share of that market. (4) From fiscal year 1993 through fiscal year 1996 the United States Government sold $789,000,000 in arms to Latin America. (5) In August 1996, Secretary of State Warren Christopher stated that his ``strong conviction is that we should be very careful about raising the level of competition between countries with respect to arms sales''. (6) There are historic hostilities and mistrust in Latin America that can flare into serious conflict, as evidenced most recently by the 1995 border war between Peru and Ecuador that required international efforts to resolve. (7) For the first time in modern history, all but one country in the Western Hemisphere is governed by democratically elected leaders. (8) Latin America has just recovered from a decade of negative growth, as measured on a real per capita basis, and 18 of the countries in the Western Hemisphere currently have per capita income levels below those achieved by them ten years ago. (9) Poverty and insufficient educational opportunities continue to be a major challenge to democratic governments in the Western Hemisphere, with less than one-half of the children entering first grade remaining in school until grade five, and with more than 100,000 street children in cities throughout Latin American countries. (10) At the meeting of the Council of Freely Elected Heads of Government on April 29, 1997, representatives of Latin American governments on the Council discussed the issue of arms sales to Latin American countries, pledged to accept a two-year moratorium on the purchase of highly advanced weapons, called upon countries in the Western Hemisphere to explore ideas to restrain future purchases, and called upon the United States and other governments that sell arms to affirm their support for such a moratorium. SEC. 3. SENSE OF THE SENATE. It is the sense of the Senate that the President should respect the request of Latin American heads of government for a two-year moratorium on the sale or other transfer of highly advanced weapons to Latin American countries while proposals for regional arms restraint are studied. SEC. 4. PROHIBITION. (a) In General.--Notwithstanding any other provision of law, under the Arms Export Control Act or any other Act-- (1) no sale or other transfer may be made of any highly advanced weapon to any Latin American country, (2) no license may be issued for the export of any highly advanced weapon to any Latin American country, and (3) no financing may be extended with respect to a sale or export of any highly advanced weapon to a Latin American country, unless the requirements of subsection (b) are satisfied and except as provided in subsection (c). (b) Requirements.--The requirements of this subsection are satisfied if-- (1) the President determines and certifies to Congress in advance that the sale, transfer, or financing, as the case may be, is necessary to further the national security interests of the United States; and (2) Congress has enacted a joint resolution approving the Presidential determination. (c) Exception.--Subsection (a) does not apply to any sale, sales, financing, or license permitted by an international agreement that provides for restraint-- (1) in the purchase of highly advanced weapons by countries in Latin America; or (2) in the sale or other transfer of highly advanced weapons to countries in Latin America. SEC. 5. DEFINITION OF HIGHLY ADVANCED WEAPONS. In this Act, the term ``highly advanced weapons'' includes advanced combat fighter aircraft and attack helicopters but does not include transport helicopters.

Latin American Arms Control Act of 1997 - Expresses the sense of the Senate that the President should respect the request of Latin American heads of government for a two-year moratorium on the sale or other transfer of highly advanced weapons to Latin American countries while proposals for regional arms restraint are studied. Prohibits the sale or transfer, issuance of an export license, or financing of the sale or export of highly advanced weapons to Latin American countries. States that this prohibition does not apply to any sale, sales, financing, or license permitted by an international agreement that provides for restraint: (1) in the purchase of highly advanced weapons by countries in Latin America; or (2) in the sale or other transfer of highly advanced weapons to countries in Latin America.

Latin American Arms Control Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctions Rationalization Act of 1998''. SEC. 2. AUTHORITY TO DELAY, SUSPEND, OR TERMINATE ECONOMIC SANCTIONS. (a) Authority.-- (1) In general.--Notwithstanding any other provision of law, the President may delay, suspend, or terminate any economic sanction (or portion thereof) with respect to a foreign country, if the President determines and reports to Congress that initiating or continuing such sanction (or portion thereof), as the case may be, does not serve United States important national interests. (2) Resumption of sanctions.--In the case of any sanction delayed or suspended under paragraph (1), the President may impose or resume imposition of the sanction, as the case may be, if the President notifies the appropriate congressional committees 30 days in advance. (b) Contents of Reports.-- (1) In general.--A report submitted under subsection (a) shall contain a description of the sanction (or portion thereof) that the President proposes to delay, suspend, or terminate and a detailed explanation of the events that have occurred to make the imposition or continuation of the sanction not in United States important national interests. (2) With respect to suspended sanctions.--In the case of any sanction delayed or suspended under subsection (a), the report required by that subsection shall include a statement of the terms and conditions under which the sanction is delayed or suspended. (c) Disapproval of Proposed Delays, Suspensions, or Terminations.-- (1) Suspensions or terminations of sanctions.--In the case of a suspension or termination of a sanction (or portion thereof) described in a report submitted pursuant to subsection (a), the suspension or termination shall take effect 30 days after the President has submitted such report to Congress, unless before that time, Congress has enacted a joint resolution disapproving the determination made under subsection (a). (2) Delays of sanctions.--In the case of a delay of a sanction described in a report submitted pursuant to subsection (a), the delay of a new sanction shall take effect immediately following the submission of a report to Congress under subsection (b)(1) of this section and shall remain in effect until the President determines otherwise pursuant to subsection (a)(2), unless Congress enacts a joint resolution disapproving the determination under subsection (a) within 30 days of the date the report was submitted to Congress. (d) Congressional Priority Procedures.-- (1) In the senate.--Any joint resolution under this section shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (2) In the house of representatives.--For the purpose of expediting the consideration and enactment of joint resolutions under this section, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (e) Definitions.--In this section: (1) Economic sanction.-- (A) In general.--The term ``economic sanction'' means any prohibition, restriction, or condition on economic activity or economic assistance with respect to a foreign country or entity that is mandated by statute, including any of the measures described in subparagraph (B), except in a case in which the United States imposes the measure pursuant to a multilateral regime. (B) Particular measures.--The measures referred to in subparagraph (A) are the following: (i) The suspension, restriction, or prohibition of exports or imports of any product, technology, or service to or from a foreign country or entity. (ii) The suspension of, or any restriction or prohibition on, financial transactions, including economic assistance, with a foreign country or entity. (iii) The suspension of, or any restriction or prohibition on, direct or indirect investment in or from a foreign country or entity. (iv) The imposition of increased tariffs on, or other restrictions on imports of, products of a foreign country or entity, including the denial, revocation, or conditioning of nondiscriminatory (most- favored-nation) trade treatment. (v) The suspension of, or any restriction or prohibition on-- (I) the authority of the Export- Import Bank of the United States to give approval to the issuance of any guarantee, insurance, or extension of credit in connection with the export of goods or services to a foreign country or entity; (II) the authority of the Trade and Development Agency to provide assistance in connection with projects in a foreign country or in which a particular foreign entity participates; or (III) the authority of the Overseas Private Investment Corporation to provide insurance, reinsurance, financing, or conduct other activities in connection with projects in a foreign country or in which a particular foreign entity participates. (vi) A requirement that the United States representative to an international financial institution vote against any loan or other utilization of funds to, for, or in a foreign country or particular foreign entity. (vii) A measure imposing any restriction or condition on economic activity on any foreign government or entity on the ground that such government or entity does business in or with a foreign country. (viii) A measure imposing any restriction or condition on economic activity on any person that is a national of a foreign country, or on any government or other entity of a foreign country, on the ground that the government of that country has not taken measures in cooperation with, or similar to, sanctions imposed by the United States on a third country. (ix) The suspension of, or any restriction or prohibition on, travel rights or air transportation to or from a foreign country. (x) Any restriction on the filing or maintenance in a foreign country of any proprietary interest in intellectual property rights (including patents, copyrights, and trademarks), including payment of patent maintenance fees. (C) Multilateral regime.--As used in this paragraph, the term ``multilateral regime'' means an agreement, arrangement, or obligation under which the United States cooperates with other countries in restricting commerce for reasons of foreign policy or national security, including-- (i) obligations under resolutions of the United Nations; (ii) nonproliferation and export control arrangements, such as the Australia Group, the Nuclear Supplier's Group, the Missile Technology Control Regime, and the Wassenaar Arrangement; (iii) treaty obligations, such as under the Chemical Weapons Convention, the Treaty on the Non-Proliferation of Nuclear Weapons, and the Biological Weapons Convention; and (iv) agreements concerning protection of the environment, such as the International Convention for the Conservation of Atlantic Tunas, the Convention on International Trade in Endangered Species, the Montreal Protocol on Substances that Deplete the Ozone Layer, and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes. (D) Financial transaction.--As used in this paragraph, the term ``financial transaction'' has the meaning given that term in section 1956(c)(4) of title 18, United States Code. (E) Investment.--As used in this paragraph, the term ``investment'' means any contribution or commitment of funds, commodities, services, patents, or other forms of intellectual property, processes, or techniques, including-- (i) a loan or loans; (ii) the purchase of a share of ownership; (iii) participation in royalties, earnings, or profits; and (iv) the furnishing or commodities or services pursuant to a lease or other contract. (F) Exclusions.--The term ``economic sanction'' does not include-- (i) any measure imposed to remedy unfair trade practices or to enforce United States rights under a trade agreement, including under section 337 of the Tariff Act of 1930, title VII of that Act, title III of the Trade Act of 1974, sections 1374 and 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3103 and 3106), and section 3 of the Act of March 3, 1933 (41 U.S.C. 10b-1); (ii) any measure imposed to remedy market disruption or to respond to injury to a domestic industry for which increased imports are a substantial cause or threat thereof, including remedies under sections 201 and 406 of the Trade Act of 1974, and textile import restrictions (including those imposed under section 204 of the Agricultural Act of 1956 (7 U.S.C. 1784)); (iii) any action taken under title IV of the Trade Act of 1974, including the enactment of a joint resolution under section 402(d)(2) of that Act; (iv) any measure imposed to restrict imports of agricultural commodities to protect food safety or to ensure the orderly marketing of commodities in the United States, including actions taken under section 22 of the Agricultural Adjustment Act (7 U.S.C. 624); (v) any measure imposed to restrict imports of any other products or services in order to protect domestic health or safety; (vi) any measure authorized by, or imposed under, a multilateral or bilateral trade agreement to which the United States is a party, including the Uruguay Round Agreements, the North American Free Trade Agreement, the United States-Israel Free Trade Agreement, and the United States-Canada Free Trade Agreement; (vii) any prohibition or restriction on the sale, export, lease, or other transfer of any defense article, defense service, or design and construction service under the Arms Export Control Act, or on any financing provided under that Act; and (viii) any measure taken pursuant to section 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5605). (ix) Any measure taken to enforce a federal criminal law. (2) Mandated by statute.--The term ``mandated by statute'' means-- (A) a provision of statute that mandates action; and (B) does not include the grant of authority to any official of the executive branch of Government that may be exercised in the discretion of the official, except that this exclusion does not apply to any provision of law that is subject to-- (i) a delay in the imposition of the sanction; or (ii) a waiver that may only be exercised on grounds more restrictive than a determination that it is in the important national interests of the United States to do so.

Sanctions Rationalization Act of 1998 - Authorizes the President to delay, suspend, or terminate any economic sanction with respect to a foreign country, if the President determines and reports to the Congress that initiating or continuing such sanction does not serve important U.S. national interests. Declares that suspension or termination of a sanction shall take effect 30 days after submission of such report, and delay of a sanction shall take effect immediately following such submission, unless the Congress enacts a joint resolution of disapproval.

Sanctions Rationalization Act of 1998

SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Asylum at Ports of Entry System Improvements Act of 1993''. (b) References to Immigration and Nationality Act.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; references in Act. Sec. 2. Expedited consideration and exclusion procedures for asylum claims by persons with missing or fraudulent documents. Sec. 3. Enhanced penalties for alien smuggling and asylum abuse. Sec. 4. Definitions. Sec. 5. Effective date. SEC. 2. EXPEDITED CONSIDERATION AND EXCLUSION PROCEDURES FOR ASYLUM CLAIMS BY PERSONS WITH MISSING OR FRAUDULENT DOCUMENTS. (a) Admissions Fraud.--Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended-- (1) in the section heading by striking ``misrepresentation'' and inserting ``fraud, misrepresentation, and failure to present documents'', (2) in clause (i) by inserting ``or clause (ii)'' after ``clause (i)''; (3) by redesignating clause (ii) as clause (iii), and (4) by inserting after clause (i) the following new clause: ``(ii) Fraudulent documents and failure to present documents.-- ``(I) Any alien who, in seeking entry to the United States or boarding a common carrier for the purpose of coming to the United States, presents any document which, in the determination of the immigration officer to whom the document is presented, is forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document, or otherwise contains a misrepresentation of a material fact, is excludable. ``(II) Any alien who, in entering the United States or boarding a common carrier for the purpose of coming to the United States, presents a document which relates or purports to relate to the alien's eligibility to enter the United States, and willfully fails to present such document to an immigration officer upon arrival at a port of entry into the United States, is excludable.''. (b) Expedited Exclusion Procedures.--The Immigration and Nationality Act is amended by inserting after section 235 the following new section: ``expedited procedures for certain asylum cases ``Sec. 235A. (a) Senior Asylum Officers; Special Mobile Asylum Team.-- ``(1) Senior asylum officers.--The Attorney General shall designate a class of asylum officers having at least 2 years of experience in asylum adjudications as senior asylum officers who shall perform duties under this section at United States airports and other ports of entry in the United States. ``(2) Special mobile asylum team.-- ``(A) The Attorney General may, from time to time, designate from among the senior asylum officers provided for in paragraph (1) such officers as the Attorney General considers necessary to constitute a Special Mobile Asylum Team to help manage large scale asylum situations or to conduct spot checks at United States airports or other ports of entry in the United States. ``(B) Funds appropriated subject to section 404(b) shall be available to the Attorney General for mobilizing the Special Mobile Asylum Team in emergency large scale asylum situations. ``(b) Examination by Immigration Officer.-- ``(1) Any alien who is believed by the examining immigration officer, based on reasonable suspicion grounded on articulable facts, to be excludable under section 212(a)(6)(C) but who requests, or indicates a desire for, asylum shall be detained for further inquiry to be conducted by a senior asylum officer promptly after the alien's arrival. ``(2) Whenever any such officer has reason to believe that an alien who is otherwise excludable under section 212(a)(6)(C) of such Act may have a claim to asylum, such officer shall inform the alien of his right to apply for asylum and inquire of the alien to determine if the alien desires to request asylum. ``(c) Determinations by Senior Asylum Officer.-- ``(1) For each case under subsection (b), the senior asylum officer shall determine only-- ``(A) whether the alien has a nonfrivolous claim for asylum; and ``(B) whether the alien has been firmly resettled in another nation. ``(2) In each case under this subsection, the alien shall have the opportunity to be represented by counsel of his choosing (at no expense to the Government). ``(d) Ineligibility for Asylum and Exclusion.--(1)(A) If the senior asylum officer determines that the alien's claim to asylum is frivolous or that the alien has been firmly resettled in another nation, the officer shall find the alien ineligible for asylum and shall order the alien excluded from the United States. The alien shall be held in detention pending final disposition of the alien's case, except where the Attorney General determines that the alien's detention is not in the public interest. ``(B) Any alien ordered excluded under subparagraph (A) shall be ineligible for withholding of deportation under section 243. ``(2) The exclusion of an alien in the United States under paragraph (1) shall be directed by the Attorney General to a country promptly designated by the alien if that country is willing to accept the alien into its territory, unless the Attorney General concludes that deportation to such country would be prejudicial to the interests of the United States. No alien shall be permitted to make more than one such designation. If the government of the country designated by the alien fails to advise the Attorney General within 5 days following the original inquiry whether that government will or will not accept such alien into its territory, then the Attorney General may thereafter disregard such designation. ``(e) Petition for Review.--An alien adversely affected by an order of a senior asylum officer under this section may, within 48 hours after such order is issued, file a petition for review of the order in a proceeding before an asylum immigration judge. Such review shall be the sole and exclusive administrative review of such order. ``(f) Administrative Review.--An asylum immigration judge, shall promptly hold an administrative hearing which shall be limited to the issues set forth in subsection (g). ``(g) Scope of Review.--The issues referred to in subsection (f) are-- ``(1) whether the applicant is an alien; ``(2) whether the applicant has sought entry to the United States with fraudulent documents or with no documents; ``(3) whether the applicant's request for asylum is frivolous; and ``(4) whether the applicant has been firmly resettled in another nation. ``(h) Asylum Adjudication in Certain Circumstances.--A senior asylum officer may refer an alien not excludable under subsection (d) for asylum adjudication by the Executive Office of Immigration Review while an exclusion proceeding is pending if such proceeding cannot be scheduled within 90 days. ``(i) Judicial Review.--No court shall have jurisdiction to review, except by petition for habeas corpus, any individual determination made with respect to an alien found excludable from the United States under subsection (d). In any such case, review by habeas corpus shall be limited to examination on the questions set forth in subsection (g).''. (c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 235 the following new item: ``Sec. 235A. Expedited procedures for certain asylum cases.''. (d) Effective Date.--The amendments made by this section shall apply to aliens who arrive in, or seek admission to, the United States on or after the date of enactment of this Act. SEC. 3. ENHANCED PENALTIES FOR ALIEN SMUGGLING AND ASYLUM ABUSE. (a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended-- (1) by inserting ``for the purpose of commercial advantage or private financial gain'' after ``Any person who''; (2) by striking ``five years'' and inserting ``10 years''; and (3) by inserting before the period at the end of such paragraph ``(or 20 years, or both, in the case of such a violation in which the person is determined to knowingly or recklessly have caused serious bodily injury to, or have placed in jeopardy the life of, any alien involved in the offense)''. (b) Effective Dates.--The amendment made by subsection (a) shall apply to violations occurring on or after the date of the enactment of this Act. SEC. 4. DEFINITIONS. Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following new paragraphs: ``(47) The term `frivolous' means, with respect to a claim for asylum, a claim that-- ``(A) the grounds of the claim are outside the scope of the definition of a refugee under this section, ``(B) the claim is totally lacking in substance, or ``(C) the claim is manifestly lacking in any credibility. ``(48) The term `firmly resettled' means, after an alien's entry into a country of refuge, the alien's receipt of an offer of permanent resident status, citizenship, or some other type of permanent resettlement unless the alien establishes that-- ``(A) the entry into that country was a necessary consequence of the flight from persecution, that the alien remained in the country only as long as was necessary to arrange onward travel, and that the alien did not establish significant ties in that country; or ``(B) the conditions of residence in that country were so substantially and consciously restricted by the authorities of the country that the alien was not in fact resettled, taking into account the conditions under which other residents of that country live, the type of housing made available to the alien, whether permanent or temporary, the types and extent of employment available to the alien, whether permanent or temporary, and the extent to which the alien received permission to hold property and to enjoy other rights and privileges ordinarily available to other residents in the country such as travel documentation (including documentation for a right of entry or reentry), education, public relief, or naturalization.''. SEC. 5. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall take effect 90 days after the date of the enactment of this Act.

Asylum at Ports of Entry System Improvements Act of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Directs the Attorney General to designate a class of senior asylum officers who shall perform specified expedited asylum examinations at U.S. airports or other ports of entry. Authorizes such officers, upon a finding of frivolous claim or resettlement in another country, to exclude the alien from the United States. Sets forth limited petition and review provisions. Increases penalties for certain alien smuggling offenses. Creates a separate offense and penalty for an alien smuggler who seriously injures or jeopardizes an alien's life.

Asylum at Ports of Entry System Improvements Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson and Mohawk Rivers National Historical Park Act''. SEC. 2. DEFINITIONS. As used in this Act-- (1) Hudson-mohawk area.--The term ``Hudson-Mohawk Area'' means the area made up of the cities of Troy, Cohoes, and Watervliet, the towns of Waterford and Colonie, and the villages of Waterford and Green Island in the State of New York. (2) Park.--The term ``park'' means the Hudson and Mohawk Rivers National Historical Park established pursuant to section 4(c). (3) Sites.--The term ``sites'' means the Harmony Mills National Historic Site and the Kate Mullaney National Historic Site established by sections 4 (a) and (b), respectively. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The area of the confluence of the Hudson and Mohawk Rivers in the State of New York experienced rapid growth and transformation from an agrarian to an industrial area in the early 19th century because of its geographic location, water power, and human creative genius. It has been called the ``Birthplace of America's Industrial Revolution''. (2) The cities and villages in the 19th century that make up the Hudson and Mohawk area were commercial and industrial communities that linked New England's markets with other northeastern cities and Europe, spawned the collar industry, the thriving iron and textile industries, and a diversified economy. (3) The transition from an agrarian to industrial society within this area produced dramatically different relationships between workers and employers and historically significant examples of the Americanization of immigrant workers. (4) The city of Troy was a leader nationally in the development of trade unions with the Troy union of iron molders being at one time the largest local in America and the Trojan laundry workers organizing the first female union in the Nation. (5) Across the Hudson River from Troy in the city of Cohoes, the Harmony Mills complex, America's largest complete cotton mill in its time, made Cohoes a significant example of the company town pervading almost every aspect of the life of the mill workers. (6) As a result of the enactment of Public Law 102-101 calling for a national labor theme study, the Harmony Mills complex and the Kate Mullaney house, home of the organizer of the first female union in the Nation, were nominated for National Historic Landmark status. (7) This area exists today as a reservoir of historic and cultural lands, waterways, and structures revealing the wide diversity of individual and social endeavor associated with the life of the American worker that created a productive urban industrial society. (8) Collectively, the resources of this area provide opportunities for illustrating and interpreting cultural themes of the heritage of the United States and unique opportunities for education, public use and enjoyment. (9) The seven cities, towns, and villages making up this Hudson-Mohawk area have entered into a cooperative arrangement to manage their valuable cultural resources, and the area has been designated by the State of New York to be one of 14 urban cultural parks to represent industrial development and labor themes in the State's development. (10) This area, known as the Hudson-Mohawk Urban Cultural Park or RiverSpark, has been a pioneer in the development of ``partnership parks'' where intergovernmental and public and private partnerships bring about the conservation of its heritage and the attainment of goals for preservation, education, recreation, and economic development. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret for the benefit, inspiration, and education of the people of the United States significant places illustrative and representative of the legacy of the Hudson-Mohawk area workers; (2) to help maintain the integrity of setting in the Hudson-Mohawk area that reveals significant chapters in the story of the American worker; (3) through cooperative management, to coordinate the interpretive, preservation, and recreational efforts of Federal, State, and regional entities in the Hudson-Mohawk area in order to enhance opportunities for education, public use, and enjoyment; and (4) to broaden public understanding of the Hudson-Mohawk area and its role in American prehistory, history, and culture. SEC. 4. ESTABLISHMENT OF SITES AND PARK. (a) Harmony Mills National Historic Site.--There is established, as a unit of the National Park System, the Harmony Mills National Historic Site consisting of a portion of the Harmony Mills complex as depicted on the map entitled ``________'' and dated ________. (b) Kate Mullaney House National Historic Site.--There is established, as a unit of the National Park System, the Kate Mullaney National Historic Site consisting of the home of Kate Mullaney located at 350-8th Street, City of Troy, State of New York and as generally depicted on the map entitled ``________'' and dated ________. (c) Hudson and Mohawk Rivers National Historical Park.-- (1) Establishment.--At such time as the Secretary determines that sufficient lands, improvements, and interests in lands and improvements have been acquired, or at such time as the Secretary has entered into cooperative agreements satisfying the interpretive, preservation, and historical objectives of this Act, the Secretary may establish the Hudson and Mohawk Rivers National Historical Park in the State of New York by publication in the Federal Register of notice of the establishment and a detailed description or map setting forth the lands and improvements included in the park. (2) Included lands.--The park shall consist of the sites established by subsections (a) and (b). (3) Maps.--The maps referred to in this section shall be on file and available for public inspection in appropriate offices of the National Park Service, Department of the Interior. SEC. 5. ACQUISITION OF REAL AND PERSONAL PROPERTY AND SERVICES. (a) Real Property.--The Secretary may acquire the sites and such lands and improvements as are necessary for the management and operation of the sites. (b) Personal Property.--For the purposes of the Park, the Secretary may acquire historic objects and artifacts and other personal property associated with and appropriate for the interpretation of the Park. (c) Other Property, Funds, and Services.--For the purpose of carrying out this Act, the Secretary may accept donated funds, property, and services and enter into cooperative agreements with the Office of Parks, Recreation and Historic Preservation of the State of New York, the Department of Environmental Conservation of the State of New York, and other appropriate State, county, and local entities and individuals, including the Hudson-Mohawk Urban Cultural Park Commission, the Hudson-Mohawk Industrial Gateway, the Hudson River Valley Greenway Council, and other private museums and institutions. SEC. 6. ADMINISTRATION OF PARK. (a) In General.--The Secretary shall administer the park in accordance with this Act and all laws generally applicable to national historic sites, including the Acts entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.), and ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) Preservation and Interpretation.--In administering the park, the Secretary shall preserve and interpret the site and preserve and perpetuate knowledge and understanding of the park's natural and cultural resources. (c) In General.-- (1) Cooperative agreements.--To further the purposes of this Act, the Secretary may consult with and enter into cooperative agreements with the State of New York and other public and private entities. Each agreement shall facilitate the development, presentation, and funding of exhibits and programs and other appropriate activities related to the preservation, development, and use of the park, and encourage an appreciation of the story and traditions inspired by the workers of the Hudson-Mohawk area. (2) Technical assistance.--Through agreements, the Secretary may provide technical assistance to cooperating entities described in paragraph (1) for the marking, interpretation, restoration, preservation, or interpretation of any property listed in section 4. (3) Interpretation agreements.--The Secretary may enter into additional cooperative agreements to plan and coordinate the interpretation of the cultural and natural history of the Hudson River Valley region, which provides the context for relating the story of the workers of the Hudson-Mohawk area. (d) General Management Plan.-- (1) In general.--Not later than the end of the second fiscal year that begins after the establishment of the park, the Secretary shall submit to the Committee or Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a general management plan for the sites and the park. (2) Consultation.--In preparing the plan, the Secretary, acting through the Director of the National Park Service, shall consult with advisors (including representatives of cooperating entities described in subsection (c), representatives of local and municipal interests, nationally recognized historians, scholars, and other experts) concerning the interpretation, preservation, and visitations of, and other issues pertaining to the Park and other sites of related historical or scenic significance in the Hudson-Mohawk Rivers area. (3) Statutory authorities.--The plan shall be prepared in accordance with this subsection and section 12(b) of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a-7), and other applicable law. (4) Contents.--The plan shall include-- (A) recommendations and cost estimates for the identification, marking, interpretation, and preservation of properties associated with the workers of the Hudson-Mohawk Rivers area to be carried out through cooperative agreements and other means considered appropriate and practicable; (B) recommendations on ways to broaden public understanding of the Hudson and its role in American prehistory, history, and culture; and (C) recommendations on ways to foster relevant public education, resources preservation, and appropriate levels of regional tourism. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Hudson and Mohawk Rivers National Historical Park Act - Establishes, as a unit of the National Park System, in New York State: (1) the Harmony Mills National Historic Site; and (2) the Kate Mullaney House National Historic Site. Authorizes the Secretary of the Interior to establish the Hudson and Mohawk Rivers National Historical Park in New York State, subject to specified requirements. Sets forth provisions regarding: (1) the Secretary's acquisition of real and personal property and acceptance of donated funds, property, and services in connection with the Sites and Park; and (2) Park administration, including preservation and interpretation, cooperative and interpretation agreements, technical assistance, and the contents and submission to specified congressional committees of a general management plan for the Sites and the Park. Authorizes appropriations.

Hudson and Mohawk Rivers National Historical Park Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Future for America's Veterans Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Commission on the Future for America's Veterans (hereinafter in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Composition.-- (1) In general.--The Commission shall be composed of 12 members appointed in accordance with paragraph (2) and 3 ex officio members designated in paragraph (3). (2) Appointed members.--Members of the Commission shall be appointed as follows: (A) The Speaker of the House of Representatives and the majority leader of the Senate, acting jointly, in consultation with the chairman of the Committee on Veterans' Affairs of the Senate and the chairman of the Committee on Veterans' Affairs of the House of Representatives, shall appoint four members. (B) Eight members shall be appointed from among individuals who are not full-time officers or employees of the United States as follows: (i) The chairman of the Committee on Veterans' Affairs of the Senate and the ranking member of that committee shall each appoint one member. (ii) The chairman of the Committee on Veterans' Affairs of the House of Representatives and the ranking member of that committee shall each appoint one member. (iii) The chairman of the Committee on Armed Services of the Senate and the ranking member of that committee shall each appoint one member. (iv) The chairman of the Committee on National Security of the House of Representatives and the ranking member of that committee shall each appoint one member. (C) Members appointed under this paragraph shall have appropriate experience and expertise on veterans, organizational, and management matters, as well as on health care services available to veterans provided by the Secretary of Veterans Affairs, and to the maximum extent practicable, shall be veterans. (3) Ex officio members.--The following shall serve as members of the Commission: (A) The Under Secretary for Health of the Department of Veterans Affairs, or the Under Secretary's designee. (B) The Assistant Secretary of Defense for Health Affairs of the Department of Defense, or the Assistant Secretary's designee. (C) The Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services, or the Assistant Secretary's designee. (b) Designation of the Chairman.--The Speaker of the House of Representatives and the majority leader of the Senate, acting jointly, in consultation with the chairman of the Committee on Veterans' Affairs of the Senate and the chairman of the Committee on Veterans' Affairs of the House of Representatives shall, from the members appointed under subsection (a)(1), designate the chairman of the Commission. (c) Time for Appointment, Designation.--The members of the Commission shall be appointed and the chairman of the Commission shall be designated not later than 30 days after the date of the enactment of this Act. (d) Period of Appointment; Vacancies.-- (1) Period.--Members of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (e) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Meetings.-- (1) In general.--The Commission shall meet at the call of the chairman of the Commission. (2) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (g) Majority Vote.--The Commission may not submit a legislative proposal or make a recommendation or report to Congress unless the proposal, recommendation or report is approved by a majority of the members of the Commission present and voting, a quorum being present. (h) Authority of Individuals To Act for Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this Act. SEC. 4. DUTIES. (a) Study.--The Commission shall conduct a comprehensive study of health care services provided by the Secretary of Veterans Affairs. (b) Matters Studied.--The matters studied by the Commission shall include-- (1) legislative proposals to improve delivery of health care to veterans, including H.R. 1767 of the 104th Congress, H.R. 3117 of the 104th Congress, H.R. 3119 of the 104th Congress, and the G.I. Bill of Health (H.R. 3950 of the 104th Congress); (2) alternative means for delivery of health care to a veteran (such as managed care); and (3) eligibility reform. (c) Demonstration Project Bill.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to Congress a legislative proposal in the form of a draft bill (hereinafter in this Act referred to as a ``demonstration project bill''). (2) Content of bill.-- (A) Authority of secretary.--A demonstration project bill shall authorize the Secretary of Veterans Affairs to implement temporary demonstration projects to improve health care services under the Department of Veterans Affairs. (B) Implementation at medical centers.--A demonstration project bill shall provide that the temporary demonstration projects be implemented at no fewer than 20 and no greater than 40 Department of Veterans Affairs medical centers specified in the demonstration project bill. (C) Selection of centers.--In selecting the centers under subparagraph (B), the chairman, in consultation with the Secretary of Veterans Affairs, shall assure a diversity of centers according to geographic areas, demographic characteristics of, and specialized medical services provided by individual centers. (D) Termination.--A demonstration project bill shall provide that the temporary demonstration projects terminate not later than 18 months after the date of the enactment of the Act providing for such temporary demonstration projects. (d) Evaluation of Projects; Audit.--The Commission shall monitor and evaluate the temporary demonstration projects and shall arrange for audits of such projects. (e) Report.--Not later than 15 months after the date of the enactment of the Act providing for the temporary demonstration projects under subsection (c), the chairman of the Commission shall submit to Congress a report which contains a detailed statement of the findings and conclusions of the Commission with respect to the temporary demonstration projects, together with recommendations for such legislation and administrative action as the Commission considers appropriate. SEC. 5. EXPEDITED CONGRESSIONAL PROCEDURE. (a) Procedure in the House of Representatives.-- (1) Introduction of demonstration project bill.--A qualified demonstration project bill is one that is introduced by the majority leader of the House of Representatives for himself and the minority leader of the House of Representatives, or by Members designated jointly by the majority leader and the minority leader of the House of Representatives, not later than the close of the 15th day after the date on which such bill is submitted to the House of Representatives under section 4(c). (2) Committee consideration.--If a committee to which a qualified demonstration project bill has been referred has not reported such bill at the close of the 10th day after the date of the bill's introduction, such committee shall be automatically discharged from further consideration of the bill, and the bill shall be placed on the appropriate calendar. (3) Computation of days.--For purposes of this subsection, in computing the number of days, there shall be excluded any day on which the House of Representatives is not in session. (b) Procedure in the Senate.-- (c) Rules of the House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such it shall be considered as part of the rules of each House, respectively, or of that House to which it specifically applies, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to such 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. 6. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The chairman of the Commission may secure directly from any department or agency of the Federal Government such information as the chairman of the Commission considers necessary to carry out the duties under this Act. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information expeditiously to the Commission. (c) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. (a) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (b) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (c) Miscellaneous Administrative Support.--The Secretary of Veterans Affairs and the Secretary of Defense shall, upon the request of the chairman of the Commission, furnish the Commission, on a reimbursable basis, such administrative and support services as the Commission may require. SEC. 8. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--Except as provided in paragraph (2), each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (b) Travel.--Members and personnel of the Commission may travel on military aircraft, military vehicles, or other military conveyances when travel is necessary in the performance of a duty of the Commission except when the cost of commercial transportation is less expensive. (c) Staff.-- (1) Appointment.--The chairman of the Commission may appoint, without regard to civil service laws and regulations, an executive director and such additional personnel as may be necessary to carry out the duties of the Commission. (2) Preference to veterans.-- (A) Executive director.--The executive director of the Commission shall be a veteran. (B) Additional personnel.--In appointing additional personnel to the Commission, the chairman shall give preference to veterans. (3) Compensation of staff.--The chairman of the Commission may fix the compensation of the executive director and additional personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and additional personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Upon request of the chairman of the Commission, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (e) Procurement of Temporary and Intermittent Services.--The chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5316 of such title. SEC. 9. FUNDING. Of the amounts appropriated for the Department of Veterans Affairs for fiscal year 1997 or subsequent fiscal years, the Secretary of Veterans Affairs shall make available to the Commission such amounts as the chairman of the Commission certifies to the Secretary as necessary for the Commission to carry out its duties under this Act. SEC. 10. TERMINATION. The Commission shall terminate 30 days after the date of the termination of the temporary demonstration projects under section 4(c).

Commission on the Future for America's Veterans Act - Establishes the Commission on the Future for America's Veterans to: (1) conduct a comprehensive study of health care services provided by the Secretary of Veterans Affairs; (2) submit to the Congress a demonstration project bill; and (3) report to the Congress on the projects. Requires the bill to authorize the Secretary to implement temporary demonstration projects for the improvement of veterans' health care services at 20 to 40 specified Department of Veterans Affairs medical centers. Provides for expedited congressional consideration of the bill.

Commission on the Future for America's Veterans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Annual Assay Commission Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is in the national interest for the citizens of the Nation, and those who purchase products of the United States Mint, to know that gold, silver, and platinum coinage produced by the several United States mints are of the proper size, weight, and purity provided for by law. (2) From 1792 until 1977, an annual assay commission, as first required by the Act entitled ``An Act establishing a Mint, and regulating the Coins of the United States'' and approved April 2, 1792, performed such functions, until such time as there were no precious metal coins regularly being produced by the United States mints. (3) Since 1977, the United States Mint has begun regular production of bullion coinage comprised of .999 fine silver, .9995 fine platinum, and gold of either .900 or .999 fine. (4) Since 1982, the United States Mint has produced millions of gold and silver commemorative coins that have sold to collectors and others on the primary market for more than $1,000,000,000. (5) It is desirable to involve numismatists, and others, in the process of marketing and merchandising of coins, of which an annual assay is an important component part. (6) There is a marketing need for an annual ceremony to attest that the coins produced by the several United States mints are manufactured in conformity with their statutory requirements, to publicize the same, and to involve the general and numismatic public in the annual assay and its report. SEC. 3. ANNUAL ASSAY REQUIRED. (a) In General.--To secure conformity in the composition and weight of the minor coinage of the United States, subsidiary denominations, dollar coins, and coins struck in silver, gold, platinum and other precious metals, an annual assay shall be held in the manner provided in subsection (b)(4) to test and examine, in the presence of the Director of the Mint, the fineness and weight of the coins reserved by the several mints for this purpose. (b) Assay Commission.-- (1) Membership and appointment.-- (A) In general.--The annual assay required under subsection (a) shall be conducted by an assay commission consisting of such number of members as the President may determine to be appropriate, not to exceed 25, who shall be appointed by the President. (B) Representation of numismatists.--At least \1/2\ of the members of the assay commission shall be appointed from among individuals who are, by reason of education, training, or experience, amateur or professional numismatists. (2) Terms.--Members of the assay commission shall-- (A) be appointed each year by the President to serve for that year only; and (B) not be eligible for re-appointment until a period of not less than 5 years has passed since their most recent appointment expired. (3) Service without compensation.--Members of the assay commission shall serve without pay, except that such members shall be entitled to receive, in accordance with section 5703 of title 5, United States Code, travel or transportation expenses, or a per diem allowance in lieu of expenses, while away from such member's home or place of business in connection with such member's service on the assay commission. (4) Meetings of assay commission.-- (A) In general.--The assay commission shall meet on the second Wednesday in February of each year, to carry out the duties of the commission under this section. (B) Location.--The meeting of the assay commission shall be convened at any United States mint, or at the United States Mint in Washington, D.C., as determined by the Director of the Mint. (C) Continuation following adjournment.--The meeting of the assay commission may continue following adjournment if necessary. (D) Other meetings.--If a majority of the members of the assay commission fail to attend any meeting scheduled pursuant to subparagraph (A), the Director of the Mint shall call a meeting of the commissioners at such other time as the Director determines to be convenient. (5) Expenses of assay commission.--The expenses of the assay commission which the Secretary determines are reasonable and appropriate shall be paid by the Secretary from the United States Mint Public Enterprise Fund under section 5136 of title 31, United States Code. (c) Selection and Transfer of Coins.-- (1) In general.--In accordance with regulations prescribed by the Secretary of the Treasury, each superintendent of a United States mint shall select and transfer, without examination and discrimination, specimens of coins in the manner described in paragraphs (2) and (3) for assay at trial to the Office of the Director of the Mint in Washington, D.C. (2) Certain circulating coins.--For each issue of circulating coins, other than 1-cent and 5-cent coins, by any United States mint, specimen coins for special assay and testing shall be taken at random as follows: (A) In the case of dollar coins, half dollar coins, and quarter dollar coins, not less than 2 coins for each 200,000 pieces or fraction thereof issued. (B) In the case of dime coins, not less than 2 coins for each 400,000 pieces or fraction thereof issued. (3) Other coins.--For each issue of coins not described in subparagraph (A) by any United States mint, including bullion coins and special numismatic coins, specimen coins for the examination and testing shall be taken at random in such quantities as the Secretary of the Treasury shall direct, but not less than 10 coins of each quality of coin struck at each facility of the United States Mint producing such coins. (4) Manner of selection and transfer.--The selection of specimen coins under this subsection shall be made by a superintendent of a United States mint under this section, or by a representative designated by such superintendent, in the presence of the assayer or person who performs such assay function, or by a representative designated by the assayer or other person, without testing and the coins so selected selection shall be protected from attrition and enclosed in envelopes which shall be sealed and labeled to show the place of coinage, the date, number, and amount of delivery, and the number and denomination of the pieces enclosed. (d) Procedure Following Examination and Testing.-- (1) Standardized fineness and weight.--If it appears to the assay commission, after examination and testing, that the coins presented to the assay commission coins do not differ from the standard fineness and weight by a greater quantity than is permitted by such regulations as the Secretary of the Treasury may from time to time prescribe, the trial by the assay commission shall be considered and reported as satisfactory. (2) Deviation.--If, after the examination and testing referred to in paragraph (1), it appears to the assay commission that any coin differs from the standard fineness and weight by a greater quantity than is permitted by the regulations referred to in such paragraph, this fact shall be certified to the Director of the Mint and the Secretary of the Treasury, and the Secretary shall take such action as is appropriate to rectify the cause. (e) Laboratory Tests of Additional Specimen Coins.--In addition to the specimen coins selected under other provisions of this subsection, specimen coins, as either proof or uncirculated pieces, may be forwarded promptly to the Director of the Mint for laboratory testing as to their conformity in composition and weight with the requirements of law. (f) Annual Report.-- (1) Report required.--The Director of the Mint shall prepare and publish an annual report containing the report of the assay commission for such year and the results of laboratory tests conducted pursuant to subsection (e). (2) Submission to the congress.--Each report prepared pursuant to paragraph (1) shall be submitted to the Congress. SEC. 4. PRODUCTION OF ASSAY COMMISSION MEDALS. The Director of the Mint may continue the practice of producing assay commission medals for the members of the assay commission, if bronze copies of such medals are made available for sale to the general public.

Authorizes the Director to continue the practice of producing assay commission medals for assay commission members if bronze copies of such medals are made available for sale to the general public.

Annual Assay Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Investment Protection Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) many seniors are targeted by salespersons and advisers using misleading certifications and professional designations; (2) many certifications and professional designations used by salespersons and advisers represent limited training or expertise, and may in fact be of no value with respect to advising seniors on financial and estate planning matters, and far too often, such designations are obtained simply by attending a weekend seminar and passing an open book, multiple choice test; (3) many seniors have lost their life savings because salespersons and advisers holding a misleading designation have steered them toward products that were unsuitable for them, given their retirement needs and life expectancies; (4) seniors have a right to clearly know whether they are working with a qualified adviser who understands the products and is working in their best interest or a self-interested salesperson or adviser advocating particular products; and (5) many existing State laws and enforcement measures addressing the use of certifications, professional designations, and suitability standards in selling financial products to seniors are inadequate to protect senior investors from salespersons and advisers using such designations. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``misleading designation''-- (A) means the use of a purported certification, professional designation, or other credential, that indicates or implies that a salesperson or adviser has special certification or training in advising or servicing seniors; and (B) does not include any legitimate certification, professional designation, license, or other credential, if-- (i) it has been offered by an academic institution having regional accreditation; or (ii) it meets the standards for certifications, licenses, and professional designations outlined by the North American Securities Administrators Association (in this Act referred to as the ``NASAA'') Model Rule on the Use of Senior-Specific Certifications and Professional Designations, or it was issued by or obtained from any State; (2) the term ``financial product'' means securities, insurance products (including insurance products which pay a return, whether fixed or variable), and bank and loan products; (3) the term ``misleading or fraudulent marketing'' means the use of a misleading designation in selling or advising a senior in the sale of a financial product; (4) the term ``senior'' means any individual who has attained the age of 62 or older; and (5) the term ``State'' means each of the 50 States, the District of Columbia, and the unincorporated territories of Puerto Rico and the U.S. Virgin Islands. SEC. 4. GRANTS TO STATES FOR ENHANCED PROTECTION OF SENIORS FROM BEING MISLEAD BY FALSE DESIGNATIONS. (a) Grant Program.--The Attorney General of the United States (in this Act referred to as the ``Attorney General'')-- (1) shall establish a program in accordance with this Act to provide grants to States-- (A) to investigate and prosecute misleading and fraudulent marketing practices; or (B) to develop educational materials and training aimed at reducing misleading and fraudulent marketing of financial products toward seniors; and (2) may establish such performance objectives, reporting requirements, and application procedures for States and State agencies receiving grants under this Act as the Attorney General determines are necessary to carry out and assess the effectiveness of the program under this Act. (b) Use of Grant Amounts.--A grant under this Act may be used (including through subgrants) by the State or the appropriate State agency designated by the State-- (1) to fund additional staff to identify, investigate, and prosecute cases involving misleading or fraudulent marketing of financial products to seniors; (2) to fund technology, equipment, and training for regulators, prosecutors, and law enforcement in order to identify salespersons and advisers who target seniors through the use of misleading designations; (3) to fund technology, equipment, and training for prosecutors to increase the successful prosecution of those targeting seniors with the use of misleading designations; (4) to provide educational materials and training to regulators on the appropriateness of the use of designations by salespersons and advisers of financial products; (5) to provide educational materials and training to seniors to increase their awareness and understanding of designations; (6) to develop comprehensive plans to combat misleading or fraudulent marketing of financial products to seniors; and (7) to enhance provisions of State law that could offer additional protection for seniors against misleading or fraudulent marketing of financial products. (c) Grant Requirements.-- (1) Maximum.--The amount of a grant under this Act may not exceed $500,000 per fiscal year per State, if all requirements of paragraphs (2), (3), (4), and (5) are met. Such amount shall be limited to $100,000 per fiscal year per State in any case in which the State meets the requirements of-- (A) paragraphs (2) and (3), but not each of paragraphs (4) and (5); or (B) paragraphs (4) and (5), but not each of paragraphs (2) and (3). (2) Standard designation rules for securities.--A State shall have adopted rules on the appropriate use of designations in the offer or sale of securities or investment advice, which shall, to the extent practicable, conform to the minimum requirements of the NASAA Model Rule on the Use of Senior- Specific Certifications and Professional Designations, as in effect on the date of enactment of this Act, or any successor thereto, as determined by the Attorney General. (3) Suitability rules for securities.--A State shall have adopted standard rules on the suitability requirements in the sale of securities, which shall, to the extent practicable, conform to the minimum requirements on suitability imposed by self-regulatory organization rules under the securities laws (as defined in section 3 of the Securities Exchange Act of 1934), as determined by the Attorney General. (4) Standard designation rules for insurance products.--A State shall have adopted standard rules on the appropriate use of designations in the sale of insurance products, which shall, to the extent practicable, conform to the minimum requirements of the National Association of Insurance Commissioners Model Regulation on the Use of Senior-Specific Certifications and Professional Designations in the Sale of Life Insurance and Annuities, as in effect on the date of enactment of this Act, or any successor thereto, as determined by the Attorney General. (5) Suitability rules for insurance products.--A State shall have adopted suitability standards for the sale of annuity products, under which, at a minimum (as determined by the Attorney General)-- (A) insurers shall be responsible and liable for ensuring that sales of their annuity products meet their suitability requirements; (B) insurers shall have an obligation to ensure that the prospective senior purchaser has sufficient information for making an informed decision about a purchase of an annuity product; (C) the prospective senior purchaser shall be informed of the total fees, costs, and commissions associated with establishing the annuity transaction, as well as the total fees, costs, commissions, and penalties associated with the termination of the transaction or agreement; and (D) insurers and their agents are prohibited from recommending the sale of an annuity product to a senior, if the agent fails to obtain sufficient information in order to satisfy the insurer and the agent that the transaction is suitable for the senior. SEC. 5. APPLICATIONS. To be eligible for a grant under this Act, the State or appropriate State agency shall submit to the Attorney General a proposal to use the grant money to protect seniors from misleading or fraudulent marketing techniques in the offer and sale of financial products, which application shall-- (1) identify the scope of the problem; (2) describe how the proposed program will help to protect seniors from misleading or fraudulent marketing in the sale of financial products, including, at a minimum-- (A) by proactively identifying senior victims of misleading and fraudulent marketing in the offer and sale of financial products; (B) how the proposed program can assist in the investigation and prosecution of those using misleading or fraudulent marketing in the offer and sale of financial products to seniors; and (C) how the proposed program can help discourage and reduce future cases of misleading or fraudulent marketing in the offer and sale of financial products to seniors; and (3) describe how the proposed program is to be integrated with other existing State efforts. SEC. 6. LENGTH OF PARTICIPATION. A State receiving a grant under this Act shall be provided assistance funds for a period of 3 years, after which the State may reapply for additional funding. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $8,000,000 for each of the fiscal years 2010 through 2014.

Senior Investment Protection Act of 2009 - Directs the Attorney General to establish a program of grants to states to: (1) investigate and prosecute misleading and fraudulent marketing practices; or (2) develop educational materials and training aimed at reducing misleading and fraudulent marketing of financial products toward seniors.

A bill to protect older Americans from misleading and fraudulent marketing practices, with the goal of increasing retirement security.

SECTION 1. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF REPRESENTATIVES CANDIDATE. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation shall be $1,000.''. SEC. 2. PROHIBITION ON HOUSE OF REPRESENTATIVES GENERAL ELECTION CONTRIBUTIONS IN NONELECTION YEARS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not solicit or accept any contribution in an odd-numbered year with respect to a general election for such office or any primary election relating to the general election.''. SEC. 3. BAN ON SOFT MONEY. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 4. VOLUNTARY EXPENDITURE LIMITATION FOR HOUSE OF REPRESENTATIVES ELECTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 2, is further amended by adding at the end the following new subsection: ``(j) In such form and manner as the Commission may prescribe, each candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress in a general election or a primary election for such office shall be given the opportunity to comply with a voluntary expenditure limitation of $500,000 with respect to the general election and any primary election relating to the general election. In the case of a candidate who declines to comply with the voluntary limitation, the limitation under subsection (a)(1)(A) shall be $250.''. SEC. 5. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN IN-STATE RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2 and 4, is further amended by adding at the end the following new subsection: ``(k)(1) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from persons other than in-State residents totaling in excess of one- half of the total of contributions accepted with respect to the reporting period. ``(2) As used in this subsection, the term `in-State resident' means an individual who resides in the State in which the congressional district involved is located.''. SEC. 6. PROHIBITION OF FRANKED MASS MAILINGS BY MEMBERS OF THE HOUSE OF REPRESENTATIVES IN ELECTION YEARS. Notwithstanding any other provision of law, or any rule or other authority, a Member of the House of Representatives may not make any franked mass mailing in an even-numbered year. As used in this section-- (1) the term ``mass mailing'' has the meaning given that term in section 3210 of title 39, United States Code; and (2) the term ``Member of the House of Representatives'' means a Representative in, or a Delegate or Resident Commissioner to, the Congress. SEC. 7. ELIMINATION OF CARRY-OVER OF CAMPAIGN FUNDS BETWEEN HOUSE OF REPRESENTATIVES ELECTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by sections 2, 4, and 5, is further amended by adding at the end the following new subsection: ``(l) Notwithstanding any other provision of this Act, if after satisfying all financial obligations with respect to a general election and any primary election relating to the general election, a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress has a campaign account balance, the candidate shall return the excess funds to contributors or, at the option of the candidate, donate the excess funds to charity. No excess funds may be carried forward or used for any other purpose.''.

Amends the Federal Election Campaign Act of 1971 to reduce the amount of contributions that a multicandidate political committee (PAC) may make to a House of Representatives candidate. Prohibits House general election contributions in nonelection years. Sets forth: (1) limitations and reporting requirements for amounts paid for mixed political activities ("soft money"); (2) voluntary expenditure limitations for House elections; and (3) House contribution limitations from persons other than in-State residents. Prohibits election-year franked mass mailings by House members. Requires House members to return or give to charity unused campaign funds.

To amend the Federal Election Campaign Act of 1971 to lower the maximum amount of contributions a multicandidate political committee may make to a House of Representatives candidate, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Interoperable Communications Act'' or the ``DHS Interoperable Communications Act''. SEC. 2. INCLUSION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES IN RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT. Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- (1) in paragraph (4) of subsection (a), by inserting before the period at the end the following: ``, including policies and directives to achieve and maintain interoperable communications among the components of the Department''; and (2) by adding at the end the following new subsection: ``(d) Interoperable Communications Defined.--In this section, the term `interoperable communications' means the ability of components of the Department to communicate with each other as necessary, utilizing information technology systems and radio communications systems to exchange voice, data, and video in real time, as necessary, for acts of terrorism, daily operations, planned events, and emergencies.''. SEC. 3. STRATEGY. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Under Secretary for Management of the Department of Homeland Security 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 strategy, which shall be updated as necessary, for achieving and maintaining interoperable communications (as such term is defined in subsection (d) of section 701 of the Homeland Security Act of 2002, as added by section 2 of this Act) among the components of the Department of Homeland Security, including for daily operations, planned events, and emergencies, with corresponding milestones, that includes, at a minimum the following: (1) An assessment of interoperability gaps in radio communications among the components of the Department, as of the date of the enactment of this Act. (2) Information on efforts and activities, including current and planned policies, directives, and training, of the Department since November 1, 2012, to achieve and maintain interoperable communications among the components of the Department, and planned efforts and activities of the Department to achieve and maintain such interoperable communications. (3) An assessment of obstacles and challenges to achieving and maintaining interoperable communications among the components of the Department. (4) Information on, and an assessment of, the adequacy of mechanisms available to the Under Secretary for Management to enforce and compel compliance with interoperable communications policies and directives of the Department. (5) Guidance provided to the components of the Department to implement interoperable communications policies and directives of the Department. (6) The total amount of funds expended by the Department since November 1, 2012, and projected future expenditures, to achieve interoperable communications, including on equipment, infrastructure, and maintenance. (7) Dates upon which Department-wide interoperability is projected to be achieved for voice, data, and video communications, respectively, and interim milestones that correspond to the achievement of each such mode of communication. (b) Supplementary Material.--Together with the strategy required under subsection (a), the Under Secretary for Management 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 information on any intra-agency effort or task force that has been delegated certain responsibilities by the Under Secretary relating to achieving and maintaining interoperable communications among the components of the Department by the dates referred to in paragraph (9) of subsection (a), and on who, within each such component, is responsible for implementing policies and directives issued by the Under Secretary to so achieve and maintain such interoperable communications. SEC. 4. REPORT. Not later than 220 days after the date of the enactment of this Act and biannually thereafter, the Under Secretary for Management 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 the status of efforts, since the issuance of the strategy required under section 3, to implement such strategy, including the following: (1) Progress on each interim milestone referred to in paragraph (9) of subsection (a) toward achieving and maintaining interoperable communications among the components of the Department. (2) Information on any policies, directives, guidance, and training established by the Under Secretary. (3) An assessment of the level of compliance, adoption, and participation among the components of the Department with the policies, directives, guidance, and training established by the Under Secretary to achieve and maintain interoperable communications among such components. (4) Information on any additional resources or authorities needed by the Under Secretary. Passed the House of Representatives July 8, 2014. Attest: KAREN L. HAAS, Clerk.

. Department of Homeland Security Interoperable Communications Act or the DHS Interoperable Communications Act - Amends the Homeland Security Act of 2002 to include among the responsibilities of the Under Secretary for Management responsibilities with respect to policies and directives to achieve and maintain interoperable communications among the components of the Department of Homeland Security (DHS). Requires such Under Secretary to submit to the House and Senate homeland security committees a strategy, which shall be updated as necessary, for achieving and maintaining interoperable communications, including for daily operations, planned events, and emergencies, with corresponding milestones, that includes: an assessment of interoperability gaps in radio communications among the DHS components, as of this Act's enactment date; information on DHS efforts and activities, including current and planned policies, directives, and training, since November 1, 2012, to achieve and maintain interoperable communications, and planned efforts and activities to achieve and maintain interoperable communications; an assessment of obstacles and challenges to achieving and maintaining interoperable communications; information on, and an assessment of, the adequacy of mechanisms available to the Under Secretary to enforce and compel compliance with interoperable communications policies and directives of DHS; guidance provided to DHS components to implement interoperable communications policies and directives; the total amount of funds expended by DHS since November 1, 2012, and projected future expenditures, to achieve interoperable communications; and dates upon which DHS-wide interoperability is projected to be achieved for voice, data, and video communications, respectively, and interim milestones. Directs the Under Secretary to submit information on any intra-agency effort or task force that has been delegated responsibilities by the Under Secretary relating to achieving and maintaining interoperable communications within a specified time frame, and on who, within each component, is responsible for implementing policies and directives issued by the Under Secretary to achieve and maintain interoperable communications. Directs the Under Secretary to report on the status of efforts since the issuance of the strategy to implement such strategy, including: (1) progress on each interim milestone; (2) information on any policies, directives, guidance, and training established by the Under Secretary; (3) an assessment of the level of compliance, adoption, and participation among the DHS components with the policies, directives, guidance, and training established by the Under Secretary; and (4) information on any additional resources or authorities needed by the Under Secretary.

Department of Homeland Security Interoperable Communications Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Access to E-Governance Act'' or the ``GATE Act''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a grant program to provide funds to State and local governments to enable them to deploy broadband computer networks for the conduct of electronic governance transactions by citizens in local schools and libraries. SEC. 3. GRANT AUTHORIZATION. (a) Terms for Authorization.--From the funds appropriated under section 6, the Secretary shall make grants to State governments and units of local government to carry out activities consistent with subsection (b). Such grants shall-- (1) be awarded to urban and rural governments that are deploying or plan to deploy community-based schools or communities of learning which will utilize electronic governance transactions processing systems; and (2) contain such other provision as the Secretary considers necessary pursuant to this Act. (b) Use of Grant Proceeds.--Grants made available to a State government or unit of local government under this Act may be used-- (1) to hire contractors or non-profit organizations to deploy and manage the broadband computer networks needed to permit citizens to conduct governance transactions electronically rather than on paper; (2) to acquire broadband infrastructure, computers, and other equipment for such networks; and (3) to acquire related software and services to support such networks. SEC. 4. ALLOCATION OF FUNDS. (a) Grant Allocation Criteria.--Under the criteria set forth under this section, the Secretary shall decide which State governments and units of local governments will be awarded grants to carry out activity consistent with section 3(b). (b) Allocation Criteria.--Such criteria shall-- (1) require cost-benefit analysis for deployment of broadband infrastructure, network and equipment; (2) require that the Federal share of the cost of any such activity not exceed 60 percent; (3) require documentation that clearly defines preexisting user fee-driven government transactions and service delivery processing systems, paper or electronic, that can be readily deployed to the World Wide Web; (4) require documented expertise in information technology deployment by the deployment entity; (5) require deployment partnership contracts; (6) designate grant allocation to State agencies, such as departments of education or departments of community affairs, that statutorily distribute governmental resources to city, regional, and local units of government, financing authorities, and school districts; and (7) require that any State government that receives a grant under this Act will ensure that at least 50 percent of such grant will be used for the benefit of rural areas in such State. SEC. 5. REGULATIONS. The Secretary may issue such regulations as may be necessary and appropriate to carry out this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to make grants under this Act such sums as may be necessary for fiscal year 2003 and each of the 4 succeeding fiscal years. SEC. 7. DEFINITIONS. For the purposes of this Act: (1) Broadband infrastructure.--The term ``broadband infrastructure'' means fiber optic, digital subscriber lines (DSL), cable transmission, broadband wireless, and broadband satellite mediums. (2) Electronic governance transaction.--The term ``electronic governance transaction'' means any electronic transaction between a citizen and an agency of State or local government, exercised both by the public through the democratic process, and by the executive, legislative, and judicial branches of government in their management and oversight of operations, and includes issuing of marriage licenses, building permits, professional licenses, or other licenses, registrations, permits, deeds, titles, certificates, or records, and providing of government services, including electronic benefits transfer, technology skills training, distance or lifelong learning, business and industry educational needs, and other relevant government services. (3) Deployment partnership contract.--The term ``deployment partnership contract'' means a legally binding contract entered into by all relevant entities participating in the repayment process. (4) Deployment entity.--The term ``deployment entity'' means the State agency, local government unit, private sector company, or nonprofit organization contracted to deploy and manage the broadband networked computer system. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

Greater Access to E-Governance Act - GATE Act - Directs the Secretary of Commerce to make grants to state and local governments to assist them in deploying broadband computer networks for the conduct of electronic governance transactions by citizens in local schools and libraries. Allows such grants to be used to: (1) hire contractors or nonprofit organizations to deploy and manage such networks; (2) acquire broadband infrastructure, computers, and other equipment for such networks; and (3) acquire related software and services to support such networks. Sets forth grant allocation criteria.

To establish a program to assist States and local governments for the conduct of electronic governance transactions at libraries and elementary and secondary schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limitation on Assistance to the Palestinian Authority Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) In fiscal year 2005, the United States provided $275 million to the West Bank and Gaza, of which $50 million was provided directly to the Palestinian Authority. (2) On January 25, 2006, the militant group Hamas, an organization designated by the Department of State as a foreign terrorist organization, won parliamentary elections and control of the Palestinian government. (3) The inclusion of Hamas or any other foreign terrorist organization in a Palestinian government is an implicit endorsement of anti-American and anti-Israeli terrorist ideology. (4) On December 16, 2005, the House of Representatives overwhelmingly passed House Resolution 575, which asserts that ``terrorist organizations, such as Hamas, should not be permitted to participate in Palestinian elections until such organizations recognize Israel's right to exist as a Jewish state, cease incitement, condemn terrorism, and permanently disarm and dismantle their terrorist infrastructure''. (5) House Resolution 575 further asserts that ``the inclusion of Hamas, or any other terrorist group on the Department of State's list of foreign terrorist organizations, in the Palestinian Authority's government will inevitably raise serious questions for the United States about the commitment of the Palestinian Authority and its leadership to making peace with Israel and will potentially undermine the ability of the United States to have a constructive relationship with, or provide further assistance to, the Palestinian Authority''. (6) Hamas is a terrorist organization that has killed more than 500 people since 1989, including more than two dozen United States citizens. (7) The United States has clearly stated that armed militias attached to political parties are incompatible with democratic societies. SEC. 3. DECLARATION OF POLICY. It shall be the policy of the United States to promote the emergence of a democratic Palestinian government that-- (1) denounces and combats terrorism; (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities; (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society; (4) respects the boundaries and sovereignty of its neighbors; (5) recognizes the existence of Israel and its right to secure borders; and (6) acknowledges, respects, and upholds the human rights of all people. SEC. 4. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. ``(a) Limitation.--Assistance may be provided under this Act or any other provision of law to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect. ``(b) Certification.--A certification described in this subsection is a certification transmitted by the President to Congress that contains a determination of the President that-- ``(1) the Palestinian Authority is not controlled by a foreign terrorist organization; and ``(2) the Palestinian Authority-- ``(A) recognizes the right of Israel to exist; ``(B) disarms all militias; ``(C) renounces violence and acts of terrorism against Israel; and ``(D) takes definitive steps to be an active and willing participant in peace negotiations and removes people with ties to terrorist organizations from its security services. ``(c) Recertifications.--Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every 6 months thereafter-- ``(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (b) are continuing to be met; or ``(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(d) Congressional Notification.--Assistance made available under this Act or any other provision of law to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(e) Definitions.--In this section: ``(1) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(2) Palestinian authority.--The term `Palestinian Authority' includes any agency or instrumentality of the Palestinian Authority.''.

Limitation on Assistance to the Palestinian Authority Act of 2006 - States that it shall be U.S. policy to promote the emergence of a democratic Palestinian government that: (1) denounces and combats terrorism; (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities; (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society; (4) respects its neighbors' boundaries and sovereignty; (5) recognizes Israel's existence and its right to secure borders; and (6) upholds the human rights of all people. Amends the Foreign Assistance Act of 1961 to provide assistance under such Act or any other provision of law to the Palestinian Authority (PA) only during a period for which a presidential certification has determined that the PA: (1) is not controlled by a foreign terrorist organization; and (2) recognizes Israel's right to exist, disarms all militias, renounces violence against Israel, takes definitive steps to be an active and willing participant in peace negotiations, and removes people with ties to terrorist organizations from its security services. Directs the President to make and transmit such certifications to Congress every six months.

To limit assistance to the Palestinian Authority unless the President certifies to Congress that the Palestinian Authority is not controlled by a foreign terrorist organization, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Reservist First Responders Assistance Act of 2003''. SEC. 2. GRANTS TO STATE AND LOCAL GOVERNMENTS AND INDIAN TRIBES FOR CERTAIN COSTS RELATING TO MOBILIZATION OF RESERVES WHO ARE FIRST RESPONDER PERSONNEL. (a) Grants Authorized.--The Secretary of Homeland Security may make a grant of financial assistance to any State or local government or Indian tribe in order to reimburse the State or local government or tribe for costs incurred by the State or local government or tribe as a result of a call or order to active duty of one or more Reserves who are first responder personnel of the State or local government or tribe if the call or order to duty is issued under the authority of a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code. (b) First Responder Personnel.--For purposes of this section, the term ``first responder personnel''-- (1) means police, fire, rescue, emergency medical service, and emergency hazardous material disposal personnel; and (2) includes such other personnel as the Secretary may specify in regulations prescribed under this section. (c) Covered Costs.--(1) The costs that may be reimbursed by a grant under subsection (a) to a State or local government or Indian tribe in connection with a call or order of first responder personnel of the State or local government or tribe to active duty are any costs incurred by the State or local government or tribe as follows: (A) Costs (including salary and benefits) of hiring first responder personnel to replace the first responder personnel called or ordered to active duty. (B) Costs of overtime pay for other first responder personnel of the State or local government or tribe. (C) Any other costs that the Secretary specifies in regulations prescribed under this section. (2) Costs of a State or local government or tribe may be reimbursed by a grant under subsection (a) only if the State or local government or tribe would not have incurred such costs but for the absence of first responder personnel pursuant to a call or order to active duty described in that subsection. (3) In seeking reimbursement for costs under subsection (a), a State or local government or tribe shall deduct from the costs for which reimbursement is sought the amounts, if any, saved by the State or local government or tribe by reason of the absence of first responder personnel for active duty pursuant to a call or order to active duty described in that subsection. (d) Period Covered by Grant.--(1) Except as provided in paragraph (2), a grant under subsection (a) shall reimburse a State or local government or Indian tribe for costs incurred by the State or local government or tribe during the year preceding the year of the application for the grant under subsection (f). (2) If the active duty of a particular Reserve during a year is insufficient to meet the duty requirement in subsection (e) for such year, but when combined with active duty in the succeeding year is sufficient to meet the duty requirement for such succeeding year, a grant under subsection (a) for such succeeding year shall also reimburse the State or local government or tribe for costs incurred in connection with the active duty of the Reserve during such year. (e) Minimum Period of Duty for Reimbursement.--(1) Costs may be reimbursed by a grant under subsection (a) with respect to a particular Reserve only if the Reserve serves six or more consecutive months on active duty pursuant to a call or order to active duty issued under the authority of a provision of law referred to in subsection (a) at any time during the two calendar years preceding the application for the grant under subsection (f). (2) If a particular Reserve meets the duty requirement in paragraph (1) for a grant under subsection (a) for a year, costs reimbursable by the grant shall include any costs in connection with the active duty of the Reserve described in that paragraph during such year. (f) Minimum Grant Allocation.--If in any fiscal year the total amount authorized to be appropriated by subsection (j) for grants under subsection (a) is less than the amount of grants that could otherwise be made under subsection (a) in such fiscal year, the aggregate amount available for grants under subsection (a) in such fiscal year for each State (including grants to such State and local governments and Indian tribes in such State) shall be not less than the amount equal to 0.75 percent of the amount authorized to be appropriated by subsection (j) for grants under subsection (a) in such fiscal year, except that the aggregate amount available for grants under subsection (a) in such fiscal year for each of the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than the amount equal to 0.25 percent of the amount authorized to be appropriated by subsection (j) for grants under subsection (a) in such fiscal year. (g) Application.--(1) A State or local government or Indian tribe seeking a grant under subsection (a) shall submit to the Secretary an application therefor in such form, and containing such information, as the Secretary shall prescribe in the regulations under this section. (2) An application for a grant under subsection (a) for a year shall be submitted not later than February 15 of the following year. (h) Regulations.--The Secretary shall prescribe regulations for purposes of the administration of this section. (i) State Defined.--In this section, the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (j) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Homeland Security such sums as may be necessary to carry out this section.

State and Local Reservist First Responders Assistance Act of 2003 - Authorizes the Secretary of Homeland Security to make grants to reimburse any State, local government, or Indian tribe for costs incurred as a result of a call or order to active duty of armed forces reserves who are first responder personnel, including: (1) costs of hiring first responder personnel to replace such reserves; and (2) overtime pay costs for other first responder personnel.Permits: (1) reimbursement only if the State, local government, or tribe would not have incurred such costs but for the absence of first responder personnel; (2) costs to be reimbursed only for a reserve who serves at least six consecutive months on active duty at any time during the two years preceding the application for the grant; and (3) reimbursable costs to include any costs in connection with such reserve's active duty.

A bill to authorize the Secretary of Homeland Security to make grants to reimburse State and local governments and Indian tribes for certain costs relating to the mobilization of Reserves who are first responder personnel of such governments or tribes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Freedom Act of 1993''. SEC. 2. DEFINITIONS. (a) Dietary Supplement.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following new paragraph: ``(ff) The term `dietary supplement' means an article that-- ``(1) includes, and is intended to supplement the diet with-- ``(A) a vitamin; ``(B) a mineral; ``(C) an herb; or ``(D) another similar nutritional substance, including a concentrate or extract of an item described in clause (A), (B), or (C); and ``(2)(A) is intended for ingestion in a form described in paragraph (1)(B)(i) or (2) of section 411(c), or another similar form; or ``(B) complies with section 411(c)(1)(B)(ii).''. (b) Drug.--Section 201(g)(1) of such Act is amended by adding at the end the following: ``A dietary supplement shall not be considered to be a drug solely because of the potency of a substance in the dietary supplement. A dietary supplement shall not be considered to be a drug under clause (B) solely because the labeling or advertising for the supplement contains a claim, or provides information, that is described in section 413(b) and meets the requirements specified in paragraphs (1) and (2) of such section, or that concerns the potency of a substance in the supplement.''. (c) Food Additive.--Section 201(s) of such Act is amended-- (1) by redesignating subparagraphs (1) through (5) as clauses (A) through (E), respectively; (2) by inserting ``(1)'' after ``(s)''; and (3) by adding at the end the following: ``(2) A substance in a dietary supplement is not a food additive if the substance is identified in the labeling of the dietary supplement as a substance provided by the product to supplement the diet.''. SEC. 3. DIETARY SUPPLEMENTS. (a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 413. LABELING AND ADVERTISING OF DIETARY SUPPLEMENTS. ``(a) Description.--Notwithstanding any other provision of this Act, an article that is a dietary supplement may be described as a dietary supplement in labeling or advertising. ``(b) Relationship to Disease or Health-Related Condition.-- Notwithstanding any other provision of this Act, labeling or advertising for a dietary supplement may include a claim or other information that characterizes the relationship of the dietary supplement, or of one or more of the substances provided by the dietary supplement, or of the absence of one or more of the substances, to a disease or health-related condition, if-- ``(1) such claim or other information is truthful and not misleading; and ``(2) there is scientific evidence, whether published or unpublished, that provides a reasonable basis for such claim or other information. ``(c) Prohibition on Prior Approval or Regulation.--Notwithstanding any other provision of this Act, the Secretary shall not establish any requirement that such a claim or other information that meets the requirements specified in paragraphs (1) and (2) of subsection (b) shall be approved by or conform to a regulation issued by the Secretary before the claim or information may be used. ``(d) Actions.-- ``(1) Right of action.--If the Secretary asserts that labeling or advertising for a dietary supplement includes such a claim or other information that fails to comply with paragraph (1) or (2) of subsection (b), whether the Secretary makes the assertion in a warning letter issued by an officer or employee of the Department, or in connection with another action to enforce a provision of this Act, the manufacturer, processor, packer, distributor, or retailer, of the dietary supplement, or other person to whom the assertion is addressed, may-- ``(A) bring an action in a United States district court in any appropriate judicial district under section 1391 of title 28, United States Code, to secure a declaratory judgment regarding the validity of the assertion; and ``(B) obtain any other means of judicial review authorized by law. ``(2) Inference.--The absence of any action described in subparagraph (A) or (B) in paragraph (1) with respect to an assertion shall not establish any inference that the assertion is valid.''. (b) Conforming Amendment.--Section 403(r)(5) of such Act (21 U.S.C. 343(r)(5)) is amended by striking clause (D).

Health Freedom Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to define "dietary supplement" as an article that: (1) includes, and is intended to supplement the diet with, a vitamin, mineral, or herb; or (2) is intended for ingestion. Prohibits considering a dietary supplement a drug solely because: (1) of the potency of a substance in such supplement; or (2) the labeling or advertising for the supplement contains a claim concerning potency or a health claim permitted under this Act. Specifies that a supplement is not a food additive if it is identified in the labeling of the dietary supplement as a substance provided by the product to supplement the diet. Allows a supplement to be described as a dietary supplement in labeling or advertising. Permits labeling or advertising for such a supplement to include a claim characterizing the relationship of the supplement to a disease or health-related condition, if certain conditions are met. Prohibits any requirement that a claim that meets the requirements of this Act be approved or conform to a regulation before the claim may be used. Allows a declaratory judgment on the validity of an assertion that a claim fails to comply with this Act.

Health Freedom Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blue Collar Computing and Business Assistance Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Computational science, the use of advanced computing capabilities to understand and solve complex problems, including the development of new products and processes, is now critical to scientific leadership, economic competitiveness, and national security. (2) Advances in computational science and high performance computing provide a competitive advantage because they allow businesses to run faster simulations of complex systems or to develop more precise computer models. (3) The Federal Government is one of the investors in research aimed at the development of new computational science and high-performance computing capabilities. (4) As determined by the Council on Competitiveness, the Nation's small businesses and manufacturers must ``Out Compute to Out Compete''. However, new computational science technologies are not being transferred effectively from the research organizations to small businesses and manufacturers. (5) Small businesses and manufacturers are especially well- positioned to benefit from increased availability and utilization of high-performance computing technologies and software. (6) Current cost and technology barriers associated with high-performance computing and software algorithms often inhibit small businesses and manufacturers from successfully making use of these technologies. (7) The establishment of an advanced multidisciplinary computing software institute will help make existing high performance computing resources more accessible to small businesses and manufacturers. This will create new opportunities for economic growth, jobs, and product development. (b) Purpose.--The purpose of this Act is to provide grants for the creation of an Advanced Multidisciplinary Computing Software Institute that will-- (1) develop and compile high-performance computing software and algorithms suitable for applications in small business and manufacturing; (2) effectively carry out the transfer of new computational science and high-performance computing technologies to small businesses and manufacturers; and (3) actively assist small businesses and manufacturers in utilizing such technologies. SEC. 3. DEFINITIONS. In this Act: (1) Advanced multidisciplinary computing software center; center.--The term ``Advanced Multidisciplinary Computing Software Center'' or ``Center'' is a center created by an eligible entity with a grant awarded under section 4. (2) Advanced multidisciplinary computing software institute.--The term ``Advanced Multidisciplinary Computing Software Institute'' means a network of up to 5 Advanced Multidisciplinary Computing Software Centers located throughout the United States. (3) Nonprofit organization.--The term ``nonprofit organization'' means any organization if such organization is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code. (4) Small business or manufacturer.--The term ``small business or manufacturer'' means a small business concern as that term is defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)), including a small manufacturing concern. (5) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Technology of the Department of Commerce. SEC. 4. GRANTS. (a) In General.--The Under Secretary of Technology of the Department of Commerce shall award grants to establish up to 5 Advanced Multidisciplinary Computing Software Centers at eligible entities throughout the United States. Each Center shall-- (1) conduct general outreach to small businesses and manufacturers in all industry sectors within a geographic region assigned by the Under Secretary; and (2) conduct technology transfer, development, and utilization programs relating to a specific industry sector, for all firms in that sector nationwide, as assigned by the Under Secretary. (b) Eligible Entities.--For the purposes of this section, an eligible entity is any-- (1) nonprofit organization; (2) consortia of nonprofit organizations; or (3) partnership between a for-profit and a nonprofit organization. (c) Application.-- (1) In general.--Each eligible entity that desires to receive a grant under this Act shall submit an application to the Under Secretary, at such time, in such manner, and accompanied by such additional information as the Under Secretary may reasonably require. (2) Publication in federal register.--The Under Secretary shall publish the requirements described in paragraph (1) in the Federal Register no later than 6 months after the date of the enactment of this Act. (3) Contents.--Each application submitted pursuant to paragraph (1) shall include the following: (A) An application that conforms to the requirements set by the Under Secretary under paragraph (1). (B) A proposal for the allocation of the legal rights associated with any invention that may result from the activities of the proposed Center. (4) Selection criteria.--Each application submitted under paragraph (1) shall be evaluated by the Under Secretary on the basis of merit review. In carrying out this merit review process, the Under Secretary shall consider-- (A) the extent to which the eligible entity-- (i) has a partnership with nonprofit organizations, businesses, software vendors, and academia recognized for relevant expertise in their selected industry sector; (ii) makes use of State-funded academic supercomputing centers and universities or colleges with expertise in the computational needs of the industry assigned to the eligible entity under subsection (a)(1); (iii) has a history of working with businesses; (iv) has experience providing educational programs aimed at helping organizations adopt the use of high-performance computing and computational science; (v) has partnerships with education or training organizations that can help educate future workers on the application of computational science to industry needs; (vi) is accessible to businesses, academia, incubators, or other economic development organizations via high-speed networks; and (vii) is capable of partnering with small businesses and manufacturers for the purpose of enhancing the ability of such entities to compete in the global marketplace; (B) the ability of the eligible entity to enter successfully into collaborative agreements with small businesses and manufacturers in order to experiment with new high performance computing and computational science technologies; and (C) such other factors as identified by the Under Secretary. (d) Amount.--A grant awarded under this section shall not exceed $5,000,000 for any year of the grant period. (e) Duration.-- (1) In general.--Except for a renewal under paragraph (2), the duration of any grant awarded under subsection (a) may not exceed 5 years. (2) Renewal.--Any grant awarded under subsection (a) may be renewed at the discretion of the Under Secretary. (f) Matching Requirement.-- (1) In general.--An eligible entity that receives a grant under subsection (a) shall provide at least 50 percent of the capital and annual operating and maintenance funds required to create and maintain a Center. (2) Funding from other federal, state, or local government agencies.--The funds provided by the eligible entity under paragraph (1) may consist of amounts received by the eligible entity from a Federal department or agency, other than the Department of Commerce, or a State or local government agency. (g) Limitation on Administrative Expenses.--The Under Secretary may establish a reasonable limitation on the portion of each grant awarded under subsection (a) that may be used for administrative expenses or other overhead costs. (h) Fees and Alternative Funding Sources Authorized.-- (1) In general.--A Center established pursuant to this Act may, according to regulations established by the Under Secretary-- (A) collect a nominal fee from a small business or manufacturer for a service provided pursuant to this Act, if such fee is utilized for the budget and operation of the Center; and (B) accept funds from any other Federal department or agency for the purpose of covering capital costs or operating budget expenses. (2) Condition.--Any Center that is supported with funds that originally came from a Federal department or agency, other than the Department of Commerce, may be selected, and if selected shall be operated, according to the provisions of this section. SEC. 5. USE OF FUNDS. An eligible entity that receives a grant under section 4(a) shall use the funds for the benefit of businesses in the industry sector designated by the Under Secretary under such subsection, and the eligible entity shall use such funds to-- (1) create a repository of nonclassified, nonproprietary new and existing federally-funded software and algorithms; (2) test and validate software in the repository; (3) determine when and how the industry sector it serves could benefit from resources in the repository; (4) work with software vendors to commercialize repository software and algorithms from the repository; (5) make software available to small businesses and manufacturers where it has not been commercialized by a software vendor; (6) help software vendors, small businesses, and manufacturers test or utilize the software on high-performance computing systems; and (7) maintain a research and outreach team that will work with small businesses and manufacturers to aid in the identification of software or computational science techniques which can be used to solve challenging problems, or meet contemporary business needs of such organizations. SEC. 6. REPORTS AND EVALUATIONS. (a) Report.--Each eligible entity who receives a grant under section 4(a) shall submit to the Under Secretary on an annual basis, a report describing the goals of the Center established by the eligible entity and the progress the eligible entity has achieved towards meeting the purposes of this Act. (b) Evaluation.--The Under Secretary shall establish a peer review committee, consisting of representatives from industry and academia, to review the goals and progress made by each Center during the grant period. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $25,000,000 for each of the fiscal years 2007, 2008, 2009, 2010, and 2011 to carry out the provisions of this Act. (b) Availability.--Funds provided for the establishment and operation of Centers under this Act shall remain available until expended.

Blue Collar Computing and Business Assistance Act of 2006 - Directs the Under Secretary of Technology of the Department of Commerce to award grants to establish up to five Advanced Multidisciplinary Computing Software Centers at eligible entities (any nonprofit, consortia of nonprofits, or partnership between a for-profit and a nonprofit) throughout the United States. Requires each Center to conduct: (1) general outreach to small businesses and manufacturers in all industry sectors within a geographic region assigned by the Under Secretary; and (2) technology transfer, development, and utilization programs related to a specific industry sector for all firms in that sector nationwide.

A bill to require the Under Secretary of Technology of the Department of Commerce to establish an Advanced Multidisciplinary Computing Software Institute.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the Safety of Imported Meat and Poultry Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) Prior to 1994 the Federal Meat Inspection Act and the Poultry Products Inspection Act required that imported meat and poultry be subject to the same safety standards as domestically produced meat and poultry. (2) Article 4 of the World Trade Organization's Agreement on the Application of Sanitary and Phytosanitary Measures (``SPS Agreement'')--which was negotiated as part of the Uruguay Round of Trade Agreements--requires that a country permit imports of food if the country determines that the foreign inspection system provides a level of safety equivalent to the country's domestic standards. (3) Congress, when it ratified the SPS Agreement in 1994, amended the Federal Meat Inspection Act and the Poultry Products Inspection Act to provide that foreign meat and poultry may be imported into this country if the Secretary of Agriculture determines that the foreign inspection system provides a level of protection equivalent to that achieved under United States requirements. (4) The Secretary of Agriculture then determined that those countries which had been permitted to export meat and poultry to the United States prior to 1994 had an equivalent inspection system because prior to 1994 their inspection system was the same as that used in the United States. (5) In July 1996 the United States Department of Agriculture issued its final regulations for a new system of meat and poultry inspection called the Hazard Analysis and Critical Control Point (``HACCP'') program. This new program was designed to improve the safety of meat and poultry and for domestic plants was implemented in phases: on January 27, 1997, all domestic meat and poultry slaughter and process plants had to have in place standard operating procedures for sanitation, and the slaughter plants had to begin testing for generic E. coli; beginning January 26, 1998, domestic meat and poultry plants employing at least 500 persons had to establish the entire HACCP system and meet performance standards for salmonella, with government inspectors taking samples and those samples being analyzed for salmonella in government laboratories, beginning January 25, 1999, small domestic plants had to implement the rest of the HACCP system. (6) In the summer of 1996 the Department of Agriculture asked foreign governments to supply sufficient information so that it could determine whether their inspection system is equivalent to the new HACCP requirements. (7) In 1999 the Department of Agriculture is continuing to allow imports of meat and poultry from 32 countries even though it has admitted it does not yet have enough information from any of these foreign countries to determine whether its inspection system is actually equivalent to the new HACCP salmonella testing requirements that large domestic plants have had to comply with since January 26, 1998, and small plants have had to comply with since January 25, 1999. (8) The Department of Agriculture publishes a quarterly report, which it puts on its website, which lists all the domestic plants that are not in compliance with the HACCP program; however, the Department of Agriculture does not publicly reveal any foreign firm that it believes is not in compliance even though the Department of Agriculture officials conduct audits of foreign meat and poultry plants. (9) At the United States border the Department of Agriculture takes a ``random'' sample of about 20 percent of all foreign meat and poultry, and its public quarterly report shows the amount of imported meat and poultry refused entry at the United States border by the Department's inspectors. The public report does not, however, give the rejection rate by country of origin. (10) United States consumers have a right to be informed about the safety of imported meat and poultry from specific countries. SEC. 3. END OF GRACE PERIOD FOR IMPORTED MEAT AND POULTRY. (a) Federal Meat Inspection Act.--Section 20 of the Federal Meat Inspection Act (21 U.S.C. 620) is amended by adding at the end the following: ``(i)(1) The Secretary shall ban all imports of carcasses of meat or meat products from any country for which the Secretary has not yet determined, based on information supplied by the exporting country, that the foreign inspection system actually provides at least the same level of sanitary or phytosanitary protection achieved under United States requirements with regard to all inspection, building construction standards, and all other provisions of this Act and regulations issued under this Act (including the requirement that salmonella samples be taken by government officials and analyzed in government laboratories). This ban shall take effect within 6 months of passage of this Act for those standards and regulations in effect on the date of passage of this Act and within 1 year for those standards and regulations issued after passage of this Act. ``(2) The Secretary may extend once for a period not to exceed 1 year the date upon which the ban in paragraph (1) shall take effect if the Secretary determines that this extension poses no risk to the health of the public. The Secretary shall transmit to Congress and publish in the Federal Register at least 60 days prior to the Secretary's final decision all reasons for the Secretary's proposed decision to extend the date. The Secretary shall not make a final decision on this extension without taking into account the comments received.''. (b) Poultry Products Inspection Act.--Section 17 of the Poultry Products Inspection Act (21 U.S.C. 466) is amended by adding at the end the following: ``(e)(1) The Secretary shall ban all imports of poultry or parts or products of poultry from any country for which the Secretary has not yet determined, based on information supplied by the exporting country, that the foreign inspection system actually provides at least the same level of sanitary or phytosanitary protection achieved under United States requirements with regard to all inspection, building construction standards, and all other provisions of this Act and regulations issued under this Act (including the requirement that salmonella samples be taken by government officials and inspected in government laboratories). This ban shall take effect within 6 months of passage of this Act for those standards and regulations in effect on the date of passage of this Act and within 1 year for those standards and regulations issued after passage of this Act. ``(2) The Secretary may extend once for a period not to exceed 1 year the date upon which the ban in paragraph (1) shall take effect if the Secretary determines that this extension poses no risk to the health of the public. The Secretary shall transmit to Congress and publish in the Federal Register at least 60 days prior to the Secretary's final decision all reasons for the Secretary's proposed decision to extend the date. The Secretary shall not make a final decision on this extension without taking into account the comments received.''. SEC. 4. PUBLIC PARTICIPATION IN DECISIONS ON EQUIVALENCY. In any determination by the Secretary of Agriculture--whether or not it is promulgated as a rule--under either section 20 of the Federal Meat Inspection Act (21 U.S.C. 620) or section 17 of the Poultry Products Inspection Act (21 U.S.C. 466) on whether an inspection system of any foreign country actually provides at least the same level of sanitary or phytosanitary protection achieved under United States requirements with regard to all inspection, building construction standards, and regulations issued by the Secretary of Agriculture, the Secretary shall, at least 90 days before the Secretary's final determination-- (1) publish a notice in the Federal Register that identifies the basis for that proposed determination; and (2) make available for public inspection the entire justification provided by the foreign government to the Secretary (translated into English if not originally in English), along with the scientific analysis of that information that was conducted by the Secretary. The Secretary shall provide opportunity for the public to comment on the proposed determination and shall not issue a final determination without taking into account the comments received. SEC. 5. PUBLIC DISCLOSURE OF INFORMATION ON SAFETY OF IMPORTED MEAT AND POULTRY. Every 3 months the Secretary of Agriculture shall publish in the Federal Register-- (1) the name and location of any plant exporting meat or poultry to the United States that the Secretary believes is not in complete compliance with a foreign inspection system that the Secretary has determined provides a level of sanitary or phytosanitary protection at least equal to that provided in the United States; and (2) the rejection rate by country of origin of foreign meat and poultry inspected by the Secretary at the United States border.

Ensuring the Safety of Imported Meat and Poultry Act of 1999 - Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to ban (with a discretionary one-time extension) all imports of meat or meat products from any country whose inspection system does not provide sanitary or phytosanitary protection equivalent to United States requirements. Amends the Poultry Products Inspection Act to provide similar provisions for poultry or poultry products. Provides for: (1) public participation in equivalency decisions; and (2) public disclosure of noncomplying foreign exporting plants and foreign country rejection rates.

Ensuring the Safety of Imported Meat and Poultry Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thoroughly Investigating Retaliation Against Whistleblowers Act''. SEC. 2. REAUTHORIZATION OF THE OFFICE OF SPECIAL COUNSEL. (a) In General.--Section 8(a)(2) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended to read as follows: ``(2) $24,119,000 for fiscal year 2016 and $25,735,000 for each of fiscal years 2017, 2018, 2019, and 2020 to carry out subchapter II of chapter 12 of title 5, United States Code (as amended by this Act).''. (b) Effective Date.--The amendment made by subsection (a) shall be deemed to apply beginning on October 1, 2015. SEC. 3. ACCESS TO AGENCY INFORMATION. Section 1212(b) of title 5, United States Code, is amended by adding at the end the following: ``(5)(A) In carrying out this subchapter, the Special Counsel is authorized to-- ``(i) have access to any record or other information (including a report, audit, review, document, recommendation, or other material) of any agency under the jurisdiction of the Office of Special Counsel, consistent with the requirements of subparagraph (C); and ``(ii) require any employee of such an agency to provide to the Office any record or other information during an investigation, review, or inquiry of any agency under the jurisdiction of the Office. ``(B) With respect to any record or other information made available by an agency under this subchapter, the Office shall apply a level of confidentiality to such record or information at the level of confidentiality applied to the record by the agency. ``(C) With respect to any record or other information described under subparagraph (A), the Attorney General or an Inspector General may withhold access to any such record or other information if the disclosure could reasonably be expected to interfere with an ongoing criminal investigation or prosecution, but only if the Attorney General or applicable agency head submits a written report to the Office of Special Counsel describing the record or other information withheld and the reason for the withholding.''. SEC. 4. WHISTLEBLOWER PROVISIONS. Section 1213 of title 5, United States Code, is amended-- (1) in subsection (b), by striking ``15 days'' and inserting ``45 days''; (2) in subsection (d)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5)-- (i) in the matter before subparagraph (A), by striking ``such as'' and inserting ``including''; and (ii) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) if any disclosure referred to an agency head under subsection (c) is substantiated in whole or in part by the agency head, a detailed explanation of the failure to take any action described under paragraph (5).''; and (3) in subsection (e), by adding at the end the following: ``(5) If an agency head submits a report to the Special Counsel under subsection (d) that includes a description of any agency action proposed to be taken as a result of the investigation, the agency head shall, not later than 180 days after the date of such submission, submit a supplemental report to the Special Counsel stating whether any proposed action has been taken, and if the action has not been taken, the reason why it has not been taken.''. SEC. 5. TERMINATION OF CERTAIN OSC INVESTIGATIONS. (a) In General.--Section 1214(a) of title 5, United States Code, is amended by adding at the end the following: ``(6)(A) Within 30 days of receiving an allegation from a person under paragraph (1), the Special Counsel may terminate an investigation under such paragraph with respect to the allegation, without further inquiry or an opportunity for the person to respond, if the Special Counsel determines that-- ``(i) the same allegation, based on the same set of facts and circumstances-- ``(I) had previously been made by the person and previously investigated by the Special Counsel; or ``(II) had previously been filed by the person with the Merit Systems Protection Board; ``(ii) the Office of Special Counsel does not have jurisdiction to investigate the allegation; or ``(iii) the person knew or should have known of the alleged prohibited personnel practice earlier than the date that is 3 years before the date Special Counsel received the allegation. ``(B) If the Special Counsel terminates an investigation under subparagraph (A), not later than 30 days after the date of such termination the Special Counsel shall provide a written notification stating the basis for the termination to the person who made the allegation. Paragraph (1)(D) shall not apply to any termination under such subparagraph.''. (b) Conforming Amendments.--Section 1214 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(A), by striking ``The Special Counsel'' and inserting ``Except as provided in paragraph (6), the Special Counsel''; and (2) in subsection (a)(1)(C), in the matter before clause (i), by inserting ``or paragraph (6)'' after ``paragraph (2)''. SEC. 6. REPORTING REQUIREMENTS. (a) OSC Annual Report to Congress.--Section 1218 of title 5, United States Code, is amended to read as follows: ``Sec. 1218. Annual report ``(a) The Special Counsel shall submit an annual report to Congress on the activities of the Special Counsel. Any such report shall include-- ``(1) the number, types, and disposition of allegations of prohibited personnel practices filed with the Special Counsel, and the cost of allegations so disposed of; ``(2) the number of investigations conducted by the Special Counsel; ``(3) the number of stays or disciplinary actions negotiated by the Special Counsel with agencies; ``(4) the number of cases in which the Special Counsel did not make a determination whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken within the 240-day period specified in section 1214(b)(2)(A)(i); ``(5) a description of the recommendations and reports made by the Special Counsel to other agencies pursuant to this subchapter, and the actions taken by the agencies as a result of the reports or recommendations; ``(6) the number of-- ``(A) actions initiated before the Merit Systems Protection Board, including the number of corrective action petitions and disciplinary action complaints so initiated; and ``(B) stays and stay extensions obtained from the Board; and ``(7) the number of prohibited personnel practice complaints that result in-- ``(A) a favorable action for the complainant, categorized by actions with respect to whistleblower reprisal cases and all other cases; and ``(B) a favorable outcome for the complainant, categorized by outcomes with respect to whistleblower reprisal cases and all other cases. ``(b) The report required by subsection (a) shall include whatever recommendations for legislation or other action by Congress the Special Counsel may consider appropriate.''. (b) OSC Public Information.--Section 1219(a)(1) of title 5, United States Code, is amended to read as follows: ``(1) a list of any noncriminal matter referred to an agency head under section 1213(c), together with-- ``(A) the applicable transmittal of the matter to the agency head under section 1213(c)(1); ``(B) any report from agency head under section 1213(c)(1)(B) relating to such matter; ``(C) if appropriate, not otherwise prohibited by law, and with the consent of the complainant, any comments from the complainant under section 1213(e)(1) relating to the matter; and ``(D) the Special Counsel's comments or recommendations under section 1213(e)(3) or (4) relating to the matter;''. SEC. 7. ESTABLISHMENT OF SURVEY PILOT PROGRAM. (a) In General.--The Office of Special Counsel shall design and establish a survey pilot program under which the Office shall conduct, with respect to fiscal years 2017 and 2018, a survey of individuals who have filed a complaint or disclosure with the Office. The survey shall be designed to gather responses from the individuals for the purpose of collecting information and improving customer service at various stages of the review or investigative process. The results of the survey shall be published in the annual report of the Office. (b) Suspension of Other Surveys.--During fiscal years 2017 and 2018, section 13 of Public Law 103-424 shall have no force or effect. SEC. 8. PENALTIES UNDER THE HATCH ACT. (a) In General.--Section 7326 of title 5, United States Code, is amended to read as follows: ``Sec. 7326. Penalties ``An employee or individual who violates section 7323 or 7324 shall be subject to-- ``(1) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand; ``(2) an assessment of a civil penalty not to exceed $1,000; or ``(3) any combination of the penalties described in paragraph (1) or (2).''. (b) Application.--The amendment made by subsection (a) shall apply to any violation of section 7323 or 7324 of title 5, United States Code, occurring after the date of enactment of this Act. SEC. 9. REGULATIONS. Not later than 2 years after the date of enactment of this Act, the Special Counsel shall prescribe such regulations as may be necessary to perform the functions of the Special Counsel under subchapter II of chapter 12 of title 5, United States Code, including regulations necessary to carry out sections 1213, 1214, and 1215 of such title, and any functions required due to the amendments made by this Act. Such regulations shall be published in the Federal Register. Passed the House of Representatives June 21, 2016. Attest: KAREN L. HAAS, Clerk.

Thoroughly Investigating Retaliation Against Whistleblowers Act (Sec. 2) This bill amends the Whistleblower Protection Act of 1989 to reauthorize through FY2020 the Office of Special Counsel (OSC), an independent federal investigative and prosecutorial agency led by an official appointed by the President to protect federal employees, former employees, and applicants for employment from prohibited personnel practices. (Sec. 3) The OSC shall have access to any record or other information of any agency under its jurisdiction. The Department of Justice (DOJ) or an inspector general may withhold access to information if the disclosure could interfere with an ongoing criminal investigation or prosecution, but only if DOJ or the agency head submits a report to the OSC describing the records withheld and the reasons for the withholding. (Sec. 4) The bill: (1) extends from 15 to 45 days the period for the OSC to review a disclosed prohibited practice; (2) requires an agency to provide a detailed explanation of any failure to take action to address information about a prohibited practice transmitted to it by the OSC; and (3) requires an agency that reports agency action proposed as a result of its investigation of such information to submit a supplemental report within 180 days on whether such proposed action has been taken and, if not, why not. (Sec. 5) The OSC may terminate an investigation if: (1) it involves an allegation that has been previously made by the same person, (2) the OSC does not have jurisdiction to investigate such allegation, or (3) the person should have known of the alleged prohibited personnel practice earlier than three years before the OSC received the allegation. (Sec. 6) The bill expands the OSC's annual reporting requirements to include: (1) the cost of allegations disposed of by the OSC; (2) the number of stays or disciplinary actions that the OSC negotiates with agencies; (3) the number of corrective action petitions and disciplinary action complaints initiated before, and stays obtained from, the Merit Systems Protection Board; and (4) the number of prohibited personnel practice complaints that result in a favorable action or outcome for the complainant. The OSC must include in its publicly disclosed list of noncriminal matters referred to agencies: (1) any comments from the complainant, provided that the availability to the public is appropriate, not prohibited by law, and consented to by the complainant; and (2) the OSC's comments or recommendations. (Sec. 7) The OSC shall design and establish a pilot program in FY2017-FY2018 to survey individuals who have filed a complaint or disclosure with the OSC. The responses shall be used to improve customer service at various stages of the review or investigative process. (Sec. 8) Penalties for violations of Hatch Act prohibitions against engaging in political activities may include a combination of the disciplinary actions and the civil penalty prescribed under current law. (Sec. 9) The OSC must prescribe and publish in the Federal Register any regulations necessary for the OSC to perform functions required by amendments made by this bill.

Thoroughly Investigating Retaliation Against Whistleblowers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Self-Sufficient Community Lands Act''. SEC. 2. PURPOSE AND DEFINITIONS. (a) Purpose.--The purpose of this Act is to generate dependable economic activity for counties and local governments by establishing a demonstration program for local, sustainable forest management. (b) Definitions.--In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the Advisory Committee appointed by the Governor of a State for the community forest demonstration area established for the State. (2) Community forest demonstration area.--The term ``community forest demonstration area'' means a community forest demonstration area established for a State under section 3. (3) National forest system.--The term ``National Forest System'' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture or the designee of the Secretary of Agriculture. (5) State.--The term ``State'' includes the Commonwealth of Puerto Rico. SEC. 3. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS. (a) Establishment Required; Time for Establishment.--Subject to subsection (c) and not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall establish a community forest demonstration area at the request of the Advisory Committee appointed to manage community forest demonstration area land in that State. (b) Covered Land.-- (1) Inclusion of national forest system land.--The community forest demonstration areas of a State shall consist of the National Forest System land in the State identified for inclusion by the Advisory Committee of that State. (2) Exclusion of certain land.--A community forest demonstration area shall not include National Forest System land-- (A) that is a component of the National Wilderness Preservation System; (B) on which the removal of vegetation is specifically prohibited by Federal statute; (C) National Monuments; or (D) over which administration jurisdiction was first assumed by the Forest Service under title III. (c) Conditions on Establishment.-- (1) Acreage requirement.--A community forest demonstration area must include at least 200,000 acres of National Forest System land. If the unit of the National Forest System in which a community forest demonstration area is being established contains more than 5,000,000 acres, the community forest demonstration area may include 900,000 or more acres of National Forest System land. (2) Management law or best management practices requirement.--A community forest demonstration area may be established in a State only if the State-- (A) has a forest practices law applicable to State or privately owned forest land in the State; or (B) has established silvicultural best management practices or other regulations for forest management practices related to clean water, soil quality, wildlife or forest health. (3) Revenue sharing requirement.--As a condition of the inclusion in a community forest demonstration area of National Forest System land located in a particular county in a State, the county must enter into an agreement with the Governor of the State that requires that, in utilizing revenues received by the county under section 7(b), the county shall continue to meet any obligations under applicable State law as provided under title I of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as provided in the sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (d) Treatment Under Certain Other Laws.--National Forest System land included in a community forest demonstration area shall not be considered Federal land for purposes of-- (1) making payments to counties under the sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (16 U.S.C. 500); or (2) title I. (e) Acreage Limitation.--Not more than a total of 4,000,000 acres of National Forest System land may be established as community forest demonstration areas. (f) Recognition of Valid and Existing Rights.--Nothing in this Act shall be construed to limit or restrict-- (1) access to National Forest System land included in a community forest demonstration area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding such National Forest System land, including rights of any federally recognized Indian tribe. SEC. 4. ADVISORY COMMITTEE. (a) Appointment.--A community forest demonstration area for a State shall be managed by an Advisory Committee appointed by the Governor of the State. (b) Composition.--The Advisory Committee for a community forest demonstration area in a State shall include, but is not limited to, the following members: (1) One member who holds county or local elected office, appointed from each county or local governmental unit in the State containing community forest demonstration area land. (2) One member who represents the commercial timber, wood products, or milling industry. (3) One member who represents persons holding Federal grazing or other land use permits. (4) One member who represents recreational users of National Forest System land. (c) Terms.-- (1) In general.--Except in the case of certain initial appointments required by paragraph (2), members of an Advisory Committee shall serve for a term of three years. (2) Initial appointments.--In making initial appointments to an Advisory Committee, the Governor making the appointments shall stagger terms so that at least one-third of the members will be replaced every three years. (d) Compensation.--Members of a Advisory Committee shall serve without pay, but may be reimbursed from the funds made available for the management of a community forest demonstration area for the actual and necessary travel and subsistence expenses incurred by members in the performance of their duties. SEC. 5. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS. (a) Assumption of Management.-- (1) Confirmation.--The Advisory Committee appointed for a community forest demonstration area shall assume all management authority with regard to the community forest demonstration area as soon as the Secretary confirms that-- (A) the National Forest System land to be included in the community forest demonstration area meets the requirements of subsections (b) and (c) of section 3; (B) the Advisory Committee has been duly appointed under section 4 and is able to conduct business; and (C) provision has been made for essential management services for the community forest demonstration area. (2) Scope and time for confirmation.--The determination of the Secretary under paragraph (1) is limited to confirming whether the conditions specified in subparagraphs (A) and (B) of such paragraph have been satisfied. The Secretary shall make the determination not later than 60 days after the date of the appointment of the Advisory Committee. (3) Effect of failure to confirm.--If the Secretary determines that either or both conditions specified in subparagraphs (A) and (B) of paragraph (1) are not satisfied for confirmation of an Advisory Committee, the Secretary shall-- (A) promptly notify the Governor of the affected State and the Advisory Committee of the reasons preventing confirmation; and (B) make a new determination under paragraph (2) within 60 days after receiving a new request from the Advisory Committee that addresses the reasons that previously prevented confirmation. (b) Management Responsibilities.--Upon assumption of management of a community forest demonstration area, the Advisory Committee for the community forest demonstration area shall manage the land and resources of the community forest demonstration area and the occupancy and use thereof in conformity with this Act, and to the extent not in conflict with this Act, the laws and regulations applicable to management of State or privately owned forest lands in the State in which the community forest demonstration area is located. (c) Applicability of Other Federal Laws.-- (1) In general.--The administration and management of a community forest demonstration area, including implementing actions, shall not be considered Federal action and shall be subject to the following only to the extent that such laws apply to the State or private administration and management of forest lands in the State in which the community forest demonstration area is located: (A) The Federal Water Pollution Control Act (33 U.S.C. 1251 note). (B) The Clean Air Act (42 U.S.C. 7401 et seq.). (C) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (D) Federal laws and regulations governing procurement by Federal agencies. (E) Except as provided in paragraph (2), other Federal laws. (2) Applicability of native american graves protection and repatriation act.--Notwithstanding the assumption by an Advisory Committee of management of a community forest demonstration area, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to apply to the National Forest System land included in the community forest demonstration area. (d) Consultation.-- (1) With indian tribes.--The Advisory Committee for a community forest demonstration area shall cooperate and consult with Indian tribes on management policies and practices for the community forest demonstration area that may affect the Indian tribes. The Advisory Committee shall take into consideration the use of lands within the community forest demonstration area for religious and cultural uses by Native Americans. (2) With collaborative groups.--The Advisory Committee for a community forest demonstration area shall consult with any applicable forest collaborative group. (e) Recreation.--Nothing in this section shall affect public use and recreation within a community forest demonstration area. (f) Fire Management.--The Secretary shall provide fire presuppression, suppression, and rehabilitation services on and with respect to a community forest demonstration area to the same extent generally authorized in other units of the National Forest System. (g) Prohibition on Export.--As a condition on the sale of timber or other forest products from a community forest demonstration area, unprocessed timber harvested from a community forest demonstration area may not be exported in accordance with subpart F of part 223 of title 36, Code of Federal Regulations. SEC. 6. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION AREA. (a) Retention of Funds for Management.--The Advisory Committee appointed for a community forest demonstration area may retain such sums as the Advisory Committee considers to be necessary from amounts generated from that community forest demonstration area to fund the management, administration, restoration, operation and maintenance, improvement, repair, and related expenses incurred with respect to the community forest demonstration area. (b) Funds to Counties or Local Governmental Units.--Subject to subsection (a) and section 8, the Advisory Committee for a community forest demonstration area in a State shall distribute funds generated from that community forest demonstration area to each county or local governmental unit in the State in an amount proportional to the funds received by the county or local governmental unit under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.). SEC. 7. INITIAL FUNDING AUTHORITY. (a) Funding Source.--Counties may use such sum as the counties consider to be necessary from the amounts made available to the counties under title I of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7111 et seq.) to provide initial funding for the management of community forest demonstration areas. (b) No Restriction on Use of Non-Federal Funds.--Nothing in this Act restricts the Advisory Committee of a community forest demonstration area from seeking non-Federal loans or other non-Federal funds for management of the community forest demonstration area. SEC. 8. PAYMENTS TO UNITED STATES TREASURY. (a) Payment Requirement.--As soon as practicable after the end of the fiscal year in which a community forest demonstration area is established and as soon as practicable after the end of each subsequent fiscal year, the Advisory Committee for a community forest demonstration area shall make a payment to the United States Treasury. (b) Payment Amount.--The payment for a fiscal year under subsection (a) with respect to a community forest demonstration area shall be equal to 75 percent of the quotient obtained by dividing-- (1) the number obtained by multiplying the number of acres of land in the community forest demonstration area by the average annual receipts generated over the preceding 10-fiscal year period from the unit or units of the National Forest System containing that community forest demonstration area; by (2) the total acres of National Forest System land in that unit or units of the National Forest System. SEC. 9. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA. (a) Termination Authority.--Subject to approval by the Governor of the State, the Advisory Committee for a community forest demonstration area may terminate the community forest demonstration area by a unanimous vote. (b) Effect of Termination.--Upon termination of a community forest demonstration area, the Secretary shall immediately resume management of the National Forest System land that had been included in the community forest demonstration area, and the Advisory Committee shall be dissolved. (c) Treatment of Undistributed Funds.--Any revenues from the terminated area that remain undistributed under section 6 more than 30 days after the date of termination shall be deposited in the general fund of the Treasury for use by the Forest Service in such amounts as may be provided in advance in appropriation Acts.

Self-Sufficient Community Lands Act Directs the Department of Agriculture to establish the community forest demonstration area in a state, consisting of National Forest System (NFS) land, at the request of an Advisory Committee appointed by the governor to manage such land in that state. Conditions establishment of an area upon: (1) inclusion of at least 200,000 acres of NFS land; (2) a state forest practices law applicable to state or privately owned forest land, or established state silvicultural best forest management practices related to clean water, soil quality, wildlife, or forest health; and (3) an agreement between the governor and the county in which the land is located that requires the county, in using area revenues, to continue to meet specified obligations under applicable state law pursuant to the Secure Rural Schools and Community Self-Determination Act of 2000. Excludes from a community forest demonstration area land: (1) that is a component of the National Wilderness Preservation System, (2) on which the removal of vegetation is specifically prohibited by federal statute, (3) that is a National Monument, or (4) over which administrative jurisdiction was first assumed by the Forest Service under Title III of such Act.

Self-Sufficient Community Lands Act

SECTION 1. NUTRITIONAL IMPROVEMENT FOR CHILDREN SERVED UNDER CHILD NUTRITION PROGRAMS. (a) In General.--Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(h) Healthy School Nutrition Environment Incentive Grants.-- ``(1) In general.--The Secretary shall establish a program under which the Secretary shall make competitive grants to selected elementary and secondary schools-- ``(A) to create healthy school nutrition environments; and ``(B) to assess the impact of the environments on the health and well-being of children enrolled in the schools. ``(2) Selection of schools.--In selecting schools to receive incentive grants under this subsection, the Secretary shall-- ``(A) ensure that not less than 75 percent of schools selected to participate in the program established under this subsection are schools in which not less than 50 percent of the students enrolled in each school are eligible for free or reduced price meals under this Act; ``(B) ensure that, of the schools selected to participate in the program, there is appropriate representation of rural, urban, and suburban schools, as determined by the Secretary; ``(C) ensure that, of the schools selected to participate in the program, there is appropriate representation of elementary, middle, and secondary schools, as determined by the Secretary; ``(D) ensure that schools selected to receive a grant under this subsection meet the requirements of paragraph (3); ``(E) give priority to schools that develop comprehensive plans that include the involvement of a broad range of community stakeholders in achieving healthy school nutrition environments; ``(F) give priority to schools that develop comprehensive plans that include a strategy for maintaining healthy school nutrition environments in the years following the fiscal years for which the schools receive grants under this subsection; ``(G) select only schools that submit grant applications by May 1, 2004; and ``(H) make grant awards effective not later than July 15, 2004. ``(3) Requirements.-- ``(A) Input.--Prior to the solicitation of proposals for grants under this subsection, the Secretary shall solicit input from appropriate nutrition, health, and education organizations (such as the American School Food Service Association, the American Dietetic Association, and the National School Boards Association) regarding the appropriate criteria for a healthy school environment. ``(B) Criteria for healthy school environments.-- The Secretary shall, taking into account input received under subparagraph (A), establish criteria for defining a healthy school environment, including criteria that-- ``(i) provide program meals that meet nutritional standards for breakfasts and lunches established by the Secretary; ``(ii) ensure that all food served (including food served in participating schools and service institutions in competition with the programs authorized under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)) on school grounds during regular school hours is consistent with the nutritional standards for breakfasts and lunches established by the Secretary; ``(iii) promote the consumption of fruits and vegetables; ``(iv) provide nutrition education to students and staff; and ``(v) meet other criteria established by the Secretary. ``(C) Plans.--To be eligible to receive a grant under this subsection, a school shall submit to the Secretary a healthy school nutrition environment plan that describes the actions the school will take to meet the criteria established under subparagraph (B). ``(4) Grants.--For each of fiscal years 2005 through 2008, the Secretary shall make a grant to each school selected under paragraph (2). ``(5) Evaluations.-- ``(A) In general.--The Secretary, acting through the Administrator of the Food and Nutrition Service, shall conduct an evaluation of a representative sample of schools that receive grants under this subsection. ``(B) Content.--The evaluation shall measure, at a minimum, the effects of a healthy school nutrition environment on-- ``(i) overweight children and obesity; ``(ii) dietary intake; ``(iii) nutrition education and behavior; ``(iv) the adequacy of time to eat; ``(v) physical activities; ``(vi) parental and student attitudes and participation; and ``(vii) related funding issues, including the cost of maintaining a healthy school nutrition environment. ``(C) Reports.--The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate-- ``(i) not later than December 31, 2005, an interim report on the activities of schools evaluated under this subsection; and ``(ii) not later than December 31, 2007, a final report on the activities of schools evaluated under this subsection. ``(6) Funding.-- ``(A) In general.--Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection-- ``(i) on October 1, 2003, $10,000,000 ``(ii) on October 1, 2004, and each October 1 thereafter through October 1, 2006, $35,000,000. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subparagraph (A), without further appropriation. ``(C) Availability of funds.--Funds transferred under subparagraph (A) shall remain available until expended. ``(D) Evaluations.--Of the funds made available under this paragraph, the Secretary shall use not more than $5,000,000 to conduct evaluations under paragraph (5).''. (b) Competitive Foods in Schools.-- (1) In general.--Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is amended-- (A) in subsection (a), by striking ``, including'' and all that follows through ``Lunch Act''; and (B) by striking subsection (b) and inserting the following: ``(b) Competitive Foods in Schools.-- ``(1) In general.--The regulations under subsection (a) may include provisions that regulate the service of food in participating schools and service institutions in competition with the programs authorized under this Act and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (referred to in this subsection as `competitive foods'). ``(2) Regulations.--The regulations promulgated under paragraph (1)-- ``(A) shall apply to all school grounds during the duration of the school day; ``(B) shall not supersede or otherwise affect State and local regulations on competitive foods that, as determined by the Secretary, conform to the nutritional goals of the regulations promulgated by the Secretary; ``(C) shall require that the proceeds from the sale of competitive foods in schools be used for the benefit of the schools or of organizations of students approved by the schools, if those sales are allowed by the regulations; ``(D) shall take into account the differing needs of-- ``(i) elementary schools; ``(ii) middle schools and junior high schools; and ``(iii) high schools; and ``(E) shall implement the recommendations of the Institute of Medicine made under paragraph (3). ``(3) Institute of medicine recommendations.-- ``(A) In general.--The Secretary of Agriculture shall offer to enter into an agreement with the Institute of Medicine of the National Academy of Sciences under which the Institute of Medicine, based on sound nutritional science, shall make recommendations to the Secretary regarding the regulation of competitive foods (as defined in section 10(b)(1) of the Child Nutrition Act of 1966 (as amended by paragraph (1)(B))). ``(B) Regulations.--Not later than 1 year after the date of receipt of final recommendations from the Institute of Medicine, the Secretary shall promulgate regulations to carry out section 10(b) of the Child Nutrition Act of 1966 (as amended by paragraph (1)(B)) in accordance with the recommendations of the Institute of Medicine. ``(C) Report.--Not later than 1 year after the date of receipt of final recommendations from the Institute of Medicine, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the actions of the Secretary under subparagraph (B).''.

Amends the Richard B. Russell National School Lunch Act (NSLA) to direct the Secretary of Agriculture (Secretary) to establish a program of competitive incentive grants to selected elementary and secondary schools to create healthy school nutrition environments and assess the impact of such environments on the health and well-being of children enrolled in the schools. Amends the Child Nutrition Act of 1966 (CNA) to revise requirements relating to the Secretary's CNA and NSLA regulation of competitive foods in schools. Eliminates a provision which barred such regulations from prohibiting the sale of competitive foods approved by the Secretary in food service facilities or areas during the time of service of food under CNA or NSLA, if the proceeds from the sales of such foods would inure to the benefit of the schools or of organizations of students approved by the schools. Allows such regulations to include provisions that regulate the service of competitive foods. Requires regulations regarding competitive foods to: (1) apply to all school grounds during the duration of the school day; (2) not supersede or otherwise affect State and local regulations on competitive foods that the Secretary determines conform to CNA and NSLA nutritional goals; (3) if such sales are allowed, require proceeds to be used for the benefit of schools or school-approved student organizations; (4) take into account differing needs of elementary, middle and junior high, and high schools; and (5) implement recommendations the Institute of Medicine will make to the Secretary regarding regulation of competitive foods in schools.

A bill to amend the Richard B. Russell National School Lunch Act to improve the nutrition of students served under child nutrition programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Voting Protection Act of 2008''. SEC. 2. REQUIRING COLLECTION AND DELIVERY OF ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. (a) Requiring Collection and Delivery by Secretary of Defense.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section: ``SEC. 103A. COLLECTION AND DELIVERY OF ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. ``(a) Collection.--The Presidential designee shall establish procedures for collecting absentee ballots of absent overseas uniformed services voters in elections for Federal office, including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under section 103, and for delivering the ballots to the appropriate State election officials. ``(b) Ensuring Delivery Prior to Closing of Polls.-- ``(1) In general.--Under the procedures established under this section, the Presidential designee shall ensure that any absentee ballot collected prior to the applicable deadline described in paragraph (2) is delivered to the appropriate State election official prior to the time established by the State for the closing of the polls on the date of the election. ``(2) Applicable deadline.--The applicable deadline described in this paragraph is-- ``(A) noon (in the location in which the ballot is collected) on the last Friday that precedes the date of the election involved, in the case of a regularly scheduled general election for Federal office; or ``(B) noon (in the location in which the ballot is collected) on the fourth day that immediately precedes the date of the election involved, in the case of any other election for Federal office. ``(c) Use of Contractors.-- ``(1) Use of contractor permitted.--To the greatest extent practicable, the Presidential designee shall carry out this section by contract with a private provider of air transportation. ``(2) Tracking mechanism.--Any contract entered into pursuant to paragraph (1) shall include a requirement that the private provider of air transportation implement procedures to enable any individual whose absentee ballot is collected by the Presidential designee under the procedures established under this section to track the progress of the ballot using the Internet, an automated telephone system, or such other methods as may be provided under the contract. ``(d) Absent Overseas Uniformed Services Voter Defined.--In this section, the term `absent overseas uniformed services voter' means an overseas voter described in section 107(5)(A). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section. Any amounts appropriated pursuant to the authorization under this subsection shall remain available until expended without fiscal year limitation.''. (b) Conforming Amendments.-- (1) Federal responsibilities.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended-- (A) by striking ``and'' at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) carry out section 103A with respect to the collection and delivery of absentee ballots of absent overseas uniformed services voters in elections for Federal office.''. (2) State responsibilities.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) 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) carry out section 103A(b)(2) with respect to the processing and acceptance of absentee ballots of absent overseas uniformed services voters.''. (c) Effective Date.--The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office. SEC. 3. PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE BALLOTS. Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by section 2(b), is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) take such actions as may be required to ensure that absent uniformed services voters are able to cast absentee ballots in a private and independent manner, and that the contents of absentee ballots of absent uniformed services voters and overseas voters will remain secret until tabulation by the appropriate State election official.''.

Military Voting Protection Act of 2008 - Amends the Uniformed Overseas Citizens Absentee Voting Act to direct the Secretary of Defense (the Presidential designee) to establish procedures for collecting absentee ballots of military overseas voters in elections for federal office, and for delivering such ballots to the appropriate state election officials. Requires the Secretary to: (1) ensure that such ballots are delivered prior to the time established for the closing of the polls on the date of the election; (2) carry out delivery requirements through a contract with a private provider of air transportation, which shall include a mechanism for ballot tracking; and (3) take steps to ensure that such voters are able to cast their votes in a private and independent manner, and that vote contents remain secret until tabulated by the state election officials.

To amend the Uniformed and Overseas Citizens Absentee Voting Act to direct the Secretary of Defense to collect absentee ballots of absent overseas uniformed services voters for elections for Federal office and deliver the ballots to State election officials prior to the time established for the closing of the polls on the date of the election, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Leave Act of 2009''. SEC. 2. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED SERVICES. (a) In General.--Part III of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED SERVICES ``Sec. ``4401. Definitions. ``4402. Leave requirement. ``4403. Certification. ``4404. Employment and benefits protection. ``4405. Prohibited acts. ``4406. Enforcement. ``4407. Miscellaneous provisions. ``Sec. 4401. Definitions ``In this chapter: ``(1) The terms `benefit', `rights and benefits', `employee', `employer', and `uniformed services' have the meaning given such terms in section 4303 of this title. ``(2) The term `contingency operation' has the same meaning given such term in section 101(a)(13) of title 10. ``(3) The term `eligible employee' means an individual who is-- ``(A) a family member of a member of a uniformed service; and ``(B) an employee of the employer with respect to whom leave is requested under section 4402 of this title. ``(4) The term `family member' means an individual who is, with respect to another individual, one of the following: ``(A) The spouse of the other individual. ``(B) A son or daughter of the other individual. ``(C) A parent of the other individual. ``(5) The term `reduced leave schedule' means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. ``(6) The terms `spouse', `son or daughter', and `parent' have the meaning given such terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). ``Sec. 4402. Leave requirement ``(a) Entitlement to Leave.--In any 12-month period, an eligible employee shall be entitled to two workweeks of leave for each family member of the eligible employee who, during such 12-month period-- ``(1) is in the uniformed services; and ``(2)(A) receives notification of an impending call or order to active duty in support of a contingency operation; or ``(B) is deployed in connection with a contingency operation. ``(b) Leave Taken Intermittently or on Reduced Leave Schedule.--(1) Leave under subsection (a) may be taken by an eligible employee intermittently or on a reduced leave schedule as the eligible employee considers appropriate. ``(2) The taking of leave intermittently or on a reduced leave schedule pursuant to this subsection shall not result in a reduction in the total amount of leave to which the eligible employee is entitled under subsection (a) beyond the amount of leave actually taken. ``(c) Paid Leave Permitted.--Leave granted under subsection (a) may consist of paid leave or unpaid leave as the employer of the eligible employee considers appropriate. ``(d) Relationship to Paid Leave.--(1) If an employer provides paid leave to an eligible employee for fewer than the total number of workweeks of leave that the eligible employee is entitled to under subsection (a), the additional amount of leave necessary to attain the total number of workweeks of leave required under subsection (a) may be provided without compensation. ``(2) An eligible employee may elect, and an employer may not require the eligible employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the eligible employee for leave provided under subsection (a) for any part of the total period of such leave the eligible employee is entitled to under such subsection. ``(e) Notice for Leave.--In any case in which an eligible employee chooses to use leave under subsection (a), the eligible employee shall provide such notice to the employer as is reasonable and practicable. ``Sec. 4403. Certification ``(a) In General.--An employer may require that a request for leave under section 4402(a) of this title be supported by a certification of entitlement to such leave. ``(b) Timeliness of Certification.--An eligible employee shall provide, in a timely manner, a copy of the certification required by subsection (a) to the employer. ``(c) Sufficient Certification.--A copy of the notification, call, or order described in section 4402(a)(2) of this title shall be considered sufficient certification of entitlement to leave for purposes of providing certification under this section. The Secretary may prescribe such additional forms and manners of certification as the Secretary considers appropriate for purposes of providing certification under this section. ``Sec. 4404. Employment and benefits protection ``(a) In General.--An eligible employee who takes leave under section 4402 of this title for the intended purpose of the leave shall be entitled, on return from such leave-- ``(1) to be restored by the employer to the position of employment held by the eligible employee when the leave commenced; or ``(2) to be restored to an equivalent position with equivalent rights and benefits of employment. ``(b) Loss of Benefits.--The taking of leave under section 4402 of this title shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. ``(c) Limitations.--Nothing in this section shall be construed to entitle any restored employee to-- ``(1) the accrual of any seniority or employment benefits during any period of leave; or ``(2) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. ``Sec. 4405. Prohibited acts ``(a) Exercise of Rights.--It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter. ``(b) Discrimination.--It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter. ``Sec. 4406. Enforcement ``The provisions of subchapter III of chapter 43 of this title shall apply with respect to the provisions of this chapter as if such provisions were incorporated into and made part of this chapter. ``Sec. 4407. Miscellaneous provisions ``The provisions of subchapter IV of chapter 43 of this title shall apply with respect to the provisions of this chapter as if such provisions were incorporated into and made part of this chapter.''. (b) Clerical Amendments.--The table of chapters at the beginning of title 38, United States Code, and at the beginning of part III of such title, are each amended by inserting after the item relating to chapter 43 the following new item: ``44. Annual Leave for Family of Deployed Members of the 4401.''. Uniformed Services.

Military Family Leave Act of 2009 - Entitles an employed family member of a member of the Armed Forces who receives notification of a call or order to active duty in support of a contingency operation, or who is deployed in connection with a contingency operation, to two workweeks of leave per year for each family member who is so called or deployed. Allows such leave to: (1) be taken intermittently or on a reduced leave schedule; and (2) consist of paid or unpaid leave, as the employer considers appropriate. Allows an employer to require certification of entitlement to such leave within a leave request. Provides employment and benefits protection for employees upon their return from such leave. Prohibits an employer from interfering with or otherwise denying the exercise of such leave rights.

A bill to amend title 38, United States Code, to grant family of members of the uniformed services temporary annual leave during the deployment of such members.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Canyon National Park Complex Act of 1996''. SEC. 2. ESTABLISHMENT OF BLACK CANYON OF THE GUNNISON NATIONAL PARK. (a) There is hereby established the Black Canyon of the Gunnison National Park (hereinafter referred to as the ``park'') in the State of Colorado. The Black Canyon National Monument is abolished as such, and all lands and interest therein are hereby incorporated within and made part of the Black Canyon of the Gunnison National Park. Any reference to the Black Canyon of the Gunnison National Monument shall be deemed a reference to Black Canyon of the Gunnison National Park, and any funds available for the purposes of the monument shall be available for purposes of the park. (b) The Secretary of the Interior (hereinafter referred to as the ``Secretary'') acting through the Director of the National Park Service shall manage the park, subject to valid exiting rights, in accordance with this Act and under the provisions of law generally applicable to units of the National Park System including but not limited to the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), and other applicable provisions of law. SEC. 3. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA. (a) There is hereby established the Gunnison Gorge National Conservation Area (hereafter referred to as the ``conservation area'') in the State of Colorado, consisting of approximately 64,139 acres as generally depicted on the map entitled ``Black Canyon of the Gunnison National Park Complex--Map No. 2, dated 10/27/95'' (hereinafter referred to as the ``map''). (b) The Secretary, acting through the Director of the Bureau of land management, shall manage the conservation area, subject to valid existing rights, in accordance with this Act, the Federal Land Management and Policy Act of 1976, and other applicable provisions of law. (c) In addition to the use of motorized vehicles on established roadways, the use of motorized vehicles in the conservation area shall be allowed to the extent compatible, in accordance with existing off- highway vehicle designations as described in the current, approved management plan, or as part of the management plan prepared pursuant to this Act. (d) Within four years following the date of enactment of this Act, the Secretary shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Resources of the United States House of Representatives a comprehensive plan for the long-range protection and management of the conservation area. The plan shall describe the appropriate uses and management of the conservation area consistent with the provisions of this Act. The plan may incorporate appropriate decisions contained in any current management or activity plan for the area. The plan may also incorporate appropriate wildlife habitat management or other plans that have been prepared for the lands within or adjacent to the conservation area, and shall be prepared in close consultation with appropriate agencies of the State of Colorado and shall use information developed in previous studies of the lands within or adjacent to the conservation area. SEC. 4. ESTABLISHMENT OF THE CURECANTI NATIONAL RECREATION AREA, AND THE DENVER AND RIO GRANDE RAILROAD NATIONAL HISTORIC SITE. (a) There is hereby established, the Curecanti National Recreation Area (hereinafter referred to as the ``recreation area'' in the State of Colorado. The recreation area shall consist of the lands and water within the area designated ``Curecanti National Recreation Area'' as depicted on the map. (b) The Secretary, acting through the Director of the National Park Service shall manage the recreation area, subject to valid existing rights, in accordance with this Act and under provisions of law generally applicable to units of the National Park System including but not limited to the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), and other applicable provisions of law, except as otherwise provided in this section. (c) The establishment of the recreation area under subsection (a) shall not affect or interfere with the validity of withdrawals made before the date of enactment of this Act for reclamation or power purposes. Operation of improvements on and the management of lands occupied by dams, structures, or other facilities subject to the Colorado River Storage Project Act of 1956 (42 U.S.C. 620 et seq.) shall be the responsibility of the Secretary, acting through the Commissioner of the Bureau of Reclamation. Such lands shall be delineated through a joint agreement among the Bureau of Reclamation, the National Park Service, and all associated entities. The Secretary may enter into additional agreements which address sharing of jurisdiction and authorities on the delineated lands. All lands within the recreation area which have been withdrawn or acquired by the United States for reclamation purposes shall remain subject to the purposes and uses established under the Colorado River Storage Project Act of 1956 (42 U.S.C. 620 et seq.). The Secretary may exclude any area from the recreation area for reclamation or power purposes upon determining that it is in the national interest to do so. (d) The Secretary shall administer the recreation area subject to all public laws, memoranda of interagency agreement, memoranda of agreement and/or understanding, including cooperative agreements, licenses, permits, and contracts and right-of-way agreements currently in effect, and/or referenced in the Curecanti National Recreation Area Statement for Management, dated November 1990. (e) Within the recreation area there is hereby established, subject to the provisions of this section, the Denver and Rio Grande National Historic Site (hereinafter referred to as the ``historic site'') consisting of the Denver and Rio Grande rolling stock and train trestle at Cimarron, as depicted on the map. The Secretary may include those portions of the historic railroad bed within the boundaries of the historic site which would serve to enhance or contribute to the interpretation of the development of the railroad and its role in the development of western Colorado. (f) Within the recreation area there is hereby established, subject to the provisions of this section, the Curecanti Archeological District (hereinafter referred to as the ``district'') as depicted on the map. (g) Within one year after the enactment of this Act, the Secretary shall submit a comprehensive list of laws, rules, regulations, right-of way permits and agreements, licensing agreements, special-use permits or other authorizing documents issued by the Bureau of Reclamation, the Bureau of Land Management, and the Forest Service, for the use of lands within the recreation area, to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Resources of the United States House of Representatives. SEC. 5. THE ESTABLISHMENT OF THE BLACK CANYON OF THE GUNNISON NATIONAL PARK COMPLEX. (a) There is hereby established the Black Canyon of the Gunnison National Park Complex (hereinafter referred to as the ``complex'') in the State of Colorado. The complex shall include the following lands as depicted on the map: (1) The park. (2) The conservation area. (3) The recreation area. (4) Those portions of lands comprising the Gunnison National Forest as depicted on the map. (b) The Secretary, acting through the Director of the National Park Service shall manage the park, recreation area, historic site and district; and acting through the Director of the Bureau of Land Management, shall manage the conservation area in accordance with this Act, and other applicable provisions of law. (c) The Secretary of Agriculture, acting through the Chief of the Forest Service shall manage, subject to valid existing rights, those portions of the forest that have been included in the complex in accordance with the laws, rules, and regulations pertaining to the National Forest System and this Act. (d) The Secretaries shall manage the areas under their jurisdiction within the complex in a consistent manner to the maximum extent practical. Wherever possible, regulations, permits, licenses, and other agreements should be issued jointly. The Secretaries shall ensure that, to the maximum extent practical, that personnel, equipment, and other resources are shared among the agencies and that the duplication of effort is reduced or eliminated. SEC. 6. WATER RIGHTS. Nothing in this Act, nor in any action taken pursuant thereto under any other act, shall constitute an express or implied reservation of water for any purpose. Nothing in this Act, nor any actions taken pursuant thereto shall affect any existing water rights, including, but not limited to, any water rights held by the United States prior to the date of enactment of this Act. Any water rights that the Secretary determines are necessary for the purposes of this Act shall be acquired under the procedural and substitutive requirements of the laws of the State of Colorado. SEC. 7. RECREATIONAL AND MULTIPLE-USE ACTIVITIES. (a) In carrying out this Act, in addition to other related activities that may be permitted pursuant to this Act, the Secretaries shall provide for general recreation and multiple use activities that are considered appropriate and compatible within the areas of their respective jurisdiction, including, but not limited to, swimming, fishing, boating, rafting, hiking, horseback riding, camping and picnicking. The Secretaries shall also provide for certain multiple use activities, subject to valid existing rights, including grazing and the harvesting of hay; the maintenance of roads, stock driveways, and utility rights-of-way. Within the boundaries of the recreation area the Secretary shall also provide for off-road vehicle use below high water levels, on frozen lake surfaces, and on related designated access routes; and other such uses as the Secretary may deem appropriate. (b) The Secretaries shall permit hunting, fishing, noncommercial taking of fresh-water crustaceans, and trapping on the lands and waters under the Secretaries jurisdiction in accordance with applicable laws and regulations of the United States and the State of Colorado, except that the Secretaries, after consultation with the Colorado Division of Wildlife, may issue regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Subject to valid existing rights, hunting and trapping will not be allowed within the boundaries of the park. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is hereby authorized to be appropriated such sums as may be necessary to carry out this Act.

Black Canyon National Park Complex Act of 1996 - Establishes the Black Canyon of the Gunnison National Park in Colorado. Abolishes the Black Canyon National Monument and incorporates all lands and interests therein as part of the Park. Establishes in Colorado: (1) the Gunnison Gorge National Conservation Area (conservation area); (2) the Curecanti National Recreation Area (recreation area); (3) the Denver and Rio Grande National Historic Site (consisting of the Denver and Rio Grande rolling stock and train trestle at Cimarron) and the Curecanti Archeological District located within the recreation area; and (4) the Black Canyon of the Gunnison National Park Complex (consisting of the Park, the conservation area, the recreation area, and portions of the Gunnison National Forest). Requires the Secretary of the Interior to transmit to specified congressional committees: (1) a comprehensive plan for the long-range protection and management of the conservation area; and (2) a comprehensive list of authorizing documents issued by the Bureau of Reclamation, the Bureau of Land Management, and the Forest Service for the use of lands within the recreation area. Directs the Secretaries of Agriculture and the Interior, with respect to areas within their jurisdictions, to: (1) provide for appropriate general recreation and multiple use activities, including swimming, fishing, boating, rafting, hiking, horseback riding, camping, and picnicking and, subject to valid existing rights, grazing and hay harvesting and the maintenance of roads, stock driveways, and utility rights-of-way; (2) permit limited off-road vehicle use within the recreation area; and (3) permit hunting, fishing, noncommercial taking of fresh-water crustaceans, and trapping (except that hunting and trapping are prohibited within the Park and in such zones and periods as the Secretaries may designate). Authorizes appropriations.

Black Canyon National Park Complex Act of 1996

SECTION 1. REVISION OF CONDITIONS OF PAYMENT RELATING TO ANESTHESIA SERVICES FURNISHED BY CERTIFIED REGISTERED NURSE ANESTHETISTS. (a) Promulgation of Revised Regulations.--The Secretary of Health and Human Services shall revise any regulations describing the conditions under which payment may be made for anesthesia services under the medicare program so that-- (1) payment may be made for anesthesia services furnished in a hospital or an ambulatory surgical center by a certified registered nurse anesthetist who is permitted to administer anesthesia under the law of the State in which the service is furnished; and (2) the conditions under which payment may be made for a physician service consisting of the medical direction or medical supervision of a certified registered nurse anesthetist meet the requirements of subsection (b)(1). (b) Requirements for Medical Direction Described.-- (1) In general.--The requirements of this subsection are that the conditions under which payment may be made for the medical direction or medical supervision of a certified registered nurse anesthetist-- (A) shall not restrict such nurse anesthetists working with anesthesiologists from performing all the components of the anesthesia service that such nurse anesthetists are legally authorized to perform in the State in which the service is furnished; and (B) shall prevent fraud and abuse in payment for anesthesia services by requiring that the physician providing medical direction or medical supervision must be physically present in the facility where the certified registered nurse anesthetist's services are performed and be available in a timely manner for consultation or assistance if indicated. (2) Consultation required.--The Secretary shall revise the regulations referred to in subsection (a)(2) after consultation with representatives from professional associations of certified registered nurse anesthetists and anesthesiologists. (c) Effective Date.--The revisions to the regulations referred to in subsection (a) shall apply to anesthesia services furnished on or after January 1, 1995. (d) Termination of Regulations on Medical Direction or Supervision.--The regulations referred to in subsection (a)(2) shall be repealed effective January 1, 1998. SEC. 2. ENSURING PAYMENT FOR PHYSICIAN AND NURSE FOR JOINTLY FURNISHED ANESTHESIA SERVICES. (a) Payment for Jointly Furnished Single Case.-- (1) Payment to physician.--Section 1848(a)(4) of the Social Security Act (42 U.S.C. 1395w-4(a)(4)), as added by section 13516(a) of the Omnibus Budget Reconciliation Act of 1993 (hereafter referred to as ``OBRA-1993''), is amended by adding at the end the following new subparagraph: ``(C) Payment for single case.--Notwithstanding section 1862(a)(1)(A), with respect to physicians' services consisting of the furnishing of anesthesia services for a single case that are furnished jointly with a certified registered nurse anesthetist, if the carrier determines that the use of both the physician and the nurse anesthetist to furnish the anesthesia service was not medically necessary, the fee schedule amount to be applied shall be equal to 50 percent of the fee schedule amount otherwise applicable under this section if the anesthesia service were personally performed by the physician alone.''. (2) Payment to crna.--Section 1833(l)(4)(B) of such Act (42 U.S.C. 1395l(l)(4)(B)), as added by section 13516(b) of OBRA- 1993, is amended by adding at the end the following new clause: ``(iv) Notwithstanding section 1862(a)(1)(A), in the case of services of a certified registered nurse anesthetist consisting of the furnishing of anesthesia services for a single case that are furnished jointly with a physician, if the carrier determines that the use of both the physician and the nurse anesthetist to furnish the anesthesia service was not medically necessary, the fee schedule amount shall be equal to 50 percent of the fee schedule amount otherwise applicable under this section if the anesthesia service were personally performed by the physician alone.''. (b) Uniform Treatment of All Multiple Concurrent Cases.--Section 1848(a)(4) of such Act (42 U.S.C. 1395w-4(a)(4)) and section 1842(b)(13) of such Act (42 U.S.C. 1395u(b)(13)), as amended by section 13516(a) of OBRA-1993, are each amended-- (1) by striking ``two, three, or four'' each place it appears and inserting ``two or more''; and (2) by inserting ``or medical supervision'' after ``medical direction'' each place it appears. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to services furnished on or after January 1, 1995.

Instructs the Secretary of Health and Human Services to revise Medicare regulations governing payment of anesthesia services to compensate: (1) certified registered nurse anesthetists (CRNAs) for their services; and (2) physician supervision of CRNAs. Amends title XVIII (Medicare) of the Social Security Act to provide guidelines for split payments for anesthesia services furnished jointly by a physician and a CRNA.

To direct the Secretary of Health and Human Services to revise existing regulations concerning the conditions of payment under part B of the medicare program relating to anesthesia services furnished by certified registered nurse anesthetists, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Car Rebate Act of 2009''. SEC. 2. CONSUMER REBATE FOR PURCHASES OF CERTAIN NEW PASSENGER MOTOR VEHICLES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36 the following new section: ``SEC. 36A. CONSUMER REBATE FOR PURCHASES OF CERTAIN NEW PASSENGER MOTOR VEHICLES. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year the applicable amount for each qualified vehicle placed in service by the taxpayer in the taxable year. ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) 2009.--In the case of a taxable year beginning in 2009, the applicable amount shall be determined in accordance with the following table: ``If miles per gallon rating for The applicable amount is: the qualified vehicle for 2009 is: Less than 28 mpg................................... $0 28 mpg or more but not more than 29 mpg........... $1,000 More than 29 mpg but not more than 30 mpg.......... $1,500 More than 30 mpg but not more than 32 mpg.......... $2,000 More than 32 mpg................................... $2,500. ``(2) 2010.--In the case of a taxable year beginning in 2010, the applicable amount shall be determined in accordance with the following table: ``If miles per gallon rating for The applicable amount is: the qualified vehicle for 2010 is: Less than 30 mpg................................... 0 30 mpg or more but not more than 31 mpg........... $1,000 More than 31 mpg but not more than 34 mpg.......... $1,500 More than 34 mpg................................... $2,500. ``(3) After 2010.--For taxable years beginning after December 31, 2010, the Secretary, in consultation with the Environmental Protection Agency, shall prescribe tables under which the applicable amount is determined in accordance with the following: ``(A) The applicable amount shall be determined in such a manner as to create substantial consumer demand by 2015 for new passenger motor vehicles with fuel economy that meets or exceeds the requirements of corporate average fuel economy for passenger automobiles pursuant to section 32902 of title 49, United States Code, otherwise required of manufacturers by 2020. ``(B) The aggregate amount of revenue foregone to the United States Treasury for any calendar year by reason of the credit allowable under this section for taxable years beginning in such calendar year does not exceed the sum of-- ``(i) the aggregate amount of such revenue foregone under this section for taxable years beginning in calendar year 2009, plus ``(ii) 10 percent of the amount determined under clause (i). ``(c) Qualified Vehicle.--For purposes of this section, the term `qualified vehicle' means a motor vehicle-- ``(1) which is subject to average fuel economy standards pursuant to section 32902 of title 49, United States Code, for passenger automobiles, ``(2) the original use of which commences with the taxpayer, ``(3) which is acquired for use or lease by the taxpayer and not for resale, and ``(4) which is made by a manufacturer. ``(d) Other Definitions and Special Rules.-- ``(1) Miles per gallon rating.--The term `miles per gallon rating' means the combined fuel economy estimates provided by the Environmental Protection Agency. ``(2) Motor vehicle.--The term `motor vehicle' has the meaning given such term by section 30(c)(2). ``(3) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this paragraph) be allowed as a credit to the taxpayer under subsection (a) with respect to any qualified vehicle shall be reduced (but not below zero) by the aggregate amount paid to such taxpayer under section 6431 with respect to such vehicle. ``(4) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(5) No double benefit.-- ``(A) In general.--Except as provided by subparagraph (B), the amount of any deduction or other credit allowable under this chapter for a qualified vehicle shall be reduced by the amount of credit allowed under subsection (a) for such vehicle for the taxable year. ``(B) Coordination with sections 30b and 30d.-- Subparagraph (A) shall not apply to with respect to the credit allowed under section 30B or 30D and the credit allowed under subsection (a) with respect to a qualified vehicle shall be in addition to any credit allowed under section 30B or 30D with respect such vehicle. ``(6) Property used by tax-exempt entity.--In the case of a vehicle the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle (determined without regard to subsection (b)(2)). ``(7) Property used outside united states, etc, not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(8) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of a vehicle). ``(9) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects not to have this section apply to such vehicle. ``(10) Interaction with air quality and motor vehicle safety standards.--Unless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with-- ``(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and ``(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(e) Termination.--This section shall not apply with respect to any property purchased after December 31, 2014.''. (b) Advance Payment of Credit.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CONSUMER REBATE FOR PURCHASES OF CERTAIN NEW PASSENGER MOTOR VEHICLES. ``(a) General Rule.--Not later than 3 months after the date of the enactment of this section, the Secretary shall establish a program for making payments to certified individuals of the applicable amount with respect to a qualified vehicle. ``(b) Certified Individual.--For purposes of this section, the term `certified individual' means any individual for whom a qualified passenger motor vehicle eligibility certificate is in effect. ``(c) Qualified Passenger Motor Vehicle Eligibility Certificate.-- For purposes of this section, the term `qualified passenger motor vehicle eligibility certificate' means any written statement that an individual is entitled to a credit under section 36A if such statement provides such information as the Secretary may require for purposes of this section. ``(d) Timing of Payments.--The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this section as rapidly as possible. ``(e) Regulations.--The Secretary may issue such regulations or other guidance as may be necessary or appropriate to carry out this section, including the requirement to report information or the establishment of other methods for verifying the correct amounts of payments and credits under section 36A.''. (c) Administrative Amendments.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting ``36A,'' after ``36,''. (2) Mathematical or clerical error authority.--Section 6213(g)(2) of such Code is amended by striking ``and'' at the end of subparagraph (L), by striking the period at the end of subparagraph (M) and inserting ``, and'', and by inserting after subparagraph (M) the following new subparagraph: ``(N) an omission of information required pursuant to section 36431(e) (relating to consumer rebate for purchases of certain new passenger motor vehicles).''. (d) Conforming and Clerical Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item: ``Sec. 36A. Consumer rebate for purchases of certain new passenger motor vehicles.''. (3) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Consumer rebate for purchases of certain new passenger motor vehicles.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2008.

Clean Car Rebate Act of 2009 - Amends the Internal Revenue Code to allow a refundable tax credit for the purchase of new fuel-efficient passenger motor vehicles. Allows a $1,000 tax credit for vehicles purchased in 2009 that achieve a mile per gallon (mpg) rating of 28, and increases such credit amount to $2,500 for an mpg rating of more than 32. Increases required mpg ratings in 2010 and directs the Secretary of the Treasury, in consultation with the Administrator of the Environmental Protection Agency (EPA), to prescribe mpg ratings for such credit for taxable years beginning after 2010 to achieve specified fuel economy goals by 2015. Terminates such credit after December 31, 2014. Directs the Secretary to establish a program for making advance payments of credit amounts to individuals who purchase vehicles that meet the mpg ratings established by this Act.

To amend the Internal Revenue Code of 1986 to provide for consumer rebates for purchases of certain new passenger motor vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warriors Joint Health Care Performance Metrics and Transparency Act''. SEC. 2. ESTABLISHMENT AND MONITORING OF MEDICAL HOLDOVER PERFORMANCE STANDARDS. (a) Requirement for Performance Standards for Medical Holdover Process.--The Secretary of Defense shall assign the Assistant Secretary of Defense for Health Affairs the responsibility for establishing performance standards for each step of the medical holdover process, including the following: (1) Mobilization. (2) Medical condition. (3) MNO decision. (4) Disposition plan. (5) Execution plan. (6) Final disposition decision of a medical evaluation board or physical evaluation board. (7) Transition. (b) Quarterly Inspections.-- (1) Requirement for inspections.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall require each military medical installation to perform a quarterly inspection based on the performance standards established under subsection (a) of the following: command and control responsibilities, billeting, staffing, soldier administration, staff training, in and out processing, transition and separation processing, dining facilities and other non-medical patient services, transportation, medical case management, medical care, access and documentation, and medical database and medical records quality. Inspections teams should include representatives from all commands with jurisdiction over medical and administrative services provided to injured and wounded soldiers, and shall include representatives from the Department of Defense and the Inspector General of the Department of Defense. (2) Inspection reports.--The Assistant Secretary shall require a report on each inspection carried out under paragraph (1) to be submitted to the Secretary of Defense, the Inspector General of the Department of Defense, each command or agency with jurisdiction, the Secretary of each military department, the chief of staff of each Armed Force, and the inspector general of each military department. (c) Additional Specific Standards.-- (1) Security and medical personnel.--The Assistant Secretary of Defense for Health Affairs shall develop and enforce standards for security personnel and medical personnel to perform daily rounds of each medical inpatient and outpatient facility. The standards shall include a requirement for access to help 24 hours a day for patients with medical emergencies or needs. (2) Timeliness.--The Assistant Secretary also shall develop and enforce standards for setting time standards for responding to patient questions and scheduling appointments for medical evaluation board and physical evaluation board evaluations. (3) Processing.--The Assistant Secretary also shall develop and enforce in-processing and out-processing standards, patient counseling standards, and information standards to address patient and family members on all aspects of care, including medical and administrative evaluation procedures and requirements. (d) Monthly Reports.-- (1) Requirement.--The Assistant Secretary of Defense for Health Affairs shall submit to the Secretary of Defense and the Inspector General of the Department of Defense a monthly report on military service performance in all categories of medical holdover patient care including, at a minimum, inspections, individual patient information, trends and problems, statistical information on time of patients in medical holdover status, performance of service commands, and other service personnel serving patients and families in medical holder status. (2) Additional matters covered.--The report also shall contain-- (A) information on all individual patient complaints and action taken to mediate the patient concern; (B) information on all concerns raised by patient advocates to military service installation commanders and report on actions taken; and (C) statistical information on the incidence, treatments, and outcomes of traumatic brain injury patients among the medical holdover patient population. (e) Semi-Annual Meetings.--The Assistant Secretary of Defense for Health Affairs shall meet semi-annually with the Secretaries of the military departments to address medical holdover program execution, including all medical and administrative issues, force structure, manning, training, and resource requirements. (f) Inspector General Responsibilities.--The Inspector General of the Department of Defense shall audit and review the medical holdover system and the performance standards developed under this section and shall submit quarterly reports to the Assistant Secretary of Defense for Health Affairs, the Secretaries of the military departments, and the following congressional committees: (1) The Committees on Armed Services of the Senate and the House of Representatives. (2) The Committee on Homeland Security and Governmental Affairs of the Senate. (3) The Committee on Oversight and Government Reform of the House of Representatives. (g) Medical Holdover Patient.--In this Act, the term ``medical holdover patient'' means a member of the Armed Forces, including a member of the National Guard or other reserve component, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces. (h) Authorization.--There is authorized to be appropriated to carry out-- (1) subsections (a) through (e) of this Act, $1,000,000 for fiscal year 2007; and (2) subsection (f) of this Act, $2,000,000 for fiscal year 2007 and $3,000,000 for fiscal year 2008.

Wounded Warriors Joint Health Care Performance Metrics and Transparency Act - Assigns the Assistant Secretary of Defense for Health Affairs responsibility for establishing performance standards for each step of the medical holdover patient process. Defines "medical holdover patient" as a member of the Armed Forces, including a member of the National Guard or other reserve component, who is undergoing medical treatment, recuperation, or therapy, or who is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty. Directs the Secretary of Defense to require each military medical installation to perform a quarterly inspection based on the performance standards established by this Act. Requires the Assistant Secretary to provide reports on such inspections to the Secretary, the Inspector General of the Department of Defense, and other military officials. Requires the Assistant Secretary to develop and enforce standards for: (1) security and medical personnel to perform daily rounds of each medical inpatient and outpatient facility, including a requirement for 24-hour access for patients with medical emergencies or needs; (2) responding to patient questions and scheduling medical appointments; and (3) in-processing and out-processing, counseling, and information for patients and family members. Requires the Assistant Secretary to: (1) submit monthly reports to the Secretary and the Inspector General on military service performance in all categories of medical holdover patient care; and (2) meet semi-annually with the Secretaries of the military departments to address medical holdover program execution issues. Requires the Inspector General to audit and review the medical holdover system and the performance standards developed by this Act.

To establish and monitor medical holdover performance standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disabled Veterans Tax Termination Act''. SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a). (b) Repeal of Phase-in of Concurrent Receipt of Retired Pay and Veterans' Disability Compensation.--Such section is further amended-- (1) in subsection (a), by striking the final sentence of paragraph (1); (2) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (3) in subsection (d) (as so redesignated), by striking subparagraph (4). (c) Clerical Amendments.-- (1) The heading for section 1414 of such title is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''. (2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT. (a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and all that follows and inserting ``who-- ``(1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(2) has a combat-related disability.''. (b) Amendments to Standardize Similar Provisions.-- (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking ``rules'' and inserting ``rule''. (2) Specification of qualified retirees for concurrent receipt purposes.--Subsection (a) of section 1414 of such title, as amended by section 2(a), is amended-- (A) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``an individual who is a qualified retiree for any month''; (B) by inserting ``retired pay and veterans' disability compensation'' after ``both''; and (C) by adding at the end the following new paragraph: ``(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is also entitled for that month to veterans' disability compensation.''. (3) Standardization with crsc rule for chapter 61 retirees.--Subsection (b) of section 1414 of such title is amended-- (A) by striking ``Special Rules'' in the subsection heading and all that follows through ``is subject to'' in paragraph (1) and inserting ``Special Rule for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.

Disabled Veterans Tax Termination Act - Amends federal military retired pay provisions to: (1) permit veterans with a service-connected disability of less than 50% to claim both retired pay and disability compensation; (2) eliminate provisions requiring a phase in between January 1, 2004, and December 31, 2013, of concurrent receipt of retired pay and disability compensation; (3) eliminate the four-year phase in of concurrent receipt of retired pay and disability compensation for disabled veterans determined to be individually unemployable; (4) permit certain veterans with combat-related disabilities (Chapter 61 retirees) to claim both retired pay and disability compensation; and (5) extend combat-related special compensation to certain veterans with less than 20 years of service who have a combat-related disability (TERA retirees).

To amend title 10, United States Code, to eliminate the offset between military retired pay and veterans service-connected disability compensation for certain retired members of the Armed Forces who have a service-connected disability, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Mexico Border Health Commission Act''. SEC. 2. ESTABLISHMENT OF BORDER HEALTH COMMISSION. The President is authorized and encouraged to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. SEC. 3. DUTIES. It should be the duty of the Commission-- (1) to conduct a comprehensive needs assessment in the United States-Mexico Border Area for the purposes of identifying, evaluating, preventing, and resolving health problems and potential health problems that affect the general population of the area; (2) to implement the actions recommended by the needs assessment through-- (A) assisting in the coordination and implementation of the efforts of public and private entities to prevent and resolve such health problems, and (B) assisting in the coordination and implementation of efforts of public and private entities to educate such population, in a culturally competent manner, concerning such health problems; and (3) to formulate recommendations to the Governments of the United States and Mexico concerning a fair and reasonable method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service that the entity furnishes to a citizen of the first country who is unable, through insurance or otherwise, to pay for the service. SEC. 4. OTHER AUTHORIZED FUNCTIONS. In addition to the duties described in section 3, the Commission should be authorized to perform the following functions as the Commission determines to be appropriate-- (1) to conduct or support investigations, research, or studies designed to identify, study, and monitor, on an on-going basis, health problems that affect the general population in the United States-Mexico Border Area; (2) to conduct or support a binational, public-private effort to establish a comprehensive and coordinated system, which uses advanced technologies to the maximum extent possible, for gathering health-related data and monitoring health problems in the United States-Mexico Border Area; and (3) to provide financial, technical, or administrative assistance to public or private nonprofit entities who act to prevent or resolve such problems or who educate the population concerning such health problems. SEC. 5. MEMBERSHIP. (a) Number and Appointment of United States Section.--The United States section of the Commission should be composed of 13 members. The section should consist of the following members: (1) The Secretary of Health and Human Services or the Secretary's delegate. (2) The commissioners of health or chief health officer from the States of Texas, New Mexico, Arizona, and California or such commissioners' delegates. (3) Two individuals residing in United States-Mexico Border Area in each of the States of Texas, New Mexico, Arizona, and California who are nominated by the chief executive officer of the respective States and appointed by the President from among individuals who have demonstrated ties to community-based organizations and have demonstrated interest and expertise in health issues of the United States-Mexico Border Area. (b) Commissioner.--The Commissioner of the United States section of the Commission should be the Secretary of Health and Human Services or such individual's delegate to the Commission. The Commissioner should be the leader of the section. (c) Compensation.--Members of the United States section of the Commission who are not employees of the United States or any State-- (1) shall each receive compensation at a rate of not to exceed the daily equivalent of the annual rate of basic pay payable for positions at GS-15 of the General Schedule under section 5332 of title 5, United States Code, for each day such member is engaged in the actual performance of the duties of the Commission; and (2) shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services of the Commission. SEC. 6. REGIONAL OFFICES. The Commission may designate or establish one border health office in each of the States of Texas, New Mexico, Arizona, and California. Such office should be located within the United States-Mexico Border Area, and should be coordinated with-- (1) State border health offices; and (2) local nonprofit organizations designated by the State's chief executive officer and directly involved in border health issues. If feasible to avoid duplicative efforts, the Commission offices should be located in existing State or local nonprofit offices. The Commission should provide adequate compensation for cooperative efforts and resources. SEC. 7. REPORTS. Not later than February 1 of each year that occurs more than 1 year after the date of the establishment of the Commission, the Commission should submit an annual report to both the United States Government and the Government of Mexico regarding all activities of the Commission during the preceding calendar year. SEC. 8. DEFINITIONS. As used in this Act: (1) Commission.--The term ``Commission'' means the United States-Mexico Border Health Commission. (2) Health problem.--The term ``health problem'' means a disease or medical ailment or an environmental condition that poses the risk of disease or medical ailment. The term includes diseases, ailments, or risks of disease or ailment caused by or related to environmental factors, control of animals and rabies, control of insect and rodent vectors, disposal of solid and hazardous waste, and control and monitoring of air quality. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) United states-mexico border area.--The term ``United States-Mexico Border Area'' means the area located in the United States and Mexico within 100 kilometers of the border between the United States and Mexico. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States-Mexico Border Health Commission Act - Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the U.S.-Mexican border area to identify and resolve health problems that affect the general population of the area; and (2) formulate recommendations for a fair method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service. Permits the Commission to establish one border health office in each of the States of Texas, New Mexico, Arizona, and California.

United States-Mexico Border Health Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Competitiveness Act''. SEC. 2. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN SPECIFIED AREAS. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IV--CERTAIN NEW INVESTMENTS IN SPECIFIED AREAS ``Sec. 1400V. Zero capital gains rate for certain new investments. ``SEC. 1400V. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS. ``(a) In General.--Gross income does not include any qualified capital gain from the sale or exchange of a specified new investment held for more than 1 year. ``(b) Specified New Investment.--For purposes of this section-- ``(1) In general.--The term `specified new investment' means-- ``(A) any qualified stock, ``(B) any qualified partnership interest, and ``(C) any qualified business property. ``(2) Qualified stock.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified stock' means any stock in a domestic corporation if-- ``(i) such stock is acquired by the taxpayer during the 1-year period beginning on the date of the enactment of this section, at its original issue (directly or through an underwriter) from the corporation solely in exchange for cash, ``(ii) as of the time such stock was issued, such corporation was a specified area business (or, in the case of a new corporation, such corporation was being organized for purposes of being a specified area business), and ``(iii) during substantially all of the taxpayer's holding period for such stock, such corporation qualified as a specified area business. ``(B) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. ``(3) Qualified partnership interest.--The term `qualified partnership interest' means any capital or profits interest in a domestic partnership if-- ``(A) such interest is acquired by the taxpayer during the 1-year period beginning on the date of the enactment of this section, from the partnership solely in exchange for cash, ``(B) as of the time such interest was acquired, such partnership was a specified area business (or, in the case of a new partnership, such partnership was being organized for purposes of being a specified area business), and ``(C) during substantially all of the taxpayer's holding period for such interest, such partnership qualified as a specified area business. A rule similar to the rule of paragraph (2)(B) shall apply for purposes of this paragraph. ``(4) Qualified business property.-- ``(A) In general.--The term `qualified business property' means tangible property if-- ``(i) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) during the 1-year period beginning on the date of the enactment of this section, ``(ii) the original use of such property in the specified area commences with the taxpayer, and ``(iii) during substantially all of the taxpayer's holding period for such property, substantially all of the use of such property was in a specified area business of the taxpayer. ``(B) Special rule for substantial improvements.-- The requirements of clauses (i) and (ii) of subparagraph (A) shall be treated as satisfied with respect to-- ``(i) property which is substantially improved by the taxpayer before the end of the period described in subparagraph (A)(i), and ``(ii) any land on which such property is located. The determination of whether a property is substantially improved shall be made under clause (ii) of section 1400B(b)(4)(B), except that `the date of the enactment of section 1400V' shall be substituted for `December 31, 1997' in such clause. ``(c) Qualified Capital Gain.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified capital gain' means any gain recognized on the sale or exchange of-- ``(A) a capital asset, or ``(B) property used in the trade or business (as defined in section 1231(b)). ``(2) Gain before enactment not qualified.--The term `qualified capital gain' shall not include any gain attributable to periods before the date of the enactment of this section. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (3), (4), and (5) of section 1400B(e) shall apply for purposes of this subsection. ``(d) Specified Area Business.--For purposes of this section, the term `specified area business' means any enterprise zone business (as defined in section 1397C), determined-- ``(1) without regard to subsections (b)(6) and (c)(5) thereof, ``(2) by substituting `80 percent' for `50 percent' in subsections (b)(2) and (c)(1) thereof, ``(3) by treating each specified area as an empowerment zone (and by treating no area other than a specified area as an empowerment zone). ``(e) Specified Area.--For purposes of this section, the term `specified area' means any principal city of a metropolitan statistical area (as determined by the Office of Management and Budget)-- ``(1) which had an average unemployment rate of not less than 150 percent of the national average rate for the last calendar year ending before the calendar year which includes the date of the enactment of this Act, and ``(2) which experienced a population loss of at least 20 percent during the 10-year period beginning with calendar year 2000. ``(f) Certain Rules To Apply.--For purposes of this section, rules similar to the rules of paragraphs (6) and (7) of subsection (b), and subsections (f) and (g), of section 1400B shall apply; except that for such purposes section 1400B(g)(2) shall be applied by substituting `before the date of the enactment of section 1400V' for `before January 1, 1998, or after December 31, 2014'. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the abuse of the purposes of this section.''. (b) Clerical Amendment.--The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IV. Certain New Investments in Specified Areas.''. (c) Effective Date.--The amendments made by this section shall apply to property acquired after the date of the enactment of this Act.

Urban Competitiveness Act - Amends the Internal Revenue Code to exclude from gross income any capital gain from the sale or exchange of a stock, partnership, or business property interest invested in an enterprise zone area which had an average unemployment rate of not less than 150% of the national average rate during the preceding calendar year and which experienced a population loss of at least 20% during the 10-year period beginning in 2000.

To amend the Internal Revenue Code of 1986 to provide a zero capital gains rate for certain new investments in specified areas made during a temporary period.

SECTION 1. FINDINGS. Congress finds the following: (1) The South China Sea contains vital commercial shipping lanes and points of access between the Indian Ocean and Pacific Ocean, providing a maritime lifeline to India, Singapore, Malaysia, Indonesia, the Philippines, Vietnam, Brunei, Taiwan, Japan, and the Korean peninsula. (2) China, Vietnam, the Philippines, Taiwan, Malaysia, and Brunei have disputed territorial claims over the Spratly Islands, and China, Taiwan, and Vietnam have disputed territorial claims over the Paracel Islands. (3) In 2009, the Government of the People's Republic of China submitted to the United Nations a map with the 9-dotted line (also known as the Cow Tongue line) which raised questions about whether China officially claims most of the 1,423,000 square miles of the South China Sea, more than any other nation involved in these territorial disputes. (4) In November 2012, China began to include a map of its territorial claims inside its passports, despite the protests of its neighbors, including Vietnam and the Philippines. (5) Although not a party to these disputes, the United States has a national economic and security interest in maintaining peace, stability, and prosperity in East Asia and Southeast Asia, and ensuring that no party threatens or uses force or coercion unilaterally to assert maritime territorial claims in East Asia and Southeast Asia, including in the South China Sea, the East China Sea, or the Yellow Sea. (6) The Association of Southeast Asian Nations (ASEAN) has promoted multilateral talks in disputed areas without settling the issue of sovereignty. (7) In 2002, ASEAN and China signed a Declaration on the Conduct of Parties in the South China Sea. (8) That declaration committed all parties to those territorial disputes to ``reaffirm their respect for and commitment to the freedom of navigation in and over flight above the South China Sea as provided for by the universally recognized principles of international law'', and to ``resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force''. (9) In July and November of 2010, the United States and our Republic of Korea allies conducted joint naval exercises in the Yellow Sea in international waters, as well as Republic of Korea territorial waters, in the vicinity of the site of the March 2010 North Korean attack on the South Korean military vessel Cheonan, these exercises drew objections from Beijing over foreign operations in the Yellow Sea. (10) In September 2010, tensions were raised in the East China Sea near the Senkaku (Diaoyutai) Islands, a territory under the legal administration of Japan, when a Chinese fishing vessel deliberately rammed Japanese Coast Guard patrol boats. (11) On February 25, 2011, a frigate from China's navy fired shots at 3 fishing boats from the Philippines. (12) On March 2, 2011, the Government of the Philippines reported that two patrol boats from China attempted to ram one of its surveillance ships. (13) On May 26, 2011, a maritime security vessel from China cut the cables of an exploration ship from Vietnam, the Binh Minh, in the South China Sea in waters near Cam Ranh Bay in the exclusive economic zone of Vietnam. (14) On May 31, 2011, three Chinese military vessels used guns to threaten the crews of four Vietnamese fishing boats while they were fishing in the waters of the Truong Sa (Spratly) archipelago. (15) On June 3, 2011, Vietnam's Foreign Ministry released a statement that ``Vietnam is resolutely opposed to these acts by China that seriously violated the sovereign and jurisdiction rights of Viet Nam to its continental shelf and Exclusive Economic Zone (EEZ)''. (16) On June 9, 2011, three vessels from China, including one fishing vessel and two maritime security vessels, ran into and disabled the cables of another exploration ship from Vietnam, the Viking 2, in the exclusive economic zone of Vietnam. (17) The actions of the Government of the People's Republic of China in the South China Sea have also affected United States military and maritime vessels and aircraft transiting through international air space and waters, including the collision of a Chinese fighter plane with a United States surveillance plane in 2001, the harassment of the USNS Victorious and the USNS Impeccable in March 2009, and the collision of a Chinese submarine with the sonar cable of the USS John McCain in June 2009. (18) On July 23, 2010, former Secretary of State Hillary Rodham Clinton stated at the ASEAN Regional Forum that the United States, like every nation, has a national interest in freedom of navigation, open access to Asia's maritime commons, respect for international law, and unimpeded commerce in the South China Sea. (19) On June 23, 2011, the United States stated that it was ready to provide hardware to modernize the military of the Philippines. (20) The United States and the Philippines conducted combined naval exercises in the Sulu Sea, near the South China Sea, from June 28 to July 8, 2011. (21) On July 22, 2011, an Indian naval vessel, sailing about 45 nautical miles off the coast of Vietnam, was warned by a Chinese naval vessel that it was allegedly violating Chinese territorial waters. (22) In June 2012, China's cabinet, the State Council, approved the establishment of the city of Sansha to oversee the areas claimed by China in the South China Sea. (23) In July 2012, Chinese military authorities announced that they had established a corresponding Sansha garrison in the new prefecture. (24) On June 23, 2012, the China National Offshore Oil Corporation invited bids for oil exploration in areas within 200 nautical miles of the continental shelf and within the exclusive economic zone of Vietnam. (25) Since July 2012, Chinese patrol ships have been spotted near the disputed Senkaku (Diaoyutai) Islands in the East China Sea. (26) At the July 2012 ASEAN Regional Forum, former Secretary of State Clinton said, ``We believe the nations of the region should work collaboratively and diplomatically to resolve disputes without coercion, without intimidation, without threats, and without the use of force''. (27) In November 2012, a regulation was approved by the Hainan People's Congress authorizing Chinese maritime police to ``board, search'' and even ``take over'' ships determined to be ``illegally entering'' South China Sea waters unilaterally claimed by Beijing. (28) At a meeting with the Japanese Foreign Minister on January 18, 2013, former Secretary of State Clinton stated that ``although the United States does not take a position on the ultimate sovereignty of the (Senkaku) islands, we acknowledge they are under the administration of Japan'', adding that ``We oppose any unilateral actions that would seek to undermine Japanese administration, and we urge all parties to take steps to prevent incidents and manage disagreements through peaceful means''. (29) On August 3, 2012, a Department of State spokesperson expressed concern over ``China's upgrading of the administrative level of Sansha City and the establishment of a new military garrison there'', expressed encouragement for ASEAN and China ``to make meaningful progress toward finalizing a comprehensive Code of Conduct'', and called upon claimants to ``explore every diplomatic or other peaceful avenue for resolution, including the use of arbitration or other international legal mechanisms as needed''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that, in light of the congressional finding described above, the Secretary of State should-- (1) reaffirm the strong support of the United States for the peaceful resolution of maritime territorial disputes in the South China Sea, the Taiwan Strait, the East China Sea, and the Yellow Sea and pledge continued efforts to facilitate a collaborative, peaceful process to resolve these disputes; (2) condemn the use of threats or force by naval, maritime security, and fishing vessels from China in the South China Sea and the East China Sea as well as the use of force by North Korea in the Yellow Sea that would escalate tensions or result in miscalculations; (3) note that overt threats and gun boat diplomacy are not constructive means for settling these outstanding maritime disputes; (4) welcome the diplomatic efforts of Association of Southeast Asian Nations (ASEAN) and the United States allies and partners in Japan, the Republic of Korea, Taiwan, the Philippines, and India to amiably and fairly resolve these outstanding disputes; and (5) support the continuation of operations by the United States Armed Forces in support of freedom of navigation rights in international waters and air space in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea. SEC. 3. REPORT ON THE CODE OF CONDUCT FOR THE SOUTH CHINA SEA. (a) Report.--Not later than 180 days after the date of the enactment of this Act, 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 Code of Conduct and other peaceful measures for resolution of the territorial disputes in the South China Sea. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary.

Expresses the sense of Congress that the Secretary of State should: (1) reaffirm U.S. support for the peaceful resolution of maritime territorial disputes in the South China Sea, the Taiwan Strait, the East China Sea, and the Yellow Sea; (2) condemn the use of threats or force by naval, maritime security, and fishing vessels from China in the South China Sea and the East China Sea as well as the use of force by North Korea in the Yellow Sea; (3) welcome the diplomatic efforts to resolve these disputes by the Association of Southeast Asian Nations (ASEAN) and the U.S. allies and partners in Japan, the Republic of Korea, Taiwan, the Philippines, and India; and (4) support U.S. Armed Forces operations in support of freedom of navigation rights in international waters and air space in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea. Directs the Secretary to report to Congress regarding peaceful measures to resolve the territorial disputes in the South China Sea.

To promote peaceful and collaborative resolution of the South China Sea dispute.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Consumer Protection Act of 2011''. TITLE I--APPLICATION OF THE SHERMAN ACT SEC. 101. SHORT TITLE. This title may be cited as the ``No Oil Producing and Exporting Cartels Act of 2011'' or ``NOPEC''. SEC. 102. SHERMAN ACT. The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after section 7 the following: ``Sec. 7A. (a) It shall be illegal and a violation of this Act for any foreign state, or any instrumentality or agent of any foreign state, to act collectively or in combination with any other foreign state, any instrumentality or agent of any other foreign state, or any other person, whether by cartel or any other association or form of cooperation or joint action-- ``(1) to limit the production or distribution of oil, natural gas, or any other petroleum product; ``(2) to set or maintain the price of oil, natural gas, or any petroleum product; or ``(3) to otherwise take any action in restraint of trade for oil, natural gas, or any petroleum product; when such action, combination, or collective action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of oil, natural gas, or other petroleum product in the United States. ``(b) A foreign state engaged in conduct in violation of subsection (a) shall not be immune under the doctrine of sovereign immunity from the jurisdiction or judgments of the courts of the United States in any action brought to enforce this section. ``(c) No court of the United States shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this section. ``(d) The Attorney General of the United States may bring an action to enforce this section in any district court of the United States as provided under the antitrust laws.''. SEC. 103. SOVEREIGN IMMUNITY. Section 1605(a) of title 28, United States Code, is amended-- (1) in paragraph (6) by striking ``or'' after the semicolon, (2) in paragraph (7) by striking the period and inserting ``, or'', and (3) by adding at the end the following: ``(8) in which the action is brought under section 7A of the Sherman Act.''. TITLE II--APPLICATION OF THE CLAYTON ACT SEC. 201. SHORT TITLE. This title may be cited as the ``Oil and Gas Industry Antitrust Act of 2011''. SEC. 202. PROHIBITION ON UNILATERAL WITHHOLDING. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by redesignating section 28 as section 29, and (2) by inserting after section 27 the following: ``SEC. 28. OIL AND NATURAL GAS. ``(a) In General.--Except as provided in subsection (b), it shall be unlawful for any person to refuse to sell, or to export or divert, existing supplies of petroleum, gasoline, or other fuel derived from petroleum, or natural gas with the primary intention of increasing prices or creating a shortage in a geographic market. ``(b) Considerations.--In determining whether a person who has refused to sell, or exported or diverted, existing supplies of petroleum, gasoline, or other fuel derived from petroleum or natural gas has done so with the intent of increasing prices or creating a shortage in a geographic market under subsection (a), the court shall consider whether-- ``(1) the cost of acquiring, producing, refining, processing, marketing, selling, or otherwise making such products available has increased; and ``(2) the price obtained from exporting or diverting existing supplies is greater than the price obtained where the existing supplies are located or are intended to be shipped.''. SEC. 203. REVIEW OF CLAYTON ACT. (a) In General.--The Attorney General and the Chairman of the Federal Trade Commission shall conduct a study, including a review of the report submitted under section 4, regarding whether section 7 of the Clayton Act should be amended to modify how that section applies to persons engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas. (b) Report.--Not later than 270 days after the date of enactment of this Act, the Attorney General and the Chairman of the Federal Trade Commission shall submit a report to Congress regarding the findings of the study conducted under subsection (a), including recommendations and proposed legislation, if any. SEC. 204. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE. (a) Definition.--In this section, the term ``covered consent decree'' means a consent decree-- (1) to which either the Federal Trade Commission or the Department of Justice is a party, (2) that was entered by the district court not earlier than 10 years before the date of enactment of this Act, (3) that required divestitures, and (4) that involved a person engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas. (b) Requirement for a Study.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study evaluating the effectiveness of divestitures required under covered consent decrees. (c) Requirement for a Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to Congress, the Federal Trade Commission, and the Department of Justice regarding the findings of the study conducted under subsection (b). (d) Federal Agency Consideration.--Upon receipt of the report required by subsection (c), the Attorney General or the Chairman of the Federal Trade Commission, as appropriate, shall consider whether any additional action is required to restore competition or prevent a substantial lessening of competition occurring as a result of any transaction that was the subject of the study conducted under subsection (b). SEC. 205. JOINT FEDERAL AND STATE TASK FORCE. The Attorney General and the Chairman of the Federal Trade Commission shall establish a joint Federal-State task force, which shall include the attorney general of any State that chooses to participate, to investigate information sharing (including through the use of exchange agreements and commercial information services) among persons in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas (including any person about which the Energy Information Administration collects financial and operating data as part of its Financial Reporting System). TITLE III--PREVENTION OF PRICE GOUGING SEC. 301. SHORT TITLE. This title may be cited as the ``Federal Price Gouging Prevention Act''. SEC. 302. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM DISTILLATES DURING EMERGENCIES. (a) Unconscionable Pricing.-- (1) In general.--It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of an international crisis affecting the oil markets proclaimed under paragraph (2), gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that-- (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to an international crisis to increase prices unreasonably. (2) Energy emergency proclamation.-- (A) In general.--The President may issue a proclamation of an international crisis affecting the oil markets and may designate any area within the jurisdiction of the United States, where the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration.--The proclamation-- (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered.--In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors-- (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect-- (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) Definitions.--As used in this section-- (1) the term ``wholesale'', with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered basis to retail outlets; and (2) the term ``retail'', with respect to sales of gasoline or other petroleum distillates, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. SEC. 303. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement by FTC.--A violation of section 302 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this title in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title. In enforcing section 302 of this title, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. (b) Civil Penalties.-- (1) In general.--Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates section 302 with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to-- (A) a civil penalty of not more than 3 times the amount of profits gained by such person through such violation; or (B) a civil penalty of not more than $100,000,000. (2) Method.--The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. SEC. 304. CRIMINAL PENALTIES. (a) In General.--In addition to any penalty applicable under section 303, any person who violates section 302 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000. (b) Enforcement.--The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. The Attorney General shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. SEC. 305. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 302, or to impose the civil penalties authorized by section 303(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this title or a regulation under this title, involving a retail sale. (b) Notice.--The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To Intervene.--Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this title, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this title alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. SEC. 306. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this title shall be construed to limit or affect in any way the Federal Trade Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this title preempts any State law.

Oil Consumer Protection Act of 2011 - No Oil Producing and Exporting Cartels Act of 2011 or NOPEC - Amends the Sherman Act to declare it to be illegal and a violation of the Act for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, whether by cartel or any other association or form of cooperation or joint action, to limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum), to set or maintain the price of petroleum, or to otherwise take any action in restraint of trade for petroleum, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States. Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgments of U.S. courts in any action brought to enforce this Act. States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act. Authorizes the Attorney General (DOJ) to bring an action in U.S. district court to enforce this Act. Amends the federal judicial code to make an exception to the jurisdictional immunity of a foreign state in an action brought under this Act. Oil and Gas Industry Antitrust Act of 2011 - Amends the Clayton Act to make it unlawful for any person to refuse to sell, or to export or divert, existing supplies of petroleum, gasoline, or natural gas with the primary intention of increasing prices or creating a shortage in a geographic market. Requires a study on: (1) the applicability of monopoly prohibitions of the Clayton Act to persons engaged in exploring for, producing, refining, storing, marketing, or selling petroleum, gasoline, or natural gas; and (2) the effectiveness of divestitures required under certain federal consent decrees. Requires the Attorney General and the Chairman of the Federal Trade Commission (FTC) to establish a joint federal-state task force to investigate information-sharing among persons engaged in exploring for, producing, refining, storing, marketing, or selling petroleum, gasoline, or natural gas. Federal Price Gouging Prevention Act - Makes it unlawful for any person, during a proclaimed international crisis affecting the oil market, to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; and (2) indicates the seller is taking unfair advantage of the circumstances of the crisis to increase prices unreasonably. Authorizes the President to issue such a proclamation for up to a 30-day period, and to renew it as necessary. Sets forth factors to be considered in determining if a violation of this Act has occurred. Requires the FTC to enforce a violation as an unfair or deceptive act or practice and to give priority to enforcement actions concerning companies with U.S. sales over $10 billion per year. Prescribes civil and criminal penalties for violations. Authorizes a state to bring a civil action for enforcement.

To amend the Sherman Act to make oil-producing and exporting cartels illegal; to improve competition in the oil and gas industry, to strengthen antitrust enforcement with regard to industry mergers; to protect consumers from price-gouging of gasoline and other fuels; and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Handling of Ammonium Nitrate Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) ammonium nitrate is an important fertilizer used to produce a reliable and affordable food supply for the United States and the world; (2) in the wrong hands, ammonium nitrate may be used for illegal activities; (3) the production, importation, storage, sale, and distribution of ammonium nitrate affects interstate and intrastate commerce; and (4) it is necessary to regulate the production, storage, sale, and distribution of ammonium nitrate. SEC. 3. DEFINITIONS. In this Act: (1) Ammonium nitrate.--The term ``ammonium nitrate'' means solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 percent nitrogen, of which-- (A) 50 percent is in ammonium form; and (B) 50 percent is in nitrate form. (2) Facility.-- (A) In general.--The term ``facility'' means any site where ammonium nitrate is produced, stored, or held for distribution, sale, or use. (B) Inclusions.--The term ``facility'' includes-- (i) all buildings or structures used to produce, store, or hold ammonium nitrate for distribution, sale, or use at a single site; and (ii) multiple sites described in clause (i), if the sites are-- (I) contiguous or adjacent; and (II) owned or operated by the same person. (3) Handle.--The term ``handle'' means to produce, store, sell, or distribute ammonium nitrate. (4) Handler.--The term ``handler'' means any person that produces, stores, sells, or distributes ammonium nitrate. (5) Purchaser.--The term ``purchaser'' means any person that purchases ammonium nitrate. (6) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 4. REGULATION OF HANDLING AND PURCHASE OF AMMONIUM NITRATE. (a) In General.--The Secretary may regulate the handling and purchase of ammonium nitrate to prevent the misappropriation or use of ammonium nitrate in violation of law. (b) Regulations.--The Secretary may promulgate regulations that require-- (1) handlers-- (A) to register facilities; (B) to sell or distribute ammonium nitrate only to handlers and purchasers registered under this Act; and (C) to maintain records of sale or distribution that include the name, address, telephone number, and registration number of the immediate subsequent purchaser of ammonium nitrate; and (2) purchasers to be registered. (c) Use of Previously Submitted Information.--Prior to requiring a facility or handler to submit new information for registration under this section, the Secretary shall-- (1) request from the Attorney General, and the Attorney General shall provide, any information previously submitted to the Attorney General by the facility or handler under section 843 of title 18, United States Code; and (2) at the election of the facility or handler-- (A) use the license issued under that section in lieu of requiring new information for registration under this section; and (B) consider the license to fully comply with the requirement for registration under this section. (d) Consultation.--In promulgating regulations under this section, the Secretary shall consult with the Secretary to Agriculture to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened. (e) Data Confidentiality.-- (1) In general.--Notwithstanding section 552 of title 5, United States Code, or the USA PATRIOT ACT (Public Law 107-56; 115 Stat. 272) or an amendment made by that Act, except as provided in paragraph (2), the Secretary may not disclose to any person any information obtained from any facility, handler, or purchaser-- (A) regarding any action taken, or to be taken, at the facility or by the handler or purchaser to ensure the secure handling of ammonium nitrate; or (B) that would disclose-- (i) the identity or address of any purchase of ammonium nitrate; (ii) the quantity of ammonium nitrate purchased; or (iii) the details of the purchase transaction. (2) Exceptions.--The Secretary may disclose any information described in paragraph (1)-- (A) to an officer or employee of the United States, or a person that has entered into a contract with the United States, who needs to know the information to perform the duties of the officer, employee, or person, or to a State agency pursuant to an arrangement under section 6, under appropriate arrangements to ensure the protection of the information; (B) to the public, to the extent the Secretary specifically finds that disclosure of particular information is required in the public interest; or (C) to the extent required by order of a Federal court in a proceeding in which the Secretary is a party, under such protective measures as the court may prescribe. SEC. 5. ENFORCEMENT. (a) Inspections.--The Secretary, without a warrant, may enter any place during business hours that the Secretary believes may handle ammonium nitrate to determine whether the handling is being conducted in accordance with this Act, including regulations promulgated under this Act. (b) Prevention of Sale or Distribution Order.--In any case in which the Secretary has reason to believe that ammonium nitrate has been handled other than in accordance with this Act, including regulations promulgated under this Act, the Secretary may issue a written order preventing any person that owns, controls, or has custody of the ammonium nitrate from selling or distributing the ammonium nitrate. (c) Appeal Procedures.-- (1) In general.--A person subject to an order under subsection (b) may request a hearing to contest the order, under such administrative adjudication procedures as the Secretary may establish. (2) Rescission.--If an appeal under paragraph (1) is successful, the Secretary shall rescind the order. (d) In Rem Proceedings.--The Secretary may institute in rem proceedings in the United States district court for the district in which the ammonium nitrate is located to seize and confiscate ammonium nitrate that has been handled in violation of this Act, including regulations promulgated under this Act. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Cooperative Agreements.--The Secretary may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department of agriculture or other State agency that regulates plant nutrients, to carry out this Act, including cooperating in the enforcement of this Act through the use of personnel or facilities. (b) Delegation.-- (1) In general.--The Secretary may delegate to a State the authority to assist the Secretary in the administration and enforcement of this Act, including regulations promulgated under this Act. (2) Delegation required.--On the request of a Governor of a State, the Secretary shall delegate to the State the authority to carry out section 4 or 5, on a determination by the Secretary that the State is capable of satisfactorily carrying out that section. (3) Funding.--If the Secretary enters into an agreement with a State under this subsection to delegate functions to the State, the Secretary shall provide to the State adequate funds to enable the State to carry out the functions. (4) Inapplicability.--Notwithstanding any other provision of this subsection, this subsection does not authorize a State to carry out a function under section 4 or 5 relating to a facility or handler in the State that makes the election described in section 4(c)(2). SEC. 7. CIVIL LIABILITY. (a) Unlawful Acts.--It is unlawful for any person-- (1) to fail to perform any duty required by this Act, including regulations promulgated under this Act; (2) to violate the terms of registration under this Act; (3) to fail to keep any record, make any report, or allow any inspection required by this Act; or (4) to violate any sale or distribution order issued under this Act. (b) Penalties.-- (1) In general.--A person that violates this Act (including a regulation promulgated under this Act) may only be assessed a civil penalty by the Secretary of not more than $50,000 per violation. (2) Notice and opportunity for a hearing.--No civil penalty shall be assessed under this Act unless the person charged has been given notice and opportunity for a hearing on the charge in the county, parish, or incorporated city of residence of the person charged. (c) Jurisdiction Over Actions for Civil Damages.--The district courts of the United States shall have exclusive jurisdiction over any action for civil damages against a handler for any harm or damage that is alleged to have resulted from the use of ammonium nitrate in violation of law that occurred on or after the date of enactment of this Act. SEC. 8. STATE LAW PREEMPTION. This Act preempts any State law (including a regulation) that regulates the handling of ammonium nitrate to prevent the misappropriation or use of ammonium nitrate in violation of law. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Secure Handling of Ammonium Nitrate Act of 2005 - Authorizes the Secretary of Homeland Security to regulate the handling and purchase of ammonium nitrate to prevent its misappropriation or use in violation of law. Authorizes the Secretary to promulgate regulations that require: (1) handlers to register facilities, to sell or distribute ammonium nitrate only to handlers and purchasers registered under this Act, and to maintain records of sale or distribution that include the name, address, telephone number, and registration number of the immediate subsequent purchaser of ammonium nitrate; and (2) purchasers to be registered. Makes it unlawful for any person to: (1) fail to perform any duty required by this Act, including regulations promulgated under this Act; (2) violate the terms of registration under this Act; (3) fail to keep any record, make any report, or allow any inspection required by this Act; or (4) to violate any sale or distribution order issued under this Act. Provides penalties for violations.

A bill to authorize the Secretary of Homeland Security to regulate ammonium nitrate.

SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2005''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'') for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 16 members of whom-- (A) 3 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; (B) 3 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 3 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 3 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 3 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1)-- (A) at least 1 shall have experience in submitting requests under section 552 of title 5, United States Code, to Federal agencies, such as on behalf of nonprofit research or educational organizations or news media organizations; and (B) at least 1 shall have experience in academic research in the fields of library science, information management, or public access to Government information. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; and (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.--The Comptroller General of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (j) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e).

Faster FOIA Act of 2005 - Establishes a 16-member Commission on Freedom of Information Act Processing Delays to conduct a study concerning methods to reduce delays in processing Freedom of Information Act (FOIA) requests submitted to Federal agencies.

To establish the Commission on Freedom of Information Act Processing Delays.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection and Advocacy for Veterans Act of 2016''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM TO IMPROVE MONITORING OF MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Establishment.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a grant program to improve the monitoring of mental health and substance abuse treatment programs of the Department of Veterans Affairs. (b) Grants.-- (1) Main grant.-- (A) Award.--In carrying out subsection (a), the Secretary shall award grants to four protection and advocacy systems under which each protection and advocacy system shall carry out a demonstration project to investigate and monitor the care and treatment of veterans provided under chapter 17 of title 38, United States Code, for mental illness or substance abuse issues at medical facilities of the Department. (B) Minimum amount.--Each grant awarded under subparagraph (A) to a protection and advocacy system shall be in an amount that is not less than $105,000 for each year that the protection and advocacy system carries out a demonstration project described in such subparagraph under the grant program. (2) Collaboration grant.-- (A) Award.--During each year in which a protection and advocacy system carries out a demonstration project under paragraph (1)(A), the Secretary shall award a joint grant to a national organization with extensive knowledge of the protection and advocacy system and a veterans service organization in the amount of $80,000. (B) Collaboration.--Each national organization and veterans service organization that is awarded a joint grant under subparagraph (A) shall use the amount of the grant to facilitate the collaboration between the national organization and the veterans service organization to-- (i) coordinate training and technical assistance for the protection and advocacy systems awarded grants under paragraph (1)(A); and (ii) provide for data collection, reporting, and analysis in carrying out such paragraph. (3) Authority.--In carrying out a demonstration project under paragraph (1)(A), a protection and advocacy system shall have the authorities specified in section 105(a) of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10805(a)) with respect to medical facilities of the Department. (c) Selection.--In selecting the four protection and advocacy systems to receive grants under subsection (b)(1)(A), the Secretary shall consider the following criteria: (1) Whether the protection and advocacy system has demonstrated monitoring and investigation experience, along with knowledge of the issues facing veterans with disabilities. (2) Whether the State in which the protection and advocacy system operates-- (A) has low aggregated scores in the domains of mental health, performance, and access as rated by the Strategic Analytics Improvement and Learning database system (commonly referred to as ``SAIL''); and (B) to the extent practicable, is representative of both urban and rural States. (d) Reports.--The Secretary shall ensure that each protection and advocacy system participating in the grant program submits to the Secretary reports developed by the protection and advocacy system relating to investigations or monitoring conducted pursuant to subsection (b)(1)(A). The Secretary shall designate an office of the Department of Veterans Affairs to receive each such report. (e) Duration; Termination.-- (1) Duration.--The Secretary shall carry out the grant program established under subsection (a) for a period of five years beginning on the date of commencement of the grant program. (2) Termination of demonstration projects.--The Secretary may terminate a demonstration project under subsection (b)(1)(A) before the end of the five-year period described in paragraph (1) if the Secretary determines there is good cause for such termination. If the Secretary carries out such a termination, the Secretary shall award grants under such subsection to a new protection and advocacy system for the remaining duration of the grant program. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the grant program under subsection (a) $500,000 for each of fiscal years 2017 through 2021. (g) Definitions.--In this section: (1) The term ``protection and advocacy system'' has the meaning given the term ``eligible system'' in section 102(2) of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802(2)). (2) The term ``State'' means each of the several States, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) The term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

Protection and Advocacy for Veterans Act of 2016 This bill directs the Department of Veterans Affairs (VA) to establish a five-year grant program to improve the monitoring of VA mental health and substance abuse treatment programs. The VA shall award grants to four protection and advocacy systems under which each recipient shall investigate and monitor VA facilities care and treatment of veterans with mental illness or substance abuse issues. Criteria for selecting recipients shall include whether the state in which the protection and advocacy system operates has low mental health, performance, and access scores. During each year in which a protection and advocacy system carries out a demonstration project, the VA shall award a joint grant to a national organization with extensive knowledge of the protection and advocacy system and a veterans service organization to: (1) coordinate training and technical assistance, and (2) provide for related data collection, reporting, and analysis. "Protection and advocacy system" means the state-established system to protect and advocate the rights of persons with developmental disabilities.

Protection and Advocacy for Veterans Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Level Playing Field Contracting Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``executive agency'' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (2) The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. REDUCED BUNDLING OF FEDERAL CONTRACTS. (a) Definitions.--In this section: (1) Covered consolidated civilian contract.--The term ``covered consolidated civilian contract''-- (A) means-- (i) a multiple award contract valued in excess of $2,000,000; or (ii) a contract of an executive agency for property or services valued in excess of $2,000,000 that-- (I) combines discrete procurement requirements from 2 or more existing contracts; (II) adds new, discrete procurement requirements to an existing contract; or (III) includes 2 or more discrete procurement or acquisition requirements; and (B) does not include any consolidated acquisition, procurement, or contracting plan of the Department of Defense. (2) Covered consolidated defense contract.--The term ``covered consolidated Defense contract'' means-- (A) a multiple award contract of the Department of Defense valued in excess of $7,500,000; or (B) a contract of the Department of Defense for property or services valued in excess of $7,500,000 that-- (i) combines discrete procurement requirements from 2 or more existing contracts; (ii) adds new, discrete procurement requirements to an existing contract; or (iii) includes 2 or more discrete procurement or acquisition requirements. (b) Restriction on Civilian Contract Bundling.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require that the head of an executive agency may not enter into a covered consolidated civilian contract unless the senior procurement official for the agency determines that the consolidation of such contract is necessary and justified. (2) Necessary and justified determinations.-- (A) Required criteria.--In making a determination that a contract is necessary and justified pursuant to paragraph (1), the head of an executive agency shall-- (i) identify the benefits anticipated from the consolidation; (ii) identify any alternative contracting approaches that would involve a lesser degree of contract consolidation; and (iii) justify how the consolidation substantially exceeds the benefits of any alternative contracting approaches. (B) Restrictions on basis of determination.--The head of an executive agency may not base a determination that a contract is necessary and justified solely on savings in agency administrative or personnel costs or lack of a sufficient procurement workforce. (c) Restriction on Defense Contract Bundling.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify the Department of Defense Supplement to the Federal Acquisition Regulation to require that the head of an agency may not enter into a covered consolidated Defense contract unless the senior procurement official for the agency determines that the consolidation of such contract is necessary and justified or that such consolidation is appropriate in the face of exigent circumstances and national security. (2) Necessary and justified determinations.-- (A) Required criteria.--In making a determination that a contract is necessary and justified pursuant to paragraph (1), the head of an agency shall-- (i) identify the benefits anticipated from the consolidation; (ii) identify any alternative contracting approaches that would involve a lesser degree of contract consolidation; and (iii) justify how the consolidation substantially exceeds the benefits of any alternative contracting approaches. (B) Restrictions on basis of determination.--The head of an agency may not base a determination that a contract is necessary and justified solely on savings in agency administrative or personnel costs or lack of a sufficient procurement workforce. SEC. 4. QUANTITATIVE METHODOLOGY FOR EVALUATION OF CONTRACT BIDS. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require the head of an executive agency-- (1) to use a numeric grading or other quantitative methodology to evaluate bid proposals for each contract of such agency that is awarded through full and open competitive procedures; and (2) to disclose the methodology in the bid solicitation documents for the contract. SEC. 5. ENFORCEMENT OF LOCAL WORKFORCE REQUIREMENTS. (a) GSA Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator of General Services shall submit to Congress a report describing efforts to enforce the local workforce subcontracting requirements included in contracts entered into by the General Services Administration. The report shall include an assessment of the effectiveness of enforcement efforts related to such requirements and proposals to better enforce the requirements. (2) Efforts to remedy noncompliance with requirements.--If local workforce subcontracting requirements have not been met in any contract entered into by the General Services Administration, the report required under this subsection shall include a description of efforts made by the General Services Administration to meet the requirements in such contract. (b) GAO Report.--Not later than 180 days after submission of the first report required under subsection (a), the Comptroller General of the United States shall submit to Congress a report commenting on the findings described in such report and including recommendations for further actions to ensure compliance with local workforce subcontracting requirements. SEC. 6. ACQUISITION WORKFORCE IMPROVEMENTS. (a) Evaluation and Report.--Not later than 180 days after the date of the enactment of this Act, the head of each executive agency shall submit to Congress a report evaluating the strength and sufficiency of its acquisition workforce. (b) Content.--The report required under subsection (a) shall include-- (1) a 30-year history of the size of the acquisition agency's workforce; and (2) a description of measures the agency is implementing to address any shortage of acquisition workforce personnel. (c) Public Comment.--In preparing the report required under subsection (a), the head of each executive agency shall solicit feedback regarding the agency's acquisition workforce, including through a public comment process. SEC. 7. USE OF PROCUREMENT ASSISTANCE RESOURCES. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require executive agencies to take actions to encourage prospective contractors to utilize contracting assistance resources that are offered in their communities. The Federal Acquisition Regulation, as so amended, shall include a requirement that the bid solicitation documents for a contract include language encouraging the use of such resources. SEC. 8. IMPROVING OUTREACH TO SMALL BUSINESS CONCERNS. Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following: ``(q) Small Business Outreach Program.-- ``(1) Program established.--The Administrator and the Administrator of General Services shall jointly establish an outreach program-- ``(A) to communicate with small business concerns regarding specific contracting opportunities with the Federal Government; and ``(B) to inform small business concerns about opportunities to learn about the process of contracting with the Federal Government. ``(2) Annual report to congress.--Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Administrator and the Administrator of General Services shall jointly submit to Congress a report on the program under this subsection that includes the number of small business concerns that entered into a contract with the Federal Government for the first time during the applicable year as a result of the program.''. SEC. 9. GAO REPORT ON FEDERAL CONTRACTS FOR SMALL BUSINESS CONCERNS. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study of changes in the definition of the term ``small business concern'' and the size standards established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) during the 10-year period ending on the date of the enactment of this Act. (2) Contents.--The study conducted under paragraph (1) shall, for each change in the definition of the term ``small business concern'' or the size standards established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2))-- (A) analyze the size and number of small business concerns that-- (i) did not qualify as a small business concern before the change; and (ii) entered into a contract with the Federal Government for the first time after the effective date of the change; and (B) assess whether the ability of small business concerns that qualified as a small business concern before the change to compete for contracts with the Federal Government was inhibited by the change. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report detailing the results of the study conducted under subsection (a). SEC. 10. GAO REPORT ON POTENTIAL BARRIERS TO ENTRY IN FEDERAL CONTRACTING. (a) Covered Agency.--In this section, the term ``covered agency'' means-- (1) the General Services Administration; (2) the Army Corps of Engineers; and (3) the Department of Homeland Security. (b) Study.--The Comptroller General of the United States shall conduct a study examining the degree to which covered agencies have entered into contracts since January 1, 2004, with contractors that have previous experience performing Federal contracts. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (b). (2) Content.--The report required under paragraph (1) shall include the following: (A) A description of the frequency with which covered agencies enter into contracts with contractors that have previous experience performing Federal contracts. (B) An assessment, by year, from 2004 through 2009, of whether the number of repeat contractors has increased or decreased in proportion to the number of contractors awarded Federal contracts. (3) Contracts covered.--The report required under paragraph (1) shall include information on the awarding of contracts using full and open competition procedures and the awarding of sole source contracts. SEC. 11. GAO REPORT ON AWARDING OF FEDERAL CONTRACTS. (a) Study.--The Comptroller General of the United States shall conduct a study on the size and experience of contractors awarded contracts by the General Services Administration, the Army Corps of Engineers, and the Department of Homeland Security. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). (2) Content.--The report required under paragraph (1) shall include, with respect to contracts entered into by the General Services Administration, the Army Corps of Engineers, and the Department of Homeland Security on or after January 1, 2000, the following information: (A) The number of contractors with fewer than 50 employees. (B) The number of contractors with fewer than 10 employees.

Level Playing Field Contracting Act of 2010 - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to prohibit an executive agency from entering into a covered consolidated civilian contract valued in excess of $2 million unless the agency's senior procurement official determines that the contract's consolidation is necessary and justified under specified criteria. Defines such a consolidated contract as: (1) a multiple award contract; or (2) a contract for property or services that combines discrete procurement requirements from existing contracts, adds new procurement requirements to an existing contract, or includes two or more procurement or acquisition requirements and that does not include any consolidated acquisition, procurement, or contracting plan of the Department of Defense (DOD). Requires the Secretary of Defense to modify the DOD Supplement to FAR to prohibit an agency from entering into a covered consolidated Defense contract (a similarly defined DOD contract) valued in excess of $7.5 million unless the agency's senior procurement official determines that the contract's consolidation is necessary and justified under specified criteria or is appropriate in the face of exigent circumstances and national security. Directs the Council to amend FAR to require: (1) an agency to use a numeric grading or other quantitative methodology to evaluate bid proposals for each contract that is awarded through full and open competitive procedures and to disclose the methodology in the bid solicitation documents for the contract; and (2) agencies to encourage prospective contractors to utilize contracting assistance resources that are offered in their communities. Directs: (1) the Administrator of General Services (GSA) to report, annually, on efforts to enforce the local workforce subcontracting requirements included in GSA contracts; (2) each agency to report on the strength and sufficiency of its acquisition workforce; and (3) the Comptroller General to conduct studies of the effects of changes in the definition of and size standards for a "small business concern," the degree to which GSA, the Army Corps of Engineers, and the Department of Homeland Security (DHS) have entered into contracts since January 1, 2004, with contractors that have previous experience performing federal contracts, and the size and experience of contractors awarded contracts by such entities. Amends the Small Business Act to require the Administrator of Small Business (SBA) and the GSA Administrator to jointly establish an outreach program to: (1) communicate with small businesses regarding government contracting opportunities; and (2) inform small businesses about opportunities to learn about the government contracting process.

A bill to reduce barriers to entry in Federal contracting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Browns Canyon Wilderness Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to the National Forest System land designated as wilderness by section 3(a)(1)(A); and (B) the Secretary of the Interior, with respect to the land in the Royal Gorge Resource Area of the Bureau of Land Management designated as wilderness by section 3(a)(1)(B). (2) State.--The term ``State'' means the State of Colorado. (3) Wilderness area.--The term ``wilderness area'' means the Browns Canyon Wilderness designated by section 3(a)(1). (4) Wilderness map.--The term ``wilderness map'' means the map entitled ``Browns Canyon Proposed Wilderness'' and dated May 20, 2008. SEC. 3. DESIGNATION OF BROWNS CANYON WILDERNESS, PIKE AND SAN ISABEL NATIONAL FORESTS AND ROYAL GORGE RESOURCE AREA, COLORADO. (a) Designation.-- (1) In general.--In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as ``Browns Canyon Wilderness'': (A) Certain land in the Pike and San Isabel National Forests, comprising approximately 12,104 acres, as generally depicted on the wilderness map. (B) Certain land in the Royal Gorge Resource Area, comprising approximately 7,921 acres, as generally depicted on the wilderness map. (2) Wilderness map and legal description.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall file a legal description of the wilderness area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (B) Force and effect.--The wilderness map and legal description shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct clerical and typographical errors in the wilderness map and legal description. (C) Public availability.--The wilderness map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management and the Forest Service. (b) Administration of Wilderness Area.--Subject to valid existing rights, the Secretary concerned shall manage the wilderness area in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act. (c) Grazing.--The grazing of livestock and the maintenance of facilities related to grazing in the wilderness area, if established before the date of enactment of this Act, shall be permitted to continue in accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 96-560 (16 U.S.C. 1133 note), and the guidelines set forth in appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (d) State Jurisdiction.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects the jurisdiction or responsibilities of the State with respect to wildlife and fish in the State. (e) Incorporation of Acquired Land and Interests.--Any land acquired by the United States that is immediately adjacent to the boundary of the wilderness area and that the Secretary concerned determines is suitable for inclusion within the National Wilderness Preservation System shall become part of the wilderness area. (f) Water Rights.-- (1) Findings.--Congress finds that-- (A) the land designated as wilderness by this Act is-- (i) arid in nature; (ii) generally not suitable for-- (I) the development of new water resource facilities; or (II) the expansion of existing water resource facilities; and (iii) located at or near the headwaters of streams on land with respect to which there are no or limited-- (I) actual or proposed water resource facilities located upstream; or (II) opportunities for diversion, storage, or other uses of water occurring outside the land; (B) the boundaries of the land designated as wilderness by this Act are drawn in a manner that specifically precludes any conflict with the existing or future management and use of the water of the Arkansas River in the State; and (C) because of the nature of the land designated as wilderness by this Act, it is possible to provide for proper management and protection of the wilderness and other values of the land in ways different from those used in other laws. (2) Limitation on new water resource facilities.-- (A) Definition of water resource facility.--In this paragraph, the term ``water resource facility'' means an irrigation or pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission or other ancillary facility, or any other water diversion, storage, or carriage structure. (B) Restriction on new water resource facilities.-- Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness area. (C) Effect of paragraph.--Nothing in this paragraph affects or limits the use, operation, maintenance, repair, modification, or replacement of a water resource facility that is-- (i) located within the boundaries of the wilderness area; and (ii) in existence on the date of enactment of this Act. (3) Effect on water rights.--Nothing in this Act-- (A) affects any vested absolute or decreed conditional water rights (including any water rights held by the United States) in existence on the date of enactment of this Act; (B) establishes a precedent with regard to any future wilderness designations; or (C) limits, alters, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (g) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the wilderness area is withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws relating to mineral and geothermal leasing or mineral materials. (h) Fire, Insect, and Disease Management Activities.-- (1) Control and prevention activities.--The Secretary concerned may undertake such measures in the wilderness area as are necessary for the control and prevention of fire, insects, and diseases, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the report of the Committee on Interior and Insular Affairs of the House of Representatives to accompany H.R. 1437 of the 98th Congress (H. Rept. 98-40). (2) Review.--Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall review existing policies applicable to the wilderness area to ensure that authorized approval procedures for any fire management measures allow a timely and efficient response to fire emergencies in the wilderness area. (i) Buffer Zones.-- (1) In general.--Nothing in this Act creates or implies the creation of protective perimeters or buffer zones around the wilderness area. (2) Activities outside wilderness area.--The fact that an activity in, or use of, non-wilderness areas can be seen or heard from within the wilderness area shall not preclude the activity or use as a result of this Act.

Browns Canyon Wilderness Act - Designates certain lands in the Pike and San Isabel National Forests and certain lands in the Royal Gorge Resource Area of the Bureau of Land Management in Colorado as wilderness and as a component of the National Wilderness Preservation System to be known as Browns Canyon Wilderness.

A bill to designate certain National Forest System land in the Pike and San Isabel National Forests and certain land in the Royal Gorge Resource Area of the Bureau of Land Management in the State of Colorado as wilderness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aircraft Passenger Whole-Body Imaging Limitations Act of 2009''. SEC. 2. LIMITATIONS ON USE OF WHOLE-BODY IMAGING TECHNOLOGY FOR AIRCRAFT PASSENGER SCREENING. Section 44901 of title 49, United States Code, is amended by adding at the end the following: ``(l) Limitations on Use of Whole-Body Imaging Technology for Screening Passengers.-- ``(1) In general.--The Assistant Secretary of Homeland Security (Transportation Security Administration) shall ensure that whole-body imaging technology is used for the screening of passengers under this section only in accordance with this subsection. ``(2) Prohibition on use for routine screening.--Whole-body imaging technology may not be used as the sole or primary method of screening a passenger under this section. Whole-body imaging technology may not be used to screen a passenger under this section unless another method of screening, such as metal detection, demonstrates cause for preventing such passenger from boarding an aircraft. ``(3) Provision of information.--A passenger for whom screening by whole-body imaging technology is permissible under paragraph (2) shall be provided information on the operation of such technology, on the image generated by such technology, on privacy policies relating to such technology, and on the right to request a pat-down search under paragraph (4) prior to the utilization of such technology with respect to such passenger. ``(4) Pat-down search option.--A passenger for whom screening by whole-body imaging technology is permissible under paragraph (2) shall be offered a pat-down search in lieu of such screening. ``(5) Prohibition on use of images.--An image of a passenger generated by whole-body imaging technology may not be stored, transferred, shared, or copied in any form after the boarding determination with respect to such passenger is made. ``(6) Report.--Not later than one year after the date of enactment of this section, and annually thereafter, the Assistant Secretary shall submit to Congress a report containing information on the implementation of this subsection, on the number of passengers for whom screening by whole-body imaging technology was permissible under paragraph (2) as a percentage of all screened passengers, on the number of passengers who chose a pat-down search when presented the offer under paragraph (4) as a percentage of all passengers presented such offer, on privacy protection measures taken with respect to whole-body imaging technology, on privacy violations that occurred with respect to such technology, and on the effectiveness of such technology. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Pat-down search.--The term `pat-down search' means a physical inspection of the body of an aircraft passenger conducted in accordance with the Transportation Security Administration's standard operating procedure as described in the Transportation Security Administration's official training manual. ``(B) Whole-body imaging technology.--The term `whole-body imaging technology' means a device, including a device using backscatter x-rays or millimeter waves, used to detect objects carried on individuals and that creates a visual image of the individual's full body, showing the surface of the skin and revealing objects that are on the body.''. SEC. 3. PENALTY RELATING TO VIOLATION OF PROHIBITION ON IMAGE STORING. (a) In General.--Chapter 93 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1925. Misuse of certain images relating to aircraft passenger screening ``Whoever, being an officer or employee of the United States, knowingly stores, transfers, shares, or copies an image in violation of section 44901(l)(5) of title 49, United States Code, shall be fined under this title or imprisoned not more than three years, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 93 of title 18, United States Code, is amended by adding at the end the following: ``1925. Misuse of certain images relating to aircraft passenger screening.''. SEC. 4. EFFECTIVE DATE. Sections 2 and 3 of this Act shall take effect on the date that is 30 days after the date of enactment of this Act.

Aircraft Passenger Whole-Body Imaging Limitations Act of 2009 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) (TSA) to ensure that whole-body imaging technology is used for the screening of passengers only in accordance with this Act. Prohibits the use of whole-body imaging technology as the sole or primary method of screening aircraft passengers. Allows its use only if another method of screening, such as metal detection, demonstrates cause for preventing a passenger from boarding an aircraft. Requires that passengers: (1) be provided information on the operation of such technology and specified related matters, including privacy policies and the right to request a pat-down search; and (2) be offered such a pat-down search in lieu of such screening. Prohibits the storage, transfer, sharing, or copying in any form of an image of a passenger generated by whole-body imaging technology after a boarding determination is made. Imposes criminal penalties upon any U.S. officer or employee who knowingly stores, transfers, shares, or copies whole-body screening images.

To amend title 49, United States Code, to establish limitations on the use of whole-body imaging technology for aircraft passenger screening, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Build the Fence Now Act of 2011''. SEC. 2. TWO-LAYERED REINFORCED FENCING ALONG THE ENTIRE UNITED STATES- MEXICO BORDER. (a) In General.--Subparagraph (A) of section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended to read as follows: ``(A) Two-layered reinforced fencing.-- ``(i) In general.--In carrying out subsection (a) and in accordance with clause (ii) of this subparagraph, the Secretary of Homeland Security shall-- ``(I) construct two layers of reinforced fencing along the entire international land border between the United States and Mexico; and ``(II) provide for the installation of additional physical barriers, roads, lighting, cameras, radars, and sensors along the entire length of the international border between the United States and Mexico and the United States and Canada to gain operational control of such border. ``(ii) Clarification.--In carrying out subsection (a), the Secretary of Homeland Security shall construct a second layer of reinforced fencing in any area along the international land border between the United States and Mexico that, as of the date of the enactment of this subparagraph, has only one layer of fencing. ``(iii) Construction deadline.--The Secretary shall ensure the completion of the construction of such two-layered reinforced fencing and the installation of such additional physical barriers, roads, lighting, cameras, radars, and sensors by not later than the date that is-- ``(I) two years after the date of the enactment of this subparagraph with respect to the international land border between the United States and Mexico; and ``(II) five years after the date of the enactment of this subparagraph with respect to the international land border between the United States and Canada.''. (b) Repeal of Consultation Requirement.--Subparagraph (C) of section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is repealed. (c) Limitation on Requirements.--Subparagraph (D) of section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended to read as follows: ``(C) Limitation on requirements.-- ``(i) Determination and report.--If the Secretary of Homeland Security determines that the installation of the two-layered reinforced fencing required under subparagraph (A)(i)(I) in a particular location along the international border of the United States and Mexico is topographically impractical, the Secretary shall submit to Congress a report on the specific alternative measures the Secretary determines necessary to achieve and maintain operational control over the international border at such location. ``(ii) Follow-up action.--The installation of the two-layered reinforced fencing required under subparagraph (A)(i)(I) shall not apply with respect to any location specified in the report required under clause (i) of this subparagraph if a subsequent Act of Congress exempts any such location from such fencing requirement and authorizes the specific alternative measures referred to in such report.''. (d) Clerical Amendment.--Section 102(b)(1) of the Illegal Immigration and Immigrant Responsibility Act of 1996 is amended, in the paragraph heading, by striking ``along southwest border''. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the amendment made by subsection (a). SEC. 3. TUNNEL TASK FORCE. Subject to the availability of appropriations for such purpose, the fiscal year 2012 budget of the Tunnel Task Force, a joint force comprised of Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP), and Drug Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are utilized by drug lords and ``coyotes'' to smuggle narcotics, illegal aliens, and weapons, shall be increased by 100 percent above the fiscal year 2007 budget. Such increase shall be used to increase personnel, improve communication and coordination between participant agencies, upgrade technology, and offer cash rewards and appropriate security to individuals who provide the Tunnel Task Force with accurate information on existing tunnels that breach the international borders of the United States. SEC. 4. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS. (a) Authorization.--The Secretary of Homeland Security shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles and related equipment, to enhance the security of the international borders between the United States and Mexico and the United States and Canada by conducting continuous monitoring and border surveillance of the entirety of such borders, including equipment such as-- (1) additional sensors; (2) satellite command and control; and (3) other necessary equipment for operational support. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).

Build the Fence Now Act of 2011 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Secretary of Homeland Security (DHS) to: (1) construct two layers of reinforced fencing along the entire international land border between the United States and Mexico; (2) provide for the installation of additional physical barriers, roads, lighting, cameras, radars, and sensors along the entire length of the international border between the United States and Mexico and the United States and Canada; and (3) complete such work within two years along the U.S.-Mexico border and within five years along the U.S.-Canada border. Increases the FY2012 budget of the Tunnel Task Force (a joint Immigration and Customs Enforcement [ICE], Customs and Border Patrol [CBP], and Drug Enforcement Administration [DEA] force tasked to pinpoint smuggling tunnels) by 100% above the FY2007 budget. Directs the Secretary to implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international borders between the United States and Mexico and the United States and Canada.

To provide for certain enhanced border security measures, and for other purposes.

SECTION 1. EARNED INCOME CREDIT FOR INDIVIDUALS WITH CHILDREN. (a) Credit Determined Without Regard to Number of Children.-- Subsections (b) (1) and (2) of section 32 of the Internal Revenue Code of 1986 are amended to read as follows: ``(1) Percentages.--The credit percentage and the phaseout percentage shall be determined as follows: ------------------------------------------------------------------------ The credit The phaseout ``In the case of: percentage is: percentage is: ------------------------------------------------------------------------ An individual not filing a joint return................. 15 11 Married individuals filing joint return................. 18.5 10 ------------------------------------------------------------------------ ``(2) Amounts.--The earned income amount and the phaseout amount shall be determined as follows: ------------------------------------------------------------------------ The earned income The phaseout ``In the case of: amount is: amount is: ------------------------------------------------------------------------ An individual not filing a joint return................. $11,000 $11,600 Married individuals filing joint return................. $9,000 $12,000.'' ------------------------------------------------------------------------ (b) Definition of Eligible Individual.--Subsection (c)(1)(A) of section 32 of such Code (defining eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means any individual who has a qualifying child for the taxable year.'' (c) Modification of Adjusted Gross Income Definition.-- (1) In general.--Subsections (a)(2), (c)(1)(C), and (f)(2)(B) of section 32 of such Code are each amended by striking ``adjusted gross income'' and inserting ``modified adjusted gross income''. (2) Modified adjusted gross income defined.--Subsection (c) of section 32 of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(5) Modified adjusted gross income.-- ``(A) In general.--The term `modified adjusted gross income' means adjusted gross income-- ``(i) increased by the sum of the amounts described in subparagraph (B), and ``(ii) determined without regard to-- ``(I) the amounts described in subparagraph (C), or ``(II) the deduction allowed under section 172. ``(B) Nontaxable income taken into account.-- Amounts described in this subparagraph are-- ``(i) Social Security benefits (as defined in section 86(d)) received by the taxpayer during the taxable year to the extent not included in gross income, ``(ii) amounts which-- ``(I) are received during the taxable year by (or on behalf of) a spouse pursuant to a divorce or separation instrument (as defined in section 71(b)(2)), and ``(II) under the terms of the instrument are fixed as payable for the support of the children of the payor spouse (as determined under section 71(c)), but only to the extent such amounts exceed $6,000, ``(iii) interest received or accrued during the taxable year which is exempt from tax imposed by this chapter, and ``(iv) amounts received as a pension or annuity, and any distributions or payments received from an individual retirement plan, by the taxpayer during the taxable year to the extent not included in gross income. Clause (iv) shall not include any amount which is not includible in gross income by reason of section 402(c), 403(a)(4), 403(b)(8), 408(d) (3), (4), or (5), or 457(e)(10). ``(C) Certain amounts disregarded.--An amount is described in this subparagraph if it is-- ``(i) the amount of losses from sales or exchanges of capital assets in excess of gains from such sales or exchanges to the extent such amount does not exceed the amount under section 1211(b)(1), ``(ii) the net loss from the carrying on of trades or businesses, computed separately with respect to-- ``(I) trades or businesses (other than farming) conducted as sole proprietorships, ``(II) trades or businesses of farming conducted as sole proprietorships, and ``(III) other trades or business, ``(iii) the net loss from estates and trusts, and ``(iv) the excess (if any) of amounts described in subsection (i)(2)(C)(ii) over the amounts described in subsection (i)(2)(C)(i) (relating to nonbusiness rents and royalties). For purposes of clause (ii), there shall not be taken into account items which are attributable to a trade or business which consists of the performance of services by the taxpayer as an employee.'' (d) Inflation Adjustments.-- (1) Adjustment of phaseout amounts.--Paragraph (1) of subsection (i) of section 32 of such Code (relating to inflation adjustments) is amended to read as follows: ``(1) Phaseout amounts.--In the case of any taxable year beginning after 1997-- ``(A) Individual not filing joint return.--Each dollar amount contained in subsection (b)(2) relating to the phaseout amount for an individual not filing a joint return shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) less 2 percentage points (but not less than zero), for the calendar year in which the taxable year begins, by substituting `calendar year 1997' for `calendar year 1992'. ``(B) Joint returns.--Each dollar amount contained in subsection (b)(2) relating to the phaseout amount for married individuals filing a joint return shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) plus 1 percentage point, for the calendar year in which the taxable year begins, by substituting `calendar year 1996' for `calendar year 1992'.'' (2) Adjustment of credit percentages.--Subsection (i) of section 32 of such Code (relating to inflation adjustments) is amended by adding at the end the following: ``(3) Credit percentages.--In the case of any taxable year beginning after 1997-- ``(A) Individual not filing joint return.--The credit percentage contained in subsection (b)(1) for an individual not filing a joint return shall be increased by an amount equal to-- ``(i) such credit percentage, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) less 2 percentage points (but not less than zero), for the calendar year in which the taxable year begins, by substituting `calendar year 1997' for `calendar year 1992'. ``(B) Joint returns.--The credit percentage contained in subsection (b)(1) for married individuals filing a joint return shall be increased by an amount equal to-- ``(i) such credit percentage, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) plus 1 percentage point, for the calendar year in which the taxable year begins, by substituting `calendar year 1996' for `calendar year 1992'. ``(C) Rounding rule.--The percentages determined under subparagraphs (A) and (B) shall be rounded to the nearest 1/100th of 1 percent.'' SEC. 2. ELIMINATION OF PERSONAL EXEMPTION FOR DEPENDENTS UNDER 18. (a) In General.--Subsection (c) of section 151 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(6) Disallowance for dependent under 18.-- ``(A) In general.--An exemption shall be allowed under this section for a dependent only if the dependent has attained the age of 18 as of the close of the calendar year in which the taxable year of the taxpayer begins. ``(B) Coordination with other provisions.--Except as provided in this section, whenever in this title a provision refers to dependents with respect to whom a deduction is provided under this section, such provision shall be applied without regard to subparagraph (A).'' (b) Conforming Amendment.--Clause (i) of section 151(c)(1)(B) of such Code is amended by striking ``has not attained'' and inserting ``has attained the age of 18 but not''. SEC. 3. CREDIT FOR CHILDREN UNDER 18. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 35 the following new section: ``SEC. 35A. CHILDREN UNDER 18. ``(a) Allowance of Credit.-- ``(1) General rule.--There shall be allowed to a taxpayer as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of the child credit amounts for each qualifying child. ``(2) Child credit amount.--The child credit amount for a qualifying child is the amount equal to the credit percentage of so much of the taxpayer's earned income as does not exceed the earned income amount with respect to such child. ``(3) Limitation.--The child credit amount allowable to a taxpayer under paragraph (1) for a qualifying child for any taxable year shall not exceed the excess (if any) of-- ``(A) the credit percentage of the earned income amount with respect to such qualifying child, over ``(B) the sum of the initial phasedown amount and the final phasedown amount. ``(b) Percentages and Amounts.--For the purposes of subsection (a)-- ``(1) Credit percentage and earned income amount.--The credit percentage and the earned income amount shall be determined as follows: ------------------------------------------------------------------------ The credit Earned income ``In the case of: percentage is: amount: ------------------------------------------------------------------------ 1st and 2nd qualifying child.. 12.5 $8,000 3rd qualifying child.......... 4 $25,000 4th and each additional qualifying child............. 3.33 $30,000 ------------------------------------------------------------------------ ``(2) Initial phasedown amount.--The initial phasedown amount is the lesser of-- ``(A) 5 percent of so much of the modified adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $75,000 for an individual not filing a joint return ($110,000 for joint filers), and ``(B) $210. ``(3) Final phasedown amount.-- ``(A) In general.--The final phasedown amount is the amount which is 2 percentage points for each $2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds the threshold amount for the taxable year. In the case of a married individual filing a separate return, the preceding sentence shall be applied by substituting `$1,250' for `$2,500'. In no event shall the applicable percentage exceed 100 percent. ``(B) Threshold amount.--For purposes of subparagraph (A), the term `threshold amount' means the amount determined under section 151(d)(3)(C). ``(c) Definitions.--For the purposes of this section-- ``(1) Earned income.--The term `earned income' has the meaning given such term by section 32(c)(2). ``(2) Qualifying child.--The term `qualifying child' has the meaning given such term by section 32(c)(3), except that such term only includes an individual who has not attained the age of 18 at the close of the calendar year in which the taxable year of the taxpayer begins.'' (b) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 35 the following new item: ``Sec. 35A. Dependents under 18.'' (c) Conforming Amendment.--Section 6109(e) of such Code (relating to identifying numbers) is amended by inserting ``, or a credit under section 35A for a dependent under 18 years of age,'' after ``exemption under section 151 for any dependent''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to taxable years beginning after December 31, 1996.

Amends the Internal Revenue Code to replace the existing earned income credit and personal exemption for children with a refundable family credit and a refundable credit for each child under 18 years old.

To amend the Internal Revenue Code of 1986 to replace the current earned income credit and the personal exemption for children with a refundable credit for families and a refundable credit for each child, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lebanese Adjustment Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF LEBANON. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment not later than the date that is 18 months after the date of the enactment of this Act; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who-- (A) was granted temporary protected status in the United States by the Attorney General pursuant to the designation of Lebanon under section 244A(b) of the Immigration and Nationality Act (as in effect on the date of the designation) on March 21, 1991, or any extension of the designation; (B) prior to December 9, 1993, was permitted by the Attorney General voluntarily to depart the United States, in lieu of being subject to deportation proceedings or prior to the completion of such proceedings; and (C) has been physically present in the United States for a continuous period, beginning not later than March 28, 1993, and ending not earlier than the date the application for adjustment under such subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1)(C) commenced not later than March 28, 1993, an alien-- (A) shall demonstrate that the alien, prior to March 28, 1993-- (i) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (ii) applied for any benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States prior to March 28, 1993; or (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for a continuous period, beginning not later than March 28, 1993, and ending not earlier than the date the application for adjustment under this subsection is filed; (B) applies for such adjustment not later than the date that is 18 months after the date of the enactment of this Act and is physically present in the United States on the date the application is filed; and (C) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A), an alien-- (A) shall demonstrate that such period commenced not later than March 28, 1993, in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Lebanese Adjustment Act - Provides for the adjustment of status to permanent resident for certain Lebanese nationals (and their spouses and children) granted temporary protected status in the United States.

Lebanese Adjustment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Presidential Selection Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Caucus.--The term ``caucus'' means any convention, meeting, or series of meetings held for the selection of delegates to a national Presidential nominating convention of a political party. (2) Election year.--The term ``election year'' means a year during which a Presidential election is to be held. (3) National committee.--The term ``national committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Federal Election Commission. (4) Political party.--The term ``political party'' means an association, committee, or organization which-- (A) nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization; and (B) won electoral votes in the preceding Presidential election. (5) Primary.--The term ``primary'' means a primary election held for the selection of delegates to a national Presidential nominating convention of a political party, but does not include a caucus, convention, or other indirect means of selection. (6) State committee.--The term ``State committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Federal Election Commission. SEC. 3. SCHEDULE. (a) Schedule.-- (1) First election cycle.--Subject to paragraph (3), in 2004, each State shall hold a primary in accordance with this Act, according to the following schedule: (A) Region i.--Each State in Region I shall hold a primary on the first Tuesday in March. (B) Region ii.--Each State in Region II shall hold a primary on the first Tuesday in April. (C) Region iii.--Each State in Region III shall hold a primary on the first Tuesday in May. (D) Region iv.--Each State in Region IV shall hold a primary on the first Tuesday in June. (2) Subsequent election cycles.-- (A) General rule.--Subject to paragraph (3), except as provided in subparagraph (B), in each subsequent election year after 2004, each State in each region shall hold a primary on the first Tuesday of the month following the month in which the State held a primary in the preceding election year. (B) Limitation.--If the States in a region were required to hold primaries on the first Tuesday in June of the preceding election year, such States shall hold primaries on the first Tuesday in March of the succeeding election year. (3) Exception.--If all but one of the seriously considered candidates withdraw from a primary in a State before the date on which the primary for such State is scheduled, the State may cancel the primary in the State. (b) Regions.--For purposes of subsection (a): (1) Region i.--Region I shall be comprised of the following: (A) Connecticut. (B) Delaware. (C) District of Columbia. (D) Maine. (E) Maryland. (F) Massachusetts. (G) New Hampshire. (H) New Jersey. (I) New York. (J) Pennsylvania. (K) Rhode Island. (L) Vermont. (M) West Virginia. (2) Region ii.--Region II shall be comprised of the following: (A) Alabama. (B) Arkansas. (C) Florida. (D) Georgia. (E) Kentucky. (F) Louisiana. (G) Mississippi. (H) North Carolina. (I) Oklahoma. (J) South Carolina. (K) Tennessee. (L) Texas. (M) Virginia. (3) Region iii.--Region III shall be comprised of the following: (A) Illinois. (B) Indiana. (C) Iowa. (D) Kansas. (E) Michigan. (F) Minnesota. (G) Missouri. (H) Nebraska. (I) North Dakota. (J) Ohio. (K) South Dakota. (L) Wisconsin. (4) Region iv.--Region IV shall be comprised of the following: (A) Alaska. (B) Arizona. (C) California. (D) Colorado. (E) Hawaii. (F) Idaho. (G) Montana. (H) Nevada. (I) New Mexico. (J) Oregon. (K) Utah. (L) Washington. (M) Wyoming. (5) Territories.--The national committees shall jointly determine the region of each territory of the United States. SEC. 4. QUALIFICATION FOR BALLOT. (a) Certification by Federal Election Commission.--The Federal Election Commission shall certify to the States in the relevant region the names of all seriously considered candidates of each political party-- (1) for the first primary in the election year, not later than 6 weeks before such primary; and (2) in the subsequent primaries in the election year, not later than one week after the preceding primary in such election year. (b) State Primary Ballots.--Each State shall include on the State's primary ballot-- (1) the names certified by the Federal Election Commission; and (2) any other names determined by the appropriate State committee. SEC. 5. VOTING AT NATIONAL PARTY CONVENTIONS BY STATE DELEGATES. (a) In General.--Each State committee shall establish a procedure for the apportionment of delegates to the national Presidential nominating convention of each political party based on one of the following models: (1) Winner-take-all.--A binding, winner-take-all system in which the results of the primary bind each member of the State delegation or Congressional district delegation (or combination thereof) to the national convention to cast a vote for the primary winner in the State. (2) Proportionate preference.--A binding proportionate representation system in which the results of the State primary are used to allocate members of the State delegation or Congressional district delegation (or combination thereof) to the national convention to Presidential candidates based on the proportion of the vote for some or all of the candidates received in the primary in the State. (b) Selection of Delegates.-- (1) Submission of names.--Not later than the date on which a candidate is certified on the ballot for a State, such candidate shall submit to the State committee, in priority order, a list of names of individuals proposed by the candidate to serve as delegates for such candidate. (2) Selection.--Delegates apportioned to represent a candidate pursuant to the procedure established under subsection (a) shall be selected according to the list submitted by the candidate pursuant to paragraph (1). (c) Voting at the National Conventions.--Each delegate to a national convention who is required to vote for the winner of the State primary under the system established under subsection (a) shall so vote for at least 2 ballots at the national convention, unless released by the winner of the State primary to which such delegate's vote is pledged. SEC. 6. OPTIONAL STATE CAUCUS TO SELECT DELEGATES. (a) Election.--Instead of, or in addition to, holding the primary required under section 3, a State may elect to select delegates to a national Presidential nominating convention of a political party in accordance with this section, through a caucus held by any political party which has the authority to nominate a candidate. (b) Schedule.--A State that makes an election under subsection (a) shall ensure that the caucus does not commence earlier than the date such State otherwise would be required to hold a primary under section 3. (c) Qualification for Ballot.--A State committee of a political party that holds a caucus shall certify and include candidates in the same manner provided under section 4. (d) Voting at National Party Conventions by State Delegates.--Each State committee shall establish a procedure for the apportionment of delegates to the national Presidential nominating convention of each political party and the method of selecting such delegates. SEC. 7. EFFECTIVE DATE. This Act shall apply with respect to any primary or caucus held in connection with a general election held in the year 2004 and in each election year thereafter.

Requires: (1) the Federal Election Commission (FEC) to certify to the States in the relevant region the names of all seriously considered candidates of each political party; and (2) each State to include on its primary ballot the names certified by the FEC and any other names determined by the appropriate State committee. Directs each State committee to establish a procedure for the apportionment of delegates to the national conventions of each political party based on either the winner-take-all or the proportionate preference method. Prescribes delegate selection and voting at the national conventions.

Regional Presidential Selection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Energy Relief Act''. SEC. 2. TERMINATION OF LAWS PROHIBITING EXPENDITURES FOR NATURAL GAS LEASING AND PRELEASING ACTIVITIES REGARDING AREAS OF THE OUTER CONTINENTAL SHELF. All provisions of existing Federal law prohibiting the spending of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect. SEC. 3. REVOCATION OF EXISTING PRESIDENTIAL WITHDRAWALS WITH RESPECT TO NATURAL GAS. All existing withdrawals by the President under the authority of section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, natural gas. SEC. 4. OUTER CONTINENTAL SHELF LEASING PROGRAM. Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1344(a)) is amended by inserting after the second sentence the following: ``The Secretary shall, in each 5-year program, include lease sales that when viewed as a whole propose to offer for gas leasing at least 75 percent of the available unleased acreage within each OCS Planning Area, as such OCS Planning Areas are established as of the date of enactment of this Act.''. SEC. 5. SHARING OF REVENUES. Effective October 1, 2006, bonus bid and royalty revenues received from existing and future Federal gas leases on lands that are located within the State seaward boundaries established under section 4 of the Submerged Lands Act (43 U.S.C. 1312) shall be handled as follows: (1) The Secretary shall share 50 percent of all such bids and royalties derived from any leased tract that lies wholly within the expanded seaward boundary of any coastal State or, in the case where a leased tract lies partially within the seaward boundary, a percentage of bonus bids and royalties derived from such tract equal to the percentage of surface acreage of the tract that lies within such seaward boundary with the coastal state. (2) The remaining 50 percent of such bonus bids and royalties shall be transmitted simultaneously to the miscellaneous receipts account of the Treasury of the United States. SEC. 6. NATURAL GAS-ONLY LEASING. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following subsection: ``(p) Natural Gas-Only Leasing.-- ``(1) In general.--The Secretary may issue leases under this section that authorize development and production only of natural gas and associated condensate in accordance with regulations promulgated under paragraph (2). ``(2) Regulations.--Before issuing any lease under paragraph (1), the Secretary must promulgate regulations that-- ``(A) define what constitutes natural gas, condensate, and oil; ``(B) establish the lessee's rights and obligations regarding condensate produced in association with natural gas; ``(C) prescribe procedures and requirements that the lessee of a lease issued under this subsection must follow if the lessee discovers oil deposits in the course of exploration or development; and ``(D) establish such other requirements for natural gas-only leases as the Secretary considers appropriate. ``(3) Application of other laws.--All provisions of this Act or any other Federal law or regulations that apply to oil and natural gas leases for the outer Continental Shelf shall apply to natural gas-only leases authorized under this subsection. ``(4) Existing leases.--At the request of the lessee of an oil and gas lease in effect under this section on the date of enactment of this subsection, and under the requirements prescribed in regulations promulgated under paragraph (2), the Secretary may restrict development under such a lease to natural gas and associated condensate only. ``(5) Oil and gas leasing programs.-- ``(A) Program for 2002-2007.--The Secretary may issue a natural gas-only lease in accordance with this subsection before June 30, 2007, without amending the outer Continental shelf leasing program that applies for the period beginning on the date of the enactment of this subsection and ending June 30, 2007, if the Secretary provides public notice and an opportunity to comment on the proposed notice of sale. ``(B) Program for 2007-2012.--The Secretary may include provisions regarding issuance of natural gas- only leases in the outer Continental shelf leasing program that applies for the 5-year period beginning in 2007, notwithstanding any draft proposal for such program issued before the date of the enactment of this subsection.''.

Outer Continental Shelf Energy Relief Act - Declares that all provisions of existing federal law prohibiting the spending of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf have no force or effect. Revokes all existing withdrawals made by the President under the authority of the Outer Continental Shelf Lands Act (OCSLA). States such withdrawals are no longer in effect with respect to natural gas leasing, exploration, development or production. Amends the OCSLA leasing program to instruct the Secretary, in each five-year program, to include lease sales that when viewed as a whole propose to offer for gas leasing at least 75% of the available unleased acreage within each OCS Planning Area. Prescribes guidelines for sharing with certain coastal states bonus bid and royalty revenues received from existing and future federal gas leases on lands located within state seaward boundaries. Authorizes the Secretary to issue leases for development and production only of natural gas and associated condensate (natural gas-only leasing).

To terminate the effect of all provisions of existing Federal law prohibiting the spending of appropriated funds to conduct natural gas leasing and preleasing activities, to revoke Presidential withdrawals from disposition of areas of the Outer Continental Shelf with respect to natural gas, and for other purposes.

That this Act may be cited as the ``Federal Employees' Benefits Equity Act of 1999.'' civil service retirement system Sec. 2. (a) Section 8339 of title 5, United States Code, is amended-- (1) in subsection (d)(1)-- (A) by striking ``(d)(1)'' and inserting ``(d)(1)(A)''; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by adding at the end the following new subparagraph: ``(B) If, at any age and after completing 20 years of service as a law enforcement officer, firefighter, or nuclear materials courier, or any combination of such service totaling at least 20 years, an employee retires under section 8336(d)(1) or 8337, the annuity of such employee shall be computed under subparagraph (A).''; (2) in subsection (e)-- (A) by striking ``(e)'' and inserting ``(e)(1)''; and (B) by adding at the end the following new paragraph: ``(2) If, at any age and after completing 20 years of service as an air traffic controller, an employee retires under section 8336(d)(1) or 8337, paragraph (1) shall be applied in computing the annuity of such employee.''; and (3) in subsection (q)-- (A) by striking ``(q)'' and inserting ``(q)(1)''; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (C) by adding at the end the following new paragraph: ``(2) If, at any age and after completing 20 years of service as a member of the Capitol Police or as a law enforcement officer (or any combination of such service totaling at least 20 years), a member or former member of the Capitol Police retires under section 8336(d)(1) or 8337, the annuity of such member or former member shall be computed under paragraph (1).''. (b) Section 8341(d) of title 5, United States Code, is amended-- (1) by inserting the following immediately after the first sentence: ``For purposes of the preceding sentence, subsections (b)-(e) and (q) of section 8339 may be considered as applying with respect to the employee or Member only if the employee or Member satisfied the age and service requirements for application of such subsections to the employee or Member at the date of death. For this purpose, the decedent shall be deemed to have been disabled for purposes of retirement under section 8337 at the time of death.''; and (2) by striking ``Notwithstanding the preceding sentence'' and inserting ``Notwithstanding the first sentence of this subsection''. (c) Section 8342 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(k) When an employee-- ``(1) has service as a law enforcement officer, firefighter, nuclear materials courier, or member of the Capitol Police for which retirement deductions were withheld under section 8334(a) or deposited under section 8334(c) at a higher percentage rate than that applicable to employees generally; and ``(2)(A) begins to receive an annuity which is not computed under section 8339(d) or (q) and, in the case of a member of the Capitol Police, also does not have his or her service as a member of the Capitol Police credited in the computation of an annuity under section 8339(b) or (c); or ``(B) dies before retiring under this subchapter but who leaves a survivor entitled to an annuity under section 8341 based on the deceased employee's service, provided that-- ``(i) such survivor annuity is not based on an employee annuity computed under section 8339(d) or (q); and ``(ii) where the decedent was a member or former member of the Capitol Police, such survivor annuity is not based on an annuity computed under section 8339(b) or (c) which includes credit for service as a member of the Capitol Police-- the difference between the employee deductions for such service at the higher percentage rate and the employee deductions that would have been withheld at the rate applicable to employees generally under section 8334(a)(1), together with interest computed in accordance with paragraphs (2) and (3) of section 8334(e) and applicable regulations prescribed by the Office, shall be paid to the annuitant or, in the case of a deceased employee, to the individual entitled to a lump-sum benefit under subsection (c).''. federal employees' retirement system Sec. 3. (a) Section 8415(d) of title 5, United States Code, is amended to read as follows-- ``(d)(1) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 is-- ``(A) 1\7/10\ percent of that individual's average pay multiplied by so much of such individual's total service as a law enforcement officer, firefighter, member of the Capitol Police, nuclear materials courier, or air traffic controller as does not exceed 20 years; plus ``(B) 1 percent of that individual's average pay multiplied by the remainder of such individual's total service. ``(2) If, at any age and after completing 20 years of service as a law enforcement officer, firefighter, member of the Capitol Police, or nuclear materials courier, or any combination of such service totaling at least 20 years, an employee retires under section 8414(b)(1)(A) or 8451, the annuity of such employee shall be computed under paragraph (1). ``(3) If, at any age and after completing 20 years of service as an air traffic controller, an employee retires under section 8414(b)(1)(A) or 8451, the annuity of such employee shall be computed under paragraph (1).''. (b) Section 8424 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(i) When an employee-- ``(1) has service as a law enforcement officer, firefighter, member of the Capitol Police, air traffic controller, or nuclear materials courier for which retirement deductions were withheld under section 8422(a) at a higher percentage rate than that applicable to employees generally; and ``(2)(A) begins to receive an annuity which is not computed under section 8415(d) and, in the case of a member of the Capitol Police, also does not have his or her service as a member of the Capitol Police credited in the computation of an annuity under section 8415(b) or (c); or ``(B) dies before having retired under this chapter but who leaves a survivor entitled to an annuity under subchapter IV based on the deceased employee's service provided that-- ``(i) such survivor annuity is not based on an employee annuity computed under section 8415(d); and ``(ii) where the decedent was a member or former member of the Capitol Police, such survivor annuity is not based on an annuity computed under section 8415 (b) or (c) which includes service as a member of the Capitol Police-- the difference between the employee deductions for such service at the higher percentage rate and the employee deductions that would have been withheld at the rate applicable to employees generally under section 8422(a)(2), together with interest computed in accordance with paragraphs (2) and (3) of section 8334(e) and applicable regulations prescribed by the Office, shall be paid to the annuitant or, in the case of a deceased employee, to the individual entitled to a lump-sum benefit under subsection (d).''. (c) Section 8442 of title 5, United States Code, is amended-- (1) in subsection (b)(1) by adding at the end the following: ``For purposes of the preceding sentence, section 8415(b)-(d) and (g) may be considered as applying with respect to the employee or Member only if the employee or Member satisfied the age and service requirements for application of such subsections to the employee or Member at the date of death. For this purpose, the decedent shall be deemed to have been disabled for purposes of retirement under section 8451 at the time of death.''; and (2) in subsection (c)(2)(A)(i) by striking ``section 8415'' and inserting ``section 8415, but without regard to subsection (d) of such section,''. effective dates Sec. 4. (a)(1) Except as provided in paragraph (2), the amendments made by sections 2(a) and 3(a) shall take effect on the date of enactment of this Act and shall apply only with respect to individuals who separate from the service on or after such date of enactment. (2) Notwithstanding paragraph (1), a survivor annuity based on the service of a law enforcement officer who died as an employee after October 19, 1969, or a firefighter who died as an employee after August 13, 1972, shall be computed as if the amendments made by section 2(a)(1) had been in effect as of the commencing date of such survivor annuity. However, any such survivor annuity commencing before the date of enactment of this Act shall be adjusted, retroactive to the commencing date of annuity, only upon application by the survivor annuitant. (b) The amendments made by section 2(b) shall take effect on the date of enactment of this Act, and also, in the case of an individual whose death occurred prior to such date of enactment, shall apply effective at the commencing date of the annuity to any annuity payable under section 8341(d) of title 5, United States Code, or similar predecessor provisions of law applicable to survivor annuities based on the service of employees or Members who died before retiring. (c) The amendments made by sections 2(c) and 3(b) shall take effect on the date of enactment of this Act and shall apply only with respect to individuals who separate from the service or die in service on or after such date of enactment. (d) The amendments made by section (3)(c) shall take effect on January 1, 1987.

Federal Employees' Benefits Equity Act of 1999 - Amends Federal retirement provisions to revise the computation of annuities for certain law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Capitol Police, and their survivors. Sets forth effective dates.

Federal Employees' Benefits Equity Act of 1999

SECTION 1. OPPORTUNITY FOR PERSONS WHO ENLISTED BETWEEN JANUARY 1, 1977, AND JUNE 30, 1985, TO ENROLL IN ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding after section 3018B the following new section: ``Sec. 3018C. Opportunity for persons who enlisted between January 1, 1977, and June 30, 1985, to enroll ``(a) Notwithstanding any other provision of law, the Secretary of Defense shall, subject to the availability of appropriations, allow an individual who-- ``(1) is an eligible veteran for purposes of chapter 32; ``(2) is serving on active duty on the date of enactment of this section and is discharged or released therefrom with an honorable discharge; ``(3) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree; and ``(4) before being discharged or released from active duty as described in paragraph (2), elects to receive assistance under this section or, in the case of any individual enrolled in the educational benefits program provided by chapter 32, makes an irrevocable election to receive benefits under this section in lieu of benefits under such chapter 32, pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Transportation shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy; to become entitled to basic educational assistance under this chapter. ``(b)(1) Except as provided in paragraph (2), the basic pay of an individual who makes an election under subsection (a) to become entitled to basic educational assistance under this chapter shall be reduced by $1,200. ``(2) In the case that the Secretary of Defense determines that it is not administratively feasible to reduce the basic pay of an individual for the purposes of paragraph (1), such Secretary shall collect $1,200 from the individual, which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(3) No payment of basic educational assistance under this chapter shall be made to an individual allowed to become entitled to such assistance under this section whose basic pay has not been reduced as provided in paragraph (1) or who has not paid the Secretary of Defense in accordance with paragraph (2). ``(c)(1) Except as provided in paragraph (3) of this subsection, an individual who is enrolled in the educational benefits program provided by chapter 32 and who makes the election described in subsection (a)(4) shall be disenrolled from such chapter 32 program as of the date of such election. ``(2) For each individual who is disenrolled from such program, the Secretary shall refund-- ``(A) as provided in section 3223(b), to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a); and ``(B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c)) made by such Secretary to the Account on behalf of such individual. ``(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to section 3222(c) on behalf of any individual referred to in paragraph (1) of this subsection shall remain in such Account to make payments of benefits to such individual under section 3015(f) of this chapter.''. (b) Conforming Amendments.--(1) The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 3018B the following new item: ``3018C. Opportunity for persons who enlisted between January 1, 1977, and June 30, 1985, to enroll.''. (2) Section 3013(e) of such title is amended by striking out ``or 3018B'' and inserting in lieu thereof ``, 3018B, or 3018C''. (3) Section 3015(f) of such title is amended by inserting ``, 3018B, or 3018C'' after ``section 3018A''. (4) Section 3035(b) of such title is amended-- (A) in paragraph (3) in the matter preceding subparagraph (A), by striking out ``or 3018B'' and inserting in lieu thereof ``, 3018B, or 3018C''; and (B) in paragraph (3)(C), by striking out ``3015(e)'' and inserting in lieu thereof ``3015(f)''.

Allows individuals who enlisted in the armed forces between January 1, 1977, and June 30, 1985, who are serving on active duty upon the enactment of this Act and are later honorably discharged or released, who have completed the requirements for a secondary diploma or at least 12 semester hours leading to a standard college degree, and who, before such discharge or release, make the appropriate election, to enroll and participate in the All-Volunteer Force educational assistance program. Requires a basic pay reduction of $1,200 for participation in the program. Provides for a pro rata refund of an appropriate amount for any educational assistance unused by members disenrolling from the program.

To amend title 38, United States Code, to provide an opportunity for those service members on active duty who enlisted between January 1, 1977, and June 30, 1985, to enroll in the All-Volunteer Force Educational Assistance Program.

SECTION 1. ESTABLISHING A SINGLE STANDARDIZED AMOUNT UNDER MEDICARE INPATIENT HOSPITAL PPS. (a) In General.--Section 1886(d)(3)(A) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(A)) is amended-- (1) in clause (iv), by inserting ``and ending on or before September 30, 2001,'' after ``October 1, 1995,''; and (2) by redesignating clauses (v) and (vi) as clauses (vii) and (viii), respectively, and inserting after clause (iv) the following new clauses: ``(v) For discharges occurring in the fiscal year beginning on October 1, 2001, the average standardized amount for hospitals located in areas other than a large urban area shall be equal to the average standardized amount for hospitals located in a large urban area. ``(vi) For discharges occurring in a fiscal year beginning on or after October 1, 2002, the Secretary shall compute an average standardized amount for hospitals located in all areas within the United States equal to the average standardized amount computed under clause (v) or this clause for the previous fiscal year increased by the applicable percentage increase under subsection (b)(3)(B)(i) for the fiscal year involved.''. (b) Conforming Amendments.-- (1) Update factor.--Section 1886(b)(3)(B)(i)(XVII) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XVII)) is amended by striking ``for hospitals in all areas,'' and inserting ``for hospitals located in a large urban area,''. (2) Computing drg-specific rates.-- (A) In general.--Section 1886(d)(3)(D) of such Act (42 U.S.C. 1395ww(d)(3)(D)) is amended-- (i) in the heading by striking ``in different areas''; (ii) in the matter preceding clause (i)-- (I) by inserting ``for fiscal years before fiscal year 1997'' before ``a regional DRG prospective payment rate for each region,''; and (II) by striking ``each of which is''; (iii) in clause (i)-- (I) by inserting ``for fiscal years before fiscal year 2002,'' after ``(i)''; and (II) by striking ``and'' at the end; (iv) in clause (ii)-- (I) by inserting ``for fiscal years before fiscal year 2002,'' after ``(ii)''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following new clause: ``(iii) for a fiscal year beginning after fiscal year 2001, for hospitals located in all areas, to the product of-- ``(I) the applicable average standardized amount (computed under subparagraph (A)), reduced under subparagraph (B), and adjusted or reduced under subparagraph (C) for the fiscal year; and ``(II) the weighting factor (determined under paragraph (4)(B)) for that diagnosis- related group.''. (B) Technical conforming sunset.--Section 1886(d)(3) of such Act (42 U.S.C. 1395ww(d)(3)) is amended in the matter preceding subparagraph (A) by inserting ``for fiscal years before fiscal year 1997'' before ``a regional DRG prospective payment rate''. SEC. 2. FLOOR ON AREA WAGE ADJUSTMENT FACTORS USED UNDER MEDICARE PPS FOR INPATIENT AND OUTPATIENT HOSPITAL SERVICES. (a) Inpatient PPS.--Section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended-- (1) by inserting ``(i) In general.--'' before ``The Secretary'', and adjusting the margin two ems to the right; (2) by striking ``The Secretary'' and inserting ``Subject to clause (ii), the Secretary''; and (3) by adding at the end the following: ``(ii) Floor on area wage adjustment factor.-- Notwithstanding clause (i), in determining payments under this subsection for discharges occurring on or after October 1, 2001, the Secretary shall substitute a factor of .925 for any factor that would otherwise apply under such clause that is less than .925. Nothing in this clause shall be construed as authorizing-- ``(I) the application of the last sentence of clause (i) to any substitution made pursuant to this clause, or ``(II) the application of the preceding sentence of this clause to adjustments for area wage levels made under other payment systems established under this title (other than the payment system under section 1833(t)) to which the factors established under clause (i) apply.''. (b) Outpatient PPS.--Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) is amended by adding at the end the following: ``For purposes of subparagraph (D) for items and services furnished on or after October 1, 2001, if the factors established under clause (i) of section 1886(d)(3)(E) are used to adjust for relative differences in labor and labor-related costs under the payment system established under this subsection, the provisions of clause (ii) of such section (relating to a floor on area wage adjustment factor) shall apply to such factors, as used in this subsection, in the same manner and to the same extent (including waiving the applicability of the requirement for such floor to be applied in a budget neutral manner) as they apply to factors under section 1886.''.

Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) mandate a single national average standardized payment amount for inpatient hospital services furnished, regardless of whether in an urban or non-urban area, under the Medicare prospective payment system (PPS) for discharges occurring in FY 2002 and thereafter; and (2) establish a minimum factor of .925 as a floor for area wage adjustment factors used under the PPS for inpatient and outpatient hospital services.

To amend title XVIII of the Social Security Act to provide for national standardized payment amounts for inpatient hospital services furnished under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Health Workforce Act of 2017''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The environmental health workforce is vital to protecting the health and safety of the public. (2) For years, State and local governmental public health agencies have reported substantial workforce losses and other challenges to the environmental health workforce. (3) According to the Association of State and Territorial Health Officials (ASTHO) and the National Association of County and City Health Officials (NACCHO), more than 50,600 State and local environmental health workforce jobs have been lost since 2008. This represents approximately 22 percent of the total State and local environmental health workforce. (4) In the coming years, the retiring Baby Boomer Generation will lead to a further decrease in the environmental health workforce. (5) Currently, only 28 States require a credential for environmental health workers that is an impartial, third-party endorsement of an individual's professional knowledge and experience. (6) Educating and training existing and new environmental health professionals should be a national public health goal. SEC. 3. MODEL STANDARDS AND GUIDELINES FOR CREDENTIALING ENVIRONMENTAL HEALTH WORKERS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with appropriate national professional organizations, Federal, State, local, and tribal governmental agencies, and private- sector and nongovernmental entities, shall develop model standards and guidelines for credentialing environmental health workers. (b) Provision of Standards and Technical Assistance.--The Secretary of Health and Human Services shall provide to State, local, and tribal governments-- (1) the model standards and guidelines developed under subsection (a); and (2) technical assistance in credentialing environmental health workers. SEC. 4. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT PLAN. (a) In General.--To ensure that programs and activities (including education, training, and payment programs) of the Department of Health and Human Services for developing the environmental health workforce meet national needs, the Secretary of Health and Human Services shall develop a comprehensive and coordinated plan for such programs and activities that-- (1) includes performance measures to more clearly determine the extent to which these programs and activities are meeting the Department's strategic goal of strengthening the environmental health workforce; (2) identifies and communicates to stakeholders any gaps between existing programs and activities and future environmental health workforce needs identified in workforce projections of the Health Resources and Services Administration; (3) identifies actions needed to address such identified gaps; and (4) identifies any additional statutory authority that is needed by the Department to implement such identified actions. (b) Submission to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and to the Committees on Energy and Commerce and Education and the Workforce of the House of Representatives, the plan developed under subsection (a). SEC. 5. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT REPORT. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall examine and identify best practices in 6 States (as described in subsection (b)) related to training and credentialing requirements for environmental health workers and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes information concerning-- (1) types of environmental health workers employed at State, local, and city health departments and independent environmental health agencies; (2) educational backgrounds of environmental health workers; (3) whether environmental health workers are credentialed or registered, and what type of credential or registration each worker has received; (4) State requirements for continuing education for environmental health workers; (5) whether State, local, and city health departments and independent environmental health agencies track continuing education units for their environmental health workers; and (6) how frequently any exam required to qualify environmental health workers is updated and reviewed to ensure that the exam is consistent with current law. (b) Selection of States.--The report described in subsection (a) shall be based upon the examination of such best practices with respect to 3 States that have credentialing requirements for environmental health workers (such as Maryland, Ohio, and Washington) and 3 States that do not have such requirements (such as Indiana, Michigan, and Pennsylvania). SEC. 6. PUBLIC SERVICE LOAN FORGIVENESS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended in paragraph (3)(B)-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iii) a full-time job as an environmental health worker (as defined in section 7 of the Environmental Health Workforce Act of 2017) who is accredited, certified, or licensed in accordance with applicable law.''. SEC. 7. DEFINITION. In this Act, the terms ``environmental health worker'' and ``environmental health workforce'' refer to public health workers who investigate and assess hazardous environmental agents in various environmental settings and develop, promote, and enforce guidelines, policies, and interventions to control such hazards.

Environmental Health Workforce Act of 2017 This bill requires the Department of Health and Human Services (HHS) to develop model standards and guidelines for credentialing environmental health workers. HHS must develop a comprehensive and coordinated plan for the environmental health workforce that includes performance measures and identifies: (1) any gaps between existing programs and future environmental health workforce needs, (2) actions needed to address any identified gaps, and (3) any additional statutory authority required by HHS to implement identified actions. The Government Accountability Office must identify best practices related to training and credentialing environmental health professionals in six states, based on the examination of three states that have credentialing requirements for environmental health workers and three that do not. The bill also amends the Higher Education Act of 1965 to specify that environmental health workers are eligible for public service loan forgiveness.

Environmental Health Workforce Act of 2017

SECTION 1. LIMITATION OF ANTIQUITIES ACT AUTHORITY. Section 2 of the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C 431, 432, 433), commonly known as the Antiquities Act, is amended as follows: (1) By inserting ``(a) In General.--'' immediately before the first sentence. (2) By adding the following after the last sentence: ``Any proclamation of the President under this section declaring any area a national monument shall be submitted to the Congress, and such proclamation shall cease to have any force and effect after the expiration of 180 calendar days of continuous session of Congress after the date of issuance unless the Congress approves such proclamation by adoption of a joint resolution of approval within such 180 day period in accordance with subsection (b).'' (3) By adding the following at the end thereof: ``(b) Congressional Review.-- ``(1) Sessions of congress.--For purposes of this section-- ``(A) continuity of session of Congress is broken only by an adjournment sine die; and ``(B) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 180-day calendar period. ``(2) Procedure.-- ``(A) This subsection is enacted by Congress-- ``(i) as an exercise of the rulemaking power of each House of Congress, 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 resolutions described by subparagraph (B) of this paragraph; and it supersedes other rules only to the extent that it is inconsistent therewith; and ``(ii) with full recognition of the constitutional right of either House to change the rules (so far as those rules relate 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 such House. ``(B) For purposes of this section, the term `resolution' means a joint resolution, the resolving clause of which is as follows: ``That the House of Representatives and Senate approve the Presidential decision on the establishment of a national monument submitted to the Congress on XXXXX.''; the blank space therein shall be filled with the date on which the President submits his decision to the House of Representatives and the Senate. ``(C) A resolution once introduced with respect to a Presidential proclamation establishing a national monument shall be referred to one or more committees (and all resolutions with respect to the same Presidential proclamation shall be referred to the same committee or committees) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. ``(D)(i) If any committee to which a resolution with respect to a Presidential proclamation has been referred has not reported it at the end of 30 calendar days after its referral, it shall be in order to move either to discharge such committee from further consideration of such resolution or to discharge such committee from consideration of any other resolution with respect to such Presidential proclamation which has been referred to such committee. ``(ii) A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same Presidential proclamation, and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. ``(iii) If the motion to discharge is agreed to or disagreed to, the motion may not be made with respect to any other resolution with respect to the same Presidential proclamation. ``(E)(i) When any committee has reported, or has been discharged from further consideration of, a resolution, but in no case earlier than 30 days after the date of receipt of the President's proclamation to the Congress, it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. ``(ii) Debate on the resolution described in subparagraph (B)(i) of this paragraph shall be limited to not more than 10 hours and on any resolution under this subsection. This time shall be divided equally between those favoring and those opposing such resolution. A motion further to limit debate shall not be debatable. An amendment to, or motion to recommit the resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such resolution was agreed to or disagreed to or, thereafter within such 180-day period, to consider any other resolution respecting the same Presidential proclamation. ``(F)(i) Motions to postpone, made with respect to the discharge from committee, or the consideration of a resolution and motions to proceed to the consideration of other business, shall be decided without debate. ``(ii) Appeals from the decision 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 procedures relating to a resolution shall be decided without debate.''

Amends the Antiquities Act of 1906 to require presidential proclamations declaring areas national monuments to be submitted to the Congress. Terminates proclamations not approved by the Congress by joint resolution within 180 calendar days of continuous congressional session after the date of issuance. Sets forth procedures for consideration of such joint resolutions.

To amend the Antiquities Act to provide for the Congressional approval of the establishment of national monuments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Aircraft From Explosives Responsibly: Advanced Imaging Recognition Act of 2010'' or ``SAFER AIR Act of 2010''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) On December 25, 2009, Umar Farouk Abdulmutallab, a national of Nigeria, allegedly attempted to detonate a concentration of pentaerythritol tetranitrate aboard Northwest Airlines Flight 253 as the aircraft prepared to land in Detroit, Michigan. (2) Pentaerythritol tetranitrate is an explosive chemical compound that cannot be detected by conventional metal detection devices like those that Mr. Abdulmutallab allegedly passed through at airport checkpoints in Nigeria and the Netherlands. (3) However, detection devices employing advanced imaging technology (formerly known as whole-body imaging), and other technologies currently available, such as trace detection equipment, can be used to identify or detect on-body plastic explosives and other nonmetallic explosives, including pentaerythritol tetranitrate, as well as other materials that can be used as weapons. (4) Despite these capabilities, advanced imaging technology has not been fully deployed in the United States or abroad. Through 2009, the Department of Homeland Security used 40 advanced imaging technology units in 19 airports in the United States. Only 6 of those airports used advanced imaging for primary screening, and only then in a limited role at the airport. (5) The Department of Homeland Security has announced plans to deploy 950 additional advanced imaging technology units through fiscal year 2011, for use at approximately 2,200 checkpoints at commercial airports. (6) Other detection technologies complement, and may be used in combination with, advanced imaging technology units as part of a multi-layered approach at the airport checkpoint, and need to be tested and deployed more consistently. These technologies include devices that detect traces of explosives from swabs of passengers or carry-on baggage and advanced technology machines that conduct multiple-view examinations of carry-on baggage. (b) Sense of Congress on Privacy Concerns Related to the Use of Advanced Imaging Technology.--It is the sense of Congress that the Department of Homeland Security should-- (1) increase efforts to address privacy concerns with respect to the screening of passengers at airports using advanced imaging technology; and (2) conduct additional lab and operational testing of advanced imaging technology and deploy, in a reasonable period of time, technology-- (A) to standardize images produced using advanced imaging technology; (B) to remove personally identifying characteristics from the images viewed by transportation security officers, while providing such officers with the information necessary to make a clear assessment of the threat posed by individual passengers; and (C) to upgrade equipment to be able to detect new threats without major capital expenditures. SEC. 3. POLICY OF THE UNITED STATES WITH RESPECT TO PRIMARY SCREENING TECHNOLOGIES AT AIRPORT CHECKPOINTS. It is the policy of the United States to aggressively seek, develop, and deploy, in a timely fashion and in sufficient numbers, primary screening technologies capable of detecting and protecting against threats to domestic and international aviation travel that cannot be effectively and efficiently detected by other technologies currently more commonly utilized in airports, such as metal detection. SEC. 4. USE OF ADVANCED TECHNOLOGY FOR SCREENING AIRCRAFT PASSENGERS. Section 44901 of title 49, United States Code, is amended by adding at the end the following: ``(l) Use of Advanced Technology for Screening Passengers.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that advanced imaging technology and other advanced technology with the capability to detect weapons, on-body plastic explosives, and other nonmetallic explosives, are deployed, individually or in combination with each other, in a timely and effective manner for the primary screening of aircraft passengers in accordance with this subsection. ``(2) Technological and operational certification.-- ``(A) In general.--Not later than 30 days after the date of the enactment of the Securing Aircraft From Explosives Responsibly: Advanced Imaging Recognition Act of 2010, the Secretary of Homeland Security shall certify to Congress that-- ``(i) the Department of Homeland Security has the capacity to deploy advanced technology described in subparagraph (B) at airport checkpoints to detect weapons, on-body plastic explosives, and other nonmetallic explosives; and ``(ii) those technologies will be deployed at each airport checkpoint in the United States by 2013 in sufficient quantities to detect and deter operational threats from weapons, on-body plastic explosives, and other nonmetallic explosives. ``(B) Advanced technology described.--Advanced technology described in this subparagraph is-- ``(i) advanced imaging technology; or ``(ii) such other technology as the Secretary of Homeland Security determines, and certifies to Congress-- ``(I) provides a capability to detect weapons, on-body plastic explosives, and other nonmetallic explosives that is comparable to, or greater than, the capability to detect such weapons and explosives provided by advanced imaging technology; and ``(II) will be used in a manner suitable to detect such weapons and explosives. ``(3) Primary screening of passengers.-- ``(A) In general.--Except as provided in subparagraph (B), all primary screening of passengers shall be conducted using advanced imaging technology or another advanced technology described in paragraph (2)(B)(ii). ``(B) Alternative screening method for passengers with privacy concerns.-- ``(i) In general.--The Secretary of Homeland Security shall provide passengers with an option for primary screening other than the use of advanced imaging technology or another advanced technology described in paragraph (2)(B)(ii). ``(ii) Options.--The alternative option for primary screening provided to passengers under clause (i) shall be either-- ``(I) to both pass through a metal detector and undergo a pat-down search; or ``(II) screening using such other method or combination of methods for screening passengers as the Secretary determines, and certifies to Congress, is appropriate and effective. ``(C) Provision of information.--Passengers shall be provided with-- ``(i) information regarding the images produced by advanced imaging technology to detect on-body plastic explosives and other nonmetallic explosives; ``(ii) information regarding the privacy protections provided under paragraph (4); and ``(iii) sufficiently detailed notice and an explanation of the alternative option for primary screening provided to passengers under subparagraph (B). ``(4) Privacy protections for passengers.-- ``(A) Nonretention of images.--Except as provided in subparagraph (B)(ii), all advanced imaging technology equipment used by the Department of Homeland Security at an airport checkpoint shall be configured so that images produced using the equipment-- ``(i) cannot be stored, transferred, copied, or printed; and ``(ii) are permanently removed from the screen after the passenger is cleared to pass through the airport checkpoint. ``(B) Standardization and blurring of images.-- ``(i) In general.--The Secretary of Homeland Security shall ensure that any advanced imaging technology equipment used by the Department of Homeland Security to screen passengers be configured so that-- ``(I) all facial features on a passenger's image are blurred; and ``(II) passenger images are standardized to the greatest extent possible while allowing for detection of individual on-body threats. ``(ii) Transfer of nonstandardized images.--An image produced using advanced imaging technology that shows personal or nonstandardized images shall be transferred using a secure connection to a location that enables an employee of the Department of Homeland Security to view the image without risking the exposure of the image to the public. ``(C) Prohibition on presence of cameras while viewing images.--An employee of the Department of Homeland Security viewing an image of a passenger produced using advanced imaging technology-- ``(i) may not have a camera or cell phone present; and ``(ii) if viewing the image in a location described in subparagraph (B)(ii), shall communicate with other employees of the Department of Homeland Security using a wireless headset or another comparable method of communication that does not allow for the transmission of the image. ``(5) Reports.-- ``(A) Department of homeland security.--Not later than 1 year after the date of the enactment of the Securing Aircraft From Explosives Responsibly: Advanced Imaging Recognition Act of 2010, and every 2 years thereafter, the Secretary of Homeland Security shall submit to Congress a report on the implementation of this subsection that includes-- ``(i) an assessment of existing and emerging threats presented by on-body plastic explosives, other nonmetallic explosives, and other items undetectable by conventional metal detectors deployed at airport checkpoints; ``(ii) an assessment of the capabilities and effectiveness of primary screening using advanced imaging technology and any other advanced technology described in paragraph (2)(B)(ii) used by the Department of Homeland Security in combating any threat described in clause (i); ``(iii) an estimate of the percentage of passengers who choose to be screened-- ``(I) by advanced imaging technology or using another advanced technology described in paragraph (2)(B)(ii); and ``(II) using an alternative option for primary screening provided to passengers under paragraph (3)(B); and ``(iv) a description of the measures taken to protect the privacy of passengers screened using advanced imaging technology and an assessment of compliance with those measures. ``(B) Government accountability office.--Not later than 180 days after the date of the enactment of the Securing Aircraft From Explosives Responsibly: Advanced Imaging Recognition Act of 2010, and every 2 years thereafter, the Comptroller General of the United States shall conduct a study and submit to Congress a report on the costs of carrying out this subsection, including the costs relating to procuring the necessary technology, construction at airports, and training and deploying employees of the Department of Homeland Security to use new technologies. ``(6) Definitions.--In this subsection: ``(A) Advanced imaging technology.--The term `advanced imaging technology'-- ``(i) means a device that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body as applicable, including narcotics, explosives, and other weapons components; and ``(ii) includes devices using backscatter x-rays or millimeter waves and devices referred to as `whole-body imaging technology' or `body scanning'. ``(B) Airport checkpoint.--The term `airport checkpoint' has the meaning given the term `screening location' in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar rule or regulation). ``(C) Pat-down search.--The term `pat-down search' means a physical inspection of the body of an individual conducted in accordance with the standard operating procedure described in the official training manual of the Transportation Security Administration of the Department of Homeland Security. ``(D) Primary screening.--The term `primary screening' means the initial examination of any passenger at an airport checkpoint, including using available screening technologies to detect weapons, explosives, narcotics, or other indications of unlawful action, in order to determine whether to clear the passenger to board an aircraft or to further examine the passenger.''. SEC. 5. DEVELOPMENT OF NEW SCREENING TECHNOLOGIES. Nothing in this Act, or the amendments made by this Act, shall be construed to discourage the Secretary of Homeland Security from developing and deploying advanced technologies for aviation screening to protect the traveling public from emerging threats. The Secretary shall continue to develop and deploy such new advanced technologies. SEC. 6. 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.

Securing Aircraft From Explosives Responsibly: Advanced Imaging Recognition Act of 2010 or SAFER AIR Act of 2010 - Expresses the sense of Congress that the Department of Homeland Security (DHS) should: (1) increase efforts to address privacy concerns regarding the screening of passengers using advanced imaging technology at airports; and (2) conduct additional testing of advanced imaging technology; and (3) deploy technology to standardize images, remove personally identifying characteristics, while providing transportation security officers with necessary information, and upgrade equipment to detect new threats without major capital expenditures. Declares it to be U.S. policy to aggressively seek, develop, and timely deploy primary screening technologies capable of detecting and protecting against threats to domestic and international aviation travel that cannot be effectively and efficiently detected by other technologies currently more commonly used, such as metal detectors. Directs the Secretary to ensure that advanced imaging technology and other advanced technology with capability to detect weapons, on-body plastic explosives, and other nonmetallic explosives are timely deployed for the primary screening of aircraft passengers. Requires the Secretary to provide passengers with an option for primary screening other than the use of such technologies. Requires all advanced imaging technology equipment used at airport checkpoints to be configured so that passenger: (1) images are not retained; and (2) facial features are blurred, while allowing detection of individual on-body threats. Prohibits DHS employees from having cameras or cell phones present while viewing such images. Requires such employees to communicate with other DHS employees using a wireless headset or another comparable method of communication that does not allow for the transmission of the image.

A bill to enhance aviation security and protect personal privacy, and for other purposes.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Investment Competitiveness Act of 1993''. (b) Amendment of 1986 Code.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED INVESTMENT COMPANIES. (a) General Rule.-- (1) Nonresident alien individuals.--Section 871 (relating to tax on nonresident alien individuals) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Exemption for Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any interest- related dividend received from a regulated investment company. ``(B) Exceptions.--Subparagraph (A) shall not apply-- ``(i) to any interest-related dividend received from a regulated investment company by a person to the extent such dividend is attributable to interest (other than interest described in subparagraph (E) (i) or (iii)) received by such company on indebtedness issued by such person or by any corporation or partnership with respect to which such person is a 10-percent shareholder, ``(ii) to any interest-related dividend with respect to stock of a regulated investment company unless the person who would otherwise be required to deduct and withhold tax from such dividend under chapter 3 receives a statement (which meets requirements similar to the requirements of subsection (h)(4)) that the beneficial owner of such stock is not a United States person, and ``(iii) to any interest-related dividend paid to any person within a foreign country (or any interest-related dividend payment addressed to, or for the account of, persons within such foreign country) during any period described in subsection (h)(5) with respect to such country. Clause (iii) shall not apply to any dividend with respect to any stock which was acquired on or before the date of the publication of the Secretary's determination under subsection (h)(5). ``(C) Interest-related dividend.--For purposes of this paragraph, an interest-related dividend is any dividend (or part thereof) which is designated by the regulated investment company as an interest-related dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified net interest income of the company for such taxable year, the portion of each distribution which shall be an interest-related dividend shall be only that portion of the amounts so designated which such qualified net interest income bears to the aggregate amount so designated. ``(D) Qualified net interest income.--For purposes of subparagraph (C), the term `qualified net interest income' means the qualified interest income of the regulated investment company reduced by the deductions properly allocable to such income. ``(E) Qualified interest income.--For purposes of subparagraph (D), the term `qualified interest income' means the sum of the following amounts derived by the regulated investment company from sources within the United States: ``(i) Any amount includible in gross income as original issue discount (within the meaning of section 1273) on an obligation payable 183 days or less from the date of original issue (without regard to the period held by the company). ``(ii) Any interest includable in gross income (including amounts recognized as ordinary income in respect of original issue discount or market discount or acquisition discount under part V of subchapter P and such other amounts as regulations may provide) on an obligation which is in registered form; except that this clause shall not apply to any interest on an obligation issued by a corporation or partnership if the regulated investment company is a 10-percent shareholder in such corporation or partnership. ``(iii) Any interest referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company). ``(F) 10-percent shareholder.--For purposes of this paragraph, the term `10-percent shareholder' has the meaning given to such term by subsection (h)(3). ``(2) Short-term capital gain dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any short-term capital gain dividend received from a regulated investment company. ``(B) Exception for aliens taxable under subsection (a)(2).--Subparagraph (A) shall not apply in the case of any nonresident alien individual subject to tax under subsection (a)(2). ``(C) Short-term capital gain dividend.--For purposes of this paragraph, a short-term capital gain dividend is any dividend (or part thereof) which is designated by the regulated investment company as a short-term capital gain dividend in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year. If the aggregate amount so designated with respect to a taxable year of the company (including amounts so designated with respect to dividends paid after the close of the taxable year described in section 855) is greater than the qualified short-term gain of the company for such taxable year, the portion of each distribution which shall be a short-term capital gain dividend shall be only that portion of the amounts so designated which such qualified short-term gain bears to the aggregate amount so designated. ``(D) Qualified short-term gain.--For purposes of subparagraph (C), the term `qualified short-term gain' means the excess of the net short-term capital gain of the regulated investment company for the taxable year over the net long-term capital loss (if any) of such company for such taxable year. For purposes of this paragraph, the excess of the net short-term capital gain for a taxable year over the net long-term capital loss for a taxable year (to which an election under section 4982(e)(4) does not apply) shall be determined without regard to any net capital loss or net short- term capital loss attributable to transactions after October 31 of such year, and any such net capital loss or net short-term capital loss shall be treated as arising on the 1st day of the next taxable year. To the extent provided in regulations, the preceding sentence shall apply also for purposes of computing the taxable income of the regulated investment company.''. (2) Foreign corporations.--Section 881 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Tax Not To Apply to Certain Dividends of Regulated Investment Companies.-- ``(1) Interest-related dividends.-- ``(A) In general.--Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1) of subsection (a) on any interest-related dividend (as defined in section 871(k)(1)) received from a regulated investment company. ``(B) Exception.--Subparagraph (A) shall not apply-- ``(i) to any dividend referred to in section 871(k)(1)(B), and ``(ii) to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company from a person who is a related person (within the meaning of section 864(d)(4)) with respect to such controlled foreign corporation. ``(C) Treatment of dividends received by controlled foreign corporations.--The rules of subsection (c)(4)(A) shall apply to any interest-related dividend received by a controlled foreign corporation (within the meaning of section 957(a)) to the extent such dividend is attributable to interest received by the regulated investment company which is described in clause (ii) of section 871(k)(1)(E) (and not described in clause (i) or (iii) of such section). ``(2) Short-term capital gain dividends.--No tax shall be imposed under paragraph (1) of subsection (a) on any short-term capital gain dividend (as defined in section 871(k)(2)) received from a regulated investment company.''. (3) Withholding taxes.-- (A) Subsection (c) of section 1441 is amended by adding at the end thereof the following new paragraph: ``(12) Certain dividends received from regulated investment companies.-- ``(A) In general.--No tax shall be required to be deducted and withheld under subsection (a) from any amount exempt from the tax imposed by section 871(a)(1)(A) by reason of section 871(k). ``(B) Special rule.--For purposes of subparagraph (A), clause (i) of section 871(k)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause. A similar rule shall apply with respect to the exception contained in section 871(k)(2)(B).''. (B) Subsection (a) of section 1442 is amended-- (i) by striking ``and the references in section 1441(c)(10)'' and inserting ``the reference in section 1441(c)(10)'', and (ii) by inserting before the period at the end thereof the following: ``, and the references in section 1441(c)(12) to sections 871(a) and 871(k) shall be treated as referring to sections 881(a) and 881(e) (except that for purposes of applying subparagraph (A) of section 1441(c)(12), as so modified, clause (ii) of section 881(e)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause)''. (b) Estate Tax Treatment of Interest in Certain Regulated Investment Companies.--Section 2105 (relating to property without the United States for estate tax purposes) is amended by adding at the end thereof the following new subsection: ``(d) Stock in a RIC.-- ``(1) In general.--For purposes of this subchapter, stock in a regulated investment company (as defined in section 851) owned by a nonresident not a citizen of the United States shall not be deemed property within the United States in the proportion that, at the end of the quarter of such investment company's taxable year immediately preceding a decedent's date of death (or at such other time as the Secretary may designate in regulations), the assets of the investment company that were qualifying assets with respect to the decedent bore to the total assets of the investment company. ``(2) Qualifying assets.--For purposes of this subsection, qualifying assets with respect to a decedent are assets that, if owned directly by the decedent, would have been-- ``(A) amounts, deposits, or debt obligations described in subsection (b) of this section, ``(B) debt obligations described in the last sentence of section 2104(c), or ``(C) other property not within the United States.''. (c) Treatment of Regulated Investment Companies Under Section 897.-- (1) Paragraph (1) of section 897(h) is amended by striking ``REIT'' each place it appears and inserting ``qualified investment entity''. (2) Paragraphs (2) and (3) of section 897(h) are amended to read as follows: ``(2) Sale of stock in domestically controlled entity not taxed.--The term `United States real property interest' does not include any interest in a domestically controlled qualified investment entity. ``(3) Distributions by domestically controlled qualified investment entities.--In the case of a domestically controlled qualified investment entity, rules similar to the rules of subsection (d) shall apply to the foreign ownership percentage of any gain.''. (3) Subparagraphs (A) and (B) of section 897(h)(4) are amended to read as follows: ``(A) Qualified investment entity.--The term `qualified investment entity' means any real estate investment trust and any regulated investment company. ``(B) Domestically controlled.--The term `domestically controlled qualified investment entity' means any qualified investment entity in which at all times during the testing period less than 50 percent in value of the stock was held directly or indirectly by foreign persons.''. (4) Subparagraphs (C) and (D) of section 897(h)(4) are each amended by striking ``REIT'' and inserting ``qualified investment entity''. (5) The subsection heading for subsection (h) of section 897 is amended by striking ``REITS'' and inserting ``Certain Investment Entities''. (d) Effective Date.--The amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after the date of the enactment of this Act.

Investment Competitiveness Act of 1993 - Amends the Internal Revenue Code to exempt interest-related dividends received from a regulated investment company from the 30 percent tax on the income of nonresident aliens and foreign corporations not connected with U.S. business. Provides exceptions. Provides for determining taxable estate stock of nonresident non-citizens in regulated investment companies. Applies the special rules for real estate investment trusts on the disposition of investment in U.S. real property to regulated investment companies.

Investment Competitiveness Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Nevada Economic Development and Land Management Improvement Act''. SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS IN LINCOLN COUNTY, NEVADA. (a) Facilitation of Pinyon-Juniper Related Projects.-- (1) Availability of special account under lincoln county land act of 2000.--Section 5(b) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1048) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and implementation'' after ``development''; and (ii) in subparagraph (C)-- (I) in clause (i), by striking ``; and'' at the end and inserting a semicolon; and (II) by adding at the end the following: ``(iii) development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the County, consistent with the Ely Resource Management Plan or any subsequent revisions or amendments to that plan; and''; and (B) by adding at the end the following: ``(3) Cooperative agreements.--The Director of the Bureau of Land Management shall enter into cooperative agreements with the County for County-provided law enforcement and planning related activities approved by the Secretary regarding-- ``(A) wilderness in the County designated by the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); ``(B) cultural resources identified, protected, and managed pursuant to that Act; ``(C) planning, management, and law enforcement associated with the Silver State OHV Trail designated by that Act; and ``(D) planning associated with land disposal and related land use authorizations required for utility corridors and rights-of-way to serve land that has been, or is to be, disposed of pursuant to that Act (other than rights-of-way granted pursuant to that Act) and this Act.''. (2) Availability of special account under lincoln county conservation, recreation, and development act of 2004.--Section 103 of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is amended-- (A) in subsection (b)(3)-- (i) in subparagraph (E), by striking ``; and'' at the end and inserting a semicolon; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the County, consistent with the Ely Resource Management Plan or any subsequent revisions or amendments to that plan.''; and (B) by adding at the end the following: ``(d) Cooperative Agreements.--The Director of the Bureau of Land Management shall enter into cooperative agreements with the County for County-provided law enforcement and planning related activities approved by the Secretary regarding-- ``(1) wilderness in the County designated by this Act; ``(2) cultural resources identified, protected, and managed pursuant to this Act; ``(3) planning, management, and law enforcement associated with the Silver State OHV Trail designated by this Act; and ``(4) planning associated with land disposal and related land use authorizations required for utility corridors and rights-of-way to serve land that has been, or is to be, disposed of pursuant to this Act (other than rights-of-way granted pursuant to this Act) and the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1046).''. (b) Disposition of Proceeds.-- (1) Disposition of proceeds under lincoln county land act of 2000.--Section 5(a)(2) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1047) is amended by inserting ``and economic development'' after ``schools''. (2) Disposition of proceeds under lincoln county conservation, recreation, and development act of 2004.--Section 103(b)(2) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is amended by striking ``and transportation'' and inserting ``transportation, and economic development''. (c) Modification of Utility Corridor.--The Secretary of the Interior shall realign the utility corridor established by section 301(a) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2412) to be aligned as generally depicted on the map entitled ``Proposed LCCRDA Utility Corridor Realignment'' and dated March 14, 2017, by modifying the map entitled ``Lincoln County Conservation, Recreation, and Development Act'' (referred to in this subsection as the ``Map'') and dated October 1, 2004, by-- (1) removing the utility corridor from 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. 68 E., of the Map; and (2) redesignating the utility corridor so as to appear in-- (A) sections 31, 32, and 33, T. 8 N., R. 68 E., of the Map; (B) sections 4, 5, 6, and 7, T. 7 N., R. 68 E., of the Map; and (C) sections 1 and 12, T. 7 N., 67 E., of the Map. (d) Final Corrective Patent in Clark County, Nevada.-- (1) Validation of patent.--Patent number 27-2005-0081 issued by the Bureau of Land Management on February 18, 2005, is affirmed and validated as having been issued pursuant to, and in compliance with, the Nevada-Florida Land Exchange Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for the benefit of the desert tortoise, other species, and the habitat of the desert tortoise and other species to increase the likelihood of the recovery of the desert tortoise and other species. (2) Ratification of reconfiguration.--The process used by the United States Fish and Wildlife Service and the Bureau of Land Management in reconfiguring the land described in paragraph (1), as depicted on Exhibit 1-4 of the Final Environmental Impact Statement for the Planned Development Project MSHCP, Lincoln County, NV (FWS-R8-ES-2008-N0136) and the reconfiguration provided for in special condition 10 of the Corps of Engineers Permit No. 000005042 are ratified. (e) Issuance of Corrective Patent in Lincoln County, Nevada.-- (1) In general.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management, may issue a corrective patent for the 7,548 acres of land in Lincoln County, Nevada, depicted on the map prepared by the Bureau of Land Management entitled ``Proposed Lincoln County Land Reconfiguration'' and dated January 28, 2016. (2) Applicable law.--A corrective patent issued under paragraph (1) shall be considered to have been issued pursuant to, and in compliance with, the Nevada-Florida Land Exchange Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52). SEC. 3. MT. MORIAH WILDERNESS, HIGH SCHELLS WILDERNESS, AND ARC DOME WILDERNESS BOUNDARY ADJUSTMENTS. (a) Amendments to the Pam White Wilderness Act.--Section 323 of the Pam White Wilderness Act of 2006 (16 U.S.C. 1132 note; Public Law 109- 432; 120 Stat. 3031) is amended by striking subsection (e) and inserting the following: ``(e) Mt. Moriah Wilderness Adjustment.--The boundary of the Mt. Moriah Wilderness established under section 2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101- 195) is adjusted to include-- ``(1) the land identified as the `Mount Moriah Wilderness Area' and `Mount Moriah Additions' on the map entitled `Eastern White Pine County' and dated November 29, 2006; and ``(2) the land identified as `NFS Lands' on the map entitled `Proposed Wilderness Boundary Adjustment Mt. Moriah Wilderness Area' and dated January 17, 2017. ``(f) High Schells Wilderness Adjustment.--The boundary of the High Schells Wilderness established under subsection (a)(11) is adjusted to include the land identified as `Include as Wilderness' on the map entitled `McCoy Creek Adjustment' and dated November 3, 2014, and to exclude the land identified as `NFS Lands' on the map entitled `Proposed Wilderness Boundary Adjustment High Schells Wilderness Area' and dated January 19, 2017.''. (b) Amendments to the Nevada Wilderness Protection Act of 1989.-- The Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-195; 103 Stat. 1784) is amended by adding at the end the following: ``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. ``The boundary of the Arc Dome Wilderness established under section 2(2) is adjusted to exclude the land identified as `Exclude from Wilderness' on the map entitled `Arc Dome Adjustment' and dated November 3, 2014.''. SEC. 4. IMPLEMENTATION OF WHITE PINE COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT ACT. (a) Disposition of Proceeds.--Section 312 of the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109- 432; 120 Stat. 3030) is amended-- (1) in paragraph (2), by striking ``and planning'' and inserting ``municipal water and sewer infrastructure, public electric transmission facilities, public broadband infrastructure, and planning''; and (2) in paragraph (3)-- (A) in subparagraph (G), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (H), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(I) processing by a government entity of public land use authorizations and rights-of-way relating to the development of land conveyed to the County under this Act, with an emphasis on authorizations and rights-of-way relating to any infrastructure needed for the expansion of the White Pine County Industrial Park under section 352(c)(2).''. (b) Conveyance to White Pine County, Nevada.--Section 352 of the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109-432; 120 Stat. 3039) is amended-- (1) in subsection (a), by striking ``the Secretary'' and inserting ``not later than December 31, 2018, the Secretary''; (2) in subsection (c)(3)(B)(i), by striking ``through a competitive bidding process'' and inserting ``consistent with section 244 of the Nevada Revised Statutes (as in effect on the date of enactment of the Eastern Nevada Economic Development and Land Management Improvement Act)''; and (3) by adding at the end the following: ``(e) Deadline.--If the Secretary has not conveyed to the County the parcels of land described in subsection (b) by December 31, 2018, the Secretary shall immediately convey to the County, without consideration, all right, title, and interest of the United States in and to the parcels of land.''.

Eastern Nevada Economic Development and Land Management Improvement Act This bill amends the Lincoln County Land Act of 2000 (LCLA) to require implementation of a multispecies habitat conservation plan in Lincoln County, Nevada. Both the LCLA and the Lincoln County Conservation, Recreation, and Development Act of 2004 (LCCRDA) are amended to make certain amounts available for comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the county, consistent with the Ely Resource Management Plan or subsequent revisions or amendments to it. The bill requires cooperative agreements between the Bureau of Land Management (BLM) and Lincoln County for certain county-provided law enforcement and planning-related activities approved by the Department of the Interior. Certain portions of land sale proceeds returned to the County under the LCLA and the LCCRDA shall be used for economic development. Under the LCCRDA Interior shall realign a specified portion of a 2,640-foot wide utility corridor. The bill: affirms and validates patent number 27-2005-0081 issued by the BLM on February 18, 2005, for the benefit of the desert tortoise, other species, and their habitats, to increase the likelihood of their recovery; and ratifies the processes used by the U.S. Fish and Wildlife Service and the BLM in reconfiguring the land covered by the patent. The BLM may issue a corrective patent for 7,548 specified acres of land in Lincoln County. The bill amends the Pam White Wilderness Act to adjust the boundary of the Mt. Moriah Wilderness to include specified lands, and the boundary of the High Schells Wilderness to include and exclude specified lands. The bill amends the Nevada Wilderness Protection Act of 1989 to adjust the boundary of the Arc Dome Wilderness to exclude specified land. The bill amends the White Pine County Conservation, Recreation, and Development Act of 2006 to require the portions of the proceeds from certain BLM land sales in White Pine County that are: paid to the county to also be used for municipal water and sewer infrastructure, public electric transmission facilities, and public broadband infrastructure; and deposited into the White Pine County Special Account, to be used by Interior for processing public land use authorizations and rights-of-way relating to the development of the land conveyed to the county under such Act, with an emphasis on authorizations and rights-of-way relating to any infrastructure needed for the expansion of the White Pine County Industrial Park. The bill further amends such Act to: (1) instruct, by December 31, 2018, the Departments of Agriculture and of the Interior, to convey certain lands to White Pine County, without consideration, in accordance with such Act, and if the conveyance has not been completed by such deadline, to immediately convey them to the county; and (2) allow the county, after the conveyance of those lands, to sell, lease, or convey the portion to be used for nonresidential development related to the expansion of Ely Airport and the industrial park, consistent with section 244 of the Nevada Revised Statutes effective as of this bill's enactment (currently, through a competitive bidding process).

Eastern Nevada Economic Development and Land Management Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stimulating Innovation through Procurement Act of 2017''. SEC. 2. DEFINITION OF SENIOR PROCUREMENT EXECUTIVE. Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended-- (1) in paragraph (12)(B), by striking ``and'' at the end; (2) in paragraph (13)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(13) the term `senior procurement executive' means an official designated under section 1702(c) of title 41, United States Code, as the senior procurement executive of a Federal agency participating in a SBIR or STTR program.''. SEC. 3. INCLUSION OF SENIOR PROCUREMENT EXECUTIVES IN SBIR AND STTR. (a) In General.--Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended-- (1) in paragraph (8), by striking ``and'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(10) to coordinate, where appropriate, with the senior procurement executive of the relevant Federal agency to assist small business concerns participating in a SBIR or STTR program with commercializing research developed under such a program before such small business concern is awarded a contract from such Federal agency.''. (b) Technical Amendment.--Section 9(b)(3) of the Small Business Act (15 U.S.C. 638(b)(3)) is amended by striking ``and'' at the end. SEC. 4. MODIFICATIONS RELATING TO PROCUREMENT CENTER REPRESENTATIVES AND OTHER ACQUISITION PERSONNEL. (a) SBIR Amendment.--Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is amended by adding at the end the following new paragraph: ``(4) Modifications relating to procurement center representatives.--Upon the enactment of this paragraph, the Administrator shall modify the policy directives issued pursuant to this subsection to require procurement center representatives (as described in section 15(l)) to assist small business concerns participating in the SBIR program with researching solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement with the concern) and to provide technical assistance to such concerns to submit a bid for an award of a Federal contract. The procurement center representatives shall coordinate with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to section 15(k) for the agency letting the contract.''. (b) STTR Amendment.--Section 9(p)(2) of the Small Business Act (15 U.S.C. 638(p)(2)) is amended-- (1) in subparagraph (E)(ii), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) procedures to ensure that procurement center representatives (as described in section 15(l))-- ``(i) assist small business concerns participating in the STTR program with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement with the concern); ``(ii) provide technical assistance to such concerns to submit a bid for an award of a Federal contract; and ``(iii) coordinate with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to section 15(k) for the Federal agency letting the contract in providing the assistance described in clause (i).''. SEC. 5. AMENDMENT TO DUTIES OF PROCUREMENT CENTER REPRESENTATIVES. Section 15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) by redesignating subparagraph (J) as subparagraph (L); and (3) by inserting after subparagraph (I) the following new subparagraphs: ``(J) assist small business concerns participating in a SBIR or STTR program under section 9 with researching applicable solicitations for the award of a Federal contract to market the research developed by such concern under such SBIR or STTR program; ``(K) provide technical assistance to small business concerns participating in a SBIR or STTR program under section 9 to submit a bid for an award of a Federal contract, including coordination with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to subsection (k) for the agency letting the contract; and''. SEC. 6. AMENDMENT TO THE DUTIES OF THE DIRECTOR OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION FOR FEDERAL AGENCIES. Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended-- (1) in paragraph (19), by striking ``and'' at the end; (2) in paragraph (20), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(21) shall assist small business concerns participating in a SBIR or STTR program under section 9 with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement (as defined under section 9) with the concern) to market the research developed by such concern under such SBIR or STTR program; and ``(22) shall provide technical assistance to small business concerns participating in a SBIR or STTR program under section 9 to submit a bid for an award of a Federal contract, including coordination with procurement center representatives and the appropriate senior procurement executive for the agency letting the contract.''.

Stimulating Innovation through Procurement Act of 2017 This bill amends the Small Business Act to require: the Small Business Administration (SBA) to coordinate with the senior procurement executives of federal agencies participating in a Small Business Innovation Research (SBIR) Program or a Small Business Technology Transfer (STTR) Program to assist small businesses participating in such programs with commercializing research before the business is awarded a federal contract; the SBA to modify its policy directives to require procurement center representatives to assist small businesses participating in SBIR or STTR programs with researching solicitations for federal contracts and submitting bids; and each Office of Small and Disadvantaged Business Utilization to assist small businesses participating in SBIR or STTR programs with researching solicitations for federal contracts and submitting bids.

Stimulating Innovation through Procurement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cliff Alleviation at Last Minute Act'' or the ``CALM Act''. TITLE I--TAXES SEC. 101. PERMANENT EXTENSION AND GRADUAL INCREASE IN CERTAIN TAX RATES ON INCOME, CAPITAL GAINS, AND DIVIDENDS. (a) In General.--Notwithstanding section 901(a)(1) the Economic Growth and Tax Relief Reconciliation Act of 2001 and section 303 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to-- (1) the provisions of, and amendments made by, such Act, or (2) the amendments made by title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. (b) Income Tax Rates.--Subsection (i) of section 1 of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``, and before January 1, 2015'' after ``December 31, 2000'' in subparagraph (A), (2) by inserting ``(11.6 percent for taxable years beginning in 2013 and 13.3 percent for taxable years beginning in 2014)'' after ``10 percent'' in subparagraph (A)(i), and (3) by striking the last row in the table contained in paragraph (2) and inserting the following: ------------------------------------------------------------------------ ``2003 through 2012......... 25.0% 28.0% 33.0% 35.0% 2013........................ 26.0% 29.0% 34.0% 36.5% 2014........................ 27.0% 30.0% 35.0% 38.0% 2015 and thereafter......... 28.0% 31.0% 36.0% 39.6%''. ------------------------------------------------------------------------ (c) Capital Gains and Dividends.--Subparagraph (C) of section 1(h)(1) of the Internal Revenue Code of 1986 is amended by inserting ``(16.6 percent for taxable years beginning in 2013, 18.2 percent for taxable years beginning in 2014, and 20 percent for taxable years beginning after 2014)'' after ``15 percent''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 102. PERMANENT EXTENSION OF ESTATE TAX LAW. (a) In General.--Notwithstanding section 901(a)(2) the Economic Growth and Tax Relief Reconciliation Act of 2001 and section 303 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to-- (1) the provisions of, and amendments made by, title V of such Act, or (2) the amendments made by title III of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. (b) Exclusion Equivalent of Unified Credit Equal to $3,500,000.-- Subsection (c) of section 2010 of the Internal Revenue Code of 1986, as amended by sections 302(a)(1) and 303(a) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, is amended-- (1) by striking ``$5,000,000'' in paragraph (3)(A) and inserting ``$3,500,000'', (2) by striking ``2011'' in paragraph (3)(B) and inserting ``2013'', and (3) by striking ``2010'' in paragraph (3)(B)(ii) and inserting ``2012''. (c) Maximum Estate Tax Rate Equal to 45 Percent.--The table contained in subsection (c) of section 2001 of the Internal Revenue Code of 1986, as amended by section 302(a)(2) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, is amended by striking ``Over $500,000'' and all that follows and inserting the following: ``Over $500,000 but not over $750,000........ $155,800, plus 37 percent of the excess of such amount over $500,000. Over $750,000 but not over $1,000,000........ $248,300, plus 39 percent of the excess of such amount over $750,000. Over $1,000,000 but not over $1,250,000...... $345,800, plus 41 percent of the excess of such amount over $1,000,000. Over $1,250,000 but not over $1,500,000...... $448,300, plus 43 percent of the excess of such amount over $1,250,000. Over $1,500,000.............................. $555,800, plus 45 percent of the excess of such amount over $1,500,000.''. (d) Coordination With Gift Tax To Reflect Decrease in Applicable Credit Amount.--Section 2001 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Modification to Gift Tax To Reflect Reduced Applicable Credit Amount.--The amount determined under section 2505(a)(1) for each calendar year shall not exceed the estate's applicable credit amount under section 2010(c).''. (e) Repeal of Deadwood.-- (1) Sections 2011, 2057, and 2604 are hereby repealed. (2) The table of sections for part II of subchapter A of chapter 11 is amended by striking the item relating to section 2011. (3) The table of sections for part IV of subchapter A of chapter 11 is amended by striking the item relating to section 2057. (4) The table of sections for subchapter A of chapter 13 is amended by striking the item relating to section 2604. (f) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2012. TITLE II--DISCRETIONARY SPENDING CUTS SEC. 201. DISCRETIONARY SPENDING CUTS. (a) In General.--Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended-- (1) in paragraph (3), by adding at the end the following: ``In calculating the amount of the deficit reduction required for a fiscal year under this paragraph, OMB shall take into account any reduction in expenditures achieved for that fiscal year under the authority under section 1899B of the Social Security Act.''; (2) by striking paragraphs (5) through (10) and inserting the following: ``(5) Implementing reductions.-- ``(A) In general.--Subject to section 255, for each of fiscal years 2013 through 2021, OMB may determine from which accounts and in what amounts funds shall be reduced in order to achieve the reduction calculated pursuant to paragraph (3) and allocated pursuant to paragraph (4) for that year-- ``(i) to discretionary appropriations and direct spending accounts within function 050 (defense function); and ``(ii) to discretionary appropriations and direct spending accounts in all other functions (nondefense functions). ``(B) Report.--For each of fiscal years 2013 through 2021, OMB shall submit to Congress a report detailing from which accounts and in what amounts OMB has determined funds shall be reduced for the fiscal year under subparagraph (A). ``(C) Order.--For each of fiscal years 2013 through 2021, the President shall order a sequestration, effective upon issuance, to reduce accounts as determined under subparagraph (A).''; and (3) by redesignating paragraph (11) as paragraph (6). (b) Congressional Disapproval Procedures.-- (1) Definition.--In this subsection, the term ``joint resolution'' means only a joint resolution introduced after the date on which the report of the Office of Management and Budget under section 251A(5)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 relating to a fiscal year is received by Congress, the matter after the resolving clause of which is as follows: ``That Congress disapproves the reductions determined by the Office of Management and Budget for fiscal year ______ as detailed in the report submitted by the Office of Management and Budget on ______.'' (the blank spaces being appropriately filled in). (2) Effect of disapproval.--For each of fiscal years 2013 through 2021, and notwithstanding section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) (as amended by subsection (a)), if, within 60 days after the date on which Congress receives a report under section 251A(5)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985, Congress enacts a joint resolution disapproving the reductions determined by the Office of Management and Budget relating to that fiscal year-- (A) the President may not order a sequestration for that fiscal year under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, as in effect on the date of enactment of the joint resolution; and (B) the President shall order a sequestration for that fiscal year under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, as in effect on the day before the date of enactment of this Act. (3) Referral to committee.--A joint resolution introduced in the House of Representatives shall be referred to the Committee on the Budget of the House of Representatives. A joint resolution introduced in the Senate shall be referred to the Committee on the Budget of the Senate. Such a joint resolution may not be reported before the 8th day after its introduction. (4) Discharge of committee.--If the committee to which a joint resolution is referred has not reported such joint resolution at the end of 15 calendar days after its introduction, such committee shall be deemed to be discharged from further consideration of such joint resolution and such joint resolution shall be placed on the appropriate calendar of the House involved. (5) Floor consideration.-- (A) In general.--When the committee to which a joint resolution is referred has reported, or has been deemed to be discharged (under paragraph (4)) from further consideration of, a joint resolution, 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 joint resolution, and all points of order against the joint resolution (and against consideration of the joint 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 joint resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Debate on the joint 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 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, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint 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 joint 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 final passage of the joint 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 joint resolution shall be decided without debate. (6) Coordination with action by other house.--If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: (A) The joint resolution of the other House shall not be referred to a committee. (B) With respect to a joint resolution of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint 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 joint resolution, 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. TITLE III--ENTITLEMENT REFORM SEC. 301. ENTITLEMENT REFORM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``reforms ``Sec. 1899B. (a) In General.--Notwithstanding any provision of this title or any other provision of law, subject to subsection (b), for each of fiscal years 2014 through 2023, the Secretary shall implement reforms under this title that result in reduced expenditures under this title equal to $40,000,000,000 in the fiscal year. ``(b) Beneficiary Protections.--The provisions of section 1899A(c)(2)(A)(ii) shall apply to the reforms under subsection (a) in the same manner as such provisions apply to a proposal under section 1899A.''. TITLE IV--COMPREHENSIVE TAX REFORM SEC. 401. SENSE OF SENATE. It is the sense of the Senate that Congress should address comprehensive tax reform in the 113th Congress.

Cliff Alleviation at Last Minute Act or the CALM Act - Amends the Internal Revenue Code to: (1) provide for a phased increase in income and capital gain tax rates beginning in 2013 through 2015, and (2) establish a permanent maximum estate tax rate of 45% and a unified estate and gift tax credit of $3.5 million. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to authorize the Office of Management and Budget (OMB) to determine which defense and nondefense accounts will be reduced in FY2013-FY2021 to meet deficit reduction requirements and to report to Congress on its recommendations. Sets forth a congressional disapproval procedure for overriding OMB's recommendations. Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to implement reforms under Medicare that result in reduced expenditures equal to $40 billion in each of FY2014-FY2023. Expresses the sense of the Senate that Congress should address comprehensive tax reform in the 113th Congress.

A bill to alleviate the fiscal cliff, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dirty Bomb Prevention Act of 2003''. SEC. 2. SENSITIVE RADIOACTIVE MATERIAL SECURITY. (a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 170C. SENSITIVE RADIOACTIVE MATERIAL SECURITY. ``(a) Definitions.--In this section: ``(1) Sensitive radioactive material.-- ``(A) In general.--The term `sensitive radioactive material' means-- ``(i) a material-- ``(I) that is a source material, byproduct material, or special nuclear material; and ``(II) that is any other radioactive material (regardless of whether the material is or has been licensed or otherwise regulated under this Act) produced or made radioactive before or after the date of enactment of this section; and ``(ii) that is in such a form or quantity or concentration that the Commission determines, based on and consistent with the recommendations of the task force, should be classified as `sensitive radioactive material' that warrants improved security and protection against loss, theft, or sabotage. ``(B) Exclusion.--The term `sensitive radioactive material' does not include nuclear fuel or spent nuclear fuel. ``(2) Security threat.--The term `security threat' means-- ``(A) a threat of sabotage or theft of sensitive radioactive material; ``(B) a threat of use of sensitive radioactive material in a radiological dispersal device; and ``(C) any other threat of terrorist or other criminal activity involving sensitive radioactive material that could harm the health or safety of the public due primarily to radiological properties of the sensitive radioactive material, as determined by the Commission based on and consistent with the recommendations of the task force. ``(3) Task force.--The term `task force' means the task force on sensitive radioactive material security established by subsection (b). ``(b) Task Force on Sensitive Radioactive Material Security.-- ``(1) Establishment.--There is established a task force on sensitive radioactive material security. ``(2) Membership.--The task force shall be comprised of-- ``(A) the chairman of the Commission, who shall serve as chairperson of the task force; ``(B) the Secretary of Defense; ``(C) the Secretary of Transportation; ``(D) the Administrator of the Environmental Protection Agency; ``(E) the Attorney General; ``(F) the Secretary of State; ``(G) the Director of the Central Intelligence Agency; ``(H) the Secretary of Health and Human Services; ``(I) the Director of the Federal Emergency Management Agency; and ``(J) the Secretary of Homeland Security. ``(c) Duties.-- ``(1) In general.--The task force shall-- ``(A) evaluate the security of sensitive radioactive material against security threats; and ``(B) recommend administrative and legislative actions to be taken to provide the maximum practicable degree of security against security threats. ``(2) Considerations.--In carrying out paragraph (1), the task force shall make recommendations to-- ``(A) determine the radioactive materials that should be classified as sensitive radioactive materials; ``(B) develop a classification system for sensitive radioactive materials that-- ``(i) is based on the potential for use by terrorists of sensitive radioactive material and the extent of the threat to public health and safety posed by that potential; and ``(ii) takes into account-- ``(I) radioactivity levels of sensitive radioactive material; ``(II) the dispersibility of sensitive radioactive material; ``(III) the chemical and material form of sensitive radioactive material; ``(IV) the availability of pharmaceuticals containing sensitive radioactive materials for use by physicians in treating patients; and ``(V) other appropriate factors; ``(C) develop a national system for recovery of sensitive radioactive material that is lost or stolen, taking into account the classification system established under subparagraph (B); ``(D) provide for the storage of sensitive radioactive material that is not currently in use in a safe and secure manner; ``(E) develop a national tracking system for sensitive radioactive material, taking into account the classification system established under subparagraph (B); ``(F) develop methods to ensure the return or proper disposal of sensitive radioactive material; ``(G) modify current export controls on sensitive radioactive materials so that, to the extent feasible, exports from the United States of sensitive radioactive materials are made only to foreign recipients that are willing and able to control the sensitive radioactive materials in the same manner as recipients in the United States; and ``(H) establish procedures to improve the security of sensitive radioactive material in use, transportation, and storage. ``(3) Procedures to improve security.--The procedures to improve the security of sensitive radioactive material under paragraph (2)(H) may include-- ``(A) periodic audits or inspections by the Commission to ensure that sensitive radioactive material is properly secured and can be fully accounted for; ``(B) evaluation by the Commission of security measures taken by persons that possess sensitive radioactive material; ``(C) imposition of increased fines for violations of regulations relating to security and safety measures applicable to licensees that possess sensitive radioactive material; ``(D) conduct of background checks on individuals with access to sensitive radioactive material; ``(E) measures to ensure the physical security of facilities in which sensitive radioactive material is stored; and ``(F) screening of shipments of sensitive radioactive material to facilities that are particularly at risk for sabotage to ensure that the shipments do not contain explosives. ``(d) Report.--Not later than 90 days after the date of enactment of this section, and not less frequently than once every 3 years thereafter, the task force shall submit to the President and Congress a report in unclassified form (with a classified annex, if necessary) describing the administrative and legislative actions recommended under subsection (c)(1). ``(e) Administrative Action.--Not later than 60 days after the date of submission of the report under subsection (d), the Commission shall, based on and consistent with the recommendations of the task force, take such actions as are appropriate to-- ``(1) revise the system for licensing sensitive radioactive materials based on and consistent with the recommendations of the task force; and ``(2) ensure that States that have entered into an agreement under section 274b. establish compatible programs in a timely manner.''. (b) Technical and Conforming Amendment.--The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end of the item relating to chapter 14 the following: ``Sec. 170B. Uranium supply. ``Sec. 170C. Sensitive Radioactive Material Security.''.

Dirty Bomb Prevention Act of 2003 - Amends the Atomic Energy Act of 1954 to establish the task force on sensitive radioactive material security to: (1) evaluate the security of sensitive radioactive material against security threats; and (2) recommend administrative and legislative actions to be taken to provide the maximum practicable degree of security against such threats. Prescribes implementation guidelines.

A bill to amend the Atomic Energy Act of 1954 to strengthen the security of sensitive radioactive material.

SECTION 101. SHORT TITLE. This Act may be cited as the ``Welfare-to-Work Microloan Pilot Program Act of 1997''. SEC. 102. FINDINGS. Congress finds that-- (1) the microloan demonstration program of the Small Business Administration, established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)), has been a successful method of assisting women, low-income and minority entrepreneurs and business owners, and others by providing access to small-scale loans and technical assistance, which enables these individuals to operate successful business concerns; (2) some welfare recipients who become borrowers under the microloan demonstration program have been able to eliminate their dependence on welfare and operate successful business concerns as a result of assistance received through the microloan demonstration program; (3) welfare recipients who become borrowers under the microloan demonstration program often require more intensive management, marketing, and technical assistance than other borrowers under that program; and (4) the lack of affordable or available child care and transportation is often a barrier to individuals wishing to eliminate their dependence on welfare and establish a small business. SEC. 103. WELFARE-TO-WORK MICROLOAN PILOT PROGRAM. (a) Establishment.--Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (1) in paragraph (1)(A)-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iv) to establish a welfare-to-work microloan pilot program, which shall be administered by the Administration, in order to-- ``(I) test the feasibility of increasing the dollar amount of technical assistance grants provided under clauses (ii) and (iii) of subparagraph (B) to individuals who are receiving assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), or under any comparable State-funded means-tested program of assistance for low-income individuals, in order to adequately assist those individuals in-- ``(aa) establishing small businesses; and ``(bb) eliminating their dependence on that assistance; ``(II) permit the increased technical assistance grants described in subclause (I) to be used to subsidize child care and transportation costs of individuals described in subclause (I) who become microborrowers; ``(III) eliminate barriers to microborrowers in establishing child care businesses; and ``(IV) evaluate the effectiveness of assistance provided under this clause in helping individuals described in subclause (I) to eliminate their dependence on assistance described in that subclause and become employed either in their own business or in another business.''; (2) in paragraph (4), by adding at the end the following: ``(F) Supplemental grants.-- ``(i) In general.--In addition to grants under subparagraphs (A) and (C) and paragraph (5), the Administration may select from participating intermediaries and grant recipients not more than 30 entities, each of whom may receive annually a supplemental grant in an amount not to exceed $500,000 for the purpose of providing additional technical assistance to borrowers or prospective borrowers who are receiving assistance described in paragraph (1)(A)(iv)(I) at the time they initially apply for assistance under the program. ``(ii) Inapplicability of contribution requirements.--The contribution requirements of subparagraphs (B) and (C)(i)(II) do not apply to any grant made under this subparagraph. ``(iii) Childcare and transportation costs.--Any grant made under this subparagraph may be used to defray the costs of child care and transportation incurred by a borrower or potential borrower under the welfare-to-work microloan pilot program under paragraph (1)(A)(iv).''; (3) in paragraph (6), by adding at the end the following: ``(E) Establishment of child care establishments.-- In addition to small business concerns, borrowers under any program under this subsection may include individuals who will use the loan proceeds to establish for-profit or nonprofit child care or elder care establishments.''; (4) in paragraph (9)-- (A) in the subparagraph heading, by striking ``for intermediaries''; and (B) by adding at the end the following: ``(C) Welfare-to-work microloan pilot program.--Of amounts made available to carry out the welfare-to-work microloan pilot program under paragraph (1)(A)(iv) in any fiscal year, the Administration may use not more than 5 percent to provide technical assistance, either directly or through contractors, to welfare-to-work microloan pilot program grantees, or to those seeking to become grantees, to ensure that, as grantees, they have the knowledge, skills, and understanding of microlending and welfare-to-work transition, and other related issues, to operate a successful welfare-to-work microloan pilot program.''; and (5) by adding at the end the following: ``(13) Evaluation of welfare-to-work microloan pilot program.--On January 31, 1999, and annually thereafter, the Administration shall submit to the Committees on Small Business of the Senate and the House of Representatives a report on the welfare-to-work microloan pilot program authorized under paragraph (1)(A)(iv), which report shall include, with respect to the preceding fiscal year, an analysis of the progress and effectiveness of the program during that fiscal year, and data relating to-- ``(A) the number and location of each grantee under the program; ``(B) the amount of each grant; ``(C) the number of individuals who received assistance under each grant, including separate data relating to-- ``(i) the number of individuals who received training; ``(ii) the number of individuals who received transportation assistance; and ``(iii) the number of individuals who received childcare assistance (including the number of children assisted); ``(D) the type and amount of loan and grant assistance received by borrowers and prospective borrowers under the program; ``(E) the number of businesses that were started with assistance provided under the program that are operational and the number of jobs created by each business; ``(F) the number of individuals receiving training under the program who, after receiving assistance under the program-- ``(i) are employed in their own businesses; ``(ii) are employed in a business other than their own; ``(iii) are not employed; or ``(iv) are receiving public assistance for themselves or their children. ``(G) whether and to what extent each grant was used to defray the transportation and child care costs of borrowers; and ``(H) any recommendations for legislative changes to improve program operations.''. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out the welfare-to-work microloan pilot program under section 7(m)(1)(A)(iv) of the Small Business Act (15 U.S.C. 636(m)(1)(A)(iv)), as added by this section, $10,000,000 for each of fiscal years 1998, 1999, and 2000.

Welfare-to-Work Microloan Pilot Program Act of 1997 - Amends the Small Business Act to establish under the Microloan Demonstration Program a welfare-to-work microloan pilot program which increases the technical assistance grants provided to individuals receiving assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act or other comparable State-funded programs in order to assist such individuals in establishing small businesses and eliminating their dependence on such assistance. Allows such grants to be used to subsidize child care and transportation costs or to establish child or elder care centers. Directs the Small Business Administration to report annually to the small business committees on such pilot program. Authorizes appropriations for FY 1998 through 2000.

Welfare-to-Work Microloan Pilot Program Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Official Mail Accountability Act of 1994''. SEC. 2. REPEAL OF FRANK; REQUIREMENTS RELATING TO THE USE OF OFFICIAL MAIL. (a) Official Mail Transmitted by the Vice President, Members of Congress, and Congressional Officials.--Section 3210 of title 39, United States Code, is amended-- (1) in subsection (a)-- (A) by striking out ``mail as franked mail'' in paragraph (1) and inserting in lieu thereof ``official mail''; (B) by striking out ``frankable'' in paragraph (3) and inserting in lieu thereof ``official mail''; (C) by striking out ``under the franking privilege'' in paragraph (3)(I) and inserting in lieu thereof ``as official mail''; (D) in paragraph (4)-- (i) by striking out ``the franking privilege'' in paragraph (4) and inserting in lieu thereof ``official mail''; and (ii) by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; (E) in paragraph (5)-- (i) by striking out ``franked mail'' in the matter that precedes subparagraph (A) and inserting in lieu thereof ``official mail''; and (ii) by striking out ``frankable mail'' in subparagraph (B)(i) and inserting in lieu thereof ``official mail''; and (F) by striking out ``franked mail'' in subparagraphs (A) and (C) of paragraph (6) and inserting in lieu thereof ``official mail''; (2) in subsection (b)-- (A) by striking out ``franked mail'' both places it appears in paragraph (1) and inserting in lieu thereof ``official mail''; (B) by striking out ``franking privilege'' and inserting in lieu thereof ``under paragraph (1)''; and (C) by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; (3) in subsection (c), by striking out ``Franked mail'' both places it appears and inserting in lieu thereof ``Official mail''; (4) in subsection (d)-- (A) by striking out ``franked mail'' each place it appears in paragraphs (1) through (6) and inserting in lieu thereof ``official mail''; and (B) by striking out ``Franked mail'' and inserting in lieu thereof ``Official mail''; (5) by striking out subsection (e); (6) in subsection (f)-- (A) by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; (B) by striking out ``frankable mass mailing'' and inserting in lieu thereof ``official mail mass mailing''; and (C) by striking out ``frankable'' and inserting in lieu thereof ``official mail''; and (7) in subsection (g)-- (A) by striking out ``franked mail mailed under the frank of the Vice President or a Member of Congress'' and inserting in lieu thereof ``official mail mailed under this section''; (B) by striking out ``frankable'' and inserting in lieu thereof ``official mail''; and (C) by striking out ``frank'' and inserting in lieu thereof ``section''; and (8) by amending the section heading to read as follows: ``Sec. 3210. Official mail transmitted by the Vice President, Members of Congress, and congressional officials''. (b) Public Documents.--Section 3211 of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (c) Congressional Record as Official Mail of Members of Congress.-- Section 3212 of such title is amended-- (1) by striking out ``franked mail'' each place it appears and inserting in lieu thereof ``official mail''; and (2) by amending the section heading to read as follows: ``Sec. 3212. Congressional Record as official mail of Members of Congress''. (d) Seeds and Reports from the Department of Agriculture.--Section 3213 of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (e) Mailing Privilege of Former President; Surviving Spouse of Former President.--Section 3214 of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (f) Lending or Permitting Use of Frank.--Section 3215 of such title is repealed. (g) Reimbursement for Official Mailings.--Section 3216 of such title-- (1) in subsection (a)-- (A) by striking out ``under the franking privilege'' in paragraph (1)(A) and inserting in lieu thereof ``as official mail''; (B) by striking out ``franked mail'' in paragraph (2) and inserting in lieu thereof ``official mail''; and (C) by striking out the last sentence thereof; (2) in subsection (c), by striking out ``under the frank'' and inserting in lieu thereof ``as official mail''; (3) in subsection (d), by striking out ``under the franking privilege'' and inserting in lieu thereof ``as official mail''; (4) in subsection (e)(1), by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; and (5) by amending the section heading to read as follows: ``Sec. 3216. Reimbursement for official mailings''. (h) Franked Mail for Survivors of Members of Congress.--Section 3218 of such title is amended-- (1) by striking out ``franked mail'' and inserting in lieu thereof ``official mail''; and (2) by amending the section heading to read as follows: ``Sec. 3218. Official mail for survivors of Members of Congress''. (i) Mailgrams.--Section 3219 of such title is amended by striking out ``franked mail'' both places it appears and inserting in lieu thereof ``official mail''. (j) Use of Official Mail in the Location and Recovery of Missing Children.--Section 3220(b) of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (k) Definitions.--Section 3201 of such title is amended-- (1) in paragraph (1), by striking out ``other than franked mail'' and inserting in lieu thereof ``other than official mail subject to section 3210 of this title''; and (2) by striking out paragraphs (3) and (4). (l) Shipment by Most Economical Means.--Section 3208 of such title is amended by striking out ``other than franked mail''. (m) Tables of Sections and Chapters.--(1) The chapter heading and table of sections at the beginning of chapter 32 of such title are amended to read as follows: ``CHAPTER 32--PENALTY AND OFFICIAL MAIL ``Sec. ``3201. Definitions. ``3202. Penalty mail. ``3203. Endorsements on penalty covers. ``3204. Restrictions on use of penalty mail. ``3205. Accounting for penalty covers. ``3206. Reimbursement for penalty mail service. ``3207. Limit of weight of penalty mail; postage on overweight matter. ``3208. Shipment by most economical means. ``3209. Executive departments to supply information. ``3210. Official mail transmitted by the Vice President, Members of Congress, and congressional officials. ``3211. Public documents. ``3212. Congressional Record as official mail of Members of Congress. ``3213. Seeds and reports from Department of Agriculture. ``3214. Mailing privilege of former President; surviving spouse of former President. ``3215. [repealed] ``3216. Reimbursement for official mailings. ``3217. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain. ``3218. Official mail for survivors of Members of Congress. ``3219. Mailgrams. ``3220. Use of official mail in the location and recovery of missing children.''. (2) The item in the table of chapters at the beginning of part IV of such title is amended to read as follows: ``32. Penalty and official mail............................. 3201''. SEC. 3. AMENDMENTS RELATING TO THE CONGRESS. (a) Official Mail Privileges of Former Speakers.--The provisions of H. Res. 1238, Ninety-first Congress, as enacted into permanent law by the Supplemental Appropriations Act, 1971 (84 Stat. 1989), as extended to former Speakers of the House of Representatives by Public Law 93-532 (88 Stat. 1723), are deemed to be amended by substituting ``official mail'' for ``franked mail'' each place it appears. (b) Transportation of Official Records and Papers to House Member's District.--The provisions of H. Res. 1280, Ninety-fifth Congress, and House Resolution 1297, Ninety-fifth Congress, as enacted into permanent law by Public Law 98-51 (97 Stat. 269) are deemed to be amended by substituting ``official mail'' for ``franked mail''. (c) Official Mail of Certain Persons Formerly Entitled to Use the Congressional Frank.--Section 311 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e) is amended-- (1) by striking out ``entitled to use the congressional frank'' each place it occurs and inserting in lieu thereof ``entitled to send congressional official mail''; and (2) in subsections (a)(3) and (g), by striking out ``the frank'' and inserting in lieu thereof ``official mail''; and (3) in subsection (e)(2)(A), by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (d) Mass Mailing Information by Senators.--Section 320 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59g) is amended by striking out ``under the frank'' and inserting in lieu thereof ``as official mail''. (e) House Commission on Congressional Mailing Standards.--Section 5 of Public Law 93-191 (2 U.S.C. 501) is amended-- (1) in subsection (d), by striking out ``franked mail'' both places it appears and inserting in lieu thereof ``official mail''; and (2) in the ninth sentence of subsection (e), by striking out ``franking laws'' and all that follows through ``franked mail'' and inserting in lieu thereof ``or abuse of the official mailing laws by any person listed under subsection (d) of this section as entitled to send mail as official mail''. (f) Select Committee on Standards and Conduct.--Section 6 of Public Law 93-191 (2 U.S.C. 502) is amended-- (1) in subsection (a)-- (A) by striking out ``franked mail'' both places it appears and inserting in lieu thereof ``official mail''; and (B) by striking out ``the franking privilege'' and inserting in lieu thereof ``official mail''; (2) in subsection (c), by striking out ``franking laws'' and all that follows through ``franked mail'' and inserting in lieu thereof ``or abuse of the official mailing laws by any person listed under subsection (a) of this section as entitled to send mail as official mail''. (g) House Legislative Counsel.--Section 525 of Public Law 91-510 (2 U.S.C. 282d) is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''. (h) Documents and Reports.--(1) The second and third undesignated paragraphs of section 733 of title 44, United States Code, are repealed. (2) Section 907 of such title is amended by striking out ``franked mail'' and inserting in lieu thereof ``official mail''.

Official Mail Accountability Act of 1994 - Replaces references to the franking privilege and franked mail in specified Federal law with references to official mail (thus, eliminating the franking privilege).

Official Mail Accountability Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Trail Interpretive Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the nineteenth century westward movement in the United States over the California National Historic Trail, which occurred from 1840 until the completion of the transcontinental railroad in 1869, was an important cultural and historical event in-- (A) the development of the western land of the United States; and (B) the prevention of colonization of the west coast by Russia and the British Empire; (2) the movement over the California Trail was completed by over 300,000 settlers, many of whom left records or stories of their journeys; and (3) additional recognition and interpretation of the movement over the California Trail is appropriate in light of-- (A) the national scope of nineteenth century westward movement in the United States; and (B) the strong interest expressed by people of the United States in understanding their history and heritage. (b) Purposes.--The purposes of this Act are-- (1) to recognize the California Trail, including the Hastings Cutoff and the trail of the ill-fated Donner-Reed Party, for its national, historical, and cultural significance; and (2) to provide the public with an interpretive facility devoted to the vital role of the California Trail and other trails in the West in the development of the United States. SEC. 3. DEFINITIONS. In this Act: (1) California trail.--The term ``California Trail'' means the California National Historic Trail, established under section 5(a)(18) of the National Trails System Act (16 U.S.C. 1244(a)(18)). (2) Center.--The term ``Center'' means the California Trail Interpretive Center established under section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (4) State.--The term ``State'' means the State of Nevada. SEC. 4. CALIFORNIA TRAIL INTERPRETIVE CENTER. (a) Establishment and Operation.--In furtherance of the purposes of section 7(c) of the National Trails System Act (16 U.S.C. 1246(c)), the Secretary may establish and operate an interpretive center, to be known as the ``California Trail Interpretive Center'', near the city of Elko, Nevada, to preserve and interpret the history of development and use of the California Trail in the settling of the American West. (b) Development Plan.--The Secretary shall prepare a plan for the establishment and operation of the Center that includes-- (1) a detailed description of the design of the Center; (2) a description of the site on which the Center is to be located; (3) a description of the method and estimated cost of acquisition of the site on which the Center is to be located; (4) an estimate of the cost of construction of the Center; (5) an estimate of the cost of operation and maintenance of the Center; and (6) a description of the manner and extent to which non- Federal entities will participate in the acquisition, construction, and operation of the Center. (c) Special Considerations.-- (1) Master plan study.--In preparing the development plan required by subsection (b) and establishing the Center, the Secretary shall consider the findings contained in the master plan study for the California Trail Interpretive Center prepared pursuant to the authorization on page 15 of Senate Report 106-99 to accompany the Department of the Interior and Related Agencies Appropriations Bill, 2000 (S. 1292). (2) Local participation.--The Secretary may provide for local review of, and input concerning, the establishment and operation of the Center by the Advisory Board for the National Historic California Emigrant Trails Interpretive Center of the city of Elko, Nevada. (d) Acquisition Authority.--The Secretary may acquire land and interests in land for the construction of the Center by-- (1) donation; (2) purchase with donated or appropriated funds; or (3) exchange. (e) Operation and Maintenance Budget.--The Secretary shall periodically prepare a budget and funding request for the maintenance and operation of the Center. (f) Cooperative Agreements.--The Secretary may enter into a cooperative agreement with-- (1) the State regarding the provision by the State of assistance in-- (A) the removal of snow from roads serving the Center; (B) rescue, firefighting, and law enforcement services for the Center; and (C) the coordination of activities of nearby law enforcement and firefighting departments or agencies; and (2) a Federal, State, or local agency to develop or operate facilities and services to carry out this Act. (g) Acceptance and Use of Contributions.-- (1) Authority to accept.--Notwithstanding any other provision of law, the Secretary may accept donations of funds, property, or services from an individual, foundation, corporation, or public entity to assist the Secretary in establishing or operating the Center. (2) State and local contributions.--The Secretary shall accept contributions for the Center (to be payable during the construction of the Center) from-- (A) the State, in the amount of $3,000,000; (B) Elko County, Nevada, in the amount of $1,000,000; and (C) the city of Elko, Nevada, in the amount of $2,000,000. (3) Use of contributions.--The Secretary shall use contributions received under this subsection to establish and operate the Center. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary $12,000,000 to establish the Center.

Instructs the Secretary to: (1) prepare a development plan according to prescribed guidelines; and (2) consider the findings of a certain master plan study for such Center. Authorizes appropriations.

California Trail Interpretive Center Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Networking Online Protection Act''. SEC. 2. EMPLOYER ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING WEBSITES. (a) Conduct Prohibited.--It shall be unlawful for any employer-- (1) to require or request that an employee or applicant for employment provide the employer with a user name, password, or any other means for accessing a private email account of the employee or applicant or the personal account of the employee or applicant on any social networking website; or (2) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or applicant for employment because-- (A) the employee or applicant for employment refuses or declines to provide a user name, password, or other means for accessing a private email account of the employee or applicant or the personal account of the employee or applicant on any social networking website; or (B) such employee or applicant for employment has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding. (b) Enforcement.-- (1) Civil penalties.-- (A) In general.--Subject to paragraph (2), any employer who violates any provision of this Act may be assessed a civil penalty of not more than $10,000. (B) Determination of amount.--In determining the amount of any penalty under paragraph (1), the Secretary of Labor shall take into account the previous record of the person in terms of compliance with this Act and the gravity of the violation. (C) Collection.--Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of section 503 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853) with respect to civil penalties assessed under subsection (a) of such section. (2) Injunctive actions by the secretary of labor.--The Secretary of Labor may bring an action under this section to restrain violations of this Act. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this Act, including such legal or equitable relief incident thereto as may be appropriate, including, employment, reinstatement, promotion, and the payment of lost wages and benefits. SEC. 3. INSTITUTION OF HIGHER EDUCATION ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING WEBSITES. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1095(a)) is amended by adding at the end the following: ``(30)(A) The institution will not-- ``(i) require or request that a student or potential student provide the institution with a user name, password, or any other means for accessing a private email account of the student or potential student or the personal account of the student or potential student on any social networking website; or ``(ii) discharge, discipline, discriminate against in any manner, or deny admission to, suspend, or expel, or threaten to take any such action against, any student or potential student because-- ``(I) the student or potential student refuses or declines to provide a user name, password, or other means for accessing a private email account of the student or potential student or the personal account of the student or potential student on any social networking website; or ``(II) such student or potential student has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph or has testified or is about to testify in any such proceeding. ``(B) For purposes of this paragraph, the term `social networking website' has the meaning given such term in section 5(2) of the Social Networking Online Protection Act.''. SEC. 4. LOCAL EDUCATIONAL AGENCY ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING WEBSITES. (a) In General.--Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1094 et seq.) is amended by adding at the end the following new section: ``SEC. 9537. PROHIBITION ON ACCESS TO PERSONAL ACCOUNTS OF STUDENTS. ``(a) In General.--No local educational agency receiving funds under this Act may-- ``(1) require or request that a student or potential student provide the agency or a school served by the agency with a user name, password, or any other means for accessing a private email account of the student or potential student or the personal account of the student or potential student on any social networking website; or ``(2) discharge, discipline, discriminate against in any manner, or deny admission to, suspend, or expel, or threaten to take any such action against, any student or potential student because-- ``(A) the student or potential student refuses or declines to provide a user name, password, or other means for accessing a private email account of the student or potential student or the personal account of the student or potential student on any social networking website; or ``(B) such student or potential student has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph or has testified or is about to testify in any such proceeding. ``(b) Definition.--For purposes of this subsection, the term `social networking website' has the meaning given such term in section 5(2) of the Social Networking Online Protection Act.''. (b) Clerical Amendment.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 9536, the following new item: ``Sec. 9537. Prohibition on access to personal accounts of students.''. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``employer'' means any person acting directly or indirectly in the interest of an employer in relation to an employee or an applicant for employment; and (2) the term ``social networking website'' means any Internet service, platform, or website that provides a user with a distinct account-- (A) whereby the user can access such account by way of a distinct user name, password, or other means distinct for that user; and (B) that is primarily intended for the user to upload, store, and manage user-generated personal content on the service, platform, or website.

Social Networking Online Protection Act - Prohibits employers from: (1) requiring or requesting that an employee or applicant for employment provide a user name, password, or any other means for accessing a private email account or personal account on a social networking website; or (2) discharging, disciplining, discriminating against, denying employment or promotion to, or threatening to take any such action against any employee or applicant who refuses to provide such information, files a compliant or institutes a proceeding under this Act, or testifies in any such proceeding. Sets forth, with respect to employer violations of this Act: (1) civil penalities; (2) the authority of the Secretary of Labor to bring injunctive actions; and (3) the jurisdiction of U.S. district courts to provide legal or equitable relief including employment, reinstatement, promotion, and payment of lost wages and benefits. Amends the Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965 to prohibit certain institutions of higher education and local educational agencies from requesting such password or account information from students or potential students. Prohibits denial of admission, suspension, expulsion, and other discipline or discrimination against students who decline to provide such information, file a complaint, institute a proceeding, or testify in any related proceeding.

To prohibit employers and certain other entities from requiring or requesting that employees and certain other individuals provide a user name, password, or other means for accessing a personal account on any social networking website.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fresh Start Act of 2010''. SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: ``SUBCHAPTER D--EXPUNGEMENT ``Sec. ``3631. Expungement of certain criminal records in limited circumstances. ``3632. Requirements for expungement. ``3633. Procedure for expungement. ``3634. Effect of expungement. ``3635. Reversal of expunged records. ``Sec. 3631. Expungement of certain criminal records in limited circumstances ``(a) In General.--Any eligible individual convicted of a nonviolent offense may file a petition under this subchapter for expungement with regard to that nonviolent offense. ``(b) Definition of Nonviolent Offense.--In this subchapter, the term `nonviolent offense' means any offense under this title that-- ``(1) is not a crime of violence (as such term is defined in section 16 of title 18, United States Code); or ``(2) is not an offense that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. ``Sec. 3632. Requirements for expungement ``An individual is eligible for expungement under this subchapter if that individual-- ``(1) at the time of filing, had never been convicted of any criminal offense (including any offense under State law) other than the nonviolent offense for which expungement is sought; and ``(2) has fulfilled all requirements of the sentence of the court in which the individual was convicted of that nonviolent offense, including-- ``(A) paying all fines, restitutions, or assessments; ``(B) completion of any term of imprisonment or period of probation; ``(C) meeting all conditions of a supervised release; and ``(D) if so required by the terms of the sentence, remaining free from dependency on or abuse of alcohol or a controlled substance for a period of not less than 1 year. ``Sec. 3633. Procedure for expungement ``(a) Petition.--A petition for expungement may be filed only in the court in which the petitioner was convicted of the nonviolent offense for which expungement is sought. The clerk of the court shall serve that petition on the United States Attorney for that district. Except as provided under subsection (d), not later than 60 days after service of such petition, the United States Attorney may submit recommendations to the court and provide a copy of those recommendations to the petitioner. ``(b) Submission of Evidence.--The petitioner and the Government may file with the court evidence relating to the petition. ``(c) Basis for Decision.--In making a decision on the petition, the court shall consider all evidence and weigh the interests of the petitioner against the best interests of justice and public safety. ``(d) Subsequent Petition.--If the court denies the petition, the petitioner may not file another such petition until the date that is 2 years after the date of such denial. ``(e) Mandatory Grant of Petition.-- ``(1) In general.--Except as provided in paragraph (2), the court shall grant the petition of an eligible petitioner who files the petition on a date that is not earlier than the date that is 7 years after the date on which the petitioner has fulfilled all requirements of the sentence. The United States Attorney may not submit recommendations under subsection (a) with regard to that petition. ``(2) Exceptions.--The court may not grant under this subsection the petition of a petitioner who has committed a nonviolent offense that is one of the following: ``(A) Any offense under this title that causes the petitioner to be required to register under the Sexual Offender Registration and Notification Act. ``(B) Any offense under this title that causes a victim or victims to sustain a loss of not less than $10,000. ``Sec. 3634. Effect of expungement ``(a) In General.--An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the nonviolent offense that was the subject of the expungement. ``(b) No Disqualification; Statements.--An individual whose petition under this subchapter is granted shall not be required to divulge information pertaining to the nonviolent offense with regard to which expungement is sought, nor shall such individual be held under any provision of law guilty of perjury, false answering, or making a false statement by reason of the failure of the individual to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of the individual for any purpose. The fact that such individual has been convicted of the nonviolent offense concerned shall not operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession. ``(c) Records Expunged or Sealed.--Except as provided under section 3635, on the grant of a petition under this subchapter, the following shall be expunged: ``(1) Any official record relating to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought. ``(2) Any reference in any official record to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought. ``(d) Exceptions.--The Attorney General may make rules providing for exceptions to subsection (c) as the Attorney General determines necessary to serve the interests of justice and public safety. ``(e) Reversal of Expungement.--The records or references expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual is convicted of any Federal or State offense after the date of expungement. ``Sec. 3635. Disclosure of expunged records ``(a) Record of Disposition To Be Retained.--The Attorney General shall retain an unaltered nonpublic copy of-- ``(1) any record that is expunged; and ``(2) any record containing a reference that is expunged. ``(b) Law Enforcement Purposes.--The Attorney General shall maintain a nonpublic index of the records described under subsection (a) containing, for each such record, only the name of, and alphanumeric identifiers that relate to, the individual who is the subject of such record, the word `expunged', and the name of the person, agency, office, or department that has custody of the expunged record, and shall not name the offense committed. The index shall be made available only to an entity to which records may be made available under subsection (d) or to any Federal or State law enforcement agency that has custody of such records. ``(c) Authorized Disclosures.-- ``(1) In general.--Except as provided in paragraph (2), any record described in subsection (a) pertaining to an individual may be made available only-- ``(A) to a Federal or State court or Federal, State, or local law enforcement agency, in the case of a criminal investigation or prosecution of an individual or in conducting a background check on an individual who has applied for employment by such court or agency; or ``(B) to any State or local agency with responsibility for the issuance of licenses to possess firearms, in the case of an individual applying for such a license. ``(2) Authorized disclosure to individuals.--On application of the individual to whom a record described under subsection (a) pertains, that record may be made available to the individual. ``(d) Punishment for Improper Disclosure.--Whoever intentionally makes or attempts to make a disclosure, other than a disclosure authorized under subsection (c), of any record or reference that is expunged under this subchapter shall be fined under this title or imprisoned not more than one year, or both.''. (b) Clerical Amendment.--The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item: ``D. Expungement............................................ 3631''. (c) Effective Date.--The amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of enactment of this Act. SEC. 3. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS PROGRAM FOR STATES TO IMPLEMENT CERTAIN EXPUNGEMENT PROCEDURES AND REQUIREMENTS. Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following new subsection: ``(i) Payment Incentives for States To Implement Certain Expungement Procedures and Requirements.-- ``(1) Payment incentives.-- ``(A) Bonus.--In the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) under this subpart and that has in effect throughout the State for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of Chapter 229 of title 18, United States Code, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 5 percent. ``(B) Penalty.--In the case of a State that receives funds for a fiscal year (beginning with fiscal year 2011) under this subpart and that does not have in effect throughout the State for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of Chapter 229 of title 18, United States Code, the amount of such funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be decreased by 5 percent. ``(2) Reports.--The Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that, with respect to the year involved-- ``(A) lists the States that have (and those States which do not have) in effect throughout the State laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of Chapter 229 of title 18, United States Code; and ``(B) describes the increases granted to States under paragraph (1)(A), the penalties imposed on States under paragraph (1)(B), and the amounts that States being penalized under paragraph (1)(B) would have received if such States had in effect laws described in subparagraph (A) of this paragraph. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection for each of the fiscal years 2011 through 2015, in addition to funds made available under section 508, such sums as may be necessary, but not to exceed the amount that is 5 percent of the total amount appropriated pursuant to such section for such fiscal year.''.

Fresh Start Act of 2010 - Amends the federal criminal code to allow an individual convicted of a nonviolent criminal offense to file a petition for expungement of the record of such conviction. Allows expungement if such individual: (1) has never been convicted of any criminal offense other than the nonviolent offense for which expungement is sought; (2) has fulfilled all requirements of the sentence of the court, including payment of all fines, restitution, or assessments and completion of terms of imprisonment and probation; and (3) has remained free (if required by the court's sentence) from dependency on or abuse of alcohol or a controlled substance for at least one year. Requires the Attorney General to maintain an unaltered nonpublic copy of expunged criminal records, to be disclosed for limited purposes to federal, state, or local law enforcement agencies. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase by 5% grant funding under the Edward Byrne Memorial Justice Assistance Grant Program to states that implement expungement procedures substantially similar to the procedures enacted by this Act. Decreases such grant funding by 5% for states that fail to adopt expungement procedures.

To permit expungement of records of certain nonviolent criminal offenses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Nursing Facility Quality Improvement Act of 2005''. SEC. 2. QUALITY IMPROVEMENT FOR NURSING FACILITIES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Incentives for Immediate Improvement and Protection of Needed Training Programs.-- (1) Medicare program.--Section 1819(f)(2) of the Social Security Act (42 U.S.C. 1395i-3(f)(2)) is amended-- (A) in subparagraph (B)-- (i) by adding ``and'' at the end of clause (i); (ii) by striking ``; and'' at the end of clause (ii) and inserting a period; and (iii) by striking clause (iii); and (B) by striking subparagraphs (C) and (D). (2) Medicaid program.--Section 1919(f)(2) of such Act (42 U.S.C.1396r(f)(2)) is amended-- (A) in subparagraph (B)-- (i) by adding ``and'' at the end of clause (i); (ii) by striking ``; and'' at the end of clause (ii) and inserting a period; and (iii) by striking clause (iii); and (B) by striking subparagraphs (C) and (D). (b) Specified Remedies.-- (1) Medicare program.--Section 1819(h)(2)(B) of such Act (42 U.S.C. 1395i-3(h)(2)(B)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) Disapproval of nurse aide training and competency evaluation programs.--In consultation with the State, the Secretary may disapprove nurse aide training and competency evaluation programs offered by the facility.''. (2) Medicaid program.--Section 1919(h)(2)(A) of such Act (42 U.S.C. 1396r(h)(2)(A)) is amended-- (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (B) by inserting after clause (ii) the following new clause: ``(iii) In consultation with the State, the Secretary may disapprove nurse aide training and competency evaluation programs offered by the facility.''. (c) Promoting Innovation and Quality Improvement Through State Waivers.-- (1) Medicare program.--Section 1819(g) of such Act (42 U.S.C. 1395i-3(g)) is amended by adding at the end the following new paragraph: ``(6) Waiver demonstration authority to promote innovation and quality improvement.-- ``(A) In general.--At the request of a State, but not to exceed a total of 3 States, the Secretary may waive provisions of this subsection relating to survey and certification procedures in order to test and implement innovative alternatives to the survey process otherwise applicable. The Secretary shall provide special consideration to the application of alternative procedures that increase the use of outcome measures, the incorporation of quality of life measures, and improve consistency and accuracy in deficiency determinations and survey results. The Secretary shall approve a waiver request if applicant demonstrates significant potential for improving the quality of care, quality of life, and safety of residents. ``(B) Consideration of views of stakeholders.--The Secretary shall only consider waiver applications under this paragraph from a State under this paragraph if the State has convened and consulted with appropriate stakeholders in the State, including representatives of nursing facilities, consumers groups, the State long term care ombudsman, labor organizations (and where such organizations are not present in the industry, other employee representatives), and licensed health care providers, to assist in developing their alternative system. In determining whether to grant such waivers the Secretary shall take into consideration the views of the stakeholders convened by the State.''. (2) Medicaid program.--Section 1919(g) of such Act (42 U.S.C. 1396r(g)) is amended by adding at the end the following new paragraph: ``(6) Waiver demonstration authority to promote innovation and quality improvement.-- ``(A) In general.--At the request of a State, but not to exceed a total of 3 States, the Secretary may waive provisions of this subsection relating to survey and certification procedures in order to test and implement innovative alternatives to the survey process otherwise applicable. The Secretary shall provide special consideration to the application of alternative procedures that increase the use of outcome measures, the incorporation of quality of life measures, and improve consistency and accuracy in deficiency determinations and survey results. The Secretary shall approve a waiver request if it demonstrates significant potential for improving the quality of care, quality of life, and safety of residents. ``(B) Consideration of views of stakeholders.--The Secretary shall only consider waiver applications under this paragraph from a State under this paragraph if the State has convened and consulted with appropriate stakeholders in the State, including representatives of nursing facilities, consumers groups, the State long term care ombudsman, labor organizations (and where such organizations are not present in the industry, other employee representatives), and licensed health care providers, to assist in developing their alternative system. In determining whether to grant such waivers the Secretary shall take into consideration the views of the stakeholders convened by the State.''. (d) Removal of Inflexibility in Provider Termination.-- (1) Medicare program.--Section 1819(h)(2) of such Act (42 U.S.C. 1395i-3(h)(2)) is amended-- (A) in subparagraph (D), by striking ``If'' and inserting ``Subject to subparagraph (F), if''; (B) in subparagraph (E), by striking ``In'' and inserting ``Subject to subparagraph (F), in''; and (C) by adding at the end the following new subparagraph: ``(F) Continuation of payments pending remediation when flexibility needed to protect residents.--The Secretary may continue payments, over a period not longer than 12 months after the effective date of the findings, under this title with respect to a nursing facility not in compliance with a requirement of subsection (b), (c), or (d), if-- ``(i) the State survey agency finds that ceasing payments is not in the best interests of residents and that continuation of payments would not jeopardize residents' health and safety; ``(ii) the State survey agency finds that it is more appropriate to take alternative action to assure compliance of the facility with the requirements than to terminate the certification of the facility; and ``(iii) the State has submitted a plan and timetable for corrective action to the Secretary for approval and the Secretary approves the plan of corrective action.''. (2) Medicaid program.--Section 1919(h)(2) of such Act (42 U.S.C. 1396r(h)(2)) is amended-- (A) in subparagraph (C), by striking ``If'' and inserting ``Subject to subparagraph (G), if''; (B) in subparagraph (D), by striking ``In'' and inserting ``Subject to subparagraph (G), in''; and (C) by adding at the end the following new subparagraph: ``(G) Continuation of payments pending remediation when flexibility needed to protect residents.--The Secretary may continue payments, over a period not longer than 12 months after the effective date of the findings, under this title with respect to a nursing facility not in compliance with a requirement of subsection (b), (c), or (d), if-- ``(i) the State survey agency finds that ceasing payments is not in the best interests of residents and that continuation of payments would not jeopardize residents' health and safety; ``(ii) the State survey agency finds that it is more appropriate to take alternative action to assure compliance of the facility with the requirements than to terminate the certification of the facility; and ``(iii) the State has submitted a plan and timetable for corrective action to the Secretary for approval and the Secretary approves the plan of corrective action.''. (e) Access to Informal Dispute Resolution Process.-- (1) Medicare program.--Section 1819(g)(1) of such Act (42 U.S.C. 1395i-3(g)(1)) is amended by adding at the end the following new subparagraph: ``(F) Establishment of informal, independent dispute resolution process.--Each State shall establish an informal dispute resolution process that allows facilities to settle disputes involving compliance with the standards established under this section. Such process shall rely on independent third parties, not related to the State survey agency or the facilities, in resolving disputes.''. (2) Medicaid program.--Section 1919(g)(1) of such Act (42 U.S.C. 1396r(g)(1)) is amended by adding at the end the following new subparagraph: ``(F) Establishment of informal, independent dispute resolution process.--Each State shall establish an informal dispute resolution process that allows facilities to settle disputes involving compliance with the standards established under this section. Such process shall rely on independent third parties, not related to the State survey agency or the facilities, in resolving disputes.''. (f) Removing Barriers That Deter New Management From Taking Over and Improving Problem Facilities.-- (1) Medicare program.--Section 1819(h) of such Act (42 U.S.C. 1395i-3(h)) is amended by adding at the end the following new paragraph: ``(7) Fostering improvement of facilities with poor compliance histories.--The Secretary shall provide incentives for operators with histories of good compliance to acquire facilities with poor compliance histories. Such incentives shall be designed to promote the sustained provision of high- quality care and shall only be made available in the case of bona fide, arm's-length sale of facilities with poor compliance histories.''. (2) Medicaid program.--Section 1919(h) of such Act (42 U.S.C. 1396r(h)) is amended by adding at the end the following new paragraph: ``(10) Fostering improvement of facilities with poor compliance histories.--The Secretary shall provide incentives for operators with histories of good compliance to acquire facilities with poor compliance histories. Such incentives shall be designed to promote the sustained provision of high- quality care and shall only be made available in the case of bona fide, arm's-length sale of facilities with poor compliance histories.''. (g) Allowing Appeals of All Deficiencies.-- (1) Medicare program.--Section 1819(h) of such Act, as amended by subsection (f)(1), is further amended by adding at the end the following new paragraph: ``(8) Right to appeal all deficiency citations.-- Notwithstanding any other provision of law, a facility may appeal any deficiency determination under this section with respect to which a penalty has not been imposed in the same manner as the facility may appeal such determination if a penalty had been imposed.''. (2) Medicaid program.--Section 1919(h) of such Act, as amended by subsection (f)(2), is further amended by adding at the end the following new paragraph: ``(11) Right to appeal all deficiency citations.-- Notwithstanding any other provision of law, a facility may appeal any deficiency determination under this section with respect to which a penalty has not been imposed in the same manner as the facility may appeal such determination if a penalty had been imposed.''. (h) Joint Providers/Surveyor Training.-- (1) Medicare program.--Section 1819(e) of such Act (42 U.S.C. 1395i-3(e)) is amended by adding at the end the following new paragraph: ``(6) Joint provider/surveyor training.--The Secretary shall require the State to establish a process for joint training and education of surveyors and providers at least annually and periodically as changes to regulations, guidelines, and policy governing nursing facility operations are implemented and used in surveys of participating facilities.''. (2) Medicaid program.--Section 1919(e) of such Act (42 U.S.C. 1396r(e)) is amended by adding at the end the following new paragraph: ``(8) Joint provider/surveyor training.--The State shall establish a process for joint training and education to surveyors and providers at least annually and periodically as changes to regulations, guidelines, and policy governing nursing facility operations are implemented and used in surveys of participating facilities.'' (i) Facility-Based Training for New Surveyors.-- (1) Medicare program.--Section 1819(e) of such Act (42 U.S.C. 1395i-3(e)), as amended by subsection (h)(1), is amended by adding at the end the following new paragraph: ``(7) Facility-based training for new surveyors.--The Secretary shall require the State to establish a process for assuring that-- ``(A) each individual newly hired as a nursing home surveyor, as part of the individual's basic training, is assigned full-time to a participating nursing facility for at least 5 days within a 7-day period to observe actual operations outside of the survey process before the individual begins oversight responsibilities; ``(B) such individual shall not assume oversight responsibility during this training period and such observations may not be the sole basis of a deficiency citation against the facility; and ``(C) such individual shall not be assigned as a member of a survey team for the facility in which the individual received training for two standard surveys following the training period in the facility.''. (2) Medicaid program.--Section 1919(e) of such Act (42 U.S.C. 1396r(e)), as amended by subsection (h)(2), is amended by adding at the end the following new paragraph: ``(9) Facility-based training for new surveyors.--The State shall establish a process for assuring that-- ``(A) each individual newly hired as a nursing home surveyor, as part of the individual's basic training, is assigned full-time to a participating nursing facility for at least 5 days within a 7-day period to observe actual operations outside of the survey process before the individual begins oversight responsibilities; ``(B) such individual shall not assume oversight responsibility during this training period and such observations may not be the sole basis of a deficiency citation against the facility; and ``(C) such individual shall not be assigned as a member of a survey team for the facility in which the individual received training for two standard surveys following the training period in the facility.''. (j) Effective Date.--The amendments made by this section shall take effect one month after the date of the enactment of this Act, except in cases where regulations are needed to implement these amendments and in such cases shall be effective 6 months after such enactment date.

Medicare and Medicaid Nursing Facility Quality Improvement Act of 2005 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to revise the federal survey and certification process for skilled nursing facilities. Revises requirements for nurse aide training and competency evaluation programs. Authorizes the Secretary of Health and Human Services to disapprove such programs offered by a facility. Authorizes the Secretary to: (1) waive certain requirements for the skilled nursing survey and certification process in order to test and implement innovative alternatives to the otherwise applicable survey process; and (2) continue payments for up to one year, in certain circumstances, pending remediation, to a nursing facility that no longer meets the specified requirements. Requires each state to establish an informal and independent dispute resolution process to allow facilities to settle disputes involving compliance with nursing facility requirements. Directs the Secretary to provide incentives for operators with histories of good compliance to acquire facilities with poor compliance histories. Permits nursing facilities to appeal deficiency determinations. Requires the State to establish a process for joint training and education of surveyors and providers at least annually and periodically as changes to regulations, guidelines, and policy governing nursing facility operations are implemented and used in surveys of participating facilities. Directs the Secretary to require the state to establish a process for facility-based training for new surveyors.

To amend titles XVIII and XIX of the Social Security Act with respect to reform of Federal survey and certification process of nursing facilities under the Medicare and Medicaid Programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ronald Reagan Memorial Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ronald Reagan is an American hero deserving of recognition by this and future generations of Americans and visitors from around the world. (2) As President, Ronald Reagan initiated policies that won the Cold War, protected and restored freedom and democracy around the globe, lowered taxes on American citizens, tamed the economic threats of inflation and economic stagnation, and ushered in an unprecedented era of peace and prosperity across the Nation, and his contributions merit permanent memorialization. (3) The legacies of Ronald Reagan include restoring faith in our system of democracy and capitalism, returning pride in being an American, and renewing the honor and decency of the American Presidency, and are deserving of national recognition. (4) The contributions of former President Ronald Reagan, and his status as a preeminent twentieth-century American statesman and one of the greatest American Presidents, merit and require a permanent memorialization alongside the other great American leaders memorialized on the Mall in the District of Columbia. SEC. 3. AUTHORIZATION OF RONALD REAGAN MEMORIAL; LOCATION AND DESIGN. (a) Authorization of Ronald Reagan Memorial.-- (1) In general.--The Ronald Reagan Memorial Commission is authorized to establish the Ronald Reagan Memorial in accordance with this Act, on Federal lands administered by the National Park Service in the District of Columbia. (2) Location.--The memorial shall be situated in a location that is-- (A) recommended by the Ronald Reagan Memorial Commission; and (B) in the area on the Mall west of the Capitol and east of the Lincoln Memorial, and within the area referred to in the Commemorative Works Act (40 U.S.C. 1001 et seq.) as Area I. (b) Duties of the National Capital Memorial Commission and the Secretary of the Interior.--The National Capital Memorial Commission and the Secretary of the Interior shall assist the members of the Ronald Reagan Memorial Commission-- (1) in the preparation of a recommendation to the Congress of a permanent location for the memorial; and (2) the selection of a design for the memorial and the grounds of the memorial. (c) Detail of Department of the Interior Employees.--The Secretary of the Interior shall detail to the Ronald Reagan Memorial Commission such support staff as are necessary to assist the members of the commission in carrying out its responsibilities. (d) Beginning of Process.--The Ronald Reagan Memorial Commission shall begin the process of recommending a location and selecting a design for the memorial no later than six months after the date of enactment of this Act. (e) Marker.-- (1) In general.--The Secretary shall erect, at the site approved by the Congress for the memorial, a suitable marker designating the site as the ``Future Site of the Ronald Reagan Memorial''. (2) Requirements.--The marker shall be-- (A) installed by the Secretary no later than three months after the date of the enactment of a law approving the location for the memorial; (B) no smaller than three feet square and constructed of durable material suitable to the outdoor environment; and (C) maintained at the location by the Secretary until the memorial is completed, dedicated, and open to the public. (f) Relationship to the Commemorative Works Act.--Sections 3(c), 7(a)(2), and 8(a)(1) of the Commemorative Works Act (40 U.S.C. 1003(c), 1007(a)(2), 1008(a)(1)) shall not apply to the memorial. SEC. 4. RONALD REAGAN MEMORIAL COMMISSION. (a) Establishment.--There is established a commission, to be known as the Ronald Reagan Memorial Commission. The commission shall-- (1) be comprised of-- (A) the Chairman of the National Capital Memorial Commission; (B) one member appointed by the Speaker of the House of Representatives by no later than six months after the date of the enactment of this Act; and (C) one member appointed by the majority leader of the Senate by no later than six months after the date of the enactment of this Act; (2) be chaired by one of its members, to be designated jointly by the Speaker of the House of Representatives and the majority leader of the Senate; (3) meet no later than one month after its members are appointed, and at such other times as may be necessary; and (4) be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (b) Duties.--The Ronald Reagan Memorial Commission shall-- (1) raise necessary funds from private sector sources to design, construct, and maintain the memorial; (2) in cooperation with the National Capital Memorial Commission and the Secretary of the Interior, determine and recommend to the Congress a permanent location for the memorial; (3) select a design for the memorial from proposals solicited and accepted from qualified American architects; and (4) issue a report to the Congress and the President on its activities every six months after its first meeting, and issue a final report to the Congress and the President, including a recommended location and final design for the memorial, no later than February 6, 2003. (c) Termination.--The commission shall terminate not later than 90 days after completion of the memorial. SEC. 5. DEFINITIONS. In this Act: (1) Memorial.--The term ``memorial'' means the Ronald Reagan Memorial authorized by this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Ronald Reagan Memorial Act of 2001 - Establishes the Ronald Reagan Memorial Commission. Authorizes the Commission to establish the Ronald Reagan Memorial on Federal lands administered by the National Park Service in Washington, D.C.

To authorize the establishment of a memorial to former President Ronald Reagan within the area in the District of Columbia referred to in the Commemorative Works Act as `Area I', to provide for the design and construction of such memorial, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elaine Sullivan Act''. SEC. 2. REQUIREMENT FOR EMERGENCY DEPARTMENTS TO CONTACT FAMILY MEMBERS, SPECIFIED HEALTHCARE AGENT, OR SURROGATE DECISIONMAKER OF INCAPACITATED PATIENTS WITHIN 24 HOURS OF ARRIVAL AT THE EMERGENCY DEPARTMENT. (a) In General.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``, and''; and (3) by inserting after subparagraph (V) the following new subparagraph: ``(W) in the case of a hospital (as defined in section 1861(e)) with an emergency department, to adopt and enforce a policy to ensure compliance with the requirements of subsection (k) (relating to requirements to make reasonable efforts to contact certain individuals in the case of a patient who is unconscious or physically unable to communicate with staff of the hospital).''. (b) Requirement to Contact Family Members or Other Individuals With Authority to Make Health Care Decisions.--Section 1866 of such Act (42 U.S.C. 1395cc) is amended by adding at the end the following new subsection: ``(k)(1)(A) In the case of a hospital (as defined in section 1861(e)) with an emergency department, if any individual arrives at the emergency department requiring medical treatment and is unconscious or otherwise unable to communicate with a health care professional of the department, the hospital shall take reasonable measures (described in paragraph (3)) to identify and contact a person the hospital reasonably believes has the authority to make health care decisions on behalf of the individual. ``(B) A person referred to in subparagraph (A) is any of the following: ``(i) An immediate family member. ``(ii) A person authorized to make health care decisions for the individual under a durable power of attorney for health care, recognized under State law (whether by statute or as recognized by the courts of the State). ``(2)(A) The hospital shall take the reasonable measures as soon as practicable, but, subject to subparagraph (B), in no case later than the end of the 24-hour period that begins at the point in time that a health care professional of the emergency department of the hospital determines that the individual is unconscious or otherwise unable to communicate. ``(B)(i) The 24-hour period under subparagraph (A) shall not apply during any period in which the hospital implements a disaster and mass casualty program or a fire and internal disaster program, or during a declared state of emergency (as defined in clause (ii)) or other local mass casualty situation. ``(ii) For purposes of clause (i), the term `declared state of emergency' means an officially designated state of emergency that has been declared by the Federal Government or a State or local government official having authority to declare that the State, county, municipality, or locality is in a state of emergency. ``(3) Reasonable measures referred to in paragraph (1) include the following: ``(A) Contacting the emergency contact, family member, surrogate decisionmaker, or other health care agent identified from personal effects of the individual. ``(B) Examining medical records in the hospital's possession, including a review of any verbal or written report made by emergency medical technicians or the police with respect to the individual. ``(C) Insofar as actions under subparagraphs (A) and (B) are unsuccessful, contacting the hospital's social service department or the appropriate local law enforcement agency. ``(4) The provisions of this subsection do not preempt any State or local law requirement, except to the extent that the requirement directly conflicts with a requirement of this subsection.''. (c) Effective Date.--The amendments made by this section shall apply to hospitals as of the date that is one year after the date of the enactment of this Act. SEC. 3. GRANT PROGRAM FOR THE ESTABLISHMENT OF NEXT OF KIN REGISTRIES. (a) In General.--The Secretary of Health and Human Services is authorized to make grants to qualified not-for-profit organizations for the purpose of assisting such organizations to establish and operate voluntary next of kin registries. (b) Next of Kin Registry Described.--A next of kin registry is an electronic search service to help individuals, and family members of those individuals, who are missing, injured, or deceased. A next of kin registry is a free service to the public, health care providers and institutions, and governmental agencies using the search service. (c) Awarding of Grants.-- (1) Application.--No grant may be made under this section except pursuant to a grant application that is submitted and approved in a time, manner, and form specified by the Secretary. (2) Limitation on grants.--Only 1 grant may be awarded under this section with respect to any qualified not-for-profit organizations. (d) Terms and Conditions.-- (1) In general.--Grants under this section shall be made under such terms and conditions as the Secretary specifies consistent with this section. (2) Use of grant funds.--Funds provided under grants under this section may be used for any of the following: (A) For purchasing, leasing, and installing computer software and hardware. (B) Making upgrades and other improvements to existing computer software and hardware. (C) Providing education and training to eligible staff on the use of technology to implement next-of-kin registries. (3) Provision of information.--As a condition for the awarding of a grant under this section, an applicant shall provide to the Secretary such information as the Secretary may require in order to-- (A) evaluate the project for which the grant is made; and (B) ensure that funding provided under the grant is expended only for the purposes for which it is made. (4) Audit.--The Secretary shall conduct appropriate audits of grants under this section. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2006 through 2010.

Elaine Sullivan Act - Amends title XVIII (Medicare) of the Social Security Act to require emergency departments to contact family members, a specified healthcare agent, or a surrogate decisionmaker of an incapacitated patient within 24 hours of arrival at the emergency department. Authorizes the Secretary of Health and Human Services to make grants to qualified not-for-profit organizations for the purpose of assisting them to establish and operate voluntary next of kin registries.

To amend title XVIII of the Social Security Act to require, as a condition of participation in the Medicare Program, that hospitals make reasonable efforts to contact a family member, specified healthcare agent, or surrogate decisionmaker of a patient who arrives at a hospital emergency department unconscious or otherwise physically incapable of communicating with the attending health care practitioners of the hospital, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geologic Research Enhancement Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Association.--The term ``Association'' means the Association of American State Geologists. (2) Director.--The term ``Director'' means the Director of the United States Geological Survey. (3) Federal component.--The term ``Federal component'' means the Federal component of the High Plains Aquifer Comprehensive Hydrogeologic Characterization, Mapping, Modeling, and Monitoring Program described in section 3(c). (4) High plains aquifer.--The term ``High Plains Aquifer'' is the groundwater reserve depicted as Figure 1 in the United States Geological Survey Professional Paper 1400-B, entitled ``Geohydrology of the High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.''. (5) High plains aquifer states.--The term ``High Plains Aquifer States'' means the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State component.--The term ``State component'' means the State component of the High Plains Aquifer Comprehensive Hydrogeologic Characterization, Mapping, Modeling, and Monitoring Program described in section 3(d). SEC. 3. ESTABLISHMENT. (a) Program.--The Secretary, working through the United States Geological Survey, and in cooperation with the State geological surveys and the water management agencies of the High Plains Aquifer States, shall establish and carry out the High Plains Aquifer Comprehensive Hydrogeolgoic Characterization, Mapping, Modeling, and Monitoring Program, for the purposes of the characterization, mapping, modeling, and monitoring of the High Plains Aquifer. The program shall undertake, on a county-by-county level or at the largest scales and most detailed levels determined to be appropriate on a State-by-State and regional basis, the following: (1) mapping of the hydrogeological configuration of the High Plains Aquifer; and (2) with respect to the High Plains Aquifer, analyses of the current and past rates at which groundwater is being withdrawn and recharged, the net rate of decrease or increase in High Plains Aquifer storage, the factors controlling the rate of horizontal and vertical migration of water within the High Plains Aquifer, and the current and past rate of loss of saturated thickness within the High Plains Aquifer. The program shall also develop, as needed, regional data bases and groundwater flow models. (b) Funding.--The Secretary shall make available 50 percent of the funds available pursuant to this Act for use in carrying out the State component of the program, as provided under subsection (d). (c) Federal Program Component.-- (1) Priorities.--The program shall include a Federal component, developed in consultation with the Federal Review Panel provided under subsection (e), which shall have as its priorities-- (A) coordinating Federal, State, and local, data, maps, and models into an integrated physical characterization of the High Plains Aquifer; (B) supporting State and local activities with scientific and technical specialists; and (C) undertaking activities and providing technical capabilities not available at the State and local levels. (2) Interdisciplinary studies.--The Federal component shall include interdisciplinary studies that add value to hydrogeologic characterization, mapping, modeling, and monitoring for the High Plains Aquifer. (d) State Program Component.-- (1) Priorities.--The program shall include a State component which shall have as its priorities hydrogeologic characterization, mapping, modeling, and monitoring activities in areas of the High Plains Aquifer that will assist in addressing issues relating to groundwater depletion and resource assessment of the Aquifer. Priorities under the State component shall be based upon the recommendations of State panels representing a broad range of users of hydrogeologic data and information, which shall be appointed by the Governor of the State or the Governor's designee. (2) Awards.--Twenty percent of the Federal funds available under the State component shall be equally divided among the State geological surveys of the High Plains Aquifer States to carry out the purposes of the program provided under this Act. The remaining funds under the State component shall be competitively awarded to State or local agencies or entities in the High Plains Aquifer States, including State geological surveys, State water management agencies, institutions of higher education, or consortia of such agencies or entities. Such funds shall be awarded by the Director only for proposals that have been recommended by the State panels referred to in paragraph (1), subject to independent peer review, and given final recommendation by the Federal Review Panel established under subsection (e). Proposals for multi-State activities must be recommended by the State panel of at least one of the affected States. (e) Federal Review Panel.-- (1) Establishment.--There shall be established a Federal Review Panel to evaluate the proposals submitted for funding under the State component under subsection (d)(2) and to recommend approvals and levels of funding. The Federal Review Panel shall review and coordinate the Federal component priorities under subsection (c)(1), Federal interdisciplinary studies under subsection (c)(2), and the State component priorities under subsection (d)(1). (2) Composition and support.--Not later than 3 months after the date of enactment of this Act, the Secretary shall appoint to the Federal Review Panel the following: (A) Two representatives of the United States Geological Survey, at least one of which shall be a hydrologist or hydrogeologist. (B) Three representatives of the geological surveys and water management agencies of the High Plains Aquifer States from lists of nominees provided by the Association and the Western States Water Council, so that there is representation of both the State geological surveys and the State water management agencies. Appointment to the Panel shall be for a term of 3 years. The Director shall provide technical and administrative support to the Federal Review Panel. Expenses for the Federal Review Panel shall be paid from funds available under the Federal component of the program. (f) Limitation.--The United States Geological Survey shall not use any of the Federal funds to be made available under the State component for any fiscal year to pay indirect, servicing, or program management charges. Recipients of awards granted under subsection (d)(2) shall not use more than 18 percent of the Federal award amount for any fiscal year for indirect, servicing, or program management charges. SEC. 4. PLAN. The Secretary, acting through the Director, shall, with the participation and review of the Association, the Western States Water Council, the Federal Review Panel, and the State panels, prepare a plan for the High Plains Aquifer Hydrogeologic Characterization, Mapping, Modeling, and Monitoring Program. The plan shall address overall priorities for the program and a management structure and program operations, including the role and responsibilities of the United States Geological Survey and the States in the program, and mechanisms for identifying priorities for the Federal component and the State component. SEC. 5. REPORTING REQUIREMENTS. (a) Report on Program Implementation.--One year after the date of enactment of this Act, and every 2 years thereafter through fiscal year 2011, the Secretary shall submit a report on the status of implementation of the program established by this Act to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the High Plains Aquifer States. (b) Report on High Plains Aquifer.--One year after the date of enactment of this Act and every year thereafter through fiscal year 2011, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the High Plains Aquifer States on the status of the High Plains Aquifer, including aquifer recharge rat

Geologic Research Enhancement Act - Directs the Secretary of the Interior, working through the United States Geological Survey, to establish and carry out the High Plains Aquifer Comprehensive Hydrogeologic Characterization, Mapping, Modeling and Monitoring Program.Requires the Program to: (1) undertake mapping of the hydrogeological configuration of the Aquifer; (2) perform analyses of the current and past rates at which groundwater is being withdrawn and recharged, the net rate of decrease or increase in Aquifer storage, the factors controlling the rate of migration of water, and the current and past rate of loss of saturated thickness within the Aquifer; and (3) develop necessary regional databases and groundwater flow models.Requires the Program to include a Federal component and a State component and lists priorities of each, including (respectively): (1) coordinating Federal, State, and local data, maps and models into an integrated physical characterization of the Aquifer; and (2) hydrogeologic characterization, mapping, modeling, and monitoring activities in areas of the Aquifer that will assist in addressing issues relating to groundwater depletion and resource assessment of the Aquifer.Provides for the establishment of a Federal Review Panel to evaluate the funding proposals submitted by entities of the High Plains Aquifer States.Directs the Secretary, acting through the Director of the U.S. Geological Survey, to prepare a plan for the Program to address overall priorities for the Program and a management structure and Program operations.

To authorize the Secretary of the Interior to cooperate with the High Plains Aquifer States in conducting a hydrogeologic characterization, mapping, modeling and monitoring program for the High Plains Aquifer, and for other purposes.

SECTION 1. SHORT TITLE. This Act maybe cited as the ``First Amendment Freedoms Act of 1998.''. SEC. 2. EXTORTION DEFINED FOR PURPOSES OF RICO. Section 1961 of title 18, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``or threat involving'' and inserting ``constituting a conspiracy, an endeavor, or the commission of''; (2) by striking ``As used in'' and inserting the following: ``(a) In General.--Subject to subsection (b), as used in''; and (3) by adding at the end the following: ``(b) Extortion.--Notwithstanding section 1951, 1952, 1956, or 1957 or any other provision of law, conduct, in whole or in part, that is alleged to be a violation of section 1951, 1952, 1956, or 1957 shall not be construed to be racketeering activity for purposes of this chapter, to the extent that the conduct includes conduct alleged to be extortion, unless the conduct alleged to be extortion includes the trespatory taking by any person of property (tangible or intangible) of another, either for that person or for another.''. SEC. 3. PLEADINGS, DISCOVERY, EVIDENCE, AND APPEALS. (a) Pleadings.--Rule 9 of the Federal Rules of Civil Procedure is amended by adding at the end the following: ``(i) Constitutionally Protected Conduct.--In any civil action or proceeding involving conduct that includes the protected exercise of freedom of religion, speech, press, peaceable assembly, or petition of government for redress of grievance, any averment of unprotected conduct of any natural person, its proximate consequences, the association, if any, of any natural person with another, the unlawful objective, if any, of the association, the state of mind of any natural person with regard to an unlawful objective of the association, and the evidence on which the averment of state of mind is based shall be stated, to the maximum extent practicable, with particularity in the complaint.''. (b) Discovery.--Rule 26 of the Federal Rules of Civil Procedure is amended by adding at the end the following: ``(h) Constitutionally Protected Conduct.--Discovery may not be obtained that unduly interferes with the protected exercise of freedom of religion, speech, press, or peaceable assembly, or petition of government for redress of grievance.''. (c) Evidence.--Rule 403 of the Federal Rules of Evidence is amended-- (1) by striking ``Although'' and inserting the following: ``(a) In General.--Although''; and (2) by adding at the end the following: ``(b) Constitutionally Protected Conduct.--Evidence may not be admitted that would unduly interfere with or unduly put in issue the protected exercise of freedom of religion, speech, press, or peaceable assembly, or petition of government for redress of grievance.''. (d) Appeals.--Section 1292(a) of title 28, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking ``from:'' and inserting ``from the following:''; (2) in each of paragraphs (1) and (2), by striking the semicolon at the end and inserting a period; and (4) by adding at the end the following: ``(4) Interlocutory orders of the district courts of the United States granting or enforcing discovery or admitting evidence that is claimed to unduly interfere with or unduly put in issue the protected exercise of freedom of religion, speech, press, or peaceable assembly, or petition of government for redress of grievance.''. SEC. 4. LIABILITY LIMITATIONS. (a) In General.--Part VI of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 180--FIRST AMENDMENT DEMONSTRATIONS AND RELATED LITIGATION ``Sec. ``4001. First amendment demonstrations and related litigation. ``Sec. 4001. First amendment demonstrations and related litigation ``(a) In any civil action or proceeding that involves conduct consisting the protected exercise of freedom of religion, speech, press, or peaceable assembly, or petition of government for redress of grievance-- ``(1) no natural person may be held liable in damages or for other relief-- ``(A) for the consequences of his protected conduct; or ``(B) for the consequences of his unprotected conduct; except for those consequences established by clear and convincing evidence to be proximately caused by his unprotected conduct; ``(2) no natural person may be held liable in damages or for other relief because of his associations with another where another engages in unlawful conduct, unless it is established by clear and convincing evidence that the natural person intended, through the associations of that natural person with the other proximately to cause or further the unlawful conduct; ``(3) no natural person may be held liable in damages or for other relief based on the conduct of another, unless the fact finder finds by clear and convincing evidence that the natural person authorized, requested, commanded, ratified, or recklessly tolerated the unlawful conduct of the other; ``(4) no natural person may be held liable in damages or for other relief, unless the fact finder makes particularized findings sufficient to permit full and complete review of the record, if any, of the conduct of the natural person; and ``(5) notwithstanding any other provision of law authorizing the recovery of costs, including attorney fees, the court may not award costs, including attorney fees, if that award would be unjust because of special circumstances, including the relevant disparate economic position of the parties or the disproportionate amount of the costs, including attorney fees, to the nature of the damage or other relief obtained. ``(b) For the purpose of this section, a natural person shall be construed to be acting recklessly if that natural person consciously disregards a substantial and unjustifiable risk, such that the conduct of the natural person constitutes a gross deviation from the standard of conduct that a law-abiding natural person would observe in the situation of the natural person.''. (b) Technical and Conforming Amendment.--The analysis for title 28, United States Code, is amended by inserting immediately after the item relating to chapter 179 the following: ``180. First Amendment Demonstrations and Related Litigation 4001''. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Exception.--The amendments made by section 2 of this Act shall apply for purposes of any proceeding under section 1964(c) of title 18, United States Code, to any conduct in violation of section 1962 of that title that occurs before, on, or after the date of enactment of this Act, unless that prior conduct has been the subject of a final judgment by a court of competent jurisdiction and all avenues of appellate review have been fully exhausted before the date of enactment of this Act. SEC. 6. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

First Amendment Freedoms Act of 1998 - Amends the Racketeer Influenced and Corrupt Organizations Act to revise the definition of "racketeering activity" to cover any act constituting a conspiracy, an endeavor, or the commission of (currently, any act or threat involving) murder, kidnapping, extortion, and other specified crimes. Specifies that conduct alleged to be a violation of prohibitions against interference with commerce by threats or violence, interstate and foreign travel or transportation in aid of racketeering enterprises, laundering of monetary instruments, or engaging in monetary transactions in property derived from specified unlawful activity shall not be construed to be racketeering activity to the extent that the conduct includes conduct alleged to be extortion, unless such conduct includes the trespatory taking by any person of the property of another. (Sec. 3) Amends: (1) rule 9 of the Federal Rules of Civil Procedure (FRCP) to require that, in any civil action or proceeding involving conduct that includes the protected exercise of freedom of religion, speech, press, peaceable assembly, or petition of government for redress of grievance (protected rights), any averment of unprotected conduct of a natural person, its proximate consequences, any association of a natural person with another, any unlawful objective of the association, state of mind with regard to such an unlawful objective, and the evidence on which the averment of state of mind is based shall be stated, to the maximum extent practicable, with particularity in the complaint; (2) FRCP 26 to bar discovery that unduly interferes with protected rights; and (3) rule 403 of the Federal Rules of Evidence to bar the admission of evidence that would unduly interfere with or unduly put in issue protected rights. Amends the Federal judicial code to grant courts of appeals jurisdiction of appeals from interlocutory orders of the district courts of the United States granting or enforcing discovery or admitting evidence that is claimed to unduly interfere with or unduly put in issue protected rights. (Sec. 4) Amends the judicial code to set forth liability limitations with respect to first amendment demonstrations and related litigation.

First Amendment Freedoms Act of 1998

SECTION 1. RADIATION EXPOSURE COMPENSATION TECHNICAL AMENDMENTS. (a) In General.--The Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended-- (1) in section 4(b)(1)(C), by inserting ``, and that part of Arizona that is north of the Grand Canyon'' after ``Gila''; (2) in section 4(b)(2)-- (A) by striking ``lung cancer (other than in situ lung cancer that is discovered during or after a post- mortem exam),''; and (B) by striking ``or liver (except if cirrhosis or hepatitis B is indicated).'' and inserting ``liver (except if cirrhosis or hepatitis B is indicated), or lung.''; (3) in section 5(a)(1)(A)(ii)(I), by inserting ``or worked for at least 1 year during the period described under clause (i)'' after ``months of radiation''; (4) in section 5(a)(2)(A), by striking ``an Atomic Energy Commission'' and inserting ``a''; (5) in section 5(b)(5), by striking ``or lung cancer''; (6) in section 5(c)(1)(B)(i), by striking ``or lung cancer''; (7) in section 5(c)(2)(B)(i), by striking ``or lung cancer''; (8) in section 6(e)-- (A) by striking ``The'' and inserting ``Except as otherwise authorized by law, the''; and (B) by inserting ``, mill, or while employed in the transport of uranium ore or vanadium-uranium ore from such mine or mill'' after ``radiation in a uranium mine''; (9) in section 6(i), by striking the second sentence; (10) in section 6(j), by adding at the end the following: ``Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2000, the Attorney General shall issue revised regulations to carry out this Act.''; (11) in section 6, by adding at the end the following: ``(m) Substantiation by Affidavits.-- ``(1) In general.--The Attorney General shall take such action as may be necessary to ensure that the procedures established by the Attorney General under this section provide that a substantiation may be made by an individual filing a claim under those procedures by means of an affidavit described under paragraph (2), in addition to any other material that may be used to substantiate-- ``(A) employment history for purposes of determining working level months; or ``(B) the residence of an individual filing a claim under section 4. ``(2) Affidavits.--An affidavit referred to under paragraph (1) is an affidavit that-- ``(A) meets such requirements as the Attorney General may establish; and ``(B) is made by a person other than the individual filing the claim that attests to the employment history or residence of the claimant.''; (12) in section 7, by amending subsection (b) to read as follows: ``(b) Choice of Remedies.--No individual may receive more than 1 payment under this Act.''; and (13) by adding at the end the following: ``SEC. 14. GAO REPORTS. ``(a) In General.--Not later than 18 months after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2000, and every 18 months thereafter, the General Accounting Office shall submit a report to Congress containing a detailed accounting of the administration of this Act by the Department of Justice. ``(b) Contents.--Each report submitted under this section shall include an analysis of-- ``(1) claims, awards, and administrative costs under this Act; and ``(2) the budget of the Department of Justice relating to this Act.''. (b) Conforming Amendments.--Section 3 of the Radiation Exposure Compensation Act Amendments of 2000 (Public Law 106-245) is amended by striking subsections (e) and (i). SEC. 2. COMPENSATION FOR CERTAIN CLAIMANTS UNDER THE RADIATION EXPOSURE COMPENSATION ACT. (a) In General.--Section 3630 of the Energy Employees Occupational Illness Compensation Program Act of 2000, as enacted into law by Public Law 106-398, is amended to read as follows: ``SEC. 3630. SEPARATE TREATMENT OF CERTAIN CLAIMANTS UNDER THE RADIATION EXPOSURE COMPENSATION ACT. ``(a) Compensation Provided.--An individual who receives, or has received, a payment under section 4 or 5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act (in this section referred to as a `covered individual'), or the survivor of that covered individual if the individual is deceased, shall receive compensation under this section in the amount of $50,000. ``(b) Medical Benefits.--A covered individual shall receive medical benefits under section 3629 for the illness for which that individual received a payment under section 4 or 5 of that Act. ``(c) Coordination With RECA.--The compensation and benefits provided in subsections (a) and (b) are separate from any compensation or benefits provided under that Act. ``(d) Payment From Compensation Fund.--The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under section 3612. ``(e) Survivors.--(1) Subject to the provisions of this section, if a covered individual dies before the effective date specified in subsection (g), whether or not the death is a result of the illness specified in subsection (b), a survivor of that individual may, on behalf of that survivor and any other survivors of that individual, receive the compensation provided for under this section. ``(2) The right to receive compensation under this section shall be afforded to survivors in the same order of precedence as that set forth in section 8109 of title 5, United States Code. ``(f) Procedures Required.--The President shall establish procedures to identify and notify each covered individual, or the survivor of that covered individual if that individual is deceased, of the availability of compensation and benefits under this section. ``(g) Effective Date.--This section shall take effect on July 31, 2001, unless Congress provides otherwise in an Act enacted before that date.''. (b) Technical and Conforming Amendments.--(1) The table of sections for the Energy Employees Occupational Illness Compensation Program Act of 2000 is amended by striking the item relating to section 3630 and inserting the following: ``Sec. 3630. Separate treatment of certain claimants under the Radiation Exposure Compensation Act.''. (2) Section 3641 of the Energy Employees Occupational Illness Compensation Program Act of 2000, as enacted into law by Public Law 106-398, is amended-- (A) by striking ``covered uranium employee'' and inserting ``covered individual''; and (B) by adding at the end the following: ``Nothing in this section shall be construed to offset any payment of compensation under section 3630 and any payment under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note).''. SEC. 3. RADIATION EXPOSURE COMPENSATION. Section 3(e) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended-- (1) in the subsection heading by striking the first 2 words and inserting ``Indefinite''; and (2) by striking ``authorized to be''.

Amends the Radiation Exposure Compensation Act (Act) to: (1) revise specified geographic and illness eligibility criteria with respect to claims relating to atmospheric testing and uranium mining; and (2) make funding for the Radiation Exposure Compensation Trust Fund permanent.Requires periodic claims and budget reporting by the General Accounting Office with respect to Department of Justice administration of the Act.Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to: (1) provide a $50,000 payment plus medical benefits for a covered individual (or survivor) who has received an atmospheric testing or uranium mining payment under the Act; and (2) extend coverage to all covered individuals (currently covered uranium employees).

To make technical amendments to the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), provide compensation to certain claimants under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Spectrum Enhancement Act''. SEC. 2. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE REALLOCATION OF SPECTRUM FOR COMMERCIAL PURPOSES. Section 113(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)) is amended by striking paragraphs (1) through (3) and inserting the following:-- ``(1) Eligible federal entities.--Any Federal entity that operates a Federal Government station assigned to a band of frequencies specified in paragraph (2) and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund, in accordance with section 118 of this Act. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a), are eligible to receive payment under this paragraph. ``(2) Eligible frequencies.--The bands of eligible frequencies for purposes of this section are as follows: ``(A) the 216-220 megahertz band, the 1432-1435 megahertz band, the 1710-1755 megahertz band, and the 2385-2390 megahertz band of frequencies; and ``(B) any other band of frequencies reallocated from Federal use to non-Federal use after January 1, 2003, that is assigned by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), except for bands of frequencies previously identified by the National Telecommunications and Information Administration in the Spectrum Reallocation Final Report, NTIA Special Publication 95-32 (1995). ``(3) Definition of relocation costs.--For purposes of this subsection, the term `relocation costs' means the costs incurred by a Federal entity to achieve comparable capability of systems, regardless of whether that capability is achieved by relocating to a new frequency assignment or by utilizing an alternative technology. Such costs include-- ``(A) the costs of any modification or replacement of equipment, software, facilities, operating manuals, training costs, or regulations that are attributable to relocation; ``(B) the costs of all engineering, equipment, software, site acquisition and construction costs, as well as any legitimate and prudent transaction expense, including outside consultants, and reasonable additional costs incurred by the Federal entity that are attributable to relocation, including increased recurring costs associated with the replacement facilities; ``(C) the costs of engineering studies, economic analyses, or other expenses reasonably incurred in calculating the estimated relocation costs that are provided to the Commission pursuant to paragraph (4) of this subsection; ``(D) the one-time costs of any modification of equipment reasonably necessary to accommodate commercial use of such frequencies prior to the termination of the Federal entity's primary allocation or protected status, when the eligible frequencies as defined in paragraph (2) of this subsection are made available for private sector uses by competitive bidding and a Federal entity retains primary allocation or protected status in those frequencies for a period of time after the completion of the competitive bidding process; and ``(E) the costs associated with the accelerated replacement of systems and equipment if such acceleration is necessary to ensure the timely relocation of systems to a new frequency assignment. ``(4) Notice to commission of estimated relocation costs.-- ``(A) The Commission shall notify the NTIA at least 18 months prior to the commencement of any auction of eligible frequencies defined in paragraph (2). At least 6 months prior to the commencement of any such auction, the NTIA, on behalf of the Federal entities and after review by the Office of Management and Budget, shall notify the Commission of estimated relocation costs and timelines for such relocation. ``(B) Upon timely request of a Federal entity, the NTIA shall provide such entity with information regarding an alternative frequency assignment or assignments to which their radiocommunications operations could be relocated for purposes of calculating the estimated relocation costs and timelines to be submitted to the Commission pursuant to subparagraph (A). ``(C) To the extent practicable and consistent with national security considerations, the NTIA shall provide the information required by subparagraphs (A) and (B) by the geographic location of the Federal entities' facilities or systems and the frequency bands used by such facilities or systems. ``(5) Notice to congressional committees and gao.--The NTIA shall, at the time of providing an initial estimate of relocation costs to the Commission under paragraph (4)(A), submit to the Committees on Appropriations and Energy and Commerce of the House of Representatives, the Committees on Appropriations and Commerce, Science, and Transportation of the Senate, and the Comptroller General a copy of such estimate and the timelines for relocation. ``(6) Implementation of procedures.--The NTIA shall take such actions as necessary to ensure the timely relocation of Federal entities' spectrum-related operations from frequencies defined in paragraph (2) to frequencies or facilities of comparable capability. Upon a finding by the NTIA that a Federal entity has achieved comparable capability of systems by relocating to a new frequency assignment or by utilizing an alternative technology, the NTIA shall terminate the entity's authorization and notify the Commission that the entity's relocation has been completed. The NTIA shall also terminate such entity's authorization if the NTIA determines that the entity has unreasonably failed to comply with the timeline for relocation submitted by the Director of the Office of Management and Budget under section 118(d)(2)(B).''. SEC. 3. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PROCEEDS. (a) Auction Design.--Section 309(j)(3) of the Communications Act of 1934 (47 U.S.C. 309(j)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) for any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)), the recovery of 110 percent of estimated relocation costs as provided to the Commission pursuant to section 113(g)(4) of such Act.''. (b) Special Auction Provisions for Eligible Frequencies.--Section 309(j) of such Act is further amended by adding at the end the following new paragraph: ``(15) Special auction provisions for eligible frequencies.-- ``(A) Special regulations.--The Commission shall revise the regulations prescribed under paragraph (4)(F) of this subsection to prescribe methods by which the total cash proceeds from any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)) shall at least equal 110 percent of the total estimated relocation costs provided to the Commission pursuant to section 113(g)(4) of such Act. ``(B) Conclusion of auctions contingent on minimum proceeds.--The Commission shall not conclude any auction of eligible frequencies described in section 113(g)(2) of such Act if the total cash proceeds attributable to such spectrum are less than 110 percent of the total estimated relocation costs provided to the Commission pursuant to section 113(g)(4) of such Act. If the Commission is unable to conclude an auction for the foregoing reason, the Commission shall cancel the auction, return within 45 days after the auction cancellation date any deposits from participating bidders held in escrow, and absolve such bidders from any obligation to the United States to bid in any subsequent reauction of such spectrum. ``(C) Authority to issue prior to deauthorization.--In any auction conducted under the regulations required by subparagraph (A), the Commission may grant a license assigned for the use of eligible frequencies prior to the termination of an eligible Federal entity's authorization. However, the Commission shall condition such license by requiring that the licensee cannot cause harmful interference to such Federal entity until such entity's authorization has been terminated by the National Telecommunications and Information Administration.''. (c) Deposit of Proceeds.--Paragraph (8) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (1) in subparagraph (A), by inserting ``or subparagraph (D)'' after ``subparagraph (B)''; and (2) by adding at the end the following new subparagraph: ``(D) Disposition of cash proceeds.--Cash proceeds attributable to the auction of any eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)) shall be deposited in the Spectrum Relocation Fund established under section 118 of such Act, and shall be available in accordance with that section.''. SEC. 4. ESTABLISHMENT OF FUND AND PROCEDURES. Part B of the National Telecommunications and Information Administration Organization Act is amended by adding after section 117 (47 U.S.C. 927) the following new section: ``SEC. 118. SPECTRUM RELOCATION FUND. ``(a) Establishment of Spectrum Relocation Fund.--There is established on the books of the Treasury a separate fund to be known as the `Spectrum Relocation Fund' (in this section referred to as the `Fund'), which shall be administered by the Office of Management and Budget (in this section referred to as `OMB'), in consultation with the NTIA. ``(b) Crediting of Receipts.--The Fund shall be credited with the amounts specified in section 309(j)(8)(D) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(D)). ``(c) Used To Pay Relocation Costs.--The amounts in the Fund from auctions of eligible frequencies are authorized to be used to pay relocation costs, as defined in section 113(g)(3) of this Act, of an eligible Federal entity incurring such costs with respect to relocation from those frequencies. ``(d) Fund Availability.-- ``(1) Appropriation.--There are hereby appropriated from the Fund such sums as are required to pay the relocation costs specified in subsection (c). ``(2) Transfer conditions.--None of the funds provided under this subsection may be transferred to any eligible Federal entity-- ``(A) unless the Director of OMB has determined, in consultation with the NTIA, the appropriateness of such costs and the timeline for relocation; and ``(B) until 30 days after the Director of the OMB has submitted to the Committees on Appropriations and Energy and Commerce of the House of Representatives, the Committees on Appropriations and Commerce, Science, and Transportation of the Senate, and the Comptroller General a detailed plan describing how the sums transferred from the Fund will be used to pay relocation costs in accordance with such subsection and the timeline for such relocation. ``(3) Reversion of unused funds.--Any unexpended balances in the Fund that are remaining after the payment of the relocation costs that are payable from the Fund shall revert to and be deposited in the general fund of the Treasury not later than 8 years after the date of the initial deposit to the Fund. ``(e) Transfer to Eligible Federal Entities.-- ``(1) Transfer.-- ``(A) Amounts made available pursuant to subsection (d) shall be transferred to eligible Federal entities, as defined in section 113(g)(1) of this Act. ``(B) An eligible Federal entity may receive more than one such transfer, but if the sum of the subsequent transfer or transfers exceeds 10 percent of the original transfer-- ``(i) such subsequent transfers are subject to prior approval by the Director of OMB as required by subsection (d)(2)(A); ``(ii) the notice to the committees containing the plan required by subsection (d)(2)(B) shall be not less than 45 days prior to the date of the transfer that causes such excess above 10 percent; ``(iii) such notice shall include, in addition to such plan, a explanation of need for such subsequent transfer or transfers; and ``(iv) the Comptroller General shall, within 30 days after receiving such plan, review such plan and submit to such committees an assessment of the explanation for the subsequent transfer or transfers. ``(C) Such transferred amounts shall be credited to the appropriations account of the eligible Federal entity which has incurred, or will incur, such costs, and shall, subject to paragraph (2), remain available until expended. ``(2) Retransfer to fund.--An eligible Federal entity that has received such amounts shall report its expenditures to OMB and shall transfer any amounts in excess of actual relocation costs back to the Fund immediately after the NTIA has notified the Commission that the entity's relocation is complete, or has determined that such entity has unreasonably failed to complete such relocation in accordance with the timeline required by subsection (d)(2)(A).''. SEC. 5. TELECOMMUNICATIONS DEVELOPMENT FUND. Section 714(f) of the Communications Act of 1934 (47 U.S.C. 614(f)) is amended to read as follows: ``(f) Lending and Credit Operations.--Loans or other extensions of credit from the Fund shall be made available to an eligible small business on the basis of-- ``(1) the analysis of the business plan of the eligible small business; ``(2) the reasonable availability of collateral to secure the loan or credit extension; ``(3) the extent to which the loan or credit extension promotes the purposes of this section; and ``(4) other lending policies as defined by the Board.''. SEC. 6. CONSTRUCTION. Nothing in this Act is intended to modify section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65). SEC. 7. EXEMPTION FROM SEQUESTRATION. The Spectrum Relocation Fund shall be exempt from reduction under any order issued under section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. SEC. 8. REPORT. The National Telecommunications and Information Administration shall submit an annual report to the Committees on Appropriations and Energy and Commerce of the House of Representatives, the Committees on Appropriations and Commerce, Science, and Transportation of the Senate, and the Comptroller General on-- (1) the progress made in adhering to the timelines applicable to relocation from eligible frequencies required under section 118(d)(2)(A) of the National Telecommunications and Information Administration Organization Act, separately stated on a communication system-by-system basis and on an auction-by-auction basis; and (2) with respect to each relocated communication system and auction, a statement of the estimate of relocation costs required under section 113(g)(4) of such Act, the actual relocations costs incurred, and the amount of such costs paid from the Spectrum Relocation Fund.

Commercial Spectrum Enhancement Act - Amends the National Telecommunications and Information Administration Organization Act to revise provisions concerning the reallocation of spectrum from governmental to commercial users.Mandates that any Federal entity that operates a Government station assigned within specified bands of frequencies and that incurs relocation costs due to reallocation to non-Federal use receive reimbursement from the Spectrum Relocation Fund established in this Act. Requires the Federal Communications Commission (FCC) to notify the National Telecommunications and Information Administration (NTIA) at least 18 months prior to commencement of any auction of eligible frequencies. Requires NTIA to: (1) notify the FCC of estimated relocation costs at least six months prior to the commencement of any such auction; and (2) submit to specified congressional committees and the Comptroller General a copy of cost estimates and time lines for relocation.Amends the Communications Act of 1934 to require the FCC: (1) in designing competitive bidding under such auctions, to have as an objective the recovery of 110 percent of the estimated relocation costs; (2) prescribe methods by which the total cash proceeds from any auction equals at least 110 percent of such costs; and (3) prohibit the FCC from concluding any auction under which such goal is not reached. Authorizes the FCC to grant a license for the advance use of eligible frequencies pending an auction, on the condition that the licensee cannot cause harmful interference to the Federal entity until the entity's authorization has been terminated.Establishes the Fund. Exempts the Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.Provides the basis for loans or other extensions of credit made from the Telecommunications Development Fund (established under prior law).

A bill to amend the National Telecommunications and Information Administration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School-Based Childhood Immunizations Program Amendments Act''. SEC. 2. ESTABLISHMENT OF PROGRAM FOR PROVISION OF CHILDHOOD IMMUNIZATIONS THROUGH ELEMENTARY SCHOOLS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 308 of Public Law 102-531 (106 Stat. 3495), is amended by inserting after section 317D the following section: ``school-based program of immunizations for children ``Sec. 317E. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and after consultation with the Secretary of Education, may make grants to local educational agencies for the purpose of providing to children immunizations for vaccine-preventable diseases. ``(b) Eligible Geographic Areas.--The Secretary may make a grant under subsection (a) only if the local educational agency involved administers 1 or more elementary schools located in communities-- ``(1) with substantial numbers of cases of vaccine- preventable diseases; or ``(2) with substantial numbers of children who have not received the number and variety of immunizations commonly recommended by medical authorities. ``(c) Certain Program Requirements.--The Secretary may make a grant under subsection (a) only if the local educational agency involved makes agreements as follows for the program operated with the grant: ``(1) The principal locations for providing immunizations will be the premises of schools described in subsection (b). ``(2) To the extent practicable, the individual with the principal responsibility for carrying out such program for a participating school will be a registered nurse-- ``(A) who is licensed by the State involved to practice as a nurse; and ``(B)(i) to whom the State has issued a credential in school nursing; or ``(ii) in the case of a State that does not issue such credentials, who has other documentation or experience appropriate for serving as a nurse at an elementary school. ``(3)(A) Each participating school will, on the premises of the school, make available to each student, and to each of the siblings of the student whose age is below the official age of school entry, the number and variety of vaccines recommended by the American Academy of Pediatrics. ``(B) To the extent practicable, each participating school will, on the premises of the school, make available to children in family child care homes or child care centers the number and variety of vaccines so recommended. ``(4) To the extent practicable, the immunizations will be administered only by the school nurse or by other registered nurses licensed by the State involved. ``(5) A charge will not be imposed for the provision of the immunizations. ``(6) Each participating school will notify the families of the students of the school that the school is providing the immunizations and of the importance of early immunization, and will answer parental inquiries about immunization. ``(7)(A) In the case of the community in which a participating school is located and the communities in which the students of the school reside, the school will, subject to subparagraphs (B) and (C), carry out in each such community a program to educate the residents of the community on-- ``(i) the availability from the school of immunizations; ``(ii) the importance of children receiving the number and variety of immunizations recommended by the American Academy of Pediatrics; ``(iii) the fact that no significant adverse health consequences result from administering immunizations to children during periods in which the children have common illnesses; and ``(iv) the availability of other health, educational, or social services from public and nonprofit entities in the geographic area involved. ``(B) In educating residents for purposes of subparagraph (A), each participating school will carry out the program of education for individuals caring for children in child care homes and child care centers, and will carry out the program for all parents of newborn infants. ``(C) Such program of education will be coordinated among each participating school (and such schools will not carry out duplicative activities in a community) and will be coordinated with local health departments, hospitals and maternity wards, birth registries, and community health centers. ``(8) In the case of the purposes for which a grant under subsection (a) may be expended, the local educational agency will maintain expenditures of non-Federal amounts for such purposes at a level that is not less than the level of such expenditures maintained by the agency for the fiscal year preceding the first fiscal year for which the agency receives such a grant. ``(d) Required Prior Arrangements for Programs.-- ``(1) Provision by state of supply of vaccines.--The Secretary may make a grant under subsection (a) to a local educational agency only if the agency has entered into an agreement with the State involved under which the State will, for purposes of the program operated by the agency with the grant, provide to the agency a supply of vaccines that is satisfactory to the Secretary in terms of the quantity of vaccines supplied and the charge imposed for the vaccines. ``(2) Participants in program of public education.--With respect to the program of education described in subsection (c)(7), the Secretary may make a grant under subsection (a) only if the local educational agency involved has entered into such agreements as may be necessary to ensure that, for purposes of educating a substantial number of individuals, an appropriate number and variety of public and private entities participate in the program and that the activities of the program are coordinated among such entities. ``(e) Requirement of Application.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary containing the agreements required in this section, and the application is in such form, is made in such manner, and contains such other agreements, and such assurances and information, as the Secretary determines to be necessary to carry out this section. ``(f) Certain Expenditures of Grant.-- ``(1) Certain permissible expenditures.--The purposes for which a grant under subsection (a) may be expended by a local educational agency include-- ``(A) carrying out the program of education described in subsection (c)(7); and ``(B) recruiting and retaining a school nurse, without regard to whether the functions of the nurse will include functions other than the functions of the program carried out under subsection (a). ``(2) General limitation.--In the case of the costs of establishing or operating a program under subsection (a), the Secretary may not authorize a local educational agency receiving a grant under such subsection to expend more than 15 percent of the grant for such costs that are not directly related to the provision of immunizations at participating schools. ``(g) Definitions.--For purposes of this section: ``(1) The term `immunizations' means immunizations against vaccine-preventable diseases. ``(2) The term `local educational agency' has the meaning given such term in section 1471 of the Elementary and Secondary Education Act of 1965. ``(3) The term `participating school' means a school described in subsection (b) at which an agency is providing immunizations with a grant under subsection (a). ``(4) The term `school nurse' means a nurse described in subsection (c)(2). ``(h) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $4,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996. ``(2) Initial number of grants.--For the first fiscal year for which amounts are appropriated under paragraph (1), the Secretary may not make more than 10 grants under subsection (a).''.

School-Based Childhood Immunizations Program Amendments Act - Amends the Public Health Service Act to authorize grants for immunizations for children. Authorizes the grants only to local educational agencies with elementary schools in communities with substantial cases of vaccine-preventable diseases and substantial numbers of unimmunized children. Mandates community education. Specifies permissible uses of grant funds, including recruiting and retaining a school nurse. Authorizes appropriations.

School-Based Childhood Immunizations Program Amendments Act

SECTION 1. DEVELOPING BEST PRACTICES AND RETENTION STRATEGIES IN NURSING STAFF MANAGEMENT. Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.) is amended by adding at the end the following: ``PART H--DEVELOPING BEST PRACTICES AND RETENTION STRATEGIES IN NURSING STAFF MANAGEMENT ``SEC. 851. GRANTS. ``(a) Program Authorized.--The Secretary shall award grants to eligible entities to carry out and evaluate demonstrations of models and best practices in nursing care and to develop innovative strategies or approaches for retention of professional nurses. ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a partnership or coalition containing a health care facility and a baccalaureate, associate degree, or diploma school of nursing or another organization with expertise in outcome and cost- effectiveness measurement; or ``(B) a health care facility demonstrating proficiency (as evidenced by accreditation by an accepted organization) in outcomes and cost- effectiveness measurement. ``(2) Health care facility.--The term `health care facility' means a hospital, skilled nursing facility, long-term care facility, home health care agency, federally qualified health center, nurse-managed health center, rural health clinic, public health clinic, or any other entity as designated by the Secretary. ``(3) Nurse leadership.--The term `nurse leadership' includes nurse executives, nurse administrators, and nurse managers. ``(4) Professional nurse.--The term `professional nurse' means a registered nurse who holds a valid and unrestricted license to practice nursing in a State. ``(c) Distribution of Grants.--Grants awarded under this section shall be distributed among eligible entities representing a variety of geographic regions and a range of different types and sizes of health care facilities. ``(d) Duration of Grants.--Grants awarded under this section shall be awarded for a period not greater than 2 years (and may be renewable only once). ``(e) Allocation.--The Secretary shall determine the amount of a grant awarded under this section for the nursing services of a health care facility based on the number of staffed beds of the facility as follows, and, if the Secretary deems appropriate, these amounts may be adjusted: ``(1) A maximum of $200,000 for a facility with fewer than 100 staffed beds. ``(2) A maximum of $400,000 for a facility with fewer than 400 staffed beds. ``(3) A maximum of $600,000 for a facility with 400 or more staffed beds. ``(f) Priority Criteria.--In awarding grants under this section, the Secretary shall give priority to-- ``(1) health care facilities that have not previously received grant funds under this section; or ``(2) in the case of a grant renewal, grant recipients who have demonstrated outcome improvements or have been designated as a magnet hospital by the American Nurses Credentialing Center. ``(g) Use of Funds.--An eligible entity that receives a grant under subsection (a) shall use such grant funds to do 1 or more of the following: ``(1) Improve the quality of the health care facility work environment, including improving communication and collaboration among health care professionals. ``(2) Initiate or maintain aggressive nurse retention programs, including other initiatives as deemed appropriate by the nurse retention committee at the health care facility. ``(3) Reduce workplace injuries. ``(4) Reduce rates of nursing sensitive patient outcomes. ``(5) Provide high-quality evaluations of the cost- effectiveness and patient outcomes of best practices, to assist health care facility decisionmakers in determining appropriate nurse retention strategies. ``(6) Promote continuing nursing education and career development. ``(h) Application.-- ``(1) In general.--An eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Contents.--An application submitted under paragraph (1) shall include a description of-- ``(A) the project or projects proposed to be carried out with grant funds; ``(B) the means by which to evaluate the project with respect to its cost-effectiveness and outcomes as they relate to staff turnover, workplace injuries, and patient care outcomes that are sensitive to nursing care; ``(C) the system of patient outcomes measure, which shall be described by the nurse leadership and professional nurses of the health care facility, shall be sensitive to nursing care, shall evaluate the specific needs of the patients served by the health care facility and the educational needs of the nursing staff at such facility to meet the needs of the patients, and shall be allocated by the health care facility sufficient funds to carry out the system; and ``(D) the health care facility's organizational and clinical decisionmaking processes that incorporate the input of the nursing staff, including the development of a nurse retention committee, the inclusion of nurse executive participation in senior level management of the health care facility, and a nurse residency training program for new graduate nurses entering the workforce on a full-time basis, or nurses returning to work at a health care facility on a full-time basis after an absence of not less than 3 years without working in the nursing field. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2002 through 2007.''.

Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to eligible entities to carry out and evaluate demonstrations of models and best practices in nursing care and to develop innovative strategies or approaches for retention of professional nurses.

To direct the Secretary of Health and Human Services to award grants to eligible entities to implement and evaluate demonstrations of models and best practices in nursing care and to develop innovative strategies for retention of professional nurses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Secret Service Retirement Act of 2011''. SEC. 2. AUTHORITY OF CERTAIN MEMBERS OF UNITED STATES SECRET SERVICE TO ELECT COVERAGE UNDER DISTRICT OF COLUMBIA POLICE AND FIREFIGHTER RETIREMENT SYSTEM. (a) In General.--Subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) is amended-- (1) by striking ``Whenever any member'' and inserting ``(1) In general.--Whenever any member''; and (2) by adding at the end the following new paragraph: ``(2) Coverage of Certain Other Employees of Secret Service.-- ``(A) In general.--Paragraph (1) shall apply with respect to a covered employee in the same manner as such paragraph applies to an individual who is authorized to make a transfer of funds under such paragraph, but only if-- ``(i) not later than 60 days after receiving notification of the transition cost associated with the application of paragraph (1) to the covered employee (as provided under section 2(b)(2) of the United States Secret Service Retirement Act of 2011), the covered employee provides a notification to the Director of the United States Secret Service containing such information and assurances as the Director may require; ``(ii) on or before the date the covered employee provides a notification under clause (i), the employee makes a lump sum payment in an amount equal to the transition cost associated with the application of paragraph (1) to the covered employee, in accordance with section 2(c) of the United States Secret Service Retirement Act of 2011; and ``(iii) the covered employee uses the account of the covered employee in the Thrift Savings Fund as the exclusive source of funds for making the lump sum payment under clause (ii). ``(B) Adjustment to reflect social security contributions and benefits.--In the case of a covered employee who authorizes a transfer of funds under paragraph (1), such covered employee shall be subject to the same deductions and shall be entitled to the same benefits as provided for under paragraph (1), subject to offset in accordance with section 103(e) of Public Law 100-238 (5 U.S.C. 8334 note). ``(C) Covered employee defined.--In this paragraph, the term `covered employee' means an individual who-- ``(i) was appointed as an officer or member of the United States Secret Service Division or the United States Secret Service Uniformed Division during 1984, 1985, or 1986; ``(ii) has actively performed duties other than clerical for 10 or more years directly related to the protection mission of the United States Secret Service described under section 3056 of title 18, United States Code; ``(iii) is serving as an officer or member of the United States Secret Service Division or the United States Secret Service Uniformed Division (or any successor entity) on the date of enactment of this paragraph; and ``(iv) is participating in the Federal Employees' Retirement System under chapter 84 of title 5, United States Code, on the date of enactment of this paragraph.''. (b) Notifications.-- (1) Initial notification by secret service.--Not later than 30 days after the date of the enactment of this Act, the Director of the United States Secret Service shall notify each covered employee that the covered employee may execute an election under this subsection to have paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) apply with respect to the covered employee. (2) Notification of transition cost.--Not later than 15 days after determining the amount of the transition cost associated with the application of paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) to a covered employee (in accordance with subsection (c)), the Director of the United States Secret Service shall notify the covered employee of such transition cost. (c) Transition Cost.-- (1) Determination of amount.--The transition cost associated with the application of paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act to a covered employee is the amount by which-- (A) the estimated present value of the payments which would be payable by the Federal Government to the District of Columbia with respect to such employee during the 11-fiscal year period beginning with the fiscal year in which this Act is enacted if such paragraph applies with respect to the covered employee, exceeds (B) the estimated present value of the benefits which would be payable from the Civil Service Retirement and Disability Fund with respect to such employee during the 11-year period described in subparagraph (A) if such paragraph does not apply with respect to the covered employee. (2) Determination.--Not later than 60 days after the date of the enactment of this Act, the Director of the United States Secret Service, in consultation with the Director of the Office of Personnel Management and the Mayor of the District of Columbia, shall determine the transition cost with respect to each covered employee, by applying such assumptions and other methodologies as the Director of the United States Secret Service considers appropriate, consistent with generally accepted actuarial practices and standards. (3) Use of distribution from thrift savings plan for lump sum payment.-- (A) In general.--For purposes of making the lump sum payment required under paragraph (2) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act, a covered employee shall, subject to section 8435 of title 5, United States Code (to the same extent and in the same manner as a withdrawal under section 8433(h) of such title), direct the Executive Director appointed under section 8474 of such title to make a single withdrawal from the account of the covered employee in the Thrift Savings Fund in an amount equal to the transition cost associated with the covered employee. (B) Transfer to secret service.--Upon being directed by a covered employee to make a withdrawal under subparagraph (A), the Executive Director shall transfer the amount of the withdrawal to the Director of the United States Secret Service for deposit into the Contributions for Annuity Benefits, United States Secret Service appropriations account of the Department of Homeland Security. (C) Tax rollover treatment.--Notwithstanding section 8433(c) (2), (3), and (4) of title 5, United States Code, any transfer made under subparagraph (B) shall be treated as a direct transfer described under section 402(e)(6) of the Internal Revenue Code of 1986. (d) Definition.--In subsections (b) and (c), a ``covered employee'' means an individual described in paragraph (2) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code), as added by subsection (a). SEC. 3. TREATMENT OF REEMPLOYED ANNUITANTS. Section 8468 of title 5, United States Code, is amended by adding at the end the following: ``(k)(1) For purposes of this section, the term `covered District of Columbia retiree' means an individual who is receiving benefits under the Policemen and Firemen's Retirement and Disability Act-- ``(A) based in whole or in part on such individual's service as an officer or member of the United States Secret Service Division or the United States Secret Service Uniformed Division; and ``(B) pursuant to an election, made under subsection (b)(2) of such Act (sec. 5-703, D.C. Official Code), to transfer to that retirement system from the retirement system under this chapter. ``(2) If a covered District of Columbia retiree becomes employed in an appointive or elective position (as referred to in subsection (a)), an amount equal to the retirement benefits which are payable under the Policemen and Firemen's Retirement and Disability Act and allocable to the period of actual employment shall be deducted from the pay of the reemployed retiree, to the same extent and in the same manner as if those retirement benefits were an annuity under this chapter. ``(3) The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection, including regulations under which an employing agency shall accept the certification of the appropriate official of the government of the District of Columbia regarding the amount of retirement benefits being paid to a covered District of Columbia retiree for a period during which such retiree is employed in the position described in paragraph (2).''. SEC. 4. PAYGO COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

United States Secret Service Retirement Act of 2011 - Authorizes an individual who was appointed as an officer or member of the United States Secret Service Division or the United States Secret Service Uniformed Division during 1984, 1985, or 1986, who has actively performed duties other than clerical duties for 10 or more years directly related to the agency's protection mission, who is serving as an officer or member of the Secret Service Division or the Secret Service Uniformed Division, and who is participating in the Federal Employees' Retirement System (FERS) on the date of enactment of this Act, to file an election to be covered by the District of Columbia Police and Firefighters Retirement and Disability System in the same manner as officers and members appointed prior to 1984. Requires such individual to cover transition costs to such System by using amounts in his or her Thrift Savings Fund.

To permit certain members of the United States Secret Service and certain members of the United States Secret Service Uniformed Division who were appointed in 1984, 1985, or 1986 to elect to be covered under the District of Columbia Police and Firefighter Retirement and Disability System in the same manner as members appointed prior to 1984.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Building Renewal and Energy Savings Act of 2007''. SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL BUILDINGS. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at the end the following: ``(f) Use of Energy and Water Efficiency Measures in Federal Buildings.-- ``(1) Energy and water evaluations.--Not later than 1 year after the date of enactment of this subsection, and every 3 years thereafter, each Federal agency shall complete a comprehensive energy and water evaluation for-- ``(A) each building and other facility of the Federal agency that is larger than a minimum size established by the Secretary; and ``(B) any other building or other facility of the Federal agency that meets any other criteria established by the Secretary. ``(2) Implementation of identified energy and water efficiency measures.-- ``(A) In general.--Not later than 2 years after the date of enactment of this subsection, and every 3 years thereafter, each Federal agency-- ``(i) shall fully implement each energy and water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (1) that has a 15-year simple payback period; and ``(ii) may implement any energy or water- saving measure that the Federal agency identified in the evaluation conducted under paragraph (1) that has longer than a 15-year simple payback period. ``(B) Payback period.-- ``(i) In general.--For the purpose of subparagraph (A), a measure shall be considered to have a 15-year simple payback if the quotient obtained under clause (ii) is less than or equal to 15. ``(ii) Quotient.--The quotient for a measure shall be obtained by dividing-- ``(I) the estimated initial implementation cost of the measure (other than financing costs); by ``(II) the annual cost savings from the measure. ``(C) Cost savings.--For the purpose of subparagraph (B), cost savings shall include net savings in estimated-- ``(i) energy and water costs; ``(ii) operations, maintenance, repair, replacement, and other direct costs; and ``(iii) external environmental, health, security, and other costs based on a cost adder, as determined in accordance with the guidelines issued by the Secretary under paragraph (4). ``(D) Exceptions.--The Secretary may modify or make exceptions to the calculation of a 15-year simple payback under this paragraph in the guidelines issued by the Secretary under paragraph (4). ``(3) Follow-up on implemented measures.--For each measure implemented under paragraph (2), each Federal agency shall carry out-- ``(A) commissioning; ``(B) operations, maintenance, and repair; and ``(C) measurement and verification of energy and water savings. ``(4) Guidelines.-- ``(A) In general.--The Secretary shall issue guidelines and necessary criteria that each Federal agency shall follow for implementation of-- ``(i) paragraph (1) not later than 90 days after the date of enactment of this subsection; and ``(ii) paragraphs (2) and (3) not later than 180 days after the date of enactment of this subsection. ``(B) Relationship to funding source.--The guidelines issued by the Secretary under subparagraph (A) shall be appropriate and uniform for measures funded with each type of funding made available under paragraph (8). ``(5) Web-based certification.-- ``(A) In general.--For each building and other facility that meets the criteria established by the Secretary under paragraph (1), each Federal agency shall use a web-based tracking system to certify compliance with the requirements for-- ``(i) energy and water evaluations under paragraph (1); ``(ii) implementation of identified energy and water measures under paragraph (2); and ``(iii) follow-up on implemented measures under paragraph (3). ``(B) Deployment.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall deploy the web-based tracking system required under this paragraph in a manner that tracks, at a minimum-- ``(i) the covered buildings and other facilities; ``(ii) the status of evaluations; ``(iii) the identified measures, with estimated costs and savings; ``(iv) the status of implementing the measures; ``(v) the measured savings; and ``(vi) the persistence of savings. ``(C) Availability.-- ``(i) In general.--Subject to clause (ii), the Secretary shall make the web-based tracking system required under this paragraph available to Congress, other Federal agencies, and the public through the Internet. ``(ii) Exemptions.--At the request of a Federal agency, the Secretary may exempt specific data for specific buildings from disclosure under clause (i) for national security purposes. ``(6) Benchmarking of federal facilities.-- ``(A) In general.--Each Federal agency shall enter energy use data for each building and other facility of the Federal agency into a building energy use benchmarking system, such as the Energy Star Portfolio Manager. ``(B) System and guidance.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall-- ``(i) select or develop the building energy use benchmarking system required under this paragraph for each type of building; and ``(ii) issue guidance for use of the system. ``(7) Federal agency scorecards.-- ``(A) In general.--The Director of the Office of Management and Budget shall issue quarterly scorecards for energy management activities carried out by each Federal agency that includes-- ``(i) summaries of the status of-- ``(I) energy and water evaluations under paragraph (1); ``(II) implementation of identified energy and water measures under paragraph (2); and ``(III) follow-up on implemented measures under paragraph (3); and ``(ii) any other means of measuring performance that the Director considers appropriate. ``(B) Availability.--The Director shall make the scorecards required under this paragraph available to Congress, other Federal agencies, and the public through the Internet. ``(8) Funding.-- ``(A) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. ``(B) Funding options.-- ``(i) In general.--To carry out paragraphs (1) through (3), a Federal agency may use any combination of-- ``(I) appropriated funds made available under subparagraph (A); and ``(II) private financing, including financing available through energy savings performance contracts or utility energy savings contracts. ``(ii) Combined funding for same measure.-- A Federal agency may use any combination of appropriated funds and private financing described in clause (i) to carry out the same measure under this subsection, with proportional allocation for any energy and water savings. ``(iii) Lack of appropriated funds.--Since measures may be carried out using private financing described in clause (i), a lack of available appropriations shall not be considered a sufficient reason for the failure of a Federal agency to comply with paragraphs (1) through (3).''. SEC. 3. ENERGY SAVINGS PERFORMANCE CONTRACTS. Section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (D), by inserting ``beginning on the date of the delivery order'' after ``25 years''; and (B) by adding at the end the following: ``(E) Promotion of contracts.--In carrying out this section, a Federal agency shall not-- ``(i) establish a Federal agency policy that limits the maximum contract term under subparagraph (D) to a period shorter than 25 years; or ``(ii) limit the total amount of obligations under energy savings performance contracts or other private financing of energy savings measures. ``(F) Measurement and verification requirements for private financing.-- ``(i) In general.--The evaluations and savings measurement and verification required under paragraphs (1) and (3) of section 543(f) shall be used by a Federal agency to meet the requirements for-- ``(I) in the case of energy savings performance contracts, the need for energy audits, calculation of energy savings, and any other evaluation of costs and savings needed to implement the guarantee of savings under this section; and ``(II) in the case of utility energy service contracts, needs that are similar to the purposes described in subclause (I). ``(ii) Modification of existing contracts.--Not later than 180 days after the date of enactment of this subparagraph, each Federal agency shall, to the maximum extent practicable, modify any indefinite delivery and indefinite quantity energy savings performance contracts, and other indefinite delivery and indefinite quantity contracts using private financing, to conform to the amendments made by the Federal Building Renewal and Energy Savings Act of 2007.''; and (2) by striking subsection (c);

Federal Building Renewal and Energy Savings Act of 2007 - Amends the National Energy Conservation Policy Act to require each federal agency to: (1) complete a comprehensive energy and water evaluation for each of its buildings and facilities meeting minimum size or other criteria established by the Secretary of Energy; and (2) implement each energy and water efficiency measure identified in such evaluation. Requires a federal agency to: (1) use a web-based tracking system to certify compliance with this Act; and (2) enter energy use data for each of its facilities and buildings into a building energy use benchmarking system, such as the Energy Star Portfolio Manager. Instructs the Director of the Office of Management and Budget to issue quarterly scorecards for energy management activities carried out by each federal agency. Prohibits a federal agency from: (1) establishing a policy that limits the maximum term of an energy savings performance contract to a period shorter than 25 years; or (2) limiting the total amount of obligations under such contracts, or other private financing of, energy savings measures. Repeals the termination date for authority to enter into new contracts (thus making such authority permanent).

A bill to amend the National Energy Conservation Policy Act to promote the use of energy and water efficiency measures in Federal buildings, to promote energy savings performance contracts and utility energy service contracts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Food Choices for Kids Act''. SEC. 2. SCHOOL LUNCH LABELING AND NUTRITIONAL AWARENESS PILOT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following-- ``(j) School Lunch Labeling and Nutritional Awareness Pilot Program.-- ``(1) In general.--Subject to the availability of funds under paragraph (7), the Secretary shall award grants to not more than 10 States to assist not more than 10 schools in each of such States in carrying out a pilot program in accordance with paragraph (5) that requires schools-- ``(A) to post nutritional content information in school cafeterias regarding the food items served in the cafeterias; and ``(B) to teach students about how to make healthy food selections. ``(2) Grant amounts.--The Secretary shall ensure that each grant awarded is of sufficient size and scope to carry out the pilot program described in this subsection. ``(3) Duration of grants.--The Secretary may award grants for multiple years to States that meet the grant requirements described in paragraph (4). ``(4) Grant requirements.--To qualify to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- ``(A) an assurance that the State will ensure that each school awarded a subgrant under this subsection meets the pilot program requirements described in paragraph (5) within 1 year of such subgrant award; ``(B) a plan to inform all the schools within the State about the pilot program and the school application requirements described in paragraph (5); ``(C) an assurance that the State will use not less than 95 percent of the grant funds to award subgrants to schools in accordance with this subsection; ``(D) an assurance that the State will award such subgrants to at least 3, but not more than 5, schools in such State that have in effect at the date of the enactment of this subsection a program to provide nutritional content information regarding food items served in the cafeterias of such schools to students attending such schools; and ``(E) an assurance that the State will award such subgrants to at least 3, but not more than 5, schools that are located in the rural areas of such State. ``(5) Subgrant requirements.--To qualify to receive a subgrant under this subsection, a school shall submit an application to a State receiving a grant under this subsection at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- ``(A) a plan for implementing the pilot program, including-- ``(i) efforts to ensure that nutritional content information, including caloric information, regarding the food items served in the school's cafeteria is posted in a visible location at the point of decision in the cafeteria and that such information is readable and appropriate for the students who attend the school and the parents or legal guardians of such students; ``(ii) efforts to develop and implement, or expand a school wellness program or other nutritional awareness program in effect at the date of enactment of this subsection to include an educational program to teach students at the school about making healthy food selections; and ``(iii) efforts to consult with a licensed nutritionist, registered dietitian, school nutrition specialist, or professional with similar qualifications at least once a year regarding the pilot program requirements described in clauses (i) and (ii) and any related nutritional matters; ``(B) a certification of support for participation in the pilot program signed by the school food manager, school nurse, school principal, and district superintendent (or equivalent positions, as determined by the school); and ``(C) whether the school plans to post the nutritional content information described in subparagraph (A)(i) on the school's website. ``(6) Guidance; encouragement.-- ``(A) Guidance.--The Secretary shall provide guidance to the States and schools receiving grants or subgrants under this subsection to assist such States and schools in meeting the requirements of this subsection. ``(B) Encouragement.--The Secretary shall encourage schools receiving subgrants under this subsection to post the nutritional content information, including caloric information, regarding food items served at the school on the school's website. ``(7) Reports.-- ``(A) Each State receiving grant funds under this subsection shall submit a report at such time, in such manner, and containing such information as the Secretary may require. ``(B) Not later than 1 year after the effective date of this subsection and every 2 years thereafter, the Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate that contains-- ``(i) the number of schools receiving subgrants under this subsection; and ``(ii) a detailed description of the status of the pilot program carried out by each school under this subsection, including a list of program accomplishments and challenges, and an evaluation of the effectiveness of the program, in each school. ``(8) Authorization of appropriations.--There are authorized to be appropriated such funds as necessary to carry out this subsection. ``(9) Definitions.--In this subsection: ``(A) Licensed nutritionist.--The term `licensed nutritionist' means any person who meets the educational and training requirements under applicable State law and the credentialing requirements of the applicable professional association, if any, to become a licensed nutritionist. ``(B) Registered dietitian.--The term `registered dietitian' means any person who meets the educational and training requirements to become credentialed as a registered dietitian by the Commission on Dietetic Registration. ``(C) School nutrition specialist.--The term `school nutrition specialist' means any person who meets the educational and training requirements to become credentialed as a school nutrition specialist by the School Nutrition Association.''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect not later than 180 days after the date of the enactment of this Act.

Healthy Food Choices for Kids Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to award grants to up to 10 states and, through them, subgrants to up to 10 schools in each of those states for a pilot program requiring schools to: (1) post nutritional content information in school cafeterias regarding the food they serve; and (2) teach students how to make healthy food selections. Requires the Secretary to encourage such schools to post the nutritional content information, including caloric information, on their websites.

To amend section 18 of the Richard B. Russell National School Lunch Act to establish a pilot program that requires schools to post nutritional content information regarding foods served at schools and to teach students how to make healthy food selections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited at the ``Protecting Students from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. BACKGROUND CHECKS. ``(a) Background Checks.--Each State that receives funds under this Act shall have in effect policies and procedures that-- ``(1) require that criminal background checks be conducted for school employees that include-- ``(A) a search of the State criminal registry or repository in the State in which the school employee resides and each State in which such school employee previously resided; ``(B) a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which such school employee previously resided; ``(C) a search of the National Crime Information Center of the Department of Justice; ``(D) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and ``(E) a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); ``(2) prohibit the employment of school employees for a position as a school employee if such individual-- ``(A) refuses to consent to the criminal background check described in paragraph (1); ``(B) makes a false statement in connection with such criminal background check; ``(C) has been convicted of a felony consisting of-- ``(i) homicide; ``(ii) child abuse or neglect; ``(iii) a crime against children, including child pornography; ``(iv) spousal abuse; ``(v) a crime involving rape or sexual assault; ``(vi) kidnapping; ``(vii) arson; or ``(viii) physical assault, battery, or a drug-related offense, committed within the past 5 years; or ``(D) has been convicted of any other crime that is a violent or sexual crime against a minor; ``(3) require that a local educational agency or State educational agency that receives information from a criminal background check conducted under this section that an individual who has applied for employment with such agency as a school employee is a sexual predator report to local law enforcement that such individual has so applied; ``(4) require that the criminal background checks described in paragraph (1) be periodically repeated; and ``(5) provide for a timely process by which a school employee may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check and seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check, but that does not permit the school employee to be employed as a school employee during such process. ``(b) Definitions.--In this section: ``(1) School employee.--The term `school employee' means-- ``(A) an employee of, or a person seeking employment with, a local educational agency or State educational agency, and who has a job duty that results in exposure to students; or ``(B) an employee of, or a person seeking employment with, a for-profit or nonprofit entity, or local public agency, that has a contract or agreement to provide services with a school, local educational agency, or State educational agency, and whose job duty-- ``(i) is to provide such services; and ``(ii) results in exposure to students. ``(2) Sexual predator.--The term `sexual predator' means a person 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor.''. SEC. 3. CONFORMING AMENDMENT. Section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 9536 the following: ``Sec. 9537. Background checks.''. Passed the House of Representatives December 21, 2010. Attest: LORRAINE C. MILLER, Clerk.

Protecting Students from Sexual and Violent Predators Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving funds under that Act to have in effect policies and procedures that: (1) require criminal background checks for school employees, including searches of state criminal registries or repositories, state-based child abuse and neglect registries and databases, the National Crime Information Center of the Department of Justice, the National Sex Offender Registry, and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI); and (2) prohibit the employment of school employees who refuse to consent to a criminal background check, make false statements in connection with one, or have been convicted of one of a list of felonies or any other crime that is a violent or sexual crime against a child. Lists those felonies as: (1) homicide; (2) child abuse or neglect; (3) crimes against children; (4) spousal abuse; (5) crimes involving rape or sexual assault; (6) kidnapping; (7) arson; and (8) physical assault, battery, or drug-related offenses, committed within the past five years. Requires local educational agencies (LEAs) or state educational agencies (SEAs) to report to local law enforcement any applicants for school employment who are discovered to be sexual predators. Requires periodic repetitions of such criminal background checks. Requires such states to provide for a timely process under which school employees may: (1) appeal the results of a criminal background check to challenge the accuracy or completeness of the information produced; and (2) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced. Requires this appeals process, however, to deny the individual employment as a school employee during the process.

To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Improvement Act of 1999''. SEC. 2. PUBLIC LANDS DISPOSAL REQUIREMENT. (a) Disposal Requirement.-- (1) In general.--Not later than 7 years after the date of the enactment of this Act, and subject to paragraphs (2), (3), and (4), the Secretary of the Interior shall dispose of all right, title, and interest of the United States in and to all public lands administered by the Bureau of Land Management that, as of the date of the enactment of this Act, have been identified for disposal under the land use planning process under section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713). (2) Milestones.--Of the lands referred to in paragraph (1), the Secretary shall dispose of-- (A) at least \1/3\ before the end of the 3-year period beginning on the date of the enactment of this Act; and (B) at least \2/3\ before the end of the 5-year period beginning on such date. (3) Retention of wilderness lands.--The Secretary shall not under this section dispose of any lands located in any wilderness area or wilderness study area. (4) Net cost limitation.--The Secretary shall not under this section dispose of a parcel of land if cost to the United States of the disposal exceeds the amount that would be received by the United States for the parcel. (b) Manner of Disposal.--The Secretary shall dispose of public lands under this section-- (1) in accordance with the procedures that apply under subsection (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) to sales of public lands under that section; and (2) in parcels of 160 acres or less. (c) Determination of Lands for Disposal.--The Secretary may determine the public lands to be disposed of under this section. (d) Use of Proceeds.--Of amounts received by the United States as proceeds of disposals of public lands under this section-- (1) \1/3\ shall be deposited in the account established by subsection (e); (2) \1/3\ shall be paid to the county in which the lands are located for use by the county for any purpose, which may include education, transportation and infrastructure, or preservation of open spaces; and (3) \1/3\ shall be deposited in the general fund of the Treasury and utilized to reduce the public debt. (e) Special Account.-- (1) Establishment.--There is established in the Treasury of the United States a separate account to be used in carrying out this section. (2) Contents.--The account shall consist of-- (A) amounts deposited in the account under subsection (d); and (B) interest added to the account under paragraph (4) of this subsection. (3) Use.-- (A) In general.--Amounts in the account shall be available to the Secretary until expended, without further appropriation, to pay-- (i) subject to subparagraph (B), costs incurred by the Bureau of Land Management in arranging disposals of public lands under this section, including the costs of land boundary surveys, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), appraisals, environmental and cultural clearances, and public notice; (ii) the cost of acquisition from a willing seller of environmentally sensitive land or interests in such land in States in which are located public lands disposed of under this section; (iii) the cost of carrying out any necessary revision or amendment of a current land use plan of the Bureau of Land Management that relates to public lands disposed of under this section; (iv) the cost of projects or programs to restore or protect wetlands, riparian areas, or cultural, historic, prehistoric, or paleontological resources on public lands, including petroglyphs; and (v) the cost of projects, programs, or land acquisition to stabilize or restore water quality for water located or used on public lands. (B) Limitations.-- (i) Costs in arranging land disposals.-- Costs charged against the account for the purposes described in subparagraph (A)(i) shall not exceed the minimum amount practicable in view of the fair market value of the public lands disposed of. (ii) Acquisition.--Not more than 50 percent of the amounts deposited in the account in any fiscal year may be used in that fiscal year or any subsequent fiscal year for the purpose described in subparagraph (A)(ii). (C) Plan revisions and amendments.--The process of revising or amending a land use plan shall not cause delay or postponement in the implementation of this section. (f) Annual Report.--Not later than October 31 of each year, the Secretary shall report to the Congress describing in detail the use under subsection (d) during the preceding fiscal year of proceeds of disposals of public lands under this section, including the expenditures in that fiscal year of amounts made available under subsection (e). (g) Definitions.--In this section: (1) Public lands.--The term ``public lands'' has the meaning that term has under section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Prohibits the disposal of: (1) lands located in wilderness areas or wilderness study areas; and (2) parcels of land if the cost of disposal exceeds the amount that would be received for such parcels. Requires the disposal of such public lands in parcels of 160 acres or less. Requires one-third of the proceeds to be deposited in a separate account established by this Act, one-third to be paid to the county in which the lands are located, and one-third to be deposited in the Treasury's general fund and utilized for reducing the public debt. Requires the separate account to be available to the Secretary for paying, subject to specified limitations: (1) costs incurred by the BLM in arranging the disposals; (2) the cost of acquisition from a willing seller of environmentally sensitive land in States in which such public lands are located ; (3) the cost of carrying out any necessary revision or amendment of a current BLM land use plan that relates to such public lands; (4) the cost of projects or programs to restore or protect wetlands, riparian areas, or cultural, historic, prehistoric, or paleontological resources on public lands, including petroglyphs; and (5) the cost of projects, programs, or land acquisition to stabilize or restore water quality for water located or used on public lands. Requires the Secretary to report to Congress each fiscal year on the use of such proceeds.

Federal Lands Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowner Equity Protection Act of 2010''. SEC. 2. PROHIBITION ON TRANSFER FEES AND COVENANTS. (a) Prohibition.--The Real Estate Settlement Procedures Act of 1974 is amended by inserting after section 12 (12 U.S.C. 2610) the following new section: ``SEC. 13. PROHIBITION ON TRANSFER FEES AND COVENANTS. ``(a) Transfer Fee Covenants After Effective Date.--No person shall demand or accept a transfer fee pursuant to a transfer fee covenant that is recorded in any State if the transfer for which the transfer fee is imposed involves a federally related mortgage loan and such transfer occurs after the effective date under section 3 of the Homeowner Equity Protection Act of 2010. No person shall enforce or seek to enforce any lien purporting to secure the payment of a transfer fee pursuant to a transfer fee covenant recorded in any State in connection with any transfer involving a federally related mortgage loan if such transfer occurs after such effective date. ``(b) Coordination With State Law.--No provision of State law or regulation that imposes more stringent limitations on transfer fees or transfer fee covenants shall be construed as being inconsistent with this section. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Covered association.--The term `covered association' means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes, or any interest in real property, created pursuant to a declaration, covenant, or other applicable law. ``(2) State.--The term `State' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. ``(3) Transfer.--The term `transfer' means, with respect to real property, the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an interest in the real property. ``(4) Transfer fee.--The term `transfer fee' means a fee or charge imposed by a transfer fee covenant, except that such term shall not include any tax, assessment, fee, or charge imposed by a governmental authority pursuant to applicable laws, regulations, or ordinances. ``(5) Transfer fee covenant.-- ``(A) In general.--The term `transfer fee covenant' means a provision in a document relating to the transfer of specified residential real property located in any State and designed principally for the occupancy of from one to four families, whether recorded or not and however denominated, that-- ``(i) purports to run with the land or bind current owners of, or successors in title to such real property; and ``(ii) obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. ``(B) Exclusions.--Such term shall not include-- ``(i) any provision of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates one party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined by the agreement, if such amount-- ``(I) is payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; ``(II) constitutes a loan assumption or similar fee charged by a lender holding a lien on the property; or ``(III) constitutes a fee or commission paid to a licensed real estate broker for brokerage services rendered in connection with the transfer of the property for which the fee or commission is paid; ``(ii) any provision in a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in clause (i); ``(iii) any provision of a document requiring payment of a fee, charge, assessment, dues, fine, contribution, or other amount payable to a covered association pursuant to a declaration or covenant or law applicable to such covered association, including fees or charges payable for estoppel letters or certificates issued by the covered association or its authorized agent; or ``(iv) any provision of a document requiring payment of a fee or charge to an organization described in paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986, to be used exclusively to support cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefitting the real property affected by the provision or the community of which the property is a part. ``(d) Remedies.-- ``(1) Penalties.--Any person or persons who violate this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both. ``(2) Joint and several liability; treble damages.--Any person or persons who violate the prohibitions or limitations of this section shall be jointly and severally liable to the person or persons charged for the transfer fee involved in the violation in an amount equal to three times the amount of any such transfer fee involved. ``(3) Actions by secretary and state officials.--The Secretary, the Attorney General of any State, or the insurance commissioner of any State may bring an action to enjoin violations of this section. ``(4) Court costs and attorneys fees.--In any private action brought pursuant to this subsection, the court may award to the prevailing party the court costs of the action together with reasonable attorneys fees.''. (b) Jurisdiction of Courts.--Section 16 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2614) is amended by striking ``or 9'' each place such term appears and inserting ``, 9, or 13''. SEC. 3. EFFECTIVE DATE. The amendment made by section 2 shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.

Homeowner Equity Protection Act of 2010 - Amends the Real Estate Settlement Procedures Act of 1974 to prohibit any person from demanding or accepting a transfer fee pursuant to a transfer fee covenant recorded in any state if the transfer for which such fee is imposed involves a federally related mortgage loan and the transfer occurs after the expiration of the 90-day period beginning on the date of the enactment of this Act. Prohibits enforcement of a lien purporting to secure the payment of such a fee. Defines a "transfer fee covenant" as a provision in a document relating to the transfer of specified residential real property designed principally for the occupancy of from one to four families, whether recorded or not and however denominated, that: (1) purports to run with the land or bind current owners of, or successors in title to such real property; and (2) obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. Imposes civil and criminal penalties, including liability for treble damages, for violation of this Act. Allows an action pursuant to this Act to be brought in the U.S. district court, or in any other court of competent jurisdiction, for the district in which the property involved is located.

To amend the Real Estate Settlement Procedures Act of 1974 to prohibit certain transfer fees and covenants in connection with the sale of real property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015''. SEC. 2. AMENDMENT TO PURPOSE. Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is amended to read as follows: ``(1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that-- ``(A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and ``(B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and''. SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``or''; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) to maintain and operate an existing State- controlled substance monitoring program.''; and (B) in paragraph (3), by inserting ``by the Secretary'' after ``Grants awarded''; (2) by amending subsection (b) to read as follows: ``(b) Minimum Requirements.--The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).''; (3) in subsection (c)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by striking ``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)''; (ii) in clause (i), by striking ``program to be improved'' and inserting ``program to be improved or maintained''; (iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv) by inserting after clause (ii) the following: ``(iii) a plan to apply the latest advances in health information technology in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients' controlled prescription drug history;''; (v) in clause (iv), as redesignated, by inserting before the semicolon at the end ``and at least one health information technology system such as an electronic health records system, a health information exchange, or an e- prescribing system''; and (vi) in clause (v), as redesignated, by striking ``public health'' and inserting ``public health or public safety''; (B) in paragraph (3)-- (i) by striking ``If a State that submits'' and inserting the following: ``(A) In general.--If a State that submits''; (ii) by striking the period at the end and inserting ``and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for implementation of such interoperability.''; and (iii) by adding at the end the following: ``(B) Monitoring of efforts.--The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).''; and (C) in paragraph (5)-- (i) by striking ``implement or improve'' and inserting ``establish, improve, or maintain''; and (ii) by adding at the end the following: ``The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).''; (4) in subsection (d)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``In implementing or improving'' and all that follows through ``(a)(1)(B)'' and inserting ``In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1)''; and (ii) by striking ``public health'' and inserting ``public health or public safety''; and (B) by adding at the end the following: ``(5) The State shall report to the Secretary on-- ``(A) as appropriate, interoperability with the controlled substance monitoring programs of Federal departments and agencies; ``(B) as appropriate, interoperability with health information technology systems such as electronic health records systems, health information exchanges, and e-prescribing systems; and ``(C) whether or not the State provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient.''; (5) in subsections (e), (f)(1), and (g), by striking ``implementing or improving'' each place it appears and inserting ``establishing, improving, or maintaining''; (6) in subsection (f)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``misuse of a schedule II, III, or IV substance'' and inserting ``misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act''; and (ii) in subparagraph (D), by inserting ``a State substance abuse agency,'' after ``a State health department,''; and (B) by adding at the end the following: ``(3) Evaluation and reporting.--Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary-- ``(A) to evaluate the success of the State's program in achieving its purposes; or ``(B) to prepare and submit the report to Congress required by subsection (l)(2). ``(4) Research by other entities.--A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.''; (7) by redesignating subsections (h) through (n) as subsections (j) through (p), respectively; (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking ``subsection (h)'' each place it appears and inserting ``subsection (j)''; (9) by inserting after subsection (g) the following: ``(h) Education and Access to the Monitoring System.--A State receiving a grant under subsection (a) shall take steps to-- ``(1) facilitate prescriber and dispenser use of the State's controlled substance monitoring system; ``(2) educate prescribers and dispensers on the benefits of the system both to them and society; and ``(3) facilitate linkage to the State substance abuse agency and substance abuse disorder services. ``(i) Consultation With Attorney General.--In carrying out this section, the Secretary shall consult with the Attorney General of the United States and other relevant Federal officials to-- ``(1) ensure maximum coordination of controlled substance monitoring programs and related activities; and ``(2) minimize duplicative efforts and funding.''; (10) in subsection (l)(2)(A), as redesignated by paragraph (7)-- (A) in clause (ii), by inserting ``; established or strengthened initiatives to ensure linkages to substance use disorder services;'' before ``or affected patient access''; and (B) in clause (iii), by inserting ``and between controlled substance monitoring programs and health information technology systems'' before ``, including an assessment''; (11) by striking subsection (m) (relating to preference), as redesignated by paragraph (7); (12) by redesignating subsections (n) through (p), as redesignated by paragraph (7), as subsections (m) through (o), respectively; (13) in subsection (m)(1), as redesignated by paragraph (12), by striking ``establishment, implementation, or improvement'' and inserting ``establishment, improvement, or maintenance''; (14) in subsection (n), as redesignated by paragraph (12)-- (A) in paragraph (5)-- (i) by striking ``means the ability'' and inserting the following: ``means-- ``(A) the ability''; (ii) by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(B) sharing of State controlled substance monitoring program information with a health information technology system such as an electronic health records system, a health information exchange, or an e-prescribing system.''; (B) in paragraph (7), by striking ``pharmacy'' and inserting ``pharmacist''; and (C) in paragraph (8), by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and any commonwealth or territory of the United States''; and (15) by amending subsection (o), as redesignated by paragraph (12), to read as follows: ``(o) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years from 2016 through 2020.''. Passed the House of Representatives September 8, 2015. Attest: KAREN L. HAAS, Clerk.

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015 (Sec. 2) Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of state-administered controlled substance monitoring systems ensuring access to prescription history information for the investigative purposes of appropriate law enforcement, regulatory, and state professional licensing authorities. (Sec. 3) Amends the Public Health Service Act to revise and reauthorize through FY2020 the controlled substance monitoring program, including to: allow grants to be used to maintain and operate existing state controlled substance monitoring programs, require the Department of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees, require a state to provide HHS with aggregate data and other information to enable HHS to evaluate the success of the state's program, and expand the program to include any commonwealth or territory of the United States. Allows the Drug Enforcement Administration, HHS, a state Medicaid program, a state health department, or a state substance abuse agency receiving nonidentifiable information from a controlled substance monitoring database for research purposes to make that information available to other entities for research purposes. Requires a state receiving a grant to: (1) facilitate prescriber and dispenser use of the state's controlled substance monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society.

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children of Female Vietnam Veterans' Benefits Act of 2000''. SEC. 2. BENEFITS FOR THE CHILDREN OF FEMALE VIETNAM VETERANS WHO SUFFER FROM CERTAIN BIRTH DEFECTS. (a) In General.--Chapter 18 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER II--CHILDREN OF FEMALE VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS ``Sec. 1811. Definitions ``In this subchapter: ``(1) The term `child', with respect to a female Vietnam veteran, means a natural child of the female Vietnam veteran, regardless of age or marital status, who was conceived after the date on which the female Vietnam veteran first entered the Republic of Vietnam during the Vietnam era (as specified in section 101(29)(A) of this title). ``(2) The term `covered birth defect' means each birth defect identified by the Secretary under section 1812 of this title. ``(3) The term `female Vietnam veteran' means any female individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era (as so specified), without regard to the characterization of the individual's service. ``Sec. 1812. Birth defects covered ``(a) Identification.--Subject to subsection (b), the Secretary shall identify the birth defects of children of female Vietnam veterans that-- ``(1) are associated with the service of female Vietnam veterans in the Republic of Vietnam during the Vietnam era (as specified in section 101(29)(A) of this title); and ``(2) result in the permanent physical or mental disability of such children. ``(b) Limitations.--(1) The birth defects identified under subsection (a) may not include birth defects resulting from the following: ``(A) A familial disorder. ``(B) A birth-related injury. ``(C) A fetal or neonatal infirmity with well-established causes. ``(2) The birth defects identified under subsection (a) may not include spina bifida. ``(c) List.--The Secretary shall prescribe in regulations a list of the birth defects identified under subsection (a). ``Sec. 1813. Benefits and assistance ``(a) Health Care.--(1) The Secretary shall provide a child of a female Vietnam veteran who was born with a covered birth defect such health care as the Secretary determines is needed by the child for such birth defect or any disability that is associated with such birth defect. ``(2) The Secretary may provide health care under this subsection directly or by contract or other arrangement with a health care provider. ``(3) For purposes of this subsection, the definitions in section 1803(c) of this title shall apply with respect to the provision of health care under this subsection, except that for such purposes-- ``(A) the reference to `specialized spina bifida clinic' in paragraph (2) of such section 1803(c) shall be treated as a reference to a specialized clinic treating the birth defect concerned under this subsection; and ``(B) the reference to `vocational training under section 1804 of this title' in paragraph (8) of such section 1803(c) shall be treated as a reference to vocational training under subsection (b). ``(b) Vocational Training.--(1) The Secretary may provide a program of vocational training to a child of a female Vietnam veteran who was born with a covered birth defect if the Secretary determines that the achievement of a vocational goal by the child is reasonably feasible. ``(2) Subsections (b) through (e) of section 1804 of this title shall apply with respect to any program of vocational training provided under paragraph (1). ``(c) Monetary Allowance.--(1) The Secretary shall pay a monthly allowance to any child of a female Vietnam veteran who was born with a covered birth defect for any disability resulting from such birth defect. ``(2) The amount of the monthly allowance paid under this subsection shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary. ``(3) In prescribing a schedule for rating disabilities under paragraph (2), the Secretary shall establish four levels of disability upon which the amount of the monthly allowance under this subsection shall be based. ``(4) The amount of the monthly allowance paid under this subsection shall be as follows: ``(A) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under this subsection, $100. ``(B) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under this subsection, the greater of-- ``(i) $214; or ``(ii) the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section. ``(C) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under this subsection, the greater of-- ``(i) $743; or ``(ii) the monthly amount payable under section 1805(b)(3) of this title for the intermediate level of disability prescribed for purposes of that section. ``(D) In the case of a child suffering from the highest level of disability prescribed in the schedule for rating disabilities under this subsection, the greater of-- ``(i) $1,272; or ``(ii) the monthly amount payable under section 1805(b)(3) of this title for the highest level of disability prescribed for purposes of that section. ``(5) Amounts under subparagraphs (A), (B)(i), (C)(i), and (D)(i) of paragraph (4) shall be subject to adjustment from time to time under section 5312 of this title. ``(6) Subsections (c) and (d) of section 1805 of this title shall apply with respect to any monthly allowance paid under this subsection. ``(d) General Limitations on Availability of Benefits and Assistance.--(1) No individual receiving benefits or assistance under this section may receive any benefits or assistance under subchapter I of this chapter. ``(2) In any case where affirmative evidence establishes that the covered birth defect of a child results from a cause other than the active military, naval, or air service in the Republic of Vietnam of the female Vietnam veteran who is the mother of the child, no benefits or assistance may be provided the child under this section. ``(e) Regulations.--The Secretary shall prescribe regulations for purposes of the administration of the provisions of this section.''. (b) Administrative Provisions.--That chapter is further amended by inserting after subchapter II, as added by subsection (a) of this section, the following new subchapter: ``SUBCHAPTER III--ADMINISTRATIVE MATTERS ``Sec. 1821. Applicability of certain administrative provisions ``The provisions of sections 5101(c), 5110(a), (b)(2), (g), and (i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and (b)(10) of this title shall apply with respect to benefits and assistance under this chapter in the same manner as such provisions apply to veterans' disability compensation. ``Sec. 1822. Treatment of receipt of monetary allowance on other benefits ``(a) Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual is otherwise entitled under any law administered by the Secretary. ``(b) Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives such monetary allowance. ``(c) Notwithstanding any other provision of law, a monetary allowance paid an individual under this chapter shall not be considered as income or resources in determining eligibility for or the amount of benefits under any Federal or Federally-assisted program.''. (c) Repeal of Superseded Matter.--Section 1806 of title 38, United States Code, is repealed. (d) Redesignation of Existing Matter.--Chapter 18 of that title is further amended by inserting before section 1801 the following: ``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA''. (e) Conforming Amendments.--(1) Sections 1801 and 1802 of that title are each amended by striking ``this chapter'' and inserting ``this subchapter''. (2) Section 1805(a) of such title is amended by striking ``this chapter'' and inserting ``this section''. (e) Clerical Amendments.--(1)(A) The chapter heading of chapter 18 of that title is amended to read as follows: ``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS''. (B) The tables of chapters at beginning of that title, and at the beginning of part II of that title, are each amended by striking the item relating to chapter 18 and inserting the following new item: ``18. Benefits for Children of Vietnam Veterans............. 1801''. (2) The table of sections at the beginning of chapter 18 of that title is amended-- (A) by inserting after the chapter heading the following: ``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA''; (B) by striking the item relating to section 1806; and (C) by adding at the end the following: ``SUBCHAPTER II--CHILDREN OF FEMALE VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS ``1811. Definitions. ``1812. Birth defects covered. ``1813. Benefits and assistance. ``SUBCHAPTER III--ADMINISTRATIVE MATTERS ``1821. Applicability of certain administrative provisions. ``1822. Treatment of receipt of monetary allowance on other benefits.''. (f) Applicability.--(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the first day of the first month beginning more than one year after the date of the enactment of this Act. (2) The Secretary of Veterans Affairs shall identify birth defects under section 1822 of title 38, United States Code (as added by subsection (a) of this section), and shall prescribe the regulations required by subchapter II of that title (as so added), not later than the effective date specified in paragraph (1). (3) No benefit or assistance may be provided under subchapter II of chapter 18 of title 38, United States Code (as so added), for any period before the effective date specified in paragraph (1) by reason of the amendments made by this section.

Directs the Secretary to pay a monthly allowance to such a child, the amount to be determined through a schedule rating the various covered defects and disabilities and their degree. Prohibits individuals receiving benefits or assistance under these provisions from receiving benefits or assistance under provisions authorizing benefits for children of Vietnam veterans who are born with spina bifida. Prohibits the provision of any assistance or benefits where affirmative evidence shows the birth defect to be the result of something other than service in Vietnam.

Children of Female Vietnam Veterans' Benefits Act of 2000