FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Illegal Alien Capture Notification Act''. SEC. 2. INFORMATION SHARING REGARDING CRIMINAL ALIENS. Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended-- (1) by striking ``Immigration and Naturalization Service'' each place it appears and inserting ``Department of Homeland Security''; (2) in subsection (a), by striking ``may'' and inserting ``shall''; (3) in subsection (b)-- (A) by striking ``no person or agency may'' and inserting ``a person or agency shall not''; and (B) by striking ``doing any of the following with respect to information'' and inserting ``undertaking any of the following law enforcement activities''; (4) by striking paragraphs (1) through (3) and inserting the following: ``(1) Notifying the Federal Government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a State or political subdivision of a State. ``(2) Complying with requests for information from Federal law enforcement.''; and (5) by adding at the end the following: ``(d) Sanctuary Policies.--Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official shall not issue in the form of resolutions, ordinances, administrative actions, general or special orders, or departmental policies that violate Federal law or restrict a State or political subdivision of a State from complying with Federal law or coordinating with Federal law enforcement. ``(e) Compliance.-- ``(1) In general.--A State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive-- ``(A) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the `Cops on the Beat' program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.); or ``(B) any other law enforcement or Department of Homeland Security grant. ``(2) Annual determination.-- ``(A) Requirement.--Not later than March 1 of each year, the Secretary of Homeland Security shall determine which States or political subdivisions of a State are not in compliance with this section and report such determination to Congress. ``(B) Ineligibility for financial assistance.--Any jurisdiction that the Secretary determines is not in compliance under subparagraph (A)-- ``(i) shall be ineligible to receive Federal financial assistance as provided in paragraph (1) for a minimum period of 1 year; and ``(ii) shall only become eligible for such assistance after the Secretary certifies that the jurisdiction is in compliance. ``(3) Reallocation.--Any funds that are not allocated to a State or to a political subdivision of a State, due to the failure of the State, or of the political subdivision of the State, to comply with this section shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. ``(f) State and Local Law Enforcement Provision of Information About Apprehended Aliens.-- ``(1) Provision of information.--In compliance with this section and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and each political subdivision of a State, shall provide the Secretary of Homeland Security in a timely manner with identifying information with respect to each alien in the custody of the State, or a political subdivision of the State, who is believed to be inadmissible or deportable. ``(2) Annual report on compliance.--Not later than March 1 of each year, the Secretary shall determine which States, or the political subdivisions of States, are not in compliance with this section and submit such determination to Congress. ``(g) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (f)(1). ``(h) Construction.--Nothing in this section shall require law enforcement officials of a State, or from political subdivisions of a State-- ``(1) to provide the Secretary of Homeland Security with information related to a victim of a crime or witness to a criminal offense; or ``(2) to otherwise report or arrest such a victim or witness.''.

Illegal Alien Capture Notification Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide that a person or agency shall (currently, may) not prohibit or restrict a federal, state, or local government entity from undertaking any of the following law enforcement activities (current law refers to information activities) regarding an individual's immigration status: notifying the federal government regarding the presence of inadmissible and deportable aliens who are encountered by state or local law enforcement personnel, or complying with federal law enforcement information requests. A federal, state, or local government entity or official shall not issue ordinances, administrative actions, general or special orders, or departmental policies that violate federal law or restrict a state or political subdivision from complying with federal law or coordinating with federal law enforcement. A state or political subdivision that has in effect a statute, policy, or practice that prohibits state or local law enforcement officers from assisting or cooperating with federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive: (1) funds for the incarceration of undocumented criminal aliens or for the Cops on the Beat program, or (2) any other law enforcement or Department of Homeland Security (DHS) grant. States or political subdivisions not in compliance shall: (1) be ineligible to receive such assistance for at least one year, and (2) become eligible for such assistance only after DHS certifies that the jurisdiction is in compliance. Withheld funds shall be reallocated to complying states or political subdivisions. States and political subdivisions shall provide DHS with identifying information regarding each incarcerated alien who is believed to be inadmissible or deportable. Nothing in this bill shall require state or local law enforcement officials to: (1) provide DHS with information related to a victim of a crime or witness to a criminal offense, or (2) otherwise report or arrest such a victim or witness.

Illegal Alien Capture Notification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Mentally Disabled New Americans Act of 1997''. SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR SSI AND FOOD STAMPS: EXCEPTION FOR MENTALLY DISABLED ALIENS. (a) In General.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Certain disabled aliens.--Paragraph (1) shall not apply to an alien who-- ``(i) on the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is a qualified alien (as defined in section 431); and ``(ii) is, or would be, considered disabled due to mental impairment under section 1614 of the Social Security Act.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. SEC. 3. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, SOCIAL SERVICES BLOCK GRANT, AND MEDICAID: EXCEPTION FOR MENTALLY DISABLED ALIENS. (a) In General.--Section 402(b)(2) of the Permanent Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Certain disabled aliens.--Paragraph (1) shall not apply to an alien who-- ``(i) on the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is a qualified alien (as defined in section 431); and ``(ii) is, or would be, considered disabled due to mental impairment under section 1614 of the Social Security Act.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. SEC. 4. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED ALIENS FOR STATE PUBLIC BENEFITS: EXCEPTION FOR MENTALLY DISABLED ALIENS. (a) In General.--Section 412(b) of the Permanent Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1622(b)) is amended by adding after paragraph (4) the following new paragraph: ``(5) Certain disabled aliens.--Subsection (a) shall not apply to an alien who-- ``(A) on the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is a qualified alien (as defined in section 431); and ``(B) is, or would be, considered disabled due to mental impairment under section 1614 of the Social Security Act.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. SEC. 5. PROHIBITION ON STATE REQUIREMENTS OF MINIMUM UNITED STATES RESIDENCE FOR STATE BENEFITS FOR MENTALLY DISABLED ALIENS. Title IV of the Permanent Responsibility and Work Opportunity Reconciliation Act of 1996 is amended by inserting after section 412 the following new section: ``SEC. 413. PROHIBITION ON REQUIREMENT FOR MINIMUM UNITED STATES RESIDENCE FOR MENTALLY DISABLED ALIENS. ``(a) In General.--Notwithstanding any other provision of law, in determining the eligibility or the amount of benefits of a mentally disabled alien for any State or local public benefits, a State or political subdivision that offers the benefits may not provide for a minimum period of residence in the United States for any alien who on the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was lawfully present in the United States. ``(b) Mentally Disabled Defined.--For the purposes of subsection (a) the term `mentally disabled' means an alien who is, or would be, considered disabled due to mental impairment under section 1614 of the Social Security Act.''. SEC. 6. NATURALIZATION OF CERTAIN MENTALLY DISABLED PERMANENT RESIDENT ALIENS. (a) Amendment to the Immigration and Nationality Act.--Chapter 2 of the Immigration and Nationality Act is amended by inserting after section 312 the following new section: ``naturalization of mentally disabled persons ``Sec. 312A. The requirements of section 312 and 337 shall not apply to an alien who-- ``(1) on the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; ``(2) is unable due to developmental disability or mental impairment to comply with such requirements; and ``(3) has a legally appointed guardian who is a United States citizen.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to applications for naturalization filed on or after the date of enactment of this Act and to applications for naturalization pending on such date.

Fairness for Mentally Disabled New Americans Act of 1997 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make qualified aliens who are mentally impaired eligible for specified Federal, State, and local public benefits. Prohibits States from imposing a minimum U.S. residence requirement with respect to such benefits. Amends the Immigration and Nationality Act to exempt such persons with a U.S. citizen-guardian from naturalization language, history, and oath of allegiance provisions.

Fairness for Mentally Disabled New Americans Act of 1997

SECTION 1. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS. (a) Proof of Identity.-- (1) In general.--A Federal agency may not accept for any identification-related purpose a driver's license, or other comparable identification document, issued by a State to any person, unless the application process for the license or document includes the presentation by the applicant of evidence of identity in accordance with this subsection. (2) General requirements.-- (A) Number of documents.--The applicant shall present-- (i) 2 documents described in this subsection, if at least 1 contains a clear photograph of the applicant and at least 1 is a primary document; or (ii) 3 documents described in this subsection, if at least 1 is a primary document. (B) Originals or certified copies.--All documents presented shall be originals or copies certified by the issuing agency. (C) English.--All documents presented shall be in English. (3) Primary documents.--For purposes of this subsection, the following shall be considered primary documents, if they include the date of birth of the applicant: (A) Birth certificate (or delayed birth certificate) issued in any State, territory, or possession of the United States. (B) United States Certificate of Birth Abroad. (C) United States passport. (D) Foreign passport with a visa valid for admission into the United States, and an admission stamp or Arrival-Departure Record (Department of Homeland Security Form I-94) in the passport. (E) Arrival-Departure Record (Department of Homeland Security Form I-94) with a photograph. (F) Alien Registration Receipt Card (Department of Homeland Security Form I-551) (issued after March 1977). (G) Employment Authorization Card (Department of Homeland Security Form I-688A, I-688B, or I-766). (H) United States Certificate of Naturalization. (I) United States Certificate of Citizenship. (J) Driver's license, instruction permit, or identification card issued by any State, territory, or possession of the United States after the effective date of this Act. (K) Tribal Certificate of Indian Blood. (L) Tribal or Bureau of Indian Affairs Affidavit of Birth. (M) Department of Defense Certificate of Release or Discharge from Active Duty (DD Form 214). (N) Department of Defense identification card issued to an active duty, reserve, or retired member of the Armed Forces of the United States. (4) Secondary documents.--For purposes of this subsection, the following shall be considered secondary documents: (A) Department of Defense identification card issued to a dependent. (B) Department of Defense driver's license. (C) Social Security Card. (D) Motor vehicle record or clearance letter (within 30 days of issue). (E) Legal guardian affidavit. (F) Selective Service System Registration Acknowledgement Card. (G) Department of the Treasury, Internal Revenue Service Form W-2 Wage and Tax Statement. (H) Department of Veterans Affairs identification card. (I) Concealed weapon permit. (J) Medical insurance identification card. (K) Professional license. (L) Bank card. (M) Credit card. (N) Employee identification badge (with photograph). (O) School identification card (with photograph). (P) Marriage license issued by any State, territory, or possession of the United States. (Q) Any of the following orders or decrees from a court of record: (i) Divorce. (ii) Adoption. (iii) Name change. (iv) Bankruptcy. (v) Emancipation. (b) Expiration of Identification Documents Issued to Nonimmigrants.--A Federal agency may not accept for any identification- related purpose a driver's license, or other comparable identification document, issued by a State to any person, unless the State has in effect a policy requiring any such license or document, when issued by the State to a nonimmigrant alien, to bear an expiration date that is not later than-- (1) the last day of the nonimmigrant alien's lawfully authorized period of stay in the United States; or (2) 5 years after the date on which the license or document is issued, in any case in which the nonimmigrant alien's lawfully authorized period of stay-- (A) is modified at any time after the alien's admission into the United States; or (B) does not expire on a date certain. (c) Grants to States.--The Secretary of Homeland Security shall make grants to States to assist them in complying with the requirements described in subsections (a) and (b). (d) Effective Date.--This section shall take effect one year after the date of the enactment of this Act, but shall apply only to licenses or documents issued to a nonimmigrant alien for the first time after such effective date and to replacement or renewal licenses or documents issued according to State law after such effective date. (e) Definitions.--For purposes of this section: (1) Federal agency.--The term ``Federal agency'' means any of the following: (A) An Executive agency (as defined in section 105 of title 5, United States Code). (B) An agency in the judicial branch of the Government of the United States. (2) Nonimmigrant alien.--The term ``nonimmigrant alien'' means an alien who is lawfully admitted to the United States by reason of having presented at the port of entry a valid unexpired nonimmigrant visa issued under section 221 of the Immigration and Nationality Act (8 U.S.C. 1201).

Prohibits Federal agencies from accepting for any identification-related purpose a State-issued driver's license or other comparable identification document unless the application process for licenses or documents include presentation by applicants as evidence of identity: (1) two documents, with at least one containing a clear photograph of the applicant and at least one which is a primary document (as defined in this Act); or (2) three documents, if at least one is a primary document. Requires all documents to presented in English. Prohibits Federal agencies from accepting for any identification-related purpose any State-issued driver's license or other comparable identification document unless the State requires such licenses or documents issued to nonimmigrant aliens to expire on a date that is not later than: (1) the expiration of the alien's authorized U.S. stay; or (2) five years after such document's issuance in any case in which the alien's lawful stay is modified after U.S. admission, or does not expire on a fixed date. Directs the Secretary of Homeland Security to make grants to assist States in complying with the requirements described in this Act.

To bar Federal agencies from accepting for any identification-related purpose a State-issued driver's license, or other comparable identification document, unless the State has in effect a policy requiring presentation of acceptable forms of identification prior to issuance of the license or document, and the State requires the license or document, if issued to a nonimmigrant alien, to expire upon the expiration of the alien's authorized period of stay in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Fish and Wildlife Restoration Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes have fish and wildlife communities that are structurally and functionally changing; (2) successful fish and wildlife management focuses on the lakes as ecosystems, and effective management requires the coordination and integration of efforts of many partners; (3) it is in the national interest to undertake activities in the Great Lakes Basin that support sustainable fish and wildlife resources of common concern provided under the recommendations of the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force); (4) additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources, and the habitats upon which the resources depend, in the Great Lakes Basin; (5) as of the date of enactment of this Act, actions are not funded that are considered essential to meet the goals and objectives in managing the fish and wildlife resources, and the habitats upon which the resources depend, in the Great Lakes Basin; and (6) the Great Lakes Fish and Wildlife Restoration Act (16 U.S.C. 941 et seq.) allows Federal agencies, States, and tribes to work in an effective partnership by providing the funding for restoration work. SEC. 3. DEFINITIONS. Section 1004 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941b) is amended-- (1) by striking paragraphs (1), (4), and (12); (2) by redesignating paragraphs (2), (3), (5), (6), (7), (8), (9), (10), (11), (13), and (14) as paragraphs (1), (2), (3), (4), (5), (6), (7), (9), (10), (11), and (12), respectively; (3) in paragraph (4) (as redesignated by paragraph (2)), by inserting before the semicolon at the end the following: ``, and that has Great Lakes fish and wildlife management authority in the Great Lakes Basin''; and (4) by inserting after paragraph (7) (as redesignated by paragraph (2)) the following: ``(8) the term `regional project' means authorized activities of the United States Fish and Wildlife Service related to fish and wildlife resource protection, restoration, maintenance, and enhancement impacting multiple States or Indian Tribes with fish and wildlife management authority in the Great Lakes basin;''. SEC. 4. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS. Section 1005 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941c) is amended to read as follows: ``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS AND REGIONAL PROJECTS. ``(a) In General.--Subject to subsection (b)(2), the Director-- ``(1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects based on the results of the Report; and ``(2) in cooperation with the State Directors and Indian Tribes, shall identify, develop, and, subject to the availability of appropriations, implement regional projects in the Great Lakes Basin to be administered by Director in accordance with this section. ``(b) Identification of Proposals and Regional Projects.-- ``(1) Request by the director.--The Director shall annually request that State Directors and Indian Tribes, in cooperation or partnership with other interested entities and in accordance with subsection (a), submit proposals or regional projects for the restoration of fish and wildlife resources. ``(2) Requirements for proposals and regional projects.--A proposal or regional project under paragraph (1) shall be-- ``(A) submitted in the manner and form prescribed by the Director; and ``(B) consistent with-- ``(i) the goals of the Great Lakes Water Quality Agreement, as amended; ``(ii) the 1954 Great Lakes Fisheries Convention; ``(iii) the 1980 Joint Strategic Plan for Management of Great Lakes Fisheries, as revised in 1997, and Fish Community Objectives for each Great Lake and connecting water as established under the Joint Strategic Plan; ``(iv) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.); ``(v) the North American Waterfowl Management Plan and joint ventures established under the plan; and ``(vi) the strategies outlined through the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force). ``(3) Sea lamprey authority.--The Great Lakes Fishery Commission shall retain authority and responsibility to formulate and implement a comprehensive program to eradicate or minimize sea lamprey populations in the Great Lakes Basin. ``(c) Review of Proposals.-- ``(1) Establishment of committee.--There is established the Great Lakes Fish and Wildlife Restoration Proposal Review Committee, which shall operate under the guidance of the United States Fish and Wildlife Service. ``(2) Membership and appointment.-- ``(A) In general.--The Committee shall consist of 2 representatives of each of the State Directors and Indian Tribes, of whom-- ``(i) 1 representative shall be the individual appointed by the State Director or Indian Tribe to the Council of Lake Committees of the Great Lakes Fishery Commission; and ``(ii) 1 representative shall have expertise in wildlife management. ``(B) Appointments.--Each representative shall serve at the pleasure of the appointing State Director or Tribal Chair. ``(C) Observer.--The Great Lakes Coordinator of the United States Fish and Wildlife Service shall participate as an observer of the Committee. ``(D) Recusal.--A member of the Committee shall recuse himself or herself from consideration of proposals that the member, or the entity that the member represents, has submitted. ``(3) Functions.--The Committee shall-- ``(A) meet at least annually; ``(B) review proposals and regional projects developed in accordance with subsection (b) to assess the effectiveness and appropriateness of the proposals and regional projects in fulfilling the purposes of this title; and ``(C) recommend to the Director any of those proposals and regional projects that should be funded and implemented under this section. ``(d) Implementation of Proposals and Regional Projects.-- ``(1) In general.--After considering recommendations of the Committee and the goals specified in section 1006, the Director shall-- ``(A) select proposals and regional projects to be implemented; and ``(B) subject to the availability of appropriations and subsection (e), fund implementation of the proposals and regional projects. ``(2) Selection criteria.--In selecting and funding proposals and regional projects, the Director shall take into account the effectiveness and appropriateness of the proposals and regional projects in fulfilling the purposes of other laws applicable to restoration of the fish and wildlife resources and habitat of the Great Lakes Basin. ``(e) Cost Sharing.-- ``(1) In general.--Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal selected under subsection (d) (excluding the cost of establishing sea lamprey barriers) shall be paid in cash or in-kind contributions by non-Federal sources. ``(2) Regional projects.--Regional projects selected under subsection (d) shall be exempt from cost sharing if the Director determines that the authorization for the project does not require a non-Federal cost-share. ``(3) Exclusion of federal funds from non-federal share.--The Director may not consider the expenditure, directly or indirectly, of Federal funds received by any entity to be a contribution by a non-Federal source for purposes of this subsection. ``(4) Effect on certain indian tribes.--Nothing in this subsection affects an Indian tribe affected by an alternative applicable cost sharing requirement under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.).''. SEC. 5. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PROGRAMS RELATED TO GREAT LAKES FISH AND WILDLIFE RESOURCES. Section 1006 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941d) is amended by striking paragraph (1) and inserting the following: ``(1) Restoring and maintaining self-sustaining fish and wildlife resources.''. SEC. 6. ESTABLISHMENT OF OFFICES. Section 1007 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941e) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Great Lakes Coordination Office.-- ``(1) In general.--The Director shall establish a centrally located facility for the coordination of all United States Fish and Wildlife Service activities in the Great Lakes Basin, to be known as the `Great Lakes Coordination Office'. ``(2) Functional responsibilities.--The functional responsibilities of the Great Lakes Coordination Office shall include-- ``(A) intra- and interagency coordination; ``(B) information distribution; and ``(C) public outreach. ``(3) Requirements.--The Great Lakes Coordination Office shall-- ``(A) ensure that information acquired under this Act is made available to the public; and ``(B) report to the Director of Region 3, Great Lakes Big Rivers.''; (2) in subsection (b)-- (A) in the first sentence, by striking ``The Director'' and inserting the following: ``(1) In general.--The Director'';. (B) in the second sentence, by striking ``The office'' and inserting the following: ``(2) Name and location.--The office''; and (C) by adding at the end the following: ``(3) Responsibilities.--The responsibilities of the Lower Great Lakes Fishery Resources Office shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Lower Great Lakes.''; and (3) in subsection (c)-- (A) in the first sentence, by striking ``The Director'' and inserting the following: ``(1) In general.--The Director'';. (B) in the second sentence, by striking ``Each of the offices'' and inserting the following: ``(2) Name and location.--Each of the offices''; and (C) by adding at the end the following: ``(3) Responsibilities.--The responsibilities of the Upper Great Lakes Fishery Resources Offices shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Upper Great Lakes.''. SEC. 7. REPORTS. Section 1008 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941f) is amended to read as follows: ``SEC. 1008. REPORTS. ``(a) In General.--Not later than December 31, 2011, the Director shall submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes-- ``(1) actions taken to solicit and review proposals under section 1005; ``(2) the results of proposals implemented under section 1005; and ``(3) progress toward the accomplishment of the goals specified in section 1006. ``(b) Public Access to Data.--For each of fiscal years 2007 through 2012, the Director shall make available through a public access website of the Department information that describes-- ``(1) actions taken to solicit and review proposals under section 1005; ``(2) the results of proposals implemented under section 1005; ``(3) progress toward the accomplishment of the goals specified in section 1006; ``(4) the priorities proposed for funding in the annual budget process under this title; and ``(5) actions taken in support of the recommendations of the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force). ``(c) Report.--Not later than June 30, 2007, the Director shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives the 2002 report required under this section as in effect on the day before the date of enactment of the Great Lakes Fish and Wildlife Restoration Act of 2006.''. SEC. 8. CONTINUED MONITORING AND ASSESSMENT OF STUDY FINDINGS AND RECOMMENDATIONS. The Director of the United States Fish and Wildlife Service-- (1) shall continue to monitor the status, and the assessment, management, and restoration needs, of the fish and wildlife resources of the Great Lakes Basin; and (2) may reassess and update, as necessary, the findings and recommendations of the report entitled ``Great Lakes Fishery Resources Restoration Study'', submitted to the President of the Senate and the Speaker of the House of Representatives on September 13, 1995. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 1009 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941g) is amended to read as follows: ``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Director for each of fiscal years 2007 through 2012-- ``(1) $14,000,000 to implement fish and wildlife restoration proposals as selected by the Director under section 1005(e), of which-- ``(A) not more than the lesser of 33 1/3 percent or $4,600,000 may be allocated to implement regional projects by the United States Fish and Wildlife Service, as selected by the Director under section 1005(e); and ``(B) the lesser of 5 percent or $700,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; and ``(2) $2,000,000, which shall be allocated for the activities of the Great Lakes Coordination Office in East Lansing, Michigan, of the Upper Great Lakes Fishery Resources Office, and the Lower Great Lakes Fishery Resources Office under section 1007.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Great Lakes Fish and Wildlife Restoration Act of 2006 - Reauthorizes the Great Lakes Fish and Wildlife Restoration Act of 1990. (Sec. 4) Requires the Director of the U.S. Fish and Wildlife Service (FWS) to encourage and implement fish and wildlife restoration proposals and regional projects if funding is available. Defines "regional projects" as authorized activities of FWS related to fish and wildlife resource protection, restoration, maintenance, and enhancement impacting multiple states or Indian tribes with fish and wildlife management authority in the Great Lakes basin. Requires proposals or regional projects to be consistent with: (1) the goals of the Great Lakes Water Quality Agreement, as amended; (2) the 1954 Great Lakes Fisheries Convention; (3) the 1980 Joint Strategic Plan for Management of Great Lakes Fisheries, and Fish Community Objectives for each Great Lake and connecting water as established under the Joint Strategic Plan; (4) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990; (5) the North American Waterfowl Management Plan and joint ventures established under the plan; and (6) the strategies outlined through the Great Lakes Regional Collaboration authorized under Executive Order 13340. Reauthorizes provisions concerning the Great Lakes Fishery Commission's retention of authority and responsibility for the formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Great Lakes Basin. Requires the Great Lakes Fish and Wildlife Restoration Proposal Review Committee to operate under the guidance of FWS (currently, under the guidance of the Council of Lake Committees of the Great Lakes Fishery Commission) and revises Committee membership requirements. Requires the Committee to meet annually. (Sec. 5) Revises the goals of FWS programs related to the Great Lakes fish and wildlife resources to include restoring and maintaining self-sustaining fish and wildlife resources. (Sec. 6) Requires the Great Lakes Coordination Office to: (1) ensure that information acquired under such Act is made available to the public; and (2) report to the FWS Director of Region Three, Great Lakes Big Rivers. Includes within the responsibilities of the Lower Great Lakes Fishery Resources Office and the Upper Great Lakes Fishery Resources Offices FWS operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the offices' respective regions. (Sec. 7) Requires the Director to: (1) submit a report to Congress no later than December 31, 2011, that describes actions taken to solicit and review proposals, the results of the implemented proposals, and progress toward the accomplishment of the Act's goals; (2) make available through a public website of the Department information concerning the proposals, progress, proposed funding priorities, and actions taken in support of the recommendations of the Great Lakes Regional Collaboration for FY2007-FY2012; and (3) submit to Congress no later than June 30, 2007, the 2002 report required under the Great Lakes Fish and Wildlife Restoration Act of 1990. (Sec. 8) Requires the Director to continue to monitor the status and the assessment, management, and restoration needs of the Great Lakes Basin's fish and wildlife resources. Authorizes the Director to reassess and update the findings and recommendations of the Great Lakes Fishery Resources Restoration Study. (Sec. 9) Authorizes appropriations for FY2007-FY2012 for: (1) the implementation of fish and wildlife restoration proposals; and (2) the activities of the Great Lakes Coordination Office in East Lansing, Michigan, the Upper Great Lakes Fishery Resources Office, and the Lower Great Lakes Fishery Resources Office.

A bill to amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide for implementation of recommendations of the United States Fish and Wildlife Service contained in the Great Lakes Fishery Resources Restoration Study.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency Modernization Act of 2009''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) Federally assisted housing programs provide robust opportunities for energy efficiency improvements and up-front investments in such improvements would provide significant long-term cost savings for taxpayers, provide stimulus to the economy through creation of capital projects and jobs, establish best practices for the industry and be consistent with the mandate of the Department of Housing and Urban Development (HUD); (2) the Government Accountability Office reported in an October 2008 study that HUD pays an estimated $5 billion annually for energy costs for approximately 6 million dwelling units of assisted housing, representing almost 17 percent of the Nation's housing stock; (3) according to the Harvard University Graduate School of Design, more than 80 percent of federally assisted housing stock is between 15 years to 30 years old; (4) existing rules and regulations do not adequately incentivize owners of HUD-assisted property to maximize efforts to make energy efficiency improvements to such properties; and (5) increasing the energy efficiency of federally-assisted housing by 25 percent to 40 percent would create near-term savings for HUD of roughly $1 billion to $1.5 billion annually, resulting in substantial long-term cost savings for the Federal Government and for taxpayers. SEC. 3. GREEN DIVIDEND PROGRAM FOR FEDERALLY ASSISTED RENTAL HOUSING. (a) Authority.--The Secretary shall establish a program under this section to provide green dividends to owners of covered federally assisted housing projects who undertake utility cost-saving measures that result in utility cost savings for such housing. (b) Green Dividends.-- (1) In general.--A green dividend under this section with respect to a covered federally assisted housing project shall be an annual distribution, to the owner of the project, of an amount of the surplus project funds that is equal to the sum of-- (A) 50 percent of the annual utility cost savings resulting from the utility cost-saving measures conducted for the project; and (B) any reasonable costs, as determined by the Secretary pursuant to subsection (d)(4), incurred by the owner in carrying out the utility cost-saving measures, including financing costs incurred by the owner or a third party, in compliance with guidelines established pursuant to subsection (d)(3). (2) Additional to standard distribution.--Notwithstanding any other law or regulation relating to a limitation on distributions for a covered federally assisted housing project, a green dividend under this section shall be in addition to the standard distribution that the owner of the project is authorized to receive from the project pursuant to the regulations of the Secretary. (c) Standards for Measurement and Monitoring.--In carrying out the program under this section, the Secretary shall establish and utilize the following standardized methods: (1) Methods that an owner of a covered federally assisted housing project may use to accurately measure the baseline utility use of the project before undertaking the utility cost- saving measures for the project. (2) Methods that an owner of a covered federally assisted housing project may use to effectively monitor reductions in the utility use of the project resulting from the completed utility cost-saving measures for the project. (3) Methods that an owner of a covered federally assisted housing project may use to track, and that the Secretary may use to verify, utility cost savings resulting from the utility cost-saving measures for the project that account for the effect of changes in utility costs and such other factors that the Secretary considers necessary or appropriate. (d) Other Requirements.-- (1) Application and selection.--The Secretary shall establish requirements for owners of covered federally assisted housing projects to apply for participation in the program under this section and shall select among such applications based upon selection criteria, which the Secretary shall establish. (2) Cost-effectiveness.--The Secretary shall establish guidelines to ensure that any utility cost-saving measures undertaken pursuant to the program under this section are cost- effective in relation to the utility cost savings resulting from the measures and the green dividend provided under this section to the owner. (3) Energy performance contracts.--The Secretary shall establish guidelines for the use of energy performance contracting in carrying out utility cost-saving measures pursuant to the program under this section. (4) Financing costs.--The Secretary shall establish guidelines for the financing of the reasonable costs incurred by an owner of a covered federally assisted housing project in carrying out utility cost-saving measures under the program under this section, and whether such costs, whether financed by the limited dividend owner or a third party, shall be repayable from project funds. (5) Reporting.-- (A) To secretary.--The Secretary shall require each owner of a covered federally assisted housing project for which a green dividend is provided pursuant to the program under this section to submit to the Secretary such reports regarding the project, the utility cost- saving measures undertaken for the project, and the utility cost savings of the project in accordance with such requirements as the Secretary shall establish. (B) To congress.--The Secretary shall submit a reports to the Congress describing the implementation and operation of the program under this section, as follows: (i) Initial report.--The Secretary shall submit a report describing the initial implementation and operation of the program not later than the expiration of the 180-day period beginning upon the date of the enactment of this Act. (ii) Annual reports.--Not later than the expiration of the 12-month period that begins upon the expiration of the period specified clause (i), and upon the expiration of each successive 12-month period thereafter, the Secretary shall submit a report describing the ongoing operation of the program. (e) Preemption of Conflicting State Laws Limiting Distributions.-- (1) In general.--Except as provided in paragraph (2), no State or political subdivision of a State may establish, continue in effect, or enforce any law, regulation, or administrative requirement that limits or restricts, to an amount that is less than the sum of the amounts provided for under paragraphs (1) and (2) of subsection (b), the amount of surplus project funds accruing after the date of the enactment of this section that may be distributed from any covered federally assisted housing project. (2) Exception and waiver.--Paragraph (1) shall not apply to any law or regulation to the extent such law or regulation applies to-- (A) a State-financed covered federally assisted housing project; or (B) a covered federally assisted housing project for which the owner has elected to waive the applicability of paragraph (1). (f) Definitions.--For purposes of this section, the following definitions shall apply: (1) Covered federally assisted housing project.--The term ``covered federally assisted housing project'' means any multifamily rental housing project that-- (A) is provided any rental assistance, mortgage insurance, subsidy, or other financial assistance by the Secretary; and (B) that is subject to a limitation on distributions, to the owner, of project funds under section 200.106(a), 236.1(c), 880.205(b), 881.205(b), or 883.306(b) of title 24 of the Code of Federal Regulations, or any other statute or regulation applicable to the project. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) Surplus project funds.--The term ``surplus project funds'' means, with respect to a covered federally assisted housing project, the net revenue of the project after all project expenses have been paid, or funds have been set aside for the payment thereof, and any reserve requirements applicable to the project have been met. (4) Utility cost savings.--The term ``utility cost savings'' means, with respect to utility cost-saving measures undertaken for a covered federally assisted housing project, the difference between-- (A) the energy or water costs that would have been incurred for the project if such utility cost-saving measures were not completed; and (B) the actual energy or water costs for the project after completion of the utility cost-saving measures. (5) Utility cost-saving measures.--The term ``utility cost- saving measures'' means, with respect to a covered federally assisted housing project, any rehabilitation, renovation, retrofit, improvement, or alteration for the project that incorporates any technology, equipment, fixture, or material, or promotes any practice, designed to reduce the energy or water consumption of the project. (g) Regulations.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall issue any regulations necessary to carry out this section. SEC. 4. REVIEW OF THE USE OF RESIDUAL RECEIPTS AND RESERVE FOR REPLACEMENTS FUNDS. The Secretary of Housing and Urban Development shall-- (1) review its regulations and agreements concerning residual receipts accounts in Federally assisted rental housing subject to a limitation on distributions under section 200.106(a), 236.1(c), 880.205(b), 881.205, or 883.306(b) of title 24 of the Code of Federal Regulations, or any other statute or regulation applicable to the project to clarify if the use of such funds for other project purposes includes activities related to the energy efficiency at properties with such residual receipts accounts; and (2) revise its policies with regards to the use of reserve for replacement funds to encourage the use of such reserves, where practical, for energy efficiency items. SEC. 5. STUDY ON EXEMPTION FROM BUILDING CODES TO ALLOW DISTRIBUTIVE ENERGY GENERATION MEASURES AND WATER EFFICIENCY MEASURES. (a) Study.--The Comptroller General of the United States shall conduct a study to analyze and determine the benefits of establishing a statutory exemption under Federal law from compliance with provisions of State and local building codes that do not affect the health or safety of residents of multifamily housing assisted by the Department of Housing and Urban Development to enable and encourage the construction and installation in such projects of distributive energy generation measures and water efficiency measures. (b) Provision of Information to Energy Information Administration.--The Comptroller General shall provide any information collected in conducting the study under this section to the Secretary of Energy to supplement information collected and maintained by the Energy Information Administration of the Department of Energy regarding residential energy consumption. (c) Report.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress and to the Secretary of Energy setting forth the results and conclusions of the study under this section. SEC. 6. REPORTS ON UTILITY CONSUMPTION FOR HUD-ASSISTED MULTIFAMILY PROJECTS. (a) In General.--To assist the Secretary of Housing and Urban Development in determining how and where to undertake energy and other utility efficiency measures, the Secretary shall, by regulation, require each owner of an assisted multifamily housing project to report regularly to the Secretary regarding consumption by the project of electricity, water, gas, and other utilities. (b) Annual Report by Secretary.--The Secretary shall compile the information received pursuant to subsection (a) and submit a report to the Congress and the Energy Information Administration annually regarding total utility consumption by assisted multifamily housing projects. The report shall include all non-aggregated data submitted to the Secretary pursuant to subsection (a). (c) Assisted Multifamily Housing Project.--For purposes of this section, the term ``assisted multifamily housing project'' means any multifamily housing project that is-- (1) provided project-based assistance under section 8 of the United States Housing Act of 1937, including new construction and substantial rehabilitation projects; (2) assisted under section 202 of the Housing Act of 1959 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act); (3) assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston- Gonzalez National Affordable Housing Act; (4) assisted under section 811 of the Cranston-Gonzalez National Affordable Housing Act; (5) financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act; or (6) insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act.

Energy Efficiency Modernization Act of 2009 - Directs the Secretary of Housing and Urban Development (HUD) to make: (1) payments (green dividends) to owners of assisted multifamily rental housing projects who undertake utility cost-saving measures; and (2) review HUD regulations and agreements concerning residual receipts accounts in assisted rental housing and revise HUD policy on the use of such accounts for energy efficiency items. Directs the Comptroller General to conduct a study and report to Congress on the benefits of a federal statutory exemption from compliance with state and local building codes to enable and encourage the construction and installation in assisted multifamily rental housing projects of distributive energy generation and water efficiency measures. Requires owners of assisted multifamily rental housing projects to report to the Secretary on consumption of electricity, water, gas, and other utilities by such projects.

A bill to establish incentives to increase the energy efficiency of federally assisted housing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Bill of Rights Act of 1999''. SEC. 2. AIRLINE PASSENGER PROTECTION. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41716. Air carrier passenger protection ``(a) Use of Single Flight Number.--No air carrier may use a single flight number to denote a flight that the air carrier knows will involve a change in aircraft between segments of the flight. ``(b) Delay, Cancellation, or Diversion.-- ``(1) Explanation required.--An announcement by an air carrier of (A) a delay or cancellation of a flight, or (B) a diversion of a flight to an airport other than the airport at which the flight is scheduled to land, shall include an explanation of the reason or reasons for the delay, cancellation, or diversion. ``(2) Prohibition on false or misleading explanations.--No air carrier shall provide an explanation under paragraph (1) that the air carrier knows or has reason to know is false or misleading. ``(c) Excessive Departure and Arrival Delay.-- ``(1) Liability imposed.--An air carrier shall be liable to each passenger on an aircraft for an excessive departure or arrival delay of the aircraft. ``(2) Amount of liability.-- ``(A) Delays of more than 2 but less than 3 hours.--If the excessive departure or arrival delay is more than 2 but less than 3 hours, the amount of liability under paragraph (1) shall be 200 percent of the price paid by the passenger for transportation by the air carrier. ``(B) Delays of 3 hours or more.--If the excessive departure or arrival delay is 3 hours or more, the amount of liability under paragraph (1) shall be-- ``(i) the amount determined under subparagraph (A), plus ``(ii) an additional 100 percent of the price paid by the passenger for such transportation multiplied by the number of hours (or portion thereof) that such period exceeds 3 hours. ``(3) Excessive departure or arrival delay.--In paragraph (1), the term `excessive departure or arrival delay' means a period of time in excess of 2 hours-- ``(A) in the case of departure delay, beginning when the door of an aircraft is closed at an airport and ending when the aircraft takes off from the airport or when the door of the aircraft is open for deplaning of passengers at the airport; and ``(B) in the case of arrival delay, beginning upon touchdown of an aircraft at an airport and ending when the door of the aircraft is open for deplaning of passengers at the airport. ``(4) Departure delays caused by air traffic control directives.--Notwithstanding paragraph (3), a departure delay in excess of 2 hours shall not be treated as an excessive departure delay for purposes of paragraph (1) if the Administrator of the Federal Aviation Administration determines that the departure delay was the result of an air traffic control directive and that the carrier did not receive notification that it would receive such directive prior to the scheduled departure time of the flight. ``(d) Economic Cancellations.-- ``(1) Nonsafety cancellations.--If, on the date a flight of an air carrier is scheduled, the carrier cancels the flight for reasons other than safety, the carrier shall provide to each passenger that has purchased air transportation on the flight-- ``(A) air transportation in a timely manner to the destination for which such passenger purchased the air transportation; and ``(B) a refund of the amount paid for the air transportation. ``(2) Patterns of practice.-- ``(A) Notification of secretary.--If an air carrier cancels a flight, the air carrier shall submit to the Secretary of Transportation, in writing before the 30th day following the date of cancellation of the flight, the following information with respect to the flight: ``(i) The flight number. ``(ii) The date and scheduled time of departure of the flight. ``(iii) The percentage of seats on the flight that would have been filled, as of the date of cancellation, if the flight was not canceled. ``(B) Periodic reviews.--The Secretary shall periodically review information submitted under subparagraph (A) by each air carrier to determine if there is a pattern of the air carrier canceling a specific flight or canceling flights that are undersold. ``(C) Investigation.--If the Secretary determines under subparagraph (B) that there is a pattern of an air carrier canceling a specific flight or canceling flights that are undersold, the Secretary shall conduct an investigation to determine whether the air carrier is canceling the flight or flights for reasons other than safety. ``(D) Restitution.--If, as a result of an investigation under subparagraph (C), the Secretary determines that a flight is canceled by an air carrier for reasons other than safety, the carrier shall provide a refund to each passenger who purchased air transportation for that flight equal to the amount they paid for that air transportation even if the carrier provided the air transportation to those passengers. ``(E) Undersold defined.--In this section, a flight of an air carrier is undersold as of a certain date if 70 percent or more of the seats on the flight are not purchased on or before such date. ``(3) Limitation on cancellations for reasons other than safety.--In this subsection, a flight shall not be treated as being canceled for reasons other than safety if the flight is canceled because of, among other things, an insufficient number of crew, weather, or mechanical problems that prevent the safe operation of the flight or prevent the flight from operating in accordance with regulations of the Federal Aviation Administration. ``(e) Lost Baggage.--If an air carrier finds baggage or property that has on it the name of an individual, the carrier shall make a good faith effort to find the individual and return the baggage or property to the individual. ``(f) Limitation on Security Screenings.--No air carrier or airport may conduct or have conducted a security procedure at an airport in a manner that results in a child under 2 years of age being separated from the child's parent or guardian without the consent of the parent or guardian. ``(g) Code Sharing.--No air carrier, foreign air carrier, or ticket agent may sell air transportation in the United States for a flight that bears a designator code of a carrier other than the carrier that will provide the air transportation unless the air carrier, foreign air carrier, or ticket agent selling the air transportation first informs the person purchasing the air transportation that the carrier providing the air transportation will be a carrier other than the carrier whose designator code is used to identify the flight. ``(h) Air Carrier Pricing Policies.--An air carrier may not-- ``(1) prohibit a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for 1-way travel instead of round-trip travel); and ``(2) assess an additional fee on or charge to-- ``(A) such a person; or ``(B) any ticket agent that sold the air transportation to such person. ``(i) Frequent Flyer Awards.--Upon request of any person (including a governmental entity), an air carrier shall disclose the number or percentage of seats that the carrier intends to make available on a specific date for use by a person redeeming an award under a frequent flyer program of the carrier on any route in air transportation provided by the carrier. ``(j) Regulations.--The Secretary may issue regulations to carry out this section.''. (b) Conforming Amendment.--The table of sections for such title is amended by inserting after the item relating to section 41715 the following: ``41716. Air carrier passenger protection.''. SEC. 3. CIVIL PENALTIES. Section 46301(a) of title 49, United States Code, is amended-- (1) in paragraph (6) by inserting ``Maximum penalty for violations relating to air service termination notices.--'' before ``Notwithstanding''; (2) by aligning paragraph (6) with paragraph (5) of such section; and (3) by adding at the end the following: ``(7) Maximum penalty for violations relating to single flight number requirement.--Notwithstanding paragraph (1), the maximum civil penalty for an air carrier violating section 41716(a) with respect to a flight of an air carrier shall be an amount determined by multiplying the maximum amount of a civil penalty under paragraph (1) by the number of passengers on the flight. ``(8) Maximum penalty for violations relating to explanations of delays, cancellations, and diversions.-- Notwithstanding paragraph (1), the maximum civil penalty for an air carrier violating section 41716(b) with respect to a flight of an air carrier shall be an amount determined by multiplying the maximum amount of a civil penalty under paragraph (1) by the number of passengers who paid for transportation on the flight.''. SEC. 4. UNACCOMPANIED CHILDREN. (a) Study.--The Secretary of Transportation shall conduct a study to determine if air carriers are providing, during changes of planes, a level of supervision of unaccompanied children under 12 years of age that is sufficient to ensure the safety of such children. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing the results of the study conducted under this section.

Airline Passenger Bill of Rights Act of 1999 - Amends Federal aviation law to prohibit: (1) an air carrier from using a single flight number to denote a flight that it knows will involve a change in aircraft between flight segments; (2) an air carrier from providing an explanation of the reason for the delay or cancellation of a flight, or diversion of a flight to another airport, that it knows or has reason to know is false or misleading; (3) an air carrier or airport from conducting, or having conducted, a security procedure at an airport in a manner that results in a child under two years of age being separated from the child's parent or guardian without the consent of the parent or guardian; (4) an air carrier, foreign air carrier, or ticket agent from selling air transportation in the United States for a flight that bears a designator code of a carrier other than the carrier that will provide the air transportation unless they first inform the person purchasing the air transportation that the air carrier providing the air transportation will be a carrier other than the carrier whose designator code is used to identify the flight; and (5) an air carrier from prohibiting a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for one-way travel instead of round-trip travel), and from assessing an additional fee on or charge to such person or any ticket agent that sold the air transportation to such person. (Sec. 2) Requires an announcement by an air carrier of a delay or cancellation of a flight, or a diversion of a flight to an airport other than the airport at which the flight is scheduled to land, to include an explanation of the reason for such delay, cancellation, or diversion. Makes an air carrier liable to each aircraft passenger for an excessive departure or arrival delay of the aircraft. Requires an air carrier that cancels a flight on the date it is scheduled for reasons other than safety to provide each passenger air transportation in a timely manner to the destination for which such passenger purchased the air transportation and a refund of the amount paid for air transportation. Requires an air carrier that finds baggage or property that has on it the name of an individual to make a good faith effort to find and return it to the individual. Requires an air carrier, upon request of any person (including a governmental entity), to disclose the number or percentage of seats that the carrier intends to make available on a specific date for use by a person redeeming an award under a frequent flyer program on any air transportation route provided by the carrier. (Sec. 3) Sets forth penalties for violations committed under this Act. (Sec. 4) Directs the Secretary of Transportation to conduct a study, and report the results to Congress, to determine if air carriers are providing, during changes of planes, a level of supervision of unaccompanied children under 12 years of age that is sufficient to ensure the safety of such children.

Airline Passenger Bill of Rights Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Heat Pump Development Act of 2007''. SEC. 2. ENERGY CREDIT FOR GEOTHERMAL HEAT PUMP SYSTEMS. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (iii), by inserting ``or'' at the end of clause (iv), and by adding at the end the following new clause: ``(v) equipment which uses the ground or ground water as a thermal energy source to heat a structure or as a thermal energy sink to cool a structure,''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR GEOTHERMAL HEAT PUMP SYSTEMS. (a) In General.--Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) 30 percent of the qualified geothermal heat pump property expenditures made by the taxpayer during the taxable year.''. (b) Qualified Geothermal Heat Pump Property Expenditures.-- Subsection (d) of section 25D of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified geothermal heat pump property expenditures.-- ``(A) In general.--The term `qualified geothermal heat pump property expenditures' means an expenditure for qualified geothermal heat pump property installed on or in connection with a dwelling unit located in the United States and used as a principal residence (within the meaning of section 121) by the taxpayer. ``(B) Qualified geothermal heat pump property.--The term `qualified geothermal heat pump property' means any equipment which-- ``(i) uses the ground or ground water as a thermal energy source to heat the dwelling unit referred to in subparagraph (A) or as a thermal energy sink to cool such dwelling unit, and ``(ii) meets the requirements of the Energy Star program which are in effect at the time that the expenditure for such equipment is made.''. (c) Maximum Credit Limitation.--Paragraph (1) of section 25D(b) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) $2,000 with respect to any qualified geothermal heat pump property expenditures.''. (d) Coordination With Credit for Nonbusiness Energy Property.-- Subsection (b) of section 25D of such Code is amended by adding at the end the following new paragraph: ``(3) Denial of double benefit for geothermal heat pumps.-- The credit allowed under subsection (a) (determined without regard to this paragraph and subsection (c)) with respect to any qualified geothermal heat pump property expenditures shall be reduced by the amount of any credit allowed under section 25C with respect to such expenditures.''. (e) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Section 25D(b) of such Code, as amended by subsection (c), is amended by adding at the end the following new paragraph: ``(3) Qualified geothermal heat pump property expenditure credit allowed against alternative minimum tax.--In the case of a taxable year to which section 26(b)(2) does not apply, the credit allowed under subsection (a)(4) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than subsection (a)(4)) and section 27 for the taxable year.''. (2) Conforming amendments.-- (A) Subsection (c) of section 25D of such Code is amended-- (i) by inserting ``paragraphs (1), (2), and (3) of'' before ``subsection (a)'' both places it appears in paragraph (2), and (ii) by adding at the end the following new paragraph: ``(3) Carryforward of unused qualified geothermal heat pump property expenditure credit.--In the case of a taxable year to which section 26(b)(2) does not apply, if the credit allowable under subsection (a)(4) for any taxable year exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a)(4) for such succeeding taxable year.''. (B) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D(a)(4)'' after ``this section''. (C) Section 24(b)(3)(B) of such Code is amended by striking ``sections 23 and 25B'' and inserting ``sections 23, 25B, and 25D(a)(4)''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D(a)(4)''. (f) Effective Date.--The amendments made by this section shall apply to expenditures made after the date of the enactment of this Act. SEC. 4. 3-YEAR ACCELERATED DEPRECIATION PERIOD FOR GEOTHERMAL HEAT PUMP SYSTEMS. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) any property which is described in clause (v) of section 48(a)(3)(A).''. (b) Conforming Amendment.--Subclause (I) of section 168(e)(3)(B)(vi) of such Code is amended by inserting ``clause (i), (ii), (iii), or (iv) of'' before ``subparagraph (A)''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Geothermal Heat Pump Development Act of 2007 - Amends the Internal Revenue Code to: (1) to include equipment that uses the ground or ground water as a thermal energy source or sink to heal or cool a structure (i.e., geothermal heat pump systems) as energy property for purposes of the energy tax credit; (2) allow a residential energy efficient property tax credit for 30% of qualified geothermal heat pump property expenditures; and (3) allow accelerated three-year depreciation of geothermal heat pump systems.

A bill to amend the Internal Revenue Code of 1986 to make geothermal heat pump systems eligible for the energy credit and the residential energy efficient property credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Technology Transfer Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Cooperative extension.--The term ``Cooperative Extension'' means the extension services established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914. (2) Department.--The term ``Department'' means the Department of Energy. (3) Energy supply research and development programs.--The term ``energy supply research and development programs'' means the research, development, demonstration, and commercial application programs in the Office of Energy Efficiency and Renewable Energy, the Office of Electricity Delivery and Energy Reliability, and the Office of Fossil Energy. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Land-grant colleges and universities.--The term ``land- grant colleges and universities'' means-- (A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); (B) 1890 Institutions (as defined in section 2 of that Act); and (C) 1994 Institutions (as defined in section 2 of that Act). (6) National laboratory.--The term ``National Laboratory'' has the meaning given the term ``nonmilitary energy laboratory'' in section 903(3) of the Energy Policy Act of 2005 (42 U.S.C. 16182(3)). (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PROGRAM. (a) In General.-- (1) Grants.--The Secretary, through the energy supply research and development programs of the Department, shall carry out a program to award competitive, merit-reviewed grants to Cooperative Extension services or offices, States, local governments, institutions of higher education, and nonprofit institutions with expertise in energy research or extension, or consortia thereof, to conduct activities to transfer knowledge and information about advanced energy technologies that increase efficiency of energy use, especially those developed at the National Laboratories and by the Department, to individuals, businesses, nonprofit entities, and public entities, including local governments and school districts. (2) Requirement.--To receive funding under this Act, a grant applicant must already operate an outreach program capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use, or must partner with an entity that has such an outreach program. (b) Uses of Funds.--Funds awarded under this Act may be used for the following activities: (1) Developing and distributing informational materials on technologies that could use energy more efficiently. (2) Carrying out small-scale projects to demonstrate technologies that could use energy more efficiently. (3) Developing and conducting seminars, workshops, long- distance learning sessions, and other activities to aid in the dissemination of knowledge and information on technologies that could use energy more efficiently. (4) Providing or coordinating onsite energy evaluations for a wide range of energy end-users. (5) Examining the energy efficiency needs of energy end- users to develop recommended research projects for the Department. (6) Hiring experts in energy efficient technologies to carry out activities described in paragraphs (1) through (5). (7) Carrying out any other activities the Secretary believes will accomplish the purposes described in subsection (a)(1). (c) Selection Process Application.--An applicant seeking funding under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall include, at a minimum-- (1) a description of the applicant's current outreach program and of why it would be capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use; (2) a description of the activities the applicant would carry out, of the technologies that would be transferred, and of who would be carrying out those activities; (3) a description of how the proposed activities would be appropriate to the specific energy needs of the area to be served; (4) an estimate of the number and types of energy end-users expected to be reached through such activities; and (5) a description of how the applicant will assess the success of the program. (d) Review of Applications.--In evaluating the applications submitted under this Act, the Secretary shall consider, at a minimum-- (1) the ability of the applicant to effectively carry out the proposed program; (2) the appropriateness of the applicant's outreach program for carrying out the program described in this Act; and (3) the likelihood that proposed activities could be expanded or used as a model for other areas. (e) Awards.-- (1) Distribution.--In making awards under this Act, the Secretary shall ensure that, to the extent practicable, the program enables the transfer of knowledge and information about a variety of technologies and enables the transfer of knowledge and information in a variety of geographic areas. (2) Focus.--In making awards under this Act, the Secretary shall give priority to applicants that would significantly expand on or fill a gap in existing programs in a geographical region. (f) Cost Sharing.--The Secretary shall require cost-sharing in accordance with the requirements of section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) for commercial application activities. (g) Duration.-- (1) Initial grant period.--A grant awarded under this Act shall be for a period of 5 years. (2) Initial evaluation.--Each grantee under this Act shall be evaluated during its third year of operation under procedures established by the Secretary to determine if the grantee is accomplishing the purposes of this Act described in subsection (a)(1). The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for 3 additional years beyond the original term of the grant. (3) Additional extension.--If a grantee receives an extension under paragraph (2), the grantee shall be evaluated again during the second year of the extension. The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for a final additional period of 3 additional years beyond the original extension. (4) Limitation.--No grantee may receive more than 11 years of support under this Act without reapplying for support and competing against all other applicants seeking a grant at that time. (h) Technical Assistance.--The Secretary and the National Laboratories may provide technical assistance on advanced energy technologies and methods to grantees. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section-- (1) $25,000,000 for fiscal year 2008; (2) $27,375,000 for fiscal year 2009; (3) $30,000,000 for fiscal year 2010; (4) $32,900,000 for fiscal year 2011; and (5) $36,000,000 for fiscal year 2012.

Energy Technology Transfer Act - Directs the Secretary of Energy to award competitive grants to Cooperative Extension services or offices, states, local governments, institutions of higher education, and nonprofit institutions with expertise in energy research to transfer knowledge about advanced energy technologies that increase efficient energy use to individuals, businesses, nonprofit entities, and public entities, including local governments and school districts. Requires an eligible grant applicant already to: (1) operate an outreach program capable of transferring such knowledge; or (2) partner with an entity that has such an outreach program. Authorizes the Secretary and the National Laboratories to provide grantees with technical assistance on advanced energy technologies and methods.

To authorize the commercial application and transfer of technologies developed by the Department of Energy, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Combatting Terrorism in Tunisia Emergency Support Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings and declarations. Sec. 4. Statement of policy regarding Tunisia. Sec. 5. Assistance to strengthen and reform the security sector of Tunisia. Sec. 6. Assistance to support efforts of the Government of Tunisia to combat terrorism. Sec. 7. Assistance to support the military readiness of the Government of Tunisia. Sec. 8. Assistance to support democracy and civil society in Tunisia. Sec. 9. Assistance to support increased border security for Tunisia. Sec. 10. Economic reforms and assistance. Sec. 11. Memorandum of understanding. Sec. 12. Strategic plan. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Defense article; defense service; training.--The terms ``defense article'', ``defense service'', and ``training'' have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794 note). SEC. 3. FINDINGS AND DECLARATIONS. Congress finds and declares the following: (1) Tunisia has been a critical ally of the United States for more than 200 years, dating back to 1797 when the Treaty of Peace and Friendship was signed, ensuring the safety and availability of open sea lanes in the Mediterranean Sea. (2) On December 10, 2010, the self-immolation of Tunisian fruit vendor, Mohammed Bouazizi, inspired popular revolutions across the region leading to political transitions in four countries, often referred to as the ``Arab Spring'', and initiating Tunisia's transition to democracy. (3) In 2014, Tunisia became the first country with a majority Muslim population in the Middle East or North Africa to experience both Presidential and parliamentary political transitions through free and fair democratic elections. (4) Since 2011, more than 3,000 Tunisian citizens have gone to fight in Syria making Tunisia one of the largest contributors to foreign fighters in Syria. (5) Tunisia shares a 285-mile border with neighboring Libya and is currently hosting more than 1,000,000 Libyan refugees fleeing the ongoing Libyan civil war and the Islamic State (ISIS). (6) ISIS in Libya controls the city of Sirte and surrounding areas. (7) The terrorist group Ansar al-Sharia (AAS) was founded in April 2011 in Tunisia and is ideologically aligned with Al- Qaeda in the Maghreb (AQIM) and ISIS. AAS is responsible for the assassinations of Tunisian MP Mohamed Brahimi on July 25, 2013, and secular-democratic political activist Chokri Belaid on February 6, 2013. (8) On September 14, 2012, Ansar al-Sharia terrorists attacked the United States Embassy compound, annex, and school in Tunis, Tunisia, causing millions of dollars in damages. (9) On January 10, 2014, Ansar al-Sharia was designated as a foreign terrorist organization by the United States. (10) On March 18, 2015, 18 people were killed in a terrorist attack at the Bardo National Museum in Tunis, Tunisia. (11) On June 27, 2015, at least 39 people were killed and 36 injured in a terrorist attack on the beach of a hotel resort in Sousse, Tunisia. The gunmen had received training and support from ISIS in Libya. (12) On May 21, 2015, Tunisia was designated as a major non-NATO ally of the United States. (13) On September 29, 2015, Tunisia joined the United States-led coalition to counter ISIS. (14) On November 24, 2015, ISIS militants conducted a bus bombing, targeting the Tunisian Presidential guard and killing 12 people in Tunis, Tunisia. (15) On March 7, 2016, ISIS militants crossed the Tunisian- Libyan border assaulting the city of Ben Guerdane, Tunisia, killing 55 people during the attack. SEC. 4. STATEMENT OF POLICY REGARDING TUNISIA. (a) In General.--It is the policy of the United States to further assist the democratically elected Government of Tunisia in eliminating terrorist organizations that operate in Tunisia and neighboring Libya and preventing fighters in Syria from returning to Tunisia. (b) Conduct of Policy.--The policy described in subsection (a) shall be carried into effect, through a comprehensive effort, in coordination with allies and partners of the United States, where appropriate, that will strengthen the capabilities and coordination of the internal security agencies, combat terrorism, strengthen military readiness, assist in the improvement of the economic performance of Tunisia, assist in the development of civil society and provide assistance for border security, and other technical assistance. SEC. 5. ASSISTANCE TO STRENGTHEN AND REFORM THE SECURITY SECTOR OF TUNISIA. (a) Sense of Congress.--It is the sense of the Congress that-- (1) security is a fundamental component of political stability and economic development; (2) the security sector of Tunisia suffers from decades of corruption and public mistrust under the Ben Ali period; (3) significant reform is necessary to enable the Tunisian security services to combat terrorism and reinforce the rule of law; (4) a corrupt security sector impedes development, deters investment, perpetuates poverty, and undermines the rule of law; and (5) in making security sector reforms it is imperative that the Government of Tunisia also protect the fundamental human rights enshrined in Tunisia's constitution. (b) Assistance Authorized.--The Secretary of State, acting directly or through nongovernmental organizations, international organizations, or related organizations, is authorized to provide assistance to strengthen and reform the security sector of Tunisia, including to-- (1) facilitate better coordination among Tunisian security agencies, including the General Directive for Public Safety, the Directorate General of the Special Services, and the Directorate General of Technical Services; (2) increase accountability within the Ministry of the Interior; (3) improve training for members of the judiciary, especially judges and prosecutors, instituting practices that conform to international standards for the rule of law; (4) increase police training programs that emphasize locally inspired and informed curricula and methods; and (5) strengthen civilian oversight of the security sector. (c) Authorization of Appropriations.--Of the amounts authorized to be appropriated for International Narcotics Control and Law Enforcement funding for fiscal year 2016, there is authorized to be appropriated to the Secretary of State $13,000,000 for fiscal year 2017 to carry out this section. SEC. 6. ASSISTANCE TO SUPPORT EFFORTS OF THE GOVERNMENT OF TUNISIA TO COMBAT TERRORISM. (a) In General.--The Secretary of State, acting directly or through nongovernmental, international organizations, or related organizations is authorized to support efforts of the Government of Tunisia to combat terrorism, including by-- (1) providing technical training and equipment to assist Tunisia to protect facilities, individuals, and infrastructure; (2) expanding training in the areas of crisis response and tactical and command training; (3) improving the capacity of Tunisian law enforcement to investigate terrorist incidents; and (4) increasing training to prevent and respond to improvised explosive devices. (b) Authorization of Appropriations.--Of the amounts authorized to be appropriated for Anti-terrorism Assistance funding for fiscal year 2016, there are authorized to be appropriated to the Secretary of State $6,100,000 for fiscal year 2017 to carry out this section. SEC. 7. ASSISTANCE TO SUPPORT THE MILITARY READINESS OF THE GOVERNMENT OF TUNISIA. (a) Sense of Congress.--It is the sense of Congress that expeditious consideration of sale, lease or loan, grant, or transfers of defense articles, defense services, and major defense equipment under the Arms Export Control Act, Foreign Assistance Act of 1961, or any other provision of law is consistent with United States policy to assist the Government of Tunisia in eliminating terrorist organizations that pose a threat to the national security and stability of Tunisia. (b) Assistance Authorized.-- (1) In general.--The President is authorized to provide defense articles, defense services, and training to the Government of Tunisia for the purpose of countering terrorist threats pursuant to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and other relevant provisions of law. (2) Types of assistance.--Assistance authorized under paragraph (1) may include the provision of armored personnel carriers, helicopters, reconnaissance surveillance drones, and secure command and communications equipment. (c) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report detailing the anticipated defense articles, defense services, and training to be provided pursuant to this section and a timeline for the provision of such defense articles, defense services, and training, to-- (1) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives. (d) Authorization of Appropriations.-- (1) Foreign military financing.--Of the amounts authorized to be appropriated for Foreign Military Financing funding for fiscal year 2017, there is authorized to be appropriated to the Secretary of State $65,000,000 for fiscal year 2017 to carry out this section. (2) International military education and training.--Of the amounts authorized to be appropriated for International Military Education and Training funding for fiscal year 2017, there is authorized to be appropriated to the Secretary of State $2,300,000 for fiscal year 2017 to carry out this section. SEC. 8. ASSISTANCE TO SUPPORT DEMOCRACY AND CIVIL SOCIETY IN TUNISIA. (a) Sense of Congress.--It is the sense of Congress that-- (1) Tunisia represents one of the most promising opportunities for a pluralistic and participatory democracy in the Middle East and North Africa; and (2) the success of Tunisia's peaceful pursuit of democracy is an inspiration to, and model for, other countries in the region, and should be fully supported by the United States as it works to aid Tunisia to consolidate and build upon its democratic gains. (b) Assistance Authorized.--The Secretary of State, acting directly or through nongovernmental organizations, international organizations, or related organizations, is authorized to provide assistance to support democracy and civil society in Tunisia, by-- (1) continuing the support of political party development and improved communications with constituents; (2) increasing the capacity of the Tunisian Parliament and ministries to perform their mandated functions including by providing the infrastructure necessary to modernize official communications and records keeping; (3) improving the public affairs functions of the Government of Tunisia to communicate more effectively with citizens across the country; (4) increasing the professional capacity of support staff in the Tunisian Parliament; (5) encouraging the development of job creation programs especially in the interior regions of Tunisia; (6) supporting Tunisian civil society organizations focused on government transparency and accountability; (7) supporting Tunisian agencies and organizations engaged in preparations for upcoming municipal elections; (8) supporting Tunisian agencies and organizations engaged in countering radicalization programs; and (9) encouraging the development of employment assistance programs targeted at youth and first time job seekers. (c) Authorization of Appropriations.--Of the amounts authorized to be appropriated for Economic Support Fund funding for fiscal year 2017, there is authorized to be appropriated to the Secretary of State $74,000,000 for fiscal year 2017 to carry out this section. SEC. 9. ASSISTANCE TO SUPPORT INCREASED BORDER SECURITY FOR TUNISIA. (a) Sense of Congress.--It is the sense of Congress that-- (1) terrorist organizations such as Ansar al-Sharia and the Islamic State have exploited the ongoing unrest in Libya and created terrorist sanctuaries in ungoverned regions of Libya; and (2) such terrorist organizations have carried out cross- border attacks inside Tunisia and therefore represent a significant threat to the stability of the nascent democratic government of Tunisia. (b) Assistance Authorized.--The Secretary of State is authorized to provide assistance to support increased border security for Tunisia by enhancing Tunisia's capabilities to detect, identify, and interdict illicit trafficking of weapons through intensive training and equipment donation. (c) Authorization of Appropriations.--Of the amounts authorized to be appropriated for Export Control and Related Border Security Assistance funding for fiscal year 2017, there is authorized to be appropriated to the Secretary of State $1,500,000 for fiscal year 2017 to carry out this section. SEC. 10. ECONOMIC REFORMS AND ASSISTANCE. (a) Sense of Congress.--It is the sense of Congress that-- (1) supporting Tunisia's orderly reform of its economic and social sectors should be a priority of the United States; (2) the Government of Tunisia has made notable progress liberalizing its economy after decades of corruption and social exclusion under the Ben Ali period but more reforms are needed to solidify Tunisia's economic stability; and (3) such reforms should aim to provide an environment that is conducive to investment while maintaining important and meaningful labor protections. (b) Economic Reforms and Assistance.-- (1) Findings.--Congress finds the following: (A) The World Bank has identified areas of the Tunisian economy in need of immediate structural reforms. (B) Implementing these reforms may lead to short- term economic hardships for many Tunisian citizens. (2) Reprogramming authority.--In order to ameliorate these short-term hardships and incentivize the Government of Tunisia to continue implementing economic reforms, the Secretary of State is authorized to reprogram funds from prior appropriated but unobligated balances to carry out the activities in support of Tunisia's economic reforms. SEC. 11. MEMORANDUM OF UNDERSTANDING. The Secretary of State is authorized, subject to the availability of appropriations, to enter into a memorandum of understanding with the Government of Tunisia to increase military cooperation, including joint military exercises, personnel exchanges, and enhanced strategic dialogue between the United States and Tunisia. SEC. 12. STRATEGIC PLAN. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a strategic plan to carry out this Act. (b) Elements.--The report required by subsection (a) shall include the following elements: (1) Clearly defined goals and objectives, including definitions of success, benchmarks, and a process for incorporating lessons learned. (2) Robust monitoring and evaluation procedures for all programs carried out under this Act. (3) Intended implementing partners, including associated roles, and procedures to increase coordination and collaboration and eliminate overlap.

Combatting Terrorism in Tunisia Emergency Support Act of 2016 This bill declares that it is the policy of the United States to assist the government of Tunisia in eliminating terrorist organizations that operate in Tunisia and neighboring Libya and preventing fighters in Syria from returning to Tunisia. This bill expresses the sense of the Congress that: significant reform that protects fundamental human rights is necessary to enable the Tunisian security services to combat terrorism and reinforce the rule of law; expeditious consideration of sales, leases, grants, or transfers of defense articles, services, and equipment is consistent with U.S. policy to assist in eliminating terrorist organizations that threaten Tunisia's national security; Tunisia's peaceful pursuit of democracy should be fully supported by the United States; organizations such as Ansar al-Sharia and the Islamic State have created terrorist sanctuaries in Libya and represent a significant threat to Tunisia's democratic government; and supporting Tunisia's orderly reform of its economic and social sectors should be a U.S. priority. The bill authorizes the Department of State to: provide assistance to strengthen and reform Tunisia's security sector; support Tunisia's efforts to combat terrorism; provide assistance to support Tunisia's democracy and civil society; provide assistance to support Tunisia's border security by enhancing its capabilities to interdict illicit weapons trafficking; reprogram certain funds to support Tunisia's economic reforms; and enter into a memorandum of understanding with Tunisia to increase military cooperation, including joint military exercises, personnel exchanges, and enhanced strategic dialogue. The President is authorized to provide defense articles, services, and training to Tunisia to counter terrorist threats. The State Department shall submit a strategic plan within 90 days to carry out this bill.

Combatting Terrorism in Tunisia Emergency Support Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Strengthening and Protection Act of 1999''. 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 paragraphs (2) and (3), such investments may be made only''; (3) by striking the last sentence; and (4) by adding at the end the following new paragraphs: ``(2)(A) As of the end of each fiscal year, the Managing Trustee shall determine-- ``(i) the surplus (if any) in the total budget of the Government of the United States, and ``(ii) the total amount of the Trust Funds then invested in obligations issued pursuant to paragraph (1). ``(B) During the following fiscal year, the Managing Trustee shall purchase qualified investments, with amounts otherwise available in the general fund of the Treasury, at original issue or on the market, at a total cost equal to at least 90 percent of the surplus referred to in subparagraph (A)(i), except that such total cost may not exceed the total amount referred to in subparagraph (A)(ii). ``(C) Upon the purchase of qualified investments pursuant to subparagraph (B), the Managing Trustee shall redeem, with such qualified investments, obligations which have been issued pursuant to paragraph (1) and are held by either of the Trust Funds. Such qualified investments shall be held by the Trust Fund until liquidation of such qualified investments is necessary to meet current withdrawals or is otherwise determined by the Managing Trustee to be in the public interest. ``(D) Effective for fiscal years beginning after such time as all obligations issued pursuant to paragraph (1) and held by the Trust Funds have been redeemed with qualified investments pursuant to subparagraph (C), the Managing Trustee shall invest only in qualified investments such portion of each Trust Fund as is not, in his judgment, required to meet current withdrawals. ``(E) The Managing Trustee shall exercise his authority under this paragraph solely for the benefit of the beneficiaries under the old- age, survivors, and disability insurance program under this title. ``(3) For purposes of paragraph (2)-- ``(A)(i) The term `qualified investment' means a marketable interest-bearing obligation of the United States, purchased on original issue or at the market price, which meets the requirements of clause (ii). ``(ii) An obligation referred to in clause (i) meets the requirements of this section if such obligation-- ``(I) has a maturity fixed with due regard for the needs of the Trust Funds, ``(II) bears interest at a rate at least equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of purchase) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month, and ``(III) is subject to an option to redeem such obligations at any time at the purchase price. ``(B) The term `total budget of the United States Government' means all spending and receipt accounts of the United States Government that are designated as on-budget or off-budget accounts. ``(4) The preceding provisions of this subsection shall be subject to such reforms of the old-age, survivors, and disability insurance program under this title as may be provided in legislation enacted after the date of the enactment of the Social Security Strengthening and Protection Act of 1999.''. (b) Effective Date.--The amendments made by this section shall apply with respect to fiscal years beginning on or after October 1, 2000. 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 Strengthening and Protection Act of 1999 - 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 establish guidelines mandating the eventual investment by the Managing Trustee of such portion of each such social security trust fund not required to meet current withdrawals only in certain marketable interest-bearing obligations of the United States . Prohibits disinvestment of such 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 the sale of social security trust fund public debt obligations for payment of cash benefits and administrative expenses, with conditions, including advance notification to each House of the Congress and the Comptroller General before such sale.

Social Security Strengthening and Protection Act of 1999

OFFICERS. ``The State Administrator shall establish a Problem Resolution Office. Problem Resolution Officers shall have the authority to investigate taxpayer complaints and enjoin collection activity if, in the opinion of the Problem Resolution Officer, said collection activity is reasonably likely to not be in compliance with law. Said administrative injunction may only be reversed by the highest official in the relevant State or Federal taxing authority or by its General Counsel upon a finding that the collection activity is justified by clear and convincing evidence. The authority to reverse this administrative injunction may not be delegated. Problem Resolution Officers shall not be disciplined or adversely affected for the issuance of administrative injunctions unless a pattern or issuing injunctions that are manifestly unreasonable is proven in an administrative hearing. Nothing in this section shall limit the authority of the State Administrators or the taxpayer to pursue any legal remedy in any court with jurisdiction over the dispute at issue. ``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION. ``(a) Allocation Rules.--For purposes of allocating revenue between or among administering states from taxes imposed by this subtitle, the revenue shall be allocated to those states that are the destination of the taxable property or services. The destination of the purchase of taxable property and services shall be determined in accordance with this section. ``(b) Federal Office of Revenue Allocation.--The Secretary shall establish an Office of Revenue Allocation to arbitrate any claims or disputes among administering states as to the destination of taxable property and services for purposes of allocating revenue between or among the states from taxes imposed by this subtitle. The determination of the Administrator of the Office of Revenue Allocation shall be subject to judicial review in any federal court with competent jurisdiction provided, however, that the standard of review shall be abuse of discretion. ``(c) Tangible Personal Property.--The destination of tangible personal property shall be the state or territory in which the property was first delivered to the purchaser. Tangible personal property shipped by means of the mail or common carrier shall be deemed delivered to the location of the purchaser for purposes of this subsection upon shipment by mail or common carrier. ``(d) Real Property.--The destination of real property or rents or leaseholds on real property shall be state or territory in which the real property is located. ``(e) Other Property.--The destination of other property shall be residence of the purchaser. ``(f) Services.-- ``(1) General rule.--The destination of services shall be state or territory in which the use, consumption or enjoyment of the services occurred. Allocation of service invoices relating to more than one jurisdiction shall be on the basis of time. ``(2) Telecommunications services.--The destination of telecommunications services shall be the residence of the purchaser. Telecommunications services shall include telephone, telegraph, cable television, satellite and computer on-line or network services. ``(3) Domestic transportation services.--For transportation services where all of the final destinations are within the United States, the destination of transportation services shall be the final destination of the trip (in the case of round or multiple trip fares, the services amount shall be equally allocated among the final destinations). ``(4) International transportation services.--For transportation services where the final destination or origin of the trip is without the United States, the service amount shall be deemed 50 percent attributable to the United States destination and origin. ``(g) Financial Intermediation Services.--The destination of financial intermediation services shall be the residence of the purchase. ``(h) A State Tax Administrator shall have jurisdiction over any gross payments made which have a destination (as determined in accordance with this section) within the state of said State Tax Administrator. This grant of jurisdiction is not exclusive of other jurisdiction that said State Tax Administrator may have. ``(i) Rents and Royalties Paid for the Lease of Tangible Property.-- ``(1) General rule.--The destination of rents and royalties paid for the lease of tangible property shall be where the property is located. ``(2) Vehicles.--The destination of rent and lease payments on vehicles shall be-- ``(A) in the case of rentals and leases of a term one month or less, the location where the vehicle was originally delivered to the lessee; and ``(B) in the case of rentals and leases of a term greater than one month, the residence of the lessee. ``(j) Royalties for the License of Intangible Property.--The destination of royalties for the license of intangible is where the property is used. ``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY. ``(a) In General.--For each purchase of taxable property or services for which a tax is imposed pursuant to section 1, the sales tax shall be charged separately from the purchase price by the vendor or seller. For purchase of taxable property or services for which a tax is imposed pursuant to section 1, the vendor shall provide to the purchaser a receipt that sets forth at least the following information-- ``(1) the property or services price exclusive of tax; ``(2) the amount of tax paid; ``(3) the property or service price inclusive of tax; ``(4) the tax rate (the amount of tax paid (per subparagraph 2) divided by the property or service price inclusive of tax (per subparagraph 3)); ``(5) the date that the good or service was sold; ``(6) the name of the vendor; and ``(7) the vendor registration number. ``(b) Vending Machine Exception.--The requirements of subsection (a) shall be inapplicable in the case of sales by vending machines. Vending machines for purposes of this subsection shall mean machines-- ``(1) that dispense taxable property in exchange for coins, one, five, ten or twenty dollar bills, and ``(2) that sell no single item exceeding ten dollars per unit in price.'' SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE. Appropriations for any expenses of the Internal Revenue Service including processing income tax returns for years prior to the repeal of the income tax, revenue accounting, management, transfer of payroll tax data to the Social Security Administration and otherwise for years after fiscal year 2000 are not authorized. SEC. 6. EXCISE TAX ADMINISTRATION. The Secretary shall establish an Excise Tax Bureau to collect excise taxes formerly collected and administered by the Internal Revenue Service that are not repealed by this Act. SEC. 7. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES. (a) Commencing January 1, 1998, the Social Security Administration shall collect and administer the taxes imposed pursuant to chapter 2 of subtitle A (relating to self employment income taxes) and subtitle C (relating to employment taxes) of the Internal Revenue Code of 1986. (b) Cross References.-- For revised rules relating to the self- employment tax, see section 57. For rules relating to revised withholding tax schedules and family consumption refund, see section 15. For rules relating to trust fund accounting and payroll tax revenues, see section 6(b) of this act. SEC. 8. SELF-EMPLOYMENT TAX. (a) Subsection 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--`Self employment income' shall mean gross payments received in a calendar year from the sale of taxable property or services (without regard to exemption) less the sum in a calendar year of-- ``(1) purchases of taxable property or services (without regard to exemption) in furtherance of a business purpose, ``(2) any wages paid (whether to the self-employed person or others) in furtherance of a business purpose, ``(3) unused transition amounts, and ``(4) undeducted negative self employment income amounts from prior periods. ``(b) Transition Amounts.-- ``(1) General rule.--The transition amount for the ten calendar years commencing in 1998 shall be the unrecovered basis amount as of the end of December 31, 1997 divided by ten. ``(2) Unrecovered basis amount.--The unrecovered basis amount shall be remaining income tax basis relating to-- ``(A) prior law section 167 property placed in service prior to January 1, 1998, and ``(B) inventory held as of the end of 1997 (including any amounts capitalized in accordance with prior law section 263A).'' (b) Conforming Amendments.--Subsection 1402(b) and 1402(c) are hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as subsections 1402(b) et seq. SEC. 9. INTEREST. Section 6621 of the Internal Revenue Code of 1986 is amended by striking the last sentence in section 6621(a)(1) and by striking ``3'' in section 6621(a)(2)(B) and substituting in its stead ``2''. SEC. 10. SUPERMAJORITY REQUIRED TO RAISE RATE. ``(a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that-- (1) increases any federal sales tax rate, (2) provides any exemption, deduction, credit or other benefit which results in a reduction in federal revenues. (b) Waiver or Suspension.--This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. HR 3039 IH----2 HR 3039 IH----3 HR 3039 IH----4

National Retail Sales Tax Act of 1996 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code. (Sec. 4) Amends the Internal Revenue Code by imposing a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or out of the U.S. Prohibits imposing tax on any property or service: (1) purchased for resale; (2) purchased to produce property or services; or (3) exported from the U.S. for use, consumption or enjoyment outside of the U.S. Sets forth special rules relating to the obligation of governmental units and not-for-profit organizations to collect and remit tax. Sets forth provisions concerning credits and refunds. Allows an eligible family unit to receive a sales tax rebate (family consumption refund). Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a U.S. resident. Conditions that no individual shall be considered part of more than one family unit. Sets forth special rules. Impose s a 15 percent tax on gaming services. Imposes an excise tax of 15 percent on the wages of Federal, State, and local government employees. Authorizes States to administer, collect, and remit tax. Authorizes the Secretary to establish a system including the use of a toll-free telephone number for the purposes of bringing violations to the attention of the Secretary for investigation. Authorizes the Secretary to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States. (Sec. 5) Prohibits the authorization of appropriations for the Internal Revenue Service after FY 2000. (Sec. 6) Authorizes the Secretary to establish an Excise Tax Bureau to collect excise taxes not repealed by this Act. (Sec. 7) Authorizes the Social Security Administration to collect and administer self-employment income and employment payroll taxes beginning in 1998. (Sec. 9) Increases the interest rate on the underpayment of tax by large corporations. (Sec. 10) Requires a supermajority in the House of Representatives or the Senate to raise rates.

National Retail Sales Tax Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Right to Know Act''. SEC. 2. EXPANSION OF SOCIAL SECURITY ACCOUNT STATEMENT. (a) In General.--Section 1143(a)(2) of the Social Security Act (42 U.S.C. 1320b-13(a)(2)) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a semicolon, and by adding at the end the following: ``(E) a statement providing information that-- ``(i) while the old age, survivors, and disability insurance program currently collects more in employer, employee, and self-employment contributions than such program pays out in retirement, disability, survivor, and auxiliary benefits each year, such program will begin to run cash flow deficits in 2015, thereafter necessitating the allocation of general tax revenues in order to finance promised benefits; and ``(ii) the trust funds for such program contain claims on future Government resources sufficient to cover the deficit through 2037, but after that date, the trust funds would collect sufficient revenues to pay 72 percent of benefits; and ``(F) a statement explaining the nature of the Federal old age, survivors, and disability insurance trust funds, including the following: `Social Security Trust Fund balances are available to finance future benefit payments and other Trust Fund responsibilities only in a bookkeeping sense. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, such balances are claims on the United States Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large Social Security Trust Fund balances, therefore, does not, by itself, have any impact on the Federal Government's ability to pay benefits.'. For purposes of subparagraph (E), the dates and percentages described in such subparagraph shall be adjusted annually based on the Alternative II (Intermediate) findings of the Office of the Chief Actuary contained in the most recent report of the Board of Trustees.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to statements provided after the date of enactment of this Act. SEC. 3. EXPANSION OF ANNUAL REPORT OF THE TRUSTEES OF THE SOCIAL SECURITY TRUST FUNDS. (a) In General.--Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended by inserting before the penultimate sentence the following: ``Based on the Alternative II (Intermediate) findings of the Office of the Chief Actuary, such report, including the report's summary and any items that accompany the release of such report, shall include in a clear and simple manner the information described in subsection (n)(1). (b) Additional Contents of Report.--Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following: ``(n)(1) For purposes of subsection (c), the information described in this subsection is the following: ``(A) An estimate of the year in which annual outlays from the Trust Funds is first projected, using the Trustees' intermediate estimates, to exceed the annual cash income of the Trust Funds. For purposes of this paragraph, annual cash income of the Trust Funds shall be determined by including payroll and benefit tax revenues, but not intragovernmental transfers or interest income. ``(B) The annual excess of such projected annual outlays from the Trust Funds over the annual cash income of the Trust Funds in each year, beginning with the first year identified in subparagraph (A) and extending through the year of projected program insolvency. ``(C) The aggregate amount of the annual excesses identified in subparagraph (B) for the 75-year projection period included in the report and the change in such amount from the previous year's report. ``(D) The amount of deficit or surplus that the old-age, survivor, and disability insurance program will run in the last year in the 75-year projection period included in the report and the aggregate assets and unfunded obligations contained in the Trust Funds in that final projected year. ``(E) The amount that payroll taxes would have to be raised or benefits be reduced (both in percentage terms) in order to keep the old-age, survivor, and disability insurance program in annual financial balance after any cumulative balances in the Trust Funds are exhausted. For purposes of the preceding sentence, such program shall be considered to be in annual financial balance when the annual cash income of the Trust Funds and annual outlays from the Trust Funds are approximately equal for each year throughout the 75-year projection period included in the report. ``(F) How the annual amounts identified in subparagraph (B) would change if either raising payroll taxes or reducing benefits to keep the program in financial balance is delayed for 5, 10, 25, and 50 years. ``(G) A provision explaining the nature of the Trust Funds, including the following statement: `Social Security Trust Fund balances are available to finance future benefit payments and other Trust Fund responsibilities only in a bookkeeping sense. They do not consist of real economic assets that can be drawn down in the future to fund benefits. Instead, such balances are claims on the United States Treasury that, when redeemed, will have to be financed by raising taxes, borrowing from the public, or reducing benefits or other expenditures. The existence of large Social Security Trust Fund balances, therefore, does not, by itself, have any impact on the Federal Government's ability to pay benefits.'. ``(2) The information described in subparagraphs (B), (C), and (D) of paragraph (1) shall be presented in terms of nominal dollars, inflation-adjusted dollars, and present discounted value in the report under subsection (c)(2), and in terms of inflation-adjusted dollars in the summary of such report. ``(3) The Board of Trustees shall publish the economic model and all relevant data that are used to make the financial projections included in the report under subsection (c)(2) and to make it available on the Social Security Administration Internet web site. Annually, the Board of Trustees shall also include in such report any changes made to the model and data in the preceding 12 months. ``(4) The information described in paragraph (1) shall also be included in a separate report to Congress to be submitted not later than the first day of April of each year (beginning with 2000).''. (c) Effective Date.--The amendments made by this section shall apply with respect to reports made after the date of enactment of this Act.

Amends title II (OASDI) of the SSA to require the annual report of the Board of the Trustees of the OASDI Trust Funds to include: (1) an estimate of the year in which annual outlays from such Funds are first projected to exceed the annual cash income (including payroll and benefit tax revenues); (2) the annual excess of such projected outlays over such income in each year extending through the year of projected program insolvency; (3) the aggregate amount of such excesses for the 75-year projection period and the change from the previous year; (4) the amount of deficit or surplus that the OASDI program will run in the last year of such period and the aggregate assets and unfunded obligations contained in the Funds in that final projected year; (5) the amount that payroll taxes would have to be raised or benefits be reduced in order to keep the OASDI program in annual financial balance after cumulative balances in the Funds are exhausted; (6) how the annual amounts identified in (2) above would change if either raising payroll taxes or reducing benefits to keep the program in financial balance is delayed for five, ten, 25, and 50 years; and (7) the nature of the OASDI Trust Funds as described in the social security account statements.

Social Security Right to Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Integrity Act of 2000''. SEC. 2. REQUIREMENTS APPLICABLE TO POLITICAL ORGANIZATIONS UNDER INTERNAL REVENUE CODE OF 1986. (a) In General.--Paragraph (1) of section 527(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Political organization.-- ``(A) In general.--The term `political organization' means a party, committee, association, fund, or other organization (whether or not incorporated)-- ``(i) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function; and ``(ii) except as provided in subparagraph (B), which files an annual statement with the Secretary under which it certifies that it is in compliance with subsections (a) and (b) of section 304A of the Federal Election Campaign Act of 1971. ``(B) Exception for certain organizations.-- Subparagraph (A)(ii) does not apply with respect to any of the following: ``(i) Subject to subparagraph (C), any organization which exists for the exclusive purpose of influencing or attempting to influence-- ``(I) the selection, nomination, election, or appointment of any individual to any State or local public office or office in a State or local political organization; ``(II) the appointment of any individual to any Federal public office; or ``(III) the selection, nomination, election, or appointment of any individual to any office in a political organization. ``(ii) Any committee, club, association, or other group of persons (other than a separate segregated fund established under section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b)) which accepts contributions or makes expenditures (as defined in this subsection) during a calendar year in an aggregate amount of less than $5,000. ``(iii) Any political committee described in section 301(4) of the Federal Election Campaign Act of 1971. ``(C) Treatment of certain communications.-- ``(i) In general.--No organization may be treated as an organization described in subparagraph (B)(i) if it makes payments described in clause (ii) during an election cycle. ``(ii) Communications described.--A payment described in this clause is a payment for any communication which mentions a clearly identified candidate for election for Federal office or which contains the likeness of such a candidate, other than a payment for a communication described in clause (i) of section 301(9)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)) or a payment described in clause (v) of such section. ``(iii) Election cycle defined.--In this subparagraph, the term `election cycle' means, with respect to a candidate for election for Federal office, the period beginning on the first day following the date of the last general election for such office and ending on the date of the next general election for such office. ``(D) Timing of statement of compliance.--The annual statement of compliance required under subparagraph (A)(ii) shall be filed not later than the time for filing an annual return under section 6012(a)(6) (whether or not the organization is required to file a return under such section for such year).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 2000. SEC. 3. REPORTING REQUIREMENTS UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971 DESCRIBED. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 304 the following new section: ``reporting requirements for political organizations ``Sec. 304A. (a) Statement of Organization.-- ``(1) In general.--For purposes of section 527(e)(1)(A)(ii) of the Internal Revenue Code of 1986, a political organization described in section 527(e)(1) of such Code is in compliance with this subsection with respect to a calendar year if it files with the Commission a statement of organization (containing the information described in paragraph (2)) not later than 10 days after the organization first receives or spends an aggregate amount equal to or greater than $5,000 during the year for an exempt function described in section 527(e)(2) of such Code. ``(2) Contents of statement.--The statement of organization filed by a political organization under paragraph (1) shall contain-- ``(A) the name, address, and type of organization; ``(B) the name, address, relationship, and type of connected or affiliated organization; ``(C) the name, address, and position of the custodian of books and accounts of the organization; and ``(D) the name, address, and position of the president, chief executive officer, or similar authority of the organization. ``(b) Report of Receipts and Disbursements.-- ``(1) In general.--For purposes of section 527(e)(1)(A)(ii) of the Internal Revenue Code of 1986, a political organization described in section 527(e)(1) of such Code is in compliance with this subsection if it files with the Commission reports of its receipts and disbursements (containing the information described in paragraph (2)) at the same time and in the same manner as a political committee which files reports under section 304(a)(4). ``(2) Contents of reports.--Each report filed by a political organization under paragraph (1) shall include the following information: ``(A) The amount of cash on hand at the beginning of the reporting period. ``(B) For the reporting period and the calendar year, the total amount of all receipts, and the total amount of all receipts in the following categories: ``(i) Receipts from persons other than political committees. ``(ii) Receipts from political party committees. ``(iii) Receipts from other political committees. ``(iv) All loans (other than loans made by or guaranteed by a candidate). ``(v) Dividends, interest, and other forms of receipts. ``(C) The identification of each-- ``(i) person (other than a political committee) who makes a disbursement to the organization during the reporting period, whose disbursements have an aggregate amount or value in excess of $200 within the calendar year, or in any lesser amount if the organization should so elect, together with the date and amount of any such disbursement; ``(ii) political committee which makes a disbursement to the organization during the reporting period, together with the date and amount of any such disbursement; ``(iii) person who makes a loan to the organization during the reporting period, together with the identification of any endorser or guarantor of such loan, and the date and amount or value of such loan; ``(iv) person who provides a rebate, refund, or other offset to operating expenditures to the organization in an aggregate amount or value in excess of $200 within the calendar year, together with the date and amount of such receipt; and ``(v) person who provides any dividend, interest, or other receipt to the organization in an aggregate value or amount in excess of $200 within the calendar year, together with the date and amount of any such receipt. ``(D) For the reporting period and the calendar year, the total amount of all disbursements, and all disbursements in the following categories: ``(i) Disbursements to persons other than political committees. ``(ii) Disbursements to political party committees. ``(iii) Disbursements to other political committees. ``(iv) The repayment of all loans (other than loans made by or guaranteed by a candidate). ``(v) Any other disbursements. ``(E) The name and address of each-- ``(i) person to whom a disbursement in an aggregate amount or value in excess of $200 within the calendar year is made by the organization to meet a candidate or organization operating expense, together with the date, amount, and purpose of such operating expenditure; ``(ii) person who receives a loan repayment from the organization during the reporting period, together with the date and amount of such loan repayment; and ``(iii) person who receives a refund or other offset to receipts from the organization where such receipt was reported under subparagraph (C)(i), together with the date and amount of such disbursement.''.

Amends FECA to provide that, for purposes of Internal Revenue Code provisions regarding tax-exempt political organizations, a political organization is in compliance if it files with the Federal Election Commission: (1) a statement of organization no later than ten days after receiving or spending an aggregate amount equal to or greater than $5,000 during the year for an exempt function described under the Code; and (2) reports of its receipts and disbursements at the same time and in the same manner as reports are filed by political committees under existing FECA requirements. Describes contents of such statement and report.

Campaign Integrity Act of 2000

SECTION 1. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED AFTER DECEMBER 31, 2001, AND BEFORE JANUARY 1, 2004. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end the following new subsection: ``(k) Special Allowance for Certain Property Acquired After December 31, 2001, and Before January 1, 2004.-- ``(1) Additional allowance.--In the case of any qualified property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 30 percent of the adjusted basis of the qualified property, and ``(B) the adjusted basis of the qualified property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year. ``(2) Qualified property.--For purposes of this subsection-- ``(A) In general.--The term `qualified property' means property-- ``(i)(I) to which this section applies which has a recovery period of 20 years or less or which is water utility property, ``(II) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, ``(III) which is qualified leasehold improvement property, or ``(IV) which is eligible for depreciation under section 167(g), ``(ii) the original use of which commences with the taxpayer after December 31, 2001, ``(iii) which is-- ``(I) acquired by the taxpayer after December 31, 2001, and before January 1, 2004, but only if no written binding contract for the acquisition was in effect before January 1, 2002, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after December 31, 2001, and before January 1, 2004, and ``(iv) which is placed in service by the taxpayer before January 1, 2004, or, in the case of property described in subparagraph (B), before January 1, 2005. ``(B) Certain property having longer production periods treated as qualified property.-- ``(i) In general.--The term `qualified property' includes property-- ``(I) which meets the requirements of clauses (i), (ii), and (iii) of subparagraph (A), ``(II) which has a recovery period of at least 10 years or is transportation property, and ``(III) which is subject to section 263A by reason of clause (ii) or (iii) of subsection (f)(1)(B) thereof. ``(ii) Only pre-january 1, 2004, basis eligible for additional allowance.--In the case of property which is qualified property solely by reason of clause (i), paragraph (1) shall apply only to the extent of the adjusted basis thereof attributable to manufacture, construction, or production before January 1, 2004. ``(iii) Transportation property.--For purposes of this subparagraph, the term `transportation property' means tangible personal property used in the trade or business of transporting persons or property. ``(C) Exceptions.-- ``(i) Alternative depreciation property.-- The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(I) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(II) after application of section 280F(b) (relating to listed property with limited business use). ``(ii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(D) Special rules.-- ``(i) Self-constructed property.--In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer's own use, the requirements of clause (iii) of subparagraph (A) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property after December 31, 2001, and before January 1, 2004. ``(ii) Sale-leasebacks.--For purposes of subparagraph (A)(ii), if property-- ``(I) is originally placed in service after December 31, 2001, by a person, and ``(II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(E) Coordination with section 280f.--For purposes of section 280F-- ``(i) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $4,600. ``(ii) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(3) Qualified leasehold improvement property.--For purposes of this subsection-- ``(A) In general.--The term `qualified leasehold improvement property' means any improvement to an interior portion of a building which is nonresidential real property if-- ``(i) such improvement is made under or pursuant to a lease (as defined in subsection (h)(7))-- ``(I) by the lessee (or any sublessee) of such portion, or ``(II) by the lessor of such portion, ``(ii) such portion is to be occupied exclusively by the lessee (or any sublessee) of such portion, and ``(iii) such improvement is placed in service more than 3 years after the date the building was first placed in service. ``(B) Certain improvements not included.--Such term shall not include any improvement for which the expenditure is attributable to-- ``(i) the enlargement of the building, ``(ii) any elevator or escalator, ``(iii) any structural component benefiting a common area, and ``(iv) the internal structural framework of the building. ``(C) Definitions and special rules.--For purposes of this paragraph-- ``(i) Binding commitment to lease treated as lease.--A binding commitment to enter into a lease shall be treated as a lease, and the parties to such commitment shall be treated as lessor and lessee, respectively. ``(ii) Related persons.--A lease between related persons shall not be considered a lease. For purposes of the preceding sentence, the term `related persons' means-- ``(I) members of an affiliated group (as defined in section 1504), and ``(II) persons having a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase `80 percent or more' shall be substituted for the phrase `more than 50 percent' each place it appears in such subsection. ``(D) Improvements made by lessor.--In the case of an improvement made by the person who was the lessor of such improvement when such improvement was placed in service, such improvement shall be qualified leasehold improvement property (if at all) only so long as such improvement is held by such person.''. (b) Allowance Against Alternative Minimum Tax.-- (1) In general.--Section 56(a)(1)(A) of the Internal Revenue Code of 1986 (relating to depreciation adjustment for alternative minimum tax) is amended by adding at the end the following new clause: ``(iii) Additional allowance for certain property acquired after december 31, 2001, and before january 1, 2004.--The deduction under section 168(k) shall be allowed.'' (2) Conforming amendment.--Clause (i) of section 56(a)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``clause (ii)'' both places it appears and inserting ``clauses (ii) and (iii)''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2001, in taxable years ending after such date.

Amends the Internal Revenue Code to provide for an additional depreciation allowance for "qualified property" acquired after December 31, 2001 and before January 1, 2004. Defines such property.

A bill to amend the Internal Revenue Code of 1986 to provide for a special depreciation allowance for certain property acquired after December 31, 2001, and before January 1, 2004.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inclusive Prosperity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The global financial crisis cost Americans $19 trillion in lost wealth. (2) The global financial crisis was caused by financial firms taking great financial risks without disclosing those risks to their investors or their regulators, and by regulatory failures to adequately police the financial services markets for crime, unfair or deceptive practices, fraud, lack of transparency, and mismanagement. (3) Deceptive, illegal, and speculative financial practices have harmed public confidence in the integrity and fairness of many United States financial institutions, and threaten the basic strengths of the United States economic system. (4) American citizens provided the money to stabilize the financial sector, making $600 billion available to 800 financial institutions, automakers, and insurance companies. (5) The global financial crisis, along with the wars, unsustainable tax cuts, and a continuing unemployment crisis and looming loss of unemployment benefits, if unaddressed, will deprive a generation of a meaningful role in the larger economy. (6) Nurses, teachers, public safety officers, and other public sector workers have faced drastic funding cuts, harming our long-term public safety and prospects for economic growth. (7) According to economists, a small tax on transfer of ownership of every financial trade could generate hundreds of billions annually in revenue, which when invested could help create sufficient jobs in both the public and private sectors to replace the 8 million jobs lost in the recent recession and add even more jobs on an ongoing basis. (8) A transfer tax will help limit reckless short-term speculation that threatens financial stability. (9) A securities transfer tax would have a negligible impact on the average investor. (10) The United States had a transfer tax from 1914 to 1966: The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331, 38 Stat. 745)) levied a 0.2 percent tax on all sales or transfers of stock which was doubled in 1932 to help overcome the budgetary challenges during the Great Depression. (11) Forty nations have a financial transactions tax and more than 1,000 economists have endorsed it. (12) Revenue generated by this tax will be available to-- (A) strengthen financial security and expand opportunity for low- and moderate-income families, including strengthening the social safety net and expanding resources for child care, Social Security, and savings incentives; (B) expand resources for State and Federal investments that protect our health, rebuild our crumbling physical infrastructure, and create good paying jobs by-- (i) expanding and improving Medicare and Medicaid; (ii) investing in education, student debt relief, job training, public sector jobs, and green jobs; (iii) providing housing assistance to low- income households; (iv) investing in transportation including transit and an infrastructure bank that promotes environmentally responsible domestic manufacturing and construction industries; and (v) protecting our environment and building a clean energy economy, including efforts to combat climate change; and (C) fund international sustainable prosperity programs such as health care investments, AIDS treatment, research and prevention programs, and international assistance. SEC. 3. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Trading Transactions ``Sec. 4475. Tax on trading transactions. ``SEC. 4475. TAX ON TRADING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on the transfer of ownership in each covered transaction with respect to any security. ``(b) Rate of Tax.--The tax imposed under subsection (a) with respect to any covered transaction shall be the applicable percentage of the specified base amount with respect to such covered transaction. The applicable percentage shall be-- ``(1) 0.5 percent in the case of a security described in subparagraph (A) or (B) of subsection (e)(1), ``(2) 0.10 percent in the case of a security described in subparagraph (C) of subsection (e)(1), and ``(3) 0.005 percent in the case of a security described in subparagraph (D), (E), or (F) of subsection (e)(1). ``(c) Specified Base Amount.--For purposes of this section, the term `specified base amount' means-- ``(1) except as provided in paragraph (2), the fair market value of the security (determined as of the time of the covered transaction), and ``(2) in the case of any payment described in subsection (h), the amount of such payment. ``(d) Covered Transaction.--For purposes of this section, the term `covered transaction' means-- ``(1) except as provided in paragraph (2), any purchase if-- ``(A) such purchase occurs or is cleared on a facility located in the United States, or ``(B) the purchaser or seller is a United States person, and ``(2) any transaction with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1), if-- ``(A) such security is traded or cleared on a facility located in the United States, or ``(B) any party with rights under such security is a United States person. ``(e) Security and Other Definitions.--For purposes of this section-- ``(1) In general.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness, other than a State or local bond the interest of which is excluded from gross income under section 103(a), ``(D) any evidence of an interest in, or a derivative financial instrument with respect to, any security or securities described in subparagraph (A), (B), or (C), ``(E) any derivative financial instrument with respect to any currency or commodity including notional principal contracts, and ``(F) any other derivative financial instrument any payment with respect to which is calculated by reference to any specified index. ``(2) Derivative financial instrument.--The term `derivative financial instrument' includes any option, forward contract, futures contract, notional principal contract, or any similar financial instrument. ``(3) Specified index.--The term `specified index' means any 1 or more of any combination of-- ``(A) a fixed rate, price, or amount, or ``(B) a variable rate, price, or amount, which is based on any current objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(4) Treatment of exchanges.-- ``(A) In general.--An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. ``(B) Certain deemed exchanges.--In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. ``(f) Exceptions.-- ``(1) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). ``(2) Exception for certain traded short-term indebtedness.--A note, bond, debenture, or other evidence of indebtedness which-- ``(A) is traded on a trading facility located in the United States, and ``(B) has a fixed maturity of not more than 60 days, shall not be treated as described in subsection (e)(1)(C). ``(3) Exception for securities lending arrangements.--No tax shall be imposed under subsection (a) on any covered transaction with respect to which gain or loss is not recognized by reason of section 1058. ``(g) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs or is cleared on a facility located in the United States, such facility, and ``(B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)), the broker. ``(2) Special rules for direct, etc., transactions.--In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by-- ``(A) in the case of a transaction described in subsection (d)(1)-- ``(i) the purchaser if the purchaser is a United States person, and ``(ii) the seller if the purchaser is not a United States person, and ``(B) in the case of a transaction described in subsection (d)(2)-- ``(i) the payor if the payor is a United States person, and ``(ii) the payee if the payor is not a United States person. ``(h) Certain Payments Treated as Separate Transactions.--Except as otherwise provided by the Secretary, any payment with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1) shall be treated as a separate transaction for purposes of this section, including-- ``(1) any net initial payment, net final or terminating payment, or net periodical payment with respect to a notional principal contract (or similar financial instrument), ``(2) any payment with respect to any forward contract (or similar financial instrument), and ``(3) any premium paid with respect to any option (or similar financial instrument). ``(i) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(j) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, including reporting by the payor of the tax in cases where the payor is not the purchaser, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions.''. (b) Clerical Amendment.--The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on trading transactions''. (c) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2012. SEC. 4. OFFSETTING CREDIT FOR FINANCIAL TRANSACTION TAX. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. FINANCIAL TRANSACTION TAX PAYMENTS. ``(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 tax paid during the taxable year under section 4475. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--Subsection (a) shall not apply to a taxpayer for the taxable year if the modified adjusted gross income of the taxpayer for the taxable year exceeds $50,000 ($75,000 in the case of a joint return and one-half of such amount in the case of a married individual filing a separate return). ``(2) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means adjusted gross income-- ``(A) determined without regard to sections 86, 893, 911, 931, and 933, and ``(B) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. ``(3) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning after 2013, each dollar amount referred to in paragraph (1) 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) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins, by substituting `2012' for `1992'. ``(B) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(c) Eligible Individual.-- ``(1) In general.--The term `eligible individual' means, with respect to any taxable year, an individual who-- ``(A) has attained the age of 18 as of the last day of such taxable year, and ``(B) is a citizen or lawful permanent resident (within the meaning of section 7701(b)(6)) as of the last day of such taxable year. ``(2) Certain individuals not eligible.--For purposes of paragraph (1), an individual described in any of the following provisions of this title for the preceding taxable year shall not be treated as an eligible individual for the taxable year: ``(A) An individual who is a student (as defined in section 152(f)(2)) for the taxable year or the immediately preceding taxable year. ``(B) An individual who is a taxpayer described in subsection (c), (d), or (e) of section 6402 for the immediately preceding taxable year. ``(C) A married individual who files a separate return for the taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Financial transaction tax payments.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

Inclusive Prosperity Act - Amends the Internal Revenue Code to: (1) impose a tax on the transfer of ownership in certain securities, including any share of stock in a corporation, any partnership or beneficial interest in a partnership or trust, any note, bond, debenture, or other evidence of indebtedness (excluding tax-exempt municipal bonds), or derivative financial instruments; and (2) allow an individual taxpayer whose modified adjusted gross income does not exceed $50,000 a tax credit for the amount of tax paid on financial transactions under this Act.

To impose a tax on certain trading transactions to strengthen our financial security, expand opportunity, and stop shrinking the middle class.

SECTION 1. POLICY FOR NUCLEAR NON-PROLIFERATION. (a) Findings.--The Congress finds the following: (1) On September 27, 1993, the President declared to the United Nations that one of the world's most urgent priorities must be to impede the proliferation of weapons of mass destruction. (2) In a joint statement issued on January 16, 1994, the President and the President of the Russian Federation declared that the proliferation of nuclear weapons creates a serious threat to the security of all States. (3) The President and the President of the Russian Federation further declared that the Treaty on the Non- Proliferation of Nuclear Weapons is the basis for efforts to ensure the nonproliferation of nuclear weapons and called for its indefinite and unconditional extension at a conference of its participants in 1995, and they urged that all states that have not yet done so accede to this Treaty. (4) The principle obstacle to the indefinite and unconditional extension of the Treaty on the Non-Proliferation of Nuclear Weapons is the concern of the states without nuclear weapons that the states with nuclear weapons have not yet fulfilled their commitment (made 25 years ago in the Treaty) to pursue negotiations toward nuclear disarmament and, in particular, to end the testing of nuclear weapons. (5) In its report issued in 1994 and entitled Management and Disposition of Excess Weapons Plutonium, the National Academy of Sciences reported that the risks posed by all forms of plutonium must be addressed and that further steps should be taken to reduce the proliferation risks posed by all of the world's plutonium stocks, both military and civilian. (6) The National Academy of Sciences reported in the report that policy makers will have to take into account the fact that choosing to use weapons plutonium in reactors would be perceived by some as representing generalized United States approval of separated plutonium fuel cycles, thereby compromising the ability of the United States to oppose such fuel cycles elsewhere. (7) In section 1611 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1848), the Congress called for a comprehensive policy to end the further spread of nuclear weapons capability, to roll back nuclear proliferation where it has occurred, and to prevent the use of nuclear weapons anywhere in the world, and set forth eleven objectives to achieve this goal. (8) One of the goals set forth in such section is to support the indefinite extension of the Treaty on the Non- Proliferation of Nuclear Weapons at the 1995 conference of its participants in order to review and extend the treaty and to seek to ensure that all countries sign the treaty or participate in a comparable international regime for monitoring and safeguarding nuclear facilities and material. (9) The Congress has played a critical role in the formulation of United States nonproliferation policy and must express its views on the future of the nuclear weapons posture of the United States in order to ensure a complete review of that posture. (b) Policy.--The following shall be the policy of the United States: (1) To develop and maintain a nuclear weapons posture consistent with promoting United States nuclear nonproliferation policy objectives. To develop and maintain that posture, the United States shall-- (A) withdraw from deployment and dismantle all of its tactical nuclear weapons in the context of a bilateral agreement with the Russian Federation to eliminate all tactical nuclear weapons; (B) adopt a policy of no-first-use of nuclear weapons against countries which are party to the Treaty on the Non-Proliferation of Nuclear Weapons or a comparable international regime; and (C) declare its intention to reduce its strategic nuclear arsenal to levels below START II, in the context of similar reductions by the Russian Federation, and strategic nuclear reductions by the United Kingdom, France, and the People's Republic of China. (2) To reduce the proliferation risks posed by the world's large stockpile of plutonium from military and civilian sources. To achieve this objective, the United States shall-- (A) choose a weapons-plutonium disposition option that cannot be perceived as representing United States approval of separated plutonium fuel cycles; (B) discourage the civil use of plutonium overseas by identifying alternatives to civilian reprocessing of plutonium and pursuing these alternatives with countries that have civilian plutonium programs; and (C) seek a nondiscriminatory, multilateral, and internationally and effectively verifiable treaty that ends production of weapons-usable fissile material for any other purpose. (c) Reports.--Not later than one year after the date of the enactment of this Act, the President shall submit to the Congress a report on the status of efforts by the United States to achieve the policy described in subsection (b).

Declares that it shall be U.S. policy to: (1) develop and maintain a nuclear weapons posture consistent with promoting U.S. nuclear nonproliferation policy objectives; and (2) reduce the proliferation risks posed by the world's stockpile of plutonium. Requires the United States, in order to develop and maintain such a posture, to: (1) withdraw from deployment and dismantle all tactical nuclear weapons in the context of a bilateral agreement with the Russian Federation to eliminate such weapons; (2) adopt a policy of no-first-use of nuclear weapons against countries who are parties to the Treaty on the Non-Proliferation of Nuclear Weapons or a comparable international regime; and (3) declare its intention to reduce its strategic nuclear arsenal to levels below START II, in the context of similar reductions by the Russian Federation and strategic reductions by the United Kingdom, France, and China. Directs the United States to: (1) choose a weapons-plutonium disposition option that cannot be perceived as representing U.S. approval of separated plutonium fuel cycles; (2) discourage the civil use of plutonium overseas by identifying alternatives to civilian reprocessing of plutonium and pursuing these alternatives; and (3) seek a nondiscriminatory, multilateral, and internationally verifiable treaty that ends production of weapons-usable fissile material for any other purpose.

To set forth the policy of the United States for nuclear nonproliferation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Universal College Credit Act''. SEC. 2. UNIVERSAL COLLEGE CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. UNIVERSAL COLLEGE CREDIT. ``(a) Allowance of Credit.--In the case of an individual for whom an election is in effect under this section for a taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified tuition and related expenses paid by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount allowed as a credit under subsection (a) with respect to each individual for whom qualified tuition and related expenses are paid by the taxpayer during the taxable year shall not exceed $5,000. ``(c) Credit Allowed Only for 4 Years of Undergraduate Education and 6 Years of Graduate Education.--An election to have this section apply with respect to any individual for whom qualified tuition and related expenses are paid by the taxpayer during the taxable year may not be made for any taxable year if such an election (by the taxpayer or any other individual) is in effect with respect to-- ``(1) the undergraduate education expenses of such individual for any 4 prior taxable years, or ``(2) the graduate education expenses of such individual for any 6 prior taxable years. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section with respect to the qualified tuition and related expenses of any individual if a credit or deduction is allowed under any other provision of this chapter with respect to such expenses. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified tuition and related expenses.-- ``(A) In general.--The term `qualified tuition and related expenses' means tuition and fees required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(C) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction. ``(D) Adjustment for scholarships and section 529 distributions.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for the taxable year shall be reduced-- ``(i) as provided in section 25A(g)(2), and ``(ii) by the amount of such expenses which are taken into account in determining the exclusions under sections 529(c)(3)(B) and 530(d)(2). ``(2) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002), as in effect on the date of the enactment of this section, and ``(B) which is eligible to participate in a program under title IV of such Act. ``(3) Undergraduate education expenses.--The term `undergraduate education expenses' means the qualified tuition and related expenses paid by the taxpayer during a taxable year for an individual enrolled in an undergraduate course of study during such taxable year. ``(4) Graduate education expenses.--The term `graduate education expenses' means the qualified tuition and related expenses paid by the taxpayer during a taxable year for an individual enrolled in a graduate or professional course of study during such taxable year. ``(5) Adjustment for certain scholarships, etc.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(f) Election Not To Have Section Apply.--A taxpayer may elect to have this section not apply with respect to an individual for any taxable year.''. (b) Coordination With Exclusion for Income From United States Savings Bonds Used To Pay Higher Education Tuition and Fees.-- Subparagraph (A) of section 135(d)(2) of such Code is amended by inserting ``or 25E'' after ``section 25A''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Universal college credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Universal College Credit Act - Amends the Internal Revenue Code to allow a tax credit up to $5,000 annually for the qualified tuition and related expenses of an individual taxpayer, a taxpayer's spouse, or dependents for instruction at an institution of higher education. Allows such credit for four years of undergraduate education expenses and six years of graduate or professional education expenses. Excludes expenses for courses involving sports, games, or hobbies (unless part of a degree program) and expenses unrelated to an academic program (e.g., student activity fees, athletic fees, or insurance expenses).

To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified tuition and related expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Asthma Assistance Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Asthma is a serious chronic condition affecting an estimated 14,000,000 to 15,000,000 individuals in the United States, including almost 5,000,000 children. (2) Asthma accounts for an estimated 3 million lost workdays for adults and 10.1 million lost school days in children annually. Asthma is one of the Nation's most common and costly diseases. Over the past 20 years mortality, morbidity and hospital discharge rates attributed to asthma have substantially increased. Between 1979 and 1998, the age- adjusted mortality rate increased 56 per-cent while the prevalence rate increased by almost 22 percent in males and 97 percent in females between 1982 and 1996. (3) Asthma is a chronic illness that is treatable with ambulatory and specialty care, but over 43 percent of its economic impact comes from use of emergency rooms, hospitalization, and death. (4) Certain pests, such as cockroaches and rodents, are known to create public health problems and proliferate at higher rates in urban areas. These pests may spread infectious disease and contribute to the worsening of chronic respiratory illnesses, including asthma. (5) Research supported by the National Institutes of Health demonstrated that the cockroach, rodent, house dust mite, and mold allergens, as well as tobacco smoke and feathers, are important environmental causes of asthma-related illness and hospitalization among children in inner-city areas of the United States. (6) Morbidity and mortality related to childhood asthma are disproportionately high in urban areas. (7) In 1996 the prevalence rate in whites was 53.5 per 1,000 persons while the prevalence rate in blacks was 69.6 per 1,000 persons. Both of these rates represent significant differences from the rates reported in 1982, when they were 34.6 and 39.2 for whites and blacks, respectively. (8) In 1995, there were more than 1,800,000 emergency room visits made for asthma-related attacks and among these, the rate for emergency room visits was 48.8 per 10,000 visits among whites and 228.9 per 10,000 visits among blacks. These statistics confirm that our healthcare system encourages emergency room and trauma care rather than prevention. (9) Hospitalization rates were highest for individuals 4 years old and younger, and were 10.9 per 10,000 visits for whites and 35.5 per 10,000 visits for blacks. (10) Minority children living in urban areas are especially vulnerable to asthma. In 1988, national prevalence rates were 26 percent higher for black children than for white children. (11) Asthma is the most common chronic illness in childhood, afflicting nearly 5,000,000 children under age 18, and costing an estimated $1,900,000,000 to treat those children. The death rate for children age 19 and younger increased by 78 percent between 1980 and 1993. (12) From 1979 to 1992, the hospitalization rates among children due to asthma increased 74 percent. It is estimated that more than 7 percent of children now have asthma. (13) Although asthma can occur at any age, about 80 percent of the children who will develop asthma do so before starting school. (14) From 1980 to 1994, the most substantial prevalence rate increase for asthma occurred among children aged 0 to 4 years (160 percent) and persons aged 5 to 14 years (74 percent). (15) Children aged 0 to 5 years who are exposed to maternal smoking are 201 times more likely to develop asthma compared with those free from exposure. (16) According to data from the 1988 National Health Interview Survey (NHIS), which surveyed children for their health experiences over a 12-month period, 25 percent of those children reported experiencing a great deal of pain or discomfort due to asthma either often or all the time during the previous 12 months. (17) Asthma entails an annual economic cost to our nation in direct health care costs of $8.1 billion; indirect costs (lost productivity) add another $4.6 billion for a total of $12.7 billion. Inpatient hospital services represented the largest single direct medical expenditure, over $3.5 billion. The value of reduced productivity due to loss of school days represented the largest single indirect cost at $1.5 billion. (18) According to a 1995 National Institute of Health workshop report, missed school days accounted for an estimated cost of lost productivity for parents of children with asthma of almost $1,000,000,000 per year. (19) Managing asthma requires a long-term, multifaceted approach, including patient education, specialty care, life skills training, nutrition counseling elimination or avoidance of asthma triggers, pharmacologic therapy, and scheduled medical follow-up. (20) In recognition of the growing public health crisis in asthma, in 1999, the Centers for Disease Control and Prevention developed the National Asthma Control Program within the National Center for Environmental Health to determine the incidence, prevalence, and circumstances of asthma cases. (21) Enhancing the available prevention, educational, research, and treatment resources with respect to asthma in the United States will allow our Nation to address more effectively the problems associated with this increasing threat to the health and well-being of our citizen. SEC. 3. CDC'S URBAN ASTHMA PREVENTION PROGRAMS. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall provide, through the National Asthma Control Program within the National Center for Environmental Health, additional intervention program grants to address the incidence of asthma in urban areas. (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $15,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007. SEC. 4. MEDICAID MODEL TREATMENT CENTERS DEMONSTRATION PROGRAM. Under the authority provided in section 1115 of the Social Security Act (42 U.S.C. 1315), the Secretary of Health and Human Services shall permit States under the medicaid program under title XIX of the Social Security Act to develop model asthma treatment centers demonstration programs that-- (1) are based on the scientifically validated asthma treatment models developed by the National Cooperative Inner- City Asthma Study supported by the National Institute of Allergy and Infectious Diseases; (2) include education, screening, and treatment services for children with asthma; (3) involve nonprofit organizations that can affect patient beliefs, behavior, and outcomes; (4) include specialty care and access to a full range of available treatments to minimize unwanted side effects; and (5) improve health outcomes while lowering overall health care expenditures. SEC. 5. CDC GUIDELINES REGARDING COORDINATION OF DATA. For the purpose of facilitating the utility and comparability of asthma data collected by State and local health departments, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to such departments guidelines on the collection and reporting of such data. SEC. 6. INCREASING NUMBER OF CDC HEALTH PROFESSIONALS SERVING IN ASTHMA PROGRAMS. For the purpose of increasing the number of full-time equivalent employees of the Centers for Disease Control and Prevention who are health professionals and serve in asthma programs of such Centers, there are authorized to be appropriated $4,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2007.

Urban Asthma Assistance Act - Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to provide through the National Asthma Control Program within the National Center for Environmental Health, additional intervention program grants to address the incidence of asthma in urban areas.Requires the Secretary of Health and Human Services to permit States under the medicaid program under title XIX of the Social Security Act to develop model asthma treatment centers demonstration programs.Requires the Secretary, acting through the Director of the CDC, to develop and disseminate guidelines on the collection and reporting of asthma data.Authorizes appropriations for CDC professionals serving in asthma programs.

To provide for various programs and activities to respond to the problem of asthma in urban areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notification of Risk to Personal Data Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Agency.--The term ``agency'' has the same meaning given such term in section 551(1) of title 5, United States Code. (2) Breach of security of the system.--The term ``breach of security of the system''-- (A) means the compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable basis to conclude has resulted in, the unauthorized acquisition of and access to personal information maintained by the person or business; and (B) does not include good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business, if the personal information is not used or subject to further unauthorized disclosure. (3) Person.--The term ``person'' has the same meaning given such term in section 551(2) of title 5, United States Code. (4) Personal information.--The term ``personal information'' means an individual's last name in combination with any 1 or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or State identification number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (5) Substitute notice.--The term ``substitute notice'' means-- (A) e-mail notice, if the agency or person has an e-mail address for the subject persons; (B) conspicuous posting of the notice on the Internet site of the agency or person, if the agency or person maintains an Internet site; or (C) notification to major media. SEC. 3. DATABASE SECURITY. (a) Disclosure of Security Breach.-- (1) In general.--Any agency, or person engaged in interstate commerce, that owns or licenses electronic data containing personal information shall, following the discovery of a breach of security of the system containing such data, notify any resident of the United States whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (2) Notification of owner or licensee.--Any agency, or person engaged in interstate commerce, in possession of electronic data containing personal information that the agency does not own or license shall notify the owner or licensee of the information if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person through a breach of security of the system containing such data. (3) Timeliness of notification.--Except as provided in paragraph (4), all notifications required under paragraph (1) or (2) shall be made as expediently as possible and without unreasonable delay following-- (A) the discovery by the agency or person of a breach of security of the system; and (B) any measures necessary to determine the scope of the breach, prevent further disclosures, and restore the reasonable integrity of the data system. (4) Delay of notification authorized for law enforcement purposes.--If a law enforcement agency determines that the notification required under this subsection would impede a criminal investigation, such notification may be delayed until such law enforcement agency determines that the notification will no longer compromise such investigation. (5) Methods of notice.--An agency, or person engaged in interstate commerce, shall be in compliance with this subsection if it provides the resident, owner, or licensee, as appropriate, with-- (A) written notification; (B) e-mail notice, if the person or business has an e-mail address for the subject person; or (C) substitute notice, if-- (i) the agency or person demonstrates that the cost of providing direct notice would exceed $250,000; (ii) the affected class of subject persons to be notified exceeds 500,000; or (iii) the agency or person does not have sufficient contact information for those to be notified. (6) Alternative notification procedures.--Notwithstanding any other obligation under this subsection, an agency, or person engaged in interstate commerce, shall be deemed to be in compliance with this subsection if the agency or person-- (A) maintains its own reasonable notification procedures as part of an information security policy for the treatment of personal information; and (B) notifies subject persons in accordance with its information security policy in the event of a breach of security of the system. (7) Reasonable notification procedures.--As used in paragraph (6), with respect to a breach of security of the system involving personal information described in section 2(4)(C), the term ``reasonable notification procedures'' means procedures that-- (A) use a security program reasonably designed to block unauthorized transactions before they are charged to the customer's account; (B) provide for notice to be given by the owner or licensee of the database, or another party acting on behalf of such owner or licensee, after the security program indicates that the breach of security of the system has resulted in fraud or unauthorized transactions, but does not necessarily require notice in other circumstances; and (C) are subject to examination for compliance with the requirements of this Act by 1 or more Federal functional regulators (as defined in section 509 of the Gramm-Leach Bliley Act (15 U.S.C. 6809)), with respect to the operation of the security program and the notification procedures. (b) Civil Remedies.-- (1) Penalties.--Any agency, or person engaged in interstate commerce, that violates this section shall be subject to a fine of not more than $5,000 per violation, to a maximum of $25,000 per day while such violations persist. (2) Equitable relief.--Any person engaged in interstate commerce that violates, proposes to violate, or has violated this section may be enjoined from further violations by a court of competent jurisdiction. (3) Other rights and remedies.--The rights and remedies available under this subsection are cumulative and shall not affect any other rights and remedies available under law. (c) Enforcement.--The Federal Trade Commission is authorized to enforce compliance with this section, including the assessment of fines under subsection (b)(1). SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that is prohibited under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with this Act; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Attorney General-- (i) written notice of the action; and (ii) a copy of the complaint for the action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the time the State attorney general files the action. (b) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (c) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 5. EFFECT ON STATE LAW. The provisions of this Act shall supersede any inconsistent provisions of law of any State or unit of local government relating to the notification of any resident of the United States of any breach of security of an electronic database containing such resident's personal information (as defined in this Act), except as provided under sections 1798.82 and 1798.29 of the California Civil Code. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the expiration of the date which is 6 months after the date of enactment of this Act.

Notification of Risk to Personal Data Act - Requires any agency or person that owns or licenses electronic data containing personal information, following the discovery of a breach of security of the system containing such data, to notify any U.S. resident whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Requires any agency or person who possesses but does not own or license such data, to notify the information owner or licensee about such an unauthorized acquisition. Allows delay of notification in connection with authorized law enforcement purposes. Provides authorized methods of notification and alternative notification procedures. Provides: (1) civil penalties and rights and remedies in connections with violations; and (2) for enforcement by State attorneys general.

A bill to require Federal agencies, and persons engaged in interstate commerce, in possession of electronic data containing personal information, to disclose any unauthorized acquisition of such information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighbor Islands Veterans Health Care Improvements Act of 2005''. SEC. 2. VET CENTER ENHANCEMENTS. (a) Additional Counselors for Certain Clinics.--The Secretary of Veterans Affairs shall assign an additional counselor to each vet center as follows: (1) The vet center on the Island of Maui, Hawaii. (2) The vet center in Hilo, Hawaii. (b) Establishment of New Vet Center.--The Secretary shall establish and operate a new vet center on the Island of Oahu, Hawaii, at a location to be selected by the Secretary. (c) Vet Center Defined.--In this section, the term ``vet center'' means a center for the provision of readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. SEC. 3. HEALTH CARE CLINICS. (a) Establishment of Clinics.-- (1) Satellite clinics.--The Secretary of Veterans Affairs shall establish and operate a satellite health care clinic at a location selected by the Secretary on each island as follows: (A) The Island of Lanai, Hawaii. (B) The Island of Molokai, Hawaii. (2) Medical care clinic.--The Secretary may establish and operate a medical care clinic at a location selected by the Secretary on the west side of the Island of Kauai, Hawaii. (b) Elements of Satellite Clinics.--Each satellite clinic established under subsection (a)(1) shall include-- (1) a vet center, which shall provide readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code; and (2) a community based outpatient clinic (CBOC), which shall provide to veterans-- (A) the medical services and other health-care related services provided by community based outpatient clinics operated by the Department of Veterans Affairs; and (B) such other care and services as the Secretary considers appropriate. (c) Staffing and Other Resources.-- (1) Satellite clinics.--(A) The staff of the satellite clinics established under subsection (a)(1) shall be derived from staff of the vet center, and of the community based outpatient clinic, on the Island of Maui, Hawaii, who shall be assigned by the Secretary to such satellite clinics under this section. In making such assignments, the Secretary may not reduce the size of the staff of the vet center, or of the community based outpatient clinic, on the Island of Maui below its size as of the date of the enactment of this Act. (B) Each satellite clinic established under subsection (a)(1) shall have a computer system of nature and quality equivalent to the computer systems of the community based outpatient clinics operated by the Department, including the capability to conduct medical tracking. (C) Each satellite clinic established under subsection (a)(1) shall have appropriate telemedicine equipment. (2) Medical care clinic.--The medical care clinic established under subsection (a)(2) shall have such staff as the Secretary considers appropriate for its activities. (d) Hours of Operation.-- (1) Satellite clinics.--Each satellite clinic established under subsection (a)(1) shall have hours of operation each week determined by the Secretary. The number of hours so determined for a week shall consist of a number of hours equivalent to not less than three working days in such week. (2) Medical care clinic.--The medical care clinic established under subsection (a)(2) shall have such hours of operation as the Secretary considers appropriate for its activities. SEC. 4. LONG-TERM CARE. (a) Medical Care Foster Program.--The Secretary of Veterans Affairs shall establish and operate on the Island of Oahu, Hawaii, a medical care foster program. The program shall be established utilizing as a model the Medical Care Foster Program at the Center Arkansas Veterans Health Care System of the Department of Veterans Affairs. (b) Additional Clinical Staff for Non-Institutional Long-Term Care.-- (1) Assignment of staff.--The Secretary shall assign to the community based outpatient clinics (CBOCs) of the Department of Veterans Affairs referred to in paragraph (2) such additional clinical staff as the Secretary considers appropriate in order to ensure that such clinics provide non-institutional long-term care for veterans in accordance with the provisions of subtitle A of title I of the Veterans Millennium Health Care and Benefits Act (Public Law 106-117) and the amendments made by such provisions. Such additional clinical staff shall include a home health nurse. (2) Covered community based outpatient clinics.--The community based outpatient clinics referred to in this paragraph are the community based outpatient clinics as follows: (A) The community based outpatient clinic in Hilo, Hawaii. (B) The community based outpatient clinic on the Island of Kauai, Hawaii. (C) The community based outpatient clinic in Kona, Hawaii. (D) The community based outpatient clinic on the Island of Maui, Hawaii. SEC. 5. MENTAL HEALTH CARE. (a) Establishment of Mental Health Center.--The Secretary of Veterans Affairs shall establish and operate in Hilo, Hawaii, at an appropriate location selected by the Secretary, a new center for the provision of mental health care and services to veterans. (b) Care and Treatment Available Through Center.--The mental health center established under subsection (a) shall provide the following: (1) Day mental health care and treatment. (2) Outpatient mental health care and treatment. (3) Such other mental health care and treatment as the Secretary considers appropriate. (c) Staff.--The mental health center established under subsection (a) shall have as its staff a drug abuse counselor, a nurse practitioner, and such other staff as the Secretary considers appropriate for its activities. SEC. 6. STUDY ON ACCESS TO SPECIALIZED CARE AND FEE-BASIS CARE. (a) In General.--The Secretary of Veterans Affairs shall carry out a study of the demand for, and access to, specialized care and fee- basis care from the Department of Veterans Affairs for veterans on the neighbor islands of Hawaii, including whether or not the specialized care or fee-basis care, as the case may be, available to veterans from the Department on the neighbor islands is adequate to meet the demands of veterans for such care. (b) Report.--Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the study required by subsection (a). The report shall set forth the results of the study and include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the study. SEC. 7. CONSTRUCTION OF MENTAL HEALTH CENTER AT TRIPLER ARMY MEDICAL CENTER, HAWAII. (a) Authorization of Major Medical Facility Project.--The Secretary of Veterans Affairs may carry out a major medical facility project for the construction of a mental health center at Tripler Army Medical Center, Hawaii, in the amount of $10,000,000. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2006 for the Construction, Major Projects, account, $10,000,000 for the project authorized by subsection (a). (2) Limitation.--The project authorized by subsection (a) may only be carried out using-- (A) funds appropriated for fiscal year 2006 pursuant to the authorization of appropriations in paragraph (1); (B) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2006 that remain available for obligation; and (C) funds appropriated for Construction, Major Projects, for fiscal year 2006 for a category of activity not specific to a project. (c) Facilities.--The facilities at the mental health center authorized to be constructed by subsection (a) shall include residential rehabilitation beds for patients with Post Traumatic Stress Disorder (PTSD) and such other facilities as the Secretary considers appropriate. SEC. 8. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2006 such sums as may be necessary to carry out sections 2 through 6. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall be available only to carry out sections 2 through 6. (c) Construction With Other Funding for Health Care for Veterans in Hawaii.--It is the sense of Congress that the amount authorized to be appropriated by subsection (a) for fiscal year 2006 should-- (1) supplement amounts authorized to be appropriated to the Secretary of Veterans Affairs for that fiscal year for health care for veterans in Hawaii for activities other than those specified in sections 2 through 6; and (2) not result in any reduction in the amount that would have been appropriated to the Secretary of Veterans Affairs for that fiscal year for health care for veterans in Hawaii for such activities had the amount in subsection (a) not been authorized to be appropriated.

Neighbor Islands Veterans Health Care Improvements Act of 2005 - Directs the Secretary of Veterans Affairs to assign an additional counselor to the vet center: (1) on the island of Maui, Hawaii; and (2) in Hilo, Hawaii. Directs the Secretary to establish and operate a: (1) new vet center on the island of Oahu, Hawaii; and (2) satellite health care clinic on each of the islands of Lanai and Molokai. Authorizes the Secretary to establish and operate a medical care clinic on the west side of Kauai Island. Directs the Secretary to: (1) establish and operate on Oahu a medical care foster program; (2) assign appropriate additional clinical staff to specified community based outpatient clinics in Hawaii; and (3) establish and operate in Hilo a new center for the provision of veterans' mental health care and services. Directs the Secretary to study and report to the congressional veterans' committees on the demand for and access to specialized care and fee-basis care from the Department of Veterans Affairs for veterans on the neighbor islands of Hawaii. Authorizes the Secretary to carry out a major medical facility project for the construction of a mental health center at Tripler Army Medical Center, Hawaii.

A bill to improve the provision of health care and services to veterans in Hawaii, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wholesale Motor Fuel Fairness and Competition Restoration Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) both wholesale and retail motor fuel prices are the result of a number of complex factors, including those related to supply, refining, consumer demand, and oil company cost, pricing, and marketing practices; (2) certain cost, pricing, and marketing practices employed by the oil companies are unfair and anticompetitive, and contribute to the unjustified price of retail motor fuel charged the American consumer; (3) among the unfair and anticompetitive oil company practices are price zoning, redlining, discriminatory wholesale motor fuel pricing, and a complex system of cost allocation that hides the factors on which wholesale costs are based; (4) the oil companies' practice known as price zoning is one by which prices for motor fuel are set solely because of the retail station's geographic location unrelated to cost-of- business factors; (5) price zoning allows an oil company to artificially increase or depress retail motor fuel prices in order to secure an unfair market advantage against competitors; (6) the oil companies engage in a practice known as redlining, whereby a refiner refuses to sell motor fuel to distributors or particular geographic markets; (7) redlining allows an oil company to force concessions from a distributor and affords the company the opportunity to exert undue influence in a particular area or region; (8) the oil companies engage in a practice of discriminatory wholesale pricing of motor fuel based on the relationship of the purchaser to the oil company and the degree of competition they provide; (9) discriminatory pricing allows oil companies to charge different wholesale prices to company owned and operated retail stations, franchisees, and independent retailers though all may be situated in the same community and face the same competitive and operating factors; (10) the oil companies engage in a complex system of cost allocations by which they employ rebates, incentives, credits, and market enhancement allowances that hide the factors on which wholesale prices are based or published; (11) the complex system of cost allocation allows oil companies to post a ``wholesale price'' that is far different from the actual wholesale price that would be revealed if the cost factors were publicly identified and appropriately allocated; and (12) it is appropriate for the Federal Government to prohibit these unfair oil company cost, pricing, and marketing practices, to restore fair and competitive practices to the wholesale sale of motor fuel, and to allow American consumers to assess for themselves the factors that contribute to the price changes they pay at the retail pump. SEC. 3. PRICE DISCRIMINATION PROHIBITION. (a) Prohibition.-- (1) In general.--It shall be a violation of this Act for an owner or operator of a terminal facility to sell motor fuel from the terminal facility to any person at a price in excess of the price it charges any other person, including a distributor or retailer which it owns or with which it is affiliated. (2) Price determination.--For purposes of this subsection, the price an owner or operator of a terminal facility charges a distributor or retailer which it owns or with which it is affiliated shall be the price determined pursuant to the regulations issued under section 4(a). (3) Exception.--A sale shall not be in violation of this subsection if it is made pursuant to the terms of a franchise or sales contract entered into before the date of the enactment of this Act. (b) Civil Penalty.--The Federal Trade Commission may assess a civil penalty, not to exceed $1,000,000, for each violation described in subsection (a). (c) Criminal Penalty.--Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, or imprisoned not more than 5 years. (d) Effective Date.--This section shall take effect 6 months after the date of the enactment of this Act. SEC. 4. FULL DISCLOSURE. (a) Requirement.--The Federal Trade Commission, in consultation with the Secretary of Energy, shall issue regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, with a separate listing of each component contributing to prices, including the cost of crude oil (with exploration, extraction, and transportation costs shown separately if the refiner or distributor is also the producer of the crude oil), refining, marketing, transportation, equipment, overhead, and profit, along with a description of any rebates, incentives, and market enhancement allowances. Such regulations shall establish procedures for determining the price an owner or operator of a terminal facility charges a distributor or retailer which it owns or with which it is affiliated. (b) Effective Date.--The regulations issued under subsection (a) shall take effect 6 months after the date of the enactment of this Act. (c) Public Dissemination.-- (1) Requirements.--Except as provided in paragraph (2), the Federal Trade Commission shall ensure that all information acquired pursuant to the regulations issued under subsection (a) is made available to the public as follows: (A) Such information may be disseminated to the public through the Energy Information Administration. (B) Such information shall be required by the Federal Trade Commission to be-- (i) conspicuously posted at all retail motor fuel facilities in a manner so as to be clearly available and understandable to retail consumers; and (ii) included in or with each invoice for the wholesale sale of motor fuel. (2) Exception.--The requirements of paragraph (1) shall not apply to trade secrets and commercial or financial information protected from disclosure under subsection (b)(4) of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). SEC. 5. DEFINITIONS. For purposes of this Act, any term defined in section 101 of the Petroleum Marketing Practices Act (15 U.S.C. 2801) shall have the meaning given the term in that Act.

Wholesale Motor Fuel Fairness and Competition Restoration Act - Declares that it shall be unlawful for an owner or operator to sell motor fuel from its terminal facility to any person in excess of the price it charges any other person, including a distributor or retailer which it owns or with which it is affiliated. Exempts from such prohibition certain franchises or sales contracts entered into before enactment of this Act.Establishes civil and criminal penalties for violations of this Act.Instructs the Federal Trade Commission to: (1) issue regulations requiring full disclosure by refiners and distributors of their wholesale motor fuel pricing policies, with a separate listing of each component contributing to prices, including the cost of crude oil, refining, marketing, transportation, equipment, overhead, and profit, along with a description of any rebates, incentives, and market enhancement allowances; and (2) ensure that all information acquired pursuant to such regulations is disseminated to the public.

To prohibit certain discriminatory pricing policies in wholesale motor fuel sales, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Boating Safety Improvement Act of 1993''. SEC. 2. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN. (a) Prohibition.--Section 4307(a) of title 46, United States Code, is amended-- (1) in paragraph (2) by striking ``or'' after the semicolon at the end; (2) in paragraph (3) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(4) operate a recreational vessel under 26 feet in length unless each individual 12 years of age or younger wears a personal flotation device when the individual is on an open deck of the vessel when the vessel is underway.''. (b) State Authority Preserved.--Section 4307 of title 46, United States Code, is further amended by adding at the end the following: ``(c) Subsection (a)(4) shall not be construed to limit the authority of a State to establish requirements relating to the wearing of personal flotation devices on recreational vessels that are more stringent than that subsection.''. SEC. 3. LIMITATION ON PERCENTAGE AMOUNT OF BOATING SAFETY PROGRAM ALLOCATION USED FOR PUBLIC ACCESS SITES. (a) In General.--Section 13106(b)(4) of title 46, United States Code, is amended by inserting before the semicolon at the end the following: ``, except that not more than 25 percent of the amount allocated to a State for a fiscal year may be used by the State for these purposes''. (b) Application.--The amendment made by subsection (a) shall not apply to an amount allocated to a State for a fiscal year before fiscal year 1994. SEC. 4. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS REGARDING BOATING WHILE INTOXICATED. Section 13103 of title 46, United States Code, is amended-- (1) by redesignating subsections (a), (b), and (c) in order as subsections (b), (c), and (d); (2) by inserting before subsection (b) (as so redesignated) the following new subsection: ``(a) Beginning in fiscal year 1998, the Secretary shall allocate $10,000,000 of the amounts available for allocation and distribution under this chapter for State recreational boating safety programs as follows: ``(1)(A) One-half shall be allocated among eligible States that prohibit operation of a recreational vessel by an individual who is under the influence of alcohol or drugs and that-- ``(i) establish a blood alcohol concentration limit of .10 percent or less; or ``(ii) provide that acceptable evidence of intoxication may include personal observation by a law enforcement officer of the effect of intoxicants consumed by the individual on the individual's manner, disposition, speech, muscular movement, general appearance, or behavior. ``(B) The amount allocated to a State under this paragraph for a fiscal year shall be in the same ratio to the total amount allocated under this paragraph for the fiscal year as the number of vessels numbered in that State under a system approved under chapter 123 of this title bears to the total number of vessels numbered under approved systems of all States that receive an allocation under this paragraph for that fiscal year. ``(2)(A) One-half shall be allocated among eligible States that prohibit operation of a recreational vessel by an individual who is under the influence of alcohol or drugs and that establish an implied consent requirement that specifies that an individual is deemed to have given their consent to evidentiary testing for their blood alcohol concentration or presence of other intoxicating substances. ``(B) The amount allocated to a State under this paragraph for a fiscal year shall be in the same ratio to the total amount allocated under this paragraph for the fiscal year as the number of vessels numbered in that State under a system approved under chapter 123 of this title bears to the total number of vessels numbered under approved systems of all States that receive an allocation under this paragraph for the fiscal year.''; (3) in subsection (b) (as so redesignated) in the matter preceding paragraph (1) by inserting ``the balance of remaining'' after ``allocate''; and (4) by adding at the end the following new subsection: ``(e) A State shall not be ineligible for an allocation under subsection (a) because of the adoption by the State of any requirement relating to the operation of a recreational vessel while under the influence of alcohol or drugs that is more stringent than the requirements for receiving the allocation.''. SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY COURSE. Section 4311 of title 46, United States Code, is amended by adding at the end the following: ``(h)(1) A person who willfully operates a recreational vessel in violation of this chapter or a regulation prescribed under this chapter may be ordered to complete a qualified recreational boating safety course-- ``(A) in addition to any other civil penalty that is assessed for the violation, in the case of-- ``(i) a subsequent violation by the same person; or ``(ii) a violation that results in a personal injury; or ``(B) in lieu of any other civil penalty that is assessed for the violation, in the case of any other violation. ``(2) In this subsection, the term `qualified recreational boating safety course' means a recreational boating safety course that is approved by the Secretary of Transportation for purposes of this subsection.''. SEC. 6. TECHNICAL CORRECTIONS. Section 13108(a)(1) of title 46, United States Code, is amended by-- (1) striking ``proceeding'' and inserting ``preceding''; and (2) striking ``Secertary'' and inserting ``Secretary''.

Recreational Boating Safety Improvement Act of 1993 - Amends Federal boating safety law to prohibit a person from operating a recreational vessel under 26 feet in length unless each individual 12 years or younger wears a personal flotation device while on the vessel's deck during operation. Declares that such prohibition shall not be construed to limit a State's authority to establish more stringent requirements for the wearing of personal flotation devices on recreational vessels. Limits to no more than 25 percent of Federal funds for recreational boating safety programs the amount that a State may use for acquiring, constructing, or repairing public access sites used primarily by recreational boaters. Sets forth a formula for the allocation of State recreational boating safety program funds based upon State adoption of laws prohibiting the operation of recreational vessels while under the influence of alcohol or drugs. Declares that persons who willfully operate a recreational vessel in violation of this Act may be ordered to complete a qualified recreational boating safety course in addition to or in lieu of other civil penalties.

Recreational Boating Safety Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Ambulance Payment Reform and Rural Equity Act of 2004''. SEC. 2. AMBULANCE PAYMENT RATES. (a) Payment Rates.--Section 1834(l)(3) of the Social Security Act (42 U.S.C. 1395m(l)(3)) is amended to read as follows: ``(3) Payment rates.--Subject to any adjustment under subparagraph (B) and paragraph (13) and the full payment of a national mileage rate pursuant to paragraph (2)(E), the Secretary shall modify the fee schedule established under paragraph (1) as follows: ``(A) Payment rates in 2006.-- ``(i) Ground ambulance services.--In the case of ground ambulance services furnished under this part in 2006, the Secretary shall set the payment rates under the fee schedule for such services at a rate based on the average costs (as determined by the Secretary on the basis of the most recent and reliable information available) incurred by full cost ambulance suppliers in providing nonemergency basic life support ambulance services covered under this title, with adjustments to the rates for other ground ambulance service levels to be determined based on the rule established under paragraph (1). For the purposes of the preceding sentence, the term `full cost ambulance supplier' means a supplier for which volunteers or other unpaid staff comprise less than 20 percent of the supplier's total staff and which receives less than 20 percent of space and other capital assets free of charge. ``(ii) Other ambulance services.--In the case of ambulance services not described in subclause (i) that are furnished under this part in 2006, the Secretary shall set the payment rates under the fee schedule for such services based on the rule established under paragraph (1). ``(B) Payment rates in subsequent years for all ambulance services.--In the case of any ambulance service furnished under this part in 2007 or any subsequent year, the Secretary shall set the payment rates under the fee schedule for such service at amounts equal to the payment rate under the fee schedule for that service furnished during the previous year, increased by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year.''. (b) Conforming Amendment.--(1) Section 221(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is repealed. (2) The amendment made by paragraph (1) shall take effect on January 1, 2006, and shall apply to payments for ambulance services furnished on or after such date. SEC. 3. IMPROVEMENT IN PAYMENTS TO RETAIN EMERGENCY AND OTHER CAPACITY FOR AMBULANCES IN RURAL AREAS. (a) In General.--Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by section 415(a) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by adding at the end the following new paragraph: ``(15) Additional payments for providers furnishing ambulances services in rural areas.-- ``(A) In general.--In the case of ground ambulance services furnished on or after January 1, 2006, for which the transportation originates in a rural area (as determined under subparagraph (B)), the Secretary shall provide for a percent increase in the base rate of the fee schedule for a trip identified under this subsection. ``(B) Identification of rural areas.--The Secretary, in consultation with the Office of Rural Health Policy, shall use the Rural-Urban Commuting Areas (RUCA) coding system, adopted by that Office, to designate rural areas for the purposes of this paragraph. A rural area is any area in RUCA level 2 through 10 and any unclassified area. ``(C) Tiering of rural areas.--The Secretary shall designate 4 tiers of rural areas, using a zip code population-based methodology generated by the RUCA coding system, as follows: ``(i) Tier 1.--A rural area that is a high metropolitan commuting area, in which 30 percent or more of the commuting flow is to an urban area, as designated by the Bureau of the Census (RUCA level 2). ``(ii) Tier 2.--A rural area that is a low metropolitan commuting area, in which less than 30 percent of the commuting flow is to an urban area or to a large town, as designated by the Bureau of the Census (RUCA levels 3-6). ``(iii) Tier 3.--A rural area that is a small town core, as designated by the Bureau of the Census, in which no significant portion of the commuting flow is to an area of population greater than 10,000 people (RUCA levels 7-9). ``(iv) Tier 4.--A rural area in which there is no dominant commuting flow (RUCA level 10) and any unclassified area. The Secretary shall consult with the Office of Rural Health Policy not less often than every 2 years to update the designation of rural areas in accordance with any changes that are made to the RUCA system. ``(D) Payment adjustments for trips in rural areas.--The Secretary shall adjust the payment rate under this section for ambulance trips that originate in each of the tiers established in subparagraph (C). The adjustment shall be a percentage increase in the base payment rate as follows: ``(i) Tier 1.--5.5 percent. ``(ii) Tier 2.--11 percent. ``(iii) Tier 3.--16.5 percent. ``(iv) Tier 4.--22 percent.''. (b) Review of Payments for Rural Ambulance Services and Report to Congress.-- (1) Review.--Not later than July 1, 2008, the Secretary of Health and Human Services shall review the system for adjusting payments for rural ambulance services under section 1834(l)(15) of the Social Security Act (42 U.S.C. 1395m(l)(15)), as added by subsection (a), to determine the adequacy and appropriateness of such adjustments. In conducting such review the Secretary shall consult with providers and suppliers affected by such adjustments and with representatives of the ambulance industry generally to determine-- (A) whether such adjustments adequately cover the additional costs incurred in serving areas of low population density; and (B) whether the tiered structure for making such adjustments appropriately reflects the difference in costs of providing services in different types of rural areas. (2) Report.--Not later than January 1, 2009, the Secretary shall submit to Congress a report setting forth the results of such review and any recommendations for revision to the systems for adjusting payments for ambulance services in rural areas. (c) Conforming Amendments.--(1) Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as amended by subsection (a), is further amended by adding at the end the following new paragraph: ``(16) Designation of rural areas for mileage payment purposes.--In establishing any differential in the amount of payment for mileage between rural and urban areas in the fee schedule established under paragraph (1), the Secretary shall identify rural areas in the same manner as provided in paragraph (15)(B).''. (2) Section 1834(l)(12)(A) of the Social Security Act (42 U.S.C. 1395m(l)(12)(A)), as added by section 414(c) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by striking ``January 1, 2010'' and inserting ``January 1, 2006''. (3) Section 1834(l)(13)(A)(i) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)(i)), as added by section 414(d) of the Medicare Prescription Drug, Modernization, and Improvement Act of 2003, is amended by striking ``paragraph (9)'' and inserting ``paragraph (15)(B)''. SEC. 4. USE OF MEDICAL CONDITIONS FOR CODING AMBULANCE SERVICES. Section 1834(l)(7) of the Social Security Act (42 U.S.C. 1395m(l)(7)) is amended to read as follows: ``(7) Coding system.-- ``(A) In general.--The Secretary shall, in accordance with section 1173(c)(1)(B) and not later than July 1, 2005, establish a system or systems for the coding of claims for ambulance services for which payment is made under this subsection, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. ``(B) Medical conditions.--The code set established under subparagraph (A) shall take into account the list of medical conditions developed in the course of the negotiated rulemaking process conducted under paragraph (1).''.

Medicare Ambulance Payment Reform and Rural Equity Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to: (1) revise ambulance payment rates; and (2) provide additional payments for providers furnishing ambulance services in rural areas. Directs the Secretary of Health and Human Services to review the system for adjusting payments for rural ambulance services to determine their adequacy and appropriateness. Amends SSA title XVIII with respect to a Secretary-specified uniform coding system identifying furnished ambulance services for purposes of a fee schedule. Directs the Secretary to establish a system or systems for the coding of claims for ambulance services for which payment is made, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. Requires the code set to take into account the list of medical conditions developed in the course of the negotiated rulemaking process. (Current law authorizes the Secretary to require the claim for any ambulance services to include a code (or codes) under a uniform coding system specified by the Secretary, but does not require the establishment of such a coding system.)

To amend title XVIII of the Social Security Act to provide payments to Medicare ambulance suppliers of the full cost or furnishing such services, to provide payments to rural ambulance providers and suppliers to account for the cost of serving areas with low population density, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arafat Accountability Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Palestine Liberation Organization (PLO), under the leadership of Chairman Yasser Arafat, has failed to abide by its promises, enumerated in the Oslo Accords, to commit itself to ``a peaceful resolution of the conflict between the two sides'', that ``all outstanding issues relating to permanent status will be resolved through negotiations'', and that the PLO ``renounces the use of terrorism and other acts of violence and will assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violence, and discipline violators''. (2) Yasser Arafat failed to exercise his authority and responsibility to maintain law and order in the West Bank and Gaza, which has resulted in ongoing acts of terrorism against Israeli and American civilians in the State of Israel. (3) Yasser Arafat has failed, through words and deeds, to offer credible security guarantees to the Palestinian and Israeli peoples, and has once again violated his commitment to peace through the recent purchase of 50 tons of offensive weaponry from Iran. (4) Yasser Arafat and the forces directly under his control are responsible for the murder of hundreds of innocent Israelis and the wounding of thousands more since October 2000. (5) Yasser Arafat has been directly implicated in funding and supporting terrorists who have claimed responsibility for homicide bombings in Israel. (6) Under the present circumstances, Yasser Arafat's failure to adequately respond to end the homicide bombings further complicates the prospects for a resolution of the conflict in that region. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States continue to urge an immediate and unconditional cessation of all terrorist activities and the commencement of a cease-fire; (2) the Palestine Liberation Organization and the Palestinian Authority immediately surrender to Israel for detention and prosecution those Palestinian extremists wanted by the Government of Israel for assassination of Israeli Minister of Tourism Rehavam Zeevi; (3) PLO Chairman Yasser Arafat and the Palestine Liberation Organization take immediate and concrete action to-- (A) publicly condemn all acts of terrorism, including and especially homicide bombings, which murdered over 125 Israeli men, women, and children during the month of March alone, and the injury of hundreds more; (B) confiscate and destroy the infrastructures of terrorism, including weapons, bomb factories, and other offensive materials; (C) end all financial support for terrorism; and (D) urge all Arab nations and individuals to immediately cease funding for terrorist operations and payments to the families of terrorists; and (4) the Congress supports the President's efforts, in conjunction with Israel, the Arab states, and the international community, to develop a comprehensive peace in the region, and encourages continued efforts by all parties. SEC. 4. IMPOSITION OF SANCTIONS. (a) Denial of Visas.-- (1) Prohibition.--The Secretary of State shall not issue a visa to, and the Attorney General shall not admit to the United States any member of the Palestine Liberation Organization or any official from the Palestinian Authority. (2) Waiver.--The President may, on a case-by-case basis, waive paragraph (1) based on national security considerations. (b) Downgrading of PLO Representation in the United States.--The Secretary of State shall undertake such measures as may be necessary to prohibit the operation of a Palestine Liberation Organization or Palestinian Authority office in the United States from carrying out any function other than those carried out by the Palestinian information office in existence in the United States prior to the Oslo Accords. (c) Travel Restriction on the Senior PLO Representative at the United Nations.--The Secretary of State shall impose the same travel restrictions on the senior official of the Permanent Observer Mission of Palestine at the United Nations as those imposed on officials with the Permanent Mission of the Islamic Republic of Iran to the United Nations. (d) Seizure of Assets of the PLO and the PA and PLO Chairman Yasser Arafat.--The Secretary of State, in cooperation with the Attorney General, shall identify and seize the assets of the Palestine Liberation Organization and the Palestinian Authority in the United States, and the personal assets in the United States of PLO Chairman Yasser Arafat. SEC. 5. REPORT ON PLO TERRORIST ACTIVITIES. (a) Within 30 days after the date of enactment of this Act, and every 90 days thereafter, the President shall submit a report to the appropriate congressional committees detailing acts of terrorism, if any, committed by the Palestine Liberation Organization or any of its constituent elements. (b) The report shall include a determination on whether acts of terrorism warrant the designation of the PLO or any of its constituent elements as terrorist organizations, and if so, the President shall so designate the PLO or any of its constituent elements as terrorist organizations. (c) The President may waive the requirements of this section based on national security considerations. SEC. 6. DURATION OF SANCTIONS. The sanctions imposed under this Act shall remain in effect until such time as the President determines and reports to the appropriate congressional committees that the conditions that warrant these sanctions no longer exist. SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives.

Arafat Accountability Act - Expresses the support of Congress for the President's efforts to achieve comprehensive peace in the State of Israel.Expresses the sense of Congress that: (1) the United States should urge an immediate and unconditional cessation of all terrorist activities and the commencement of a cease-fire between Israel and the Palestinians; (2) the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) should immediately surrender to Israel for detention and prosecution those Palestinian extremists wanted by Israel for the assassination of Israeli Minister of Tourism Rehavam Zeevi; and (3) Yasser Arafat and the PLO must take immediate and concrete action to publicly condemn all acts of terrorism, confiscate and destroy the infrastructures of terrorism, and end (and urge all Arab nations to end) financial support for terrorism.Prohibits the Secretary of State (Secretary) and the Attorney General, respectively, from issuing a visa or admitting to the United States any member of the PLO or official of the PA. Permits the President to waive this prohibition in the national security interest of the United States.Directs the Secretary to prohibit the operation of a PLO or PA office in the United States from carrying out any function other than those carried out prior to the Oslo Accords. Requires the Secretary to impose travel restrictions on the senior official of the Permanent Observer Mission of Palestine.Requires the Secretary and the Attorney General to identify and freeze United States assets of the PLO, the PA, and Yasser Arafat.Requires the President to report to specified congressional committees on PLO terrorist activities.

A bill to hold accountable the Palestine Liberation Organization and the Palestinian Authority, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Development Act of 2005''. SEC. 2. AUTHORIZATION. Congress hereby exercises its power under Article I, Section 8, Clause 3 of the United States Constitution to regulate commerce among the several States by authorizing any State to provide to any person for economic development purposes tax incentives that otherwise would be the cause or source of discrimination against interstate commerce under the Commerce Clause of the United States Constitution, except as otherwise provided by law. SEC. 3. LIMITATIONS. (a) Tax Incentives not Subject to Protection Under This Act.-- Section 2 shall not apply to any State tax incentive which-- (1) is dependent upon State or country of incorporation, commercial domicile, or residence of an individual; (2) requires the recipient of the tax incentive to acquire, lease, license, use, or provide services to property produced, manufactured, generated, assembled, developed, fabricated, or created in the State; (3) is reduced or eliminated as a direct result of an increase in out-of-State activity by the recipient of the tax incentive; (4) is reduced or eliminated as a result of an increase in out-of-State activity by a person other than the recipient of the tax incentive or as a result of such other person not having a taxable presence in the State; (5) results in loss of a compensating tax system, because the tax on interstate commerce exceeds the tax on intrastate commerce; (6) requires that other taxing jurisdictions offer reciprocal tax benefits; or (7) requires that a tax incentive earned with respect to one tax can only be used to reduce a tax burden for or provide a tax benefit against any other tax that is not imposed on apportioned interstate activities. (b) No Inference.--Nothing in this section shall be construed to create any inference with respect to the validity or invalidity under the Commerce Clause of the United States Constitution of any tax incentive described in this section. SEC. 4. DEFINITIONS; RULE OF CONSTRUCTION. (a) Definitions.--For purposes of this Act-- (1) Compensating tax system.--The term ``compensating tax system'' means complementary taxes imposed on both interstate and intrastate commerce where the tax on interstate commerce does not exceed the tax on intrastate commerce and the taxes are imposed on substantially equivalent events. (2) Economic development purposes.--The term ``economic development purposes'' means all legally permitted activities for attracting, retaining, or expanding business activity, jobs, or investment in a State. (3) Imposed on apportioned interstate activities.--The term ``imposed on apportioned interstate activities'' means, with respect to a tax, a tax levied on values that can arise out of interstate or foreign transactions or operations, including taxes on income, sales, use, gross receipts, net worth, and value added taxable bases. Such term shall not include taxes levied on property, transactions, or operations that are taxable only if they exist or occur exclusively inside the State, including any real property and severance taxes. (4) Person.--The term ``person'' means any individual, corporation, partnership, limited liability company, association, or other organization that engages in any for profit or not-for-profit activities within a State . (5) Property.--The term ``property'' means all forms of real, tangible, and intangible property. (6) State.--The term ``State'' means each of the several States (or subdivision thereof), the District of Columbia, and any territory or possession of the United States. (7) State tax.--The term ``State tax'' means all taxes or fees imposed by a State. (8) Tax benefit.--The term ``tax benefit'' means all permanent and temporary tax savings, including applicable carrybacks and carryforwards, regardless of the taxable period in which the benefit is claimed, received, recognized, realized, or earned. (9) Tax incentive.--The term ``tax incentive'' means any provision that reduces a State tax burden or provides a tax benefit as a result of any activity by a person that is enumerated or recognized by a State tax jurisdiction as a qualified activity for economic development purposes. (b) Rule of Construction.--It is the sense of Congress that the authorization provided in section 2 should be construed broadly and the limitations in section 3 should be construed narrowly. SEC. 5. SEVERABILITY. If any provision of this Act or the application of any provision of this Act to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of this Act to any person or circumstance shall not be affected by the holding. SEC. 6. EFFECTIVE DATE. This Act shall apply to any State tax incentive enacted before, on, or after the date of the enactment of this Act.

Economic Development Act of 2005 - Authorizes any State to provide to any person for economic development purposes tax incentives that otherwise would be the cause of discrimination against interstate commerce under the Commerce Clause of the Constitution. Makes exceptions for any incentive that: (1) is dependent upon State or country of incorporation, commercial domicile, or residence of an individual; (2) requires the recipient to acquire, lease, license, use, or provide services to property created in the State; (3) is reduced or eliminated as a result of an increase in out-of-State activity by the recipient or other person or as a result of such other person not having a taxable presence in the State; (4) results in loss of a compensating tax system, because the tax on interstate commerce exceeds the tax on intrastate commerce; (5) requires that other taxing jurisdictions offer reciprocal tax benefits; or (6) requires that a tax incentive earned with respect to one tax can only be used to reduce a tax burden for, or provide a tax benefit against any other tax that is not imposed on, apportioned interstate activities.

To authorize the States (and subdivisions thereof), the District of Columbia, territories, and possessions of the United States to provide certain tax incentives to any person for economic development purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Access Equality Act of 2009''. SEC. 2. CREDIT FOR PROPERTY USED TO FURNISH BROADBAND SERVICES IN UNDERSERVED AND RURAL AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45Q the following new section: ``SEC. 45R. PROPERTY USED TO FURNISH BROADBAND SERVICES IN UNDERSERVED AND RURAL AREAS. ``(a) In General.--For purposes of section 38, the broadband services credit determined under this section is an amount equal to the applicable percentage of the cost of each qualified broadband property placed in service during the taxable year. ``(b) Applicable Percentage.-- ``(1) In general.--For purposes of subsection (a), the applicable percentage is-- ``(A) 50 percent for qualified broadband property for underserved and rural areas in which, on the date of the enactment of this section, not more than the greater of-- ``(i) 5 percent of the households, or ``(ii) 20 households, have broadband access, and ``(B) 30 percent for qualified broadband property for underserved and rural areas which, on such date, are not described in paragraph (1). ``(2) Increased percentage where high speed service provided.--The applicable percentage determined under paragraph (1) shall be increased by 10 percentage points for qualified broadband property providing transmission service at a speed which is not less than-- ``(A) except in the case of commercial mobile radio services, 50 megabits per second downstream and 20 megabits per second upstream, and ``(B) in the case of commercial mobile radio services, 10 megabits per second downstream and 2 megabits per second upstream. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified broadband property.--The term `qualified broadband property' means section 1245 property (as defined in section 1245(a)(3))-- ``(A) which is used to provide broadband services in underserved or rural areas to purchasers of such services, ``(B) which is-- ``(i) tangible property (to which section 168 applies), or ``(ii) computer software (as defined in section 197(e)(3)(B)) which is described in section 197(e)(3)(A) and to which section 167 applies, and ``(C) the original use of which commences with the taxpayer. Such term shall not include any property described in section 50(b). ``(2) Broadband.--The term `broadband' means an Internet Protocol-based transmission service (at a speed which is not less than 5 megabits per second downstream and 1 megabit per second upstream) that enables users to send and receive voice, video, data, graphics, or a combination, without regard to any transmission media or technology. ``(3) Underserved area.--The term `underserved area' means-- ``(A) any census tract that is located in-- ``(i) an empowerment zone or enterprise community designated under section 1391, or ``(ii) the District of Columbia Enterprise Zone established under section 1400, or ``(B) any census tract-- ``(i) the poverty level of which is at least 30 percent (based on the most recent census data), and ``(ii) the median family income of which does not exceed-- ``(I) in the case of a census tract located in a metropolitan statistical area, 70 percent of the greater of the metropolitan area median family income or the statewide median family income, and ``(II) in the case of a census tract located in a nonmetropolitan statistical area, 70 percent of the nonmetropolitan statewide median family income. ``(4) Rural area.--The term `rural area' means any census tract outside a metropolitan statistical area (as defined by the Office of Management and Budget). ``(5) Regulated entities.--The credit determined under subsection (a) may not be used to reduce a taxpayer's cost of service, but may be used to reduce rate base, provided that such reduction is restored not less rapidly than ratably. For purposes of determining ratable restorations to rate base, the period of time used in computing depreciation expense for purposes of reflecting operating results in the taxpayer's regulated books of account shall be used. ``(d) Recapture in Case of Dispositions, etc.--Under regulations prescribed by the Secretary-- ``(1) Early disposition.--If, before the close of the period to which section 50(a)(1) applies, qualified broadband property is disposed of or ceases to be used to provide broadband services to any underserved area, then the tax under this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the recapture percentage (determined under the table contained in section 50(a)(1)(B)) of the aggregate credits allowed under subsection (a) for all prior taxable years. ``(2) Subsection not to apply in certain cases.--Rules similar to the rules of section 50(a)(4) shall apply for purposes of paragraph (1). ``(e) Other Rules To Apply.--Rules similar to the rules of paragraphs (3), (4), and (5) of section 179(d) shall apply for purposes of this section. ``(f) Basis Reduction.--Rules similar to the rules of sections 50(c) (other than paragraph (3)) and 1016(a)(19) shall apply for purposes of this section.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the broadband services credit determined under section 45R(a).''. (c) Clerical Amendment.--The table of sections subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Property used to furnish broadband services in underserved and rural areas.'' (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of enactment of this Act in taxable years ending after such date.

Broadband Access Equality Act of 2009 - Amends the Internal Revenue Code to allow a general business tax credit for broadband property installed in underserved and rural areas. Allow a 50% credit for the cost of such property installed in areas in which not more than the greater of 5% of households or 20 households have broadband access and a 30% credit for all other underserved and rural areas. Increases by 10% the rate of such credit for high speed broadband service.

To amend the Internal Revenue Code of 1986 to provide a credit against income tax for businesses furnishing broadband services to underserved and rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``McGee Creek Project Pipeline and Associated Facilities Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means the agreement numbered 06-AG-60-2115 and entitled ``Agreement Between the United States of America and McGee Creek Authority for the Purpose of Defining Responsibilities Related to and Implementing the Title Transfer of Certain Facilities at the McGee Creek Project, Oklahoma''. (2) Authority.--The term ``Authority'' means the McGee Creek Authority located in Oklahoma City, Oklahoma. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF MCGEE CREEK PROJECT PIPELINE AND ASSOCIATED FACILITIES. (a) Authority To Convey.-- (1) In general.--In accordance with all applicable laws and consistent with any terms and conditions provided in the Agreement, the Secretary may convey to the Authority all right, title, and interest of the United States in and to the pipeline and any associated facilities described in the Agreement, including-- (A) the pumping plant; (B) the raw water pipeline from the McGee Creek pumping plant to the rate of flow control station at Lake Atoka; (C) the surge tank; (D) the regulating tank; (E) the McGee Creek operation and maintenance complex, maintenance shop, and pole barn; and (F) any other appurtenances, easements, and fee title land associated with the facilities described in subparagraphs (A) through (E), in accordance with the Agreement. (2) Exclusion of mineral estate from conveyance.-- (A) In general.--The mineral estate shall be excluded from the conveyance of any land or facilities under paragraph (1). (B) Management.--Any mineral interests retained by the United States under this Act shall be managed-- (i) consistent with Federal law; and (ii) in a manner that would not interfere with the purposes for which the McGee Creek Project was authorized. (3) Compliance with agreement; applicable law.-- (A) Agreement.--All parties to the conveyance under paragraph (1) shall comply with the terms and conditions of the Agreement, to the extent consistent with this Act. (B) Applicable law.--Before any conveyance under paragraph (1), the Secretary shall complete any actions required under-- (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.); (iii) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (iv) any other applicable laws. (b) Operation of Transferred Facilities.-- (1) In general.--On the conveyance of the land and facilities under subsection (a)(1), the Authority shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of any transferred facilities. (2) Operation and maintenance costs.-- (A) In general.--After the conveyance of the land and facilities under subsection (a)(1) and consistent with the Agreement, the Authority shall be responsible for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities. (B) Limitation on funding.--The Authority shall not be eligible to receive any Federal funding to assist in the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities, except for funding that would be available to any comparable entity that is not subject to reclamation laws. (c) Release From Liability.-- (1) In general.--Effective beginning on the date of the conveyance of the land and facilities under subsection (a)(1), the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to any land or facilities conveyed, except for damages caused by acts of negligence committed by the United States (including any employee or agent of the United States) before the date of the conveyance. (2) No additional liability.--Nothing in this subsection adds to any liability that the United States may have under chapter 171 of title 28, United States Code. (d) Contractual Obligations.-- (1) In general.--Except as provided in paragraph (2), any rights and obligations under the contract numbered 0-07-50- X0822 and dated October 11, 1979, between the Authority and the United States for the construction, operation, and maintenance of the McGee Creek Project, shall remain in full force and effect. (2) Amendments.--With the consent of the Authority, the Secretary may amend the contract described in paragraph (1) to reflect the conveyance of the land and facilities under subsection (a)(1). (e) Applicability of the Reclamation Laws.--Notwithstanding the conveyance of the land and facilities under subsection (a)(1), the reclamation laws shall continue to apply to any project water provided to the Authority.

McGee Creek Project Pipeline and Associated Facilities Conveyance Act - Authorizes the Secretary of the Interior to convey to the McGee Creek Authority all U.S. rights to the pipeline and any associated facilities described in the Agreement Between the United States and McGee Creek Authority for the Purpose of Defining Responsibilities Related to and Implementing the Title Transfer of Certain Facilities at the McGee Creek Project, Oklahoma. Excludes the mineral estate from the conveyance. Requires the Secretary to complete any actions required under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and the National Historic Preservation Act before such conveyance. Provides that any rights and obligations under a specified contract between the Authority and the United States for the construction, operation, and maintenance of the McGee Creek Project shall remain in force.

To authorize the Secretary of the Interior to convey to the McGee Creek Authority certain facilities of the McGee Creek Project, Oklahoma, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Industry Revitalization Act of 1993''. SEC. 2. DECLARATION OF POLICY. Congress finds and declares the following: (1) The United States commercial airline industry is currently suffering severe financial distress. (2) Sustained record losses and excessive debt burdens are causing air carriers to cancel new aircraft options and orders which, in turn is threatening the economic viability of the United States aerospace manufacturing industry. (3) Many air carriers are increasingly unable to obtain financing at reasonable interest rates for purchasing new equipment. (4) The inability of many air carriers to acquire new, quieter, more fuel efficient Stage 3 aircraft may jeopardize the planned phaseout of noisier stage 2 aircraft. (5) The national goal of conserving scarce natural resources and the airline industry goal of reducing soaring fuel costs would both be enhanced by increasing the average fuel-efficiency of aircraft fleets. (6) States and local communities, the traveling public, aerospace manufacturing companies and workers, airline employees, and airline shareholders would all benefit from stronger, healthy air carriers operating modern, fuel- efficient, quieter aircraft. (7) Prudent investment to facilitate modernization of the industry's aircraft fleet can provide vitally needed economic stimulus for carriers and manufacturers and will ensure that both industries remain competitive into the next century. (8) A revolving fund should, therefore, be established for the purpose of carrying out a Federal loan guarantee program to support the financing of new aircraft in a way that assures the phasing out of less fuel-efficient, noisier, and older aircraft at the same time. SEC. 3. AUTHORIZATION TO GUARANTEE FINANCING OF NEW AIRCRAFT. The Airport Noise and Capacity Act of 1990 (49 App. U.S.C. 2151 et seq.) is amended by adding at the end the following new section: ``SEC. 9310. FINANCING OF NEW AIRCRAFT. ``(a) Authorization of Loan Guarantee Program.--The Secretary is authorized to guarantee loans for the financing of new aircraft for use by air carriers that meet the terms and conditions set forth in subsection (d) and that agree to pay (directly if the carrier is the loan guarantee recipient, or indirectly if another person is loan guarantee recipient) subsidy fees, annual administrative fees, and surcharges assessed under subsection (g). Subject to subsection (d), such guarantees may be made with respect to loans to an air carrier that will use such new aircraft or loans to a person purchasing such new aircraft for lease to and use by an air carrier. ``(b) Establishment of Fund.--There is established in the Treasury a fund, to be known as the `New Aircraft Guarantee Program Fund', for the purpose of carrying out the loan guarantee program authorized by subsection (a). The Fund shall consist of amounts paid for subsidy fees, annual administrative fees, and surcharges required under subsection (g). Amounts in the Fund shall be available to the Secretary without further appropriations to carry out the purposes of the Fund and shall remain available until expended. ``(c) Initial Authorization.--There are authorized to be appropriated for deposit in the Fund such sums as are necessary for the Secretary to pay the initial administrative expenses of the loan guarantee program under this section. Within 2 years after such an appropriation, the Secretary shall ensure that an amount from the Fund equal to the appropriated amount, together with interest thereon, is deposited in the treasury as miscellaneous receipts. ``(d) Terms and Conditions.--A loan guarantee under this section shall be subject to the following terms and conditions: ``(1) The loan guarantee must lead to the delivery of new aircraft to an air carrier certificated under part 121 of title 14, Code of Federal Regulations, and such delivery shall occur no later than December 31, 1999. ``(2) The loan guarantee must be made for the purpose of financing the acquisition of new aircraft that comply with stage 3 noise standards. ``(3) The loan guarantee shall only be available for the purchase of new aircraft from companies that both-- ``(A) publish independently audited financial disclosure information and financial results; and ``(B) also are domiciled in countries that comply with all major international agreements governing aerospace trade, including but not limited to the GATT Civil Aircraft Agreement, the GATT Subsidies Code, the United States-European Community bilateral aircraft agreement, the OECD Large Aircraft Sector Understanding, and bilateral air services agreements with the United States. ``(4) In the case of any air carrier taking delivery of a new aircraft financed under this section which owns or operates either aging aircraft or Stage 2 aircraft, such air carrier as borrower or lessee must, except as provided in paragraph (5), agree that no later than the sixtieth day after the aircraft being financed is placed on the air carrier's operations specifications under part 121 of title 14, Code of Federal Regulations, or December 31, 1999, whichever occurs first, it will remove from service within the contiguous United States-- ``(A) the number of aging aircraft or Stage 2 aircraft which, in the aggregate and pursuant to rules promulgated by the Secretary, are certified as equaling or exceeding 200 percent of the number of seats (or in the case of all-cargo aircraft 200 percent of cargo capacity) of the new aircraft being financed; or ``(B) all of its remaining aging aircraft and Stage 2 aircraft, whichever number of aircraft is less. ``(5) When an air carrier described in paragraph (4) is taking delivery of only all-cargo aircraft, the carrier may, in lieu of removing Stage 2 all-cargo aircraft from service, modify on or after April 15, 1993, such Stage 2 aircraft in order to meet Stage 3 noise standards on the same number of such Stage 2 aircraft that otherwise would have had to be removed from service under paragraph (4); except that such modified aircraft must remain configured for all-cargo service and shall not be converted to passenger-cargo combination service. ``(6) Each aircraft removed from service by an air carrier under paragraph (4) shall be taken off the registry of certificated aircraft by the Secretary unless the air carrier continues to use such aircraft solely outside the contiguous United States and may not subsequently be registered in the United States; except that-- ``(A) the Secretary may continue to keep an aircraft on the registry of certificated aircraft if such aircraft is not based in any of the several States of the United States and is engaged in common carriage entirely outside the several States; and ``(B) in a case where the aircraft removed from service is owned by a person not affiliated with such air carrier and was operated by such air carrier under lease on or before April 1, 1993, the Secretary may continue to keep such aircraft on the registry of certificated aircraft if such owner brings such aircraft into compliance with Stage 3 noise standards prior to its lease or sale to another air carrier or lessor. ``(7) An air carrier which is to take delivery of a new aircraft financed under this section must warrant that it did not after April 1, 1993, and will not on and after the date of enactment of this section, place in service any aging aircraft or Stage 2 aircraft to its fleet, except-- ``(A) as incidental to a merger with or acquisition of another air carrier that as of April 1, 1993, was certificated under part 121 of title 14, Code of Federal Regulations; ``(B) as incidental to the purchase of a route or routes and necessary associated assets; ``(C) in the case of aircraft that the air carrier has agreed to lease pursuant to a signed term sheet executed no later than April 30, 1993; or ``(D) for the provision of air transportation solely outside the contiguous United States. ``(8) An air carrier's violation of the warranty under paragraph (7) shall constitute a revocation of all outstanding loan guarantees under this section that were made for the purpose of financing delivery of new aircraft to such air carrier. ``(9) The Secretary may not grant a waiver, to any air carrier that takes delivery of an aircraft financed by a loan guarantee under this section, that would allow such air carrier to operate Stage 2 aircraft beyond December 31, 1999, in interstate air transportation. ``(e) Regulations.--No later than sixty days after the date of enactment of this section, the Secretary shall promulgate regulations implementing the loan guarantee program authorized by this section. ``(f) Fiduciary Duties of Secretary.--To implement this section, the Secretary-- ``(1) shall apply reasonable and prudent fiduciary standards in determining whether to make any specific loan guarantee, and is authorized to take such action as may be appropriate to enforce any right accruing to the United States or any officer or agency thereof as a result of making a loan guarantee under this section; ``(2) shall make loan guarantees on rates, terms, and conditions which, in the judgment of the Secretary, offer reasonable assurance of repayment; ``(3) may require that loans guaranteed under this section be secured by the aircraft being financed, to provide sufficient collateral; and ``(4) may not guarantee a loan amount that is more than 85 percent of the manufacturer's price to the air carrier of the aircraft being financed. ``(g) Assessment of Fees.-- ``(1) In general.--A loan guarantee under this section shall remain in effect only so long as the loan guarantee recipient pays the subsidy fee assessed under paragraph (2), any annual administrative fee assessed under paragraph (3), and any surcharge assessed under paragraph (4). ``(2) Subsidy fee.--For each loan guarantee under this section, the Secretary shall assess and collect a subsidy fee from the loan guarantee recipient that is equal to the cost, as defined by section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of such guarantee. ``(3) Annual administrative fee.--Each year the Secretary shall assess and collect an administrative fee for each loan guarantee under this section. Such fees shall be set at a level adequate to cover anticipated expenses for administering the loan guarantee program authorized under this section. ``(4) Adjustments.--After completion of each fiscal year, the Secretary shall calculate whether the administrative fee collections were adequate, inadequate, or in excess of the amounts needed to cover the actual administrative expenses for such year. To the extent that the administrative fees were inadequate or excessive, the Secretary shall assess a surcharge to cover any shortfall, or shall provide a rebate from the Fund or reduce future administrative fees to cover any overcharges. ``(h) Annual Report.--The Secretary shall, not later than March 1 of each year, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report that-- ``(1) describes the progress of the loan guarantee program authorized by this section; ``(2) identifies any problems with such program; and ``(3) describes the loan guarantees made under this section, including the identity of the air carriers and other persons receiving loans to which such guarantees apply. ``(i) Definitions.--As used in this section, the following definitions apply: ``(1) Aging aircraft.--The term `aging aircraft' means one or more airplanes that were placed into service more than fifteen years prior to the date of enactment of this section. ``(2) Air carrier; united states.--The terms `air carrier' and `United States' have the meaning such terms have in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301). ``(3) Fund.--The term `Fund' means the New Aircraft Guarantee Program Fund established by subsection (b). ``(4) New aircraft.--The term `new aircraft' means one or more newly manufactured airplanes, including associated spare parts and engines included in the original purchase, that have not been previously registered or placed into service. ``(5) Remove from service.--The term `remove from service' means to-- ``(A) eliminate, permanently and irrevocably, aircraft from the fleet of an air carrier on or after April 15, 1993; ``(B) transfer aircraft to another air carrier, after April 1, 1993, but before the date of enactment of this section, for use in common carriage entirely outside the several States of the United States; or ``(C) remove aircraft permanently and entirely from use in common carriage in the United States. ``(6) Stage 2 aircraft.--The term `Stage 2 aircraft' means one or more airplanes as defined by section 36.1(f)(4) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section. ``(7) Stage 3 aircraft.--The term `Stage 3 aircraft' means one or more airplanes as defined by section 36.1(f)(6) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section.''.

Aviation Industry Revitalization Act of 1993 - Amends the Airport Noise and Capacity Act of 1990 to authorize the Secretary of Transportation to guarantee loans to eligible air carriers to finance their acquisition of new aircraft. Establishes the New Aircraft Guarantee Program Fund consisting of subsidy fees, annual administrative fees, and surcharges paid by the air carriers. Authorizes appropriations.

Aviation Industry Revitalization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Affordability for Working Students Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Approximately 2,660,000 students attend institutions on a less than half-time basis. (2) The average age of college students has risen and enrollment among older students is rising faster than among those in their late teens. (3) Less than half-time enrollment allows students to balance the demands of school, work, and family. (4) Only approximately 30 percent of American workers today have a college degree, but more Americans are recognizing how important it is to earn a degree or acquire new skills. (5) Job security and success in a global economy requires training and education beyond high school. (6) Students who attend school less than half-time are not eligible for Federal subsidized student loans, the largest source of Federal student financial aid. (7) A range of financial options exist for less than half- time students, yet these options are limited and poorly utilized. SEC. 3. DEMONSTRATION LOAN PROGRAM AUTHORIZED. Part G of title IV of the Higher Education Act of 1965 is amended by inserting after section 486 (20 U.S.C. 1093) the following new section: ``SEC. 496A. DEMONSTRATION LOAN PROGRAM AUTHORIZED. ``(a) Program Authority.--From the amounts made available by subsection (g), the Secretary is authorized to carry out a program of providing guaranteed and direct loans to less-than-half-time students for not more than 6 terms, semesters, or substantially equivalent periods of enrollment over the duration of the students' course of study in accordance with the requirements of this section. Except as otherwise provided in this section-- ``(1) all terms and conditions for Federal Stafford loans established under section 428 shall apply to guaranteed loans made pursuant to this section; and ``(2) all terms and conditions for Federal Direct Stafford loans established under part D shall apply to direct loans made pursuant to this section. ``(b) Participation Agreements.-- ``(1) Agreements.--The Secretary shall enter into participation agreements under this section with any eligible institution or eligible lender (as such terms are defined in section 435) that submits to the Secretary a request for participation and that the Secretary selects for participation in the guaranteed loan or direct loan program (or both) under this section. The Secretary may enter into such agreements with consortia of such institutions or lenders, or consortia of both institutions and lenders. ``(2) Selection for participation.--The Secretary is authorized to select for participation in the program not more than an aggregate of 100 institutions of higher education or consortia of institutions of higher education. ``(3) Terms and conditions of agreements.--Such agreements shall contain such terms and conditions as the Secretary shall require and shall-- ``(A) in the case of agreements with eligible institutions, provide that the institution will-- ``(i) identify eligible part-time students who seek student financial assistance at such institution; and ``(ii) determine the amount of eligible education expenses of such students; and ``(B) in the case of agreements with both eligible institutions and eligible lenders-- ``(i) provide assurances that the lender or the institution (as applicable) will comply with requirements established by the Secretary relating to student loan information with respect to loans made under this section; ``(ii) provide that the lender or the institution (as applicable) accepts responsibility and financial liability stemming from its failure to perform its functions pursuant to the agreement; and ``(iii) include such other provisions as the Secretary determines are necessary to protect the interests of the United States and to promote the purposes of this section. ``(4) Withdrawal and termination procedures.--The Secretary shall establish procedures by which institutions or lenders may withdraw or be terminated from the program under this section. ``(c) Special Loan Terms and Conditions.--A loan under this section-- ``(1) shall be repaid in accordance with a repayment plan selected by the borrower commencing 6 months after the date the borrower ceases to be enrolled; ``(2) be subject to deferral of repayment during any period of enrollment in which the borrower is enrolled as student, even if less-than-half-time; and ``(3) during any such deferment-- ``(A) shall not be subject to periodic installments of principal; and ``(B) interest-- ``(i) in the case of a loan made by an eligible lender, shall be paid by the Secretary; and ``(ii) in the case of a loan made by the Secretary, shall not accrue. ``(d) Waivers.--The Secretary is authorized to waive, for any institution of higher education participating in the program under this section, the requirements of section 472 that relate to limiting the definition of the cost of attendance for less-than-half-time students, especially paragraphs (2) and (4) of such section, with the goal of allowing the institution to use the same definition of the cost of attendance for less than half-time students as is used for students attending at least half-time. ``(e) Evaluations and Reports.-- ``(1) Evaluations.--The Secretary shall evaluate the demonstration program authorized under this section on an annual basis. Such evaluations shall review-- ``(A) the extent to which each institution and lender participating in the demonstration program has met the requirements of the participation agreement, including program quality assurance; ``(B) the number of students participating in the demonstration program, including the progress of participating students towards recognized certificates or degrees and the extent to which persistence or completion increased or decreased for students in the demonstration program; ``(C) the extent to which persistence or completion increased or decreased for students in the demonstration program as compared to a comparable group of students; ``(D) the willingness of lenders to participate and obstacles that discourage participation by lenders; and ``(E) the effect that limitations on the number of terms that a less-than-half-time student may receive these loans has on their course of study. ``(2) Reports.--Not later than 42 months after the initiation of the program authorized under this section, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives with respect to-- ``(A) the evaluations of the demonstration program authorized under this section; and ``(B) any proposed statutory changes designed to enhance persistence and completion for students. ``(f) Oversight.--In conducting the demonstration program authorized under this section, the Secretary shall, on a continuing basis-- ``(1) ensure the compliance of institutions and lenders participating in the demonstration program with the requirements of this title (other than the sections and regulations that are waived under this section); and ``(2) provide technical assistance. ``(g) Appropriation.--There shall be available to the Secretary to carry out this section, from funds not otherwise appropriated, such sums as may be necessary for fiscal year 2008 and each of the 4 succeeding fiscal years.''.

College Affordability for Working Students Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out a Demonstration Loan program providing guaranteed and direct loans to less than half-time students for not more than six terms, semesters, or substantially equivalent periods of enrollment over the duration of the students' studies. Limits program participation to up to 100 institutions of higher education or consortia of IHEs. Requires program loans to be: (1) subject to deferral of repayment while the borrower is enrolled as a student, even if less than half-time; and (2) repaid pursuant to a repayment plan selected by the borrower that commences six months after the borrower's enrollment ends. Authorizes the Secretary to waive, for IHE participants, certain requirements limiting what may be included in the cost of attendance for less than half-time students.

To establish a demonstration loan program for nontraditional students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Screener Technology Improvement Act of 2005''. SEC. 2. PURPOSE. The purpose of this Act is to facilitate airport growth, increase the efficiency of the air transportation system, and increase security. SEC. 3. FINDINGS. Congress finds the following: (1) Airport and airline officials have reported to the Government Accountability Office (in this section referred to as ``GAO'') that installing in-line baggage screening systems at airports would reduce congestion at airline ticket counters by removing stand-alone explosive detection systems and explosive trace detection machines from crowded airport lobbies, thereby improving airline passenger flow and queuing in the terminals. (2) Airport and airline officials have reported to GAO that the installation of in-line baggage screening systems would allow for airport growth because in-line explosive detection systems could screen checked baggage faster than stand alone explosive detection and explosive trace detection machines and could be upgraded to accommodate growth in airline passenger traffic. (3) The National Commission on Terrorist Attacks Upon the United States (in this section referred to as the ``9/11 Commission'') specifically recommended that the Transportation Security Administration (in this section referred to as ``TSA'') should expedite the installation of advanced in-line baggage screening equipment. (4) In testimony before Congress, the chairman of the 9/11 Commission expressed support for moving explosives units out of airport lobbies and into a secured area where they can be integrated into the process of moving the bags from the check- in counter to the loading area in a seamless, in-line process. (5) The chairman stated that moving explosives units into a secured area will promote greater security because-- (A) screening machines will not be exposed to the public; (B) screeners will be able to focus on screening bags rather than moving them; and (C) fewer people will be congregated around machines in the public area. (6) The chairman further stated that processing bags from checking to loading through an in-line system is functionally more efficient, making travel more convenient as well as more secure. (7) GAO reports that 86 of the 130 airports surveyed are planning or are considering installing in-line baggage screening systems throughout or at a portion of their airports. (8) TSA and airport operators rely on letters of intent as their principal method for funding the modification of airport facilities to incorporate in-line baggage screening systems. As of January 2005, TSA has issued 8 letters of intent to cover the costs of installing systems at 9 airports for a total cost to the Federal Government of $957,100,000 over 4 years. (9) GAO reports that, as of July 2004, TSA had identified 27 additional airports that TSA believes would benefit from receiving letters of intent for in-line baggage screening systems because such systems are needed to screen an increasing number of bags due to current or projected growth in passenger traffic. TSA officials stated that without such systems these airports would not remain in compliance with the congressional mandate to screen all checked baggage using explosive detection systems or explosive trace detection. (10) GAO reports that TSA has estimated that in-line baggage screening systems at the 9 airports that received letter of intent funding could save the Federal Government $1,300,000,000 over 7 years. TSA further estimated that it could recover its initial investment in the in-line systems at these airports in a little over 1 year. (11) TSA has stated that it currently does not have sufficient resources in their budget to fund any additional letters of intent. (12) Based on current evidence, greater investment in in- line baggage screening systems is economically justified and would facilitate airport growth, increase the efficiency of the air transportation system, and increase security. (13) The 9/11 Commission specifically recommended that TSA and Congress give priority attention to improving the ability of screening checkpoints to detect explosives on aviation passengers. (14) Recent reports by the Inspector General of the Department of Homeland Security and the Government Accountability Office indicate that improvements are still needed in the aviation passenger screening process to ensure that dangerous, prohibited items are not being carried into the sterile area of airports or allowed to enter the checked baggage system. (15) The Inspector General of the Department of Homeland Security stated, ``Despite the fact that the majority of screeners with whom our testers came into contact were diligent in the performance of their duties and conscious of the responsibility those duties carry, lack of improvement since our last audit indicates that significant improvement in performance may not be possible without greater use of technology.''. (16) The Inspector General further stated, ``We encourage TSA to expedite its testing programs and give priority to technologies, such as backscatter x-ray, that will enable the screening workforce to better detect both weapons and explosives.''. (17) The TSA concurs with the Inspector General's statement that significant improvements in screener performance will only be possible with the introduction of new technology. SEC. 4. AVIATION SECURITY CAPITAL FUND. (a) In General.--Section 44923(h)(1) of title 49, United States Code, is amended-- (1) in the second sentence by striking ``in each of fiscal years 2004 through 2007'' and inserting ``in each of fiscal years 2004 and 2005, and $650,000,000 in each of fiscal years 2006 and 2007,''; and (2) in the third sentence by striking ``at least $250,000,000 in each of such fiscal years'' and inserting ``at least $250,000,000 in each of fiscal years 2004 and 2005, and at least $650,000,000 in each of fiscal years 2006 and 2007,''. (b) Discretionary Grants.--Section 44923(h)(3) of such title is amended by striking ``for a fiscal year, $125,000,000'' and inserting ``, $125,000,000 for each of fiscal years 2004 and 2005, and $525,000,000 for each of fiscal years 2006 and 2007,''. SEC. 5. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION. Section 44940 of title 49, United States Code, is amended-- (1) in subsection (d)(4) by inserting ``, other than subsection (i),'' before ``except to''; and (2) by adding at the end the following: ``(i) Checkpoint Screening Security Fund.-- ``(1) Establishment.--There is established in the Department of Homeland Security a fund to be known as the `Checkpoint Screening Security Fund'. ``(2) Deposits.--In fiscal year 2006, after amounts are made available under section 44923(h), the next $250,000,000 derived from fees received under subsection (a)(1) shall be available to be deposited in the Fund. ``(3) Fees.--The Secretary of Homeland Security shall impose the fee authorized by subsection (a)(1) so as to collect at least $250,000,000 in fiscal year 2006 for deposit into the Fund. ``(4) Availability of amounts.--Amounts in the Fund shall be available until expended for the purchase, deployment, and installation of equipment to improve the ability of security screening personnel at screening checkpoints to detect explosives.''.

Airport Screener Technology Improvement Act of 2005 - Amends Federal transportation law to increase for FY 2006 and 2007 the amount of security service fees (passenger fees) that are collected from passengers of air carriers and foreign air carriers in air transportation and intrastate air transportation and deposited into the Aviation Security Capital Fund. Increases amounts made available from such Fund for FY 2006 and 2007 for discretionary grants (with priority given to fulfill obligations under letters of intent to airport sponsors for airport security improvement projects). Establishes the Checkpoint Screening Security Fund in the Department of Homeland Security. Makes a specified amount from the Aviation Security Capital Fund available for deposit into the Checkpoint Screening Security Fund. Directs the Secretary of Homeland Security to impose a passenger fee and deposit amounts collected into such Fund.

To amend title 49, United States Code, to make funds available for the Aviation Security Capital Fund, to establish a Checkpoint Screening Security Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017''. SEC. 2. FINDINGS. Congress finds as follows: (1) In 1996, Congress unanimously passed the Food Quality Protection Act of 1996 (Public Law 104-170; 110 Stat. 1489) (referred to in this section as ``FQPA''), a comprehensive overhaul of Federal pesticide and food safety policy. That Act amended the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) (referred to in this section as ``FIFRA'') and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the laws that govern how the Environmental Protection Agency (referred to in this section as the ``EPA'') registers pesticides and pesticide labels for use in the United States and establishes tolerances or acceptable levels for pesticide residues on food. (2) The FQPA directs the EPA to ensure with ``reasonable certainty'' that ``no harm'' will result from food, drinking water, and other exposures to a pesticide. If EPA cannot make this safety finding, it must prohibit residues and use of the pesticide on food. The FQPA mandates that EPA must consider children's special sensitivity and exposure to pesticide chemicals and must make an explicit determination that the pesticide can be used with a ``reasonable certainty of no harm'' to children. In determining acceptable levels of pesticide residue, EPA must account for the potential health harm from pre-and postnatal exposures. The economic benefits of pesticides cannot be used to override this health-based standard for children from food and other exposures. (3) Chlorpyrifos is a widely used pesticide first registered by EPA in 1965. Chlorpyrifos is an organophosphate pesticide, a class of pesticides developed as nerve agents in World War II and adapted for use as insecticides after the war. Chlorpyrifos and other organophosphate pesticides affect the nervous system through inhibition of cholinesterase, an enzyme required for proper nerve functioning. Acute poisonings occur when nerve impulses pulsate through the body, causing symptoms like nausea, vomiting, convulsions, respiratory paralysis, and, in extreme cases, death. Based on dozens of peer-reviewed scientific articles, EPA determined that exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition (10 percent or less) in the mothers could lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children. (4) People, including pregnant women, are exposed to chlorpyrifos through residues on food, contaminated drinking water, and toxic spray drift from nearby pesticide applications. Chlorpyrifos is used on an extensive variety of crops, including fruit and nut trees, vegetables, wheat, alfalfa, and corn. Between 2006 and 2012, chlorpyrifos was applied to more than 50 percent of the Nation's apple and broccoli crops, 45 percent of onion crops, 46 percent of walnut crops, and 41 percent of cauliflower crops. (5) Chlorpyrifos is acutely toxic and associated with neurodevelopmental harms in children. Prenatal exposure to chlorpyrifos is associated with elevated risks of reduced IQ, loss of working memory, delays in motor development, attention- deficit disorders, and structural changes in the brain. (6) There is no nationwide chlorpyrifos use reporting. The United States Geological Survey estimates annual pesticide use on agricultural land in the United States, and estimates that chlorpyrifos use on crops in 2014 ranged from 5,000,000 to 7,000,000 pounds of chlorpyrifos. (7) In its 2016 report, the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel recognized ``the growing body of literature with laboratory animals (rats and mice) indicating that gestational and/or early postnatal exposure to chlorpyrifos may cause persistent effects into adulthood along with epidemiology studies which have evaluated prenatal chlorpyrifos exposure in mother-infant pairs and reported associations with neurodevelopment outcomes in infants and children.''. (8) Chlorpyrifos has long been of concern to EPA. Residential uses of chlorpyrifos ended in 2000 after EPA found unsafe exposures to children. EPA also discontinued use of chlorpyrifos on tomatoes and restricted its use on apples and grapes in 2000, and obtained no-spray buffers around schools, homes, playfields, day cares, hospitals, and other public places, ranging from 10 to 100 feet. In 2015, EPA proposed to ban all chlorpyrifos food tolerances, based on unsafe drinking water contamination, which would end use of chlorpyrifos on food in the United States. After updating the risk assessment for chlorpyrifos in November 2016 to protect against prenatal exposures associated with brain impacts, EPA found that expected residues from use on food crops exceeded the safety standard, and additionally the majority of estimated drinking water exposures from currently allowed uses of chlorpyrifos also exceeded acceptable levels, reinforcing the need to revoke all food tolerances for the pesticide. (9) Chlorpyrifos threatens the healthy development of children. Children experience greater exposure to chlorpyrifos and other pesticides because, relative to adults, they eat and drink more proportional to their body weight. A growing body of evidence shows that prenatal exposure to very low levels of chlorpyrifos can lead to lasting and possibly permanent neurological impairments. In November 2016, EPA released a revised human health risk assessment for chlorpyrifos that confirmed that there are no acceptable uses for the pesticide, all food uses exceed acceptable levels, with children ages 1 to 2 exposed to levels of chlorpyrifos that are 140 times what the EPA considers acceptable. (10) Chlorpyrifos threatens agricultural workers. Farm workers are exposed to chlorpyrifos from mixing, handling, and applying the pesticide, as well as from entering fields where chlorpyrifos was recently sprayed. Chlorpyrifos is one of the pesticides most often linked to acute pesticide poisonings, and in many States, it is regularly identified among the 5 pesticides linked to the highest number of pesticide poisoning incidents. This is significant given widespread under-reporting of pesticide poisonings due to such factors as inadequate reporting systems, fear of retaliation from employers, and reluctance to seek medical treatment. According to the EPA, all workers who mix and apply chlorpyrifos are exposed to unsafe levels of the pesticide even with maximum personal protective equipment and engineering controls. Field workers are currently allowed to re-enter fields within 1 to 5 days after chlorpyrifos is sprayed based on current restricted entry intervals on the registered chlorpyrifos labels but unsafe exposures continue on average 18 days after applications. (11) Chlorpyrifos threatens families in agricultural communities. Rural families are exposed to unsafe levels of chlorpyrifos on their food and in their drinking water. They are also exposed to toxic levels of chlorpyrifos when it drifts from the fields to homes, schools, and other places people gather. EPA's 2016 revised human health risk assessment found that chlorpyrifos drift reaches unsafe levels at 300 feet away from the edge of the treated field, and the chemical chlorpyrifos is found at unsafe levels in the air at schools, homes, and communities in agricultural areas. The small buffers put in place in 2012 leave children unprotected from this toxic pesticide drift. (12) Chlorpyrifos threatens drinking water. EPA's 2014 and 2016 risk assessments have found that chlorpyrifos levels in drinking water are unsafe. People living and working in agricultural communities are likely to be exposed to higher levels of chlorpyrifos and other organophosphate pesticides in their drinking water. (13) In 2015, leading scientific and medical experts, along with children's health advocates, came together, under ``Project TENDR: Targeting Environmental Neuro-Developmental Risks'' (referred to in this section as ``TENDR''), to issue a call to action to reduce widespread exposures to chemicals that interfere with fetal and children's brain development. Based on the available and peer-reviewed scientific evidence, the TENDR authors identified prime examples of neurodevelopmentally toxic chemicals ``that can contribute to learning, behavioral, or intellectual impairment, as well as specific neurodevelopmental disorders such as ADHD or autism spectrum disorder,'' and listed organophosphate pesticides, among them. In the United States, based on reporting from parents, 1 in 6 children have a developmental disability or other developmental delay. The TENDR Consensus Statement concludes that ``to help reduce the unacceptably high prevalence of neurodevelopmental disorders in our children, we must eliminate or significantly reduce exposures to chemicals that contribute to these conditions.''. SEC. 3. PROHIBITIONS RELATING TO CHLORPYRIFOS. Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(j) Notwithstanding any other provision of law, if it bears or contains chlorpyrifos, including any residue of chlorpyrifos, or any other added substance that is present on or in the food primarily as a result of the metabolism or other degradation of chlorpyrifos.''. SEC. 4. REVIEW OF ORGANOPHOSPHATE PESTICIDES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator'') shall offer to enter into a contract with the National Research Council to conduct a cumulative and aggregate risk assessment that addresses all populations, and the most vulnerable subpopulations, including infants, children, and fetuses, of exposure to organophosphate pesticides. (b) Contents of Review.--The review under subsection (a) shall-- (1) assess the neurodevelopmental effects and other low- dose effects of exposure to organophosphate pesticides, including in the most vulnerable subpopulations, including-- (A) during the prenatal, childhood, adolescent, and early life stages; and (B) agricultural workers; (2) assess the cumulative and aggregate risks from exposure described in paragraph (1), which shall aggregate all routes of exposure, including diet, pesticide drift, volatilization, occupational, and take-home exposures; and (3) be completed and submitted to the Administrator not later than October 1, 2019. (c) Regulatory Action.-- (1) Applicability.--This subsection shall apply if the Administrator becomes aware of any exposure to any organophosphate pesticide, including exposures described in paragraphs (1) and (2) of subsection (b), that does not meet, as applicable-- (A) the standard under section 408(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(2)); or (B) any standard under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (2) Action.--Not later than 90 days after the date on which the Administrator becomes aware of any exposure under paragraph (1), the Administrator shall take any appropriate regulatory action, regardless of whether the review under subsection (a) is completed, including-- (A) revocation or modification of a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a); or (B) modification, cancellation, or suspension of a registration under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (d) Effect.--Nothing in this section authorizes or requires the Administrator to delay in carrying out or completing, with respect to an organophosphate pesticide, any registration review under section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)), any tolerance review under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a), or any registration or modification, cancellation, or suspension of a registration under section 3 or 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a, 136d), if-- (1) the organophosphate pesticide does not meet applicable requirements established under those provisions of law; or (2) the review, registration, modification, cancellation, or suspension is required-- (A) by statute; (B) by judicial order; or (C) to respond to a petition.

Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit from sale any food that contains the organophosphate pesticide, chlorpyrifos. The Environmental Protection Agency (EPA) must offer a contract to the National Research Council to conduct an organophosphate pesticide risk assessment. If the EPA finds pesticide exposure that does not meet FFDCA standards or the Federal Insecticide, Fungicide, and Rodenticide Act standards, the EPA must take regulatory action not later than 90 days after becoming aware of the exposure.

Protect Children, Farmers, and Farmworkers from Nerve Agent Pesticides Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Human Rights Sanctions Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Iran voted in the United Nations General Assembly on December 10, 1948, to adopt the Universal Declaration of Human Rights, thereby committing to guarantee the ``life, liberty, and security of person'' of all people and rejecting ``cruel, inhuman, or degrading treatment or punishment''. (2) The Constitution of the Islamic Republic of Iran guarantees certain human rights and fundamental freedoms, including political and civil rights, along with economic, social, and cultural rights, including a prohibition on torture and a guarantee of sentencing according to the law. (3) The Islamic Republic of Iran is a party to 4 major United Nations human rights treaties: the Convention on the Rights of the Child (which it ratified on July 13, 1994), the International Convention on the Elimination of All Forms of Racial Discrimination (which it ratified on August 29, 1968), and the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (both of which it ratified on June 24, 1975). (4) The Government of the Islamic Republic of Iran is violating its international and constitutional obligations to respect the human rights and fundamental freedoms of its citizens, including by-- (A) using torture and cruel, inhuman, or degrading treatment or punishment, including flogging, and amputations; (B) carrying out an increasingly high rate of executions in the absence of internationally recognized safeguards, including public executions and executions of juvenile offenders; (C) using stoning as a method of execution and maintaining a high number of persons in prison who continue to face sentences of execution by stoning; (D) carrying out arrests, violent repression, and sentencing of women exercising their right to peaceful assembly, a campaign of intimidation against women's rights defenders, and continuing discrimination against women and girls; (E) permitting or carrying out increasing discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic, or other minorities; (F) imposing ongoing, systematic, and serious restrictions of freedom of peaceful assembly and association and freedom of opinion and expression, including the continuing closures of media outlets, arrests of journalists, and the censorship of expression in online forums such as blogs and websites; and (G) imposing severe limitations and restrictions on freedom of religion and belief, including by carrying out arbitrary arrests, indefinite detentions, and lengthy jail sentences for those exercising their rights to freedom of religion or belief and proposing a provision in a draft penal code that sets out a mandatory death sentence for apostasy, the abandoning of one's faith. (5) On June 19, 2009, the United Nations High Commissioner for Human Rights expressed concerns about the increasing number of arrests not in conformity with the law and the illegal use of excessive force in responding to protests following the June 12, 2009, elections in Iran, resulting in at least dozens of deaths and hundreds of injuries. (6) On August 1, 2009, authorities in the Islamic Republic of Iran began a mass trial of more than 100 individuals in connection with election protests, most of whom were held for weeks, in solitary confinement, with little or no access to their lawyers or families, and many of whom showed signs of torture or abuse. (7) The Supreme Leader of Iran issued a statement on October 28, 2009, effectively criminalizing dissent in the aftermath of the national election of June 12, 2009. (8) On November 4, 2009, security forces in the Islamic Republic of Iran used brutal force to disperse thousands of protesters, resulting in a number of injuries and arrests, in violation of international standards regarding the proportionate use of force against peaceful demonstrations. (9) At least 8 citizens of Iran were killed and an undetermined number were injured on December 27, 2009, when security forces of the Islamic Republic of Iran violently broke up peaceful gatherings during the Ashura holiday. (10) The Government of the Islamic Republic of Iran has recently sentenced numerous Iranian citizens to death without due process for politicized crimes relating to the peaceful demonstrations that followed the June 12, 2009, elections, including ``waging war against God'', and has begun carrying out those execution sentences, including the death by hanging of 2 individuals on January 28, 2010. SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF IRAN OR THEIR FAMILY MEMBERS AFTER THE JUNE 12, 2009, ELECTIONS IN IRAN. (a) In General.--Except as provided in subsections (d) and (e), the President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b). (b) List of Persons Who Are Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are citizens of Iran that the President determines are complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. (2) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1) periodically and as new information becomes available. (3) Public availability.--The list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Iran, that monitor the human rights abuses of the Government of Iran. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Visa ban.--Ineligibility for a visa to enter the United States. (2) Financial sanctions.--Sanctions authorized under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property. (d) Exceptions To Comply With International Agreements.--The President may, by regulation, authorize exceptions to the imposition of sanctions under this section to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international agreements. (e) Waiver.--The President may waive the requirement to impose or maintain sanctions with respect to a person under subsection (a) or the requirement to include a person on the list required by subsection (b) if the President-- (1) determines that such a waiver is in the national interest of the United States; and (2) submits to the appropriate congressional committees a report describing the reasons for the determination. (f) Termination of Sanctions.--The provisions of this section shall cease to have force and effect on the date on which the President determines and certifies to the appropriate congressional committees that the Government of Iran has-- (1) unconditionally released all political prisoners, including the citizens of Iran detained in the aftermath of the June 12, 2009, presidential election in Iran; (2) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Iran while engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Iran and prosecuted those responsible. (g) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' has the meaning given that term in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites; and (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list. Authorizes the President to: (1) not apply such sanctions in order to permit U.S. compliance with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations and other international agreements; and (2) waive such sanctions if in the U.S. national interest. Terminates sanctions upon presidential certification to Congress that the government of Iran has: (1) released all political prisoners; (2) ceased its practices of violence and abuse of Iranian citizens engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings and abuse of peaceful political activists in Iran and prosecuted those responsible.

A bill to impose sanctions on persons who are complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, elections in Iran, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save America's Biotechnology Innovative Research Act of 2005'' or ``SABIR Act''. SEC. 2. ELIGIBILITY FOR PARTICIPATION IN SMALL BUSINESS INNOVATION RESEARCH PROGRAM. (a) In General.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following new subsection: ``(x) Eligibility for Participation in SBIR Program.-- ``(1) In general.--To be eligible to receive an award under the SBIR program, a business concern-- ``(A) shall have not more than 500 employees; and ``(B) shall be owned in accordance with one of the ownership requirements described in paragraph (2). ``(2) Ownership requirements.--The ownership requirements referred to in paragraph (1) are the following: ``(A) The business concern is-- ``(i) at least 51 percent owned and controlled by individuals or eligible venture capital companies, who are citizens of or permanent resident aliens in the United States; and ``(ii) not more than 49 percent owned and controlled by a single eligible venture capital company (or group of commonly-controlled eligible venture capital companies). ``(B) The business concern is at least 51 percent owned and controlled by another business concern that is itself at least 51 percent owned and controlled by individuals who are citizens of or permanent resident aliens in the United States. ``(C) The business concern is a joint venture in which each entity to the joint venture meets one of the ownership requirements under this paragraph. ``(3) Employee defined.--For purposes of paragraph (1)(A), the term `employee' means an individual employed by the business concern and does not include-- ``(A) an individual employed by an eligible venture capital company providing financing to the business concern; or ``(B) an individual employed by any entity in which the eligible venture capital company is invested other than that business concern. ``(4) Treatment of other forms of ownership.-- ``(A) Stock option ownership.--For purposes of this subsection, in the case of a business concern owned in whole or in part by an employee stock option plan, each stock trustee or plan member shall be deemed to be an owner. ``(B) Trust ownership.--For purposes of this subsection, in the case of a business concern owned in whole or in part by a trust, each trustee or trust beneficiary shall be deemed to be an owner. ``(5) Exception for start-up concerns.--Notwithstanding paragraphs (1) through (4), any business concern that is a start-up concern shall be eligible to receive funding under the SBIR program.''. (b) Definitions.--Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended by adding at the end the following new paragraphs: ``(9) The term `eligible venture capital company' means a business concern-- ``(A) that-- ``(i) is a Venture Capital Operating Company, as that term is defined in regulations promulgated by the Secretary of Labor; or ``(ii) is an entity that-- ``(I) is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-51 et seq.); or ``(II) is an investment company, as defined in section 3(c)(14) of such Act (15 U.S.C. 80a-3(c)(14)), which is not registered under such Act because it is beneficially owned by less than 100 persons; and ``(B) that is not controlled by any business concern that is not a small business concern within the meaning of section 3. ``(10) The term `start-up concern' means a business concern that-- ``(A) for at least 2 of the 3 preceding fiscal years has had-- ``(i) sales of not more than $3,000,000; or ``(ii) no positive cash flow from operations; and ``(B) is not formed to acquire any business concern other than a small business concern that meets the requirement under subparagraph (A).''. (c) Regulations.--Before the date that is 90 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall-- (1) in accordance with the exceptions to public rulemaking under section 553(b)(A) and (B) of title 5, United States Code, promulgate regulations to implement the provisions of this Act; (2) publish in the Federal Register a notification of the changes in eligibility for participation in the Small Business Innovation Research program made by this Act; and (3) communicate such changes to Federal agencies that award grants under the Small Business Innovation Research program. (d) Effective Date.--The amendments made by this Act shall apply with respect to any business concern that participates in the Small Business Innovation Research program on or after the date of the enactment of this Act.

Save America's Biotechnology Innovative Research Act of 2005 or SABIR Act - Amends provisions of the Small Business Act relating to the Small Business Innovation Research (SBIR) Program (a program under which a portion of a Federal agency's research or research and development funds are reserved for award to small businesses) to require a small business, in order to be SBIR-eligible, to have no more than 500 employees and be one of the following; (1) at least 51 percent owned and controlled by individuals or eligible venture capital companies who are U.S. citizens or permanent resident aliens; (2) not more than 49 percent owned and controlled by a single eligible venture capital company; (3) at least 51 percent owned and controlled by another business that is itself at least 51 percent owned and controlled by U.S. Citizens or permanent resident aliens; or (4) a joint venture in which each entity meets one of these ownership requirements.

A bill to amend the Small Business Act to establish eligibility requirements for business concerns to receive awards under the Small Business Innovation Research Program.

SECTION 1. FEDERAL DATA CENTER CONSOLIDATION. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget. (2) Data center.-- (A) Definition.--The term ``data center'' means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Administrator in the ``Implementation Guidance for the Federal Data Center Consolidation Initiative'' memorandum, issued on March 19, 2012. (B) Authority to modify definition.--The Administrator may promulgate guidance or other clarifications to modify the definition in subparagraph (A) in a manner consistent with this Act, as the Administrator determines necessary. (b) Federal Data Center Consolidation Inventories and Plans.-- (1) In general.-- (A) Annual reports.--Each year, beginning in fiscal year 2015 through the end of fiscal year 2019, the head of the agency that is described in subparagraph (E), assisted by the chief information officer of the agency, shall submit to the Administrator-- (i) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of the agency, even if the center is administered by a third party; and (ii) an updated consolidation plan that includes-- (I) a technical roadmap and approach for achieving the agency's targets for infrastructure utilization, energy efficiency (including performance benchmarks such as Power Utilization Effectiveness and use of Energy Star-rated equipment), cost savings and efficiency; (II) a detailed timeline for implementation of the data center consolidation plan; (III) quantitative utilization and efficiency goals for reducing assets, improving energy and efficiency, and improving use of information technology infrastructure; (IV) performance metrics by which the progress of the agency toward data center consolidation goals can be measured, including metrics to track any gains in energy utilization as a result of this initiative; (V) an aggregation of year-by-year investment and cost savings calculations for 5 years past the date of submission of the cost saving assessment, including a description of any initial costs for data center consolidation and life cycle cost savings; (VI) quantitative progress towards previously stated goals including cost savings (including savings measured on a total cost of ownership basis) and increases in operational efficiencies and utilization; and (VII) any additional information required by the Administrator. (B) Use of existing reporting structures.--The Administrator may require the agency described in subparagraph (E) to submit any information required to be submitted under this subsection through reporting structures in use as of the date of enactment of this Act. (C) Certification.--Each year, beginning in fiscal year 2015 through the end of fiscal year 2019, the head of the agency, acting through the chief information officer of the agency, shall submit a statement to the Administrator certifying that the agency has complied with the requirements of this Act. (D) Inspector general report.-- (i) In general.--The Inspector General for the agency described in subparagraph (E) shall release a public report not later than 6 months after the date on which the agency releases the first updated asset inventory in fiscal year 2015 under subparagraph (A)(i), which shall evaluate the completeness of the inventory of the agency. (ii) Agency response.--The head of the agency shall respond to the report completed by the Inspector General for the agency under clause (i), and complete any inventory identified by the Inspector General for the agency as incomplete, by the time the agency submits the required inventory update for fiscal year 2016. (E) Agency described.--The agency described in this paragraph is the Department of Energy, including all agencies under the jurisdiction of the Department of Energy. (F) Agency implementation of consolidation plans.-- The agency described in subparagraph (E), under the direction of the chief information officer of the agency shall-- (i) implement the consolidation plan required under subparagraph (A)(ii); and (ii) provide to the Administrator annual updates on implementation and cost savings (including life cycle costs) and efficiency improvements realized through such consolidation plan. (2) Administrator responsibilities.--The Administrator shall-- (A) establish the deadline, on an annual basis, for agencies to submit information under this section; (B) ensure that each certification submitted under paragraph (1)(C) and each agency consolidation plan submitted under paragraph (1)(A)(ii) is made available in a timely manner to the general public; (C) review the plans submitted under paragraph (1) to determine whether each plan is comprehensive and complete; (D) monitor the implementation of the data center consolidation plan of the agency described in paragraph (1)(A)(ii); and (E) update the cumulative cost savings projection on an annual basis as the savings are realized through the implementation of the agency plans. (3) Cost saving goal and updates for congress.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, or by September 30th of fiscal year 2015, whichever is later, the Administrator shall develop and publish a goal for the total amount of planned cost savings by the Federal Government through the Federal Data Center Consolidation Initiative during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings. (B) Annual update.-- (i) In general.--Not later than 1 year after the date on which the goal described in subparagraph (A) is determined and each year thereafter until the end of 2019, the Administrator shall publish a report on the actual savings achieved through the Federal Data Center Consolidation Initiative as compared to the projected savings developed under subparagraph (A) (based on data collected from the agency under paragraph (1)). (ii) Update for congress.--The report required under subparagraph (A) shall be submitted to Congress and shall include an update on the progress made by the agency described in paragraph (1)(E) on-- (I) whether the agency has in fact submitted a comprehensive asset inventory; (II) whether the agency has submitted a comprehensive consolidation plan with the key elements described in paragraph (1)(A)(ii); and (III) the progress, if any, of the agency on implementing the consolidation plan of the agency. (iii) Request for reports.--Upon request from the Committee on Energy and Natural Resources of the Senate or the Committee on Energy and Commerce of the House of Representatives, the head of the agency described in paragraph (1)(E) or the Director of the Office of Management and Budget shall submit to the requesting committee any report or information submitted to the Office of Management and Budget for the purpose of preparing a report required under clause (i) or an updated progress report required under clause (ii). (4) GAO review.--The Comptroller General of the United States shall, on an annual basis, publish a report on-- (A) the quality and completeness of the agency's asset inventory and consolidation plans required under paragraph (1)(A); (B) the agency's progress on implementation of the consolidation plans submitted under paragraph (1)(A); (C) overall planned and actual cost savings realized through implementation of the consolidation plans submitted under paragraph (1)(A); (D) any steps that the Administrator could take to improve implementation of the data center consolidation initiative; and (E) any matters for Congressional consideration in order to improve or accelerate the implementation of the data center consolidation initiative. (5) Response to gao.-- (A) In general.--If a report required under paragraph (4) identifies any deficiencies or delays in any of the elements described in subparagraphs (A) through (E) of paragraph (4) for the agency, the head of the agency shall respond in writing to the Comptroller General of the United States, not later than 90 days after the date on which the report is published under paragraph (4), with a detailed explanation of how the agency will address the deficiency. (B) Additional requirements.--If the Comptroller General identifies that the agency has repeatedly lagged in implementing the data center consolidation initiative, the Comptroller General may require that the head of the agency submit a statement explaining-- (i) why the agency is having difficulty implementing the initiative; and (ii) what structural or personnel changes are needed within the agency to address the problem. (c) Ensuring Cybersecurity Standards for Data Center Consolidation and Cloud Computing.--The agency required to implement a data center consolidation plan under this Act and migrate to cloud computing shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including-- (1) applicable provisions found within the Federal Risk and Authorization Management Program of the General Services Administration; and (2) guidance published by the National Institute of Standards and Technology. (d) Classified Information.--The Director of National Intelligence may waive the requirements of this Act for any element (or component of an element) of the intelligence community. (e) Sunset.--This Act is repealed effective on October 1, 2019.

Requires the Department of Energy (DOE), assisted by its chief information officer, to submit each year, beginning in FY2015 through FY2019, to the Office of E-Government and Information Technology of the Office of Management and Budget: (1) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of DOE; and (2) an updated consolidation plan for such data centers. Requires the DOE Inspector General to issue a public report evaluating the completeness of the DOE asset inventory. Requires the Office of E-Government and Information Technology to: (1) establish the deadline, on an annual basis, for agencies to submit information required by this Act; (2) develop and publish a goal for the total amount of planned cost savings through the Federal Data Center Consolidation Initiative during a five-year period and report on the actual savings achieved through the Initiative; and (3) report to Congress on DOE data center cost savings. Directs the Government Accountability Office to publish an annual report on DOE asset inventory and consolidation plans and DOE's implementation of such plans. Requires DOE to migrate to cloud computing in a manner consistent with federal guidelines on cloud computing security, including applicable provisions in the Federal Risk and Authorization Management Program of the General Services Administration and guidance published by the National Institute of Standards and Technology. Authorizes the Director of National Intelligence to waive requirements of this Act for any element of the intelligence community. Repeals this Act effective on October 1, 2019.

A bill to require certain agencies to conduct assessments of data centers and develop data center consolidation and optimization plans to achieve energy cost savings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Quality Research, Development, and Technology Demonstration Act''. SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL 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 Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). SEC. 3. TECHNICAL ASSISTANCE. (a) Technical Assistance for Rural and Small Treatment Works.-- Section 104(b) (33 U.S.C. 1254(b)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) make grants to nonprofit organizations to provide technical assistance to rural and small municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities to plan, develop, and gain financing for wastewater infrastructure assistance; ``(9) make grants to nonprofit organizations to provide technical assistance and training to rural and small publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and ``(10) make grants to nonprofit organizations to disseminate information to rural municipalities, small municipalities, and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.''. (b) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 1254(u)) is amended-- (1) by striking ``and (6)'' and inserting ``(6)''; and (2) by inserting before the period at the end the following: ``(7) not to exceed $80,000,000 for fiscal year 2003, $85,000,000 for fiscal year 2004, $90,000,000 for fiscal year 2005, $95,000,000 for fiscal year 2006, and $100,000,000 for fiscal year 2007 for carrying out subsections (b)(3), (b)(8), (b)(9), and (b)(10), except that not less than 20 percent of the amounts appropriated pursuant to this paragraph in a fiscal year shall be used for carrying out subsections (b)(8), (b)(9), and (b)(10)''. (c) Competitive Procedures for Awarding Grants.--Section 104 (33 U.S.C. 1254(b)) is amended by adding at the end the following: ``(v) Competitive Procedures for Awarding Grants.--The Administrator shall establish procedures that, to the maximum extent practicable, promote competition and openness in the award of grants to nonprofit private agencies, institutions, and organizations under this section.''. SEC. 4. CAPITALIZATION GRANT AGREEMENT ADDITIONAL REQUIREMENT. Section 602(b) (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting a semicolon; and (3) by adding at the end the following: ``(11) beginning in fiscal year 2004, the State will include as a condition of providing assistance under section 603(c)(1) that the recipient of such assistance study and evaluate the cost and effectiveness of innovative and alternative processes, materials, and techniques for carrying out projects and activities eligible for such assistance under section 603(c), and select, to the extent practicable, projects and activities that more efficiently use energy and natural and financial resources or provide greater environmental benefits.''. SEC. 5. ASSISTANCE AND SUBSIDIZATION. (a) Technical and Planning Assistance for Small Systems.--Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to treatment works, which serve a population of 20,000 or fewer, with technical and planning assistance to improve wastewater treatment plant management and operations; except that such amounts shall not exceed 2 percent of grant awards to such fund under this title.''. (b) Additional Subsidization.--Section 603 (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Additional Subsidization.-- ``(1) In general.--In any case in which a State provides assistance under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans, for projects and activities eligible for assistance under section 603(c)(1) to implement innovative and alternative processes, materials, and techniques (including nonstructural protection of surface waters, new or improved methods of waste treatment, and pollutant trading) that are of a type recommended under paragraph (2) and that may result in cost savings or increased environmental benefit when compared to standard processes, materials, and techniques. ``(2) Support for innovative and alternative processes, materials, and techniques.--Based on recommendations of the Water Quality Research Technical Advisory Committee under section 104(a)(3), the Administrator shall annually prepare a list and description of innovative and alternative processes, materials, and techniques that the Administrator recommends for additional State subsidization under this subsection.''. SEC. 6. PROGRAM PLAN. Section 104 (33 U.S.C. 1254) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively; and (B) by moving such subparagraphs 2 ems to the right; (2) by striking the section heading, the section designation, and ``(a) The Administrator shall'' and inserting the following: ``SEC. 104. RESEARCH, INVESTIGATION, TRAINING, AND INFORMATION. ``(a) National Programs.-- ``(1) Establishment.--The Administrator shall''; and (3) by adding at the end of subsection (a) the following: ``(2) Program plan.-- ``(A) In general.--Not later than 18 months after the date enactment of this subparagraph, the Administrator, in cooperation with other Federal, State, and local agencies and nonprofit organizations with expertise in water pollution control research, development, and technology demonstration, shall prepare and transmit to Congress a 5-year program plan to guide water pollution control research, development, and technology demonstration activities under this Act. ``(B) Comments of advisory committee.--The program plan shall be submitted to the Water Quality Research Technical Advisory Committee established under paragraph (3) for review and comment. ``(3) Water quality research technical advisory committee.-- ``(A) Establishment.--Not later than 12 months after the date of enactment of this Act, the Administrator shall establish under paragraph (1)(D) a Water Quality Research Technical Advisory Committee (in this paragraph referred to as the `Advisory Committee'). ``(B) Duties.--The Advisory Committee shall-- ``(i) advise the Administrator on the development and implementation of the program plan under paragraph (1); ``(ii) advise the Administrator annually on priority needs for water pollution control research, development, and technology demonstration under this Act and resources necessary for meeting such needs; ``(iii) make recommendations annually to the Administrator on types of innovative and alternative processes, materials, and techniques that should be recommended for additional subsidization under section 603(i); and ``(iv) review annually the results of water pollution control research, development, and technology demonstration carried out under this Act in the preceding fiscal year. ``(C) Membership.--The Advisory Committee shall be composed of 7 members appointed by the Administrator after seeking and receiving recommendations from the National Academy of Sciences. Members appointed to the Advisory Committee shall have experience or be technically qualified, by training or knowledge, in water pollution control research, development, and technology demonstration. ``(D) Compensation.--The members of the Advisory Committee shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(E) Meetings.--The Advisory Committee shall meet at least 4 times each year. ``(F) Termination.--The Advisory Committee shall terminate 5 years after the date of its establishment. ``(4) Reports to congress.--Not later than 1 year after the date of enactment of the Water Quality Research, Development, and Technology Demonstration Act, and annually thereafter, the Administrator shall transmit to Congress a report on the status and results to date of the implementation of the program plan prepared under paragraph (2). Each report shall include the comments of the Water Quality Research Technical Advisory Committee under paragraphs (2) and (3).''. SEC. 7. TECHNOLOGY DEMONSTRATION PROGRAM FOR WATER QUALITY ENHANCEMENT AND MANAGEMENT. Title I of the Act (33 U.S.C. 1251 et seq.) is amended-- (1) by redesignating the second section 121 (relating to wet weather watershed pilot projects) as section 122; and (2) by adding at the end the following: ``SEC. 123. TECHNOLOGY DEMONSTRATION PROGRAM FOR WATER QUALITY ENHANCEMENT AND MANAGEMENT. ``(a) Establishment.-- ``(1) In general.--As soon as practicable after the date of enactment of this section, the Administrator shall establish a nationwide demonstration program to-- ``(A) promote innovations in technology and alternative approaches to water quality management; and ``(B) reduce costs to municipalities incurred in complying with this Act. ``(2) Scope.--The demonstration program shall consist of 10 projects per year, to be carried out in municipalities selected by the Administrator under subsection (b). ``(b) Selection of Municipalities.-- ``(1) Application.--A municipality that seeks to be selected to participate in the demonstration program shall submit to the Administrator a plan that-- ``(A) is developed in coordination with-- ``(i) the Water Quality Research Technical Advisory Committee established under section 104(a)(3); ``(ii) the agency of the State having jurisdiction over water quality; and ``(iii) interested stakeholders; ``(B) describes adverse water quality impacts specific to surrounding ecosystems; ``(C) includes a strategy under which the municipality, through participation in the demonstration program, could effectively address those impacts and achieve the same water quality goals as those goals that could be achieved using more traditional methods or are mandated under this Act; and ``(D) includes a schedule for achieving the goals of the municipality. ``(2) Types of projects.--In carrying out the demonstration program, the Administrator may select projects which have the potential to advance innovative or alternative approaches to addressing-- ``(A) excessive nutrient growth; ``(B) water reclamation and reuse; ``(C) nonpoint source water pollution; ``(D) sanitary overflows; ``(E) combined sewer overflows; ``(F) problems with naturally-occurring constituents of concern; or ``(G) problems with erosion and excess sediment. ``(3) Responsibilities of administrator.--In selecting municipalities under this subsection, the Administrator shall-- ``(A) ensure, to the maximum extent practicable-- ``(i) the inclusion in the demonstration program of projects which reflect a broad geographic distribution and nontraditional approaches (including low-impact development technologies) used for the projects; and ``(ii) that each category of project described in paragraph (2) is adequately represented; ``(B) give higher priority to projects that address multiple problems and are regionally applicable; ``(C) ensure, to the maximum extent practicable, that at least 1 small community having a population of 10,000 or less receives a grant each year; and ``(D) ensure that, for each fiscal year, no municipality receives more than 25 percent of the total amount of funds made available for the fiscal year to provide grants under this section. ``(4) Cost sharing.--The non-Federal share of the cost of a project carried out under this section shall be at least 20 percent. ``(c) Reports.-- ``(1) Reports from municipalities.--A municipality that is selected for participation in the demonstration program shall submit to the Administrator, on the date of completion of a project of the municipality and on each of the dates that is 1, 2, and 3 years after that date, a report that describes the effectiveness of the project. ``(2) Reports to congress.--Not later than 2 years after the date of enactment of this section, and every 2 years thereafter, the Administrator shall compile, and submit to Congress, a report that describes the status and results of the demonstration program. ``(d) Incorporation of Results and Information.--To the maximum extent practicable, the Administrator shall incorporate the results of, and information obtained from, successful projects under this section into programs administered by the Administrator. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2003 through 2007.''.

Water Quality Research, Development, and Technology Demonstration Act - Amends the Federal Water Pollution Control Act (FWPCA) to authorize the Administrator of the Environmental Protection Agency to make grants to nonprofit organizations to provide technical and information assistance for rural and small treatment works. Requires establishment of procedures for the competitive award of grants.Extends funding for State- and interstate-managed pollution control programs.Revises State water pollution control revolving fund provisions concerning: (1) agreements for treatment works capitalization grants; (2) technical and planning assistance for small treatment works; and (3) additional subsidization.Requires the Administrator to: (1) prepare and transmit to Congress a five-year program plan to guide water pollution control research, development, and technology demonstration activities under FWPCA; and (2) submit the plan for review and comment to the Water Quality Research Technical Advisory Committee established by this Act; (3) establish a nationwide demonstration program, carried out in selected municipalities, to promote technological innovations and alternative approaches to water quality management and reduce municipalities' FWPCA compliance costs.

To amend the Federal Water Pollution Control Act to authorize appropriations for water pollution control research, development, and technology demonstration, and for other purposes.

SECTION 1. APPOINTMENT OF INSPECTOR GENERAL OF CERTAIN FEDERAL AGENCIES BY THE PRESIDENT. (a) In General.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by inserting after ``the Social Security Administration;'' the following: ``the person or persons designated by statute as the head of, or, if no such designation exists, the chief policymaking officer or board of, Amtrak, the Appalachian Regional Commission, the Board of Governors of the Federal Reserve System, the Board for International Broadcasting, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Corporation for Public Broadcasting, the Equal Employment Opportunity Commission, the Farm Credit Administration, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Election Commission, the Federal Housing Finance Board, the Federal Labor Relations Authority, the Federal Maritime Commission, the Federal Trade Commission, the Legal Services Corporation, the National Archives and Records Administration, the National Credit Union Administration, the National Endowment for the Arts, the National Endowment for the Humanities, the National Labor Relations Board, the National Science Foundation, the Panama Canal Commission, the Peace Corps, the Pension Benefit Guaranty Corporation, the Securities and Exchange Commission, the Smithsonian Institution, the Tennessee Valley Authority, the United States International Trade Commission, and the United States Postal Service; or, with respect to the National Science Foundation, the National Science Board;''; and (2) in paragraph (2), by inserting after ``the Social Security Administration;'' ``Amtrak, the Appalachian Regional Commission, the Board of Governors of the Federal Reserve System, the Board for International Broadcasting, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Corporation for Public Broadcasting, the Equal Employment Opportunity Commission, the Farm Credit Administration, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Election Commission, the Federal Housing Finance Board, the Federal Labor Relations Authority, the Federal Maritime Commission, the Federal Trade Commission, the Legal Services Corporation, the National Archives and Records Administration, the National Credit Union Administration, the National Endowment for the Arts, the National Endowment for the Humanities, the National Labor Relations Board, the National Science Foundation, the Panama Canal Commission, the Peace Corps, the Pension Benefit Guaranty Corporation, the Securities and Exchange Commission, the Smithsonian Institution, the Tennessee Valley Authority, the United States International Trade Commission, or the United States Postal Service''. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. (a) Inspector General Act of 1978.-- (1) Section 4(b)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) by striking ``, Offices of Inspector General of designated Federal entities defined under section 8F(a)(2),''; (B) by striking ``, or the Office of Inspector General of each designated Federal entity defined under section 8F(a)(2)''; and (C) by striking ``8F(a)(1)'' and inserting ``8G(a)(1)''. (2) Section 8G of such Act (5 U.S.C. App.), relating to requirements for Federal entities and designated Federal entities, is amended-- (A) in the section heading, by striking ``and designated federal entities'' and inserting ``and certain establishments''; (B) by striking subsections (a)(1)(B), (a)(2), (a)(4), (a)(5), (a)(6), (b), (c), (d), (e), (g)(1), and (g)(2); (C) in subsection (g)(3)-- (i) by striking ``Notwithstanding the last sentence of subsection (d) of this section, the'' and inserting ``The''; and (ii) by striking ``8C'' and inserting ``8D''; (D) in subsection (h)(1), by striking ``and designated Federal entities''; (E) by redesignating subsections (a)(1)(C), (a)(1)(D), (a)(1)(E), (a)(1)(F), (a)(3), (f), (g)(3), and (h) as subsections (a)(1)(B), (a)(1)(C), (a)(1)(D), (a)(1)(E), (a)(2), (b), (c), and (d), respectively; (F) in subsection (a)(1)(E), as so redesignated by subparagraph (F) of this paragraph, by adding ``and'' at the end; and (G) in subsection (a)(2), as so redesignated by subparagraph (F) of this paragraph, by striking ``(h)(1)'' and inserting ``(d)(1)''. (3) Section 8I of such Act (5 U.S.C. App.), relating to rule of construction of special provisions, is amended by striking ``or with respect to a designated Federal entity as defined under section 8F(a)''. (b) Energy Policy Act of 1992.--Section 160(a) of the Energy Policy Act of 1992 (42 U.S.C. 8262f(a)) is amended by striking ``8E(f)(1)'' and inserting ``8G(b)(1)''. SEC. 3. CONTINUATION OF SERVICE OF INSPECTORS GENERAL OF FORMER DESIGNATED FEDERAL ENTITIES. An individual serving immediately before the enactment of this Act as the Inspector General of a designated Federal entity (as defined in section 8G(a)(2) of the Inspector General Act of 1978, as in effect immediately before such enactment), that section 1 of this Act makes an establishment under the Inspector General Act of 1978, may serve as the Inspector General of the establishment, and may perform the functions of and exercise the authorities of the Inspector General of the establishment, until the appointment of the Inspector General of the establishment in accordance with the Inspector General Act of 1978.

Amends the Inspector General Act of 1978 to provide for the appointment of Inspectors General of specified Federal agencies by the President.

To amend the Inspector General Act of 1978 to provide for the appointment of the Inspector General of certain Federal agencies by the President of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Habitat Conservation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) an effective means of conserving and recovering Federal trust species and promoting self-sustaining populations of those species is to protect, conserve, restore, and enhance the habitats of the species; (2) coastal ecosystems are highly dynamic areas that provide valuable breeding, nursery, staging, and resting areas for a rich diversity of fish, shellfish, migratory birds, and mammals; (3) coastal areas support 40 percent of the refuges within the National Wildlife Refuge System, 40 percent of the endangered and threatened species (including 75 percent of the listed mammals and birds), and 50 percent of the fisheries conservation activities of the Service; (4) although coastal counties make up only 17 percent of total contiguous United States land area, coastal areas are home to more than 53 percent of the human population of the United States, which is placing enormous pressure on coastal ecosystems; (5) during the 2 decades after the date of enactment of this Act, human populations in coastal areas are projected to increase by approximately 25 percent, along with associated development and activities that threaten the health of coastal ecosystems; (6) because coastal deterioration can cause fragmentation and landward migration of coastal ecosystems as well as create new habitats along shorelines, it has become necessary to incorporate adaptation assistance into coastal ecosystem management strategies; (7) in addition to value as fish and wildlife habitat, coastal ecosystems-- (A) serve as an important source of food; (B) protect coastal communities against floods; (C) filter polluted runoff; and (D) provide valuable commercial and recreational benefits to coastal communities and the United States; (8)(A) fish and wildlife conservation is a responsibility shared by citizens and government; and (B) public-private partnerships should be supported through technical and financial assistance to conduct assessment, protection, planning, restoration, and enhancement of coastal ecosystems; (9) successful fish and wildlife conservation increasingly relies on interdependent partnerships in which priority setting, planning, and conservation delivery are collaborative endeavors; (10) since 1985, the Service has administered a coastal program through which the Service has worked with willing partners to assess, protect, plan, restore, and enhance coastal ecosystems, including coastal wetland and watersheds, upland, and riparian and in-stream habitats, that provide significant benefits to Federal trust species; (11) through that coastal program, the Service provides strategic conservation planning and design at the regional and landscape scales, and integrates the resources of the Service to address priorities identified by partners; and (12) the coastal program of the Service complements and enhances the National Coastal Wetlands Conservation Grant Program under section 305 of the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3954), which provides matching grants to coastal States to support long-term conservation of coastal wetland and associated habitats. (b) Purpose.--The purpose of this Act is to legislatively authorize the coastal program of the Service in effect as of the date of enactment of this Act to conduct collaborative, long-term, landscape- level planning and on-the-ground habitat protection, restoration, and enhancement projects in priority coastal areas to conserve and recover Federal trust species. SEC. 3. DEFINITIONS. In this Act: (1) Coastal area.--The term ``coastal area'' includes-- (A) a coastal wetland or watershed; (B) coastal water; (C) a coastline; and (D) an estuary and associated upland. (2) Coastal ecosystem.--The term ``coastal ecosystem'' means an ecological community that provides fish and wildlife habitat in coastal areas. (3) Coastal habitat assessment.--The term ``coastal habitat assessment'' means the process of evaluating the physical, chemical, and biological function of a coastal site to determine the value of the site to fish and wildlife. (4) Coastal habitat enhancement.--The term ``coastal habitat enhancement'' means the manipulation of the physical, chemical, or biological characteristics of a coastal ecosystem to increase or decrease specific biological functions that make the ecosystem valuable to fish and wildlife. (5) Coastal habitat planning.--The term ``coastal habitat planning'' means the process of developing a comprehensive plan that-- (A) characterizes a coastal ecosystem; (B) sets long-term protection, restoration, or enhancement goals; (C) describes conservation strategies and methodologies; (D) establishes a timetable for implementation of the plan; and (E) identifies roles of sponsors and participants. (6) Coastal habitat protection.-- (A) In general.--The term ``coastal habitat protection'' means a long-term action to safeguard habitats of importance to fish and wildlife species in a coastal ecosystem. (B) Inclusion.--The term ``coastal habitat protection'' includes activities to support establishment of conservation easements or fee-title acquisition by Federal and non-Federal partners. (7) Coastal habitat restoration.--The term ``coastal habitat restoration'' means the manipulation of the physical, chemical, or biological characteristics of a coastal ecosystem with the goal of returning, to the maximum extent practicable, the full natural biological functions to lost or degraded native habitat. (8) Federal trust species.--The term ``Federal trust species'' means-- (A) a species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) a species of migratory bird; (C) a species of interjurisdictional fish; (D) any species of marine mammal identified by the Secretary; and (E) any other species of concern, as determined by the Secretary. (9) Financial assistance.--The term ``financial assistance'' means Federal funding support provided to eligible recipients through a grant or cooperative agreement. (10) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (11) Service.--The term ``Service'' means the United States Fish and Wildlife Service. (12) Technical assistance.--The term ``technical assistance'' means a collaboration, facilitation, or consulting action relating to a habitat protection, planning, restoration, or enhancement project or initiative in which the Service contributes scientific knowledge, skills, and expertise to a project or program. (13) Volunteer.--The term ``volunteer'' means a person that is committed to performing a task without remuneration. SEC. 4. COASTAL PROGRAM. The Secretary shall carry out the Coastal Program within the Service-- (1) to identify the most important natural resource problems and solutions in priority coastal ecosystems in partnership with-- (A) Federal, State, local, and tribal governments; (B) nongovernmental institutions; (C) nonprofit organizations; and (D) private individuals or corporate entities; (2) to provide technical and financial support through partnerships with Federal, State, local, and tribal governments, nongovernmental institutions, nonprofit organizations, and private individuals for the conduct of voluntary habitat assessment, protection, planning, restoration, and enhancement projects on public or private land; (3) to assist in the development and implementation of monitoring protocols and adaptive management procedures to ensure the long-term success of coastal ecosystem conservation and restoration measures; and (4) to collaborate and share information with partners and the public regarding methods and models for the conservation, restoration, and enhancement of coastal ecosystems. SEC. 5. YOUTH INVOLVEMENT. In administering the Coastal Program, the Secretary shall, to the maximum extent practicable (including consideration of cost- effectiveness), employ youth volunteers and organizations that provide service opportunities to youths to carry out nonhazardous habitat restoration and enhancement activities. SEC. 6. REPORTS. (a) In General.--Not later than 1 year after the date of enactment of this Act and biennially thereafter, the Secretary shall submit to the Committees on Appropriations and Environment and Public Works of the Senate, and the Committees on Appropriations and Natural Resources of the House of Representatives, and make available to the public, a report on the Coastal Program carried out under this Act. (b) Requirements.--The report shall assess, as of the date of submission of the report, on statewide and nationwide bases-- (1) the state of coastal ecosystems; (2) progress made toward identifying the most important natural resource problems and solutions in priority ecosystems; and (3) long-term prospects for and success of protecting, restoring, and enhancing coastal ecosystems. (c) Inclusions.--The report shall include-- (1) quantitative information on areas protected, restored, or enhanced; (2) Federal funds expended or leveraged; (3) a description of adaptive management practices implemented; (4) a description of the number of volunteers and contributions of those volunteers; and (5) recommendations of the Secretary, if any, for additional research, management, or legislation needed to fully-- (A) address problems and implement solutions in coastal ecosystems; and (B) achieve the objectives of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary for each of fiscal years 2011 through 2015.

Coastal Habitat Conservation Act - Directs the Secretary of the Interior to carry out within the U.S. Fish and Wildlife Service a Coastal Program to: (1) identify the most important natural resource problems and solutions in priority coastal ecosystems in partnership with federal, state, local, and tribal governments, nongovernmental institutions, nonprofit organizations, and private individuals or corporate entities; (2) provide technical and financial support through partnerships with such governments, institutions, organizations, and private individuals for voluntary habitat assessment, protection, planning, restoration, and enhancement projects on public or private land; (3) assist in the development and implementation of monitoring protocols and adaptive management procedures so as to ensure the success of coastal ecosystem conservation and restoration measures; and (4) collaborate with partners and the public regarding methods and models for the conservation, restoration, and enhancement of coastal ecosystems. Requires the Secretary to employ youth volunteers and organizations that provide service opportunities for youths to carry out nonhazardous habitat restoration and enhancement activities.

A bill to authorize the Secretary of the Interior, through the Coastal Program of the United States Fish and Wildlife Service, to work with willing partners and provide support to efforts to assess, protect, restore, and enhance important coastal areas that provide fish and wildlife habitat on which Federal trust species depend.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Steps for Credit Availability Act''. SEC. 2. AMENDMENTS TO PERMIT BUSINESS DEVELOPMENT COMPANIES TO OWN INVESTMENT ADVISERS. Section 60 of the Investment Company Act of 1940 (15 U.S.C. 80a-59) is amended by striking ``except that the Commission shall not'' and inserting the following: ``except that-- ``(1) section 12 shall not apply to the purchasing, otherwise acquiring, or holding by a business development company of any security issued by, or any other interest in the business of, any person who is an investment adviser registered under title II of this Act or who is an investment adviser to an investment company; and ``(2) the Commission shall not''. SEC. 3. AMENDMENTS TO EXPAND ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES. Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 60(a)) is amended-- (1) in paragraph (1), by striking ``200'' and inserting ``150''; (2) in paragraph (2), by inserting ``or which is a stock'' after ``indebtedness''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) Section 18(a)(2) shall not apply to a business development company.''. SEC. 4. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING OFFERING RULES. (a) Revision to Rules.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission shall revise any rules (or any successor rules) to the extent necessary to allow a business development company that has filed an election pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a-60(a)) to use the securities offering rules that are available to other issuers that are required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934 (Public Law 73- 404; 48 Stat. 881). Any action that the Commission takes pursuant to this subsection shall include the following: (1) The Commission shall revise rule 405 under the Securities Act of 1933 (17 C.F.R. 230.405)-- (A) to remove the exclusion of a business development company from the definition of a well-known seasoned issuer provided by that rule; and (B) to add registration statements filed on Form N- 2 to the definition of ``automatic shelf registration statement'' provided by that rule. (2) The Commission shall revise rules 168 and 169 under the Securities Act of 1933 (17 C.F.R. 230.168 and 230.169) to remove the exclusion of a business development company from an issuer that can use the exemptions provided by those rules. (3) The Commission shall revise rules 163 and 163A under the Securities Act of 1933 (17 C.F.R. 230.163 and 230.163A) to remove a business development company from the list of issuers that are ineligible to use the exemptions provided by those rules. (4) The Commission shall revise rule 134 under the Securities Act of 1933 (17 C.F.R. 230.134) to remove the exclusion of a business development company from that rule. (5) The Commission shall revise rules 138 and 139 under the Securities Act of 1933 (17 C.F.R. 230.138 and 230.139) to specifically include a business development company as an issuer to which those rules apply. (6) The Commission shall revise rule 164 under the Securities Act of 1933 (17 C.F.R. 230.164) to remove a business development company from the list of issuers that are excluded from that rule. (7) The Commission shall revise rule 433 under the Securities Act of 1933 (17 C.F.R. 230.433) to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that rule applies. (8) The Commission shall revise rule 415 under the Securities Act of 1933 (17 C.F.R. 230.415)-- (A) to state that the registration for securities provided by that rule includes securities registered by a business development company on Form N-2; and (B) to provide an exception for a business development company from the requirement that a Form N- 2 registrant must furnish the undertakings required by item 34.4 of Form N-2. (9) The Commission shall revise rule 497 under the Securities Act of 1933 (17 C.F.R. 230.497) to include a process for a business development company to file a form of prospectus that is parallel to the process for filing a form of prospectus under rule 424(b). (10) The Commission shall revise rules 172 and 173 under the Securities Act of 1933 (17 C.F.R. 230.172 and 230.173) to remove the exclusion of an offering of a business development company from those rules. (b) Revision to Form N-2.--The Commission shall revise Form N-2-- (1) to include an item or instruction that is similar to item 12 on Form S-3 to provide that a business development company that meets the requirements of Form S-3 shall incorporate by reference its reports and documents filed under the Securities Exchange Act of 1934 into its registration statement filed on Form N-2; and (2) to include an instruction (that is similar to the instruction regarding automatic shelf offerings by well-known seasoned issuers on Form S-3) to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N-2 (or any successor form).

Next Steps for Credit Availability Act - Amends the Investment Company Act of 1940 to allow a business development company (BDC) to own or acquire securities or other interests in the business of a registered investment adviser or adviser to an investment company. Reduces from 200% to 150% the asset coverage requirements applicable to BDCs. Allows a BDC to issue stock. Directs the Securities and Exchange Commission (SEC) to revise various rules under the Securities Act of 1933 and to revise forms as necessary to allow a BDC to use security offering rules available to other issuers that are required to file security issuance reports under the Securities Exchange Act of 1934.

Next Steps for Credit Availability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Employment Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite an improving economy, a recent study indicates that among veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001 (hereinafter referred to as ``wounded warriors'') the unemployment rate is nearly 17.8 percent. (2) Wounded warriors should receive the tools, skills, education, resources, and support needed to find work and thrive economically. (3) Designed to provide the expert counseling and other services and supports vital to achieving economic empowerment, the vocational rehabilitation and employment program of the Department of Veterans Affairs should be the premier program assisting wounded warriors to realize their economic goals. (4) Only 20 percent of wounded warriors pursuing an education in 2013 chose to pursue vocational rehabilitation, while 54 percent chose to use their entitlement to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs, thereby foregoing counseling and other supports. (5) Wounded warriors who elect to pursue an education through the Post-9/11 Educational Assistance Program rather than vocational rehabilitation and education report choosing the such program because of its relatively easier, more expeditious application process, and the far greater freedom it affords the veteran to pursue his or her career or educational goals. (6) The Department of Veterans Affairs continues to face challenges with the program's workload management, particularly with staff and resource allocation models, decentralized program administration, and staff training, resulting in some regional offices struggling with average caseloads as high as 175 per counselor, all of which are affecting the delivery and quality of services to veterans, according to the Government Accountability Office. SEC. 3. VOCATIONAL REHABILITATION AND EDUCATION ACTION PLAN. Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and publish an action plan for improving the services and assistance provided under chapter 31 of title 38, United States Code. Such plan shall include each of the following: (1) A comprehensive analysis of, and recommendations and a proposed implementation plan for remedying workload management challenges at regional offices of the Department of Veterans Affairs, including steps to reduce counselor caseloads of veterans participating in a rehabilitation program under such chapter, particularly for counselors who are assisting veterans with traumatic brain injury and post-traumatic stress disorder and counselors with educational and vocational counseling workloads. (2) A comprehensive analysis of the reasons for the disproportionately low percentage of veterans with service- connected disabilities who served in the Armed Forces after September 11, 2001, who opt to participate in a rehabilitation program under such chapter relative to the percentage of such veterans who use their entitlement to educational assistance under chapter 33 of title 38, United States Code, including an analysis of barriers to timely enrollment in rehabilitation programs under chapter 31 of such title and of any barriers to a veteran enrolling in the program of that veteran's choice. (3) Recommendations and a proposed implementation plan for encouraging more veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, to participate in rehabilitation programs under chapter 31 of such title. (4) A national staff training program for vocational rehabilitation counselors of the Department that includes the provision of-- (A) training to assist counselors in understanding the very profound disorientation experienced by warriors whose lives and life-plans have been upended and out of their control because of their injury; (B) training to assist counselors in working in partnership with veterans on individual rehabilitation plans; and (C) training on post-traumatic stress disorder and other mental health conditions and on moderate to severe traumatic brain injury that is designed to improve the ability of such counselors to assist veterans with these conditions, including by providing information on the broad spectrum of such conditions and the effect of such conditions on an individual's abilities and functional limitations.

Wounded Warrior Employment Improvement Act Directs the Department of Veterans Affairs (VA) to develop and publish an action plan for improving the training and rehabilitation services and assistance provided by the VA for veterans with service-connected disabilities. Requires such plan to include: a comprehensive analysis of, and recommendations and a proposed implementation plan for remedying, workload management challenges at VA regional offices, including steps to reduce counselor case loads of veterans participating in a rehabilitation program; a comprehensive analysis of the reasons for the disproportionately low percentage of veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, who opt to participate in a VA rehabilitation program relative to the percentage of such veterans who use their entitlement to VA educational assistance; recommendations and a proposed implementation plan for encouraging more veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, to participate in VA rehabilitation programs; and a national staff training program for vocational rehabilitation counselors, that includes the provision of training to assist counselors in understanding the very profound disorientation experienced by warriors because of their injury, training to assist counselors in working in partnership with veterans on individual rehabilitation plans, and training on post-traumatic stress disorder and other mental health conditions and on moderate to severe traumatic brain injury that is designed to improve the ability of such counselors to assist veterans with such conditions.

Wounded Warrior Employment Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Research Projects Energy Act (ARPA-E) Act''. SEC. 2. ASSISTANT SECRETARY FOR ADVANCED ENERGY RESEARCH, TECHNOLOGY DEVELOPMENT, AND DEPLOYMENT. (a) Establishment.-- (1) In general.--The Secretary of Energy shall establish in the Department of Energy the position of Assistant Secretary for Advanced Energy Research, Technology Development, and Deployment (referred to in this Act as the ``Assistant Secretary''), to be headed by, and to report to, the Secretary. (2) Qualifications.--The Assistant Secretary shall be an individual with-- (A) an advanced education degree in energy technology; and (B) substantial commercial research and technology development and deployment experience. (b) Mission.--The mission of the Assistant Secretary is-- (1) to implement an innovative energy research, technology development, and deployment program to-- (A) increase national security by significantly reducing petroleum and imported fuels consumption; (B) significantly improve the efficiency of electricity use and the reliability of the electricity system; and (C) significantly reduce greenhouse gas emissions; and (2) to sponsor a diverse portfolio of cutting-edge, high- payoff research, development, and deployment projects to carry out the program. (c) Experimental Personnel Authority.--The Assistant Secretary may staff the office of the Assistant Secretary primarily using a program of experimental use of special personnel management authority in order to facilitate recruitment of eminent experts in science or engineering for management of research and development projects and programs administered by the Assistant Secretary under similar terms and conditions as the authority is exercised under section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note), as determined by the Assistant Secretary. (d) Transactions Other Than Contracts and Grants.--To carry out projects under this Act, the Assistant Secretary may enter into transactions to carry out advanced research projects under this subsection under similar terms and conditions as the authority is exercised under section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256(g)). (e) Prizes for Advanced Technology Achievements.-- (1) In general.--Subject to paragraphs (2) through (4), the Assistant Secretary may carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype development that have the potential to advance the mission described in subsection (b) under similar terms and conditions as the authority is exercised under section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396). (2) Competition requirements.--In carrying out this subsection, the Assistant Secretary shall-- (A) use a competitive process for the selection of recipients of cash prizes; and (B) conduct widely-advertised solicitation of submissions of research results, technology developments, and prototypes. (3) Maximum amount for all cash prizes.--The total amount of all cash prizes awarded for a fiscal year under this subsection may not exceed $50,000,000. (4) Maximum amount of individual cash prizes.--The amount of an individual cash prize awarded under this subsection may not exceed $10,000,000 unless the amount of the award is approved by the Secretary of Energy. (f) Annual Reports.--As soon as practicable after the end of each fiscal year for which the Assistant Secretary receives funds under subsection (h), the Assistant Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce, and the Committee on Science, of the House of Representatives a report on the progress, challenges, future milestones, and strategic plan of the Assistant Secretary, including-- (1) a description of, and rationale for, any changes in the strategic plan; (2) the adequacy of human and financial resources necessary to achieve the mission described in subsection (b); and (3) in the case of cash prizes awarded under subsection (e), a description of-- (A) the applications of the research, technology, or prototypes for which prizes were awarded; (B) the total amount of the prizes that were awarded; (C) the methods used for solicitation and evaluation of submissions and an assessment of the effectiveness of those methods; and (D) recommendations to improve the prize program. (g) Relationship to Other Authority.--The program under this Act may be carried out in conjunction with, or in addition to, the exercise of any other authority of the Assistant Secretary to acquire, support, or stimulate basic, advanced, and applied research, technology development, or prototype projects. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act-- (1) $1,000,000,000 for fiscal year 2007; and (2) $2,000,000,000 for each of fiscal years 2008 through 2011.

Advanced Research Projects Energy Act (ARPA-E) Act - Instructs the Secretary of Energy to establish in the Department of Energy the position of Assistant Secretary for Advanced Energy Research, Technology Development, and Deployment to: (1) implement an innovative energy research, technology development, and deployment program; and (2) sponsor a diverse portfolio of cutting-edge, high-payoff research, development, and deployment projects to carry it out. Authorizes the Assistant Secretary to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype development.

A bill to authorize the Secretary of Energy to establish the position of Assistant Secretary for Advanced Energy Research, Technology Development, and Deployment to implement an innovative energy research, technology development, and deployment program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Light Weight Armor Research Requirements for Individual Operational Readiness Act'' or the ``LT WARRIOR Act''. SEC. 2. ESTABLISHMENT OF JOINT TASK FORCE ON LIGHTWEIGHT BODY ARMOR. (a) Establishment.--The Secretary of Defense shall establish a joint task force, to be known as ``Joint Task Force Light Weight Armor Research Requirements for Individual Operational Readiness'' or ``JTF- LT WARRIOR'', to-- (1) synchronize efforts among the military departments to identify and examine the requirements for lighter weight body armor; and (2) serve as the centralized body for determining and coordinating issues regarding lightweight body armor and other personal protective equipment, including the required attributes of such armor and the development and procurement of such armor and equipment. (b) Composition.-- (1) Membership.--The task force shall consist of not more than 20 members, to be appointed by the Secretary as follows: (A) At least one member shall be appointed from each of the Army, Navy, Air Force, and Marine Corps. (B) At least one member shall represent the Natick Soldier Research, Development and Engineering Center of the Army. (C) At least one member shall represent the Defense Logistics Agency. (D) At least one member shall represent the United States Special Operations Command. (E) At least one member shall represent the Program Executive Office Soldier. (F) At least one member shall represent the Test and Evaluation Command of the Army. (G) At least one member shall represent the Defense Standardization Program Office. (H) Other members representing other entities considered appropriate by the Secretary. (2) Private entities.--In appointing members to the task force, the Secretary may consider including representatives from industry, including developers, manufacturers, and testing personnel. (3) Deadline.--The members of the task force shall be appointed not later than 30 days after the date of the enactment of this Act. (4) Chair.--Of a member appointed under paragraph (1) who is a member of the Armed Forces, the Secretary shall designate a chair of the task force. (c) Recommendations.-- (1) In general.--Not later than six months after the date on which all members of the task force have been appointed, and each six month period thereafter for a period of 18 months, the task force shall submit to the Secretary a report recommending ways in which the Secretary and each Secretary of a military department may more effectively address the research, development, and procurement requirements regarding reducing the weight of body armor. (2) Matters included.--The reports required under paragraph (1) shall include an assessment of the following: (A) The requirement for lighter weight body armor and personal protective equipment. (B) Innovative design ideas for more modular body armor that allow for scalable protection levels for various missions and threats. (C) Research, development, acquisition, and funding objectives specifically dedicated to reducing the weight of body armor and other personal protective equipment items. (D) The efficiency and effectiveness of current body armor funding procedures and processes. (E) Industry concerns, capabilities, and willingness to invest in the development and production of lightweight body armor initiatives. (3) Methodology.--In submitting the reports under paragraph (1), the task force shall consider as bases for making assessments-- (A) the findings and recommendations of previous reviews and the efforts of similar coordination boards; (B) the views of operations, combat, and materiel developers; and (C) other factors the task force considers appropriate. (d) Final Report.-- (1) Requirement.--The task force shall submit to the Secretary of Defense and each Secretary of a military department a final report on the activities of the task force. (2) Matters included.--The report shall include the following: (A) An assessment of the ability of the Department of Defense to support the requirement for lightweight body armor. (B) An assessment of any barriers preventing the development of lighter weight body armor (including such barriers with respect to technical, institutional, or financial problems). (C) The need for dedicated research and development funding specifically for reducing the weight of body armor. (D) Other areas of concern not previously mentioned or addressed by equipping boards, body armor producers, or program managers. (E) The final findings and conclusions of the task force. (F) Any recommendations for changes to procedures and policy the task force considers appropriate. (3) Submission to congress.--Not later than 60 days after the receipt of the report under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees the report, together with an evaluation of the report from the Secretary of Defense and each Secretary of a military department. (e) Administrative Support.-- (1) Compensation.-- (A) Each member of the task force who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or employee of the United States, as the case may be). (B) Other members of the task force shall be appointed in accordance with, and subject to, section 3161 of title 5, United States Code. (2) Oversight.--The Under Secretary of Defense for Acquisition, Technology and Logistics, shall provide oversight of the task force. (3) Logistics.--The Washington Headquarters Services of the Department of Defense shall provide the task force with personnel, facilities, and other administrative support as necessary for the performance of the duties of the task force. (f) Termination.--The task force shall terminate 90 days after the date on which the final report is submitted under subsection (d).

Light Weight Armor Research Requirements for Individual Operational Readiness Act or LT WARRIOR Act - Directs the Secretary of Defense (DOD) to establish the Joint Task Force Light Weight Armor Research Requirements for Individual Operational Readiness, or JTF-LT WARRIOR, to: (1) synchronize efforts among the military departments to identify and examine the requirements for lighter weight body armor; and (2) serve as the centralized body for determining and coordinating issues regarding such armor and other personal protective equipment, including its development and procurement. Requires the Task Force to report to the Secretary semiannually over a two-year period recommending ways to more effectively address the research, development, and procurement requirements regarding reducing the weight of body armor.

To direct the Secretary of Defense to establish a joint task force to improve the research and development of lighter weight body armor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Warrantless Surveillance of Americans Act''. SEC. 2. CLARIFICATION ON PROHIBITION ON WARRANTLESS SEARCHING OF COLLECTIONS OF COMMUNICATIONS FOR THE COMMUNICATIONS OF UNITED STATES PERSONS. Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin; (2) by striking ``the purpose'' and inserting ``a purpose''; (3) by striking ``an acquisition'' and inserting the following: ``(1) In general.--In acquisition''; and (4) by adding at the end the following new paragraph: ``(2) Clarification on prohibition on searching of collections of communications of united states persons.-- ``(A) In general.--Except as provided in subparagraph (B), no officer or employee of the United States may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular United States person (other than a corporation). ``(B) Concurrent authorization and exception for emergency situations.--Subparagraph (A) shall not apply to a search for communications related to a particular United States person if-- ``(i) such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order; ``(ii) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or ``(iii) such United States person has consented to the search.''. SEC. 3. PROHIBITION ON WARRANTLESS SEARCHING OF COLLECTIONS OF COMMUNICATIONS COLLECTED UNDER EXECUTIVE ORDER FOR THE COMMUNICATIONS OF UNITED STATES PERSONS. (a) In General.--Section 309 of the Intelligence Authorization Act for Fiscal Year 2015 is amended by adding at the end the following new subparagraph: ``(C) Clarification on prohibition on searching of collections of communications of united states persons.-- ``(i) In general.--Except as provided in clause (ii), no officer or employee of the United States may conduct a search of retained covered communications for a particular United States person (other than a corporation). ``(ii) Exception for emergency situations.--Clause (i) shall not apply to a search for communications related to a particular United States person if-- ``(I) such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order; ``(II) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or ``(III) such United States person has consented to the search.''. (b) Conforming Amendments.--Section 309(b)(3)(A) is amended by striking ``subparagraph (B).'' and inserting ``subparagraphs (B) and (C).''. SEC. 4. PROHIBITION ON DATA SECURITY VULNERABILITY MANDATES. (a) In General.--Except as provided in subsection (b), no agency may mandate or request that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency. (b) Exception.--Subsection (a) shall not apply to mandates authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.). (c) Definitions.--In this section-- (1) the term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code; and (2) the term ``covered product'' means any computer hardware, computer software, or electronic device that is made available to the general public.

End Warrantless Surveillance of Americans Act Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) and the Intelligence Authorization Act for Fiscal Year 2015 to prohibit federal officers or employees from searching for a particular U.S. person (other than a corporation) in: (1) a collection of communications acquired under an authorization by the Attorney General and the Director of National Intelligence to target persons located outside the United States; or (2) nonpublic telephone or electronic communications, including communications in electronic storage, retained in an intelligence collection activity not authorized by court order, subpoena, or similar legal process that is reasonably anticipated to result in the acquisition of communications to or from a U.S. person without the consent of a party to the communication. Provides exceptions that allow searches of such communications for a particular U.S. person if: (1) the U.S. person is the subject of certain orders or emergency authorizations for electronic surveillance or physical search under FISA or the federal criminal code for the effective period of that order, (2) the life or safety of such U.S. person is threatened and the information is sought for the purpose of assisting that person, or (3) the U.S. person consents. Prohibits a federal agency from requiring or requesting a manufacturer, developer, or seller of any computer hardware, software, or electronic device made available to the general public to design or alter the security functions in such products to allow the surveillance of any user or the physical search of such product by any agency. Exempts from such prohibition products used by law enforcement agencies for electronic surveillance as authorized under the Communications Assistance for Law Enforcement Act.

End Warrantless Surveillance of Americans Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Corps of Engineers Reform Act of 2000''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definition of Secretary. TITLE I--PROJECT PLANNING Sec. 101. Independent review. Sec. 102. Stakeholder involvement. Sec. 103. Monitoring. Sec. 104. Recommendations. Sec. 105. Principles and guidelines. Sec. 106. Environmental Advisory Board. TITLE II--MITIGATION Sec. 201. Full mitigation. Sec. 202. Concurrent mitigation. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Army Corps of Engineers is the primary Federal agency responsible for developing and managing the Nation's harbors, waterways, shorelines, and water resources. (2) Scarce Federal resources require more efficient use of Corps of Engineers funding and greater oversight of Corps of Engineers analyses. (3) Demand for recreation, clean water, and healthy wildlife habitat must be reflected in the Corps of Engineers project planning process. (4) The social and environmental impacts of dams, levees, shoreline stabilization structures, and other projects must be adequately mitigated. (5) Affected interests must play a larger role in Corps of Engineers project development. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure that the Nation's water resources investments are economically justified and enhance the environment. (2) To provide independent review of Corps of Engineers feasibility studies. (3) To ensure that mitigation for Corps of Engineers projects is successful and cost-effective. (4) To enhance the involvement of affected interests in Corps of Engineers feasibility studies. (5) To revise Corps of Engineers planning principles to meet the economic and environmental needs of riverside and coastal communities. SEC. 3. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of the Army. TITLE I--PROJECT PLANNING SEC. 101. INDEPENDENT REVIEW. Title IX of the Water Resources Development Act of 1986 (100 Stat. 4183 et seq.) is amended by adding at the end the following: ``SEC. 952. INDEPENDENT REVIEW. ``(a) Projects Subject to Independent Review.--The Secretary shall ensure that feasibility reports for the following water resources projects are subject to review by an independent panel of experts established under this section: ``(1) Projects with an estimated total cost of more than $25,000,000, including mitigation costs. ``(2) Projects that are controversial, as described in subsection (f). ``(b) Office of Independent Review.-- ``(1) Establishment.--There is established in the Corps of Engineers an Office of Independent Review (in this section referred to as the `Office'). ``(2) Director.-- ``(A) Appointment.--The head of the Office shall be the Director of the Office of Independent Review (in this section referred to as the `Director'), who shall be appointed by the Secretary for a term of 3 years. ``(B) Qualifications.--The Secretary shall select the Director from among individuals who are distinguished scholars. ``(C) Terms.--An individual may not serve for more than 1 term as the Director. ``(3) Duties.--The Director shall establish a panel of experts to review each project subject to review under subsection (a). ``(c) Establishment of Panels.-- ``(1) Membership.--A panel of experts established by the Director for a project shall be composed of not less than 5 and not more than 9 independent experts who represent a balance of areas of expertise, including biologists, engineers, and economists. ``(2) Limitation on appointments.--The Director shall not appoint an individual to serve on a panel of experts for a project if the individual has a financial or close professional association with any organization or group with a strong financial or organizational interest in the project. ``(3) Consultation.--The Director shall consult with the National Academy of Sciences in developing lists of individuals to serve on panels of experts under this section. ``(4) Compensation.--An individual serving on a panel of experts under this section shall be compensated at a rate of pay to be determined by the Secretary. ``(5) Travel expenses.--An individual serving on a panel of experts under this section shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(d) Duties of Panels.--A panel of experts established for a project under this section shall-- ``(1) review the feasibility report prepared for the project after the identification of a preferred alternative; ``(2) receive written and oral comments of a technical nature concerning the project from the public; and ``(3) submit to the Secretary a report containing the panel's economic, engineering, and environmental analyses of the project, including the panel's conclusions on the feasibility report, with particular emphasis on areas of public controversy. ``(e) Duration of Project Reviews.--A panel of experts shall complete its review of a project under this section not later than 180 days after the date of establishment of the panel. ``(f) Controversial Projects.--For purposes of subsection (a), a project shall be considered to be a controversial project if-- ``(1) the Secretary determines that the project is subject to a substantial degree of public controversy; ``(2) the affected State objects to the project; or ``(3) pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the United States Fish and Wildlife Service determines that the project is likely to have a significant adverse effect on fish and wildlife after taking into account any proposed mitigation plan. ``(g) Recommendations of Panel.--After receiving a report on a project from a panel of experts under this section, the Secretary shall-- ``(1) consider any recommendations contained in the report; ``(2) make the report available for public review; and ``(3) include a copy of the report in any report transmitted to Congress concerning the project. ``(h) Costs.--The cost of conducting a review of a project under this section shall not exceed $250,000 and shall be considered as part of the total cost of the project. The Secretary may waive the $250,000 limitation in the preceding sentence for good cause.''. SEC. 102. STAKEHOLDER INVOLVEMENT. (a) In General.--Section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) is amended by adding at the end the following: ``(e) Stakeholder Advisory Group.-- ``(1) In general.--The Secretary shall establish a stakeholder advisory group to assist the Secretary with the development of each feasibility study under subsection (a) and to enhance public participation in the feasibility study. ``(2) Membership.--The membership of the advisory group shall include balanced representation of social, economic, and environmental interest groups. ``(3) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (15 U.S.C. App.) shall apply to the advisory group.''. SEC. 103. MONITORING. Title IX of the Water Resources Development Act of 1986 (100 Stat. 4183 et seq.) is further amended by adding at the end the following: ``SEC. 953. MONITORING. ``The Secretary shall monitor the economic and environmental results (including the results of mitigation) of each water resources project with an estimated total cost of more than $25,000,000, for a period of not less than 15 years, and shall provide annual reports to Congress on the performance of the project. The cost of such monitoring shall be a Federal expense.''. SEC. 104. RECOMMENDATIONS. Title IX of the Water Resources Development Act of 1986 (100 Stat. 4183 et seq.) is further amended by adding at the end the following: ``SEC. 954. RECOMMENDATIONS. ``The Secretary shall not recommend an initial recommended plan for a proposed project until all project costs, including mitigation costs, have been calculated.''. SEC. 105. PRINCIPLES AND GUIDELINES. Section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) is amended to read as follows: ``SEC. 209. CONGRESSIONAL STATEMENT OF OBJECTIVES. ``(a) In General.--It is the intent of Congress that economic development and environmental protection and restoration be co-equal goals of water resources planning and development. ``(b) Revision of Principles and Guidelines.--The Secretary shall revise the principles and guidelines for flood control projects-- ``(1) to incorporate-- ``(A) a national ecological restoration account; ``(B) a national economic development account; and ``(C) an optimum trade-off plan to maximize the benefits of the accounts; ``(2) to incorporate new techniques in risk and uncertainty analysis; ``(3) to eliminate biases and disincentives for nonstructural flood damage reduction projects; ``(4) to incorporate new analytical techniques; and ``(5) to encourage, to the maximum extent practicable, the restoration of aquatic ecosystems. ``(c) Update of Guidance.--The Secretary shall update the Guidance for Conducting Civil Works Planning Studies (ER 1105-2-100) to comply with this section.''. SEC. 106. ENVIRONMENTAL ADVISORY BOARD. Section 905(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2282(b)) is amended-- (1) by striking ``(b) Before initiating'' and inserting the following: ``(b) Reconnaissance Studies.-- ``(1) In general.--Before initiating''; (2) by adding at the end the following: ``(2) Review by environmental advisory board.--The Environmental Advisory Board of the Corps of Engineers shall review all reconnaissance studies performed under this subsection to assess whether a proposed project is likely to have environmental impacts that cannot be successfully or cost- effectively mitigated and shall make recommendations to the Secretary based on the review. The Secretary shall consider the recommendations of the Environmental Advisory Board on a project before recommending that a feasibility study be conducted for the project based on a reconnaissance report.''; and (3) by aligning the remainder of the text of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection). TITLE II--MITIGATION SEC. 201. FULL MITIGATION. Section 906(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(a)) is amended-- (1) by striking ``(d) After the date'' and inserting the following: ``(d) Mitigation Plans as Part of Project Proposals.-- ``(1) In general.--After the date''; (2) in the first sentence of paragraph (1) (as so designated) by inserting ``fully'' before ``mitigate''; (3) by adding at the end the following: ``(2) Standards for mitigation.--To mitigate losses to fish and wildlife resulting from a water resources project, the Secretary shall meet the highest standards typically required of private parties under related Federal programs and shall, at a minimum, acquire and restore an acre of habitat to replace each acre of habitat negatively impacted by the project. If the project negatively impact resources other than aquatic and terrestrial habitat, the Secretary shall take steps to ensure that impacted resources, such as fish killed by vessels, are replaced on at least a one-to-one basis. ``(3) Design of mitigation projects.--The Secretary shall design mitigation projects to reflect contemporary understanding of the importance of spatial distribution of habitat and the natural hydrology of aquatic ecosystems, and shall fully mitigate the adverse hydrologic impacts of projects. ``(4) Recommendation of projects.--The Secretary shall not recommend a water resources project alternative or choose a project alternative in any final record of decision, environmental impact statement, or environmental assessment completed after the date of enactment of this paragraph unless the Secretary determines that the mitigation plan for the alternative will cost-effectively and successfully mitigate the adverse impacts of the project on aquatic resources and fish and wildlife. ``(5) Completion of mitigation before construction of new projects.--The Secretary shall complete all planned mitigation in a particular watershed before constructing any new water resources project in that watershed.''; and (4) by aligning the remainder of the text of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraphs (2) through (5) (as added by paragraph (3) of this subsection). SEC. 202. CONCURRENT MITIGATION. Section 906(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(a)(1)) is amended by adding at the end the following: ``To ensure concurrent mitigation, the Secretary shall complete 50 percent of required mitigation before beginning project construction, and shall use a proportionate amount of project construction funding to complete the required mitigation.''.

Establishes in the Army Corps of Engineers an Office of Independent Review to review the projects covered under this title. Defines as controversial projects those which: (1) are subject to a substantial degree of public controversy; (2) the affected State objects to; or (3) the U.S. Fish and Wildlife Service determines are likely to have a significant adverse effect on fish and wildlife after taking into account any proposed mitigation plan. Limits to $250,000 the cost of a review, authorizing the Secretary to waive such limit for good cause shown. (Sec. 102) Directs the Secretary to establish a stakeholder advisory group to assist the Secretary with the development of each feasibility study under this title and to enhance public participation in such study. (Sec. 103) Directs the Secretary to monitor the economic and environmental results of each project having an estimated total cost of more than $25 million and to report annually to Congress on such project's performance. (Sec. 104) Prohibits the Secretary from recommending a plan for a proposed project until all project costs, including mitigation, have been calculated. (Sec. 105) Directs the Secretary to revise the principles and guidelines for flood control projects to: (1) incorporate a national ecological restoration account, a national economic development account, and an optimum trade-off plan to maximize account benefits; (2) incorporate new techniques in risk and uncertainty analysis; (3) eliminate biases and disincentives for nonstructural flood damage projects; (4) incorporate new analytical techniques; and (5) encourage the restoration of aquatic ecosystems. (Sec. 106) Requires the Corp's Environmental Advisory Board to review all water resource reconnaissance studies to assess whether a proposed project is likely to have environmental impacts that cannot be successfully mitigated and to make recommendations to the Secretary based on such review. Title II: Mitigation - Requires the submission of a plan which will fully mitigate (currently, only mitigate) fish and wildlife losses created by a project before the Secretary may propose the authorization of such project to Congress. Directs the Secretary, in such mitigation, to meet the highest standards typically required of private parties under related Federal programs and to acquire and restore at least an acre of habitat to replace each acre negatively impacted by the project. Prohibits the Secretary from recommending a project alternative unless the Secretary determines that the mitigation plan for the alternative project will cost-effectively and successfully mitigate all adverse impacts of such project on aquatic resources and fish and wildlife. Requires the Secretary to complete all planned mitigation in a particular watershed before constructing any new project in that watershed. (Sec. 202) Requires the Secretary, to ensure concurrent mitigation, to complete 50 percent of all required project mitigation before beginning project construction and to use a proportionate amount of project funding to complete such mitigation.

Corps of Engineers Reform Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Liability Protection Act''. SEC. 2. SMALL BUSINESS LIABILITY RELIEF. (a) Exemptions.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following new subsections: ``(o) De Micromis Exemption.-- ``(1) In general.--Except as provided in paragraph (2), a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under this Act if liability is based solely on paragraph (3) or (4) of subsection (a), and the person, except as provided in paragraph (4) of this subsection, can demonstrate that-- ``(A) the total amount of the material containing hazardous substances that the person arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, at the facility was less than 110 gallons of liquid materials or less than 200 pounds of solid materials (or such greater or lesser amounts as the Administrator may determine by regulation); and ``(B) all or part of the disposal, treatment, or transport concerned occurred before April 1, 2001. ``(2) Exceptions.--Paragraph (1) shall not apply in a case in which-- ``(A) the President determines that-- ``(i) the materials containing hazardous substances referred to in paragraph (1) have contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; or ``(ii) the person has failed to comply with an information request or administrative subpoena issued by the President under this Act or has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility; or ``(B) a person has been convicted of a criminal violation for the conduct to which the exemption would apply, and that conviction has not been vitiated on appeal or otherwise. ``(3) No judicial review.--A determination by the President under paragraph (2)(A) shall not be subject to judicial review. ``(4) Nongovernmental third-party contribution actions.--In the case of a contribution action, with respect to response costs at a facility on the National Priorities List, brought by a party, other than a Federal, State, or local government, under this Act, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraph (1)(A) and (B) of this subsection are not met. ``(p) Municipal Solid Waste Exemption.-- ``(1) In general.--Except as provided in paragraph (2) of this subsection, a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under paragraph (3) of subsection (a) for municipal solid waste disposed of at a facility if the person, except as provided in paragraph (5) of this subsection, can demonstrate that the person is-- ``(A) an owner, operator, or lessee of residential property from which all of the person's municipal solid waste was generated with respect to the facility; ``(B) a business entity (including a parent, subsidiary, or affiliate of the entity) that, during its 3 taxable years preceding the date of transmittal of written notification from the President of its potential liability under this section, employed on average not more than 100 full-time individuals, or the equivalent thereof, and that is a small business concern (within the meaning of the Small Business Act (15 U.S.C. 631 et seq.)) from which was generated all of the municipal solid waste attributable to the entity with respect to the facility; or ``(C) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that, during its taxable year preceding the date of transmittal of written notification from the President of its potential liability under this section, employed not more than 100 paid individuals at the location from which was generated all of the municipal solid waste attributable to the organization with respect to the facility. For purposes of this subsection, the term `affiliate' has the meaning of that term provided in the definition of `small business concern' in regulations promulgated by the Small Business Administration in accordance with the Small Business Act (15 U.S.C. 631 et seq.). ``(2) Exception.--Paragraph (1) shall not apply in a case in which the President determines that-- ``(A) the municipal solid waste referred to in paragraph (1) has contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; ``(B) the person has failed to comply with an information request or administrative subpoena issued by the President under this Act; or ``(C) the person has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility. ``(3) No judicial review.--A determination by the President under paragraph (2) shall not be subject to judicial review. ``(4) Definition of municipal solid waste.-- ``(A) In general.--For purposes of this subsection, the term `municipal solid waste' means waste material-- ``(i) generated by a household (including a single or multifamily residence); and ``(ii) generated by a commercial, industrial, or institutional entity, to the extent that the waste material-- ``(I) is essentially the same as waste normally generated by a household; ``(II) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste collection services; and ``(III) contains a relative quantity of hazardous substances no greater than the relative quantity of hazardous substances contained in waste material generated by a typical single- family household. ``(B) Examples.--Examples of municipal solid waste under subparagraph (A) include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, elementary or secondary school science laboratory waste, and household hazardous waste. ``(C) Exclusions.--The term `municipal solid waste' does not include-- ``(i) combustion ash generated by resource recovery facilities or municipal incinerators; or ``(ii) waste material from manufacturing or processing operations (including pollution control operations) that is not essentially the same as waste normally generated by households. ``(5) Burden of proof.--In the case of an action, with respect to response costs at a facility on the National Priorities List, brought under section 107 or 113 by-- ``(A) a party, other than a Federal, State, or local government, with respect to municipal solid waste disposed of on or after April 1, 2001; or ``(B) any party with respect to municipal solid waste disposed of before April 1, 2001, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraphs (1) and (4) for exemption for entities and organizations described in paragraph (1)(B) and (C) are not met. ``(6) Certain actions not permitted.--No contribution action may be brought by a party, other than a Federal, State, or local government, under this Act with respect to circumstances described in paragraph (1)(A). ``(7) Costs and fees.--A nongovernmental entity that commences, after the date of the enactment of this subsection, a contribution action under this Act shall be liable to the defendant for all reasonable costs of defending the action, including all reasonable attorney's fees and expert witness fees, if the defendant is not liable for contribution based on an exemption under this subsection or subsection (o).''. (b) Expedited Settlement.--Section 122(g) of such Act (42 U.S.C. 9622(g)) is amended by adding at the end the following new paragraphs: ``(7) Reduction in settlement amount based on limited ability to pay.-- ``(A) In general.--The condition for settlement under this paragraph is that the potentially responsible party is a person who demonstrates to the President an inability or a limited ability to pay response costs. ``(B) Considerations.--In determining whether or not a demonstration is made under subparagraph (A) by a person, the President shall take into consideration the ability of the person to pay response costs and still maintain its basic business operations, including consideration of the overall financial condition of the person and demonstrable constraints on the ability of the person to raise revenues. ``(C) Information.--A person requesting settlement under this paragraph shall promptly provide the President with all relevant information needed to determine the ability of the person to pay response costs. ``(D) Alternative payment methods.--If the President determines that a person is unable to pay its total settlement amount at the time of settlement, the President shall consider such alternative payment methods as may be necessary or appropriate. ``(8) Additional conditions for expedited settlements.-- ``(A) Waiver of claims.--The President shall require, as a condition for settlement under this subsection, that a potentially responsible party waive all of the claims (including a claim for contribution under this Act) that the party may have against other potentially responsible parties for response costs incurred with respect to the facility, unless the President determines that requiring a waiver would be unjust. ``(B) Failure to comply.--The President may decline to offer a settlement to a potentially responsible party under this subsection if the President determines that the potentially responsible party has failed to comply with any request for access or information or an administrative subpoena issued by the President under this Act or has impeded or is impeding, through action or inaction, the performance of a response action with respect to the facility. ``(C) Responsibility to provide information and access.--A potentially responsible party that enters into a settlement under this subsection shall not be relieved of the responsibility to provide any information or access requested in accordance with subsection (e)(3)(B) or section 104(e). ``(9) Basis of determination.--If the President determines that a potentially responsible party is not eligible for settlement under this subsection, the President shall provide the reasons for the determination in writing to the potentially responsible party that requested a settlement under this subsection. ``(10) Notification.--As soon as practicable after receipt of sufficient information to make a determination, the President shall notify any person that the President determines is eligible under paragraph (1) of the person's eligibility for an expedited settlement. ``(11) No judicial review.--A determination by the President under paragraph (7), (8), (9), or (10) shall not be subject to judicial review. ``(12) Notice of settlement.--After a settlement under this subsection becomes final with respect to a facility, the President shall promptly notify potentially responsible parties at the facility that have not resolved their liability to the United States of the settlement.''. SEC. 3. EFFECT ON CONCLUDED ACTIONS. The amendments made by this Act shall not apply to or in any way affect any settlement lodged in, or judgment issued by, a United States District Court, or any administrative settlement or order entered into or issued by the United States or any State, before the date of the enactment of this Act. Passed the House of Representatives May 22, 2001. Attest: JEFF TRANDAHL, Clerk.

Small Business Liability Protection Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide (with exceptions) that persons shall be liable for response costs at a National Priorities List (NPL) facility as non-owners or operators only if the total of material containing a hazardous substance that the business arranged for disposal, transport, or treatment of, or accepted for transport, was greater than 110 gallons of liquid material or 200 pounds of solid material. Applies this exemption only to activities taking place before April 1, 2001.Exempts a person from liability for response costs (with exceptions) at a NPL facility for municipal solid waste (MSW) as a non-owner or operator if the person is an owner, operator, or lessee of residential property from which all of the person's MSW was generated, or a certain small business or small charitable tax-exempt organization that generated all its MSW, with respect to the facility concerned.Makes nongovernmental entities that commence a contribution action liable to the defendant for all reasonable costs of defending the action if the defendant is not liable based on the above-described exemptions.Adds to the list of parties eligible for de minimis final settlements certain persons and businesses that demonstrate an inability or limited ability to pay response costs.Revises conditions of eligibility for such settlements for de minimis parties, including waiver of all claims that the party may have against other potentially responsible parties for response costs incurred with respect to the facility, unless the President determines that requiring a waiver would be unjust.

To provide certain relief for small businesses from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flushing Remonstrance Study Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Dutch involvement in North America started with Henry Hudson's 1609 voyage on the ship, Half Moon, employed by the Dutch East India Company. (2) After 1640, New Netherland gradually began to transform from a chain of trading posts into a settlement colony. (3) As Dutch and English settlers moved closer to one another, they began to assimilate in what would later become Queens County. (4) The Dutch and English settlements had not been without conflict. Although the Dutch Republic was well known for its toleration of other faiths, Director General Peter Stuyvesant and his council thought that liberty of worship should not be granted to Quakers. (5) When Quakers began to arrive in Flushing, the colonial government issued an ordinance that formally banned the practice of all religions outside of the Dutch Reformed Church. (6) On December 27, 1657, 30 Flushing residents signed what was later called the Flushing Remonstrance, objecting to this order. None of the remonstrance's authors were Quakers. (7) Dutch colonial authorities proceeded to arrest the signers of the Flushing Remonstrance. In 1662, John Bowne defied the ban and allowed Quakers to hold services in his house. Bowne was fined and banished to the Dutch Republic for showing contempt for secular authority. (8) Bowne was later exonerated after appealing to the guarantees of religious liberty before the Dutch West India Company and returned to Flushing in 1664. The colony later fell to British control on September 24, 1664. (9) The Flushing Remonstrance is now considered by many to be instrumental in the development of religious liberty in the United States and a precursor to the First Amendment to the United States Constitution. (10) In 1957, the United States Postal Service released a 3-cent postage stamp commemorating the 300th Anniversary of the signing of the Flushing Remonstrance which read, ``Religious Freedom in America''. (11) Queens remained rural and agricultural through the 18th and 19th Centuries. Although its Dutch identity diminished, the tolerance of diversity that has harbored Quakers and other religious sects in the Dutch Colonial period continues to this day. Queens is the most ethnically diverse urban area in the world, with a population of over 2,200,000 representing over 100 different nations and speaking over 138 different languages. SEC. 3. DEFINITIONS. As used in this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the John Bowne House located at 3701 Bowne Street, Queens, New York, the Friends Meeting House located at 137-17 Northern Boulevard, Queens, New York, and other resources in the vicinity of Flushing related to the history of religious freedom during the era of the signing of the Flushing Remonstrance. SEC. 4. SPECIAL RESOURCE STUDY. (a) Study.--The Secretary shall conduct a special resource study of the study area. (b) Contents.--In conducting the study under subsection (a), the Secretary shall-- (1) evaluate the national significance of the study area's resources based on their relationship to the history of religious freedom associated with the signing of the Flushing Remonstrance; (2) determine the suitability and feasibility of designating resources within the study area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the study area by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) identify properties related to the John Bowne House that could potentially meet criteria for designation as a National Historic Landmark; (5) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; (6) evaluate the impact of the proposed action on the flow of commerce and commercial activity, job opportunities, and any adverse economic effects that could not be avoided if the proposal is implemented; (7) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives; (8) analyze the effect of the designation of the study area as a unit of the National Park System on-- (A) existing recreational activities, and on the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; and (B) the authority of State and local governments to manage those activities; and (9) identify any authorities, including condemnation, that will compel or permit the Secretary to influence or participate in local land use decisions (such as zoning) or place restrictions on non-Federal lands if the study area is designated a unit of the National Park System. (c) Notification of Private Property Owners.--Upon the commencement of the study, owners of private property in or adjacent to the study area shall be notified of the study's commencement and scope. (d) Applicable Law.--The study required under subsection (a) shall be conducted in accordance with section 8(c)) of the National Park System General Authorities Act (16 U.S.C. 1a-5(c)). (e) Report.--Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study and any conclusions and recommendations of the Secretary. Passed the House of Representatives September 15, 2014. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on April 1, 2014. Flushing Remonstrance Study Act - Directs the Secretary of the Interior to conduct a special resource study of the John Bowne House in Queens, New York, the Friends Meeting House at 137-17 Northern Boulevard, Queens, and other resources in the vicinity of Flushing related to the history of religious freedom during the era of the 1657 signing of the Flushing Remonstrance (the study area). Requires the Secretary to: (1) evaluate the national significance of the study area's resources; (2) determine the suitability and feasibility of designating resources within the study area as a unit of the National Park System (NPS); (3) identify properties related to the John Bowne House that could potentially meet criteria for designation as a National Historic Landmark; (4) evaluate the impact of the proposed action on the flow of commerce and commercial activity, job opportunities, and any adverse economic effects that could not be avoided if the proposal is implemented; (5) analyze the effect of the designation of the study area as an NPS unit on existing recreational activities, and on the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure, and the authority of state and local governments to manage those activities; and (6) identify any authorities, including condemnation, that will compel or permit the Secretary to influence or participate in local land use decisions (such as zoning) or place restrictions on non-federal lands if the study area is designated as an NPS unit. Requires the owners of private property in or adjacent to the study area to be notified of such study's commencement and scope.

Flushing Remonstrance Study Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Divide Elimination Act of 2001''. SEC. 2. CREDIT FOR PURCHASE OF COMPUTERS BY LOW-INCOME INDIVIDUALS. (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. PURCHASE OF COMPUTERS BY LOW-INCOME INDIVIDUALS. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the amount paid by the taxpayer for qualified computer technology or equipment. ``(b) Dollar Limitation.--The credit allowed by subsection (a) for any taxable year shall not exceed $500. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any taxpayer who is allowed a credit under section 32 (relating to earned income credit) for the taxable year. ``(2) Qualified computer technology or equipment.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified computer technology or equipment' means any computer technology or equipment (as defined in section 170(e)(6)) acquired by purchase (as defined in section 170(d)(2)). ``(B) Exceptions.-- ``(i) Certain software excluded.--Such term shall not include game software or any other software which is not necessary for-- ``(I) use of the computer for access and use of the Internet (including email), or ``(II) business or educational use. ``(ii) Computer must be capable of internet access.--Such term shall not include any computer which does not have a modem or other equipment capable of supporting Internet access.'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 35. Purchase of computers by low- income individuals. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. EXTENSION AND EXPANSION OF ENHANCED DEDUCTION FOR CHARITABLE CONTRIBUTIONS OF COMPUTERS. (a) Extension.--Subparagraph (G) of section 170(e)(6) of the Internal Revenue Code of 1986 (relating to special rule for contributions of computer technology and equipment for elementary or secondary school purposes) is amended by striking ``December 31, 2003'' and inserting ``June 30, 2004''. (b) Expansion.--Paragraph (6) of section 170(e) of such Code is amended by redesignating subparagraphs (C), (D), (E), (F) and (G) as subparagraphs (D), (E), (F), (G), and (H), respectively, and by striking all that precedes subparagraph (D) (as so redesignated) and inserting the following: ``(6) Special rule for contributions of computer technology and equipment.-- ``(A) In general.--The amount of any qualified computer contribution which is taken into account under this section shall be the greater of-- ``(i) the amount determined without regard to paragraph (1), or ``(ii) the amount determined with regard to paragraph (1). ``(B) Qualified computer contribution.--For purposes of this paragraph, the term `qualified computer contribution' means a charitable contribution by a corporation of any computer technology or equipment, but only if-- ``(i) the contribution is to a qualified organization, ``(ii) the contribution is made not later than 3 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) the original use of the property is by the donor or the donee, ``(iv) substantially all of the use of the property by the donee is for use within the United States and, in the case of a qualified educational organization, for educational purposes that are related to the purpose or function of the organization, ``(v) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, ``(vi) in the case of a qualified educational organization, the property will fit productively into the entity's education plan, ``(vii) the entity's use and disposition of the property will be in accordance with the provisions of clauses (iv) and (v), and ``(viii) the property meets such standards, if any, as the Secretary may prescribe by regulation to assure that the property meets minimum functionality and suitability standards for educational purposes. ``(C) Qualified organization.--For purposes of this paragraph-- ``(i) In general.--The term `qualified organization' means-- ``(I) any qualified educational organization, ``(II) a public library (within the meaning of section 213(2)(A) of the Library Services and Technology Act (20 U.S.C. 9122(2)(A)), as in effect on the date of the enactment of the Community Renewal Tax Relief Act of 2000, established and maintained by an entity described in subsection (c)(1) or located in an area which is an empowerment zone, enterprise community, or a high-poverty area (as determined by the Secretary), ``(III) any technology center located in such an area, and ``(IV) any entity described in section 501(c)(3) and exempt from tax under section 501(a) that is organized primarily for purposes of providing computers without charge to lower income families. ``(ii) Qualified educational organization.--For purposes of clause (i), the term `qualified educational organization' means-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), and ``(II) an entity described in section 501(c)(3) and exempt from tax under section 501(a) (other than an entity described in subclause (I)) that is organized primarily for purposes of supporting elementary and secondary education.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Digital Divide Elimination Act of 2001 - Amends the Internal Revenue Code to allow a tax credit for qualified computer technology or equipment equal to 50 percent of the amount paid for it (up to $500) by any taxpayer allowed an earned income credit.Extends from December 31, 2003, through June 30, 2004, the current enhanced deduction from gross income for charitable contributions of computers for elementary or secondary school purposes. Prescribes a special rule for contributions of computer technology and equipment to a qualified organization made within three years after the taxpayer acquired or constructed the property, if: (1) the property's original use is by the donor or the donee; (2) substantially all of the property's use by the donee is within the United States and, in the case of a qualified educational organization, for educational purposes related to the organization's purpose or function; (3) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation, and transfer costs; and (4) other specified requirements are met.

To amend the Internal Revenue Code of 1986 to extend and expand the enhanced deduction for charitable contributions of computers to provide greater public access to computers, including access by the poor.

SECTION 1. NEXT GENERATION LIGHTING INITIATIVE. (a) Definitions.--In this section: (1) Consortium.--The term ``consortium'' means the consortium selected by the Secretary under subsection (d)(1). (2) Initiative.--The term ``Initiative'' means the Next Generation Lighting Initiative carried out under subsection (b). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) General Authority.--The Secretary shall carry out a program, to be known as the ``Next Generation Lighting Initiative'', to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes. (c) Objectives.--The objectives of the Initiative shall be-- (1) to develop, by 2012, advanced solid-state lighting technologies based on white light emitting diodes that, compared to incandescent and fluorescent lighting technologies, are-- (A) longer lasting; (B) more energy-efficient; and (C) cost-competitive; (2) to develop an inorganic white light emitting diode that has an efficiency of 160 lumens per watt and a 10-year lifetime; and (3) to develop an organic white light emitting diode with an efficiency of 100 lumens per watt with a 5-year lifetime that-- (A) illuminates over a full color spectrum; (B) covers large areas over flexible surfaces; and (C) does not contain harmful pollutants (such as mercury) that are typical of fluorescent lamps. (d) Fundamental Research.-- (1) Consortium.--The Secretary shall carry out the fundamental research activities of the Initiative through a private consortium (which may include private firms, trade associations and institutions of higher education), which the Secretary shall select through a competitive process. (2) Submission of information.--Each proposed consortium shall submit to the Secretary such information as the Secretary may require, including a program plan agreed to by all participants of the consortium. (3) Joint venture.--The consortium shall be structured as a joint venture among the participants of the consortium. (4) Governing council.--The Secretary shall serve on the governing council of the consortium. (5) Eligibility.--To be eligible for a grant under paragraph (6), an applicant shall be broadly representative of United States solid-state lighting research, development, and manufacturing expertise. (6) Grants.-- (A) In general.--The Secretary shall award grants for fundamental research to the consortium, which the consortium may disburse to researchers, including researchers that are not participants in the consortium. (B) Submission.--To receive a grant, the consortium shall submit to the Secretary a description of the proposed research and a list of the persons that will receive funding. (C) Cost-sharing.--Grants shall be matched by the consortium in accordance with subsection (h). (7) National laboratories.--National Laboratories may participate in the research under this section and receive funds from the consortium. (8) Intellectual property.--Participants in the consortium and the Federal Government shall have royalty-free nonexclusive rights to use intellectual property derived from research funded under this subsection. (e) Development, Demonstration, and Commercial Application.-- (1) In general.--The Secretary shall carry out the development, demonstration, and commercial application activities of the Initiative through awards to private firms, trade associations, and institutions of higher education. (2) Preference.--In selecting awardees, the Secretary shall give preference to members of the consortium. (f) Plans and Assessments.-- (1) In general.--The consortium shall formulate an annual operating plan which shall include research priorities, technical milestones, and plans for technology transfer, and which shall be subject to approval by the Secretary. (2) Review.-- (A) In general.--The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Initiative. (B) Duties.--The Academy shall review the research priorities, technical milestones, and plans for technology transfer established under paragraph (1) and evaluate the progress toward achieving them. (C) Consideration of results.--The Secretary shall consider the results of the reviews in evaluating the plans submitted under paragraph (1). (g) Audit.-- (1) In general.--The Secretary shall retain an independent, commercial auditor to perform an audit of the consortium to determine the extent to which the funds authorized by this section have been expended in a manner consistent with this section. (2) Report.-- (A) To the secretary.--The auditor shall annually submit to the Secretary a report describing the results of the audit under paragraph (1). (B) To congress.--The Secretary shall transmit to Congress a copy of each report submitted under subparagraph (A), including a plan to remedy any deficiencies noted in the report. (h) Cost Sharing.-- (1) Research and development.-- (A) In general.--For research and development programs carried out under this section, the Secretary shall require a commitment from non-Federal sources of at least 20 percent of the cost of the project. (B) Reduction or waiver.--The Secretary may reduce or waive the non-Federal requirement under this subsection if the Secretary determines that the research and development is of a basic or fundamental nature. (2) Demonstration and commercial application.-- (A) In general.--The Secretary shall require at least 50 percent of the costs directly and specifically related to any demonstration or commercial application project under this section to be provided from non- Federal sources. (B) Reduction.--The Secretary may reduce the non- Federal requirement under this subsection if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project and is necessary to meet the objectives of this title. (3) Calculation of amount.--In calculating the amount of the non-Federal commitment under paragraph (1) or (2), the Secretary may include personnel, services, equipment, and other resources. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $10,000,000 for fiscal year 2004; and (2) $50,000,000 for each of fiscal years 2005 through 2013. (j) Termination of Initiative.--The Secretary shall terminate the Initiative not later than September 30, 2013.

Next Generation Lighting Initiative Act - Directs the Secretary of Energy to implement: (1) the Next Generation Lighting Initiative to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes; (2) fundamental research activities of the Initiative through a private consortium (which may include private firms, trade associations and institutions of higher education), selected through a competitive process; and (3) development, demonstration, and commercial application activities of the Initiative through awards to private firms, trade associations, and institutions of higher education.

A bill to direct the Secretary of Energy to carry out a Next Generation Lighting Initiative.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine for Regulatory Decrees and Settlements Act of 2017''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``agency'' and ``agency action'' have the meanings given those terms under section 551 of title 5, United States Code; (2) the term ``covered civil action'' means a civil action-- (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; and (C) brought under-- (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action; (3) the term ``covered consent decree'' means-- (A) a consent decree entered into in a covered civil action; and (B) any other consent decree that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; (4) the term ``covered consent decree or settlement agreement'' means a covered consent decree and a covered settlement agreement; and (5) the term ``covered settlement agreement'' means-- (A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM. (a) Pleadings and Preliminary Matters.-- (1) In general.--In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. (2) Entry of a covered consent decree or settlement agreement.--A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention.-- (1) Rebuttable presumption.--In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person, the court shall presume, subject to rebuttal, that the interests of the person would not be represented adequately by the existing parties to the action. (2) State, local, and tribal governments.--In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a State, local, or tribal government, the court shall take due account of whether the movant-- (A) administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates; or (B) administers an authority under State, local, or tribal law that would be preempted by the regulatory action to which the action relates. (c) Settlement Negotiations.--Efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall-- (1) be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge, magistrate judge, or special master, as determined appropriate by the presiding judge; and (2) include any party that intervenes in the action. (d) Publication of and Comment on Covered Consent Decrees or Settlement Agreements.-- (1) In general.--Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online-- (A) the proposed covered consent decree or settlement agreement; and (B) a statement providing-- (i) the statutory basis for the covered consent decree or settlement agreement; and (ii) a description of the terms of the covered consent decree or settlement agreement, including whether it provides for the award of attorneys' fees or costs and, if so, the basis for including the award. (2) Public comment.-- (A) In general.--An agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph (1) on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments.--An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court.--When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall-- (i) inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms; (ii) submit to the court a summary of the comments received under subparagraph (A) and the response of the agency to the comments; (iii) submit to the court a certified index of the administrative record of the notice and comment proceeding; and (iv) make the administrative record described in clause (iii) fully accessible to the court. (D) Inclusion in record.--The court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court. (3) Public hearings permitted.-- (A) In general.--After providing notice in the Federal Register and online, an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement. (B) Record.--If an agency holds a public hearing under subparagraph (A)-- (i) the agency shall-- (I) submit to the court a summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines.--If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement, inform the court of-- (A) any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (A); and (C) why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest. (e) Submission by the Government.-- (1) In general.--For any proposed covered consent decree or settlement agreement that contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently by an agency, the head of the agency shall submit to the court a certification that the Attorney General or head of the agency approves the proposed covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms.--A term described in this paragraph is-- (A) in the case of a covered consent decree, a term that-- (i) converts into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (ii) commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (iv) divests an agency of discretion committed to the agency by statute or the Constitution of the United States, without regard to whether the discretion was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action; or (B) in the case of a covered settlement agreement, a term-- (i) that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; and (ii) that-- (I) interferes with the authority of an agency to revise, amend, or issue rules under the procedures set forth in chapter 5 of title 5, United States Code, or any other statute or Executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the Constitution of the United States to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties. (f) Review by Court.-- (1) Amicus.--A court considering a proposed covered consent decree or settlement agreement shall presume, subject to rebuttal, that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines.-- (A) Proposed covered consent decrees.--For a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements.--For a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (g) Annual Reports.--Each agency shall submit to Congress an annual report that, for the year covered by the report, includes-- (1) the number, identity, and content of covered civil actions brought against and covered consent decrees or settlement agreements entered against or into by the agency; and (2) a description of the statutory basis for-- (A) each covered consent decree or settlement agreement entered against or into by the agency; and (B) any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency. SEC. 4. MOTIONS TO MODIFY CONSENT DECREES. If an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered consent decree or settlement agreement de novo. SEC. 5. EFFECTIVE DATE. This Act shall apply to-- (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act.

Sunshine for Regulatory Decrees and Settlements Act of 2017 This bill establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. The bill sets forth requirements for: agencies against which such an action is brought to publish online, within 15 days after receipt, the notice of intent to sue and the complaint; courts to consider motions to intervene and allow amicus participation; and any settlement proceedings to include intervening parties and to be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge. Agencies seeking to enter such a consent decree or settlement agreement must: publish, and accept and respond to public comment on, the proposed agreement or decree for 60 days before filing it with the court; and make available to the court the administrative record and a summary of public comments and any public hearings. The Department of Justice, or an agency litigating a matter independently, must certify to the court its approval of such proposed: (1) consent decrees that include terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) settlement agreements that include terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interfere with the authority of an agency to revise, amend, or issue rules, or commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. Courts: (1) shall not approve such consent decrees or settlement agreements unless they allow sufficient time and procedures to comply with the Administrative Procedure Act, rulemaking statutes, and executive orders; and (2) shall grant de novo review if an agency files a motion to modify such a decree or agreement on the basis that its terms are no longer fully in the public interest due to changed facts and circumstances or the agency's obligations to fulfill other duties.

Sunshine for Regulatory Decrees and Settlements Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Welfare Act Amendments of 1996''. SEC. 2. DEFINITIONS. Subsection (f) of section 2 of the Animal Welfare Act (7 U.S.C. 2132(f)) is amended to read as follows: ``(f) The term `dealer'-- ``(1) means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, offers to buy, sells, or offers for sale, leases, offers to lease, negotiates the purchase, sale, or lease of, or transfers-- ``(A) any animal, whether alive or dead, for research, experimentation, teaching, exhibition, or use as a pet; ``(B) any dog for hunting or security purposes; or ``(C) any dog or cat for breeding purposes; ``(2) includes-- ``(A) operators of auction sales; and ``(B) any person who owns or leases premises which are used for trade days or flea markets at which the activities described in this subsection are conducted; and ``(3) does not include-- ``(A) any pound or shelter operated by or on behalf of a municipality; or ``(B) any governmental entity which sells or otherwise provides animals to any dealer or research facility;''. SEC. 3. LICENSING REQUIREMENTS. Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended to read as follows: ``Sec. 3. (a)(1) The Secretary shall issue licenses to dealers and exhibitors upon application therefor in such form and manner as the Secretary may prescribe and upon payment of any fee established pursuant to this Act. ``(2) No license shall be issued or renewed under this Act-- ``(A) until the dealer or exhibitor has demonstrated compliance with the regulations and standards promulgated by the Secretary pursuant to this Act; ``(B) to any person who has been convicted of, or entered a plea of nolo contendere or the equivalent thereto, to a charge of violating-- ``(i) any treaty, Federal, State, or local law involving the care or treatment of, or recordkeeping for, animals; ``(ii) the Marine Mammal Protection Act, the Endangered Species Act; or ``(iii) any treaty, Federal, State, or local law for the protection of endangered or threatened species; ``(C) to any person who has failed to pay a civil penalty which was previously assessed by the Secretary under this Act; or ``(D) to any person whose license is suspended. ``(b)(1) The Secretary may exempt persons described in paragraph (2) from licensing and other requirements under this Act, subject to such conditions as the Secretary may prescribe in regulations, if-- ``(A) in the judgment of the Secretary, such licensing or requirements would not tend to effectuate the policy of the Act; and ``(B) the activity of the dealer or exhibitor does not involve animals used for research purposes. ``(2) Persons who may be exempted from licensing and other requirements under paragraph (1) include-- ``(A) operators of retail pet stores (except retail pet stores which sell animals to research facilities, exhibitors, or dealers); ``(B) persons who sell wild or exotic animals, with respect to such wild or exotic animals; and ``(C) persons whose business activities as dealers or exhibitors are de minimis.''. SEC. 4. PROHIBITIONS. Section 4 of the Animal Welfare Act (7 U.S.C. 2134) is amended to read as follows: ``Sec. 4. Except as provided in subsection 3(b), no dealer or exhibitor shall sell, offer for sale, lease, offer for lease, transfer, transport, offer for transportation, acquire, buy, offer to buy, exhibit, or offer to exhibit any animal, or engage in any other business activity as a dealer or exhibitor, unless such dealer or exhibitor holds a current, unsuspended license issued by the Secretary under this Act.''. SEC. 5. REGULATIONS REGARDING AUCTION SALES; ACQUISITIONS BY RESEARCH FACILITIES; CONFORMING AMENDMENTS. (a) Section 12 of the Animal Welfare Act (7 U.S.C. 2142) is amended to read as follows: ``Sec. 12. The Secretary may promulgate humane standards and recordkeeping and reporting requirements governing the purchase, sale, or handling of animals by dealers, research facilities, exhibitors, or persons consigning animals to auction sales.''. (b) Section 5 of the Animal Welfare Act (7 U.S.C. 2135) is amended by deleting ``subject to section 12 of this Act''. (c) Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended-- (1) in the first sentence of subsection (b) by deleting ``or, operator of an auction sale subject to section 12 of this Act,'' and inserting ``or'' after ``handler,''; (2) in the first sentence of subsection (c) by deleting ``, or operator of an auction sale subject to section 12 of this Act,'' and inserting ``or'' after ``handler,''; and (3) in the first sentence of subsection (d) by deleting ``, exhibitor or operator of an auction sale subject to section 12 of this Act,'' and inserting ``or exhibitor'' after ``dealer''. SEC. 6. ENFORCEMENT. Subsection (a) of section 19 of the Animal Welfare Act (7 U.S.C. 2149(a)) is amended to read as follows: ``(a)(1) If the Secretary has reason to believe that any person licensed under this Act has violated or is violating any provision of this Act or the regulations or standards issued thereunder, the Secretary may suspend or refuse to renew such person's license for a period of up to 120 days, except as otherwise provided by this section. ``(2) When the Secretary temporarily suspends or refuses to renew a license under paragraph (1), the Secretary shall send written notice thereof to the licensee. Such notice shall specify-- ``(A) the nature, time, and place of the alleged violation; ``(B) that the licensee may request a hearing within 10 days of the receipt of the notice; ``(C) that, if, within 10 days of receipt of such notice, the licensee requests a hearing, the licensee is entitled to such hearing within 30 days of the suspension or refusal to renew; and ``(D) that if the licensee does not request a hearing within 10 days of receipt of such notice, the licensee forfeits the right to a hearing within such 30-day period, and the suspension or refusal to renew shall remain in effect until an administrative law judge has issued a decision and order regarding such suspension or refusal to renew. ``(3) An administrative law judge shall issue a decision and order within 30 days after the conclusion of a hearing held pursuant to this section. ``(4) If, after notice and opportunity for hearing, a licensee is determined to have violated a provision of this Act or the regulations or standards issued hereunder, the Secretary may issue an order-- ``(A) suspending or refusing to renew such license for such additional period as the Secretary may specify; or ``(B) revoking such license. ``(5) An order issued under paragraph (4) shall be effective pending the final determination of the Secretary.''. SEC. 7. INJUNCTIONS. Section 29(a) of the Animal Welfare Act (7 U.S.C. 2159(a)) is amended to read as follows: ``(a) Request.--(1) The Secretary shall notify the Attorney General whenever the Secretary has reason to believe that a dealer, exhibitor, research facility, carrier, or intermediate handler-- ``(A) is dealing in stolen animals; ``(B) is placing the health of any animal in danger, in violation of this Act or the regulations or standards issued thereunder; or ``(C) is otherwise in violation of this Act or the regulations or standards issued thereunder; and ``(D) should be enjoined from operating in violation of this Act or the regulations or standards issued thereunder. ``(2) After notification under paragraph (1), the Attorney General may apply to the United States district court for the district in which the violator resides or conducts business for a temporary restraining order or preliminary injunction to prevent such violator from operating in violation of this Act or the regulations or standards prescribed under this Act.''.

Animal Welfare Act Amendments of 1996 - Amends the Animal Welfare Act to redefine: (1) the term "dealer"; and (2) dealer and exhibitor licensing provisions. Excludes operators of auctions from certain civil penalty provisions. Increases the temporary license suspension penalty, and includes a revocation provision. Revises injunction provisions.

Animal Welfare Act Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Good Cyber Hygiene Act of 2017''. SEC. 2. CYBER HYGIENE BEST PRACTICES. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall establish a list of best practices for effective and usable cyber hygiene-- (1) in consultation with the Federal Trade Commission and the Secretary of Homeland Security; (2) after notice and an opportunity for public comment; and (3) for use by-- (A) the Federal Government; (B) the private sector; and (C) any person utilizing an information system or device. (b) Best Practices.--A best practice on the list established under subsection (a) shall-- (1) be a simple, basic control that has the greatest effect in defending against a common cybersecurity threat or risk; (2) utilize a technology that is commercial, off-the-shelf, and based on international standards; and (3) to the degree practicable, be based on and consistent with the Cybersecurity Framework contained in Executive Order 13636, entitled ``Improving Critical Infrastructure Cybersecurity'', issued in February 2013, or any successor framework. (c) Voluntary Practices.--A best practice on the list established under subsection (a) shall be considered voluntary and is not intended to be construed as mandatory. (d) Baseline.--The Director shall encourage the use of the best practices as the baseline provided by the list established under subsection (a) is encouraged to be not only used but improved upon by any entity including-- (1) the Federal Government; (2) the private sector; and (3) any person utilizing an information system or device. (e) Annual Updates.--Not less frequently than once each year, the Director shall review and update the list established under subsection (a). (f) Public Availability.-- (1) In general.--The Director shall publish the list of best practices established under subsection (a) in a clear and concise format. (2) Availability.--The Federal Trade Commission and the Small Business Administration shall make such list of best practices prominently available on the public Internet website of each respective agency. (g) Other Federal Cybersecurity Requirements.--Nothing in this section shall be construed to supersede, alter, or otherwise affect any cybersecurity requirements applicable to any Federal agency. (h) Considerations.--In carrying out subsection (a), the head of each agency of the Federal Government shall consider the benefit, as pertaining to cyber hygiene, of an emerging technology or process capable of providing any enhanced security protection, including-- (1) multi-factor authentication; (2) data loss prevention; (3) micro-segmentation; (4) data encryption; (5) cloud services; (6) anonymization; (7) software patching and maintenance; (8) phishing education; and (9) other standard cybersecurity measures to achieve trusted security in the infrastructure. (i) Study on Emerging Concepts To Promote Effective Cyber Hygiene for the Internet of Things.-- (1) Internet of things defined.--The term ``Internet of Things'' means the set of physical objects embedded with sensors or actuators and connected to a network. (2) Study required.--The Secretary of Homeland Security, in coordination with the Director of the National Institute of Standards and Technology and the Federal Trade Commission, shall conduct a study on cybersecurity threats relating to the Internet of Things. (3) Matters studied.--As part of the study required by paragraph (2), the Secretary shall-- (A) assess cybersecurity threats relating to the Internet of Things; (B) assess the effect such threats may have on the cybersecurity of the information systems and networks of the Federal Government (except for the information systems and networks of the Department of Defense and the intelligence community (as defined in Section 3 of the National Security Act of 1947 (50 U.S.C. 3003))); and (C) develop recommendations for addressing such threats. (4) Report to congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall-- (A) complete the study required by paragraph (2); and (B) submit to Congress a report that contains the findings of the Secretary with respect to such study and the recommendations developed by the secretary under paragraph (3)(C).

Promoting Good Cyber Hygiene Act of 2017 This bill requires the National Institute of Standards and Technology to establish for use by the federal government, the private sector, and any person utilizing an information system or device a list of best practices to defend against common cybersecurity threats or risks.  The Department of Homeland Security must assess cybersecurity threats, the effect of such threats on the federal government's information systems and networks, and submit recommendations for addressing such threats.

Promoting Good Cyber Hygiene Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Incubator Promotion Act''. SEC. 2. DEVELOPMENT OF BUSINESS INCUBATORS. Section 2(b) of the Public Works and Economic Development Act (42 U.S.C. 3121(b)) is amended by striking paragraph (3) and inserting the following: ``(3) whether suffering from long-term distress or a sudden economic dislocation, distressed communities should be encouraged to support the formation of business incubators to promote innovation and entrepreneurship in economically distressed areas and to take other actions to support entrepreneurship, so as to help regions to create higher-skill, higher-wage jobs and foster the participation of those regions in the global marketplace; and''. SEC. 3. DEFINITIONS. Section 3 of the Public Works and Economic Development Act (42 U.S.C. 3122) is amended-- (1) by redesignating paragraphs (1) through (12) as paragraphs (2) through (13), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: ``(1) Business incubator.-- ``(A) In general.--The term `business incubator' means an organization or entity established to foster the start-up of businesses or accelerate the growth of fledgling companies by providing entrepreneurs with resources and services to produce viable businesses that can help create jobs and restore vitality to distressed areas. ``(B) Exclusion.--The term `business incubator' does not include an organization or entity that is organized primarily as a for-profit venture.''. SEC. 4. UNEMPLOYMENT RATE. Section 301(a)(2) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)(2)) is amended by striking ``24-month period'' and inserting ``12-month period''. SEC. 5. INCREASE IN FEDERAL SHARE; SPECIAL NEED AREAS. Section 204(c) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3144(c)) is amended-- (1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: ``(1) Relative needs of an area.-- ``(A) 175-percent higher unemployment rate.--In the case of a grant made in an area for which the 12-month unemployment rate is at least 175 percent of the national average or the per capita income is not more than 60 percent of the national average, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 80 percent of the cost of the project. ``(B) 150-percent higher unemployment rate.--In the case of a grant made in an area for which the 12-month unemployment rate is at least 150 percent of the national average or the per capita income is not more than 65 percent of the national average, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 70 percent of the cost of the project. ``(C) 125-percent higher unemployment rate.--In the case of a grant made in an area for which the 12-month unemployment rate is at least 125 percent of the national average or the per capita income is not more than 70 percent of the national average, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 60 percent of the cost of the project. ``(D) Unemployment rate greater than national average.--In the case of a grant made in an area for which the 12-month unemployment rate is at least 1 percentage point greater than the national 12-month unemployment rate or the per capita income is not more than 80 percent of the national average, the Secretary may increase the Federal share above the percentage specified in subsection (a) up to 50 percent of the cost of the project.''; and (3) by adding at the end the following: ``(5) Special need areas.--In any case of severe economic distress during which grant rates based on relative need as required under subsection (a) result in a level for the non- Federal share that prevents eligible recipients in a particular area from participating in grant assistance under this Act, the Secretary may-- ``(A) deem the area to be experiencing a special need under section 301(a)(3); ``(B) reduce the non-Federal share to 20 percent of the cost of a project; and ``(C) waive the local share below that amount, or entirely, if the unemployment rate exceeds 12 percent or otherwise meets the requirements of paragraph (3).''. SEC. 6. BUSINESS INCUBATORS. Title II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 (42 U.S.C. 3147) the following: ``SEC. 208. BUSINESS INCUBATORS. ``(a) Development of Plans for Creation or Expansion of Business Incubators.--On receipt of an application from an eligible recipient (as determined by the Secretary in accordance with subsection (c)), the Secretary may provide grants to the eligible recipient for-- ``(1) the development of feasibility studies and plans for the creation of new, or expansion of existing, business incubators; ``(2) the implementation of those studies and plans by supporting the creation of new or expansion of existing business incubators and related programmatic and technical assistance; and ``(3) the temporary support of operations of business incubators, to the extent that the Secretary determines that the support is essential to assist a business incubator in becoming self-sustainable. ``(b) Limitation on Amount of Grants.--The amount of a grant provided to an eligible recipient under this section may not exceed-- ``(1) $750,000, if the grant is to be used for feasibility studies and plans; or ``(2) $3,000,000, if the grant is to be used for implementation of those studies and plans. ``(c) Procedure for Providing Grants.-- ``(1) Competitive process required.--The Secretary shall provide each grant under this section to an eligible recipient selected pursuant to a competitive process. ``(2) Selection criteria.--The Secretary shall publish the criteria to be used in any competition under this paragraph for the selection of eligible recipients of grants under this section, including requirements relating to-- ``(A) the projected number of jobs required to be created at a new or expanded business incubator for each of the first 6 years after the date of receipt of the grant; ``(B) the funding to be required to create or expand a business incubator during the first 5 years after the date of receipt of the grant; ``(C) the types of businesses and research entities expected in the business incubator and surrounding community; ``(D) letters of intent by businesses and research entities to establish a location in the business incubator; ``(E) the capability to attract a well-trained workforce to the business incubator; ``(F) the management of the business incubator; and ``(G) such other factors as the Secretary determines to be appropriate. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2010 and each fiscal year thereafter. ``(2) Availability.--Amounts made available pursuant to paragraph (1) for a fiscal year shall remain available until the end of the second fiscal year following the fiscal year in which the amounts were first made available.''.

Business Incubator Promotion Act - Amends the Public Works and Economic Development Act to include among the Act's goals encouraging distressed communities to support the formation of business incubators to promote innovation and entrepreneurship in economically distressed areas. Defines "business incubator" as an entity established to foster the startup of businesses or accelerate the growth of fledgling companies by providing entrepreneurs with resources and services to produce viable businesses that can help create jobs and restore vitality to distressed areas, excluding an entity organized primarily as for-profit venture. Modifies criteria for the eligibility of an area for grants under such Act for public works and economic development or economic adjustment projects to require an area to have had an unemployment rate of at least 1% greater than the national average for the most recent 12-month (currently, 24-month) period for which data are available. Authorizes the Secretary of Commerce to: (1) increase the federal share for public works and economic development project grants based upon an area's unemployment rate or per capita income compared to the national average; and (2) reduce or waive the non-federal or local share required for participation in such grant assistance for a special need area in cases of severe economic distress. Authorizes the Secretary to provide competitive grants for: (1) the development and implementation of feasibility studies and plans for the creation or expansion of business incubators; and (2) the temporary support of operations of business incubators that is essential to self-sustainability.

A bill to amend the Public Works and Economic Development Act of 1965 to modify the period used to calculate certain unemployment rates, to encourage the development of business incubators, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Healing to Wellness Courts Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (2) Tribal government.--The term ``tribal government'' means the governing body of an Indian tribe. SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) Authorizations.-- (1) In general.--The Attorney General may make grants to eligible entities for tribal healing to wellness courts for members of Indian tribes, including adults, juveniles, and families, that involve-- (A) continuing judicial supervision over offenders and other individuals under the jurisdiction of the court with substance abuse problems; and (B) the integrated administration of other sanctions and services, which may include-- (i) mandatory periodic testing for each participant for the use of controlled substances or other addictive substances during any period of participation in the tribal healing to wellness court; (ii) substance abuse treatment for each participant; (iii) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (iv) offender management, and services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. (2) Cultural activities.--At the option of the eligible entity establishing the tribal healing to wellness court, the tribal healing to wellness court may include cultural activities in the services provided under paragraph (1). (b) Eligible Entities.--Entities eligible to receive a grant under this section are tribal governments-- (1) acting directly or through agreements with other public or private entities; and (2) acting in partnership with States or units of local government. (c) Applications.--To receive a grant under this section, an eligible entity shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including-- (1) a long-term strategy and detailed implementation plan; (2) an explanation of the inability of the applicant to fund the tribal healing to wellness court adequately without the grant; (3) a certification that the grant provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (4) an identification of related governmental or community initiatives that complement or will be coordinated with the proposal; (5) a certification that-- (A) there has been appropriate consultation with all affected agencies; and (B) there will be appropriate coordination with all affected agencies during the implementation of the tribal healing to wellness program; (6) a certification that participating offenders will be supervised by 1 or more designated judges with responsibility for the tribal healing to wellness court; (7) a specification of plans for obtaining necessary support and continuing the proposed tribal healing to wellness court following the conclusion of the grant period; and (8) a description of the methodology that will be used in evaluating the tribal healing to wellness court. (d) Geographic Distribution.--The Attorney General shall ensure, to the maximum extent practicable, the equitable geographic distribution of grant awards under this Act. SEC. 4. MANDATORY DRUG TESTING AND MANDATORY SANCTIONS AND RESPONSES. (a) Mandatory Testing.-- (1) In general.--Grant amounts under this Act may be used for a tribal healing to wellness court only if the tribal healing to wellness court has mandatory periodic testing as described in section 3(a)(1)(B)(i). (2) Regulations.-- (A) In general.--The Attorney General, by issuing guidelines or promulgating regulations, shall describe standards for the timing and manner of complying with the requirements of paragraph (1). (B) Standards.--The standards under subparagraph (A)-- (i) shall ensure that-- (I) each participant is tested for any controlled substance the Attorney General or the court may require; and (II) the testing is accurate and practicable; and (ii) may require approval of the drug testing regime to ensure that adequate testing occurs. (b) Mandatory Sanctions and Responses.-- (1) In general.--The Attorney General, by issuing guidelines or promulgating regulations, may require that grant amounts under this section may be used for a tribal healing to wellness court only if the tribal healing to wellness court imposes graduated sanctions that increase punitive responses, therapeutic responses, or both, if a participant fails a drug test. (2) Inclusions.--The sanctions and responses under paragraph (1) may include-- (A) incarceration; (B) detoxification treatment; (C) residential treatment; (D) increased time in the program; (E) termination from the program; (F) increased drug screening requirements; (G) increased court appearances; (H) increased counseling; (I) increased supervision; (J) electronic monitoring; (K) in-home restriction; (L) community service; (M) family counseling; (N) anger management classes; and (O) additional assessments. SEC. 5. PROHIBITION ON PARTICIPATION BY VIOLENT OFFENDERS. (a) Definitions.--In this section: (1) Violent offender.--Except as provided in paragraph (2), the term ``violent offender'' means a person who-- (A) is charged with or convicted of an offense or conduct that is punishable by a term of imprisonment exceeding 1 year, during the course of which offense or conduct-- (i) the person carried, possessed, or used a firearm or dangerous weapon; (ii) there occurred the death of or serious bodily injury to any person; or (iii) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted; or (B) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. (2) Violent offender definition for purposes of juvenile drug courts.--For purposes of juvenile drug courts, the term ``violent offender'' means a juvenile who has been convicted of, or adjudicated delinquent for, a felony-level offense that-- (A) has as an element, the use, attempted use, or threatened use of physical force against the person or property of another, or the possession or use of a firearm; or (B) 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. (b) Prohibition.--The Attorney General shall-- (1) issue regulations or guidelines to ensure that the tribal healing to wellness courts carried out using a grant under this Act do not permit participation by violent offenders; and (2) immediately suspend funding for any tribal healing to wellness court receiving a grant under this Act, pending compliance, if the Attorney General finds that violent offenders are participating in the tribal healing to wellness court. (c) Waiver.-- (1) In general.--The Attorney General may waive the application of this section to a tribal healing to wellness court if the applicable entity receiving grant amounts under this Act applies for a waiver. (2) Requirements.--The Attorney General shall establish requirements for a waiver under paragraph (1) in consultation with Indian tribes. SEC. 6. TECHNICAL ASSISTANCE AND TRAINING; SUPPORT SERVICES. (a) Technical Assistance and Training.-- (1) In general.--The Attorney General, acting through the Bureau of Justice Assistance or through grants, contracts, or other cooperative arrangements with national or regional organizations, shall provide to each eligible entity receiving a grant under this Act technical assistance and training-- (A) to assist that eligible entity in successfully competing for future funding under this Act; and (B) to strengthen existing tribal healing to wellness courts. (2) Rural needs.--In providing technical assistance and training under paragraph (1), the Bureau of Justice Assistance shall consider and respond to the unique needs of eligible entities located in rural States, rural areas, and rural communities. (b) Support Services.--The Indian Health Service and the Substance Abuse and Mental Health Services Administration shall provide to each eligible entity receiving a grant under this Act support services to assist the eligible entity in carrying out the tribal healing to wellness court receiving grant amounts under this Act. SEC. 7. REPORT. An eligible entity receiving a grant under this Act, for each fiscal year of the grant period and on a date specified by the Attorney General, shall submit to the Attorney General a report that describes the effectiveness of this Act. SEC. 8. ADMINISTRATION. (a) Consultation.--The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this Act. (b) Use of Components.--The Attorney General may use any component or components of the Department of Justice in carrying out this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000 for each of fiscal years 2016 through 2020, to remain available until expended. (b) Training and Technical Assistance.--Each fiscal year, not more than 5 percent of funds made available under subsection (a) for the fiscal year may be used by the Attorney General to provide training and technical assistance to carry out this Act.

Tribal Healing to Wellness Courts Act of 2015 This bill permits the Department of Justice (DOJ) to award grants to tribal governments acting in partnership with state or local governments for tribal healing to wellness courts. (A tribal healing to wellness court is a drug court that is a component of a tribal justice system and includes substance abuse treatment and may include cultural activities.) Courts receiving grants must monitor individuals under their jurisdiction and must periodically test each individual for drug use. DOJ may require these courts to increase punitive or treatment responses for an individual who fails a drug test. Violent offenders may not be under the jurisdiction of these courts unless the court has received a waiver from DOJ.

Tribal Healing to Wellness Courts Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Acquisition Review Board Act of 2017''. SEC. 2. ACQUISITION REVIEW BOARD. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. 836. ACQUISITION REVIEW BOARD. ``(a) In General.--The Secretary shall establish an Acquisition Review Board (in this section referred to as the `Board') to-- ``(1) strengthen accountability and uniformity within the Department acquisition review process; ``(2) review major acquisition programs; and ``(3) review the use of best practices. ``(b) Composition.--The Under Secretary for Management shall serve as chair of the Board. The Secretary shall also ensure participation by other relevant Department officials, including at least two component heads or their designees, as permanent members of the Board. ``(c) Meetings.--The Board shall meet regularly for purposes of ensuring all acquisitions processes proceed in a timely fashion to achieve mission readiness. The Board shall convene at the Secretary's discretion and at any time-- ``(1) a major acquisition program-- ``(A) requires authorization to proceed from one acquisition decision event to another throughout the acquisition life cycle; ``(B) is in breach of its approved requirements; or ``(C) requires additional review, as determined by the Under Secretary for Management; or ``(2) a non-major acquisition program requires review, as determined by the Under Secretary for Management. ``(d) Responsibilities.--The responsibilities of the Board are as follows: ``(1) Determine whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(2) Oversee whether a proposed acquisition's business strategy, resources, management, and accountability is executable and is aligned to strategic initiatives. ``(3) Support the person with acquisition decision authority for an acquisition in determining the appropriate direction for such acquisition at key acquisition decision events. ``(4) Conduct systematic reviews of acquisitions to ensure that such acquisitions are progressing in compliance with the approved documents for their current acquisition phases. ``(5) Review the acquisition documents of each major acquisition program, including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost, schedule, and performance objectives, to ensure the reliability of underlying data. ``(6) Ensure that practices are adopted and implemented to require consideration of trade-offs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event, including, at a minimum, the following practices: ``(A) Department officials responsible for acquisition, budget, and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule matters before performance objectives are established for capabilities when feasible. ``(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative. ``(e) Acquisition Program Baseline Report Requirement.--If the person exercising acquisition decision authority over a major acquisition program approves such program to proceed into the planning phase before such program has a Department-approved acquisition program baseline, the Under Secretary for Management shall create and approve an acquisition program baseline report regarding such approval, and the Secretary shall-- ``(1) within 7 days after an acquisition decision memorandum is signed, notify in writing the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such decision; and ``(2) within 60 days after the acquisition decision memorandum is signed, submit to such committees a report stating the rationale for such decision and a plan of action to require an acquisition program baseline for such program. ``(f) Report.--The Under Secretary for Management shall provide information to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on an annual basis through fiscal year 2022 on the activities of the Board for the prior fiscal year that includes information relating to the following: ``(1) For each meeting of the Board, any acquisition decision memoranda. ``(2) Results of the systematic reviews conducted pursuant to paragraph (4) of subsection (d). ``(3) Results of acquisition document reviews required pursuant to paragraph (5) of subsection (d). ``(4) Activities to ensure that practices are adopted and implemented throughout the Department pursuant to paragraph (6) of subsection (d). ``(g) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(2) Acquisition decision authority.--The term `acquisition decision authority' means the authority, held by the Secretary acting through the Deputy Secretary or Under Secretary for Management to-- ``(A) ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives; ``(B) review (including approving, pausing, modifying, or cancelling) an acquisition program through the life cycle of such program; ``(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program; ``(D) ensure good acquisition program management of cost, schedule, risk, and system performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for such breaches; and ``(E) ensure that acquisition program managers, on an ongoing basis, monitor cost, schedule, and performance against established baselines and use tools to assess risks to an acquisition program at all phases of the life cycle of such program to avoid and mitigate acquisition program baseline breaches. ``(3) Acquisition decision event.--The term `acquisition decision event', with respect to an acquisition program, means a predetermined point within each of the acquisition phases at which the acquisition decision authority determines whether such acquisition program shall proceed to the next acquisition phase. ``(4) Acquisition decision memorandum.--The term `acquisition decision memorandum', with respect to an acquisition, means the official acquisition decision event record that includes a documented record of decisions, exit criteria, and assigned actions for such acquisition, as determined by the person exercising acquisition decision authority for such acquisition. ``(5) Acquisition program.--The term `acquisition program' means the process by which the Department acquires, with any appropriated amounts, by contract for purchase or lease, property or services (including construction) that support the missions and goals of the Department. ``(6) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be met in order to accomplish the goals of such program. ``(7) Best practices.--The term `best practices', with respect to acquisition, means a knowledge-based approach to capability development that includes-- ``(A) identifying and validating needs; ``(B) assessing alternatives to select the most appropriate solution; ``(C) clearly establishing well-defined requirements; ``(D) developing realistic cost assessments and schedules; ``(E) securing stable funding that matches resources to requirements; ``(F) demonstrating technology, design, and manufacturing maturity; ``(G) using milestones and exit criteria or specific accomplishments that demonstrate progress; ``(H) adopting and executing standardized processes with known success across programs; ``(I) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and ``(J) integrating the capabilities described in subparagraphs (A) through (I) into the Department's mission and business operations. ``(8) Major acquisition program.--The term `major acquisition program' means a Department acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2017 constant dollars) over its life cycle cost.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by adding after the item relating to section 835 the following new item: ``Sec. 836. Acquisition Review Board.''. Passed the House of Representatives June 21, 2017. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on March 23, 2017. DHS Acquisition Review Board Act of 2017 (Sec. 2) This bill amends the Homeland Security of 2002 to require the Department of Homeland Security (DHS) to establish an Acquisition Review Board to strengthen accountability and uniformity within the DHS acquisition review process, review major acquisition programs (programs estimated to require a total expenditure of at least $300 million over their life cycle costs), and review the use of best practices. The board shall convene at DHS's discretion and whenever: (1) a major acquisition program requires authorization to proceed from one acquisition decision event to another, is in breach of its approved requirements, or requires additional review; or (2) a non-major acquisition program requires review. The board's responsibilities are to: determine whether a proposed acquisition has met the requirements of key phases of the acquisition life cycle framework and is able to proceed to the next phase and eventual full production and deployment; oversee whether a proposed acquisition's business strategy, resources, management, and accountability is executable and aligned to strategic initiatives; support the acquisition decision authority in determining the appropriate direction at key acquisition decision events; conduct systematic reviews to ensure that acquisitions are progressing in compliance with the approved documents for their current acquisition phases; review the acquisition documents of each major acquisition program to ensure the reliability of underlying data; and ensure that practices are implemented to require consideration of tradeoffs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to initiating the second acquisition decision event. If the person exercising acquisition decision authority over a major acquisition program approves such program to proceed into the planning phase before such program has a DHS-approved acquisition program baseline, DHS shall: (1) create and approve a baseline report regarding such approval; (2) notify Congress within 7 days after an acquisition decision memorandum is signed; and (3) within 60 days after such signing, report on the rationale for such decision and a plan of action to require an acquisition program baseline for such program. DHS shall report annually to specified congressional committees through FY2022 on the board's activities, including information on: any acquisition decision memoranda for each meeting of the board, results of the systematic reviews, results of acquisition document reviews, and activities to ensure that practices are adopted and implemented throughout DHS regarding such tradeoffs.

DHS Acquisition Review Board Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medikid Health Care Expansion Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permitting States to increase SCHIP eligibility to up to 250 percent of poverty line. Sec. 3. Allowing higher income families to buy into program. Sec. 4. Simplified outreach and enrollment. Sec. 5. Expediting eligibility process. Sec. 6. Availability of enrollment performance incentive bonuses from reallotment. Sec. 7. Encouraging school-based outreach. Sec. 8. Extending authorization of graduate medical education funding for children's hospitals. Sec. 9. Optional coverage of low-income, uninsured pregnant women under a state child health plan. SEC. 2. PERMITTING STATES TO INCREASE SCHIP ELIGIBILITY TO UP TO 250 PERCENT OF POVERTY LINE. (a) In General.--Section 2110(c)(4) of the Social Security Act (42 U.S.C. 1397jj(c)(4)) is amended by inserting ``(or, at the option of the State, a higher percent not to exceed 250 percent)'' after ``200 percent''. (b) Effective Date.--The amendment made by subsection (a) takes effect as of the date of the enactment of this Act. SEC. 3. ALLOWING HIGHER INCOME FAMILIES TO BUY INTO PROGRAM. Title XXI of the Social Security Act is amended by adding at the end the following new section: ``SEC. 2111. OPTIONAL STATE BUY-IN PERMITTED FOR OTHER CHILDREN. ``Nothing in this title shall be construed as preventing a State from permitting families of children who are not low-income children to enroll in the State child health plan in return for payment of such premium as the State may establish.''. SEC. 4. SIMPLIFIED OUTREACH AND ENROLLMENT. Section 2102 of the Social Security Act (42 U.S.C. 1397bb) is amended by adding at the end the following new subsection: ``(d) Development and Use of Uniform Application Forms and Coordinated Enrollment Process.--A State child health plan shall provide, by not later than the first day of the first month that begins more than 6 months after the date of the enactment of this subsection, for-- ``(1) the development and use of a uniform, simplified application form which is used both for purposes of establishing eligibility for benefits under this title and also under title XIX; and ``(2) an enrollment process that is coordinated with that under title XIX so that a family need only interact with a single agency in order to determine whether a child is eligible for benefits under this title or title XIX.''. SEC. 5. EXPEDITING ELIGIBILITY PROCESS. (a) Application of Presumptive Eligibility Under SCHIP and Reduction of State Match for Outreach if Elect Presumptive Eligibility.-- (1) In general.--Section 2102 of the Social Security Act (42 U.S.C. 1397bb), as amended by section 4, is further amended by adding at the end the following new subsection: ``(e) Application of Presumptive Eligibility Provisions.--A State may elect to apply the provisions of section 1920A under this title in the same manner as the State may elect to apply such provisions under title XIX.''. (2) Reduction of state matching requirement.--Section 2105 of such Act (42 U.S.C. 1397ee) is amended-- (A) in subsection (b), by inserting ``subject to subsection (g),'' after ``For purposes of subsection (a),''; and (B) by adding at the end the following new subsection: ``(g) 90 Percent Federal Match for Additional Outreach Expenditures if State Elects To Use Presumptive Eligibility for Both Medicaid and SCHIP.--The enhanced FMAP with respect to child health assistance for outreach services described in section 2102(c)(1) for a State shall be, with respect to expenditures for such services above the level of such expenditures in fiscal year 2000, equal to 90 percent if the State has both-- ``(1) elected to apply the provisions of section 1920A under title XIX for the entire fiscal year; and ``(2) elected under section 2102(e) to apply the provisions of section 1920A under this title for the entire fiscal year.''. (3) Effective date.--The amendments made by this subsection take effect on the date of the enactment of this Act and apply to fiscal years beginning on or after such date. (b) Clarification of Use of SCHIP Funds To Provide Enrolling Centers With Incentives To Enroll Low-Income Children.-- (1) In general.--Section 2105 of such Act (42 U.S.C. 1397ee), as amended by subsection (b), is further amended-- (A) in subsection (g), by inserting ``and for expenditures described in subsection (h)'' after ``described in section 2102(c)(1)''; and (B) by adding at the end the following new subsection: ``(h) Treatment of Enrollment Incentives.--Reasonable expenditures to enrolling centers to provide an incentive to enroll targeted low- income children under this title shall be treated as reasonable costs incurred by the State to administer the plan for purposes of subsection (a)(2)(D).''. (2) Effective date.--The amendments made by paragraph (1) apply to expenditures made on or after the date of the enactment of this Act. SEC. 6. AVAILABILITY OF ENROLLMENT PERFORMANCE INCENTIVE BONUSES FROM REALLOTMENT. Section 2105 of the Social Security Act (42 U.S.C. 1397ee), as amended by section 5(a)(2), is amended by adding at the end the following new subsection: ``(h) Enrollment Performance Incentive Bonus Payments.-- ``(1) In general.--In the case of a bonus eligible State described in paragraph (2), the Secretary shall pay to the State, from the amount of an allotment redistributed to the State under section 2104(f) during a fiscal year (beginning with fiscal year 2001), an incentive performance bonus payment equal to such percent (not less than 2 percent, and not to exceed 5 percent) of the amount of such allotment as the Secretary determines appropriate based on the State's performance in meeting or exceeding objectives referred to in paragraph (2)(B). ``(2) Bonus eligible state.--A bonus eligible State described in this paragraph for a fiscal year is a State that-- ``(A) has not had any allotment for any previous fiscal year redistributed to another State under section 2104(f); and ``(B) meets or exceeds reasonable objectives established by the Secretary for the enrollment of low- income children under this title (and title XIX). ``(3) Treatment of payment.--The amount paid under paragraph (1)-- ``(A) shall be paid without the need for any non- Federal contribution under subsection (a); ``(B) may be used for any expenditures permitted under subsection (b)(1) and without regard to any limitations under paragraphs (2) and (3) of subsection (b); but ``(C) may not be included in determining the amount of non-Federal contributions otherwise required under subsection (a).''. SEC. 7. ENCOURAGING SCHOOL-BASED OUTREACH. (a) In General.--Section 2102(c)(1) of such Act (42 U.S.C. 1397bb(c)(1)) is amended by adding at the end the following: ``Such outreach shall include school-based programs targeted at schools with high rates of uninsured children.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on October 1, 2000. SEC. 8. EXTENDING AUTHORIZATION OF GRADUATE MEDICAL EDUCATION FUNDING FOR CHILDREN'S HOSPITALS. Section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended-- (1) in subsection (a), by striking ``and 2001'' and inserting ``through 2005''; and (2) in subsection (f)-- (A) in paragraph (1)(A)(ii), by striking ``for fiscal year 2001'' and inserting ``for each of fiscal years 2001 through 2005''; (B) in paragraph (1)(B), by striking ``for fiscal year 2000 shall remain available for obligation through the end of fiscal year 2001'' and inserting ``for a fiscal year shall remain available for obligation through the end of the succeeding fiscal year''; and (C) in paragraph (2)(B), by striking ``for fiscal year 2001'' and inserting ``for each of fiscal years 2001 through 2005''. SEC. 9. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN UNDER A STATE CHILD HEALTH PLAN. (a) In General.--Title XXI of the Social Security Act, as amended by section 3, is further amended by adding at the end the following new section: ``SEC. 2112. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN. ``(a) Optional Coverage.--Notwithstanding any other provision of this title, a State child health plan may provide for coverage of pregnancy-related assistance for targeted low-income pregnant women in accordance with this section, but only if the State has established an income eligibility level under section 1902(l)(2)(A) for women described in section 1902(l)(1)(A) that is 185 percent of the income official poverty line. ``(b) Definitions.--For purposes of this section: ``(1) Pregnancy-related assistance.--The term `pregnancy- related assistance' has the meaning given the term child health assistance in section 2110(a) as if any reference to targeted low-income children were a reference to targeted low-income pregnant women, except that the assistance shall be limited to services related to pregnancy (which include prenatal, delivery, and postpartum services) and to other conditions that may complicate pregnancy and shall not include prepregnancy services and supplies. ``(2) Targeted low-income pregnant woman.--The term `targeted low-income pregnant woman' has the meaning given the term `targeted low-income child' in section 2110(b) as if any reference to a child were deemed a reference to a woman during pregnancy and through the end of the month in which the 60-day period (beginning on the last day of her pregnancy) ends. ``(c) References to Terms and Special Rules.--In the case of, and with respect to, a State providing for coverage of pregnancy-related assistance to targeted low-income pregnant women under subsection (a), the following special rules apply: ``(1) Any reference in this title (other than subsection (b)) to a targeted low-income child is deemed to include a reference to a targeted low-income pregnant woman. ``(2) Any such reference to child health assistance with respect to such women is deemed a reference to pregnancy- related assistance. ``(3) Any such reference to a child is deemed a reference to a woman during pregnancy and the period described in subsection (b)(2). ``(4) The medicaid applicable income level is deemed a reference to the income level established under section 1902(l)(2)(A). ``(5) Subsection (a) of section 2103 (relating to required scope of health insurance coverage) shall not apply insofar as a State limits coverage to services described in subsection (b)(1) and the reference to such section in section 2105(a)(1) is deemed not to require, in such case, compliance with the requirements of section 2103(a). ``(6) There shall be no exclusion of benefits for services described in subsection (b)(1) based on any pre-existing condition and no waiting period (including any waiting period imposed to carry out section 2102(b)(3)(C)) shall apply. ``(d) No Impact on Allotments.--Nothing in this section shall be construed as affecting the amount of any initial allotment provided to a State under section 2104(b). ``(e) Application of Funding Restrictions.--The coverage under this section (and the funding of such coverage) is subject to the restrictions of section 2105(c). ``(f) Automatic Enrollment for Children Born to Women Receiving Pregnancy-Related Assistance.--Notwithstanding any other provision of this title or title XIX, if a child is born to a targeted low-income pregnant woman who was receiving pregnancy-related assistance under this section on the date of the children's birth, the child shall be deemed to have applied for child health assistance under the State child health plan and to have been found eligible for such assistance under such plan (or, in the case of a State that provides such assistance through the provision of medical assistance under a plan under title XIX, to have applied for medical assistance under such title and to have been found eligible for such assistance under such title) on the date of such birth and to remain eligible for such assistance until the child attains 1 year of age so long as the child is a member of the woman's household and the woman remains (or would remain if pregnant) eligible for such assistance. During the period in which a child is deemed under the preceding sentence to be eligible for child health or medical assistance, the child health or medical assistance eligibility identification number of the mother shall also serve as the identification number of the child, and all claims shall be submitted and paid under such number (unless the State issues a separate identification number for the child before such period expires).''. (b) State Option To Use Enhanced FMAP for Coverage of Additional Pregnant Women Under the Medicaid Program.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by inserting ``and in the case of a State plan that meets the condition described in subsections (u)(1) and (u)(4)(A), with respect to expenditures described in subsection (u)(4)(B) for the State for a fiscal year'' after ``for a fiscal year,''; (2) by redesignating paragraph (4) of subsection (u) as paragraph (5); and (3) by inserting after paragraph (3) of subsection (u) the following new paragraph: ``(4)(A) The condition described in this subparagraph for a State plan is that the plan has established an income level under section 1902(l)(2)(A) with respect to individuals described in section 1902(l)(1)(A) that is 185 percent of the income official poverty line. ``(B) For purposes of subsection (b), the expenditures described in this paragraph are expenditures for medical assistance for women described in section 1902(l)(1)(A) whose income exceeds the income level established for such women under section 1902(l)(2)(A)(i) as of the date of the enactment of this paragraph but does not exceed than 185 percent of the income official poverty line.''. (c) Conforming Amendments.--Section 2102(b)(1)(B) of the Social Security Act (42 U.S.C. 1397bb(b)(1)(B)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; and''; and (3) by adding at the end the following new clause: ``(iii) may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a targeted low-income child who is pregnant, if the State provides for coverage of pregnancy-related assistance for targeted low-income pregnant women in accordance section 2112.''. (d) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply to allotments for all fiscal years.

Amends the Public Health Service Act to extend the authorization of graduate medical education funding for children's hospitals.

Medikid Health Care Expansion Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childhood Adoption Act of 2005''. SEC. 2. INCREASE IN ALLOWABLE EXPENSES FOR ADOPTION; ADOPTION CREDIT MADE REFUNDABLE. (a) Increase in Dollar Limitation.-- (1) Adoption credit.-- (A) In general.--Paragraph (1) of section 23(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$10,000'' and inserting ``$15,000''. (B) Child with special needs.--Paragraph (3) of section 23(a) of such Code (relating to $10,000 credit for adoption of child with special needs regardless of expenses) is amended-- (i) in the text by striking ``$10,000'' and inserting ``$15,000'', and (ii) in the heading by striking ``$10,000'' and inserting ``$15,000''. (C) Conforming amendment to inflation adjustment.-- Subsection (h) of section 23 of such Code (relating to adjustments for inflation) is amended to read as follows: ``(h) Adjustments for Inflation.-- ``(1) Dollar limitations.--In the case of a taxable year beginning after December 31, 2005, each of the dollar amounts in subsections (a)(3) and (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(2) Income limitation.--In the case of a taxable year beginning after December 31, 2002, the dollar amount in subsection (b)(2)(A)(i) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.''. (2) Adoption assistance programs.-- (A) In general.--Paragraph (1) of section 137(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended by striking ``$10,000'' and inserting ``$15,000''. (B) Child with special needs.--Paragraph (2) of section 137(a) of such Code (relating to $10,000 exclusion for adoption of child with special needs regardless of expenses) is amended-- (i) in the text by striking ``$10,000'' and inserting ``$15,000'', and (ii) in the heading by striking ``$10,000'' and inserting ``$15,000''. (C) Conforming amendment to inflation adjustment.-- Subsection (f) of section 137 of such Code (relating to adjustments for inflation) is amended to read as follows: ``(f) Adjustments for Inflation.-- ``(1) Dollar limitations.--In the case of a taxable year beginning after December 31, 2005, each of the dollar amounts in subsections (a)(2) and (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(2) Income limitation.--In the case of a taxable year beginning after December 31, 2002, the dollar amount in subsection (b)(2)(A)(i) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.''. (b) Credit Made Refundable.-- (1) Credit moved to subpart relating to refundable credits.--The Internal Revenue Code of 1986 is amended-- (A) by redesignating section 36 as section 37, (B) by redesignating section 23, as amended by subsection (a), as section 36, and (C) by moving section 36 (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 (as so redesignated) in subpart C of part IV of subchapter A of chapter 1. (2) Conforming amendments.-- (A) Section 24(b)(3)(B) of such Code is amended by striking ``and sections 23'' and inserting ``section''. (B) Section 25(e)(1)(C) of such Code is amended by striking ``23,''. (C) Section 25B(g)(2) of such Code is amended by striking ``and section 23''. (D) Section 137 of such Code is amended-- (i) in subsection (d) by striking ``section 23(d)'' and inserting ``section 36(d)'', and (ii) in subsection (e) by striking ``section 23'' and inserting ``section 36''. (E) Section 1400C(d) of such Code is amended by striking ``23, 24,'' and inserting ``24''. (F) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code of 1986 is amended by striking the item relating to section 23. (G) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (H) 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 striking the last item and inserting the following new items: ``Sec. 36. Adoption expenses. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. INCREASE IN ADOPTION INCENTIVE PAYMENTS. (a) In General.--Section 473A(d)(1) of the Social Security Act (42 U.S.C. 673a(d)(1)) is amended-- (1) in subparagraph (A), by striking ``$4,000'' and inserting ``$8,000''; (2) in subparagraph (B), by striking ``$2,000'' and inserting ``$8,000''; and (3) in subparagraph (C), by striking ``$4,000'' and inserting ``$8,000''. (b) Increased Program Funding.--Section 473A(h)(1) of such Act (42 U.S.C. 673a(h)(1)) is amended-- (1) in subparagraph (C), by striking ``and''; (2) in subparagraph (D), by striking ``through 2008.'' and inserting ``and 2005; and''; and (3) by adding at the end the following: ``(E) $86,000,000 for each of fiscal years 2006 through 2008.''.

Childhood Adoption Act of 2005 - Amends the Internal Revenue Code to: (1) increase the tax credit for adoption expenses from $10,000 to $15,000; (2) make such tax credit refundable; and (3) increase the exclusion from gross income for employer-paid adoption expenses from $10,000 to $15,000. Amends title IV, part E (Federal Payments for Foster Care and Adoption Assistance) of the Social Security Act to increase: (1) levels of adoption incentive payments payable to States under the adoption assistance program; and (2) funding for adoption incentive payments for FY 2006 through 2008.

To amend the Internal Revenue Code of 1986 to expand the incentives for adoption and to amend part E of title IV of the Social Security Act to increase adoptive incentive payments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing and Reducing Improper Medicare and Medicaid Expenditures to Restore Integrity to Benefits Act of 2015''. SEC. 2. STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH FLEXIBILITY. Section 1936 of the Social Security Act (42 U.S.C. 1396u-6) is amended-- (1) in subsection (a), by inserting ``, or otherwise,'' after ``entities''; and (2) in subsection (e)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``(including the costs of equipment, salaries and benefits, and travel and training)'' after ``Program under this section''; and (B) in paragraph (3), by striking ``by 100'' and inserting ``by 100, or such number as determined necessary by the Secretary to carry out the Program,''. SEC. 3. ESTABLISHING MEDICARE ADMINISTRATIVE CONTRACTOR ERROR REDUCTION INCENTIVES. (a) In General.--Section 1874A(b)(1)(D) of the Social Security Act (42 U.S.C. 1395kk-1(b)(1)(D)) is amended-- (1) by striking ``quality.--The Secretary'' and inserting ``quality.-- ``(i) In general.--Subject to clauses (ii) and (iii), the Secretary''; and (2) by inserting after clause (i), as added by paragraph (1), the following new clauses: ``(ii) Improper payment rate reduction incentives.--The Secretary shall provide incentives for medicare administrative contractors to reduce the improper payment error rates in their jurisdictions. ``(iii) Incentives.--The incentives provided for under clause (ii)-- ``(I) may include a sliding scale of award fee payments and additional incentives to medicare administrative contractors that either reduce the improper payment rates in their jurisdictions to certain thresholds, as determined by the Secretary, or accomplish tasks, as determined by the Secretary, that further improve payment accuracy; and ``(II) may include substantial reductions in award fee payments under cost-plus-award-fee contracts, for medicare administrative contractors that reach an upper end improper payment rate threshold or other threshold as determined by the Secretary, or fail to accomplish tasks, as determined by the Secretary, that further improve payment accuracy.''. (b) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall apply to contracts entered into or renewed on or after the date that is 3 years after the date of enactment of this Act. (2) Application to existing contracts.--In the case of contracts in existence on or after the date of the enactment of this Act and that are not subject to the effective date under paragraph (1), the Secretary of Health and Human Services shall, when appropriate and practicable, seek to apply the incentives provided for in the amendments made by subsection (a) through contract modifications. SEC. 4. STRENGTHENING PENALTIES FOR THE ILLEGAL DISTRIBUTION OF A MEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR BILLING PRIVILEGES. Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b)) is amended by adding at the end the following: ``(4) Whoever without lawful authority knowingly and willfully purchases, sells or distributes, or arranges for the purchase, sale, or distribution of a beneficiary identification number or unique health identifier for a health care provider under title XVIII, title XIX, or title XXI shall be imprisoned for not more than 10 years or fined not more than $500,000 ($1,000,000 in the case of a corporation), or both.''. SEC. 5. IMPROVING THE SHARING OF DATA BETWEEN THE FEDERAL GOVERNMENT AND STATE MEDICAID PROGRAMS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a plan to encourage and facilitate the participation of States in the Medicare-Medicaid Data Match Program (commonly referred to as the ``Medi-Medi Program'') under section 1893(g) of the Social Security Act (42 U.S.C. 1395ddd(g)). (b) Program Revisions To Improve Medi-Medi Data Match Program Participation by States.--Section 1893(g)(1)(A) of the Social Security Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended-- (1) in the matter preceding clause (i), by inserting ``or otherwise'' after ``eligible entities''; (2) in clause (i)-- (A) by inserting ``to review claims data'' after ``algorithms''; and (B) by striking ``service, time, or patient'' and inserting ``provider, service, time, or patient''; (3) in clause (ii)-- (A) by inserting ``to investigate and recover amounts with respect to suspect claims'' after ``appropriate actions''; and (B) by striking ``; and'' and inserting a semicolon; (4) in clause (iii), by striking the period and inserting ``; and''; and (5) by adding at the end the following new clause: ``(iv) furthering the Secretary's design, development, installation, or enhancement of an automated data system architecture-- ``(I) to collect, integrate, and assess data for purposes of program integrity, program oversight, and administration, including the Medi-Medi Program; and ``(II) that improves the coordination of requests for data from States.''. (c) Providing States With Data on Improper Payments Made for Items or Services Provided to Dual Eligible Individuals.-- (1) In general.--The Secretary shall develop and implement a plan that allows each State agency responsible for administering a State plan for medical assistance under title XIX of the Social Security Act access to relevant data on improper or fraudulent payments made under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for health care items or services provided to dual eligible individuals. (2) Dual eligible individual defined.--In this section, the term ``dual eligible individual'' means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), or enrolled for benefits under part B of title XVIII of such Act (42 U.S.C. 1395j et seq.), and is eligible for medical assistance under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan. SEC. 6. REPORT ON IMPLEMENTATION. Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the implementation of the provisions of, and the amendments made by-- (1) this Act; and (2) sections 506 and 507 of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114-10).

Preventing and Reducing Improper Medicare and Medicaid Expenditures to Restore Integrity to Benefits Act of 2015 This bill amends title XIX (Medicaid) of the Social Security Act to make several changes related to the prevention of Medicaid fraud. With respect to the Medicaid Integrity Program (MIP), the bill: (1) specifies that program appropriations may cover costs of equipment, travel, training, and salaries and benefits; and (2) allows the Department of Health and Human Services (HHS) flexibility in determining the number of additional staff necessary to carry out the program. (MIP is a federal program aimed at preventing and reducing provider fraud, waste, and abuse in the Medicaid program.) Under current law, HHS may contract with Medicare administrative contractors (MACs), which are private insurers that process Medicare claims within specified geographic jurisdictions. The bill requires HHS to provide specified incentives for MACs to reduce improper payment error rates within their jurisdictions. The bill establishes criminal penalties of up to 10 years imprisonment and up to $500,000 in fines for illegally purchasing or distributing Medicare, Medicaid, or Children's Health Insurance Program (CHIP) beneficiary identification or billing privileges. The bill increases the scope of the Medicare-Medicaid Data Match Program (Medi-Medi Program), an existing program through which contractors and participating governmental agencies collaboratively analyze Medicare and Medicaid billing trends. HHS must establish a plan to encourage states to participate in the Medi-Medi Program. HHS shall develop and implement a plan to allow states to access relevant data on improper or fraudulent payments made under the Medicare program on behalf of individuals dually eligible for both Medicare and Medicaid.

Preventing and Reducing Improper Medicare and Medicaid Expenditures to Restore Integrity to Benefits Act of 2015

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseball Fans and Communities Protection Act of 1994''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO MAJOR LEAGUE BASEBALL IN EXCEPTIONAL AND EXTRAORDINARY CIRCUMSTANCES. The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the following: ``Sec. 27. (a) If unilateral terms and conditions of employment in restraint of trade or commerce are imposed by any party that has been subject to an agreement between 2 or more major league baseball clubs and the labor organization representing the players of major league baseball, such unilateral imposition shall be subject to the antitrust laws. ``(b) Subsection (a) shall not apply to a term or condition imposed solely with respect to a professional baseball player who is a party to a uniform player contract that is assigned, at the time the imposition described in such subsection occurs, to a baseball club that is not a major league professional baseball club. ``(c) This section shall not be construed to modify, impair, or supersede the operation of-- ``(1) the Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et seq.), or ``(2) any Federal statute relating to labor relations. ``(d) For purposes of this section, the term `terms and conditions' does not include a strike or a lockout.''.

Baseball Fans and Communities Protection Act of 1994 - Amends the Clayton Act to apply the antitrust laws to any unilateral terms and conditions of employment in restraint of trade or commerce imposed by any party to an agreement between two or more major league baseball clubs and the labor organization representing the baseball players. States that the antitrust laws shall not apply to a term or condition imposed solely with respect to a player party to a uniform player contract that is assigned, at the time such imposition occurs, to a non-major league professional baseball club.

Baseball Fans and Communities Protection Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Judicial Taxation Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) a variety of effective and appropriate judicial remedies are available under existing law for the full redress of legal or constitutional violations; (2) the imposition, increase, levying, or assessment of taxes by courts is not necessary or appropriate for the full and effective exercise of remedies imposed by Federal courts with appropriate jurisdiction; (3) the imposition, increase, levying, or assessment of taxes by judicial order is-- (A) not an appropriate exercise of the judicial power under the Constitution; and (B) incompatible with-- (i) the traditional principles of the laws and Government of the United States; and (ii) the basic American principle that taxation without representation is tyrannical (because Federal courts are composed of unelected officials who are not answerable to the popular will); (4) when a Federal court issues an order that requires or results in the imposition, increase, levying, or assessment of any tax, the court-- (A) exceeds the proper boundaries of the limited jurisdiction and authority of Federal courts under the Constitution; and (B) impermissibly intrudes on the legislative functions of the democratic system of government of the United States; (5) no court should enter an order or approve any settlement-- (A) remedying a legal or constitutional violation by imposing, creating, increasing, levying, or assessing any tax; or (B) that has the effect of imposing, creating, increasing, levying, or assessing any tax; (6) a settlement agreement or order entered by a Federal court should be fashioned within the framework of the budgetary restraints of any affected State or political subdivision thereof; and (7) the Congress has the authority under sections 1 and 2 of Article III of the United States Constitution to limit and regulate the jurisdiction of the inferior Federal courts, and such authority includes the power to limit the remedial authority of such courts. SEC. 3. LIMITATION ON FEDERAL COURT REMEDIES. (a) In General.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1369. Limitation on Federal court remedies ``(a)(1) No district court may enter any order or approve any settlement that requires any State, or political subdivision of a State, to impose, increase, levy, or assess any tax for the purpose of enforcing any Federal or State common law, statutory, or constitutional right or law, unless the court finds by clear and convincing evidence, that-- ``(A)(i) there are no other means available to remedy the deprivation of rights or laws; and ``(ii) the proposed imposition, increase, levying, or assessment is narrowly tailored to remedy the specific deprivation at issue; ``(B) the tax will not contribute to or exacerbate the deprivation intended to be remedied; ``(C) the proposed tax will not result in a loss of revenue for the political subdivision in which it is assessed, levied, or collected; ``(D) the proposed tax will not result in the loss or depreciation of property values of the taxpayer so affected; ``(E) the proposed tax will not conflict with the applicable laws with respect to the maximum rate of taxation as determined by the appropriate State or political subdivision thereof; and ``(F) plans submitted to the court by State and local authorities will not effectively redress the deprivations at issue. ``(2) A finding under paragraph (1) shall-- ``(A) be subject to immediate interlocutory de novo review; and ``(B) be reviewed by the court making the finding at least annually with respect to the issues related to the finding, whether or not a related order or settlement agreement continues to apply. ``(3)(A) Notwithstanding any law or rule of procedure, any aggrieved corporation, or unincorporated association or other person residing or present in the political subdivision in which a tax is imposed in accordance with paragraph (1) or other entity located within that political subdivision shall have the right to intervene in any proceeding concerning the imposition of the tax. ``(B) A person or entity that intervenes pursuant to subparagraph (A) shall have the right to-- ``(i) present evidence and appear before the court to present oral and written testimony; and ``(ii) appeal any finding required to be made by this section, or any other related action taken to impose, increase, levy, or assess the tax that is the subject of the intervention. ``(b) Notwithstanding any law or rule of procedure, any order of a district court requiring the imposition, increase, levy, or assessment of a tax imposed pursuant to subsection (a)(1) shall automatically terminate or expire on the date that is 1 year after the later of-- ``(1) the date of the imposition of the tax; ``(2) the date of the enactment of the Fairness in Judicial Taxation Act of 1996; or ``(3) an earlier date, if the court determines that the deprivation of rights that is addressed by the order has been cured to the extent practicable. ``(c) This section may not be construed to preempt any law of a State or political subdivision thereof that imposes limitations on, or otherwise restricts the imposition of a tax, levy, or assessment that is imposed in response to a court order referred to in subsection (b). ``(d)(1) Except as provided in paragraph (2), nothing in this section may be construed to allow a Federal court to, for the purpose of funding the administration of an order referred to in subsection (b), use funds acquired by a State or political subdivision thereof from a tax imposed by the State or political subdivision thereof. ``(2) Paragraph (1) does not apply to any tax, levy, or assessment that, before the date of enactment of the Fairness in Judicial Taxation Act of 1996, has, in accordance with applicable State or local law, been used to fund the actions of a State or political subdivision thereof in meeting the requirements of an order referred to in subsection (b). ``(e) The court shall provide written notification to a State or political subdivision thereof subject to an order referred to in subsection (b) with respect to any finding required to be made by the court under subsection (a) before the beginning of the fiscal year of that State or political subdivision. ``(f) There shall be a presumption that the imposition, increase, levying, or assessment of taxes is not a narrowly tailored means of remedying deprivations of Federal or State rights. ``(h) For purposes of this section-- ``(1) the District of Columbia shall be considered to be a State; and ``(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.''. (b) Conforming Amendment.--The chapter analysis for chapter 85 of title 28, United States Code, is amended by adding after the item relating to section 1368 the following new item: ``1369. Limitation on Federal court remedies.''. (c) Statutory Construction.--Nothing contained in this Act and the amendments made by this Act shall be construed to, beyond the scope of applicable law, make legal, validate, or approve the use of a judicial tax, levy, or assessment by a district court.

Fairness in Judicial Taxation Act of 1996 - Amends the Federal judicial code to set limits on the authority of Federal courts to enter an order or approve a settlement that requires any State or political subdivision to impose, increase, levy, or assess any tax. Sets forth provisions regarding: (1) judicial review; (2) a right of certain aggrieved, persons, corporations, or unincorporated associations to intervene in proceedings concerning imposition of a tax; (3) termination of any tax so imposed, increased, levied, or assessed automatically after one year or at any time if the court determines that the deprivation of rights has been cured to the extent practicable; (4) preemption; and (5) State and local governmental rights.

Fairness in Judicial Taxation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``AFG and SAFER Program Reauthorization Act of 2017''. SEC. 2. REAUTHORIZATION OF ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM AND THE FIRE PREVENTION AND SAFETY GRANTS PROGRAM. (a) Repeal of Sunset.--Section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by striking subsection (r). (b) Authorization of Appropriations.--Subsection (q)(1)(B) of such section is amended by striking ``2017'' and inserting ``2023''. (c) Authorization for Certain Training Under Assistance to Firefighters Grants Program.--Subsection (c)(3) of such section is amended by adding at the end the following: ``(N) To provide specialized training to firefighters, paramedics, emergency medical service workers, and other first responders to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness, including strategies for verbal de-escalation of crisis.''. SEC. 3. REAUTHORIZATION OF STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT PROGRAM. (a) Repeal of Sunset.--Section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) is amended by striking subsection (k). (b) Authorization of Appropriations.--Subsection (j)(1)(I) of such section is amended, in the matter before clause (i), by striking ``2017'' and inserting ``2023''. (c) Modification of Application Requirements.--Subsection (b)(3)(B) of such section is amended by striking ``of subsection (a)(1)(B)(ii) and (F)'' and inserting ``of subsection (a)(1)(F)''. (d) Modification of Limitation.--Subsection (c)(2) of such section is amended by striking ``prior to November 24, 2003'' and inserting ``prior to the date of the application for the grant''. (e) Modification of Waiver Authority.--Subsection (d)(1)(B) of such section is amended by striking ``subsection (a)(1)(E) or subsection (c)(2)'' and inserting ``subsection (a)(1)(E), (c)(2), or (c)(4)''. (f) Repeal of Authority for Certain Use of Grant Amounts Transferred to Assistance to Firefighters Grants Program.--Subsection (a)(1)(B) of such section is amended by striking ``and to provide'' and all that follows through ``of crises''. (g) Expansion of Staffing For Adequate Fire and Emergency Response Grant Program.--Subsection (a)(1)(B) of such section, as amended by subsection (f), is further amended by inserting ``or to change the status of part-time or paid-on-call (as defined in section 33(a)) firefighters to full-time firefighters'' after ``firefighters''. SEC. 4. TRAINING ON ADMINISTRATION OF FIRE GRANT PROGRAMS. (a) In General.--The Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United States Fire Administration, may develop and make widely available an electronic, online training course for members of the fire and emergency response community on matters relating to the administration of grants under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a). (b) Requirements.--The Administrator of the Federal Emergency Management Agency shall ensure that any training developed and made available under subsection (a) is-- (1) tailored to the financial and time constraints of members of the fire and emergency response community; and (2) accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community. SEC. 5. FRAMEWORK FOR OVERSIGHT AND MONITORING OF THE ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM, THE FIRE PREVENTION AND SAFETY GRANTS PROGRAM, AND THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT PROGRAM. (a) Framework.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United States Fire Administration, shall develop and implement a grant monitoring and oversight framework to mitigate and minimize risks of fraud, waste, abuse, and mismanagement relating to the grants programs under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a). (b) Elements.--The framework required by subsection (a) shall include the following: (1) Developing standardized guidance and training for all participants in the grant programs described in subsection (a). (2) Conduct of regular risk assessments. (3) Conducting desk reviews and site visits. (4) Enforcement actions to recoup potential questionable costs of grant recipients. (5) Such other oversight and monitoring tools as the Administrator of the Federal Emergency Management Agency considers necessary to mitigate and minimize fraud, waste, abuse, and mismanagement relating to the grant programs described in subsection (a).

AFG and SAFER Program Reauthorization Act of 2017 This bill amends the the Federal Fire Prevention and Control Act of 1974 to: (1) repeal the expiration dates of, and to reauthorize through FY2023, the Assistance to Firefighters Grants (AFG) Program, the Fire Prevention and Safety Grants (FPSG) Program, and the Staffing for Adequate Fire and Emergency Response Grant (SAFER) Program; and (2) authorize the use of AFG Program grants, instead of SAFER Program grants, to provide specialized training to first responders on how to recognize and properly intervene with individuals with mental illness. The SAFER Program is revised to permit the use of grants to change the status of part-time or paid-on-call firefighters to full-time firefighters. The United States Fire Administration (USFA) may develop and make widely available an electronic, online training course for members of the fire and emergency response community on matters related to the administration of AFG, FPSG, and SAFER grants. The Federal Emergency Management Agency (FEMA) shall ensure that any such training is: (1) tailored to the financial and time constraints of members of the fire and emergency response community; and (2) accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community. The USFA shall develop and implement a grant monitoring and oversight framework to mitigate and minimize risks of fraud, waste, abuse, and mismanagement relating to such grants programs.

AFG and SAFER Program Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Voices on TV Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The newly created class A television service provides valuable local and specialized television service to unserved and underserved audiences throughout the United States, and for that reason Congress enacted the Community Broadcasters Protection Act of 1999 to provide permanent broadcast licenses to television stations providing such service. (2) It was the purpose of the Community Broadcasters Protection Act of 1999 to provide continuing opportunities for low power television broadcast stations to qualify for and be granted class A licenses, especially where those licenses could provide local programming and local voices to underserved urban and rural communities. (3) This new television service was created seven years after the enactment of the Cable Television Consumer Protection and Competition Act of 1992 (Public Law 102-385), and while that Act includes licenses for class A television service under the provisions relating to low power broadcast television, it does not reflect the fact that such stations operate as full- service, commercial broadcast television stations under part 73 of title 47, Code of Federal Regulations (the rules of the Federal Communications Commission for full power television stations) and provide significant local programming to their underserved communities often equaling in duration that provided by the major networks in other small markets. (4) Thirteen of the largest 25 Hispanic markets in the United States receive Spanish language network programming through low power television stations. The provisions of the Cable Television Consumer Protection and Competition Act of 1992 that exclude from mandatory carriage on cable television any low power television broadcast station within the largest 160 Metropolitan Statistical Areas deny equitable cable carriage opportunities for such television stations and other television stations serving specialized and other underserved urban communities. (5) In 1992, Congress believed that requirements for mandatory carriage on cable television were necessary to ensure the benefits of the local origination of programming. Today, such provisions are also necessary to ensure the benefits of the local programming provided by qualified class A television stations. (6) Must-carry rights are often challenged on issues of signal quality and strength. If qualified class A television broadcast stations and other low power television stations use industry standard equipment in delivering signals to the cable headends, cable operators should accept any equipment provided and paid for by such television stations so long as acceptance of such equipment does not negatively impact the operation of cable systems. SEC. 3. CABLE TELEVISION CARRIAGE REQUIREMENTS REGARDING CLASS A LOCAL TELEVISION SERVICE. (a) In General.--Section 614 of the Communications Act of 1934 (47 U.S.C. 534) is amended-- (1) in subsection (b)(2)(A)-- (A) by inserting ``or qualified class A station'' after ``qualified low power station''; and (B) by inserting ``full power analog or digital'' after ``in lieu of a''; (2) in subsection (b)(4), by inserting ``and qualified low power stations'' after ``local commercial television stations'' each place it appears in subparagraphs (A) and (B); (3) in subsection (c)(1)-- (A) in subparagraph (A)-- (i) by inserting ``or one qualified class A station'' after ``qualified low power station''; and (ii) by striking ``and'' at the end; (B) by striking subparagraph (B) and inserting the following new subparagraphs (B) and (C): ``(B) a cable operator of a cable system with a capacity of more than 35 usable activated 6 mHz channels, but fewer than 72 such channels, shall be required to carry two stations that are either qualified class A stations or other qualified low power stations; and ``(C) a cable operator of a cable system with a capacity of 72 or more usable activated 6 mHz channels shall be required to carry three stations that are either qualified class A stations or other qualified low power stations.''; and (iii) by adding after subparagraph (C), as so added, the following new flush matter: ``If there are three or fewer commercial full power stations serving a designated market area that do not substantially retransmit the signal of another broadcast station, all qualified class A stations in the designated market area shall be granted carriage rights, except that the number of class A stations that a cable operator is required to carry under this sentence shall not exceed the national average number of broadcast stations that a cable operator is required to carry in television markets in the United States.''; and (4) in subsection (h)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) by inserting ``or qualified class A station'' after ``full power television broadcast station''; and (II) by inserting ``or granted'' after ``assigned to its community''; and (ii) in subparagraph (B)-- (I) in clause (i), by inserting ``(other than qualified class A stations)'' after ``low power television stations''; and (II) in clauses (ii) and (iii), by inserting ``or qualified low power station'' after ``television broadcast station''; and (B) by adding at the end the following new paragraph: ``(3) Qualified class a station.-- ``(A) In general.--The term `qualified class A station' means a class A television station, or a station certified as a class A television station under section 336(f)(1)(B), that-- ``(i) operates in accordance with part 73 of title 47, Code of Federal Regulations, as prescribed for class A licensed stations; ``(ii) regularly broadcasts-- ``(I) a minimum of 3 hours per week in the first year after the date of enactment of the Local Voices on TV Act of 2003, 5 hours per week in the second year after such date of enactment, and 8 hours per week in the third year after such date of enactment and thereafter, of local programming produced within the Grade B contour of such station; or ``(II) for a group of commonly controlled class A stations, a minimum of 3 hours per week in the first year after such date of enactment, 5 hours per week in the second year after such date of enactment, and 8 hours per week in the third year after such date of enactment and thereafter, of local programming produced within the grade B contour of the stations in such a group, but not to exceed the designated market area of the main studio of such a group; ``(iii) meets all obligations and requirements applicable to television broadcast stations under part 73 of title 47, Code of Federal Regulations, with respect to the broadcast of nonentertainment programming; programming and rates involving political candidates, election issues, controversial issues of public importance, editorials, and personal attacks; programming for children; and equal employment opportunity; and ``(iv) maintains a fully operational amber alert system, as part of a national missing person broadcast emergency response. ``(B) Main studio.--For purposes of subparagraph (A), the main studio of a qualified class A station, or group of stations, shall be located within the grade B contour of the qualified class A station, or group of stations, or within 15 miles of the city or cities of license, whichever is greater. ``(C) Market determinations.--For purposes of subparagraph (A), the market of a qualified class A station shall be determined by the grade B contour of such station or 35 miles from the cable system's headend, whichever is greater. However, the market of such a station shall be further adjusted to ensure cable carriage rights where 15 percent or more of the station's grade B contour is on a cable system's headend outside the grade B contour of that station or where previous service to a community was lost through digital television displacements or other spectrum reallocations since January 1, 1996.''. (b) Construction.--Nothing in the amendments to section 614 of the Communications Act of 1934 made by subsection (a) of this section shall diminish the must-carry rights of any class A or other low power television broadcast station outside the largest 160 Metropolitan Statistical Areas of the United States as of June 30, 1990. SEC. 4. IMPLEMENTATION OF COMMUNITY BROADCASTERS PROTECTION ACT OF 1999. (a) Regulations for Treatment of Low-Power Television Broadcast Stations as Class A Stations.-- (1) Deadline for regulations.--Not later than 12 months after the date of the enactment of this Act, the Federal Communications Commission shall prescribe regulations to implement the provisions of section 336(f)(2)(B) of the Communications Act of 1934 (47 U.S.C. 336(f)(2)(B)) that provide for the application and granting of new class A television licenses. Such regulations shall provide class A eligibility standards for low power stations that had valid licenses for such stations on December 29, 1999. (2) Satisfaction of public interest, convenience, and necessity.--The regulations under paragraph (1) shall require that the Commission consider, in determining whether the treatment of a low-power television station as a class A station would meet the public interest, convenience, and necessity, the extent to which the low-power television station would-- (A) advance the benefits of free over-the-air broadcast television; and (B) promote the widespread dissemination of information from a multiplicity of sources. (b) Acceptance of Applications of Advanced Television Services.-- Section 336(f)(4) of the Communications Act of 1934 (47 U.S.C. 336(f)(4)) is amended by inserting after the first sentence the following new sentence: ``The Commission shall promptly review each such license application, and if the Commission determines that the proposed facilities meet the requirements of the preceding sentence shall grant such license application not later than 60 days after the date of such determination.''.

Local Voices on TV Act of 2003 - Amends the Communications Act of 1934 to prohibit a cable television operator (operator) from carrying the signal of a qualified class A television station (a station that provides local and specialized service and meets certain other requirements) in lieu of a full power analog or digital local commercial station. Requires that, if there are not sufficient signals of full power local commercial stations to fill the channels set aside for local programming, an operator with a system capacity of 35 or fewer channels must carry one qualified low power station (current law) or one qualified class A station. Requires: (1) an operator with a system capacity of more than 35 but less than 72 channels to carry two stations that are either class A or low power stations; and (2) an operator with a system capacity of more than 72 channels to carry three that are either type of stations. Grants carriage rights to all qualified class A stations in a designated market area if there are three or fewer commercial full power stations serving that area that do not substantially retransmit the signal of another broadcast station.Requires the Federal Communications Commission (FCC) to prescribe regulations to implement provisions for the application and granting of new class A television licenses in accordance with the Community Broadcasters Protection Act of 1999. Directs the FCC to consider whether the treatment of a low-power station as a class A station would meet the public interest, convenience, and necessity.Requires prompt FCC review and determination with respect to applications of advanced television services.

To amend the Communications Act of 1934 to ensure equity for all full-service television broadcasters and ensure the benefits of local programming for communities served by class A television broadcast stations by providing cable carriage rights for qualified class A television stations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Liberty Protection Act of 1998''. SEC. 2. PROTECTION OF RELIGIOUS EXERCISE. (a) General Rule.--Except as provided in subsection (b), a government shall not substantially burden a person's religious exercise-- (1) in a program or activity, operated by a government, that receives Federal financial assistance; or (2) in or affecting commerce with foreign nations, among the several States, or with the Indian tribes; even if the burden results from a rule of general applicability. (b) Exception.--A government may substantially burden a person's religious exercise if the government demonstrates that application of the burden to the person-- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Funding Not Affected.--Nothing in this section shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act. (d) State Policy Not Commandeered.--A government may eliminate the substantial burden on religious exercise by changing the policy that results in the burden, by retaining the policy and exempting the religious exercise from that policy, or by any other means that eliminates the burden. (e) Definitions.--As used in this section-- (1) the term ``government'' means a branch, department, agency, instrumentality, subdivision, or official of a State (or other person acting under color of State law); (2) the term ``program or activity'' means a program or activity as defined in paragraph (1) or (2) of section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a); and (3) the term ``demonstrates'' means meets the burdens of going forward with the evidence and of persuasion. SEC. 3. ENFORCEMENT OF THE FREE EXERCISE CLAUSE. (a) Procedure.--If a claimant produces prima facie evidence to support a claim of a violation of the Free Exercise Clause, the government shall bear the burden of persuasion on all issues relating to the claim, except any issue as to the existence of the burden on religious exercise. (b) Land Use Regulation.-- (1) Limitation on land use regulation.--No government shall impose a land use regulation that-- (A) substantially burdens religious exercise, unless the burden is the least restrictive means to prevent substantial and tangible harm to neighboring properties or to the public health or safety; (B) denies religious assemblies a reasonable location in the jurisdiction; or (C) excludes religious assemblies from areas in which nonreligious assemblies are permitted. (2) Full faith and credit.--Adjudication of a claim of a violation of this subsection in a non-Federal forum shall be entitled to full faith and credit in a Federal court only if the claimant had a full and fair adjudication of that claim in the non-Federal forum. (3) Nonpreemption.--Nothing in this subsection shall preempt State law that is equally or more protective of religious exercise. (4) Nonapplication of other portions of this act.--Section 2 does not apply to land use regulation. SEC. 4. JUDICIAL RELIEF. (a) Cause of Action.--A person may assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by inserting ``the Religious Liberty Protection Act of 1998,'' after ``Religious Freedom Restoration Act of 1993,''; and (2) by striking the comma that follows a comma. (c) Prisoners.--Any litigation under this Act in which the claimant is a prisoner shall be subject to the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act). (d) Liability of Governments.-- (1) Liability of states.--A State shall not be immune under the 11th amendment to the Constitution from a civil action, for a violation of the Free Exercise Clause under section 3, including a civil action for money damages. (2) Liability of the united states.--The United States shall not be immune from any civil action, for a violation of the Free Exercise Clause under section 3, including a civil action for money damages. SEC. 5. RULES OF CONSTRUCTION. (a) Religious Belief Unaffected.--Nothing in this Act shall be construed to authorize any government to burden any religious belief. (b) Religious Exercise Not Regulated.--Nothing in this Act shall create any basis for regulation of religious exercise or for claims against a religious organization, including any religiously affiliated school or university, not acting under color of law. (c) Claims to Funding Unaffected.--Nothing in this Act shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this Act may require government to incur expenses in its own operations to avoid imposing a burden or a substantial burden on religious exercise. (d) Other Authority To Impose Conditions on Funding Unaffected.-- Nothing in this Act shall-- (1) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (2) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (e) Effect On Other Law.--Proof that a religious exercise affects commerce for the purposes of this Act does not give rise to any inference or presumption that the religious exercise is subject to any other law regulating commerce. (f) Severability.--If any provision of this Act or of an amendment made by this Act, or any application of such provision 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 provision to any other person or circumstance shall not be affected. SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED. Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the ``Establishment Clause''). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. As used in this section, the term ``granting'', used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions. SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT. (a) Definitions.--Section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-2) is amended-- (1) in paragraph (1), by striking ``a State, or subdivision of a State'' and inserting ``a covered entity or a subdivision of such an entity''; (2) in paragraph (2), by striking ``term'' and all that follows through ``includes'' and inserting ``term `covered entity' means''; and (3) in paragraph (4), by striking all after ``means,'' and inserting ``an act or refusal to act that is substantially motivated by a religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief.''. (b) Conforming Amendment.--Section 6(a) of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking ``and State''. SEC. 8. DEFINITIONS. As used in this Act-- (1) the term ``religious exercise'' means an act or refusal to act that is substantially motivated by a religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief; (2) the term ``Free Exercise Clause'' means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion and includes the application of that proscription under the 14th amendment to the Constitution; and (3) except as otherwise provided in this Act, the term ``government'' means a branch, department, agency, instrumentality, subdivision, or official of a State, or other person acting under color of State law, or a branch, department, agency, instrumentality, subdivision, or official of the United States, or other person acting under color of Federal law.

Religious Liberty Protection Act of 1998 - Prohibits a State (or any person acting under color of State law) from placing a substantial burden upon a person's religious exercise: (1) in a State-operated program or activity that receives Federal financial assistance; or (2) in or affecting international or interstate commerce. Declares that a State (or any person acting under color of State law) may substantially burden a person's religious exercise if such burden is: (1) in furtherance of a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest. Declares that nothing in this Act shall be construed to authorize the United States to deny or withhold Federal financial assistance as a remedy for a violation of this Act. (Sec. 3) Places upon a State the burden of persuasion on all issues relating to an alleged violation supported by prima facie evidence of the Free Exercise Clause. Prohibits a State from imposing a land use regulation that: (1) substantially burdens religious exercise; (2) denies religious assemblies a reasonable location; or (3) excludes religious assemblies from areas in which nonreligious assemblies are permitted. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Subjects both a State and the Federal Government to liability for a violation of the Free Exercise Clause, including a civil action for money damages. (Sec. 5) Emphasizes that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for the regulation of religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive State funding or assistance; (4) authorize State regulation of the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or in any way address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to repeal its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean an act or refusal to act that is substantially motivated by a religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief.

Religious Liberty Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Fishing and Hunting Heritage and Opportunities Act''. SEC. 2. FINDINGS. Congress finds that-- (1) recreational fishing and hunting are important and traditional activities in which millions of Americans participate; (2) recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the United States; (3) recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on Federal public lands and waters without adverse effects on other uses; (4) recreational anglers, hunters, and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the Federal Government as well as State and local governments by investing volunteer time and effort to fish and wildlife conservation; (5) recreational anglers, hunters, and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management by providing revenues from purchases of fishing and hunting licenses, permits, stamps, and excise taxes on fishing, hunting, and shooting equipment have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management; (6) recreational shooting is also an important and traditional activity in which millions of Americans participate and safe recreational shooting is a valid use of Federal public lands and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation; (7) opportunities to recreationally fish, hunt, and shoot are declining, which depresses participation in these traditional activities, and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts; and (8) the public interest would be served, and our citizens' fish and wildlife resources benefitted, as recognized by Executive Order 12962 as amended: Recreational Fisheries, and Executive Order 13443: Facilitation of Hunting Heritage and Wildlife Conservation, by action to ensure that opportunities are facilitated to engage in fishing and hunting on Federal public lands. SEC. 3. DEFINITIONS. In this Act: (1) Agency head.--The term ``agency head'' means the head of any Federal agency that has authority to manage Federal public land. (2) Chief.--The term ``Chief'' means the Chief of the Forest Service. (3) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (4) Federal public land.-- (A) In general.--The term ``Federal public land'' means any land or water that is-- (i) owned by the United States; and (ii) managed by a Federal agency (including the Department of the Interior and the U.S. Forest Service) for purposes that include the conservation of natural resources. (B) Exclusion.--The term ``Federal public land'' does not include any land or water held in trust for the benefit of-- (i) an Indian tribe; or (ii) a member of an Indian tribe. (5) Hunting.-- (A) In general.--The term ``hunting'' means the lawful-- (i) pursuit, shooting, capture, collection, trapping or killing of wildlife; or (ii) attempt to pursue, shoot, capture, collect, trap or kill wildlife. (B) Exclusion.--The term ``hunting'' does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law (including laws applicable to the National Park System)). (6) Recreational fishing.--The term ``recreational fishing'' means the lawful-- (A) pursuit, capture, collection, or killing of fish; or (B) attempt to capture, collect, or kill fish. (7) Recreational shooting.--The term ``recreational shooting'' means any form of shooting sport or pastime, formal or informal, including but not limited to target and practical rifle, pistol and shotgun shooting, archery, trap, skeet, and sporting clays. SEC. 4. RECREATIONAL FISHING, HUNTING AND SHOOTING. (a) In General.--Subject to valid existing rights and subsection (f), Federal public land management officials shall exercise their authority under existing law, including provisions regarding land use planning, to provide use of and access to Federal public lands and waters for fishing, sport hunting, and recreational shooting except as limited by-- (1) statutory authority which authorizes action or withholding action for reasons of national security, public safety or resource conservation; (2) any other Federal statute which specifically precludes recreational fishing, hunting or shooting on specific Federal public lands, waters or units thereof; and (3) discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (b) Management.--Consistent with subsection (a), each Federal public land management agency head shall exercise its land management discretion-- (1) in a manner that supports, promotes, and enhances recreational fishing, hunting, and shooting opportunities; (2) to the extent authorized under applicable State law; and (3) in accordance with applicable Federal law. (c) Bureau of Land Management and Forest Service Lands.-- (1) Lands open.--Lands under the jurisdiction of the Bureau of Land Management and the U.S. Forest Service, excluding lands on the Outer Continental Shelf, shall be open to recreational fishing, hunting, and shooting unless the managing agency acts to close lands to such activity. Lands may be subject to closures or restrictions if determined to be necessary and reasonable and supported by facts and evidence, for purposes including resource conservation, public safety, protection of historic or cultural values, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law. Publication of public notice shall precede any such closures or restrictions unless the closure or restriction is mandated by other law. (2) Shooting ranges.--Each agency may lease lands for shooting ranges if the lessees offer suitable assurances to remediate leased lands at the termination of the lease. Each agency may also designate specific lands for recreational shooting activities and such action shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands. (d) Planning.-- (1) Effect of plans.--Federal public land planning documents, including land resources management plans, resource management plans, travel management plans, general management plans, and comprehensive conservation plans, shall include sections that evaluate the effects of such plans on opportunities to engage in recreational fishing, hunting or shooting. (2) Use of volunteers.--If hunting is prohibited by law, all agency planning documents listed in subsection (c)(1) shall allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public lands unless the agency head demonstrates, based on the best scientific data available or applicable Federal statutes, why skilled volunteers shall not be used to control overpopulations of wildlife on the land that is the subject of the planning documents. (e) Annual Report.-- (1) In general.--Not later than October 1 of each year, each agency head with authority to manage Federal public land on which fishing, hunting, or recreational shooting occurs shall publish in the Federal Register and submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A) any Federal public land administered by the agency head that was closed to recreational fishing, sport hunting, or shooting at any time during the preceding year; and (B) the reason for the closure. (2) Closures or significant restrictions of 640 or more acres.--Other than closures under subsection (c), the withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more acres of Federal public lands or waters to access or use for fishing or hunting shall take effect only if, before the date of withdrawal or change, the agency head that has jurisdiction over the Federal public land publishes notice of the closure, withdrawal, or significant restriction, and submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal, change, or significant restriction. If the aggregate or cumulative effect of small closures or significant restrictions affects 640 or more acres, such small closures or significant restrictions shall be subject to these requirements. (f) Areas Not Affected.--Nothing in this Act requires the opening of national parks or national monuments under the jurisdiction of the National Park Service to hunting or recreational shooting. (g) No Priority.--Nothing in this Act requires a Federal agency to give preference to recreational fishing, hunting, or shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (h) Establishment of Councils.-- (1) Sport fishing and boating partnership council.--There is hereby established the Sport Fishing and Boating Partnership Council, as described in Executive Order 12962, as amended. (2) Sporting conservation council.--There is hereby established the Sporting Conservation Council, as referenced in Executive Order 13443 and described in its January 15, 2009, as amended charter. (3) Termination.--Each Council shall terminate 10 years after the date of the enactment of this Act. (4) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to support and sustain each Council. Funds may be used for programs and efforts to recruit new anglers, hunters, and recreational shooters and retain existing anglers, hunters, and recreational shooters. (i) Authority of the States.-- (1) Savings.--Nothing in this Act affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water in the State, including Federal public land. (2) Federal licenses.--Nothing in this Act authorizes an agency head to require a license or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the States.

Recreational Fishing and Hunting Heritage and Opportunities Act - Requires federal public land management officials to exercise their authority under existing law, including regarding land use planning, to provide for the use of, and access to, federal public lands and waters for fishing, sport hunting, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports, promotes, and enhances recreational fishing, hunting, and shooting opportunities, to the extent authorized under applicable law. States that Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, shall be open to recreational fishing, hunting, and shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such lands for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Requires publication of a public notice preceding any such closures or restrictions, unless mandated by other law. Requires annual reports on closures of federal public lands to recreational fishing, sport hunting, or shooting. Sets forth requirements for specified closures or significant restrictions involving 640 or more acres of federal public lands or waters to fishing or hunting. Establishes the Sport Fishing and Boating Partnership Council and the Sporting Conservation Council.

To recognize the heritage of recreational fishing, hunting, and shooting on Federal public lands and ensure continued opportunities for these activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Overpayment Fairness Act of 2009''. SEC. 2. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY AND ALLOWANCES ERRONEOUSLY PAID TO MEMBERS. (a) Maximum Monthly Percentage of Member's Pay Authorized for Deduction.--Paragraph (3) of subsection (c) of section 1007 of title 37, United States Code, is amended by striking ``20 percent'' and inserting ``10 percent''. (b) Consultation Regarding Deduction or Repayment Terms.--Such paragraph is further amended-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraph: ``(B) In all cases described in subparagraph (A), the Secretary concerned shall consult with the member regarding the repayment rate to be imposed under such subparagraph to recover the indebtedness, taking into account the financial ability of the member to pay and avoiding the imposition of an undue hardship on the member and the member's dependents.''. (c) Delay in Instituting Collections From Wounded or Injured Members.--Paragraph (4) of such subsection is amended to read as follows: ``(4) Unless a member of the uniformed services requests or consents to initiation of the collection of an overpayment of pay or allowances made to the member at an earlier date, if a member is injured or wounded by hostile fire, explosion of a hostile mine, or any other hostile action or, while in the line of duty, otherwise incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense, any overpayment of pay or allowances made to the member while the member recovers from the wound, injury, or illness may not be deducted from the member's pay until the later of-- ``(A) the end of the 180-day period beginning on the date of the completion of the tour of duty of the member in the combat operation or combat zone, if the member is not removed from the theater of operations for medical treatment; or ``(B) the end of the 90-day period beginning on the date of the reassignment of the member from a military treatment facility or other medical unit, if the member is removed from the theater of operations for treatment.''. (d) Imposition of Statute of Limitations on Seeking Repayment.-- Such subsection is further amended by adding at the end the following new paragraph: ``(5) The Secretary concerned may not deduct from the pay of a member of the uniformed services or otherwise recover, seek to recover, or assist in the recovery from a member or former member any overpayment of pay or allowances made to the member through no fault of the member unless the Secretary notifies the member of the indebtedness before the end of the five-year period beginning on the date on which the overpayment was made. If the notice is not provided before the end of such period, the Secretary concerned shall cancel the indebtedness of the member to the United States.''. (e) Expanded Discretion Regarding Remission or Cancellation of Indebtedness.-- (1) Army.--Section 4837(a) of title 10, United States Code, is amended by striking ``, but only if the Secretary considers such action to be in the best interest of the United States.'' and inserting ``if the Secretary determines that the person-- ``(1) relies on social security benefits or disability compensation under title 38 (or a combination thereof) for more than half of the person's annual income; or ``(2) would suffer an undue hardship in repaying the indebtedness.''. (2) Naval service.--Section 6161(a) of such title is amended by striking ``, but only if the Secretary considers such action to be in the best interest of the United States.'' and inserting ``if the Secretary determines that the person-- ``(1) relies on social security benefits or disability compensation under title 38 (or a combination thereof) for more than half of the person's annual income; or ``(2) would suffer an undue hardship in repaying the indebtedness.''. (3) Air force.--Section 9837(a) of such title is amended by striking ``, but only if the Secretary considers such action to be in the best interest of the United States.'' and inserting ``if the Secretary determines that the person-- ``(1) relies on social security benefits or disability compensation under title 38 (or a combination thereof) for more than half of the person's annual income; or ``(2) would suffer an undue hardship in repaying the indebtedness.''. (f) Effective Dates.-- (1) Reduced payment rate.--The amendment made by subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and apply to deductions made from the pay of members of the uniformed services for that month and subsequent months. (2) Other amendments.--The other amendments made by this section shall apply with respect to any indebtedness of a member of the uniformed services for the overpayment of pay or allowances made to the member through no fault of the member, whether incurred before, on, or after the date of the enactment of this Act.

Military Overpayment Fairness Act of 2009 - Reduces the maximum amount that may be deducted from the pay of a member of the Armed Forces for recovery of an overpayment of military pay paid to the member from 20% to 10% of the member's pay for that month (unless such member requests collection at an accelerated rate). Requires the Secretary of the military department concerned to consult with the member regarding the repayment rate, taking into account the financial ability of the member to pay and avoiding the imposition of undue hardship on the member and his or her dependents. Provides specified delays in collection of overpayments from members injured or wounded during hostile action or incurring a wound, injury, or illness during active duty in a combat operation or combat zone. Imposes a five-year statute of limitations on the collection of overpayments. Allows for the cancellation of repayment when the Secretary concerned determines that the person: (1) relies on social security benefits or disability compensation for more than half the person's annual income; or (2) would suffer undue hardship in repaying the indebtedness.

To amend titles 10 and 37, United States Code, to provide a more equitable process by which the military departments may recover overpayments of military pay and allowances erroneously paid to a member of the Armed Forces when the overpayment is due to no fault of the member, to expand Department discretion regarding remission or cancellation of indebtedness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Pornography Elimination Act of 2007''. SEC. 2. MANDATORY MINIMUM FOR POSSESSION OF CHILD PORNOGRAPHY. (a) Sexual Exploitation.--Section 2252(b)(2) of title 18, United States Code, is amended by striking ``or imprisoned not more than 10 years, or both'' and inserting ``and imprisoned not less than 2 years nor more than 15 years''. (b) Pornography.--Section 2252A(b)(2) of title 18, United States Code, is amended by striking ``or imprisoned not more than 10 years, or both'' and inserting ``and imprisoned not less than 2 years nor more than 15 years''. SEC. 3. STRENGTHENING SECTION 13032 OF TITLE 42, UNITED STATES CODE, TO ENSURE THAT CHILD PORNOGRAPHY IS EFFECTIVELY REPORTED. Section 227(b)(2) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended to read as follows: ``(4) Failure to report.-- ``(A) Knowingly.--A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly and willfully fails to make a report under that paragraph shall be fined-- ``(i) in the case of an initial failure to make a report, not more than $150,000; and ``(ii) in the case of any second or subsequent failure to make a report, not more than $300,000. ``(B) Negligently.--A provider of electronic communication services or remote computing services described in paragraph (1) who negligently fails to make a report under that paragraph shall be subject to a civil penalty of-- ``(i) in the case of an initial failure to make a report, not more than $50,000; and ``(ii) in the case of any second or subsequent failure to make a report, not more than $100,000. ``(C) FCC authority.--For the purposes of this paragraph, the Federal Communications Commission shall have the authority to levy civil penalties and shall promulgate regulations, in consultation with the Attorney General, to effectuate the purposes of this paragraph and to provide for appropriate administrative review of any civil penalties levied thereunder.''. SEC. 4. KNOWINGLY ACCESSING CHILD PORNOGRAPHY. Section 2252(a) of title 18, United States Code, is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by inserting after ``possesses,'' the following: ``or knowingly accesses with intent to view,''; (B) in subparagraph (B), by inserting after ``possesses,'' the following: ``or knowingly accesses with intent to view,''; and (2) in paragraph (5)-- (A) in subparagraph (A), by inserting after ``possesses,'' the following: ``or knowingly accesses with intent to view,''; and (B) in subparagraph (B), by inserting after ``possesses,'' the following: ``or knowingly accesses with intent to view,''. SEC. 5. CONSPIRACY PROVISION FOR CHAPTER 77 OFFENSES. Section 1594(a) of title 18, United States Code, is amended by inserting after ``attempts'' the following: ``or conspires to''. SEC. 6. MANDATORY RESTITUTION FOR CERTAIN CHILD SEX OFFENSES. (a) In General.--Chapter 117 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2429. Mandatory restitution ``(a) In General.--Notwithstanding section 3663 or 3663A of this title, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. ``(b) Scope and Nature of Order.-- ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2). ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A. ``(3) Definition.--For purposes of this subsection, the term `full amount of the victim's losses' includes any costs incurred by the victim for-- ``(A) medical services relating to physical, psychiatric, or psychological care as a proximate result of the offense; ``(B) physical and occupational therapy or rehabilitation as a proximate result of the offense; ``(C) necessary transportation, temporary housing, and child care expenses as a proximate result of the offense; ``(D) lost income as a proximate result of the offense; ``(E) attorney's fees, as well as other costs incurred as a proximate result of the offense; and ``(F) any other losses suffered by the victim as a proximate result of the offense. ``(4) Order mandatory.-- ``(A) In general.--The issuance of a restitution order under this section is mandatory. ``(B) Consideration.--A court may not decline to issue an order under this section because of-- ``(i) the economic circumstances of the defendant; or ``(ii) the fact that a victim has received, or is entitled to receive, compensation for his or her injuries from the proceeds of insurance or any other source. ``(c) Definition.--For purposes of this section, the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.''. (b) Chapter Analysis.--The chapter analysis etc. SEC. 7. AMEND DEFINITION OF ILLICIT SEXUAL CONDUCT. Section 2423(f) of title 18, United States Code, is amended by-- (1) striking ``or''; and (2) striking the period at the end of the subsection and inserting ``; or (3) production of child pornography, as defined in section 2256(8).''. SEC. 8. EXPAND THE USE OF THE SEX TRAFFICKING STATUTE. (a) Sexual Exploitation.--Section 2252(b)(2) of title 18, United States Code, is amended by inserting after ``this chapter,'' the following: ``section 1591,''. (b) Pornography.--Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after ``this chapter,'' the following: ``section 1591,''. (c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United States Code, is amended by-- (1) striking ``or following 109A,''; and (2) inserting after ``chapter 110'' the following ``or section 1591''. (d) Release and Detention.--Section 3156(a)(4)(C) of title 18, United States Code, is amended by inserting after ``117'' the following: ``, or section 1591''. (e) Administrative Subpoenas.--Section 3486(a)(1)(D) of title 18, United States Code, is amended by inserting after ``1201,'' the following: ``1591,''.

Child Pornography Elimination Act of 2007 - Amends the federal criminal code to: (1) impose a mandatory minimum prison term of two years for possession of child pornography and increase to 15 years the maximum prison term for such crime; (2) increase fines for the intentional failure of Internet service providers to report online child pornography and to impose a new fine for negligent failure to report; (3) make it a crime to knowingly access with intent to view child pornography; (4) prohibit conspiracies to commit human trafficking crimes; (5) expand and make mandatory restitution for certain child sex offenses; (6) include production of child pornography within the definition of "illicit sexual conduct" for purposes of the crime of transporting minors with the intent to engage in criminal sexual activity; and (7) make the prohibition against sex trafficking of children applicable to prosecutions of child pornographers and repeat offenders.

To eliminate child pornography.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Coasts and Efficient Cars Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) according to the Energy Information Administration, opening all areas in the Pacific, Atlantic, Eastern Gulf of Mexico, and Central Gulf of Mexico Regions of the outer Continental Shelf that were subject to a moratorium that expired in 2008 to drilling would-- (A) save consumers only 3 cents per gallon of gas in 2030; and (B) produce an estimated 500,000 barrels of oil per day by 2030; (2) fuel economy standards that achieve 35.5 miles per gallon by 2016, are projected to save-- (A) consumers the equivalent of $1 per gallon of gas by 2030; and (B) 2,000,000 barrels per day of oil by 2030; (3) increasing fuel economy to 55 miles per gallon by 2030 would-- (A) save consumers the equivalent of $1.43 or more per gallon of gas by 2030; and (B) save 3,900,000 barrels of oil per day by 2030, and 1,423,500,000 barrels of oil annually in 2030; (4) the oil disaster in the Gulf of Mexico stemming from the incident at the Deepwater Horizon rig has led to-- (A) the loss of life; (B) the release of an estimated hundreds of thousands of gallons of oil into the Gulf of Mexico every day since the April 20, 2010, disaster; and (C) an environmental cleanup and economic damages estimated to cost tens of billions of dollars; (5) the limited benefits of continued offshore drilling are outweighed by the substantial risks of offshore drilling; (6) there are cleaner and safer ways to reduce the price of gasoline than offshore drilling, such as strong fuel economy standards; (7) China-- (A) already achieves a fuel economy standard of 36.8 miles per gallon for new passenger vehicles; and (B) is raising fuel economy to more than 42 miles per gallon by 2015; and (8) in Japan and in Europe current fuel economy standards are higher than 42 miles per gallon. SEC. 3. PROHIBITION OF OIL AND GAS LEASING IN THE PACIFIC, ATLANTIC, EASTERN GULF OF MEXICO, AND CENTRAL GULF OF MEXICO REGIONS. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Prohibition of Oil and Gas Leasing in the Atlantic, Pacific, Eastern Gulf of Mexico, and Central Gulf of Mexico Regions.-- Notwithstanding any other provision of this Act or any other law, the Secretary shall not issue a lease or permit for the exploration, development, or production of oil or natural gas in-- ``(1) the Pacific Region of the outer Continental Shelf; ``(2) the Atlantic Region of the outer Continental Shelf; or ``(3) the areas in the Gulf of Mexico described in section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432).''. SEC. 4. FUEL ECONOMY AND MOTOR VEHICLE EMISSION STANDARDS. (a) Fuel Economy Standards.--Section 32902(b)(2)(B) of title 49, United States Code, is amended to read as follows: ``(B) Automobile fuel economy average for model years 2017 through 2030.--The Secretary shall prescribe an average fuel economy standard for passenger and non- passenger automobiles for each model year beginning with model year 2017 to achieve a combined fuel economy average for model year 2030 of at least 55 miles per gallon for the total fleet of passenger and non- passenger automobiles manufactured for sale in the United States for that model year (excluding light-duty vehicles that draw motive power from a battery with a capacity larger than 4 kilowatt-hours).''. (b) Motor Vehicle Emission and Fuel Economy Standards.--In accordance with section 202 of the National Emission Standards Act (42 U.S.C. 7521) and section 32902 of title 49, United States Code, the Administrator of the Environmental Protection Agency, in collaboration with the Administrator of the National Highway Transportation Safety Administration, and in consultation with the State of California and representatives of the automotive industry and other relevant parties, shall ensure continued progress in significantly improving motor vehicle fuel efficiency and reducing greenhouse gas emissions by setting motor vehicle emission and fuel economy standards for model year 2017 and subsequent model years that reflect the greatest emission reductions and fuel efficiency improvement achievable through the application of technology that the Administrators determine will be available for the model year to which the standards apply, considering the costs associated with the application of the technology and other factors, as appropriate.

Clean Coasts and Efficient Cars Act of 2010 - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease or permit for the exploration, development, or production of oil or natural gas in: (1) the Pacific and Atlantic Regions of the outer Continental Shelf; or (2) certain areas in the Gulf of Mexico. Replaces current fuel economy standards for automobiles for model years 2021 through 2030 with new standards for model years 2017 through 2030. Requires the Secretary of Transportation to prescribe an average fuel economy standard for passenger and non-passenger automobiles for each model year beginning with model year 2017 to achieve a combined fuel economy average for model year 2030 of at least 55 miles per gallon for the total fleet of passenger and non-passenger automobiles manufactured for sale in the United States for that model year (excluding light-duty vehicles that draw motive power from a battery with a capacity larger than 4 kilowatt-hours). Directs the Administrator of the Environmental Protection Agency (EPA), in collaboration with the Administrator of the National Highway Transportation Safety Administration (NHTSA), to ensure continued progress in significantly improving motor vehicle fuel efficiency and reducing greenhouse gas emissions by setting motor vehicle emission and fuel economy standards for model year 2017 and subsequent model years that reflect the greatest emission reductions and fuel efficiency improvement achievable through the application of technology that will be available for the model year to which the standards apply, considering the costs associated with the application of technology and other appropriate factors.

A bill to prohibit the leasing of the Pacific, Atlantic, Eastern Gulf of Mexico, and Central Gulf of Mexico Regions of the outer Continental Shelf and to increase fuel economy standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Central Contractor Registry Act of 2004''. SEC. 2. CENTRAL CONTRACTOR REGISTRY DATABASE. (a) Authority.--Chapter 137 of title 10, United States Code, is amended by inserting after section 2302d the following new section: ``Sec. 2302e. Central contractor registry ``(a) Establishment.--The Secretary of Defense shall maintain a centralized, electronic database for the registration of sources of property and services who seek to participate in contracts and other procurements entered into by the various procurement officials of the United States. The database shall be known as the `Central Contractor Registry'. ``(b) Taxpayer Information.--(1) The Central Contractor Registry shall include the following tax-related information for each source registered in that registry: ``(A) Each of that source's taxpayer identification numbers. ``(B) The source's authorization for the Secretary of Defense to obtain from the Commissioner of Internal Revenue-- ``(i) verification of the validity of each of that source's taxpayer identification numbers; and ``(ii) in the case of any of such source's registered taxpayer identification numbers that is determined invalid, the correct taxpayer identification number (if any). ``(2)(A) The Secretary of Defense shall require each source, as a condition for registration in the Central Contractor Registry, to provide the Secretary with the information and authorization described in paragraph (1). ``(B) The Secretary shall-- ``(i) warn each source seeking to register in the Central Contractor Registry that the source may be subject to backup for a failure to submit each such number to the Secretary; and ``(ii) take the actions necessary to initiate the backup withholding in the case of a registrant who fails to register each taxpayer identification number valid for the registrant and is subject to the backup withholding requirement. ``(3) A source registered in the Central Contractor Registry is not eligible for a contract entered into under this chapter or title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) if that source-- ``(A) has failed to provide the authorization described in paragraph (1)(B); ``(B) has failed to register in that registry all valid taxpayer identification numbers for that source; or ``(C) has registered in that registry an invalid taxpayer identification number and fails to correct that registration. ``(4)(A) The Secretary of Defense shall make arrangements with the Commissioner of Internal Revenue for each head of an agency within the Department of Defense to participate in the taxpayer identification number matching program of the Internal Revenue Service. ``(B) The Commissioner of Internal Revenue shall cooperate with the Secretary of Defense to determine the validity of taxpayer identification numbers registered in the Central Contractor Registry. As part of the cooperation, the Commissioner shall promptly respond to a request of the Secretary of Defense or the head of an agency within the Department of Defense for electronic validation of a taxpayer identification number for a registrant by notifying the Secretary or head of an agency, respectively, of-- ``(i) the validity of that number; and ``(ii) in the case of an invalid taxpayer identification number, any correct taxpayer identification number for such registrant that the Commissioner can promptly and reasonably determine. ``(C) The Secretary shall transmit to a registrant a notification of each of the registrant's taxpayer identification numbers, if any, that is determined invalid by the Commissioner of Internal Revenue and shall provide the registrant with an opportunity to substitute a valid taxpayer identification number. ``(5) The Secretary of Defense shall require that, at the place in the Central Contractor Registry where the taxpayer identification numbers of a registrant are to be displayed, the display bear (as applicable)-- ``(A) for each taxpayer identification number of that registrant, an indicator of whether such number has been determined valid, is being reviewed for validity, or has been determined invalid; or ``(B) an indicator that no taxpayer identification number is required for the registrant. ``(6) This subsection applies to each source who registers any information regarding that source in the Central Contractor Registry after December 31, 2004, except that paragraphs (1), (2), and (3) do not apply to a source who establishes to the satisfaction of the Secretary of Defense that such source is not required to have a taxpayer identification number. ``(c) Confidentiality of Information.--The Secretary of Defense shall ensure that taxpayer identification numbers in the Central Contractor Registry are not made available to the public. The Secretary shall prescribe a requirement for procurement officials of the United States having access to such numbers in that registry to maintain the confidentiality of those numbers.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2302d the following new item: ``2302e. Central Contractor Registry.''.

Central Contractor Registry Act of 2004 - Directs the Secretary of Defense to maintain a centralized, electronic database, to be known as the Central Contractor Registry, for the registration of sources of property and services (contractors) who seek to participate in contracts and other procurements entered into by various Federal procurement officials. Requires the Registry to include certain tax-related information for each contractor, including their taxpayer identification numbers and authorization for the Secretary of Defense to obtain verification of such numbers from the Commissioner of Internal Revenue. Makes contractors who do not register such information, or who register invalid information, ineligible for contracts entered into under the Federal Property and Administrative Services Act of 1949.

A bill to amend title 10, United States Code, to require the registration of contractors' taxpayer identification numbers in the Central Contractor Registry database of the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Safety Net Enhancement Act of 2013''. SEC. 2. CONSTITUTIONAL AUTHORITY. The constitutional authority upon which this Act rests is the power of the Congress to provide for the general welfare, to regulate commerce, and to make all laws which shall be necessary and proper for carrying into execution Federal powers, as enumerated in section 8 of article I of the Constitution of the United States. SEC. 3. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED PURSUANT TO EMTALA. Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)) is amended-- (1) in paragraph (4), by striking ``An entity'' and inserting ``Subject to paragraph (6), an entity''; and (2) by adding at the end the following: ``(6)(A) For purposes of this section-- ``(i) an entity described in subparagraph (B) shall be considered to be an entity described in paragraph (4); and ``(ii) the provisions of this section shall apply to an entity described in subparagraph (B) in the same manner as such provisions apply to an entity described in paragraph (4), except that-- ``(I) notwithstanding paragraph (1)(B), the deeming of any entity described in subparagraph (B), or of an officer, governing board member, employee, contractor, or on-call provider of such an entity, to be an employee of the Public Health Service for purposes of this section shall apply only with respect to items and services that are furnished to an individual pursuant to section 1867 of the Social Security Act and to post stabilization services (as defined in subparagraph (D)) furnished to such an individual; ``(II) nothing in paragraph (1)(D) shall be construed as preventing a physician or physician group described in subparagraph (B)(ii) from making the application referred to in such paragraph or as conditioning the deeming of a physician or physician group that makes such an application upon receipt by the Secretary of an application from the hospital or emergency department that employs or contracts with the physician or group, or enlists the physician or physician group as an on-call provider; ``(III) notwithstanding paragraph (3), this paragraph shall apply only with respect to causes of action arising from acts or omissions that occur on or after January 1, 2014; ``(IV) paragraph (5) shall not apply to a physician or physician group described in subparagraph (B)(ii); ``(V) the Attorney General, in consultation with the Secretary, shall make separate estimates under subsection (k)(1) with respect to entities described in subparagraph (B) and entities described in paragraph (4) (other than those described in subparagraph (B)), and the Secretary shall establish separate funds under subsection (k)(2) with respect to such groups of entities, and any appropriations under this subsection for entities described in subparagraph (B) shall be separate from the amounts authorized by subsection (k)(2); ``(VI) notwithstanding subsection (k)(2), the amount of the fund established by the Secretary under such subsection with respect to entities described in subparagraph (B) may exceed a total of $10,000,000 for a fiscal year; and ``(VII) subsection (m) shall not apply to entities described in subparagraph (B). ``(B) An entity described in this subparagraph is-- ``(i) a hospital or an emergency department to which section 1867 of the Social Security Act applies; and ``(ii) a physician or physician group that is employed by, is under contract with, or is an on-call provider of such hospital or emergency department, to furnish items and services to individuals under such section. ``(C) For purposes of this paragraph, the term `on-call provider' means a physician or physician group that-- ``(i) has full, temporary, or locum tenens staff privileges at a hospital or emergency department to which section 1867 of the Social Security Act applies; and ``(ii) is not employed by or under contract with such hospital or emergency department, but agrees to be ready and available to provide services pursuant to section 1867 of the Social Security Act or post- stabilization services to individuals being treated in the hospital or emergency department with or without compensation from the hospital or emergency department. ``(D) For purposes of this paragraph, the term `post stabilization services' means, with respect to an individual who has been treated by an entity described in subparagraph (B) for purposes of complying with section 1867 of the Social Security Act, services that are-- ``(i) related to the condition that was so treated; and ``(ii) provided after the individual is stabilized in order to maintain the stabilized condition or to improve or resolve the condition of the individual. ``(E)(i) Nothing in this paragraph (or in any other provision of this section as such provision applies to entities described in subparagraph (B) by operation of subparagraph (A)) shall be construed as authorizing or requiring the Secretary to make payments to such entities, the budget authority for which is not provided in advance by appropriation Acts. ``(ii) The Secretary shall limit the total amount of payments under this paragraph for a fiscal year to the total amount appropriated in advance by appropriation Acts for such purpose for such fiscal year. If the total amount of payments that would otherwise be made under this paragraph for a fiscal year exceeds such total amount appropriated, the Secretary shall take such steps as may be necessary to ensure that the total amount of payments under this paragraph for such fiscal year does not exceed such total amount appropriated.''.

Health Care Safety Net Enhancement Act of 2013 - Amends the Public Health Service Act to deem a hospital or an emergency department and a physician or physician group of such hospital or emergency department to be an employee of the Public Health Service for purposes of any civil action that may arise due to providing emergency and post-stabilization services on or after January 1, 2014.

Health Care Safety Net Enhancement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Relisting Act of 1995''. SEC. 2. REQUIREMENT TO REVIEW SPECIES. (a) Requirement.--Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following new subsection: ``(j) Petition and Review Required for Certain Species To Be Listed.-- ``(1) In general.--After the end of the 12-month period beginning on the date of enactment of the Endangered Species Relisting Act of 1995, a covered species shall not be considered to be an endangered species or threatened species for purposes of this Act and shall not be included or considered to be included in any list published under subsection (c) unless before the end of such 12-month period either-- ``(A) in the case of a species described in paragraph (4)(A), a petition is filed under section 553(e) of title 5, United States Code, to relist that species on such list and the review of such petition is completed by the Secretary according to the criteria set forth in subsection (k); or ``(B) in response to a petition or on the Secretary's own initiative, the Secretary determines in accordance with paragraph (2) that the species is certain to become extinct, or will be placed on an irreversible course to extinction, over the 24-month period beginning on the date of the determination. ``(2) Emergency listing requirements.-- ``(A) A determination under paragraph (1)(B) must be based on the best scientific and commercial data available, and must be subject to comment, after publication in the Federal Register, for a period of 60 days, prior to taking effect. ``(B) The Secretary may utilize information contained in a recovery plan developed prior to the date of the enactment of the Endangered Species Relisting Act of 1995 with respect to a species, in making a determination under paragraph (1)(B). ``(C) A determination of the Secretary under paragraph (1)(B)-- ``(i) shall be published in the Federal Register; ``(ii) shall contain a response to all comments filed under subparagraph (B); and ``(iii) shall be subject to judicial review. ``(D) After the end of the 24-month period beginning on the date the Secretary publishes a determination under paragraph (1)(B) for a species, the species shall not be considered to be an endangered species or threatened species for purposes of this Act and shall not be included or considered to be included in any list published under subsection (c), unless before the end of that period the Secretary determines in accordance with subsections (a), (b), and (c) to add the species to such a list. ``(3) Annual reports.--Not later than 1 year after the date of the enactment of the Endangered Species Relisting Act of 1995 and annually thereafter, the Secretary shall submit a report to the Congress on the implementation of this subsection, including on progress made in considering petitions referred to in paragraph (1) (A) and (B). ``(4) Covered species defined.--In this subsection the term `covered species' means a species-- ``(A) which on the date of enactment of the Endangered Species Relisting Act of 1995 is included in a list published under subsection (c); or ``(B) for which a notice is published under subsection (b)(5)(A)(i) before that date of enactment.''. (b) Conforming Amendment.--Section 4(b)(3)(A) of such Act (16 U.S.C. 1533(b)(3)(A)) is amended in the first sentence by inserting ``, to relist a species on,'' after ``add a species to,''. SEC. 3. PEER REVIEW REQUIREMENT. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is further amended by adding at the end the following new subsection: ``(k) Peer Review Requirements.-- ``(1) Requirements.--The Secretary-- ``(A) may not take any action described in paragraph (2) based on any data, result, or determination unless the data, result, or determination has undergone peer review in accordance with subparagraph (B); and ``(B) shall submit to peer review, by at least 3 independent reviewers selected by the Secretary from among individuals recommended by the National Academy of Sciences-- ``(i) all data, results, and determinations that are the basis of an action described in paragraph (2), and ``(ii) all data that is timely submitted to the Secretary by any person likely to be affected by an action described in paragraph (2), and that the Secretary determines to be of substantial scientific value. ``(2) Actions described.--The actions referred to in paragraph (1) are the following: ``(A) The inclusion of a species in, retention of a species on, or removal of a species from a list published under subsection (c). ``(B) The development, revision, approval, or implementation of a recovery plan under subsection (f). ``(3) Publication.--The Secretary shall publish-- ``(A) the results of any peer review conducted under paragraph (1); and ``(B) in the case of peer review conducted under paragraph (1) for an action described in paragraph (2), all other materials that are relevant to the decision to take the action. ``(4) Obtaining recommendations.--The Secretary shall-- ``(A) take appropriate action to obtain from the National Academy of Sciences recommendations of individuals to perform peer review under paragraph (1)(B); and ``(B) in the case of economic analyses, consult with appropriate scientific board to obtain recommendations of individuals with economic expertise to perform peer review under paragraph (1)(B).''. SEC. 4. DEADLINE FOR DEVELOPMENT OF RECOVERY PLANS. Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following new paragraph: ``(6) The Secretary shall-- ``(A) begin developing a recovery plan required for a species under paragraph (1) and publish notice of the intent of the Secretary to develop such a plan, before the end of the 30-day period beginning on the date the Secretary publishes notice of the listing of the species under subsection (c); and ``(B) issue such a plan in final form, or submit to the appropriate committees of the Congress the reasons why such a plan has not been issued, before the end of the 12-month period beginning on the date of publication of such notice. ``(7)(A) Any person affected by the listing of a species under subsection (c) may submit a proposed recovery plan for the species to the Secretary. The Secretary, in the notice required under paragraph (6)(A), shall encourage submission of such proposed recovery plans. ``(B) For any species for which one or more proposed recovery plans are submitted under subparagraph (A) that would adequately promote the conservation and survival of a species, the Secretary shall adopt as the final recovery plan required for the species under this subsection the proposed plan that, among all proposed plans submitted, would-- ``(i) impose the lowest costs on persons affected by the plan; ``(ii) to the greatest extent possible, apply to more than one species; and ``(iii) not result in a prohibition of use of the land or water for other purposes.''. SEC. 5 INCIDENTAL TAKE IN COURSE OF NORMAL ACTIVITIES. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is further amended by adding at the end the following new subsection: ``(l) Incidental Take.-- ``(1) In general.--Notwithstanding the provisions of section 9(a), a taking that occurs in the course of an activity described in paragraph (2) is not prohibited by this Act if the taking is de minimis in nature and merely incidental to the activity. ``(2) Covered activities.--The activities referred to in paragraph (1) are the following: ``(A) Any action by a State or local government agency to respond to, prevent, or mitigate an emergency. ``(B) Operation, repair, or minor alteration of an existing facility. ``(C) Construction of a minor structure adjacent to an existing facility. ``(D) Clearing of land adjacent to an existing structure to comply with a fire code, or to reasonably protect property. ``(E) Use of land for agricultural production, or, if previously zoned for agricultural production, for any use not more intensive than agricultural activity. ``(F) Any action reasonably needed to protect a human from injury or death. ``(G) Any other lawful activity that is approved by a State or local government.''.

Endangered Species Relisting Act of 1995 - Amends the Endangered Species Act of 1973 to provide that a covered species shall not be considered to be an endangered or threatened species for purposes of such Act unless: (1) in the case of a species which is included in a list of endangered or threatened species on the date of this Act's enactment, a petition is filed to relist that species on such list and the review of such petition is completed by the Secretary of the Interior according to specified criteria; or (2) in response to a petition or on the Secretary's own initiative, the Secretary determines in accordance with specified requirements that the species is certain to become extinct or will be placed on an irreversible course to extinction over the 24-month period beginning on the date of the determination. Requires that such a determination be based on the best scientific and commercial data available and be subject to comment after publication in the Federal Register for 60 days prior to taking effect. Authorizes the Secretary to utilize information contained in a recovery plan developed prior to this Act's enactment with respect to a species in making such a determination. Makes such a determination subject to judicial review. Sets forth annual reporting requirements for the Secretary. Prohibits the Secretary from taking any action with respect to the inclusion of a species in, retention of a species on, or removal of a species from the list or the development, revision, approval, or implementation of a recovery plan based on any data, result, or determination (data) which has not undergone peer review. Requires the Secretary to submit to peer review (by at least three independent reviewers selected by the Secretary from among individuals recommended by the National Academy of Sciences (NAS)) all data that are the basis of such an action and all data that is timely submitted to the Secretary by any person likely to be affected by the Secretary's action. Directs the Secretary to: (1) publish the results of any such peer review and all materials relevant to a decision to take action; and (2) obtain recommendations of individuals to perform peer review from the NAS and, in the case of economic analyses, from the appropriate scientific board. Sets deadlines for the development of recovery plans. Requires the Secretary, for any species for which one or more proposed recovery plans are submitted that would adequately promote the conservation and survival of a species, to adopt the plan that would impose the lowest costs on persons affected by the plan, apply to more than one species, and not result in a prohibition of use of the land or water for other purposes. Specifies that a taking that occurs in the course of specified activities (such as any action by a State or local government agency to respond to, prevent, or mitigate an emergency and any lawful activity that is approved by a State or local government) is not prohibited by the Act if the taking is de minimis in nature and merely incidental to the activity.

Endangered Species Relisting Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bolster Our Energy Security for Tomorrow Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Applicant.--The term ``applicant'' means a person who is seeking a Federal refinery authorization. (3) Base closure law.--The term ``base closure law'' means-- (A) the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note; part A of title XXIX of Public Law 101-510); and (B) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note; Public Law 100-526). (4) Biomass.--The term ``biomass'' has the meaning given the term in section 932(a) of the Energy Policy Act of 2005 (42 U.S.C. 16232(a)). (5) Closed military installation.--The term ``closed military installation'' means a military installation closed or approved for closure pursuant to a base closure law. (6) Federal refinery authorization.-- (A) In general.--The term ``Federal refinery authorization'' means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery. (B) Inclusions.--The term ``Federal refinery authorization'' includes any permit, license, special use authorization, certification, opinion, or other approval required under Federal law with respect to siting, construction, expansion, or operation of a refinery. (7) Refinery.--The term ``refinery'' means-- (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process (including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, or any combination thereof) in order to produce gasoline or distillate; (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process (including liquefaction) in order to produce gasoline or diesel as its primary output; or (C) a facility designed and operated to receive, load, unload, store, transport, process (including biochemical, photochemical, and biotechnology processes), and refine biomass in order to produce biofuel. (8) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 3. STATE ASSISTANCE. (a) State Assistance.--At the request of a chief executive officer of a State, the Administrator may provide financial assistance to the State to facilitate the hiring of additional personnel to assist the State with expertise in fields relevant to consideration of Federal refinery authorizations. (b) Other Assistance.--At the request of a chief executive officer of a State, a Federal agency responsible for a Federal refinery authorization shall provide technical, legal, or other nonfinancial assistance to the State to facilitate the consideration by the State of Federal refinery authorizations. SEC. 4. REFINERY PROCESS COORDINATION AND PROCEDURES. (a) Appointment of Federal Coordinator.-- (1) In general.--The President shall appoint a Federal coordinator to perform the responsibilities assigned to the Federal coordinator under this Act. (2) Other agencies.--Each Federal or State agency or official that is responsible for a Federal refinery authorization shall cooperate with the Federal coordinator. (b) Federal Refinery Authorizations.-- (1) Meeting participants.-- (A) In general.--Not later than 30 days after receiving a notification from an applicant that the applicant is seeking a Federal refinery authorization pursuant to Federal law, the Federal coordinator appointed under subsection (a) shall convene a meeting of representatives from all Federal and State agencies responsible for a Federal refinery authorization with respect to the refinery. (B) State agencies.--The chief executive officer of a State shall identify each agency of the State that is responsible for a Federal refinery authorization with respect to the refinery. (2) Memorandum of agreement.-- (A) In general.--Not later than 90 days after receipt of a notification described in paragraph (1), the Federal coordinator and the other participants at a meeting convened under paragraph (1) shall enter into a memorandum of agreement setting forth the most expeditious coordinated schedule practicable for completion of all Federal refinery authorizations with respect to the refinery, consistent with the full substantive and procedural review required under Federal law. (B) Absent agencies.--If a Federal or State agency responsible for a Federal refinery authorization with respect to the refinery is not represented at the meeting, the Federal coordinator shall ensure that the schedule accommodates the Federal refinery authorization, consistent with Federal law. (C) Conflicting requirements.--If a conflict arises among Federal refinery authorization scheduling requirements, the requirements of the Environmental Protection Agency shall be given priority. (D) Publication.--Not later than 15 days after completing the memorandum of agreement, the Federal coordinator shall publish the memorandum of agreement in the Federal Register. (E) Administration.--The Federal coordinator shall, to the maximum extent practicable-- (i) ensure that all parties to the memorandum of agreement are working in good faith to carry out the memorandum of agreement; and (ii) facilitate the implementation of the schedule established in the memorandum of agreement. (c) Consolidated Record.-- (1) In general.--The Federal coordinator shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made and actions taken by the Federal coordinator or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. (2) Judicial record.-- (A) In general.--Subject to subparagraph (B), the record shall be the record for judicial review under subsection (d) of a decision made or action taken by a Federal or State administrative agency or official under this section. (B) Remand for further development.--If the court determines that the record does not contain sufficient information, the court may remand the proceeding to the Federal coordinator for further development of the consolidated record. (d) Remedies.-- (1) In general.--The United States district court for the district in which the refinery is located or proposed to be located shall have exclusive jurisdiction over any civil action for the review of the failure of an agency or official to act on a Federal refinery authorization in accordance with the schedule established pursuant to the memorandum of agreement. (2) Standing.--If an applicant or a party to a memorandum of agreement alleges that a failure to act described in paragraph (1) has occurred and that the failure to act would jeopardize timely completion of the entire schedule as established in the memorandum of agreement, the applicant or other party may bring a cause of action under this subsection. (3) Court action.-- (A) In general.--If an action is brought under paragraph (2), the court shall review-- (i) whether the parties to the memorandum of agreement have been acting in good faith; (ii) whether the applicant has been cooperating fully with the agencies that are responsible for issuing a Federal refinery authorization; and (iii) any other relevant materials in the consolidated record. (B) New schedule.--Taking into consideration the factors described in subparagraph (A), if the court finds that a failure to act described in paragraph (1) has occurred and that the failure to act would jeopardize timely completion of the entire schedule as established in the memorandum of agreement, the court shall establish a new schedule that is the most expeditious coordinated schedule practicable for completion of proceedings, consistent with the full substantive and procedural review required by Federal law. (C) Enforcement.--The court may issue orders to enforce any schedule the court establishes under this paragraph. (4) Filing of consolidated record.--When any civil action is brought under this subsection, the Federal coordinator shall immediately file with the court the consolidated record compiled by the Federal coordinator pursuant to subsection (c). (5) Expedited review.--The court shall set any civil action brought under this subsection for expedited consideration. (e) Applicability.--This section shall only apply to a refinery sited or proposed to be sited, or expanded or proposed to be expanded, in-- (1) a State the chief executive officer of which has submitted a request to the President for the application of this section to the siting, construction, expansion, or operation of any refinery in the State; or (2) all or part of a closed military installation made available for the siting of a refinery in the manner provided by the base closure law applicable to the closed military installation. SEC. 5. DESIGNATION OF CLOSED MILITARY BASES. (a) Designation Requirement.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President shall designate not less than 3 closed military installations, or portions thereof, as potentially suitable for the construction of a refinery. (2) Biomass.--At least 1 site designated under paragraph (1) shall be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel. (b) Redevelopment Authority.--In preparing or revising the redevelopment plan for the closed military installation, the redevelopment authority with jurisdiction over each closed military installation designated under subsection (a)(1) shall consider the feasibility and practicability of siting a refinery on the closed military installation. (c) Management and Disposal of Real Property.-- (1) In general.--In managing and disposing of real property at a closed military installation designated under subsection (a) pursuant to the base closure law applicable to the closed military installation, the Secretary of Defense shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the closed military installation, regarding the siting of a refinery on the closed military installation. (2) Real property.--The management and disposal of real property at all or part of a closed military installation found to be suitable for the siting of a refinery under subsection (a) shall be carried out in the manner provided by the base closure law applicable to the closed military installation. SEC. 6. RELATIONSHIP TO OTHER LAWS AND ACTIONS. Nothing in this Act-- (1) affects the application of any environmental or other law; or (2) prevents any party from bringing a cause of action under any environmental or other law, including a citizen suit. SEC. 7. REPEAL OF REFINERY REVITALIZATION AUTHORITY. (a) In General.--Subtitle H of title III of the Energy Policy Act of 2005 (42 U.S.C. 15951 et seq.) is repealed. (b) Conforming Amendment.--The table of contents in section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by striking the items relating to subtitle H of title III.

Bolster Our Energy Security for Tomorrow Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon state request, to provide financial assistance to facilitate hiring additional personnel with expertise in fields relevant to consideration of federal refinery authorizations. Directs a federal agency responsible for federal refinery authorization, upon state request, to provide technical, legal, or other nonfinancial assistance to facilitate such consideration. Directs the President to: (1) appoint a federal coordinator to coordinate refinery authorization procedures; and (2) designate at least three closed military installations, or portions of them, as potentially suitable for the construction of a refinery. Requires that at least one such site be designated as potentially suitable for construction of a biomass refinery. Requires the appropriate redevelopment authority to consider the feasibility and practicability of siting a refinery on the closed military installation when preparing or revising the redevelopment plan for it. Prescribes guidelines for the management and disposal of real property. Amends the Energy Policy Act of 2005 to repeal its refinery revitalization authority.

A bill to expedite the consideration of permits for refineries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Indemnity and Reimbursement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Certain small businesses and labor organizations are at a great disadvantage in terms of expertise and resources when facing actions brought by the National Labor Relations Board or by the Occupational Safety and Health Administration. (2) The attempt to ``level the playing field'' for small businesses and labor organizations by means of the Equal Access to Justice Act has proven ineffective and has been underutilized by these small entities in their actions before the National Labor Relations Board and before the Occupational Safety and Health Review Commission. (3) The greater expertise and resources of the National Labor Relations Board and the Occupational Safety and Health Administration as compared with those of small businesses and labor organizations necessitate a standard that awards fees and costs to certain small entities when they prevail against the National Labor Relations Board or against the Occupational Safety and Health Administration. (b) Purpose.--It is the purpose of this Act-- (1) to ensure that certain small businesses and labor organizations will not be deterred from seeking review of, or defending against, actions brought against them by the National Labor Relations Board or by the Occupational Safety and Health Administration because of the expense involved in securing vindication of their rights; (2) to reduce the disparity in resources and expertise between certain small businesses and labor organizations and the National Labor Relations Board and the Occupational Safety and Health Administration; and (3) to make the National Labor Relations Board and the Occupational Safety and Health Administration more accountable for their enforcement actions against certain small businesses and labor organizations by awarding fees and costs to these entities when they prevail against the National Labor Relations Board or in proceedings before the Occupational Safety and Health Review Commission. SEC. 3. AMENDMENT TO NATIONAL LABOR RELATIONS ACT. The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 20. AWARDS OF ATTORNEYS' FEES AND COSTS. ``(a) Administrative Proceedings.--An employer who, or labor organization that-- ``(1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act; and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Court Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. ``(c) Appeals.--Any appeal of a determination of fees pursuant to subsection (a) or (b) shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.''. SEC. 4. APPLICABILITY OF NLRA AMENDMENT. (a) Agency Proceedings.--Subsection (a) of section 20 of the National Labor Relations Act, as added by section 3 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court Proceedings.--Subsection (b) of section 20 of the National Labor Relations Act, as added by section 3 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act. SEC. 5. AMENDMENT TO OCCUPATIONAL SAFETY AND HEALTH ACT. The Occupational Safety and Health Act (29 U.S.C. 651 et seq.) is amended by inserting after section 12 the following: ``SEC. 12A. AWARDS OF ATTORNEYS' FEES AND COSTS. ``(a) Administrative Proceedings.--An employer who-- ``(1) is the prevailing party in an adversary adjudication before the Occupational Safety and Health Review Commission under this or any other Act, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Secretary of Labor was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Court Proceedings.--An employer who-- ``(1) is the prevailing party in a civil action, including proceedings for judicial review of an action by the Occupational Safety and Health Review Commission, brought by or against the Secretary or the Commission, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. ``(c) Appeals.--Any appeal of a determination of fees pursuant to subsection (a) or (b) shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.''. SEC. 6. APPLICABILITY OF OSHA AMENDMENT. (a) Agency Proceedings.--Subsection (a) of section 12A of the Occupational Safety and Health Act, as added by section 5 of this Act, applies to agency proceedings commenced on or after the date of enactment of this Act. (b) Court Proceedings.--Subsection (b) of section 12A of the Occupational Safety and Health Act, as added by section 5 of this Act, applies to civil actions commenced on or after the date of enactment of this Act.

Fair Access to Indemnity and Reimbursement Act - Amends the National Labor Relations Act and the Occupational Safety and Health Act to allow the recovery of attorney's fees and costs by certain employers and labor organizations who are prevailing parties in administrative proceedings brought against them by the National Labor Relations Board (NLRB) or before the Occupational Safety and Health Review Commission (OSHRC) or in court proceedings brought by or against the NLRB or OSHRC. Requires that such employers or labor organizations have not more than 100 employees and a net worth of not more than $7 million at the time of such proceedings. Provides for such recovery without regard to whether the position of the NLRB, the Secretary of Labor, or a court was substantially justified or special circumstances make an award unjust.

Fair Access to Indemnity and Reimbursement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Research in the Public Interest Act of 2006''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to promote global public health and America's national security by ensuring that innovations developed at federally-funded institutions are available in eligible developing countries at the lowest possible cost. (b) Findings.--Congress finds the following: (1) It is in the national interest of the United States that people around the world live healthier lives, and that they perceive the United States in a more favorable light. (2) The United States Government funds a major portion of all academic research. (3) Congress funds universities and Federal research laboratories as institutions dedicated to the creation and dissemination of knowledge in the public interest. (4) The Federal Government's investment in science and technology fuels a thriving pharmaceutical industry and rising longevity and quality of life in the United States. In 2000, a Senate Joint Economic Committee Report found that public research was instrumental in developing 15 of the 21 drugs considered by experts to have had the highest therapeutic impact on society. (5) Millions of people with HIV/AIDS in developing countries need antiretroviral drugs. More than 40,000,000 people worldwide have HIV and 95 percent of them live in developing countries. Malaria, tuberculosis, and other infectious diseases kill millions of people a year in developing nations. (6) The World Health Organization (``WHO'') has estimated that \1/3\ of the world's population lacks regular access to essential medicines, including antiretroviral drugs. The WHO reported that just by improving access to existing medicines roughly 10,000,000 lives could be saved around the world every year. (7) To help address the access to medicines crisis, the World Health Organization's 2006 Commission on Intellectual Property Rights, Innovation, and Public Health recommended that universities adopt licensing practices designed to increase access to medicines in developing countries. (8) The Department of State has reported to Congress under the President's Emergency Plan for AIDS Relief that, ``[I]n every case generics prices present an opportunity for cost savings; in some cases, the branded price per pack of a drug is up to 11 times the cost of the approved generic version.''. (9) Since sales of the patented, brand-name versions of such medicines are minimal or non-existent in many impoverished regions of the world, allowing generic versions of those medicines will have minimal impact on the sales of brand-name, patented versions in such regions, or the licensing revenues of publicly funded research institutions, while saving an untold number of lives. SEC. 3. DEFINITIONS. In this Act: (1) Associated medical product.--The term ``associated medical product'', when used in relation to a subject invention, means any medical product of which the manufacture, use, sale, offering for sale, import, or export relies upon or is covered by the rights guaranteed by title in that invention. (2) Associated rights.--The term ``associated rights,'' when used in relation to a subject invention, means-- (A) all patent and marketing rights, possessed by a current or former holder of title in that invention, or licensee of rights guaranteed by such title, that are reasonably necessary to make, use, sell, offer to sell, import, export, or test any associated medical product ever made, used, sold, offered for sale, imported, or exported by that party; and (B) the right to rely on biological, chemical, biochemical, toxicological, pharmacological, metabolic, formulation, clinical, analytical, stability, and other information and data for purposes of regulatory approval of any associated medical product. (3) Drug.--The term ``drug'' has the meaning given such term in section 201 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321). (4) Eligible country.--The term ``eligible country'' means any country of which the economy is classified by the World Bank as ``low-income'', or ``lower-middle-income''. (5) Fair royalty.--The term ``fair royalty'', when used in relation to a subject invention, means-- (A) for a country classified by the World Bank as ``low-income'' at the time of the sales on which royalties are due, 2 percent of a licensee's net sales of associated medical products in such country; and (B) for a country classified by the World Bank as ``lower-middle-income'' at the time of sales on which royalties are due, 5 percent of a licensee's net sales of associated medical products in such country. (6) Invention.--The term ``invention'' means any invention or discovery which is or may be patentable or otherwise protectable under title 35, United States Code, or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.). (7) Medical device.--The term ``medical device'' means a device, as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), and includes any device component of any combination product, as that term is used in section 503(g) of such Act (21 U.S.C. 353(g)). (8) Medical product.--The term ``medical product'' means any drug, treatment, prophylaxis, vaccine, or medical device. (9) Neglected research.--The term ``neglected research'' means any use of a subjected invention or the associated rights in an effort to develop medical products for a rare disease or condition, as defined in section 526(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb(a)(2)). (10) Subject institution.--The term ``subject institution'' means any institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) or research that receives federal financial assistance, including Federal laboratories as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). (11) Subject invention.--The term ``subject invention'' means any invention-- (A) conceived or first actually reduced to practice by a subject institution, or its employees in the course of their employment, on or after the effective date of this Act; or (B) in which a subject institution holds title, provided the invention was first conceived or reduced to practice on or after the effective date of this Act. SEC. 4. ACCESS TO LIFESAVING MEDICINES DEVELOPED AT GOVERNMENT FUNDED INSTITUTIONS. (a) Grant of License.-- (1) In general.--As a condition of receiving Federal assistance, any subject institution that conceives, reduced to practice, or holds title in a subject invention shall be required to grant irrevocable, perpetual, nonexclusive licenses to the invention and any associated rights the institution may own or ever acquire, to any party requesting such a license pursuant to subsection (g). (2) Purpose of license.--The licenses described under paragraph (1) shall be for the sole purpose of-- (A) supplying medical products in accordance with subsection (e); or (B) conducting neglected research anywhere in the world, royalty-free. (b) Incorporation Into Title.--The open-licensing requirement created by subsection (a) and all licenses granted thereunder shall be part of the subject institution's title in a subject invention. No transfer or license may be interpreted in any manner inconsistent with making any grant under subsection (a) effective, or in any manner that prevents or frees the holder of title in the invention from granting licenses. (c) Subsequent Licenses.-- (1) In general.--If a subject institution licenses or grants rights in a subject invention to any other party, as a condition of such grant the licensee or grantee, and any future sublicensees or subsequent grantees, ad infinitum, shall also be required in perpetuity, to grant irrevocable, perpetual, nonexclusive licenses on any associated rights which the licensee or grantee may own or later acquire, to any party requesting such a license pursuant to subsection (g). (2) Purpose of license.--The licenses shall be for the sole purposes described in subsection (a)(2). (3) Application of this subsection.--This subsection applies to licenses for a subject invention acquired under subsection (a). (d) Construction.--No grant or licensee of any subject invention may be interpreted in any manner that prevents or frees the grantee or licensee from granting licenses for associated rights under subsection (c). (e) License for Supply of Medical Products.-- (1) In general.--A license under subsection (a)(2)(A) shall be a license for the sole purpose of permitting the making, using, selling, offering to sell, importing, exporting, and testing of medical products in eligible countries and the making and exporting of medical products worldwide for the sole purpose of supplying medical products to eligible countries. (2) Labeling.--If the recipient of a license under subsection (a) exercises its right to make and export a medical product in any country other than an eligible country for the sole purpose of export to an eligible country, then the licensee shall use reasonable efforts to visibly distinguish the medical product it manufactures from any similar medical product sold by others in the country of manufacture, provided that such reasonable efforts do not require the licensee to expend significant expense. (3) Royalties.-- (A) License of subject invention.--A license of a subject invention under subsection (a)(2)(A) shall be irrevocable and perpetual so long as the licensee submits to the licensor payment of a fair royalty on sales of any associated medical product within 90 days of such sales. Failure or refusal of the licensor to accept the fair royalty shall not terminate or affect in any way the license. (B) License of associated rights.--A license of associated rights to a subject invention under subsection (a)(2)(A) shall be royalty free. (f) Transfer.--In accordance with subsections (a) through (d), any license or other transfer of a subject invention by a subject institution or the licensee or grantee of such institution for a subject invention, shall be invalid unless-- (1) the license or grant includes a clause, ``This grant or license is subject to the provisions of the Public Research in the Public Interest Act of 2006.''; (2) the licensor or grantor complies with the notification requirements of subsection (h); and (3) the license or grant does not include any terms that contradict any requirement of this Act. (g) Procedures for Acquisition of Licenses.-- (1) In general.--Any party, upon providing to the Food and Drug Administration-- (A) notification of its intent to supply medical products or conduct neglected research as provided in subsection (a); (B) a specific list of the rights it wishes to license for those purposes; and (C) the names of the party or parties it believes are obligated to grant such licenses under subsections (a) through (d), shall automatically be deemed to receive the license so requested without the need for any further action on the part of the licensing party if the party or parties specified in the request do not object and notify the requesting party of such objection, within 30 days of the publication of such request by the Administration. (2) Enforcement action.-- (A) In general.--If the party or parties specified under paragraph (1) object to the grant of a requested license, the requesting party may bring an action to enforce its right to a license of a subject invention or associated rights under subsections (a) through (d). (B) Process.--In any suit under this subsection, the requesting party shall be entitled to separate, expedited review of the legal issues required to adjudicate whether it is entitled to the requested license, without prejudice to any other issues in the lawsuit. If the party objecting to the license is found to have objected without reasonable cause or without a good faith belief that there was a justifiable controversy under the facts and the law, the party requesting the license shall be entitled to attorney's fees, other reasonably necessary costs of the lawsuit, and treble damages from the objecting party. (3) Publication.--The Food and Drug Administration shall publish any request made under paragraph (1) within 15 days of receipt of such request. The Food and Drug Administration shall also make reasonable efforts to directly notify the parties named in any such request. (h) Notification of Transfer or License of Subject Inventions.--The holder of title or any license in a subject invention shall notify the Food and Drug Administration of any grant or license of rights in that invention. The Food and Drug Administration shall publish all such notifications within 15 days of receipt.

Public Research in the Public Interest Act of 2006 - Requires, as a condition of receiving federal assistance, any institution of higher education or research that conceives, reduces to practice, or holds title in a subject invention to grant irrevocable, perpetual, nonexclusive licenses to the invention and associated rights to any party requesting such a license pursuant to this Act. Provides that licenses shall be issued for: (1) supplying medical products to countries with low-income or lower-middle income economies; or (2) conducting neglected research anywhere, royalty-free. Provides that such licenses shall be part of the institution's title in a subject invention. Makes a license under this Act irrevocable and perpetual so long as the licensee submits to the licensor payment of a fair royalty on sales of any medical product within 90 days. Deems a party as automatically receiving the license requested upon submitting the required information to the Food and Drug Administration (FDA). Sets forth procedures for objections to the grant of a requested license. Requires the holder of title or any license in a subject invention to notify the FDA of any grant or license of rights in that invention.

A bill to ensure that innovations developed at federally-funded institutions are available in certain developing countries at the lowest possible cost.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing for Tomorrow's Schools Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to a 1996 study conducted by the American School & University, $10,420,000,000 was spent to address the Nation's education infrastructure needs in 1995, with the average total cost of a new high school at $15,400,000. (2) According to the National Center for Education Statistics, an estimated $127,000,000,000 in repairs, renovations, and modernizations is needed to put schools in the United States into good overall condition. (3) Approximately 14,000,000 American students attend schools that report the need for extensive repair or replacement of 1 or more buildings. (4) Academic research has proven that there is a direct correlation between the condition of school facilities and student achievement. At Georgetown University, researchers found that students assigned to schools in poor conditions can be expected to fall 10.9 percentage points behind those in buildings in excellent condition. Similar studies have demonstrated improvement of up to 20 percent in test scores when students were moved from a poor facility to a new facility. (5) The Director of Education and Employment Issues at the Government Accounting Office testified that nearly 52 percent of schools, affecting 21,300,000 students, reported insufficient technology elements for 6 or more areas. (6) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. (7) The challenges facing our Nation's public elementary schools and secondary schools and libraries require the concerted efforts of all levels of government and all sectors of the community. (8) The United States competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools and libraries not equipped for the 21st century. (9) The deplorable state of collections in America's public school libraries has increased the demands on public libraries. In many instances, public libraries substitute for school libraries, creating a higher demand for material and physical space to house literature and educational computer equipment. (10) Research shows that 50 percent of a child's intellectual development takes place before age 4. The Nation's public and school libraries play a critical role in a child's early development because the libraries provide a wealth of books and other resources that can give every child a head start on life and learning. SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--The Secretary of Education (hereafter in this Act referred to as the ``Secretary''), in consultation with the Secretary of the Treasury, may enter into cooperative agreements with States under which-- (A) States establish State infrastructure banks and multistate infrastructure banks for the purpose of providing the loans described in subparagraph (B); and (B) the Secretary awards grants to such States to be used as initial capital for the purpose of making loans-- (i) to local educational agencies to enable the agencies to build or repair elementary schools or secondary schools that provide free public education; and (ii) to public libraries to enable the libraries to build or repair library facilities. (2) Interstate compacts.-- (A) Consent.--Congress grants consent to any 2 or more States, entering into a cooperative agreement under paragraph (1) with the Secretary for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing a multistate infrastructure bank in accordance with this section. (B) Reservation of rights.--Congress expressly reserves the right to alter, amend, or repeal this section and any interstate compact entered into pursuant to this section. (b) Repayments.--Each infrastructure bank established under subsection (a) shall apply repayments of principal and interest on loans funded by the grant received under subsection (a) to the making of additional loans. (c) Infrastructure Bank Requirements.--A State establishing an infrastructure bank under this section shall-- (1) contribute in each account of the bank from non-Federal sources an amount equal to not less than 25 percent of the amount of each capitalization grant made to the bank under subsection (a); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds and issue debt instruments of the State for purposes of leveraging the funds; (3) allow such funds to be used as reserve for debt issued by the State, so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the bank will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (5) ensure that any loan from the bank will bear interest at or below the lowest interest rates being offered for bonds, the income from which is exempt from Federal taxation, as determined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan under paragraph (6); and (8) require the bank to make an annual report to the Secretary on its status, and make such other reports as the Secretary may require by guidelines. (d) Forms of Assistance From Infrastructure Banks.-- (1) In general.--An infrastructure bank established under this section may make a loan to a local educational agency or a public library in an amount equal to all or part of the cost of carrying out a project eligible for assistance under subsection (e). (2) Applications for loans.-- (A) In general.--A local educational agency or public library desiring a loan under this Act shall submit to an infrastructure bank an application that includes-- (i) in the case of a renovation project-- (I) a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with loan funds and the priorities to be applied; and (II) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (ii) a description of any improvements to be made and a cost estimate for the improvements; (iii) a description of how work undertaken with the loan will promote energy conservation; and (iv) such other information as the infrastructure bank may require. (B) Timing.--An infrastructure bank shall take final action on a completed application submitted to it in accordance with this subsection not later than 90 days after the date of the submission of the application. (3) Criteria for loans.--In considering an application for a loan, an infrastructure bank shall consider-- (A) the extent to which the local educational agency or public library desiring a loan would otherwise lack the fiscal capacity, including the ability to raise funds through the full use of such bonding capacity of the agency or library, to undertake the project proposed in the application; (B) in the case of a local educational agency, the threat that the condition of the physical plant in the proposed project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the proposed project; and (D) the age of the facility proposed to be reconstructed, renovated, or replaced. (e) Qualifying Projects.-- (1) In general.--A project is eligible for a loan from an infrastructure bank if it is a project that consists of-- (A) the construction of a new elementary school or secondary school to meet the needs imposed by enrollment growth; (B) the repair or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or lighting equipment; (C) an activity to increase physical safety at the educational facility involved; (D) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (E) an activity to address environmental hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (F) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (G) work that will bring an educational facility into conformity with the requirements of-- (i) environmental protection or health and safety programs mandated by Federal, State, or local law, if such requirements were not in effect when the facility was initially constructed; and (ii) hazardous waste disposal, treatment, and storage requirements mandated by the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or similar State laws; (H) work that will enable efficient use of available energy resources; (I) work to detect, remove, or otherwise contain asbestos hazards in educational facilities; or (J) work to construct new public library facilities or repair or upgrade existing public library facilities. (2) Davis-bacon.--The wage requirements of the Act of March 3, 1931 (referred to as the ``Davis-Bacon Act'' (40 U.S.C. 276a et seq.)) shall apply with respect to individuals employed on the projects described in paragraph (1). (f) Supplementation.--Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available to carry out school or library construction, renovation, or repair. (g) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from an infrastructure bank under this section may not be credited toward the non-Federal share of the cost of any project. (h) Secretarial Requirements.--In administering this section, the Secretary shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States Not Obligated.--The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (k) Program Administration.--A State may expend an amount not to exceed 2 percent of the grant funds contributed to an infrastructure bank established by a State or States under this section to pay the reasonable costs of administering the infrastructure bank. (l) Secretarial Review and Report.--The Secretary shall-- (1) review the financial condition of each infrastructure bank established under this section; and (2) transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school, free public education, local educational agency, and secondary school.--The terms ``elementary school'', ``free public education'', ``local educational agency'', and ``secondary school'' have the same meanings as in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); (2) Outlying area.--The term ``outlying area'' means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; (3) Public library.--The term ``public library''-- (A) means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds; and (B) includes a research library, which, for purposes of this subparagraph, means a library that-- (i) makes its services available to the public free of charge; (ii) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; (iii) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and (iv) is not an integral part of an institution of higher education; and (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

Investing for Tomorrow's Schools Act of 2002 - Authorizes the Secretary of Education to enter into cooperative agreements with States to establish State infrastructure banks and multistate infrastructure banks to make loans to: (1) local educational agencies for building or repairing elementary or secondary public schools; and (2) public libraries for building or repairing library facilities.Grants consent of Congress to States to enter into a cooperative agreement with the Secretary, as well as an interstate compact, to establish a multistate infrastructure bank. Prescribes infrastructure bank requirements. Requires infrastructure bank loans to be used to supplement, not supplant, other Federal, State, and local funds. Prohibits construing Federal contributions to such infrastructure banks as a Federal commitment, guarantee, or obligation to any third party. Directs the Secretary to review the financial condition of each infrastructure bank.

A bill to establish State infrastructure banks for education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphan Works Act of 2006''. SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS. (a) Limitation on Remedies.--Chapter 5 of title 17, United States Code, is amended by adding at the end the following new section: ``Sec. 514. Limitation on remedies in cases involving orphan works ``(a) Limitation on Remedies.-- ``(1) Conditions.--Notwithstanding sections 502 through 505, in an action brought under this title for infringement of copyright in a work, the remedies for infringement shall be limited under subsection (b) if the infringer sustains the burden of proving, and the court finds, that-- ``(A) before the infringing use of the work began, the infringer, a person acting on behalf of the infringer, or any person jointly and severally liable with the infringer for the infringement of the work-- ``(i) performed and documented a reasonably diligent search in good faith to locate the owner of the infringed copyright; but ``(ii) was unable to locate the owner; and ``(B) the infringing use of the work provided attribution, in a manner reasonable under the circumstances, to the author and owner of the copyright, if known with a reasonable degree of certainty based on information obtained in performing the reasonably diligent search. ``(2) Definitions; requirements for searches.-- ``(A) Owner of infringed copyright.--For purposes of paragraph (1), the `owner' of an infringed copyright in a work is the legal or beneficial owner of, or any party with authority to grant or license, an exclusive right under section 106 applicable to the infringement. ``(B) Requirements for reasonably diligent search.--(i) For purposes of paragraph (1), a search to locate the owner of an infringed copyright in a work-- ``(I) is `reasonably diligent' only if it includes steps that are reasonable under the circumstances to locate that owner in order to obtain permission for the use of the work; and ``(II) is not `reasonably diligent' solely by reference to the lack of identifying information with respect to the copyright on the copy or phonorecord of the work. ``(ii) The steps referred to in clause (i)(I) shall ordinarily include, at a minimum, review of the information maintained by the Register of Copyrights under subparagraph (C). ``(iii) A reasonably diligent search includes the use of reasonably available expert assistance and reasonably available technology, which may include, if reasonable under the circumstances, resources for which a charge or subscription fee is imposed. ``(C) Information to guide searches.--The Register of Copyrights shall receive, maintain, and make available to the public, including through the Internet, information from authoritative sources, such as industry guidelines, statements of best practices, and other relevant documents, that is designed to assist users in conducting and documenting a reasonably diligent search under this subsection. Such information may include-- ``(i) the records of the Copyright Office that are relevant to identifying and locating copyright owners; ``(ii) other sources of copyright ownership information reasonably available to users; ``(iii) methods to identify copyright ownership information associated with a work; ``(iv) sources of reasonably available technology tools and reasonably available expert assistance; and ``(v) best practices for documenting a reasonably diligent search. ``(b) Limitations on Remedies.--The limitations on remedies in a case to which subsection (a) applies are the following: ``(1) Monetary relief.-- ``(A) General rule.--Subject to subparagraph (B), an award for monetary relief (including actual damages, statutory damages, costs, and attorney's fees) may not be made, other than an order requiring the infringer to pay reasonable compensation for the use of the infringed work. ``(B) Exceptions.--(i) An order requiring the infringer to pay reasonable compensation for the use of the infringed work may not be made under subparagraph (A) if-- ``(I) the infringement is performed without any purpose of direct or indirect commercial advantage and primarily for a charitable, religious, scholarly, or educational purpose, and ``(II) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement, unless the copyright owner proves, and the court finds, that the infringer has earned proceeds directly attributable to the infringement. ``(ii) If the infringer fails to negotiate in good faith with the owner of the infringed work regarding the amount of reasonable compensation for the use of the infringed work, the court may award full costs, including a reasonable attorney's fee, against the infringer under section 505, subject to section 412. ``(2) Injunctive relief.-- ``(A) General rule.--Subject to subparagraph (B), the court may impose injunctive relief to prevent or restrain the infringing use, except that, if the infringer has met the requirements of subsection (a), the relief shall, to the extent practicable, account for any harm that the relief would cause the infringer due to its reliance on having performed a reasonably diligent search under subsection (a). ``(B) Special rule for new works.--In a case in which the infringer recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship, the court may not, in granting injunctive relief, restrain the infringer's continued preparation or use of that new work, if the infringer-- ``(i) pays reasonable compensation to the owner of the infringed copyright for the use of the infringed work; and ``(ii) provides attribution to the owner of the infringed copyright in a manner that the court determines is reasonable under the circumstances. ``(C) Treatment of parties not subject to suit.-- The limitations on remedies under this paragraph shall not be available to an infringer that asserts in an action under section 501(b) that neither it nor its representative acting in an official capacity is subject to suit in Federal court for an award of damages to the copyright owner under section 504, unless the court finds that such infringer has-- ``(i) complied with the requirements of subsection (a) of this section; ``(ii) made a good faith offer of compensation that was rejected by the copyright owner; and ``(iii) affirmed in writing its willingness to pay such compensation to the copyright owner upon the determination by the court that such compensation was reasonable under paragraph (3) of this subsection. ``(D) Construction.--Nothing in subparagraph (C) shall be deemed to authorize or require, and no action taken pursuant to subparagraph (C) shall be deemed to constitute, an award of damages by the court against the infringer. ``(E) Rights and privileges not waived.--No action taken by an infringer pursuant to subparagraph (C) shall be deemed to waive any right or privilege that, as a matter of law, protects such infringer from being subject to suit in Federal court for an award of damages to the copyright owner under section 504. ``(3) Reasonable compensation.--In establishing reasonable compensation under paragraph (1) or (2), the owner of the infringed copyright has the burden of establishing the amount on which a reasonable willing buyer and a reasonable willing seller in the positions of the owner and the infringer would have agreed with respect to the infringing use of the work immediately before the infringement began. ``(c) Preservation of Other Rights, Limitations, and Defense.--This section does not affect any right, limitation, or defense to copyright infringement, including fair use, under this title. If another provision of this title provides for a statutory license when the copyright owner cannot be located, that provision applies in lieu of this section. ``(d) Copyright for Derivative Works.--Notwithstanding section 103(a), the infringing use of a work in accordance with this section shall not limit or affect the copyright protection for a work that uses the infringed work.''. (b) Conforming Amendment.--The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following new item: ``514. Limitation on remedies in cases involving orphan works''. (c) Effective Date.--The amendments made by this section shall apply only to infringing uses that commence on or after June 1, 2008. SEC. 3. REPORT TO CONGRESS ON AMENDMENTS. The Register of Copyrights shall, not later than December 12, 2014, report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on the implementation and effects of the amendments made by section 2, including any recommendations for legislative changes that the Register considers appropriate. SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS. (a) In General.--The Register of Copyrights shall conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the United States district courts. The inquiry shall cover infringement claims to which section 514 of title 17, United States Code (as added by section 2 of this Act), apply, and other infringement claims under title 17, United States Code. (b) Procedures.--The Register of Copyrights shall publish notice of the inquiry under subsection (a), providing a period during which interested persons may submit comments on the inquiry, and an opportunity for interested persons to participate in public roundtables on the inquiry. The Register shall hold the public roundtables at such times as the Register considers appropriate. (c) Report to Congress.--The Register of Copyrights shall, not later than 1 year after the date of the enactment of this Act, prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the inquiry conducted under this section, including such recommendations that the Register considers appropriate.

Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known. Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search. Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement. Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner. Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.

To amend title 17, United States Code, to provide for limitation of remedies in cases in which the copyright owner cannot be located, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain-Capable Unborn Child Protection Act''. SEC. 2. LEGISLATIVE FINDINGS. Congress finds and declares the following: (1) Pain receptors (nociceptors) are present throughout the unborn child's entire body and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks after fertilization. (2) By 8 weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling. (3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response. (4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life. (5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. In the United States, surgery of this type is being performed by 20 weeks after fertilization and earlier in specialized units affiliated with children's hospitals. (6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain. (7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain. (8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does. (9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing. (10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery. (11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier. (12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. (13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other. SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. (a) In General.--Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``Sec. 1532. Pain-capable unborn child protection ``(a) Unlawful Conduct.--Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). ``(b) Requirements for Abortions.-- ``(1) The physician performing or attempting the abortion shall first make a determination of the probable post- fertilization age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post-fertilization age. ``(2)(A) Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater. ``(B) Subject to subparagraph (C), subparagraph (A) does not apply if-- ``(i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life- endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; or ``(ii) the pregnancy is the result of rape, or the result of incest against a minor, if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest against a minor has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect. ``(C) Notwithstanding the definitions of `abortion' and `attempt an abortion' in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of-- ``(i) the death of the pregnant woman; or ``(ii) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman; than would other available methods. ``(c) Criminal Penalty.--Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. ``(d) Bar to Prosecution.--A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. ``(e) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt an abortion.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. ``(3) Fertilization.--The term `fertilization' means the fusion of human spermatozoon with a human ovum. ``(4) Perform.--The term `perform', with respect to an abortion, includes induce an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. ``(5) Physician.--The term `physician' means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion. ``(6) Post-fertilization age.--The term `post-fertilization age' means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. ``(7) Probable post-fertilization age of the unborn child.--The term `probable post-fertilization age of the unborn child' means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced. ``(8) Reasonable medical judgment.--The term `reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. ``(9) Unborn child.--The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1. ``(10) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item: ``1532. Pain-capable unborn child protection.''. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``PARTIAL-BIRTH ABORTIONS'' and inserting ``ABORTIONS''. (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''.

Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion except in conformity with this Act's requirements. Requires the physician to first determine the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater, except: (1) where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions; or (2) where the pregnancy is the result of rape, or the result of incest against a minor, if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect. Permits a physician to terminate a pregnancy under such an exception only in the manner that provides the best opportunity for the unborn child to survive, unless that manner would pose a greater risk than other available methods would pose of the death or substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman. Subjects individuals who violate this Act to a fine, imprisonment for not more than five years, or both. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act for violating or conspiring to violate this Act. Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn child or to intentionally terminate a pregnancy with an intention other than: (1) after viability, to produce a live birth and preserve the life and health of the child; or (2) to remove a dead unborn child.

Pain-Capable Unborn Child Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017''. SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998. Except as otherwise expressly provided, wherever 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 Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001 et seq.). SEC. 3. INTER-AGENCY TASK FORCE. Section 603(a) (33 U.S.C. 4001(a)) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: ``(13) the Army Corps of Engineers; and''. SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARMFUL ALGAL BLOOMS. Section 603 (33 U.S.C. 4001) is amended-- (1) by striking subsection (f); (2) by redesignating subsections (g), (h), (i), and (j) as subsections (f), (g), (h), and (i), respectively; and (3) by amending subsection (g) to read as follows: ``(g) Scientific Assessments of Marine and Freshwater Harmful Algal Blooms.--Not less than once every 5 years the Task Force shall complete and submit to Congress a scientific assessment of harmful algal blooms in United States coastal waters and freshwater systems. Each assessment shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries, those in freshwater lakes and rivers, and those that originate in freshwater lakes or rivers and migrate to coastal waters.''. SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM. (a) Program Duties.--Section 603A(e) (33 U.S.C. 4002(e)) is amended-- (1) in paragraph (1), by inserting ``, including to local and regional stakeholders through the establishment and maintenance of a publicly accessible Internet website that provides information as to Program activities completed under this section'' after ``Program''; (2) in paragraph (3)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following: ``(D) to accelerate the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events;''; (3) in paragraph (4), by striking ``and work cooperatively with'' and inserting ``, and work cooperatively to provide technical assistance to,''; and (4) in paragraph (7)-- (A) by inserting ``and extension'' after ``existing education''; and (B) by inserting ``intervention,'' after ``awareness of the causes, impacts,''. (b) National Oceanic and Atmospheric Administration Activities.-- Section 603A(f) (33 U.S.C. 4002(f)) is amended-- (1) in paragraph (3), by inserting ``, which shall include unmanned systems,'' after ``infrastructure''; (2) in paragraph (5), by striking ``and'' at the end; (3) in paragraph (6)(C), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(7) use cost effective methods in carrying out this Act; and ``(8) develop contingency plans for the long-term monitoring of hypoxia.''. SEC. 6. CONSULTATION REQUIRED. Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is amended by striking ``the amendments made by this title'' and inserting ``the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998''. SEC. 7. HYPOXIA OR HARMFUL ALGAL BLOOM OF NATIONAL SIGNIFICANCE. (a) Relief.-- (1) In general.--Upon a determination under subsection (b) that there is an event of national significance, the appropriate Federal official is authorized to make sums available to the affected State or local government for the purposes of assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of the event of national significance. (2) Federal share.--The Federal share of the cost of any activity carried out under this subsection for the purposes described in paragraph (1) may not exceed 50 percent of the cost of that activity. (3) Donations.--Notwithstanding any other provision of law, an appropriate Federal official may accept donations of funds, services, facilities, materials, or equipment that the appropriate Federal official considers necessary for the purposes described in paragraph (1). Any funds donated to an appropriate Federal official under this paragraph may be expended without further appropriation and without fiscal year limitation. (b) Determinations.-- (1) In general.--At the discretion of an appropriate Federal official, or at the request of the Governor of an affected State, an appropriate Federal official shall determine whether a hypoxia or harmful algal bloom event is an event of national significance. (2) Considerations.--In making a determination under paragraph (1), the appropriate Federal official shall consider the toxicity of the harmful algal bloom, the severity of the hypoxia, its potential to spread, the economic impact, the relative size in relation to the past 5 occurrences of harmful algal blooms or hypoxia events that occur on a recurrent or annual basis, and the geographic scope, including the potential to affect several municipalities, to affect more than 1 State, or to cross an international boundary. (c) Definitions.--In this section: (1) Appropriate federal official.--The term ``appropriate Federal official'' means-- (A) in the case of a marine or coastal hypoxia or harmful algal bloom event, the Under Secretary of Commerce for Oceans and Atmosphere; and (B) in the case of a freshwater hypoxia or harmful algal bloom event, the Administrator of the Environmental Protection Agency. (2) Event of national significance.--The term ``event of national significance'' means a hypoxia or harmful algal bloom event that has had or will likely have a significant detrimental environmental, economic, subsistence use, or public health impact on an affected State. (3) Hypoxia or harmful algal bloom event.--The term ``hypoxia or harmful algal bloom event'' means the occurrence of hypoxia or a harmful algal bloom as a result of a natural, anthropogenic, or undetermined cause. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting ``, and $22,000,000 for each of fiscal years 2019 through 2023'' before the period at the end.

Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017 This bill amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to reauthorize for FY2019-FY2023 the national harmful algal bloom and hypoxia program and the action strategy of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. (Hypoxia is a deficiency of oxygen.) The task force must include a representative from the U.S. Army Corps of Engineers. Each required scientific assessment of harmful algal blooms in coastal waters must examine freshwater harmful algal blooms that originate in freshwater lakes or rivers and migrate to coastal waters. In administering the program, the National Oceanic and Atmospheric Administration (NOAA) must provide: (1) grants for accelerating the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; and (2) technical assistance to regional state, tribal, and local governments with respect to harmful algal blooms and hypoxia events. NOAA must use cost effective methods in carrying out the Act and develop contingency plans for the long-term monitoring of hypoxia. Federal officials may determine whether a harmful algal bloom or hypoxia event is an event of national significance and give funding to the affected state or local government for assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of an event of national significance.

Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2004: TITLE I--NATIONAL SECURITY DEPARTMENT OF DEFENSE--MILITARY MILITARY PERSONNEL Military Personnel, Army For an additional amount for ``Military Personnel, Army'', $11,571,925,563. Military Personnel, Navy For an additional amount for ``Military Personnel, Navy'', $500,000,000. Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $714,572,724. Military Personnel, Air Force For an additional amount for ``Military Personnel, Air Force'', $1,000,000,000. OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for ``Operation and Maintenance, Army'', $21,007,164,701. Operation and Maintenance, Navy (including transfer of funds) For an additional amount for ``Operation and Maintenance, Navy'', $1,000,000,000, of which up to $30,000,000 may be transferred to the Department of Homeland Security for Coast Guard Operations. Operation and Maintenance, Marine Corps For an additional amount for ``Operation and Maintenance, Marine Corps'', $1,442,038,901. Operation and Maintenance, Air Force For an additional amount for ``Operation and Maintenance, Air Force'', $2,000,000,000. Operation and Maintenance, Defense-Wide For an additional amount for ``Operation and Maintenance, Defense- Wide'', $3,370,959,606, of which-- (1) not to exceed $11,609,448 may be used for the CINC Initiative Fund account, to be used primarily in Iraq and Afghanistan; (2) $24,766,822 is only for the Family Advocacy Program; and (3) not to exceed $890,057,690, to remain available until expended, may be used, notwithstanding any other provision of law, for payments to reimburse Pakistan, Jordan, and other key cooperating nations, for logistical and military support provided, or to be provided, to United States military operations in connection with military action in Iraq and the global war on terrorism: Provided, That such payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations on the use of these funds. Operation and Maintenance, Marine Corps Reserve For an additional amount for ``Operation and Maintenance, Marine Corps Reserve'', $12,383,411. Operation and Maintenance, Air Force Reserve For an additional amount for ``Operation and Maintenance, Air Force Reserve'', $41,020,050. Operation and Maintenance, Air National Guard For an additional amount for ``Operation and Maintenance, Air National Guard'', $165,628,127. Overseas Humanitarian, Disaster, and Civic Aid For an additional amount for ``Overseas Humanitarian, Disaster, and Civic Aid'', $27,475,694. Iraq Freedom Fund For an additional amount for ``Iraq Freedom Fund'', $1,539,103,237. PROCUREMENT Procurement of Weapons and Tracked Combat Vehicles, Army For an additional amount for ``Procurement of Weapons and Tracked Combat Vehicles, Army'', $2,078,634,662, to remain available until September 30, 2006. Other Procurement, Army For an additional amount for ``Other Procurement, Army'', $1,007,922,226, to remain available until September 30, 2006. Other Procurement, Navy For an additional amount for ``Other Procurement, Navy'', $59,097,509, to remain available until September 30, 2006. Procurement, Marine Corps For an additional amount for ``Procurement, Marine Corps'', $153,104,628, to remain available until September 30, 2006. Other Procurement, Air Force For an additional amount for ``Other Procurement, Air Force'', $660,890,156, to remain available until September 30, 2006. Procurement, Defense-Wide For an additional amount for ``Procurement, Defense-Wide'', $340,648,297, to remain available until September 30, 2006. RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, Development, Test and Evaluation, Navy For an additional amount for ``Research, Development, Test and Evaluation, Navy'', $26,314,749. Research, Development, Test and Evaluation, Air Force For an additional amount for ``Research, Development, Test and Evaluation, Air Force'', $30,238,743. Research, Development, Test and Evaluation, Defense-Wide For an additional amount for ``Research, Development, Test and Evaluation, Defense-Wide'', $201,862,762. REVOLVING AND MANAGEMENT FUNDS Defense Working Capital Funds For an additional amount for ``Defense Working Capital Funds'', $464,377,925. National Defense Sealift Fund For an additional amount for ``National Defense Sealift Fund'', $18,575,117, to remain available until expended. OTHER DEPARTMENT OF DEFENSE PROGRAMS Defense Health Program For an additional amount for ``Defense Health Program'', $509,561,898 for operation and maintenance. Drug Interdiction and Counter-Drug Activities, Defense (including transfer of funds) For an additional amount for ``Drug Interdiction and Counter-Drug Activities, Defense'', $56,499,314: Provided, That these funds may be used only for such activities related to Afghanistan: Provided further, That the Secretary of Defense may transfer the funds provided herein only to appropriations for military personnel; operation and maintenance; procurement; and research, development, test and evaluation: Provided further, That the funds transferred shall be merged with and be available for the same purposes and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available to the Department of Defense. TITLE II--GENERAL PROVISIONS Sec. 201. Except as otherwise expressly provided in this Act, amounts appropriated in this Act shall remain available until September 30, 2005. Sec. 202. The amounts provided in this Act are designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress). This Act may be cited as the ``Emergency Supplemental Appropriations Act for Military Operations in Iraq and Afghanistan, 2004''.

Emergency Supplemental Appropriations Act for Military Operations in Iraq and Afghanistan, 2004 - Makes emergency supplemental appropriations for FY 2004 (including the transfer of funds in some cases) for military operations in Iraq and Afghanistan. Designates such amounts as an emergency requirement under the FY 2004 concurrent budget resolution.

Making further emergency supplemental appropriations for fiscal year 2004 for military operations in Iraq and Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Illegal Logging Act of 2007''. SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES. The Lacey Act Amendments of 1981 are amended-- (1) in section 2 (16 U.S.C. 3371)-- (A) by striking subsection (f) and inserting the following: ``(f) Plant.-- ``(1) In general.--The term `plant' means any wild member of the plant kingdom, including roots, seeds, parts, and products thereof. ``(2) Exclusions.--The term `plant' excludes any common food crop or cultivar that is a species not listed-- ``(A) in the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington on March 3, 1973 (27 UST 1087; TIAS 8249); or ``(B) as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).''; (B) in subsection (h), by inserting ``also'' after ``plants the term''; and (C) by striking subsection (j) and inserting the following: ``(j) Take.--The term `take' means-- ``(1) to capture, kill, or collect; and ``(2) with respect to a plant, also to harvest, cut, log, or remove.''; (2) in section 3 (16 U.S.C. 3372)-- (A) in subsection (a)-- (i) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) any plant-- ``(i) taken, transported, possessed, or sold in violation of any foreign law or any law or regulation of any State that protects plants or that regulates-- ``(I) the theft of plants; ``(II) the taking of plants from a park, forest reserve, or other officially protected area; ``(III) the taking of plants from an officially designated area; or ``(IV) the taking of plants without, or contrary to, required authorization; ``(ii) taken, transported, or exported without the payment of appropriate royalties, taxes, or stumpage fees required by any foreign law or by any law or regulation of any State; or ``(iii) exported or transshipped in violation of any limitation under any foreign law or by any law or regulation of any State; or''; and (ii) in paragraph (3), by striking subparagraph (B) and inserting the following: ``(B) to possess any plant-- ``(i) taken, transported, possessed, or sold in violation of any foreign law or any law or regulation of any State that protects plants or that regulates-- ``(I) the theft of plants; ``(II) the taking of plants from a park, forest reserve, or other officially protected area; ``(III) the taking of plants from an officially designated area; or ``(IV) the taking of plants without, or contrary to, required authorization; ``(ii) taken, transported, or exported without the payment of appropriate royalties, taxes, or stumpage fees required by any foreign law or by any law or regulation of any State; or ``(iii) exported or transshipped in violation of any limitation under any foreign law or by any law or regulation of any State; or''; and (B) by adding at the end the following: ``(f) Plant Declarations.-- ``(1) In general.--Effective 180 days from the date of enactment of this subsection, it shall be unlawful for any person to import any plant unless the person files upon importation where clearance is requested a declaration that contains-- ``(A) the scientific name of any plant (including the genus and species of the plant) contained in the importation; ``(B) a description of-- ``(i) the value of the importation; and ``(ii) the quantity, including the unit of measure, of the plant; and ``(C) the name of the country from which the plant was taken. ``(2) Declaration relating to plant products.--Until the date on which the Secretary promulgates a regulation under paragraph (5), a declaration relating to a plant product shall-- ``(A) in the case in which the species of plant used to produce the plant product that is the subject of the importation varies, and the species used to produce the plant product is unknown, contain the name of each species of plant that may have been used to produce the plant product; and ``(B) in the case in which the species of plant used to produce the plant product that is the subject of the importation is commonly taken from more than 1 country, and the country from which the plant was taken and used to produce the plant product is unknown, contain the name of each country from which the plant may have been taken. ``(3) Review.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall review the implementation of each requirement described in paragraphs (1) and (2). ``(4) Report.-- ``(A) In general.--Not later than 180 days after the date on which the Secretary completes the review under paragraph (3), the Secretary shall submit to the appropriate committees of Congress a report containing-- ``(i) an evaluation of-- ``(I) the effectiveness of each type of information required under paragraphs (1) and (2) in assisting enforcement of section 3; and ``(II) the potential to harmonize each requirement described in paragraphs (1) and (2) with other applicable import regulations in existence as of the date of the report; ``(ii) recommendations for such legislation as the Secretary determines to be appropriate to assist in the identification of plants that are imported into the United States in violation of section 3; and ``(iii) an analysis of the effect of the provisions of subsection (a) and (f) on-- ``(I) the cost of legal plant imports; and ``(II) the extent and methodology of illegal logging practices and trafficking. ``(B) Public participation.--In conducting the review under paragraph (3), the Secretary shall provide public notice and an opportunity for comment. ``(5) Promulgation of regulations.--Not later than 180 days after the date on which the Secretary completes the review under paragraph (3), the Secretary may promulgate regulations-- ``(A) to limit the applicability of any requirement described in paragraph (2) to specific plant products; and ``(B) to make any other necessary modification to any requirement described in paragraph (2), as determined by the Secretary based on the review under paragraph (3).''; and (3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking ``section 4'' and inserting ``section 3(f), section 4,''.

Combat Illegal Logging Act of 2007 - Amends the Lacey Act Amendments of 1981 to redefine the term "plant" to include products of plants and to exclude any common food crop or cultivar that is a species not listed: (1) in the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or (2) as an endangered or threatened species under the Endangered Species Act of 1973. Redefines the term "take" to include harvesting, cutting, logging, or removing a plant. Makes it unlawful to import, export, transport, sell, receive, acquire, possess, or purchase in interstate or foreign commerce plants: (1) taken, transported, possessed, or sold in violation of specified foreign or state law; (2) taken, transported, or exported without the payment of royalties, taxes, or stumpage fees required by foreign or state law; or (3) exported or transshipped in violation of any limitation under foreign or state law. Makes it unlawful to import plants unless the importer files, when clearance is requested, a declaration that contains: (1) the scientific name of any plant contained in the importation; and (2) a description of the value of the importation, the quantity of the plant, and the name of the country from which the plant was taken. Sets forth requirements concerning the contents of a declaration. Authorizes the Secretary of the Interior to promulgate regulations to limit the applicability of, or to modify, declaration requirements.

A bill to amend the Lacey Act Amendments of 1981 to prevent illegal logging practices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Biological Resources Research and Development Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) existing information regarding the abundance and distribution of biological resources is inadequate and often inaccessible; (2) the loss of biological resources may have serious consequences for human welfare as raw material for research and agricultural, medicinal, and industrial development are irretrievably lost; (3) existing laws and programs relevant to the loss of indigenous biological resources in the United States are largely uncoordinated and inadequate, and sometimes result in duplication of efforts, conflicts in goals, and gaps in geographic and taxonomic coverage; and, (4) increased research in biological resources is needed to provide adequate knowledge to maintain and to ensure the sustainable use of natural resources. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``biological resources'' means the full range of variety and variability within and among living organisms (including both terrestrial and aquatic) and the ecological complexes in which they occur, and encompasses ecosystem or community diversity, species diversity, and genetic diversity; (2) the term ``genetic diversity'' means the differences in genetic composition within and among populations of a given species; (3) the term ``species diversity'' means the richness and variety of indigenous species in a particular location of the world; (4) the term ``community diversity'' means the variety between different integrated assemblages of species inhabiting different locales; and (5) the term ``United States'' means all of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other commonwealth, territory, possession, or area of legal or economic jurisdiction of the United States. SEC. 4. PURPOSES. It is the purpose of this Act-- (1) to undertake a nationally coordinated effort to survey, collect, inventory, synthesize, and disseminate adequate data and information for-- (A) the understanding of the full range of biological resources; (B) assessing the rate and scale of change in biological resources; (C) developing tests and making available cost effective methodologies for scientific and economic inventories of biological resources; and (D) evaluating the potential economic implications of the sustainable use of biological resources. (2) to support basic and applied research necessary for a full understanding of the nation's biological resources; and (3) to promote better understanding of the importance of biological resources and foster actions that prevent biological impoverishment and sustainably preserve biological resources. SEC. 5. NATIONAL CENTER FOR BIOLOGICAL RESOURCES (RESEARCH AND DEVELOPMENT). (a) Establishment and Purpose.--There is established within the Smithsonian Institution, in cooperation with the Environmental Protection Agency and the National Science Foundation, a National Center for Biological Resources (Research and Development) (the Center), whose purpose shall be to set research priorities, to provide leadership and coordination for the understanding and promotion of knowledge of the biota within the United States with respect to its composition, systematics, distribution, status, biological properties, ecological relationships (including environmental significance), and economic value, and the effect of human activities on the biota, and to make this knowledge accessible to the people of the United States and others working on research and development in biological resources throughout the world. The Center shall be administered by a Director. (b) Functions.--The functions of the Center shall be-- (1) to summarize and enhance the knowledge of the distribution, status, and characteristics of the biota in a manner that can be used in the sustainable development of natural products; (2) to prepare, with the assistance of agencies and other sources, lists and, where appropriate, maps of-- (A) indigenous biotic communities, species, and populations that appear to be in significant decline or in imminent danger of loss of viability; (B) areas of outstanding indigenous biotic importance; and, (C) factors, including the legal status and applicable laws, affecting the potential development of such communities, species, and populations; (3) to publish information, such as floral and faunal treatises, resource inventories, vegetation maps, atlases, and guides for practical use of biological information, and especially publications that synthesize information relevant to national goals of understanding biological resource use and its sustainable development; (4) to identify taxonomic groups, ecological communities, and geographical areas in need of study, and to develop a strategic plan for, initiate, and provide financial support toward an ongoing survey of the biota; (5) to provide for the conducting of research, through grants, contracts, or otherwise, by Federal, State, and private agencies, institutions, organizations, and individuals; (6) to make recommendations to Federal agencies and others on the technical management of data collection, storage, and retrieval; (7) to provide training and technical assistance to Federal agencies and others regarding collection and interpretation of biological data; (8) to raise additional funds through grants and contracts as necessary to support the activities of the Center; and (9) to research and explore the development of natural products. (c) Structure and Membership.-- (1) Board of trustees.--There is established in the Smithsonian Institution a Board of Trustees to be known as the Trustees of the National Center for Biological Resources (Research and Development), which shall provide advice and assistance to the Board of Regents of the Smithsonian Institution on all matters relating to the policies, administration, and operation of the Center. (2) Membership.--(A) The Board of Trustees shall consist of 19 members, including-- (i) one representative of the Smithsonian Institution; (ii) one representative of the Fish and Wildlife Service; (iii) one representative of the National Oceanic and Atmospheric Administration; (iv) one representative of the National Park Service; (v) one representative of the Department of Energy; (vi) one representative of the National Science Foundation; (vii) one representative of the Agricultural Research Service; (viii) one representative of the Environmental Protection Agency; (ix) one representative of the Forest Service; (x) one representative of the Bureau of Land Management; (xi) one representative of the Department of Defense; (xii) one representative of State biological surveys; (xiii) one representative of private organizations that maintain large data bases oriented toward biological resource inventories; (xiv) two scientists from nonprofit research institutions or universities; and (xv) two representatives from institutions with collections of biological specimens; and (xvi) two representatives from companies that develop products from biotic resources. (B) Members listed under clauses (xii) through (xv) of subparagraph (A) shall be appointed by the President from a list of nominees recommended by the National Academy of Sciences. (3) Terms.--Members of the Board of Trustees shall serve for terms of five years, and may serve more than one term. (4) Compensation of members.-- (A) Nongovernment members.--Each member of the advisory board that is not otherwise in the service of the Federal Government shall, to the extent provided for in advance in appropriations Acts, be paid actual travel expenses and per diem in lieu of subsistence expenses in accordance with section 5703 of title 5, United States Code, when such member is away from the member's usual place of residence. (B) Government members.--Each member of the advisory board that is otherwise in the service of the Federal Government shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Board of Trustees, such member shall, to the extent provided for in advance in appropriations Acts, be paid actual travel expenses, and per diem in lieu of subsistence expenses in accordance with subchapter I of chapter 57 of title 5, United States Code, when away from the member's usual place of residence. (5) Chairman.--The members of the Board of Trustees shall select one member to serve as Chairman. (6) Funding arrangements.--The Director of the Center shall make appropriate arrangements for necessary administrative and clerical support of the Board of Trustees, in consultation with the Chairman of the Board of Trustees. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 1994, $10,000,000 for fiscal year 1995, and $10,000,000 for fiscal year 1996, to remain available until expended as specified in appropriations Acts.

National Biological Resources Research and Development Act - Establishes within the Smithsonian Institution a National Center for Biological Resources (Research and Development) to facilitate the collection, synthesis, and dissemination of information relating to the sustainable use, research, development, and conservation of biological resources. Authorizes appropriations.

National Biological Resources Research and Development Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Arab Emirates Human Rights Accountability Act of 2010''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Sheikh Issa bin Zayed al-Nahyan is the brother of United Arab Emirates (hereinafter in this section referred to as ``UAE'') president and Abu Dhabi Emir Sheikh Khalifa bin Zayed al-Nahayan. (2) On April 22, 2009, ABC Nightline broadcast a few minutes of videotape documenting the severest forms of torture and abuse of an Afghan grain dealer, Mohammed Shah Poor, inflicted by Sheikh Issa assisted by other uniformed individuals acting under color of authority. (3) During Mr. Poor's ordeal, Sheikh Issa repeatedly insisted that his and his cronies actions be videotaped, reportedly for his later enjoyment of the extreme suffering of his victim, who miraculously survived the attack. (4) Excerpts of this video have been circulated on YouTube and longer footage was submitted in a United States civil court in 2009. (5) Around 2004, the matter was brought to the attention of the UAE Ministry of Interior, which is headed by another of Sheikh Issa's brothers. The Interior Ministry failed to investigate this matter, and when ABC News brought it again to their attention, the Ministry replied that the incidents were not part of a pattern of behavior and that the police had correctly followed procedures. (6) Human Rights Watch stated, regarding this incident: ``The UAE government's failure to prosecute those involved in this undisputed incident of torture and abuse at the hands of a royal family member and the police is an appalling miscarriage of justice. What's even more shocking is the government's insistence that it investigated and found no violation of UAE laws.''. (7) Only after an international outcry regarding the lack of action by UAE law enforcement and legal authorities and a hearing of the Tom Lantos Human Rights Commission in the U.S. House of Representatives on Wednesday, May 13, 2009, did Sheikh Issa finally have to face charges before a UAE court. (8) On January 10, 2010, the UAE court acquitted Sheikh Issa of the charges of rape, endangering life and causing bodily harm. According to Sheikh Issa's attorney, the court accepted their defense that Sheikh Issa had been under the influence of drugs. (9) In addition, the UAE court convicted Bassam and Ghassan Nabulsi, sentenced in absentia to five years each in prison. Bassam and Ghassan Nabulsi were former business partners of Sheikh Issa, who had filmed the attack and kept the video tape and ultimately brought a civil suit in the United States against Sheikh Issa during which they submitted the film. SEC. 3. VISA LIMITATIONS ON CERTAIN MEMBERS OF THE ROYAL FAMILIES OF UNITED ARAB EMIRATES. (a) Ineligible for Visas.-- (1) In general.--Except as provided in paragraph (2), an alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States who the Secretary of State determines to be-- (A) a member of the royal families of the United Arab Emirates; and (B) an officer or employee of the government of the United Arab Emirates. (2) Waiver for national interests.--The Secretary of State may waive paragraph (1) in the case of an alien if the Secretary determines that such a waiver would be in the national interests of the United States. Upon granting such a waiver, the Secretary of State shall provide notice to the Congress. (3) Termination.--The provisions of this subsection shall cease to be effective on the date that the Secretary of State transmits to the Congress a statement certifying the following: (A) That the Secretary has determined that the government of the United Arab Emirates has established an independent entity within that government that has authority to investigate an individual described in paragraph (1). (B) That the Secretary has determined that Sheikh Issa bin Zayed al-Nahyan has been tried, in accordance with what the Secretary determines to be appropriate international legal norms and human rights standards, for all offenses described in paragraph (4). (4) Offenses described.--An offense described in this paragraph is any offense under the law of the United Arab Emirates-- (A) that was committed in connection with the assault on Mohammed Shah Poor; and (B) for which Sheikh Issa bin Zayed al-Nahyan has not been tried as of the date of enactment of this Act. (b) Current Visas Revoked.--The Secretary of State, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), shall revoke the nonimmigrant visa or other documentation of any alien who is rendered ineligible for such visa or documentation under subsection (a). (c) Terminology.--The terms used in this Act shall have the meanings given such terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

United Arab Emirates Human Rights Accountability Act of 2010 - Makes an alien who is a member of the royal families of the United Arab Emirates (UAE) and who is an officer or employee of the UAE government ineligible to receive a U.S. entry visa and ineligible for U.S. admission until the Secretary of State certifies to Congress that: (1) the government of the UAE has established an independent governmental entity to investigate any such individual; and (2) Sheikh Issa bin Zayed al-Nahyan has been tried in accordance with international legal norms and human rights standards for specified offenses. Authorizes the Secretary to waive such prohibition for reasons of national interest. Describes such offense as any offense under UAE law: (1) that was committed in connection with the assault on Mohammed Shah Poor; and (2) for which Sheikh Issa bin Zayed al-Nahyan has not been tried. Directs the Secretary to revoke the nonimmigrant visa or other documentation of any alien who is rendered ineligible for such visa or documentation under the terms of this Act.

To make certain members of the royal families of the United Arab Emirates ineligible for visas or admission to the United States and to revoke visas and other entry documents previously issued to such family members until Sheikh Issa bin Zayed al-Nahyan has been tried in accordance with international legal norms and human rights standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset Forfeiture Act of 1993''. SEC. 2. CHAPTER 63 AMENDMENTS. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1347. Criminal forfeiture ``(a) In General.--A person convicted of a violation of section 1341 or 1343 of this title shall, notwithstanding any provision of State law, forfeit to the United States any property constituting or derived from any proceeds which the person obtained directly or indirectly from a scheme in violation of either of such sections. ``(b) Procedures of Controlled Substances Act Applicable.--With respect to a forfeiture under this section for a violation of this chapter, the provisions of subsections (b), (c), (e), (f), (g), (i), (k), (l), (m), (n), and (o) of section 413 of the Controlled Substances Act apply as they would to a forfeiture under that section for a violation of the Controlled Substances Act. ``(c) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General shall dispose of the property under section 1349 of this title. The Postal Service shall turn any such seized property over to the Attorney General for disposal under such section. ``(d) Substitute Assets.--If any of the property subject to forfeiture under this section, as a result of conduct of the defendant-- ``(1) cannot be located upon the exercise of due diligence; ``(2) has been transferred or sold to, or deposited with, a third party; ``(3) has been placed beyond the jurisdiction of the court; ``(4) has been substantially diminished in value; or ``(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5) of this subsection. ``Sec. 1348. Civil forfeiture ``(a) Property Subject to Civil Forfeiture.--Any property, as defined by subsection (b) of section 413 of the Controlled Substances Act, constituting or derived from any proceeds of a scheme in violation of section 1341 or 1343 of this title shall be subject to forfeiture to the United States. ``(b) Seizure.--(1) Except as provided in paragraph (2), any property subject to forfeiture to the United States under this section may be seized by the Attorney General or the Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property. ``(2) The Attorney General or the Postal Service may seize such property without such process when-- ``(A) the seizure is incident to a lawful arrest or search; or ``(B) such property has been the subject of a prior judgment in favor of the United States in a criminal injunction or forfeiture proceeding under section 1347 of this title. ``(3) The Government may seek the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. ``(c) Procedural Matters.--(1) With respect to a forfeiture of property under this section, the provisions of subsections (c), (d), (h), and (j) of section 511 of the Controlled Substances Act apply as they would to a forfeiture of property under that section, and the Postal Service may also perform any of the functions the Attorney General may perform under such subsections. ``(2) The filing of an indictment or information alleging a violation of section 1341 or 1343 of this title which is also related to a civil forfeiture proceeding under either section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding. ``(d) Disposition of Property.--After a seizure of property ordered forfeited under this section, the Attorney General or the Postal Service shall dispose of the property under section 1349 of this title. ``Sec. 1349. Disposition of forfeited property ``(a) In General.--After making due provision for the rights of any innocent persons, the Attorney General, after deducting the costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, shall deposit the property forfeited or the proceeds from the sale of property forfeited under section 1347 or 1348 of this title in the Department of Justice Assets Forfeiture Fund established by section 524(c) of title 28. The Postal Service may exercise the authority of the Attorney General in conducting administrative forfeitures and shall deposit the property forfeited or the proceeds of the property forfeited in the Postal Service Fund under section 2003(b)(7) of title 39. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant. Neither the defendant nor any person acting in concert with the defendant or on the defendant's behalf is eligible to purchase forfeited property sold by the United States. ``(b) Restraint Pending Appeal.--Upon application of a person other than the defendant or a person acting in concert with the defendant or on the defendant's behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal in the case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition will result in irreparable harm to the applicant. ``(c) Rules for Disposition.--The Attorney General and the Postal Service shall make rules providing for the disposition of such property and proceeds. Such rules shall provide that the Attorney General or the Postal Service may-- ``(1) retain the property for official use; ``(2) transfer the property to Federal, State, or local law enforcement agencies so as to reflect generally the contribution of such agencies to the seizure or forfeiture of such property; ``(3) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public; ``(4) require that the General Services Administration take custody of the property and dispose of it in accordance with law; ``(5) restore forfeited property to victims of an offense described in subsection (a); ``(6) destroy the property if it is harmful to the public or the expense of sale would exceed the amount realized from the sale; or ``(7) dispose of such funds or property as otherwise provided by law.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following new items: ``1347. Criminal forfeiture. ``1348. Civil forfeiture. ``1349. Disposition of forfeited property.''.

Asset Forfeiture Act of 1993 - Amends the Federal criminal code to provide for the criminal and civil forfeiture of the proceeds of mail and wire fraud. Makes the forfeiture procedures of the Controlled Substances Act applicable to forfeitures under this Act. Permits courts to order the forfeiture of substitute assets if the property subject to forfeiture under this Act: (1) cannot be located; (2) has been transferred to a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property. Sets forth: (1) procedures for the seizure of property subject to forfeiture; and (2) procedures and rules for the disposition of forfeited property (first making due provision for the rights of any innocent persons).

Asset Forfeiture Act of 1993

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as ``The Better Bracket Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $58,000............... 15% of taxable income. Over $58,000 but not over $102,300. $8,700, plus 28% of the excess over $58,000 Over $102,300 but not over $155,950. $21,104, plus 31% of the excess over $102,300 Over $155,950 but not over $278,450. $37,735.5, plus 36% of the excess over $155,950 Over $278,450.................. $81,835.5, plus 39.6% of the excess over $278,450 ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $47,000............... 15% of taxable income. Over $47,000 but not over $87,700. $7,050, plus 28% of the excess over $47,000 Over $87,700 but not over $142,000. $18,446, plus 31% of the excess over $87,700 Over $142,000 but not over $278,450. $35,279, plus 36% of the excess over $142,000 Over $278,450.................. $84,401, plus 39.6% of the excess over $278,450 ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $35,000............... 15% of taxable income. Over $35,000 but not over $61,400. $5,250, plus 28% of the excess over $35,000. Over $61,400 but not over $128,100. $12,642, plus 31% of the excess over $61,400. Over $128,100 but not over $278,450. $33,319, plus 36% of the excess over $128,100. Over $278,450.................. $87,445, plus 39.6% of the excess over $278,450. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $29,000............... 15% of taxable income. Over $29,000 but not over $51,150. $4,350, plus 28% of the excess over $29,000 Over $51,150 but not over $77,975. $10,552, plus 31% of the excess over $51,150 Over $77,975 but not over $139,225. $18,867.75, plus 36% of the excess over $77,975 Over $139,225.................. $40,917.75, plus 39.6% of the excess over $139,225 ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,700................ 15% of taxable income. Over $1,700 but not over $4,000 $255, plus 28% of the excess over $1,700. Over $4,000 but not over $6,100 $899, plus 31% of the excess over $4,000. Over $6,100 but not over $8,350 $1,550, plus 36% of the excess over $6,100. Over $8,350.................... $2,360, plus 39.6% of the excess over $8,350.''. (b) Inflation Adjustment To Apply in Determining Rates for 1999.-- Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``1998'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``1997'', and (3) by striking paragraph (7). (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``1997'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 42(h)(6)(G)(i)(II). (E) Section 68(b)(2)(B). (F) Section 135(b)(2)(B)(ii). (G) Section 151(d)(4). (H) Section 221(g)(1)(B). (I) Section 512(d)(2)(B). (J) Section 513(h)(2)(C)(ii). (K) Section 877(a)(2). (L) Section 911(b)(2)(D)(ii)(II). (M) Section 4001(e)(1)(B). (N) Section 4261(e)(4)(A)(ii). (O) Section 6039F(d). (P) Section 6334(g)(1)(B). (Q) Section 7430(c)(1). (2) Subparagraph (B) of section 59(j)(2) is amended by striking ``, determined by substituting `1997' for `1992' in subparagraph (B) thereof''. (3) Subparagraph (B) of section 63(c)(4) is amended by striking ``by substituting for'' and all that follows and inserting ``by substituting for `calendar year 1997' in subparagraph (B) thereof `calendar year 1987' in the case of the dollar amounts contained in paragraph (2) or (5)(A) or subsection (f).'' (4) Subparagraph (B) of section 132(f)(6) is amended by inserting before the period ``, determined by substituting `calendar year 1992' for `calendar year 1997' in subparagraph (B) thereof''. (5) Paragraph (2) of section 220(g) of such Code is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (6) Subparagraph (B) of section 685(c)(3) is amended by striking ``, by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (7) Subparagraph (B) of section 2032A(a)(3) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (8) Subparagraph (B) of section 2503(b)(2) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (9) Paragraph (2) of section 2631(c) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (10) Subparagraph (B) of section 6601(j)(3) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Better Bracket Act of 1998 - Amends the Internal Revenue Code to revise the tax imposed and increase the amount of income subject to the 15 percent tax bracket for joint returns and surviving spouses, heads of households, other unmarried individuals, married individuals filing separately, and estates and trusts.

Better Bracket Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Power Production Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) electric power utilities are a source of air pollutant emissions such as nitrogen oxides (NO<INF>x), sulfur dioxide (SO<INF>2), and anthropogenic emissions of carbon dioxide (CO<INF>2), a greenhouse gas; (2) the electric utility industry is entering a period of restructuring and deregulation in numerous States, regions, and Federal administrative bodies; (3) the opportunities for increased competition offers potentially significant economic benefits to all classes of consumers; however there remains a substantial risk of increased emissions and environmental damages due to changed operating procedures and market characteristics among electric utility generators; (4) studies have raised concerns regarding the likely impacts of electric utility restructuring on the environment, in particular, proposed restructuring actions which may be taken by the Federal Energy Regulatory Commission; (5) there have been a number of proposals among States for mitigating the environmental impacts of electric utility restructuring, but no regional or national mitigating strategies and policies have been developed or implemented; (6) it is in the national interest to further examine the entire range of environmental impacts associated with electric utility restructuring and to develop additional, more comprehensive strategies and policy recommendations for addressing such impacts; and (7) it is in the national interest for Federal and State utility regulators, Federal and State environmental authorities, and all other affected parties, to cooperate in the formulation of new policies and procedures that will result in no significant diminution in the quality of the national and global environment as a consequence of electric utility restructuring. SEC. 3. ASSESSMENT OF ENVIRONMENTAL IMPACTS. (a) In General.--The Administrator of the Environmental Protection Agency (hereinafter in this Act referred to as the ``Administrator'') shall undertake an assessment of the reasonable range of environmental impacts associated with the likely outcomes of electric utility restructuring within and among regions. The assessment shall consider significant proposed State and Federal alterations of public utility regulatory laws and the probable results of these alterations upon emissions or on the environment, including emissions of air pollutants, including pollutants for which standards are in effect under section 109 of the Clean Air Act, carbon dioxide and other greenhouse gases, carbon; and significant land and water impacts. (b) Consultation.--In performing the assessment under this section the Administrator shall consult with the Secretary of Energy, the Chair of the Federal Energy Regulatory Commission, the Chair of the Council on Environmental Quality, and other Federal and State agency officials as appropriate. (c) Report.--The Administrator shall submit a report to Congress within 6 months after the enactment of this Act containing the results of the assessment under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Administration for the fiscal year 1997 not more than $1,000,000 to be used to carry out the assessment under this section. SEC. 4. COMMISSION. (a) Establishment.--The Administrator and the Secretary of Energy shall establish and co-chair a commission to be known as the Commission for Environmental Mitigation of Electric Utility Restructuring (hereinafter in this section referred to as ``the Commission''). The Commission shall include a representative from the Council on Environmental Quality, the Federal Energy Regulatory Commission, and the Council of Economic Advisors. (b) Purpose.--The purpose of the Commission shall be to develop strategies and policies, using the assessment prepared under section 3, to mitigate the environmental impacts associated with electric utility restructuring. The strategies and policies shall-- (1) not reduce the benefits of electric utility restructuring; (2) preserve or enhance the quality of competition in the restructured industry, as well as preserving robust and fair competition between other fuels and electricity; (3) give due consideration to the impacts upon companies or investors in companies that provide service in the existing or restructured industry; (4) rely to the maximum extent possible on voluntary measures, economic incentives, and market based policies; (5) be flexible and performance-based; (6) fully mitigate all probable incremental environmental impacts associated with electric utility restructuring; (7) be consistent with the intent of existing State and Federal environmental and siting statutes, policies, and commitments; and (8) assist the Nation in meeting its environmental, economic, employment, and energy policy objectives, including the efficient use of natural resources. (c) Report.--Within 12 months after the enactment of this Act, the Commission shall submit a report to Congress containing the recommendations for strategies and policies developed under subsection (b). The report shall include, at a minimum-- (1) recommendations for the alteration of existing Federal environmental or regulatory statutes; (2) recommendations concerning rules and procedures for the operation of power pools, transmission groups, or other coordinated power systems; (3) recommendations concerning the need for regional and interregional mechanisms or institutions; and (4) options for Federal, regional, or model State policies to fully or adequately mitigate the adverse environmental impacts of restructuring. (d) Authorization of Appropriations.--There is authorized to be appropriated for the fiscal years 1997 and 1998, $1,000,000 to the Environmental Protection Agency and $1,000,000 to the Department of Energy to carry out the duties of the Commission. SEC. 5. EXISTING AUTHORITIES OF FERC AND STATES. Nothing in this Act shall be construed to limit or otherwise adversely affect the authority of the Federal Energy Regulatory Commission to address the mitigation of adverse environmental impacts in any rulemaking relating to the restructuring of the electric utility industry, competition in wholesale energy markets, open transmission access or any related matter. Nothing in this Act shall be construed to limit or affect in any way the authority of States to examine or address electric utility restructuring concerns and related environmental issues that are within the jurisdiction of State government authorities.

Clean Power Production Act - Instructs the Administrator of the Environmental Protection Agency to assess and report to the Congress on the reasonable range of environmental impacts associated with electric utility restructuring, including significant proposed State and Federal changes in public utility regulations and the probable results of such changes upon specified air pollutants and the environment. Directs the Administrator and the Secretary of Energy to: (1) establish and co-chair the Commission for Environmental Mitigation of Electric Utility Restructuring to develop strategies and policies using such assessment to mitigate environmental impacts associated with such restructuring; and (2) report to the Congress on such strategies and policies. Authorizes appropriations.

Clean Power Production Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Mental Health Parity Act of 1999''. TITLE I--PARITY FOR TREATMENT OF MENTAL ILLNESS SEC. 101. PARITY FOR TREATMENT OF MENTAL ILLNESS. (a) In General.--The Internal Revenue Code of 1986 is amended by adding at the end the following: ``Subtitle L--Parity for Treatment of Mental Illness ``SEC. 9901. PARITY FOR TREATMENT OF MENTAL ILLNESS. ``(a) Imposition of Tax.-- ``(1) Health insurance coverage.-- ``(A) In general.--In the case of any health insurance coverage offered by a health insurance issuer that fails to meet the standard under subsection (c) at any time during a calendar year, there is hereby imposed a tax equal to 25 percent of the premiums received under such plan during the calendar year. ``(B) Liability for tax.--The tax imposed under subparagraph (A) shall be paid by the health insurance issuer. ``(2) Group health plan.-- ``(A) In general.--In the case of a group health plan that fails to meet the standard under subsection (c) at any time during a calendar year, there is hereby imposed a tax equal to 25 percent of the health coverage expenditures for such calendar year under such plan. ``(B) Liability for tax.--The tax imposed under subparagraph (A) shall be paid by the group health plan. ``(C) Health coverage expenditures.--For purposes of this paragraph, the health coverage expenditures of any group health plan for any calendar year are the aggregate expenditures for such year for health coverage provided under such plan. ``(b) Limitation on Imposition of Tax.-- ``(1) Failure not discovered exercising reasonable diligence.--No tax shall be imposed under this section on any failure to meet the standard under subsection (c) for which it is established to the satisfaction of the Secretary that none of the persons liable for the tax knew, or exercising reasonable diligence would have known, that such failure existed. ``(2) Certain failures corrected within 30 days.--No tax shall be imposed under subsection (a) on any failure to meet the standard under subsection (c) if-- ``(A) such failure was due to reasonable cause and not to willful neglect, and ``(B) such failure is corrected during the 30-day period beginning on the first date any person liable for the tax knew, or exercising reasonable diligence would have known, that such failure existed. ``(3) Waiver by secretary.--In the case of a failure to meet the standard under subsection (c) that is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by this section to the extent that the payment of such tax would be excessive relative to the failure involved. ``(c) Standard for Parity for Treatment of Mental Illness.-- ``(1) In general.--A health insurance issuer with respect to health insurance coverage that it offers or a group health plan may not impose additional applications, preadmission screenings, or other procedural restrictions for services, nor impose treatment limitations or financial requirements on the coverage of benefits provided with respect to mental illness if similar limitations or requirements are not imposed on coverage for benefits with respect to other conditions. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed as prohibiting a health insurance issuer with respect to health insurance coverage that it offers or a group health plan from requiring preadmission screening prior to the authorization of services covered under the plan or from applying other limitations that restrict coverage for mental illness to those services that are medically necessary to the extent that such preadmission screening and authorization are required for access to other services covered by the issuer or plan. ``(d) Definitions.--For purposes of this section: ``(1) Mental illness.--The term `mental illness' means all of the clinical disorders and personality disorders, except for mental retardation, diagnosed on Axis I or Axis II of the most recent edition of the American Psychiatric Association's `Diagnostic and Statistical Manual of Mental Disorders'. ``(2) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9805(b)(1). ``(3) Health insurance issuer.--The term `health insurance issuer' has the meaning given such term by section 9805(b)(2). ``(4) Group health plan.--The term `group health plan' has the meaning given such term by section 5000(b)(1).''. (b) Clerical Amendment.--The table of subtitles of such Code is amended by adding at the end the following new item: ``Subtitle L. Parity for treatment of mental illness.'' SEC. 102. EFFECTIVE DATE. The amendment made by section 101 applies-- (1) with respect to health insurance coverage, to a contract, policy, or certificate initiated or renewed after December 31, 1999; and (2) with respect to group health plans, to plan years beginning after December 31, 1999. TITLE II--MEDICARE MENTAL HEALTH IMPROVEMENT SEC. 201. REFERENCES IN TITLE. Whenever in this title an amendment 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 that section or other provision of the Social Security Act. SEC. 202. INPATIENT PSYCHIATRIC HOSPITAL SERVICES. (a) Services Covered.--Section 1812(a) (42 U.S.C. 1395d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse for up to 60 days during a year.''. (b) Limitation on Coverage.--Section 1812(b)(3) (42 U.S.C. 1395d(b)) is amended to read as follows: ``(3) inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse that are furnished to the individual during a year after such services have been furnished to the individual for a total of 60 days during the year.''. (c) Conforming Amendments.--(1) Section 1812(a)(1) (42 U.S.C. 1395d(a)(1)) is amended by inserting ``(other than services described in paragraph (5))'' after ``inpatient hospital services'' the first place it appears. (2) Section 1812(b)(1) (42 U.S.C. 1395d(b)(1)) is amended by inserting ``(other than services described in paragraph (3))'' after ``inpatient hospital services'' the first place it appears. (3) Section 1812 (42 U.S.C. 1395d) is amended by striking subsection (c). (4) Section 1814(a) (42 U.S.C. 1395f(a)) is amended-- (A) in paragraph (2), by striking subparagraph (A); (B) in paragraph (3), by striking ``(other than inpatient psychiatric hospital services)''; and (C) by striking paragraph (4). (5) Section 1861 (42 U.S.C. 1395x) is amended by striking subsection (c). (d) Effective Date; Transition.--The amendments made by this section shall take effect January 1, 2000, except that-- (1) an individual who at any time prior to such date has been furnished inpatient psychiatric hospital services (as defined for purposes of title XVIII of the Social Security Act as of the date of the enactment of this Act) for 190 consecutive days is not entitled to any services under section 1812(a)(5) of such Act (as added by subsection (a)(3)); and (2) in the case of an individual who is not described in paragraph (1) and is receiving inpatient psychiatric hospital services (as defined for purposes of title XVIII of the Social Security Act as of the date of the enactment of this Act) on December 31, 1999, for which payment may be made under section 1812 of such Act, the number of days of services for which the individual is entitled under section 1812(a)(5) of such Act (and the number of days applicable under section 1812(b)(3) of such Act) shall be equal to the greater of 60 or the difference between 190 days and the number of days of such inpatient psychiatric hospital services furnished to the individual prior to January 1, 2000. SEC. 203. INTENSIVE RESIDENTIAL SERVICES. (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)), as amended by section 202(a), is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(6) intensive residential services (as described in section 1861(uu)) furnished to an individual for up to 120 days during any calendar year, except that such services may be furnished to the individual for additional days during the year if necessary for the individual to complete a course of treatment to the extent that the number of days of inpatient hospital services described in paragraph (5) that may be furnished to the individual during the year (as reduced under such paragraph) is not less than 15.''. (b) Services Described.--Section 1861 (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Intensive Residential Services ``(uu)(1) Subject to paragraph (2), the term `intensive residential services' means inpatient services provided in any of the following facilities: ``(A) Residential detoxification centers. ``(B) Crisis residential programs or mental illness residential treatment programs. ``(C) Therapeutic family or group treatment homes. ``(D) Residential centers for substance abuse treatment. ``(2) No service may be treated as an intensive residential service under paragraph (1) unless the facility at which the service is provided-- ``(A) is legally authorized to provide such service under the law of the State (or under a State regulatory mechanism provided by State law) in which the facility is located or is certified to provide such service by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meets such other requirements as the Secretary may impose to assure the quality of the intensive residential services provided. ``(3) No service may be treated as an intensive residential service under paragraph (1) unless the service is furnished in accordance with standards established by the Secretary for the management of such services.''. (3) Reduction in days of coverage for inpatient services.-- Section 1812(a)(5) and section 1812(b)(3), as amended by section 202, are each amended by striking the period at the end and inserting the following: ``, reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of inpatient residential services furnished to the individual under paragraph (6) during the year after such services have been furnished to the individual for 120 days during the year (rounded to the nearest day).''. (4) Amount of payment.--Section 1814 (42 U.S.C. 1395f) is amended-- (A) in subsection (b) in the matter preceding paragraph (1), by inserting ``other than intensive residential services,'' after ``hospice care,''; and (B) by adding at the end the following new subsection: ``Payment for Intensive Residential Services ``(m) The amount of payment under this part for intensive residential services under section 1812(a)(6) shall be equal to-- ``(1) the lesser of-- ``(A) the reasonable cost of such services, as determined under section 1861(v), or ``(B) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A): ``(2) if such services are furnished by a public provider of services or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this clause), free of charge or at nominal charges to the public, the amount determined in accordance with subsection (b)(2); and ``(3) if (and for so long as) the conditions described in subsection (b)(3) are met, the amounts determined under the reimbursement system described in such section.''. SEC. 204. LOWERING COINSURANCE FOR CERTAIN OUTPATIENT MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES. (a) In General.--Section 1833(c) (42 U.S.C. 1395l(c)) is amended by striking ``mental, psychoneurotic, and personality disorders'' and all that follows through ``are incurred'' and inserting the following: ``mental illness or substance abuse of an individual who, at the time such expenses are incurred, is over 18 years of age, is not an inpatient of a hospital, and has received 5 or more sessions of such treatment during the calendar year,''. (b) Requiring Services To Be Furnished in Accordance With Management Standards.--Section 1862(a) (42 U.S.C. 1395y(a)) is amended-- (1) by striking ``or'' at the end of paragraph (20); (2) by striking the period at the end of paragraph (21) and inserting ``; or''; and (3) by inserting after paragraph (21) the following new paragraph: ``(22) in the case of any items or services furnished under part B for the treatment of mental illness or emotional disturbance (including substance abuse), if the services are not furnished in accordance with standards established by the Secretary for the management of such services.''. SEC. 205. EFFECTIVE DATE. Except as otherwise provided in this title, the amendments made by this title shall apply to items and services furnished on or after January 1, 2000.

Title II: Medicare Mental Health Improvement - Amends title XVIII (Medicare) of the Social Security Act to restructure the mental health benefit, including: (1) coverage under Medicare part A (Hospital Insurance) of inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse for up to 60 days during a year, as well as coverage of intensive residential services furnished to an individual for up to 120 days during a year; (2) lower co-payments for certain outpatient mental health and substance abuse services; (3) waiver of co-payment for case management services furnished to a seriously mentally ill adult, a seriously emotionally disturbed child, or an adult or child with serious substance abuse disorder; (4) case management services for an unlimited duration for such individuals; and (5) provision of items and services furnished under Medicare part B (Supplementary Medical Insurance) for the treatment of mental illness or emotional disturbances according to standards established by the Secretary of Health and Human Services.

National Mental Health Parity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Go Global Act of 2012''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``Export Assistance Center'' has the meaning given that term in section 22(m) of the Small Business Act (15 U.S.C. 649(m)), as so redesignated by section 303 of this Act; and (3) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). TITLE I--STATUS OF EXPORTS BY SMALL BUSINESSES SEC. 101. STATUS OF EXPORTS BY SMALL BUSINESSES. Congress finds the following: (1) Ninety-five percent of the world's customers are located outside of the borders of the United States. (2) Of the approximately 28,000,000 small business concerns in the United States, fewer than 1 percent export their goods and services to foreign markets. (3) The approximately 300,000 small businesses that do export goods and services represent 98 percent of all identified exporters in the United States and account for more than 30 percent of total United States exports. (4) Jobs created by exports pay, on average, 15 to 20 percent more than jobs created by goods and services sold in the United States. (5) Small businesses are well positioned to increase their customer base and create new jobs by expanding to foreign markets. TITLE II--FACILITATION OF EXPORT OPPORTUNITIES FOR SMALL BUSINESS CONCERNS SEC. 201. EXPORT FINANCE SPECIALISTS. Section 22(k)(1) of the Small Business Act (15 U.S.C. 649(k)(1)) is amended by adding at the end the following: ``(C) Additional export finance specialists.-- ``(i) In general.--The Administrator may employ more than the minimum number of export finance specialists required under subparagraph (A) based on the demand for export finance specialists in the 15 States with the greatest volume of exports, as determined in accordance with the study required under section 1205(b) of the Small Business Jobs Act of 2010 (15 U.S.C. 649 note). ``(ii) Maximum number of export finance specialists.--The Administrator may not employ more than 50 export finance specialists. ``(D) Authorization of appropriations.--There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this paragraph.''. SEC. 202. PROMOTION OF EXPORTS BY RURAL SMALL BUSINESSES. (a) Small Business Administration--United States Department of Agriculture Interagency Coordination.-- (1) Export financing programs.--In coordination with the Secretary of Agriculture, the Administrator shall develop a program to cross-train export finance specialists and personnel from the Office of International Trade of the Administration on the export financing programs of the Department of Agriculture and the Foreign Agricultural Service. (2) Export assistance and business counseling programs.--In coordination with the Secretary of Agriculture and the Foreign Agricultural Service, the Administrator shall develop a program to cross-train export finance specialists, personnel from the Office of International Trade of the Administration, Small Business Development Centers, women's business centers, the Service Corps of Retired Executives authorized by section 8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1)), Export Assistance Centers, and other resource partners of the Administration on the export assistance and business counseling programs of the Department of Agriculture. (b) Report on Lenders.--Section 7(a)(16)(F) of the Small Business Act (15 U.S.C. 636(a)(16)(F)) is amended-- (1) in clause (i)-- (A) by redesignating subclauses (I) through (III) as items (aa) through (cc), respectively, and adjusting the margins accordingly; (B) by striking ``list, have made'' and inserting the following: ``list-- ``(I) have made''; (C) in item (cc), as so redesignated, by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(II) were located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986, or a nonmetropolitan statistical area and have made-- ``(aa) loans guaranteed by the Administration; or ``(bb) loans through the programs offered by the United States Department of Agriculture or the Foreign Agricultural Service.''; and (2) in clause (ii)(II), by inserting ``and by resource partners of the Administration'' after ``the Administration''. (c) Cooperation With Small Business Development Centers.--Section 21(c)(3)(M) of the Small Business Act (15 U.S.C. 648(c)(3)(M)) is amended by inserting after ``the Department of Commerce,'' the following: ``the Department of Agriculture,''. (d) List of Rural Export Assistance Resources.--Section 22(c)(7) of the Small Business Act (15 U.S.C. 649(c)(7)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) publishing an annual list of relevant resources and programs of the district and regional offices of the Administration, other Federal agencies, the small business development center network, Export Assistance Centers, the network of women's business centers, chapters of the Service Corps of Retired Executives, State and local export promotion programs, and partners in the private sector, that-- ``(i) are administered or offered by entities located in rural or nonmetropolitan statistical areas; and ``(ii) offer export assistance or business counseling services to rural small businesses concerns; and''. SEC. 203. REGISTRY OF EXPORT MANAGEMENT AND EXPORT TRADING COMPANIES. (a) Coordination With Export Management Companies and Export Trading Companies.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a program to register export management companies, as that term is defined by the Department of Commerce, and export trading companies, as that term is defined in section 103 of the Export Trading Company Act of 1982 (15 U.S.C. 4002). (b) Requirements.--The program established under subsection (a) shall-- (1) be similar to the program of the Administration for registering franchise companies, as in effect on the date of enactment of this Act; and (2) require that a list of the export management companies and export trading companies that register under the program, categorized by the type of product exported by the company, be made available on the website of the Administration. SEC. 204. REVERSE TRADE MISSIONS. Section 22(c) of the Small Business Act (15 U.S.C. 649(c)) is amended-- (1) in paragraph (12), by striking ``and'' at the end; (2) in paragraph (13), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(14) in coordination with other relevant Federal agencies, encourage the participation of employees and resources partners of the Administration in reverse trade missions hosted or sponsored by the Federal Government.''. SEC. 205. EXPORT EXPANSION INCENTIVE PROGRAM. (a) Fee Waiver.--The Administrator may waive a fee otherwise applicable under paragraph (18)(A) or (23)(A) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for a loan guaranteed under such section 7(a) on or after the date of enactment of this Act, if-- (1) the Administrator determines that the loan will be used to help a small business concern export for the first time; or (2) the loan is made to a small business concern certified as eligible to apply for trade adjustment assistance under chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.). (b) Reporting Requirement.--For each of fiscal years 2013 through 2016, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the waiver of fees under this section that includes-- (1) the number of small business concerns that received a fee waiver under this section in the fiscal year; (2) an estimate of the number of loans made under paragraphs (18)(A) and (23)(A) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) that would not have been made without a waiver of fees under this section; (3) the number of banks or lending institutions that made a loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for the first time because of a waiver of fees under this section; (4) the estimated number of jobs created by the waiver of fees under this section; (5) the estimated total value of the exports financed using a loan for which the Administrator waived a fee under this section; and (6) recommendations, if any, for improving or continuing the provisions of this section. (c) Termination.--The authority of the Administrator to waive fees under this section shall terminate on September 30, 2016. (d) Reallocation of Funds Available for the Community Adjustment and Investment Program to the Export Expansion Investment Program.-- (1) Termination of participation in community adjustment and investment program.--Notwithstanding section 543 of the North American Free Trade Agreement Implementation Act (22 U.S.C. 290m-2), the President shall terminate, on and after October 1, 2012, the participation of the Small Business Administration in the community adjustment and investment program established pursuant to that section. (2) Reduction of capital paid to the north american development bank.--The President shall reduce the amount of the paid-in capital that would otherwise be paid to the North American Development Bank by the United States for each of the fiscal years 2013 through 2016 by an amount equal to the amount received by the President during fiscal year 2012 under section 543(a)(2) of the North American Free Trade Agreement Implementation Act (22 U.S.C. 290m-2(a)(2)) for the participation of the Small Business Administration in the community adjustment and investment program. (3) Availability of amounts for the export expansion investment program.--For each of the fiscal years 2013 through 2016, an amount equal to the amount by which the President reduces the amount of the paid-in capital paid to the North American Development Bank under paragraph (1)(B) shall be available to the Administrator of the Small Business Administration to carry out subsection (a) of this section. SEC. 206. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM. Section 1207(a)(5) of the Small Business Jobs Act of 2010 (15 U.S.C. 649b note) is amended by inserting after ``Guam,'' the following: ``the Commonwealth of the Northern Mariana Islands,''. TITLE III--COORDINATION OF EXPORT PROMOTION RESOURCES FOR SMALL BUSINESS CONCERNS SEC. 301. INCREASED SMALL BUSINESS REPRESENTATION ON FEDERAL ADVISORY PANELS. It is the sense of Congress that the President and the Federal agencies that are members of the Trade Promotion Coordinating Committee should include small business concerns on the appropriate advisory panels, councils, and boards of such Federal agencies, such that the ratio that the number of members of the advisory panels, councils, and boards that are small business concerns bears to the total number of members of the advisory panels, councils, and boards is similar to the ratio that the number of small business concerns that export bears to the number of all business concerns in the United States that export. SEC. 302. PROMOTION OF INTERAGENCY DETAILS. It is the sense of Congress that the Administrator should periodically detail staff of the Administration to other Federal agencies that are members of the Trade Promotion Coordinating Committee, to facilitate the cross training of the staff of the Administration on the export assistance programs of such other agencies. SEC. 303. ANNUAL EXPORT STRATEGY. Section 22 of the Small Business Act (15 U.S.C. 649) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) Small Business Trade Strategy.-- ``(1) Development of small business trade strategy.--The Associate Administrator shall develop and maintain a small business trade strategy that is included in the report on the governmentwide strategic plan for Federal trade promotion required to be submitted to Congress by the Trade Promotion Coordinating Committee under section 2312(f)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)(1)) that includes, at a minimum-- ``(A) strategies to increase export opportunities for small business concerns, including a specific strategy to increase opportunities for small business concerns that are new to exporting; ``(B) recommendations to increase the competitiveness in the global economy of small business concerns in the United States that are part of industries in which small business concerns account for a high proportion of participating businesses; ``(C) recommendations to protect small business concerns from unfair trade practices, including intellectual property violations; ``(D) recommendations for strategies to promote and facilitate opportunities in the foreign markets that are most accessible for small business concerns that are new to exporting; and ``(E) strategies to expand the representation of small business concerns in the formation and implementation of United States trade policy. ``(2) Annual report to congress.--At the beginning of each fiscal year, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the small business trade strategy required under paragraph (1), which shall contain, at a minimum-- ``(A) a description of each strategy and recommendation described in paragraph (1); ``(B) specific policies and objectives, together with timelines for the implementation of such policies and objectives; and ``(C) a description of the progress of the Administration in implementing the strategies and recommendations contained in the report submitted for the preceding fiscal year.''. SEC. 304. REPORT ON MEMORANDA OF UNDERSTANDING. (a) Definition.--In this subsection, the term ``covered agreement'' means a memorandum of understanding or strategic alliance memorandum-- (1) between the Administration and another Federal agency, a government agency of a foreign nation, or any business concern; and (2) that-- (A) was entered during the 10-year period ending on the date of enactment of this Act; or (B) the Administrator intends to enter during the 1-year period beginning on the date of enactment of this Act. (b) Report Required.--Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Commerce, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on covered agreements that contains-- (1) the primary purpose of each covered agreement; (2) the benefit to small business concerns of each covered agreement; (3) the date on which each covered agreement will expire; and (4) any additional information determined appropriate by the Administrator.

Go Global Act of 2012 - Amends the Small Business Act to allow the Administrator of the Small Business Administration (SBA) to employ additional export finance specialists in the 15 states with the greatest volume of exports, as determined through a study required under the Small Business Jobs Act of 2010. Directs the Administrator to develop a program to cross-train export finance specialists: (1) with personnel within the SBA's Office of International Trade (Office) on the export financing programs of the Department of Agriculture (USDA) and the Foreign Agricultural Service (FAS); and (2) with personnel within such Office, small business development centers, women's business centers, the Service Corps of Retired Executives, export assistance centers, and other SBA resource partners on the export assistance and business counseling programs of the USDA. Requires: (1) information on loans provided through programs of the USDA and FAS to be included in a required annual SBA list of export finance lenders, and (2) an annual SBA list of rural export assistance resources. Directs the Administrator to establish a program to register export management companies and export trading companies. Requires the Office to encourage the participation of SBA employees and resource partners in reverse trade missions hosted or sponsored by the federal government. Authorizes the Administrator to waive section 7(a) (general small business loans) loan fees in the case of a small business: (1) exporting for the first time, or (2) certified as eligible to apply for trade adjustment assistance under the Trade Act of 1974. Requires the Administrator to report to the small business committees, in each of FY2013-FY2016, on such fee waivers. Provides a specified reallocation of funds from the Community Adjustment and Investment Program to the SBA's Export Expansion Investment Program. Amends the Small Business Jobs Act of 2010 to add the Commonwealth of the Northern Mariana Islands to the list of U.S. territories and possessions eligible for SBA grants to carry out export programs that assist certain small businesses. Expresses the sense of Congress in support of: (1) small business representation on international trade promotion advisory panels, councils, and boards; and (2) detailing SBA staff to other federal agencies for training on export assistance programs. Directs the SBA's Associate Administrator for International Trade to: (1) develop and maintain a small business trade strategy to be included within the government-wide strategic plan for federal trade promotion, and (2) report annually to the small business committees on such strategy. Requires the Administrator to report to such committees on any SBA memoranda of understanding entered into and their benefit to small businesses.

A bill to encourage exporting by small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Infrastructure Financing Act of 2001''. SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period at the end and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)(6)) is amended-- (1) by striking ``before fiscal year 1995''; and (2) by striking ``201(b)'' and all that follows through ``218,'' and inserting ``211,''. (b) Guidance for Small Systems.--Section 602 of the Federal Water Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end the following: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of enactment of this subsection, after providing notice and opportunity for public comment, the Administrator shall publish-- ``(A) a manual to assist small systems in obtaining assistance under this title; and ``(B) in the Federal Register, notice of the availability of the manual. ``(3) Definition of small system.--In this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and that serves a population of 20,000 or fewer inhabitants.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (c) and inserting the following: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The water pollution control revolving fund of a State shall be used only for providing financial assistance for activities that have, as a principal benefit, the improvement or protection of the water quality of navigable waters to a municipality, intermunicipal, interstate, or State agency, or other person, including activities such as-- ``(A) construction of a publicly owned treatment works; ``(B) implementation of lake protection programs and projects under section 314; ``(C) implementation of a nonpoint source management program under section 319; ``(D) implementation of an estuary conservation and management plan under section 320; ``(E) restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights; ``(F) implementation of measures to improve the efficiency of public water use; ``(G) development and implementation of plans by a public recipient to prevent water pollution; and ``(H) acquisition of land necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(2) Fund amounts.-- ``(A) Repayments.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments. ``(B) Availability.--The balance in the fund shall be available in perpetuity for providing financial assistance described in paragraph (1). ``(C) Fees.--Fees charged by a State to recipients of the assistance may be deposited in the fund and may be used only to pay the cost of administering this title.''. (b) Extended Repayment Period for Financially Distressed Communities.--Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) in subparagraph (A), by inserting after ``20 years'' the following: ``or, in the case of a financially distressed community, the lesser of 40 years or the expected life of the project to be financed with the proceeds of the loan''; and (2) in subparagraph (B), by striking ``not later than 20 years after project completion'' and inserting ``on the expiration of the term of the loan''. (c) Loan Guarantees.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5) and inserting the following: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies;''. (d) Administrative Expenses.--Section 603(d)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or the greater of $400,000 per year or an amount equal to \1/2\ percent per year of the current valuation of the fund, plus the amount of any fees collected by the State under subsection (c)(2)(C)''. (e) Technical and Planning Assistance for Small Systems.--Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations, except that the amounts used under this paragraph for a fiscal year shall not exceed 2 percent of all grants provided to the fund for the fiscal year under this title.''. (f) Consistency With Planning Requirements.--Section 603(f) of the Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (g) and inserting the following: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from the water pollution control revolving fund of the State for a project for construction of a publicly owned treatment works only if the project is on the priority list of the State under section 216, without regard to the rank of the project on the list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Principal Subsidization.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following: ``(i) Principal Subsidization.-- ``(1) In general.--Subject to paragraph (2), in a case in which a State makes a loan under subsection (d)(1) to a financially distressed community, the State may provide additional subsidization to the loan recipient (including forgiveness of principal). ``(2) Limitation.--For each fiscal year, the total amount of loan subsidies made by a State under this subsection shall not exceed 30 percent of the amount of the capitalization grant received by the State for that fiscal year. ``(j) Information To Assist States.--The Administrator may publish information to assist States in establishing the affordability criteria referred to in subsection (l). ``(k) Priority.--In making a loan under this section, a State may give priority to a financially distressed community. ``(l) Definition of Financially Distressed Community.--In this section, the term `financially distressed community' means any community that meets affordability criteria that are-- ``(1) established by the State in which the community is located; and ``(2) developed after public review and comment.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended by striking ``the following sums:'' and all that follows through the period at the end of paragraph (5) and inserting ``$3,000,000,000 for each of fiscal years 2002 through 2006.''.

Clean Water Infrastructure Financing Act of 2001 - Amends the Federal Water Pollution Control Act to remove certain requirements for States with respect to construction of treatment works under capitalization grant agreements.Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act.Requires revolving funds to be used only for providing assistance for activities that have as a principal benefit the improvement or protection of water quality of navigable waters.Provides for an extended repayment period and additional subsidization with respect to loans made to financially distressed communities from revolving funds.Reauthorizes appropriations for FY 2002 through 2006 for the revolving fund program.

A bill to amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Informed Taxpayers' Federal Government Annual Reporting Act of 2010''. SEC. 2. ANNUAL FEDERAL GOVERNMENT FINANCIAL INFORMATION INCLUDED IN FORM 1040 INSTRUCTIONS. (a) In General.--The Secretary of the Treasury shall prepare the report described in subsection (b) for each fiscal year and include such report in any published instructions for filling out the return of tax imposed on individuals by chapter 1 of the Internal Revenue Code of 1986 for the taxable years beginning during the fiscal year to which the report relates. (b) Report.-- (1) In general.--The report described in this subsection shall contain the following: (A) A division containing the summary described in paragraph (2), entitled ``Current Federal Government Finances''. (B) A division containing the summary described in paragraph (4), entitled ``Federal Government Finances & You''. (C) A division containing the summary described in paragraph (3), entitled ``Projected Federal Government Finances''. (2) Current federal government finances.--The summary described in this paragraph shall contain the following information: (A) For the fiscal year and the preceding fiscal year-- (i) the total amount of revenues received by the Federal Government, (ii) the total amount of Federal Government outlays, (iii) the amount of any Federal budget deficit or surplus, and (iv) the total gross Federal debt. (B) The amount of any difference between the Federal budget deficit or surplus for the fiscal year and for the preceding fiscal year. (3) Federal government finances & you.--The summary described in this paragraph shall contain the following information: (A) The estimated total number of income tax filers and nonfilers among United States households. (B) The estimated total number of filers who have an income tax liability greater than zero for the current taxable year. (C) The amount of the total gross Federal debt of the United States Government for the fiscal year per individual described in subparagraph (B). (D) The difference between the total gross Federal debt of the United States Government per individual described in subparagraph (B) for the fiscal year and for the preceding fiscal year. (4) Projected federal government finances.-- (A) In general.--The summary described in this paragraph shall contain the following information: (i) An estimate of the amount of revenues to be received by the Federal Government, Federal Government outlays, and Federal budget deficits or surpluses for the succeeding fiscal year and for each of the next 10 fiscal years. (ii) The aggregate of such revenues and of such outlays, and the net of such deficits and surpluses, for all such fiscal years. (iii) An estimate of the average total amount of the total gross Federal debt of the United States Government for the succeeding fiscal year and each of the next 10 fiscal years. (B) Based on cbo estimates.--The summary described in subparagraph (A) shall be based on the baseline and estimates supplied by the Congressional Budget Office, consistent with Section 257 of the Balance Budget and Emergency Deficit Control Act of 1985, included in the most recent Budget and Economic Outlook Report or Update or any successor document prepared by the Congressional Budget Office. (c) Other Requirements.--The report required under this section shall be written in a manner calculated to be understood by the average person and shall be prominently displayed-- (1) near the beginning of any published instructions for filling out the return of tax imposed on individuals by chapter 1 of the Internal Revenue Code of 1986, and (2) on the homepage of the Internal Revenue Service Web site.

Informed Taxpayers' Federal Government Annual Reporting Act of 2010 - Directs the Secretary of the Treasury to prepare for each fiscal year and include in any published instructions for filling out a federal income tax return and on the homepage of the Internal Revenue Service (IRS) website a three-part report containing: (1) federal revenues, outlays, the budget deficit or surplus, and total gross federal debt for the fiscal year and the preceding fiscal year; (2) the number of income tax filers and nonfilers among U.S. households, the number of filers who have an income tax liability greater than zero for the current taxable year, the amount of the total gross federal debt for the fiscal year per such filer, and the difference between the debt per filer for the fiscal year and the preceding fiscal year; and (3) estimates, for the succeeding fiscal year and each of the next 10 fiscal years, of the federal revenues, outlays, and budget deficits or surpluses, the aggregate of such revenues and outlays and the net of such deficits and surpluses, and the average total amount of the total gross federal debt.

To require the Internal Revenue Service to include in the Form 1040 instruction booklet information relating to Federal Government revenues, spending, and public debt.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Full Funding Act''. SEC. 2. AMENDMENTS TO IDEA. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(1) $12,664,883,000 for fiscal year 2012, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $1,182,683,000 for fiscal year 2012, which shall become available for obligation on July 1, 2012, and shall remain available through September 30, 2013; ``(2) $13,988,168,000 for fiscal year 2013, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $2,505,968,000 for fiscal year 2013, which shall become available for obligation on July 1, 2013, and shall remain available through September 30, 2014; ``(3) $15,468,770,000 for fiscal year 2014, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $3,986,570,000 for fiscal year 2014, which shall become available for obligation on July 1, 2014, and shall remain available through September 30, 2015; ``(4) $17,125,392,000 for fiscal year 2015, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $5,643,192,000 for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; ``(5) $18,978,960,000 for fiscal year 2016, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $7,496,760,000 for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; ``(6) $21,052,886,000 for fiscal year 2017, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $9,570,686,000 for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; ``(7) $23,373,370,000 for fiscal year 2018, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $11,891,170,000 for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; ``(8) $25,969,721,000 for fiscal year 2019, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $14,487,521,000 for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; ``(9) $28,874,737,000 for fiscal year 2020, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $17,392,537,000 for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; and ``(10) $35,308,178,000 for fiscal year 2021, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $23,825,978,000 for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022.''. SEC. 3. TOBACCO TAX INCREASE AND PARITY. (a) Short Title.--This section may be cited as the ``Saving Lives by Lowering Tobacco Use Act''. (b) Increase in Excise Tax on Small Cigars and Cigarettes.-- (1) Small cigars.--Section 5701(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``$50.33'' and inserting ``$100.50''. (2) Cigarettes.--Section 5701(b) of such Code is amended-- (A) by striking ``$50.33'' in paragraph (1) and inserting ``$100.50'', and (B) by striking ``$105.69'' in paragraph (2) and inserting ``$211.04''. (c) Tax Parity for Pipe Tobacco and Roll-Your-Own Tobacco.-- (1) Pipe tobacco.--Section 5701(f) of the Internal Revenue Code of 1986 is amended by striking ``$2.8311 cents'' and inserting ``$49.55''. (2) Roll-your-own tobacco.--Section 5701(g) of such Code is amended by striking ``$24.78'' and inserting ``$49.55''. (d) Clarification of Definition of Small Cigars.--Paragraphs (1) and (2) of section 5701(a) of the Internal Revenue Code of 1986 are each amended by striking ``three pounds per thousand'' and inserting ``four and one-half pounds per thousand''. (e) Clarification of Definition of Cigarette.--Paragraph (2) of section 5702(b) of the Internal Revenue Code of 1986 is amended by inserting before the final period the following: ``, which includes any roll for smoking containing tobacco that weighs no more than four and a half pounds per thousand, unless it is wrapped in whole tobacco leaf and does not have a cellulose acetate or other cigarette-style filter''. (f) Tax Parity for Smokeless Tobacco.-- (1) In general.--Section 5701(e) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1), by striking ``$1.51'' and inserting ``$26.79''; (B) in paragraph (2), by striking ``50.33 cents'' and inserting ``$10.72''; and (C) by adding at the end the following: ``(3) Smokeless tobacco sold in discrete single-use units.--On discrete single-use units, $100.50 per each 1,000 single-use units.''. (2) Discrete single-use unit.--Section 5702(m) of such Code is amended-- (A) in paragraph (1), by striking ``or chewing tobacco'' and inserting ``chewing tobacco, discrete single-use unit''; (B) in paragraphs (2) and (3), by inserting ``that is not a discrete single-use unit'' before the period in each such paragraph; and (C) by adding at the end the following: ``(4) Discrete single-use unit.--The term `discrete single- use unit' means any product containing tobacco that-- ``(A) is intended or expected to be consumed without being combusted; and ``(B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit.''. (3) Other tobacco products.--Section 5701 of such Code is amended by adding at the end the following new subsection: ``(i) Other Tobacco Products.--Any product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary.''. (g) Clarifying Other Tobacco Tax Definitions.-- (1) Tobacco product definition.--Section 5702(c) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, and any other product containing tobacco that is intended or expected to be consumed''. (2) Cigarette paper definition.--Section 5702(e) of such Code is amended by striking ``except tobacco,'' and inserting ``or cigar (other than roll-your-own tobacco)''. (3) Cigarette tube definition.--Section 5702(f) of such Code is amended by inserting before the period ``or cigars''. (4) Importer definition.--Section 5702(k) of such Code is amended by inserting ``or any other tobacco product'' after ``cigars or cigarettes''. (h) Inflation Adjustment.--Section 5701 of the Internal Revenue Code of 1986, as amended by subsection (f)(3), is amended by adding at the end the following new subsection: ``(j) Inflation Adjustment.--In the case of any calendar year after 2013, each amount set forth in this section shall be increased by an amount equal to-- ``(1) such amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof.''. (i) Floor Stocks Taxes.-- (1) Imposition of tax.--On tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of-- (A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax.--Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on such date for which such person is liable. (3) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase. (4) Articles in foreign trade zones.--Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.), or any other provision of law, any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph (1) if-- (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the 2d proviso of such section 3(a). (5) Definitions.--For purposes of this subsection-- (A) In general.--Any term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section. (B) Tax increase date.--The term ``tax increase date'' means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section (other than subsection (g) thereof). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (6) Controlled groups.--Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (j) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after December 31, 2011.

IDEA Full Funding Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations through FY2021 for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Saving Lives by Lowering Tobacco Use Act - Amends the Internal Revenue Code to increase excise taxes on cigars, cigarettes, pipe tobacco, roll-your-own tobacco, snuff, and chewing tobacco. Imposes an excise tax on smokeless tobacco sold in discrete single-use units. Taxes other tobacco products at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis. Provides for annual inflation adjustments to excise taxes on tobacco products and cigarette papers and tubes.

A bill to amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agriculture Export Enhancement Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement on agriculture.--The term ``Agreement on Agriculture'' means the Agreement described in section 101(d)(2) of the Uruguay Round Agreements Act. (2) Agreement on the application of sanitary; and phytosanitary measures.--The term ``Agreement on the Application of Sanitary and Phytosanitary Measures'' means the Agreement described in section 101(d)(3) of the Uruguay Round Agreements Act. (3) Uruguay Round Agreements.-- The term ``Uruguay Round Agreements'' has the meaning given such term in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7). (4) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (5) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. (6) WTO and wto member.--The terms ``WTO'' and ``WTO member'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). SEC. 3. PRINCIPAL AGRICULTURAL TRADE NEGOTIATING OBJECTIVES. The principle agricultural trade negotiating objectives of the United States with respect to the WTO Agreement on Agriculture shall include the following: (1) Elimination of tariffs on agricultural products.--The United States shall negotiate a specific date after which tariffs imposed on agricultural products shall be eliminated by WTO members and the United States shall negotiate the immediate elimination or substantial reduction of the tariffs imposed on the following products by certain WTO members: (A) Tariffs imposed on meat products by Japan. (B) Tariffs imposed on meat products by South Korea. (C) Tariffs imposed on grains, livestock, and meat products by the Philippines. (D) Tariffs imposed on wheat by South Africa. (E) Tariffs imposed on milling wheat, corn, and sorghum by Turkey. (2) Elimination of export and other trade-distorting subsidies.--The United States shall negotiate a specific date after which all export and other trade-distorting subsidies shall be eliminated by WTO members and the United States shall negotiate the elimination of the following subsidies provided by the certain WTO members: (A) Export subsidies on wheat, wheat flour, beef, and poultry provided by the European Union. (B) Domestic subsidies on pork and feed grains provided by the European Union. (3) Elimination of the unfair or trade-distorting activities of state trading enterprises.-- (A) In general.--The United States shall negotiate the elimination of the exclusive right of state trading enterprises to import agricultural products in the case of members of the WTO and shall negotiate the elimination of the ability of state trading enterprises to use their exclusive authority over the export of agricultural products to distort trade and international prices. (B) Specific reforms.--The United States shall negotiate the following specific reforms with respect to the activities of state trading enterprises: (i) Ensure that Australia adheres to its commitment to end the export monopoly of the Australia Wheat Board no later than January 1, 1999. (ii) Ensure that Canada eliminates the discretionary pricing practices of the Canadian Wheat Board. (4) Elimination of unjustified sanitary and phytosanitary restrictions on imports of united states agricultural products.--The United States shall negotiate the elimination of the following sanitary and phytosanitary restrictions on imports of United States agricultural products to the extent that the restrictions are inconsistent with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures: (A) Australia's quarantine and health restrictions on imports of livestock and poultry. (B) Australia's prohibition on poultry imports in the absence of WTO-required risk assessments. (C) Australia's ban on cooked pork. (D) Australia's requirement that most feed grains be steam-treated or processed in an alternative satisfactory manner at the port of entry. (E) Chile's refusal to permit United States beef in consumer cuts to enter the market without being graded to Chilean standards. (F) Egypt's refusal to adhere to the standard international practice of allowing producers to determine the shelf life of their product. (G) The European Union's failure to require labeling only for health or safety reasons. (H) The failure of the European Union's Specified Risk Material regulations to recognize regional disease differences in animal disease status and to account for available scientific information and advice relating to the control of bovine spongiform encephalopathy and other transmissible spongiform encephalopathies in products of animal origin. (I) The failure of the European Union to implement the requirements of the WTO with respect to the European Union's ban on growth promoting hormones in meat production. (J) The European Union's lengthy and unpredictable approval process for agricultural products that contain genetically modified organisms. (K) Greece's ban on the import of United States wheat. (L) India's sanitary and phytosanitary restrictions on imports of United States wheat. (M) Israel's ban on imports of non-kosher meat and meat products. (N) South Korea's excessive labeling requirements. (O) South Korea's failure to base its standards and testing procedures on scientific risk assessment. (P) Poland's zero tolerance policy on weed seeds. (Q) Turkey's ban on cattle and beef imports. SEC. 4. ACCESSION OF COUNTRIES WITH STATE TRADING ENTERPRISES TO GENERAL AGREEMENT ON TARIFFS AND TRADE AND WORLD TRADE ORGANIZATION. Section 1106 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2905) is amended-- (1) by striking ``major foreign country'' each place it appears and inserting ``foreign country''; (2) in subsection (a), by amending paragraph (1) to read as follows: ``(1) whether state trading enterprises produce or procure a significant share of-- ``(A) the goods exported from such foreign country; ``(B) the goods imported into such foreign country; or ``(C) the goods produced domestically in such foreign country; and''; and (3) in subsection (b)(2)(A)-- (A) by amending clause (i) to read as follows: ``(i) will make purchases and sales in international trade based solely on commercial considerations (including price, quality, availability, marketability, and transportation), and''; and (B) in clause (ii), by striking ``, in accordance with customary practice,''. SEC. 5. ACCESSION OF CHINA TO THE WTO. The United States shall not agree to the accession of the People's Republic of China to the WTO until the President certifies to Congress the following: (1) The People's Republic of China evenly applies phytosanitary and veterinary import quarantine standards that are based upon modern laboratory techniques. (2) The People's Republic of China agrees to eliminate the restrictive import licensing requirements it imposes on pork products. (3) The People's Republic of China agrees to permit the unrestricted importation of meat products. SEC. 6. THE ACCESSION OF RUSSIA TO THE WTO. The United States shall not agree to the accession of Russia to the WTO until the President certifies to Congress the following: (1) Russia agrees to change the Russian Veterinary Department requirements in a manner that brings the requirements into conformity with the WTO's Agreement on the Application of Sanitary and Phytosanitary Measures. In particular the requirements must be more transparent and based on sound science. (2) Russia agrees to change other sanitary and phytosanitary requirements that violate the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, especially the requirements governing the import of planting seeds and meat products.

Agriculture Export Enhancement Act of 1998 - Sets forth the principal agricultural trade negotiating objectives of the United States with respect to the World Trade Organization (WTO) Agreement on Agriculture. Requires the United States to negotiate: (1) a specific date after which tariffs imposed on agricultural products shall be eliminated by WTO members (including elimination or substantial reduction of tariffs imposed by Japan and South Korea on meats, the Philippines on grains, livestock, and meat, South Africa on wheat, and Turkey on milling wheat, corn, and sorghum); (2) a specific date after which all export and other trade-distorting subsidies shall be eliminated by WTO members (including elimination of European Union export subsidies on wheat, wheat flour, beef, and poultry and domestic subsidies on pork and feed grains); (3) elimination of the exclusive right of state trading enterprises to import agricultural products in the case of WTO members and their ability to use their exclusive authority over the export of agricultural products to distort trade and international prices (ensuring that Australia adheres to its commitment to end the export monopoly of the Australia Wheat Board no later than January 1, 1999, and that Canada eliminates the discretionary pricing practices of the Canadian Wheat Board); and (4) the elimination of certain sanitary and phytosanitary restrictions on imports of U.S. agricultural products to the extent that they are inconsistent with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures. (Sec. 4) Amends the Omnibus Trade and Competitiveness Act of 1988 to revise the requirement that the President make certain determinations before any foreign country (currently, major foreign country) can accede to the General Agreement on Tariffs and Trade (GATT) and the WTO. Requires the President to determine whether state trading enterprises in the foreign country produce or procure a significant share of: (1) the goods exported from, or imported into, such country; or (2) the goods produced domestically in such country. (An affirmative determination, together with another specified affirmative determination, mandates denial of GATT application to such a country.) Requires a country denied GATT application to enter into an agreement with the United States providing that the state trading enterprises will make purchases and sales in international trade based solely on commercial considerations (including price, quality, availability, marketability, and transportation), and on no other basis. Repeals the "in-accordance-with-customary practice" condition on the requirement that such state trading enterprises afford U.S. business firms adequate opportunity to compete for participation in such purchases and sales, before the GATT 1947 or the WTO agreement will apply between the United States and that country. (Sec. 5) Prohibits the United States from agreeing to the accession of the People's Republic of China to the WTO until the President certifies to the Congress that China: (1) evenly applies phytosanitary and veterinary import quarantine standards based upon modern laboratory techniques; (2) agrees to eliminate the restrictive import licensing requirements it imposes on pork products; and (3) agrees to permit the unrestricted importation of meat products. (Sec. 6) Prohibits the United States from agreeing to the accession of Russia to the WTO until the President certifies to the Congress that Russia agrees to change: (1) the Russian Veterinary Department requirements in a manner that brings them into conformity with WTO's Agreement on the Application of Sanitary and Phytosanitary Measures (in particular transparency and basis on sound science); and (2) other sanitary and phytosanitary requirements that violate the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, especially those governing the import of planting seeds and meat products.

Agriculture Export Enhancement Act of 1998

SECTION 1. ACCRUAL RATES FOR MEMBERS OF CONGRESS UNDER CSRS AND FERS. (a) CSRS.-- (1) Members.--Section 8339(c) of title 5, United States Code, is amended by striking all that follows ``with respect to--'' and inserting the following: ``(1) so much of his service as a Member as was performed before the beginning of the 106th Congress; ``(2) so much of his military service as-- ``(A) is creditable for the purpose of this subsection; and ``(B) was performed before the beginning of such Congress; and ``(3) so much of his Congressional employee service as was performed before the beginning of such Congress; by multiplying 2\1/2\ percent of his average pay by the years of that service.''. (2) Technical amendment.--Section 8332(d) of title 5, United States Code, is amended by striking ``section 8339(c)(1)'' and inserting ``section 8339(c)''. (b) FERS.-- (1) Members.--Section 8415(b) of title 5, United States Code, is amended by striking ``shall'' and inserting ``shall, to the extent that such service was performed before the beginning of the 106th Congress,''. (2) Provisions relating to the 1.1 percent accrual rate.-- Section 8415(g) of title 5, United States Code, is amended-- (A) in paragraph (1) by striking ``an employee under paragraph (2),'' and inserting ``an employee or Member under paragraph (2),''; (B) in paragraph (2) by inserting ``or Member'' after ``in the case of an employee''; and (C) by adding at the end the following: ``(3) Notwithstanding any other provision of this subsection-- ``(A) this subsection shall not apply in the case of a Member whose separation (on which entitlement to annuity is based) occurs before the beginning of the 106th Congress; and ``(B) in the case of a Member to whom this subsection applies, the 1.1 percent accrual rate shall apply only with respect to any period of service other than a period with respect to which the 1.7 percent accrual rate applies under subsection (b) or (c).''. SEC. 2. TREATMENT OF MEMBERS OF CONGRESS AS EMPLOYEES FOR ANNUITY COMPUTATIONS. (a) Computation of Annuity.--Section 8415 of title 5, United States Code, is amended in subsection (a) by inserting ``or Member'' after ``employee''. (b) Contributions.-- (1) Deductions from pay.--Section 8422(a)(2) of title 5, United States Code, is amended-- (A) in subparagraph (A) by inserting ``or Member'' after ``employee)''; and (B) in subparagraph (B) by striking ``Member,''. (2) Government contributions.--Section 8423(a)(1) of title 5, United States Code, is amended-- (A) in subparagraph (A)(i) by striking ``subparagraph (B)),'' and inserting ``subparagraph (B)) and Members,''; (B) in subparagraph (A)(ii) by inserting ``and Members'' before ``(under''; (C) in subparagraph (B)(i) by striking ``Members,''; and (D) in subparagraph (B)(ii) by striking ``and Members''. (c) Effective Date; Savings Provision.-- (1) Effective date.--This section shall take effect as of the first day of the first applicable pay period beginning after the end of the 12-month period beginning on the date of the enactment of this Act. (2) Savings provision.--Any annuity or portion of an annuity computed based on service performed before the effective date of this section shall be computed in accordance with applicable provisions of law, as in effect immediately before the effective date of this section. SEC. 3. TWELVE-YEAR LIMITATION ON CREDITABLE SERVICE IN RETIREMENT SYSTEMS FOR MEMBERS OF CONGRESS. (a) Federal Employees' Retirement System.-- (1) Limitation.--Chapter 84 of title 5, United States Code, is amended by inserting after section 8410 the following: ``Sec. 8410a. Limitation relating to Members ``(a) This section shall apply with respect to any Member serving as-- ``(1) a Member of the House of Representatives after completing 12 years of service as a Member of the House of Representatives; or ``(2) a Senator after completing 12 years of service as a Senator. ``(b) A Member to whom this section applies remains subject to this chapter, except as follows: ``(1)(A) Deductions under section 8422 shall not be made from any pay for service performed as such a Member. ``(B) Government contributions under section 8423 shall not be made with respect to any such Member. ``(C) Service performed as such a Member shall not be taken into account for purposes of any computation under section 8415. ``(2) Government contributions under section 8432(c) shall not be made with respect to any period of service performed as such a Member. ``(c) Nothing in subsection (b) shall be considered to prevent any period of service from being taken into account for purposes of determining whether any age and service requirements for entitlement to an annuity have been met. ``(d) For purposes of subsection (a)-- ``(1) only service performed after the 105th Congress shall be taken into account; and ``(2) service performed while subject to subchapter III of chapter 83 (if any) shall be treated in the same way as if it had been performed while subject to this chapter. ``(e) For purposes of this section, the term `Member of the House of Representatives' includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.''. (2) Table of contents.--The table of contents for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8410 the following: ``8410a. Limitation relating to Members.''. (b) Civil Service Retirement System.-- (1) Limitation.--Chapter 83 of title 5, United States Code, is amended by inserting after section 8333 the following: ``Sec. 8333a. Limitation relating to Members ``(a) This section shall apply with respect to any Member serving as-- ``(1) a Member of the House of Representatives after completing 12 years of service as a Member of the House of Representatives; or ``(2) a Senator after completing 12 years of service as a Senator. ``(b) A Member to whom this section applies remains subject to this subchapter, except as follows: ``(1) Deductions under the first sentence of section 8334(a) shall not be made from any pay for service performed as such a Member. ``(2) Government contributions under the second sentence of section 8334(a) shall not be made with respect to any such Member. ``(3) Service performed as such a Member shall not be taken into account for purposes of any computation under section 8339, except in the case of a disability annuity. ``(c)(1) Nothing in subsection (b) shall be considered to prevent any period of service from being taken into account for purposes of determining whether any age and service requirements for entitlement to an annuity have been met. ``(2) Nothing in subsection (b) or (c) of section 8333 shall apply with respect to a Member who, at the time of separation, is a Member to whom this section applies. ``(d) For purposes of subsection (a), only service performed after the 105th Congress shall be taken into account. ``(e) For purposes of this section, the term `Member of the House of Representatives' includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.''. ``8333a. Limitation relating to Members of the House of Representatives.''. SEC. 4. CONGRESSIONAL RETIREMENT FORFEITURE. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this subchapter. Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(ii) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(iii) The offense is committed during the 106th Congress or later. ``(B) The offenses described in this subparagraph are as follows: ``(i) An offense within the purview of-- ``(I) section 201 of title 18 (bribery of public officials and witnesses); ``(II) section 203 of title 18 (compensation to Members of Congress, officers, and others in matters affecting the Government); ``(III) section 204 of title 18 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress); ``(IV) section 207 of title 18 (restrictions on former officers, employees, and elected officials of the executive and legislative branches); ``(V) section 219 of title 18 (officers and employees acting as agents of foreign principals); ``(VI) section 286 of title 18 (conspiracy to defraud the Government with respect to claims); ``(VII) section 287 of title 18 (false, fictitious, or fraudulent claims); ``(VIII) section 371 of title 18 (conspiracy to commit offense or to defraud the United States; ``(IX) section 597 of title 18 (expenditures to influence voting); ``(X) section 599 of title 18 (promise of appointment by candidate); ``(XI) section 602 of title 18 (solicitation of political contributions); ``(XII) section 606 of title 18 (intimidation to secure political contributions); ``(XIII) section 607 of title 18 (place of solicitation); ``(XIV) section 641 of title 18 (public money, property or records); ``(XV) section 1001 of title 18 (statements or entries generally); ``(XVI) section 1341 of title 18 (frauds and swindles); ``(XVII) section 1343 of title 18 (fraud by wire, radio, or television); ``(XVIII) section 1503 of title 18 (influencing or injuring officer or juror); ``(XIX) section 1951 of title 18 (interference with commerce by threats or violence); ``(XX) section 1952 of title 18 (interstate and foreign travel or transportation in aid of racketeering enterprises); ``(XXI) section 1962 of title 18 (prohibited activities); or ``(XXII) section 7201 of the Internal Revenue Code of 1986 (attempt to evade or defeat tax). ``(ii) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by clause (i). ``(iii) Subornation of perjury committed in connection with the false denial of another individual as specified by clause (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this subchapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director (within the meaning of section 8401(13)) shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2).''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) Notwithstanding any other provision of this chapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this chapter. Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(B) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(C) The offense is committed during the 106th Congress or later. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II of chapter 83 or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20).''.

Amends Federal law to decrease accrual rates for annuities for certain Members and certain former Members of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS). (Sec. 2) Treats Members' pay deductions and government contributions for annuity computations in FERS in the same manner as Federal employees' pay deductions and government contributions are treated. (Sec. 3) Prohibits deductions and contributions towards CSRS and FERS for a Member with more than 12 years service. (Sec. 4) Sets forth congressional retirement forfeiture provisions under CSRS and FERS.

A bill to amend chapters 83 and 84 of title 5, United States Code, to limit certain retirement benefits of Members of Congress, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S.-Israel Global Neuroscience Partnership Act''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) It is in the highest national security interests of the United States to develop neuroscience-related research and neurotechnology. (2) The State of Israel is a steadfast ally of the United States. (3) The four existing bilateral research and development (in this Act referred to as ``R&D'') foundations are successful tools for implementation of diverse programmatic R&D cooperation and include-- (A) the United States-Israel Binational Industrial Research and Development Foundation; (B) the United States-Israel Binational Science Foundation; (C) the United States-Israel Binational Agricultural Research and Development Foundation; and (D) the United States-Israel Science & Technology Foundation. (4) Given this proven success, it is in the economic interest of the United States to develop closer research, high- technology and innovation ties with Israel in strategic areas of mutual interest. (5) Both governments agreed to reach an umbrella Science & Technology Agreement under which existing R&D and Innovation funding programs can operate jointly on common priorities, in order to intensify, further and deepen the science and technology (in this Act referred to as ``S&T'') and innovation links between the United States and Israel beyond the existing bilateral foundations operations. The United States Department of State is drafting this Agreement. Congress supports this agreement and its implementation through Federal R&D and innovation programs. (6) The State of Israel has a centralized mechanism for policy and funding industrial R&D within the Ministry of Economy's Industrial R&D Administration, known as the Office of the Chief Scientist (in this Act referred to as ``OCS''). The OCS is the State of Israel's national authority in charge of policy and budgeting of industrial R&D and innovation. (7) The U.S.-Israel Joint Economic Development Group, a binational economic dialogue between both governments (in this Act referred to as ``JEDG'') to further enhance cooperation between the United States and Israel, requested the United States-Israel Science & Technology Foundation map and identify mechanisms of research and development in neuroscience and neurotechnology that can support further collaboration between the countries. (8) Israeli scientists and engineers are at the forefront of research and development in the field of neuroscience. (9) Israel Brain Technologies is a nonprofit organization whose mission is to turn Israel into a global brain technology and research leader by-- (A) supporting applied brain research; (B) accelerating brain technology development; (C) creating and fostering a community around neurotechnology; and (D) attracting key stakeholders to partner and support brain technology in Israel. (10) Enhanced cooperation between the United States and Israel for the purpose of research and development of neuroscience that would be in the national interests of both countries. (b) Bilateral Industrial R&D and Innovation Programs.-- (1) Congress supports the expansion of U.S.-Israel industry driven R&D with Federal and State entities through innovation linkages to promote economic growth and job creation. (2) It is in the best interest of the United States to hold a regular dialogue with Israel's OCS aiming to identify potential synergies and coordinating bilateral cooperation between R&D programs supported by the Federal Government and the Government of Israel detailing pathways to partnership with the OCS, and Israel's Ministry of Science, Technology, and Space (in this Act referred to as ``MOST''). SEC. 3. GRANTS FOR NEUROSCIENCE-RELATED RESEARCH. (a) Authority.--The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, in consultation with their government counterparts at OCS and MOST, shall award grants to eligible entities for neuroscience-related research and related technological innovation. (b) Application.-- (1) Submission of applications.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary containing such information and assurances as the Secretary, in consultation with the OCS and MOST, may require. (2) Selection of eligible entities.--The Secretary, in consultation with the Directors of the OCS and MOST, may review any application submitted by any eligible entity and select any eligible entity meeting criteria established by the Secretary, in consultation with the Advisory Committee, for a grant under this section. (c) Relation to SBIR and STTR Programs.--The Secretary shall carry out this section through the Small Business Innovation Research (``SBIR'') and Small Business Technology Transfer (``STTR'') programs of the National Institutes of Health. (d) Amount of Grant.--The amount of each grant awarded for a fiscal year under this section shall be determined by the Secretary, in consultation with the OCS and MOST. (e) Private Funds.--The Secretary may accept contributions of funds from private sources to carry out this Act. (f) Report.--Not later than 180 days after receiving a grant under this section, each recipient shall submit a report to the Secretary-- (1) documenting how the recipient used the grant funds; and (2) evaluating the level of success of each project funded by the grant. SEC. 4. U.S.-ISRAEL NEUROSCIENCE ADVISORY COMMITTEE. (a) Establishment.--There is established in the National Institutes of Health a U.S.-Israel Neuroscience Advisory Committee. (b) Duties.--The Advisory Committee shall advise the Secretary on-- (1) criteria for the recipients of grants awarded under section 3(a); and (2) the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the OCS and MOST. (c) Membership.-- (1) Composition.--The Advisory Committee shall be composed of-- (A) 3 members appointed by the Director of the National Institutes of Health; and (B) in addition to the members appointed under subparagraph (A), 3 members who shall be Israeli citizens, appointed by the Director of the National Institutes of Health after consultation with appropriate officials in the Israeli Government. (2) Deadline for appointments.--The initial appointments under paragraph (1) shall be made not later than 60 days after the date of enactment of this Act. (3) Term.--Each member of the Advisory Committee shall be appointed for a term of 4 years. (4) Vacancies.--A vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. (5) Basic pay.-- (A) Compensation.--A member of the Advisory Committee shall serve without pay. (B) Travel expenses.--Each member of the Advisory Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions of subchapter I of chapter 57 of title 5, United States Code. (6) Quorum.--Three members of the Advisory Committee shall constitute a quorum. (7) Chairperson.--The Chairperson of the Advisory Committee shall be designated by the Director of the National Institutes of Health from among the members appointed by the Director at the time of the appointment. (8) Meetings.--The Advisory Committee shall meet at least once annually at the call of the Chairperson. (d) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. SEC. 5. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the U.S.-Israel Neuroscience Advisory Committee established by section 4(a). (2) Eligible entity.--The term ``eligible entity'' means a joint venture that-- (A) is comprised of-- (i) Israeli and United States private business entities; (ii) Israeli academic persons and United States academic persons; (iii) one or more Israeli private business entities and one or more United States academic persons; or (iv) one or more United States private business entities and one or more Israeli academic persons; (B) carries out an eligible project; and (C) is selected by the Secretary, in consultation with the OCS or MOST, using the criteria established by the Secretary, in consultation with the Advisory Committee. (3) Eligible project.--The term ``eligible project'' means a project to encourage cooperation between the United States and Israel on neuroscience-related research and related technological innovation. (4) Israeli academic person.--The term ``Israeli academic person'' means-- (A) an institution of higher education that is located in Israel; (B) a subsidiary or affiliate of such an institution that is located in Israel; or (C) an individual who-- (i) conducts research for such an institution, subsidiary, or affiliate as an employee or contractor; and (ii) resides and works in Israel. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) United states academic person.--The term ``United States academic person'' means-- (A) an institution of higher education that is located in the United States; (B) a subsidiary or affiliate of such an institution that is located in the United States; or (C) an individual who-- (i) conducts research for such an institution, subsidiary, or affiliate as an employee or contractor; and (ii) resides and works in the United States. SEC. 6. TERMINATION. The grant program authorized under section 3 and the Advisory Committee shall terminate upon the expiration of the 7-year period which begins on the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The Secretary is authorized to expend not more than $20,000,000 to carry out this Act for each of fiscal years 2016 through 2022.

U.S.-Israel Global Neuroscience Partnership Act This bill directs the Department of Health and Human Services to award grants to eligible entities for U.S.-Israel cooperative neuroscience research and related technological innovation. The programs shall be carried out through the Small Business Innovation Research and Small Business Technology Transfer programs of the National Institutes of Health (NIH). The bill establishes in NIH a U.S.-Israel Neuroscience Advisory Committee. The grant program and the Committee are terminated seven years after enactment of this Act.

U.S.-Israel Global Neuroscience Partnership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollars for Scholars Community Scholarship Foundation Development Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the local community, when properly organized and challenged, is one of the best sources of academic support, motivation toward achievement, and financial resources for aspiring college students; (2) local communities, working to complement or augment services currently being offered by area schools and colleges, can raise the educational expectations and increase the rate of college attendance of their youth by forming locally based organizations that provide both academic support (including guidance, counseling, mentoring, tutoring, encouragement, and recognition) and tangible, locally raised, effectively targeted, publicly recognized financial assistance; (3) proven methods of stimulating these community efforts can be promoted through Federal support for the establishment of area program centers to organize and challenge community efforts to develop educational incentives and support for local students; and (4) using Federal funds to leverage private contributions to help students attain educational and career goals is an efficient and effective investment of scarce taxpayer-provided resources. SEC. 3. PURPOSE; ENDOWMENT GRANT AUTHORIZED. (a) Purpose.--It is the purpose of this Act to establish and endow 25 area program centers to promote the development of locally based, volunteer organizations which promote higher education goals in students by (1) providing academic support, including guidance, counseling, mentoring, tutoring, and recognition; and (2) providing financial assistance for the pursuit of post-secondary education. (b) Authority.--From the funds appropriated under section 5, the Secretary shall make an endowment grant to an eligible organization to support the establishment, or ongoing work, or both, of 25 area program centers to foster the development of locally based, volunteer organizations to improve high school graduation rates and postsecondary attendance through the provision of academic support services and tangible financial assistance for the pursuit of postsecondary education. SEC. 4. ELIGIBLE ORGANIZATION. (a) National Organization.--An organization shall be eligible for an endowment grant under section 3 if such organization-- (1) has extensive experience in creating, developing, and sustaining broadly based, volunteer-operated, community scholarship foundations; (2) has demonstrated the capacity to sustain newly created community scholarship foundations in towns, cities, and neighborhoods through ongoing training and support programs; (3) is exempt from income taxes under section 501(c)(3) of the Internal Revenue Code of 1986; (4) is a publicly supported organization within the meaning of section 170(b)(1)(A)(vi) of such Code; (5) is not a private foundation within the meaning of section 509(a) of such Code; (6) ensures that any of its local affiliated chapters meet the criteria specified in paragraphs (3), (4), and (5); (7) has received a ruling that provides the option of each community scholarship foundation affiliated with the organization to file Form 990 under the organization's group roster; and (8) has a program for or experience in cooperating with secondary and postsecondary institutions in carrying out its scholarship and academic support activities. (b) Regional Centers.--The area program centers established under this program shall-- (1) be part of, responsible to, and overseen by the eligible national organization; and (2) be staffed by professionals trained to create, develop, and sustain broadly based, volunteer-operated, community scholarship foundations in towns, cities, and neighborhoods. (c) Local Affiliated Chapters.--Each local affiliate of an eligible organization shall-- (1) be a nonprofit organization, recognized as tax exempt under section 501(3)(C) of the Internal Revenue Code of 1986 (or shall meet this criteria through affiliation with the eligible implementing parent organization in accordance with subsection (a) of this section); (2) be formed for the purpose of providing educational scholarships for local residents; (3) solicit broad-based community support in its fund- raising activities; (4) be broadly representative of the local community in the structures of its volunteer-operated organization and have a board of directors that includes leaders from local neighborhood organizations and neighborhood residents, such as school or college personnel, parents, students, community agency representatives, and representatives of the business community; (5) agree to award scholarships without regard to age, sex, marital status, race, creed, color, religion, national origin or the presence of any mental, sensory, or physical disability; and (6) agree to give priority in awarding scholarships to needy students in its local community. SEC. 5. CONDITIONS FOR GRANT. The Secretary shall make the endowment grant under this Act on the basis of an agreement with an eligible organization that-- (1) contains such terms and conditions as may be necessary to ensure that the endowment funds will be used to support an area director and area program office that will work with local communities to establish volunteer community scholarship foundations and provide ongoing technical assistance, training workshops, and other activities to help ensure the ongoing success of the local organizations; (2) contains terms and conditions requiring the organization to establish or support, or both, area program centers serving each area of the United States (including the territories and possessions of the United States); (3) contains terms and conditions specifying that, if appropriated funds are not sufficient to support 25 area program centers, the implementing organization will give preference to those areas of the country with higher than average dropout rates and lower than average postsecondary institutional enrollment; (4) requires the eligible organization to submit, for a period of up to five years following award of the grant, an annual report to the Secretary that-- (A) contains a description of the programs and activities supported by the endowment fund; (B) contains the audited financial statements of eligible organization for the preceding fiscal year; (C) contains a plan for the programs and activities to be supported by the endowment during the 3 succeeding fiscal years; and (D) contains or is accompanied by such evaluations of the programs and activities supported by the endowment fund as the Secretary may require; and (5) contains such assurances as the Secretary may require with respect to the management and operation of the endowment funds. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $40,000,000 to carry out this Act. SEC. 7. DEFINITIONS. For the purposes of this Act-- (1) the term ``Secretary'' means the Secretary of Education; and (2) the term ``community scholarship foundation'' means a tax-exempt, publicly supported, locally organized, volunteer- operated, broadly representative organization (formed in towns, rural communities, or neighborhoods of large cities) whose purpose is to raise funds for local scholarships, make scholarship awards to local deserving students, and provide academic support activities to encourage educational achievement.

Dollars for Scholars Community Scholarship Foundation Development Act - Directs the Secretary of Education to make an endowment grant to an eligible organization to support the establishment of 25 area program centers to foster development of locally based, volunteer organizations to improve high school graduation rates and postsecondary attendance through providing academic support services and financial assistance for postsecondary education. Sets forth requirements for the eligible organization, the area program centers, and the local affiliates of the eligible organization. Sets forth conditions for the endowment grant. Authorizes appropriations.

Dollars for Scholars Community Scholarship Foundation Development Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kyle Barthel Veterans and Service Members Mental Health Screening Act''. SEC. 2. MANDATORY CONFIDENTIAL SCREENINGS FOR SUICIDE AND SUBSTANCE ABUSE PREVENTION. (a) In General.--The Secretary of Defense shall ensure that each member of the armed forces on active duty (referred to in this Act as ``member'') is screened for mental health conditions by a licensed mental health professional for the purpose of reducing the prevalence of suicide among such service members, future veterans, and veterans. (b) Requirements for Screenings.-- (1) Mandatory.--Each member shall be required to participate in screenings under subsection (a) shall be mandatory. (2) Confidential.--With respect to the screenings conducted under this section, the Secretary shall ensure compliance with all applicable laws and regulations relating to the confidentiality of the health care information generated through such screenings. (3) In person screening required.--The licensed mental health professional conducting the screening under subsection (a) must be in the physical presence of the member at the time the screening for such member is conducted. (4) Standards.--The screenings under subsection (a) shall conform to a set of standards developed by the Secretary of Defense, in consultation with the National Institute for Mental Health, for the purpose of identifying suicide and substance abuse risk factors. (c) Timing of Screenings.--With respect to a member, the screenings under subsection (a) shall be conducted-- (1) within 30 days of such member's induction to active duty service; (2) as a component of each required physical exam; (3) one time during the 30-day period ending on the date such member is deployed to in support of a contingency operation (as defined in section 101(13) of title 10, United States Code); (4) one time during the 30-day period ending on the date that such deployment is scheduled to end; (5) one time during the 90-day period following the date under paragraph (4); and (6) one time during the 90-day period following the period in paragraph (5). (d) Protection From Adverse Treatment.--For the purpose of encouraging members to provide complete information during the screenings under subsection (a) and to discourage members from stigmatizing participation in treatment for depression and other mental health problems, the Secretary of Defense shall not use the results of a screening under subsection (a) to-- (1) prohibit a member from returning to the United States; (2) prohibit a member from being discharged from the armed forces; or (3) to involuntary discharge a member from the armed forces. (e) Defense Study and Report.-- (1) Study.--The Secretary of Defense shall conduct a study-- (A) to collect data on-- (i) the number of licensed mental health providers who are employed by the Secretary; (ii) the number of members that each such provider is expected to screen and treat; (iii) the expected retirement dates of such providers; (iv) the geographic location of such providers; and (v) the ability of members to access screening and treatment services offered by such providers; and (B) to evaluate whether redistributing such providers geographically, assigning different tasks to such providers, and hiring additional such providers would assist the Secretary in providing adequate mental health screening and treatment to members (including the mental health screenings required by this Act). (2) Report.--Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the Congress a report on the results of the study conducted under paragraph (1). (f) Department of Veterans Affairs.-- (1) Study.--The Secretary of Veterans Affairs shall conduct a study-- (A) to collect data on-- (i) the number of licensed mental health providers who are employed by the Secretary; (ii) the number of veterans that each provider is expected to screen and treat; (iii) the expected retirement dates of such providers; (iv) the geographic location of such providers; and (v) the ability of veterans to access screening and treatment services offered by such providers; (B) to evaluate whether redistributing such providers geographically, assigning different tasks to such providers, and hiring additional such providers would assist the Secretary in providing adequate mental health treatment and screening services to veterans; and (C) to determine the projected cost of hiring and retaining licensed mental health providers to be placed in each veteran hospital, community-based outpatient clinic, and facility operates under a contract to provide clinical services on behalf of the Department of Veterans Affairs. (2) Report.--Not later than one year after the date of the enactment of this section, the Secretary of Veterans Affairs shall submit to the Congress a report on the results of the study conducted under paragraph (1). SEC. 3. MANDATORY TBI SCREENINGS. (a) In General.--The Secretary of Defense shall require that each member on active duty is screened for a traumatic brain injury by a licensed professional who is qualified to conduct such screening. (b) Timing of Screenings.--With respect to a service member, the screenings under subsection (a) shall be conducted-- (1) as a component of each required physical exam; (2) one time during the 30-day period beginning on the date such member is deployed such member is deployed to in support of a contingency operation (as defined in section 101(13) of title 10, United States Code); (3) one time during the 30-day period ending on the date on which such deployment is scheduled to end for such member; and (4) one time during the 90-day period following the date under paragraph (3). SEC. 4. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS INFORMATION SHARING. Pursuant to and consistent with requirements of the Wounded Warrior Act (title XVI of Public Law 110-181) (including the requirements of section 1614 of that Act) and section 1720F of title 38, United States Code, the Secretary of Defense and the Secretary of Veterans Affairs shall establish a joint protocol to share existing and future reports concerning screenings conducted under this Act to help aid members and veterans who are transitioning from receiving health care and treatment through Department of Defense to receiving such care and services through the Department of Veterans Affairs.

Kyle Barthel Veterans and Service Members Mental Health Screening Act - Directs the Secretary of Defense to ensure that each member of the Armed Forces on active duty is required to participate in confidential, in-person screenings for mental health conditions by a licensed mental health professional to reduce the prevalence of suicide among service members, future veterans, and veterans. Prohibits the Secretary from using the results of such a screening to prohibit a member from returning to the United States, prohibit a member from being discharged from the Armed Forces, or involuntarily discharge a member. Directs the Secretary to require that each member on active duty is screened for a traumatic brain injury by a licensed professional who is qualified to conduct such screening. Directs the Secretary and the Secretary of Veterans Affairs to establish a joint protocol to share existing and future reports concerning screenings conducted under this Act to help aid members and veterans who are transitioning from receiving health care and treatment through the Department of Defense to receiving such care and services through the Department of Veterans Affairs.

To direct the Secretary of Defense to adopt a program of professional and confidential screenings for members of the armed forces on active duty to detect mental health conditions for the purpose of reducing the incidence of suicide among such members and veterans, and to detect traumatic brain injuries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Date Certain Tax Code Replacement Act''. SEC. 2. PURPOSE. The purpose of this Act is to set a date certain for replacing the Internal Revenue Code of 1986 with a simple and fair alternative. SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986. (a) In General.--No tax shall be imposed by the Internal Revenue Code of 1986-- (1) for any taxable year beginning after December 31, 2008; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2008. (b) Exception.--Subsection (a) shall not apply to taxes imposed by-- (1) chapter 2 of such Code (relating to tax on self- employment income); (2) chapter 21 of such Code (relating to Federal Insurance Contributions Act); and (3) chapter 22 of such Code (relating to Railroad Retirement Tax Act). SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND SIMPLIFICATION. (a) Findings.--The Congress finds the following: (1) The Internal Revenue Code of 1986 is overly complex, imposes significant burdens on individuals and businesses and the economy, is extremely difficult for the Internal Revenue Service to administer, and is in need of fundamental reform and simplification. (2) Many of the problems encountered by taxpayers in dealing with the Internal Revenue Service could be eliminated or alleviated by fundamental reform and simplification. (3) Recent efforts to simplify or reform the tax laws have not been successful due in part to the difficulty of developing broad-based, nonpartisan support for proposals to make such changes. (4) Many of the problems with the Internal Revenue Service stem from the overly complex tax code the agency is asked to administer. (b) Establishment.-- (1) In general.--To carry out the purposes of this section, there is established within the legislative branch a National Commission on Tax Reform and Simplification (in this section referred to as the ``Commission''). (2) Composition.--The Commission shall be composed of 15 members (of which not less than 2 members are from small businesses with less than 50 employees), as follows: (A) Three members appointed by the President, two from the executive branch of the Government and one from the private sector. (B) Four members appointed by the majority leader of the Senate, one from Members of the Senate and three from the private sector. (C) Two members appointed by the minority leader of the Senate, one from Members of the Senate and one from the private sector. (D) Four members appointed by the Speaker of the House of Representatives, one from Members of the House and three from the private sector. (E) Two members appointed by the minority leader of the House of Representatives, one from Members of the House and one from the private sector. (3) Chair.--The Commission shall elect a Chair (or two Co- Chairs) from among its members. (4) Meetings, quorums, vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chair (Co-Chairs, if elected) or a majority of its members. Nine members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any meeting of the Commission or any subcommittee thereof may be held in executive session to the extent that the Chair (Co-Chairs, if elected) or a majority of the members of the Commission or subcommittee determine appropriate. (5) Continuation of membership.--If-- (A) any individual who appointed a member to the Commission by virtue of holding a position described in paragraph (2) ceases to hold such position before the report of the Commission is submitted under subsection (g); or (B) a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, or was appointed to the Commission because the member was not an officer or employee of any government and later becomes an officer or employee of a government, that member may continue as a member for not longer than the 30-day period beginning on the date that such individual ceases to hold such position or such member ceases to be a Member of Congress or becomes such an officer or employee, as the case may be. (6) Appointment; initial meeting.-- (A) Appointment.--It is the sense of the Congress that members of the Commission should be appointed not more than 60 days after the date of the enactment of this Act. (B) Initial meeting.--If, after 60 days from the date of the enactment of this Act, eight or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co-Chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (c) Functions of the Commission.-- (1) In general.--The functions of the Commission shall be-- (A) to conduct, for a period not to exceed 18 months from the date of its first meeting, the review described in paragraph (2); and (B) to submit to the Congress a report of the results of such review, including recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986, as described in subsection (g). (2) Review.--The Commission shall review-- (A) the present structure and provisions of the Internal Revenue Code of 1986, especially with respect to-- (i) its impact on the economy (including the impact on savings, capital formation and capital investment); (ii) its impact on families and the workforce (including issues relating to distribution of tax burden); (iii) the compliance cost to taxpayers, including small businesses and corporations; and (iv) the ability of the Internal Revenue Service to administer such provisions; (B) whether tax systems imposed under the laws of other countries could provide more efficient and fair methods of funding the revenue requirements of the government; (C) whether the present income tax system should be replaced with a flat tax, a national sales tax, or any other specified tax system; (D) whether the Internal Revenue Code of 1986 can be simplified, absent wholesale restructuring or replacement thereof; and (E) the transition costs (including the length of time recommended for a smooth transition) associated with any changes to the present Federal tax system (both real and implied) which would be imposed on citizens, businesses, and the Government. (d) Powers of the Commission.-- (1) In general.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, as the Commission or such designated subcommittee or designated member may deem advisable. (2) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. (3) Assistance from federal agencies and offices.-- (A) Information.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, as well as from any committee or other office of the legislative branch, such information, suggestions, estimates, and statistics as it requires for the purposes of its review and report. Each such department, bureau, agency, board, commission, office, establishment, instrumentality, or committee shall, to the extent not prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair (Co-Chairs, if elected). (B) Treasury department.--The Secretary of the Treasury is authorized on a nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions. (C) General services administration.--The Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (D) Joint committee on taxation.--The staff of the Joint Committee on Taxation is authorized on a nonreimbursable basis to provide the Commission with such legal, economic, or policy analysis, including revenue estimates, as the Commission may request. (E) Other assistance.--In addition to the assistance set forth in subparagraphs (A), (B), (C), and (D), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable and as may be authorized by law. (4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (5) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this section. (e) Staff of the Commission.-- (1) In general.--The Chair (Co-Chairs, if elected), in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III or chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (2) Consultant services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (f) Compensation and Travel Expenses.-- (1) Compensation.-- (A) In general.--Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (B) Exception.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (g) Report of the Commission; Termination.-- (1) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report of the Commission shall describe the results of its review (as described in subsection (c)(2)), shall make such recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986 as the Commission considers appropriate, and shall describe the expected impact of such recommendations on the economy. The measurement of such impact shall be made using both static and dynamic scoring models. (2) Termination.-- (A) In general.--The Commission, and all the authorities of this section, shall terminate on the date which is 90 days after the date on which the report is required to be submitted under paragraph (1). (B) Concluding activities.--The Commission may use the 90-day period referred to in subparagraph (A) for the purposes of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating that report. (h) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary for the activities of the Commission. Until such time as funds are specifically appropriated for such activities, $2,000,000 shall be available from fiscal year 2006 funds appropriated to the Treasury Department, ``Departmental Offices'' account, for the activities of the Commission, to remain available until expended. SEC. 5. TIMING OF IMPLEMENTATION. In order to ensure an easy transition and effective implementation, the Congress hereby declares that any new Federal tax system shall be approved by Congress in its final form no later than July 4, 2008. If a new Federal tax system is not so approved by July 4, 2008, then Congress shall be required to vote to reauthorize the Internal Revenue Code of 1986.

Date Certain Tax Code Replacement Act - Terminates the Internal Revenue Code of 1986 for taxable years beginning after 2008, except provisions of such Code relating to social security taxation (i.e., taxes on wage, self-employment, and railroad retirement income). Establishes within the legislative branch a National Commission on Tax Reform and Simplification. Directs the Commission to: (1) review the Internal Revenue Code of 1986 and its impact on the economy, families, and the workforce: (2) determine whether the current income tax system can be replaced by more a more efficient and fair system of taxation; and (3) submit a report to Congress on the results of its review with recommendations for fundamental reform and simplification of the Code. Requires congressional approval of a new federal tax system no later than July 4, 2008, or a vote of Congress to reauthorize the Internal Revenue Code of 1986.

A bill to terminate the Internal Revenue Code of 1986, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raise Wages, Cut Carbon Act of 2009''. SEC. 2. REDUCTION OF SOCIAL SECURITY TAXES; TAX ON COMBUSTIBLE FOSSIL FUELS. (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end thereof the following new subchapter: ``Subchapter E--Reduction of Social Security Taxes; Tax on Combustible Fossil Fuels ``Part I. Carbon Tax Revenues To Offset Social Security Taxes. ``Part II. Tax on Combustible Fossil Fuels. ``Part III. Tax on Certain Additional Imported Substances. ``Part IV. Supermajority Required To Change Revenue Neutrality ``PART I--CARBON TAX REVENUES TO OFFSET SOCIAL SECURITY TAXES ``Sec. 4691. Disposition of revenues. ``SEC. 4691. DISPOSITION OF REVENUES. ``(a) Amounts Appropriated to Social Security Trust Funds.-- ``(1) In general.--There are hereby appropriated to the social security trust funds an amount equal to the net revenues received in the Treasury from the taxes imposed by parts II and III. ``(2) Allocation among funds.--Amounts shall be appropriated to such funds under paragraph (1) in the same proportions as amounts would (but for this subchapter) be appropriated to such funds under the Social Security Act and the Railroad Retirement Act of 1974. ``(b) Reduction in Social Security Taxes.-- ``(1) In general.--The rate of each social security tax for each calendar year (determined without regard to this section) shall be reduced by the number of percentage points equal to-- ``(A) such rate, multiplied by ``(B) the reduction percentage determined by the Secretary for such year. ``(2) Reduction percentage.--The reduction percentage determined by the Secretary under paragraph (1) for any calendar year shall be the highest percentage which the Secretary estimates will result in deposits into each trust fund equal to the amount which would (without regard to this section) be appropriated to each trust fund for such year on account of social security taxes. ``(c) Increase in Payments to Social Security Recipients for 2010 To Offset Cost of Carbon Tax Before Tax Reflected in Cost-of-Living Adjustments.--The Secretary shall notify the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund established under section 201 of the Social Security Act to increase the payments to which an individual is entitled under section 205(i) of such Act for 2010 by the average cost of the taxes imposed by parts II and III which is borne by individuals who are so entitled by reason of price increases in the costs of products and services. ``(d) Definitions.--For purposes of this subchapter-- ``(1) Social security tax.--The term `social security tax' means-- ``(A) the tax imposed by section 3101(a) (and so much of the tax imposed by section 3201(a) as is determined by reference to the tax imposed by section 3101(a)), ``(B) the tax imposed by section 3111(a) (and so much of the tax imposed by section 3221(a) as is determined by reference to the tax imposed by section 3111(a)), and ``(C) the tax imposed by section 1401(a) (and so much of the tax imposed by section 3211(a) as is determined by reference to the taxes imposed by sections 3101(a) and 3111(a)). ``(2) Social security trust fund.--The term `social security trust fund' means-- ``(A) the Federal Old-Age and Survivors Insurance Trust Fund established by section 202 of the Social Security Act, and ``(B) the Social Security Equivalent Benefit Account established under section 15A of the Railroad Retirement Act of 1974. ``(e) Determination Based on Estimates.--Determination under subsections (a) and (b) shall be made on the basis of estimates by the Secretary. Proper adjustments shall be made to the extent prior estimates were in excess of or less than more accurate amounts. ``(f) Publication of Rate Reductions.--Any adjustment under this section of social security tax rates for any calendar year shall be published in the Federal Register on or before November 1 of the preceding calendar year. ``PART II--TAX ON COMBUSTIBLE FOSSIL FUELS ``Sec. 4692. Imposition of tax. ``Sec. 4693. Refunds or credits. ``Sec. 4694. Other definitions and special rules. ``SEC. 4692. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed a tax on any taxable carbon substance sold by the manufacturer, producer, or importer thereof. ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) on any taxable carbon substance shall be the applicable amount per ton of the carbon dioxide emissions potential of such substance, as determined by the Secretary in consultation with the Secretary of Energy. ``(2) Fractional part of ton.--In the case of a fraction of a ton, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on a whole ton. ``(3) Applicable amount.--For purposes of paragraph (1)-- ``(A) In general.--The applicable amount for any calendar year is the amount determined under the following table for such year, as adjusted under subparagraph (B): ``In the case of calendar year-- The applicable amount is-- 2010............................................. $ 15.00 2011............................................. 15.98 2012............................................. 17.02 2013............................................. 18.13 2014............................................. 19.32 2015............................................. 20.58 2016............................................. 21.92 2017............................................. 23.35 2018............................................. 24.88 2019............................................. 26.50 2020............................................. 28.23 2021............................................. 30.07 2022............................................. 32.04 2023............................................. 34.13 2024............................................. 36.36 2025............................................. 38.73 2026............................................. 41.26 2027............................................. 43.95 2028............................................. 46.82 2029............................................. 49.88 2030............................................. 53.13 2031............................................. 56.60 2032............................................. 60.30 2033............................................. 64.23 2034............................................. 68.43 2035............................................. 72.89 2036............................................. 77.65 2037............................................. 82.72 2038............................................. 88.12 2039............................................. 93.87 2040 or thereafter............................... 100.00. ``(B) Inflation adjustment.-- ``(i) In general.--The applicable amount contained in the table under subparagraph (A) for any calendar year after 2010 shall be increased by an amount equal to-- ``(I) such applicable amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--Any increase determined under clause (i) shall be rounded to the nearest cent. ``(c) Taxable Carbon Substance.--For purposes of this subchapter, the term `taxable carbon substance' means-- ``(1) coal (including lignite and peat), ``(2) petroleum and any petroleum product (as defined in section 4612(a)(3)), and ``(3) natural gas, which is extracted, manufactured, or produced in the United States or entered into the United States for consumption, use, or warehousing. ``(d) Substance Taxed Only Once.--No tax shall be imposed by subsection (a) with respect to a taxable carbon substance if the person who would be liable for such tax establishes that a prior tax imposed by such section has been imposed with respect to such substance. ``SEC. 4693. REFUNDS OR CREDITS. ``(a) Sequestered Carbon.--Under regulations prescribed by the Secretary, if a person uses a taxable carbon substance so that the carbon associated with such substance will not be emitted, then an amount equal to the amount of tax in effect under section 4692(b) with respect to such substance for the calendar year in which such use begins shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4692. ``(b) Previously Taxed Carbon Substances Used To Make Another Taxable Carbon Substance.--Under regulations prescribed by the Secretary, if-- ``(1) a tax under section 4692 was paid with respect to any taxable carbon substance, and ``(2) such substance was used by any person in the manufacture or production of any other substance which is a taxable carbon substance, then an amount equal to the tax so paid shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4692. In any case to which this subsection applies, the amount of any such credit or refund shall not exceed the amount of tax imposed by section 4692 on the other taxable fuel manufactured or produced (or which would have been imposed by such subsection on such other fuel but for section 4692(d)). ``(c) Exemption for Exports.-- ``(1) Tax-free sales.-- ``(A) In general.--No tax shall be imposed under subsection (a) on the sale by the manufacturer or producer of any taxable carbon substance for export or for resale by the purchaser to a second purchaser for export. ``(B) Proof of export required.--Rules similar to the rules of section 4221(b) shall apply for purposes of subparagraph (A). ``(2) Credit or refund.--If-- ``(A) any person exports-- ``(i) a taxable carbon substance, or ``(ii) any other product any portion of the cost of which is attributable to the use of any taxable carbon substance as an energy source for the manufacture or production of such product, and ``(B) such person establishes to the satisfaction of the Secretary the portion of such cost which is attributable to the tax under section 4692, credit or refund (without interest) of such tax shall be allowed or made to such person. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection. ``SEC. 4694. OTHER DEFINITIONS AND SPECIAL RULES. ``(a) Definitions.--For purposes of this subchapter-- ``(1) United states.--The term `United States' has the meaning given such term by section 4612(a)(4). ``(2) Importer.--The term `importer' means the person entering the article for consumption, use, or warehousing. ``(3) Ton.--The term `ton' means 2,000 pounds. In the case of any taxable carbon substance which is a gas, the term `ton' means the amount of such gas in cubic feet which is the equivalent of 2,000 pounds on a molecular weight basis. ``(b) Use Treated as Sale.--If any person manufactures, produces, or imports any taxable carbon substance and uses such substance, then such person shall be liable for tax under section 4692 in the same manner as if such substance were sold by such person. ``(c) Special Rules for Inventory Exchanges.-- ``(1) In general.--Except as provided in paragraph (2), in any case in which a manufacturer, producer, or importer of a taxable carbon substance exchanges such substance as part of an inventory exchange with another person-- ``(A) such exchange shall not be treated as a sale, and ``(B) such other person shall, for purposes of section 4692, be treated as the manufacturer, producer, or importer of such substance. ``(2) Registration requirement.--Paragraph (1) shall not apply to any inventory exchange unless-- ``(A) both parties are registered with the Secretary as manufacturers, producers, or importers of taxable carbon substances, and ``(B) the person receiving the taxable carbon substance has, at such time as the Secretary may prescribe, notified the manufacturer, producer, or importer of such person's registration number and the internal revenue district in which such person is registered. ``(3) Inventory exchange.--For purposes of this subsection, the term `inventory exchange' means any exchange in which 2 persons exchange property which is, in the hands of each person, property described in section 1221(a)(1). ``PART III--TAX ON CERTAIN ADDITIONAL IMPORTED PRODUCTS ``Sec. 4695. Imposition of tax. ``Sec. 4696. Imported taxable product. ``SEC. 4695. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed a tax on any imported taxable product sold or used by the importer thereof. ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) with respect to any imported taxable product shall be the applicable amount under section 4692 per ton on the lesser of-- ``(1) the taxable carbon substances used in the manufacture or production of such product, or ``(2) the carbon dioxide emissions attributable to the manufacture or production of such product. ``(c) Procedure To Challenge Information Provided by Importer.--The Secretary shall establish a procedure under which interested persons may examine the information provided by an importer for purposes of this section, and bring to the attention of the Secretary any suspected errors in such information. ``SEC. 4696. IMPORTED TAXABLE PRODUCT. ``(a) In General.--For purposes of this part, the term `imported taxable product' means any article which, at the time of such article's sale or use by the importer, is described in the same heading of the Harmonized Tariff Schedule of the United States as a like article produced in a listed industry. ``(b) Listed Industry.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `listed industry' means any industry listed by the Administrator as being among the industries which, in the aggregate, account for 95 percent of the taxable carbon substances used in the United States. An industry may not be omitted from the list under the preceding sentence if it uses more taxable carbon substances per unit of output than any industry which is so listed. ``(2) Special rule for 2010 through 2012.-- ``(A) 2010.--During 2010, the term `listed industry' shall include only the 6 industries on the list under paragraph (1) having the highest average use of taxable carbon substances per unit of output. ``(B) 2011 and 2012.--During 2011 and 2012, the term `listed industry' shall include only-- ``(i) the industries described in subparagraph (A), and ``(ii)(I) in the case of 2011, the \1/3\ of the remaining industries on such list having the highest average use of taxable carbon substances per unit of output, or ``(II) in the case of 2012, the \2/3\ of the remaining industries on such list having the highest average use of taxable carbon substances per unit of output. ``(c) Other Definitions.--For purposes of this part, the terms `importer', `taxable carbon substance', and `United States' have the respective meanings given such terms by part II. ``PART IV--SUPERMAJORITY REQUIRED TO CHANGE REVENUE NEUTRALITY ``SEC. 4697. SUPERMAJORITY REQUIRED. ``A bill, joint resolution, amendment to a bill or joint resolution, or conference report that increases aggregate revenues under parts II and III greater than the aggregate reduction in revenues under part I may not be considered as passed or agreed to by the House of Representatives or the Senate unless so determined by a vote of not less than two-thirds of the Members of the House of Representatives or the Senate (as the case may be) voting, a quorum being present.''. (b) Clerical Amendment.--The table of subchapters for chapter 38 of such Code is amended by adding at the end the following new item: ``subchapter f. reduction of social security taxes; tax on combustible fossil fuels''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2010.

Raise Wages, Cut Carbon Act of 2009 - Amends the Internal Revenue Code to impose an environmental tax on: (1) any taxable carbon substance (i.e., coal, including lignite and peat, petroleum and any petroleum product, and natural gas that is extracted, manufactured, or produced in, or imported into, the United States); and (2) imported taxable products that account for a specified level of carbon substances used in the United States. Sets the amount of the tax at $15.00 per ton in 2010, and increases and adjusts for inflation such amount each year until the tax is $100 in 2040 and in subsequent years. Provides for a reduction in social security taxes by an amount determined by the Secretary of the Treasury to reflect the amount of revenues generated by the taxes imposed by this Act. Appropriates net revenues from such taxes to the social security trust funds. Requires a two-thirds vote of the House of Representatives or the Senate to increase the amount of the tax on taxable carbon substance or imported products beyond the amount required to compensate for the aggregate reduction in revenues resulting from the lower rates of social security taxes provided by this Act (i.e., revenue neutrality).

To amend the Internal Revenue Code of 1986 to reduce social security payroll taxes and to reduce the reliance of the United States economy on carbon-based energy sources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Care Assessment and Improvement Act of 2010''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) Critical care medicine is the care for patients whose illnesses or injuries present a significant danger to life, limb, or organ function and require comprehensive care and constant monitoring, usually in intensive care units. (2) Each year, approximately five million Americans are admitted into traditional, surgical, pediatric, or neo-natal intensive care units. (3) Nearly 80 percent of all Americans will experience a critical care injury or illness as a patient, family member, or friend of a patient. (4) Critical care medicine consumes a significant amount of financial resources, accounting for more than 13 percent of all hospital costs. (5) According to a 2006 report by the Health Resources and Services Administration (``HRSA''), demand in the United States for critical care medical services is on the rise, due in part to the growing elderly population, as individuals over the age of 65 consume a large percentage of critical care services. (6) The HRSA report also found that the growing aging population will further exacerbate an existing shortage of intensivists, the physicians certified in critical care who primarily deliver care in intensive care units, potentially compromising the quality and availability of care. (7) The demand on critical services and trained personnel increases exponentially in the event of a natural disaster or pandemic outbreak such as the H1N1 virus. (8) Ensuring the strength of our critical care medical delivery infrastructure is integral to the improvement of the quality and delivery of health care in the United States. (b) Purpose.--The purpose of this Act is to assess the current state of the United States critical care medical delivery system and implement policies to improve the quality and effectiveness of care delivered to the critically ill and injured. SEC. 3. STUDIES ON CRITICAL CARE. (a) Institute of Medicine Study.-- (1) In general.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall enter into an agreement with the Institute of Medicine under which, not later than 1 year after the date of the enactment of this Act, the Institute will-- (A) conduct an analysis of the current state of critical care health services in the United States; (B) develop recommendations to bolster critical care capabilities to meet future demand; and (C) submit to Congress a report including the analysis and recommendations under subparagraphs (A) and (B). (2) Issues to be studied.--The agreement under paragraph (1) shall, at a minimum, provide for the following: (A) Analysis of the current critical care system in the United States, including-- (i) the system's capacity and resources, including the size of the critical care workforce and the availability of health information technology and medical equipment; (ii) the system's strengths, limitations, and future challenges; and (iii) the system's ability to provide adequate care for the critically ill or injured in response to a national health emergency, including a pandemic or natural disaster. (B) Analysis and recommendations regarding regionalizing critical care systems. (C) Analysis regarding the status of critical care research in the United States and recommendations for future research priorities. (b) Government Accountability Office Study.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall issue a report including the following: (1) An inventory of all current and recent critical care research and critical care-related programs of the Federal Government and recommendations on how to better coordinate critical care research efforts. (2) An economic analysis of critical care costs as a percentage of overall Federal health care spending, and a comparison of such percentage to the percentage of Federal critical research expenditures relative to overall Federal health research spending. (c) Health Resources and Services Administration Study.-- (1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall review and update the Administration's 2006 study entitled ``The Critical Care Workforce: A Study of the Supply and Demand for Critical Care Physicians''. (2) Scope.--In carrying out paragraph (1), the Secretary shall expand the scope of the study to address the supply and demand of other providers within the spectrum of critical care delivery, including critical care nurses, mid-level providers (such as physician assistants and nurse practitioners), intensive care unit pharmacists, and intensive care unit respiratory care practitioners. SEC. 4. NIH CRITICAL CARE COORDINATING COUNCIL. (a) Establishment.--The Secretary, acting through the Director of the National Institutes of Health, shall establish a council within the Institutes to be known as the Critical Care Coordinating Council (in this section referred to as the ``Council''). (b) Membership.--The Secretary shall ensure that the membership of the Council includes representatives of each of-- (1) the National Heart, Lung, and Blood Institute; (2) the National Institute of Nursing Research; (3) the Eunice Kennedy Shriver National Institute of Child Health and Human Development; and (4) any other national research institute or national center of the National Institutes of Health that Secretary deems appropriate. (c) Duties.--The Council shall-- (1) coordinate the collection and analysis of information on current research of the National Institutes of Health relating to the care of the critically ill and injured, identify gaps in such research, and make recommendations to the Director of such Institutes on how to improve such research; and (2) provide annual reports to the Director regarding research efforts of the National Institutes of Health relating to the care of the critically ill and injured, and make recommendations in such reports on how to strengthen partnerships within the National Institutes of Health and between the National Institutes of Health and public and private entities to expand collaborative, cross-cutting research. SEC. 5. IMPROVING FEDERAL DISASTER PREPAREDNESS EFFORTS TO CARE FOR THE CRITICALLY ILL AND INJURED. (a) Report on Availability of Critical Care Practitioners.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the adequacy of the number of critical care practitioners in disaster medical assistance teams, the Medical Reserve Corps, and the Public Health Service Commissioned Corps. Such report shall include recommendations, as necessary, for addressing any shortages in the number of such practitioners. (b) Recommendations for Emergency ICU Evacuation Practices.--Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, in consultation with critical care practitioners, shall develop guidelines or best practices for the evacuation of intensive care units during a national health emergency, including a pandemic or natural disaster. (c) Panel on Emergency Preparedness Databases.-- (1) Establishment.--The Secretary shall establish a panel of emergency preparedness experts to be known as the Panel on Emergency Preparedness Databases (in this section referred to as the ``Panel''). (2) Membership.--The Secretary shall ensure that the membership of the Panel includes experts from the public and private sector and experts from the critical care community. (3) Duties.--The Panel shall-- (A) assess the adequacy of existing national preparedness databases in facilitating effective and coordinated local, State, and Federal medical responses during a national health emergency, including a pandemic or natural disaster; (B) identify gaps in existing information networks; (C) recommend specific ways to improve awareness of the availability of resources before, during, and after an incident; and (D) submit to the Director of the National Institutes of Health a report including the assessment, identification, and recommendations made under subparagraphs (A) through (C), respectively.

Critical Care Assessment and Improvement Act of 2010 - Requires studies on critical care in the United States by the Institute of Medicine and the Comptroller General. Directs the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to establish the Critical Care Coordinating Council to coordinate the collection and analysis of information on current NIH research relating to the care of the critically ill and injured, identify gaps in such research, and make recommendations to the Director of NIH on how to improve such research. Requires the Secretary to report to Congress on the adequacy of the number of critical care practitioners in disaster medical assistance teams, the Medical Reserve Corps, and the Public Health Service Commissioned Corps. Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, to develop guidelines or best practices for the evacuation of intensive care units during a national health emergency, including a pandemic or natural disaster. Requires the Secretary to establish the Panel on Emergency Preparedness Databases to: (1) assess the adequacy of existing national preparedness databases in facilitating effective and coordinated medical responses during a national health emergency; (2) identify gaps in existing information networks; and (3) recommend specific ways to improve awareness of the availability of resources before, during, and after an incident.

To improve the understanding and coordination of critical care health services.

SECTION 1. BORDER PREPAREDNESS ON INDIAN LAND. Subtitle D of title IV of the Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by adding at the end the following: ``SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON INDIAN LAND. ``(a) Definitions.--In this section: ``(1) Indian land.--The term `Indian land' means-- ``(A) all land within the boundaries of any Indian reservation; and ``(B) any land the title to which is-- ``(i) held in trust by the United States for the benefit of an Indian tribe or individual; or ``(ii) held by any Indian tribe or individual-- ``(I) subject to a restriction by the United States against alienation; and ``(II) over which an Indian tribe exercises governmental authority. ``(2) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community that is recognized by the Secretary as-- ``(A) eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and ``(B) possessing powers of self-government. ``(3) Tribal government.--The term `tribal government' means the governing body of an Indian tribe. ``(b) Purpose.--The purpose of this section is to require the Secretary, acting through the Office of Domestic Preparedness, to establish a pilot program for not fewer than 6 tribal governments on Indian land located on or near the border of the United States with Canada or Mexico in order to-- ``(1) facilitate the coordination of the response of an Indian tribe to a threat to the security of an international border of the United States with the responses of Federal, State, and local governments; ``(2) enhance the capability of an Indian tribe as a first responder to an illegal crossing of an immigrant over an international border of the United States; ``(3) provide training and technical assistance to Indian tribes in the use by the tribes of effective surveillance technologies, integrated communication systems and equipment, and personnel training; and ``(4) provide technical advice and assistance to Indian tribes to plan and implement strategies to detect and prevent-- ``(A) any illegal entry by a person into the land of the tribes; and ``(B) the transportation of any illegal substance within or near the boundaries of the land of the tribes. ``(c) Pilot Program.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary, acting through the Office of Domestic Preparedness, shall establish a pilot program under which the Secretary provides direct grants to eligible tribal governments, as determined by the Secretary, to achieve the purposes of this section. ``(2) Use of funds and assistance.-- ``(A) In general.--A tribal government shall use any funds or assistance provided under paragraph (1) consistent with the purposes of this section. ``(B) Administration by tribal governments.--A tribal government that receives any funds or assistance under paragraph (1) shall administer the funds or assistance in accordance with any requirement or regulation promulgated by the Secretary. ``(3) Selection criteria.--In selecting a tribal government to receive funds or assistance under paragraph (1), the Secretary may take into consideration-- ``(A) the distance between the Indian land in the jurisdiction of the tribal government and an international border of the United States; ``(B) the extent to which the resources of the Indian tribe are affected by-- ``(i) a border enforcement effort; or ``(ii) the threat of illegal immigration; and ``(C) the interests of the Indian tribe. ``(d) Reports.-- ``(1) Tribal governments.-- ``(A) In general.--Not later than 1 year after receiving funds or assistance under subsection (c) and annually thereafter, a tribal government shall submit to the Secretary a report in such a manner and containing such information as the Secretary may require. ``(B) Inclusion.--A report under subparagraph (A) shall include a description of-- ``(i) any funds or assistance received by the tribal government under this section; ``(ii) the use of the funds or assistance by the tribal government; ``(iii) any obstacle encountered by the tribal government in administering the funds or assistance; and ``(iv) any accomplishment made or obstacle encountered by the tribal government in developing a cooperative effort with another Indian tribe, the Federal Government, or a State or local government, and the effect of the accomplishment or obstacle on the tribe. ``(2) Secretary.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing-- ``(A) the information contained in the reports under paragraph (1); ``(B) the degree of success of-- ``(i) the Secretary in implementing the pilot program; and ``(ii) each project under the pilot program under subsection (c) in achieving the goals of the pilot program; and ``(C) any recommendation, including a legislative recommendation, of the Secretary relating to the pilot program. ``(e) Effect of Section.--Nothing in this section affects-- ``(1) the authority of the Commissioner of the Bureau of Customs and Border Protection; or ``(2) any authority of an Indian tribe, tribal organization, or tribal government participating in a program under this section. ``(f) Effect of Fund Allocation.--Any funds allocated under this section shall be in addition to, and not in lieu of, any funds available to an Indian tribe, tribal organization, or tribal government under this Act. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2006 through 2008.''.

Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, acting through the Office of Domestic Preparedness, to establish a border preparedness pilot program of direct grants to up to six eligible tribal governments on Indian land located on or near the border of the United States with Canada or Mexico. Requires recipients to use grant funds to: (1) facilitate coordination with federal, state, and local governments of the tribe's response to a security threat to an international border of the United States; (2) enhance the tribe's capability as a first responder to an illegal crossing by an immigrant over such a border; (3) provide training and technical assistance in the use of effective surveillance technologies and integrated communication systems and equipment; and (4) provide technical advice and assistance to plan and implement strategies to detect and prevent any illegal entry into tribal land, and the transportation of any illegal substance within or near its boundaries.

A bill to amend the Homeland Security Act of 2002 to provide for a border preparedness pilot program on Indian land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Drug Pricing Act''. SEC. 2. AGREEMENTS REGARDING PRICES OF BRAND-NAME PRESCRIPTION DRUGS; RELATION TO CERTAIN TAX DEDUCTIONS AND CREDITS. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following subpart: ``Subpart XI--Sustainable Drug Pricing ``SEC. 340H. AGREEMENTS REGARDING PRICES OF BRAND-NAME PRESCRIPTION DRUGS; RELATION TO CERTAIN TAX DEDUCTIONS AND CREDITS. ``(a) In General.-- ``(1) Agreement.--The Secretary may in accordance with this section enter into an agreement with any manufacturer of a brand-name prescription drug for purposes of-- ``(A) section 280I of the Internal Revenue Code of 1986 (relating to the allowance of a deduction for expenditures relating to the advertising, promoting, or marketing of such drug); and ``(B) section 901(l) of such Code (relating to the allowance of a foreign tax credit for income, war profits, or excess profits taxes paid or accrued with respect to such drug). ``(2) Coordination with tax provisions.--For purposes of the provisions of the Internal Revenue Code of 1986 referred to in paragraph (1), an agreement under this section shall be considered to be in effect with respect to a brand-name prescription drug unless the Secretary transmits to the Secretary of the Treasury a notice in writing that such an agreement is not in effect. ``(3) Negotiations.--The Secretary shall negotiate with any manufacturer of a brand-name prescription drug that in good faith seeks an agreement under paragraph (1), and shall make reasonable efforts to enter into such an agreement with the manufacturer. ``(b) Public Health Objectives of Agreement.--The purpose of an agreement under subsection (a) regarding a drug is to establish the maximum price at which the drug may be sold at wholesale under the agreement, reasonably taking into account-- ``(1) the affordability of the drug in relation to the public-health need for the drug; and ``(2) the need for the manufacturer to invest in research and development activities toward the development of new drugs that will benefit the public health. ``(c) Duration of Agreement; Renegotiation.-- ``(1) In general.--With respect to taxable years of a manufacturer, the Secretary may enter into an agreement under subsection (a) regarding a drug only if the agreement contains provisions in accordance with the following: ``(A) In the case of the agreement as first in effect, the agreement will be in effect for not fewer than four successive taxable years. ``(B) In the case of taxable years following such four taxable years, the agreement may be periodically renegotiated at the initiative of the manufacturer or the Secretary, except that any agreement that takes effect pursuant to such a renegotiation will remain in effect for not fewer than four taxable years. ``(C) Each agreement will apply to the entirety of the taxable years with which the agreement is concerned, except that in the case of the taxable year during which the drug first enters the commercial market, the applicability of the agreement will begin on the date during the taxable year on which commercial marketing of the drug begins. ``(2) Variation in maximum price under agreement.--With respect to the maximum price established for a drug under an agreement under subsection (a), this section may not be construed as requiring that the agreement provide that a single maximum price be in effect throughout the taxable years with which the agreement is concerned. The maximum price may vary under the agreement according to the terms of the agreement. ``(d) Violation of Agreement; Liquidated Penalty.-- ``(1) In general.--The Secretary may enter into an agreement under subsection (a) regarding a drug only if-- ``(A) the agreement specifies the amount that, as a liquidated penalty, the Secretary may require the manufacturer involved to pay to the United States for failing to maintain substantial compliance with the agreement; and ``(B) such amount is sufficient to deter violations of the agreement. ``(2) Hearing; loss of effective status of agreement.-- ``(A) Hearing.--If, after providing notice and an opportunity for a hearing, the Secretary determines that a manufacturer has failed to maintain substantial compliance with the agreement under subsection (a), the Secretary shall order the manufacturer-- ``(i) to pay to the United States an amount as a penalty for such failure, which amount does not exceed the amount specified under paragraph (1)(A) as a liquidated penalty; and ``(ii) to take appropriate action to bring the manufacturer into compliance with the agreement. ``(B) Loss of effective status.--If a manufacturer fails to comply with an order under subparagraph (A), the Secretary may transmit to the Secretary of the Treasury a notice in writing that an agreement under this section is not in effect with respect to the brand-name prescription drug involved. ``(e) General Provisions.-- ``(1) Individual drug agreements.--The Secretary shall ensure that each agreement under subsection (a) concerns only one brand-name prescription drug. ``(2) Monitoring of compliance.--With respect to brand-name prescription drugs for which agreements under subsection (a) are in effect, the Secretary shall monitor the prices at which such drugs are being sold and determine whether the manufacturers involved are in compliance with the agreements. The Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the agreement include provisions regarding the cooperation of the manufacturer with such monitoring of prices. ``(3) Access to records.--The Secretary may require, as a condition of a entering into an agreement under subsection (a) with a manufacturer, that the manufacturer provide the Secretary, during negotiations and after the agreement is made, with access to financial records of the manufacturer that relate to the brand-name prescription drug involved. ``(4) Consideration of compliance record.--In determining to what extent to establish requirements under paragraphs (2) and (3) with respect to an agreement under subsection (a) with a manufacturer, the Secretary shall take into account whether the manufacturer has maintained substantial compliance with any other agreements under such subsection that have been made by the manufacturer. ``(f) Advisory Panel on Drug-Price Negotiations.-- ``(1) In general.--The Secretary shall establish an advisory panel to be known as the Advisory Panel on Drug-Price Negotiations (in this subsection referred to as the `Advisory Panel'). ``(2) Duties.--The Advisory Panel shall provide advice to the Secretary on establishing prices for the sale of brand-name prescription drugs at wholesale under agreements under subsection (a). Not later than one year after the date on which the initial appointments to the Advisory Panel under paragraph (3) are completed, the Panel shall-- ``(A) select, from brand-name prescription drugs in commercial distribution as of the date of the enactment of the Sustainable Drug Pricing Act-- ``(i) a list of 25 drugs that the Panel considers important to the public health; and ``(ii) a list of the 25 most commonly prescribed drugs in the United States, exclusive of drugs included on the list under clause (i); and ``(B) submit to the Secretary the recommendations of the Panel with respect to such prices for drugs on the lists. ``(3) Composition.--The Advisory Panel shall be composed of five members appointed by the Secretary from among individuals who are not officers or employees of the Federal Government. Of such members-- ``(A) one shall be a representative of the pharmaceutical industry; ``(B) one shall be a representative of retail consumers generally; ``(C) one shall be a representative of retail consumers who are members of racial or ethnic minority groups; ``(D) one shall be an academic with expertise in health care economics; and ``(E) one shall be an academic with expertise in public health. The Secretary shall appoint the initial members of the Advisory Panel not later than 180 days after the date of the enactment of the Sustainable Drug Pricing Act. ``(4) Chair.--The Advisory Panel shall select, by recorded vote, a member of the Panel to serve as the chair of the Panel. ``(5) Terms.-- ``(A) In general.--Each member of the Advisory Panel shall be appointed for a term of four years, except that the term of each of the initial members expires December 31, 2007. ``(B) Service after expiration of term.--A member of the Advisory Panel may continue to serve after the expiration of the term of the member until a successor is appointed. ``(6) Vacancies.-- ``(A) Authority of advisory panel.--A vacancy in the membership of the Advisory Panel does not affect the power of the remaining members to carry out the duties of the Panel. ``(B) Appointment of successors.--A vacancy in the membership of the Advisory Panel shall be filled in the manner in which the original appointment was made. ``(C) Incomplete term.--If a member of the Advisory Panel does not serve the full term under paragraph (5)(A), the Secretary, not later than 30 days after the date on which the vacancy occurs, shall appoint an individual to serve as a member of the Advisory Panel for the remainder of such term. ``(g) Definitions.--For purposes of this section: ``(1) The term `brand-name prescription drug' means a drug meeting each of the following criteria: ``(A) An approved application under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act is in effect for the drug, or in the case of a drug that is a biological product, a biologics license is in effect for the drug under section 351 of this Act. ``(B) The drug is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. ``(C) A period of market exclusivity is in effect with respect to the drug pursuant to a patent or pursuant to section 505(j) or 505A of such Act. ``(2) The term `drug' has the meaning given such term in section 201(g)(1) of such Act.''. SEC. 3. DENIAL OF CERTAIN TAX BENEFITS UNLESS UNLESS PRICING AGREEMENT FOR BRAND-NAME PRESCRIPTION DRUGS IS IN EFFECT. (a) Deductions for Advertising.-- (1) In general.--Part IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following: ``SEC. 280I. DENIAL OF DEDUCTIONS FOR ADVERTISING FOR BRAND-NAME PRESCRIPTION DRUGS UNLESS PRICING AGREEMENT IS IN EFFECT. ``(a) In General.--No deduction shall be allowed under this chapter for any taxable year for any expenditure relating to the advertising, promoting, or marketing (in any medium) of any brand-name prescription drug manufactured by the taxpayer. ``(b) Exception for Qualified Pricing Agreement.-- ``(1) In general.--Subsection (a) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. ``(2) Special rule regarding initial commercial marketing.--In the case of the taxable year during which a brand-name prescription drug first enters the commercial market, subsection (a) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified pricing agreement.--The term `qualified pricing agreement' means an agreement entered into under section 340H of the Public Health Service Act. ``(2) Brand-name prescription drug.--The term `brand-name prescription drug' has the meaning given such term in section 340H of the Public Health Service Act. ``(d) Aggregation Rules.--For purposes of this section, all members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.''. (2) Clerical amendment.--The table of sections for such part IX is amended by adding after the item relating to section 280H the following: ``280I. Denial of deductions for advertising for brand-name prescription drugs unless pricing agreement is in effect.''. (b) Foreign Tax Credit.--Section 901 of such Code (relating to taxes of foreign countries and of possessions of United States) is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: ``(l) Denial of Foreign Tax Credit, Etc. With Respect to Brand-Name Prescription Drugs Unless Pricing Agreement Is in Effect.-- ``(1) In general.--Notwithstanding any other provision of this part, no credit shall be allowed under subsection (a) for any income, war profits, or excess profits taxes paid or accrued (or deemed paid under section 902 or 960) with respect to any brand-name prescription drug manufactured by the taxpayer. ``(2) Exception for qualified pricing agreement.---- ``(A) In general.--Paragraph (1) shall not apply with respect to any brand-name prescription drug for a taxable year if there is in effect for the entire taxable year a qualified pricing agreement with respect to such drug. ``(B) Special rule regarding initial commercial marketing.--In the case of the taxable year during which a brand-name prescription drug first enters the commercial market, paragraph (1) shall not apply with respect to such drug for such taxable year if a qualified pricing agreement with respect to the drug is in effect on the date of such entry and remains in effect throughout the remainder of such year. ``(3) Definitions.--For purposes of this subsection, the terms `qualified pricing agreement' and `brand-name prescription drug' have the meanings given such terms by section 280I. ``(4) Aggregation rules.--For purposes of this subsection, a rule similar to the rule of section 280I(d) shall apply. ''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. FEDERAL REGISTER NOTICE. Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a notice that informs manufacturers of brand-name prescription drugs of the provisions of the amendments made by this Act, and that invites the manufacturers to enter into negotiations with the Secretary for purposes of entering into agreements under section 340H of the Public Health Service Act.

Sustainable Drug Pricing Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to enter into agreements with the manufacturers of brand name prescription drugs for four-year terms to establish a maximum wholesale price for such drugs. Defines brand name prescription drugs as FDA-approved prescription drugs with market exclusivity. Requires such agreements to specify a liquidated penalty that is sufficient to deter violations for failure to maintain substantial compliance. Allows the Secretary to notify the Secretary of the Treasury that there is no longer an effective agreement in place if such a penalty is not paid. Requires the Secretary to monitor prices to ensure compliance. Allows the Secretary to require manufacturers entering into such agreements to cooperate with such monitoring and to allow the Secretary access to relevant financial records. Requires the Secretary to establish the Advisory Panel on Drug-Price Negotiations to advise the Secretary on establishing prices. Requires the Panel to provide the Secretary with recommended drug prices for 25 drugs that the Panel considers important to the public health and for an additional 25 drugs that are the most commonly prescribed drugs in the United States. Amends the Internal Revenue Code of 1986 to disallow: (1) a deduction for advertising, promotion, or marketing of brand name prescription drugs without a qualified pricing agreement in effect for the entire taxable year; and (2) a foreign tax credit for such drugs manufactured by the taxpayer without a qualified pricing agreement in effect for the entire taxable year.

To amend the Public Health Service Act and the Internal Revenue Code of 1986 to require agreements regarding the wholesale price of brand-name prescription drugs as a condition of the allowance of certain tax deductions and credits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SNAP Transparency Act of 2013''. SEC. 2. ESTABLISHING A UNIFORM REPORTING SYSTEM. Section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013) is amended by adding at the end the following: ``(d) Issuance of Uniform Reporting Guidelines.-- ``(1) Reporting guidelines for retail food stores.--Not later than one year after the date of the enactment of the SNAP Transparency Act of 2013, the Secretary shall issue guidelines in accordance with paragraph (2) that establish a uniform reporting system regarding the food items purchased partially or completely with benefits from the supplemental nutrition assistance program that can be applied with reasonable consistency by each retail food store that redeems such benefits. Such guidelines should be issued according to best practices of monitoring and evaluation studies and analyses. ``(2) Objectives of guidelines.-- ``(A) In general.--The guidelines issued under paragraph (1) shall provide direction to retail food stores that redeem benefits under this program on how to report on a quarterly basis the complete range, identities, sizes, quantites, and costs of particular food items purchased with such benefits. This uniform reporting system shall ensure that the reports from each retail food store are comparable. ``(B) Objectives.--Specifically, the guidelines shall provide direction on what information to include to comply with the reporting requirements established under paragraph (1): ``(i) The established uniform, quarterly reporting system or form to be made available to participating retail food stores. ``(ii) The identity (including label and brand name) of each food item purchased with such benefits in the reporting period. ``(iii) The size of each food item purchased with such benefits in the reporting period. ``(iv) The number of units of each identical food item purchased with such benefits in the reporting period. ``(v) The aggregate cost of each identical food item purchased with such benefits in the reporting period. ``(vi) The address of the retail food store in which the food item was purchased with such benefits in the reporting period. ``(vii) Application of rigorous monitoring and evaluation methodologies to ensure that-- ``(I) the total value of benefits redeemed by each reporting retail food store is equal to the total retail cost of food items purchased with such benefits reported in the reporting period; and ``(II) the accuracy of the information reported in the reporting period. ``(e) Submission and Publication of Reports.-- ``(1) Submission of reports by retail food stores.--Not later than 60 days after end of each calendar quarter, or earlier if determined by the Secretary, and in accordance with rules issued by the Secretary, each retail food store that redeems benefits under the supplemental nutrition assistance program shall submit to the Secretary a report that complies with subsection (d). ``(2) Publication of reports by secretary.--Not later than 90 days after the end of each calendar quarter, or earlier if determined by the Secretary, the Secretary shall compile, and shall publish on the Internet in a format searchable by the public as compiled, the information received in the reports submitted under paragraph (1) for such quarter. Such information so compiled shall include-- ``(A) a comprehensive, timely, comparable, and accessible information on the food items purchased with benefits from the supplemental nutrition assistance program, using the reporting requirements established by the Secretary under subsection (d)(1); ``(B) the identity (including label and brand name) of each food item purchased with such benefits in the reporting period; ``(C) the size of each food item purchased with such benefits in the reporting period; ``(D) the number of units of each identical food item purchased with such benefits in the reporting period; ``(E) the aggregate cost of each identical food item purchased with such benefits in the reporting period; ``(F) the address of the retail food store in which the food item was purchased with such benefits in the reporting period; and ``(G) with respect to each type of particular food item identified, the average retail sale price of the item purchased with such benefits.''. SEC. 3. CONGRESSIONAL BRIEFINGS IF REQUIREMENTS ARE NOT MET. If the information described in section 4(e)(2) of the Supplemental Nutrition Assistance Act of 2008 (7 U.S.C. 2013(e)(2)) with respect to food items purchased with benefits from the supplemental nutrition assistance program is not provided as required under section 4(e) of such Act (7 U.S.C. 2013(e)), then the Secretary shall provide briefings to the appropriate congressional committees, along with a detailed explanation of why the requirements for publication on the Internet have not been met and when they will be met, with respect to each month for which such information is not published on the Internet. SEC. 4. OFFSET. Of the amount appropriated to carry out the supplemental nutrition assistance program for each fiscal year, up to 5 percent shall be a available to carry out the amendment made by section 2 of this Act. SEC. 5. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Delayed Effective Date.--Subsection (e) of section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013), as added by section 2 of this Act, shall take effect on the 1st day of the 1st calendar quarter that begins not less than 1 year after the date of the enactment of this Act.

SNAP Transparency Act of 2013 - Amends the Food and Nutrition Act of 2008 to direct the Secretary of Agriculture (USDA) to: (1) establish a uniform reporting system to enable retail stores participating in the supplemental nutrition assistance program (SNAP, formerly the food stamp program) to collect and provide the Secretary with detailed information on SNAP-purchased food items, and (2) publish such information on the Internet.

SNAP Transparency Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energey Access Through Leasing Act of 2010'' or the ``REAL Act of 2010''. SEC. 2. INSURANCE COVERAGE FOR LOANS FOR FINANCING OF RENEWABLE ENERGY SYSTEMS LEASED FOR RESIDENTIAL USE. (a) Purposes.--The purposes of this section are-- (1) to encourage residential use of renewable energy systems by minimizing upfront costs and providing immediate utility cost savings to consumers through leasing of such systems to homeowners; (2) to reduce carbon emissions and the use of nonrenewable resources; (3) to encourage energy efficient residential construction and rehabilitation; (4) to encourage the use of renewable resources by homeowners; (5) to minimize the impact of development on the environment; (6) to reduce consumer utility costs; and (7) to encourage private investment in the green economy. (b) Definitions.--As used in this section, the following definitions shall apply: (1) Authorized renewable energy lender.--The term ``authorized renewable energy lender'' means a lender authorized by the Secretary to make a loan under this section. (2) Renewable energy system lease.--The term ``renewable system energy lease'' means an agreement between an authorized renewable energy system owner and a homeowner for a term of not less than 5 years, pursuant to which the homeowner-- (A) grants an easement to such renewable energy system owner to install, maintain, use, and otherwise access the renewable energy system; and (B) agrees to-- (i) lease the use of such system from such renewable energy system owner; or (ii) purchase electric power from such renewable energy system owner. (3) Renewable energy manufacturer.--The term ``renewable energy manufacturer'' means a manufacturer of renewable energy systems. (4) Renewable energy system owner.--The term ``renewable energy system owner'' means a homebuilder, a manufacturer or installer of a renewable energy system, or any other person, as determined by the Secretary. (5) Renewable energy system.--The term ``renewable energy system'' means a system of energy derived from-- (A) a wind, solar (including photovoltaic and solar thermal), biomass (including biodiesel), or geothermal source; or (B) hydrogen derived from biomass or water using an energy source described in subparagraph (A). (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (c) Authority.-- (1) In general.--The Secretary may, upon application by an authorized renewable energy system owner, insure or make a commitment to insure a loan made by an authorized renewable energy lender to a renewable energy system owner to finance the acquisition of a renewable energy system for lease to a homeowner for use at the residence of such homeowner. (2) Terms and conditions.--The Secretary may prescribe such terms and conditions for insurance under paragraph (1) as are consistent with the purposes of this section. (d) Limitation on Principal Amount.-- (1) Limitation.--The principal amount of a loan insured under this section shall not exceed the residual value of the renewable energy system to be acquired with the loan. (2) Residual value.--For purposes of this subsection-- (A) the residual value of a renewable energy system is the fair market value of the future revenue stream from the sale of the expected remaining electricity production from the system, pursuant to the easement granted in accordance with subsection (e); and (B) the fair market value of the future revenue stream for each year of the remaining life of the renewable energy system shall be determined based on the net present value of the power output production warranty for such renewable energy system provided by the renewable energy manufacturer and the forecast of regional residential electricity prices made by the Energy Information Administration of the Department of Energy. (e) Easement.--The Secretary may not insure a loan under this section unless the renewable energy system owner certifies, in accordance with such requirements as the Secretary shall establish, consistent with the purposes of this section, that the systems financed will be leased only to homeowners that grant easements to install, maintain, use, and otherwise access the system that include the right to sell electricity produced during the life of the renewable energy system to a wholesale or retail electrical power grid. (f) Discount or Prepayment.--To encourage the use of renewable energy systems, the Secretary shall ensure that a discount given to a homeowner by a renewable energy system owner or other investor or prepayment of a renewable energy system lease by a renewable energy system owner does not adversely affect the mortgage requirements of such homeowner. (g) Eligibility of Lenders.--The Secretary may not insure a loan under this section unless the lender making the loan-- (1) is an institution that-- (A) qualifies as a green banking center under section 8(x) of the Federal Deposit Insurance Act (12 U.S.C. 1818(x)) or section 206(x) of the Federal Credit Union Act (12 U.S.C. 1786(x)); or (B) meets such other requirements as the Secretary shall establish for participation of renewable energy lenders in the program under this section; and (2) meets such qualifications as the Secretary shall establish for all lenders for participation in the program under this section. (h) Certificate of Insurance.-- (1) In general.--The Secretary shall issue to a lender that is insured under this section a certificate that serves as evidence of insurance coverage under this section. (2) Contents of certificate.--The certificate required under paragraph (1) shall set forth the fair market value of the future revenue stream for each year of the remaining life of the renewable energy system. (3) Full faith and credit.--The certificate required under paragraph (1) shall be backed by the full faith and credit of the United States. (i) Payment of Insurance Claim.-- (1) Filing of claim.--The Secretary shall provide for the filing of claims for insurance under this section and the payment of such claims. (2) Payment of claim.--A claim under paragraph (1) may be paid only upon a default under the loan insured under this section and the assignment, transfer, and delivery to the Secretary of-- (A) all rights and interests arising under the loan; and (B) all claims of the lender or the assigns of the lender against the borrower or others arising under the loan transaction. (3) Lien.-- (A) In general.--Upon payment of a claim for insurance of a loan under this section, the Secretary shall hold a lien on the underlying renewable energy system assets and any associated revenue stream from the use of such system, which shall be superior to all other liens on such assets. (B) Residual value.--The residual value of such renewable energy system and the revenue stream from the use of such system shall be not less than the unpaid balance of the loan amount covered by the certificate of insurance. (C) Revenue from sale.--The Secretary shall be entitled to any revenue generated by such renewable energy system from selling electricity to the grid when an insurance claim has been paid out. (j) Assignment and Transferability of Insurance.--A renewable energy system owner or an authorized renewable energy lender that is insured under this section may assign or transfer the insurance in whole or in part, to another owner or lender, subject to such requirements as the Secretary may prescribe. (k) Premiums and Charges.-- (1) Insurance premiums.-- (A) In general.--The Secretary shall fix and collect premiums for insurance of loans under this section, that shall be paid by the applicant renewable energy system owner at the time of issuance of the certificate of insurance to the lender and shall be adequate, in the determination of the Secretary, to cover the expenses and probable losses of administering the program under this section. (B) Deposit of premium.--The Secretary shall deposit any premiums collected under this subsection in the Renewable Energy Lease Insurance Fund established under subsection (l). (2) Prohibition on other charges.--Except as provided in paragraph (1), the Secretary may not assess any other fee (including a user fee), insurance premium, or charge in connection with loan insurance provided under this section. (l) Renewable Energy Lease Insurance Fund.-- (1) Fund established.--There is established in the Treasury of the United States the Renewable Energy Lease Insurance Fund (referred to in this subsection as the ``Fund''), which shall be available to the Secretary without fiscal year limitation, for the purpose of providing insurance under this section. (2) Credits.--The Fund shall be credited with any premiums collected under subsection (k)(1), any amounts collected by the Secretary under subsection (i)(3), and any associated interest or earnings. (3) Availability.--Amounts in the Fund shall be available to the Secretary for fulfilling any obligations with respect to insurance for loans provided under this section and paying administrative expenses in connection with this section. (4) Excess amounts.--The Secretary may invest in obligations of the United States any amounts in the Fund determined by the Secretary to be in excess of amounts required at the time of such determination to carry out this section. (m) Regulations.-- (1) In general.--The Secretary shall issue such regulations as may be necessary to carry out this section. (2) Timing.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue interim or final regulations. (n) Ineligibility for Purchase by Federal Financing Bank.-- Notwithstanding any other provision of law, no debt obligation that is insured or committed to be insured by the Secretary under this section shall be subject to the Federal Financing Bank Act of 1973 (12 U.S.C. 2281 et seq.). (o) Termination of Authority.--The authority of the Secretary to insure and make commitments to insure new loans under this Act shall terminate 10 years after the date of enactment of this Act.

Renewable Energy Access Through Leasing Act of 2010 or the REAL Act of 2010- Authorizes the Secretary of Housing and Urban Development (HUD) to make loan guarantees for the financing of renewable energy systems leased for residential use. Prohibits the Secretary from insuring a loan unless the renewable energy system owner certifies that the systems financed will be leased only to homeowners that grant easements to install, maintain, use and otherwise access the system that include the right to sell electricity produced during the life of the renewable energy system to a wholesale or retail electrical power grid. Requires the Secretary to: (1) ensure that a discount given under this Act does not adversely affect the homeowner's mortgage requirements; and (2) fix and collect premiums for insurance of loans under this Act that shall be paid for by the renewable energy system owner and that shall be adequate to cover the expenses and probable losses of administering the program. Prohibits the Secretary from assessing any other fee, premium, or charge in connection with such loan insurance. Establishes the Renewable Energy Lease Insurance Fund, into which the Secretary shall deposit any such premiums. Terminates the Secretary's authority to insure and make commitments to insure new loans under this Act ten years after its enactment.

A bill to encourage residential use of renewable energy systems by minimizing upfront costs and providing immediate utility cost savings to consumers through leasing of such systems to homeowners, and for other purposes.

SECTION 1. CYBERSECURITY OF AUTOMATED DRIVING SYSTEMS. (a) In General.--Chapter 301 of subtitle VI of title 49, United States Code, is amended by inserting after section 30129 (as added by section 4) the following new section: ``Sec. 30130. Cybersecurity of automated driving systems ``(a) Cybersecurity Plan.--A manufacturer may not sell, offer for sale, introduce or deliver for introduction into commerce, or import into the United States, any highly automated vehicle, vehicle that performs partial driving automation, or automated driving system unless such manufacturer has developed a cybersecurity plan that includes the following: ``(1) A written cybersecurity policy with respect to the practices of the manufacturer for detecting and responding to cyber attacks, unauthorized intrusions, and false and spurious messages or vehicle control commands. This policy shall include-- ``(A) a process for identifying, assessing, and mitigating reasonably foreseeable vulnerabilities from cyber attacks or unauthorized intrusions, including false and spurious messages and malicious vehicle control commands; and ``(B) a process for taking preventive and corrective action to mitigate against vulnerabilities in a highly automated vehicle or a vehicle that performs partial driving automation, including incident response plans, intrusion detection and prevention systems that safeguard key controls, systems, and procedures through testing or monitoring, and updates to such process based on changed circumstances. ``(2) The identification of an officer or other individual of the manufacturer as the point of contact with responsibility for the management of cybersecurity. ``(3) A process for limiting access to automated driving systems. ``(4) A process for employee training and supervision for implementation and maintenance of the policies and procedures required by this section, including controls on employee access to automated driving systems. ``(b) Effective Date.--This section shall take effect 180 days after the date of enactment of this section.''. (b) Enforcement Authority.--Section 30165(a)(1) of title 49, United States Code, is amended by inserting ``30130,'' after ``30127,''. (c) Clerical Amendment.--The analysis for chapter 301 of subtitle VI of title 49, United States Code, is amended by inserting after the item relating to section 30129 (as added by section 4) the following new item: ``30130. Cybersecurity of automated driving systems.''. (d) Definitions.--Section 30102 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (13) as paragraphs (2), (3), (4), (5), (8), (9), (10), (11), (12), (13), (15), (16), and (17), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) `automated driving system' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.''; (C) by inserting after paragraph (5) (as so redesignated) the following: ``(6) `dynamic driving task' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- ``(A) lateral vehicle motion control via steering; ``(B) longitudinal vehicle motion control via acceleration and deceleration; ``(C) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; ``(D) object and event response execution; ``(E) maneuver planning; and ``(F) enhancing conspicuity via lighting, signaling, and gesturing. ``(7) `highly automated vehicle'-- ``(A) means a motor vehicle equipped with an automated driving system; and ``(B) does not include a commercial motor vehicle (as defined in section 31101).''; (D) by inserting after paragraph (13) (as so redesignated) the following: ``(14) `operational design domain' means the specific conditions under which a given driving automation system or feature thereof is designed to function.''; and (E) by adding at the end the following: ``(18) `vehicle that performs partial driving automation' does not include a commercial motor vehicle (as defined in section 31101).''; and (2) by adding at the end the following: ``(c) Revisions to Certain Definitions.-- ``(1) If SAE International (or its successor organization) revises the definition of any of the terms defined in paragraph (1), (6), or (14) of subsection (a) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of this chapter. If the Secretary so notifies SAE International (or its successor organization), the existing definition in subsection (a) shall remain in effect. ``(2) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in paragraph (1), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this chapter. The requirements of section 553 of title 5 shall not apply to the making of any such conforming amendments. ``(3) Pursuant to section 553 of title 5, the Secretary may update any of the definitions in paragraph (1), (6), or (14) of subsection (a) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.''.

This bill prohibits a manufacturer from selling, introducing into commerce, or importing into the United States any highly automated vehicle (i.e., equipped with an automated driving system that can perform the entire dynamic driving task on a sustained basis), unless the manufacturer has developed a cybersecurity plan for the vehicle.

To amend chapter 301 of subtitle VI of title 49, United States Code, to require a cybersecurity plan for highly automated vehicles, and for other purposes.