FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiterrorism Law Enforcement Enhancement Act of 1996''. SEC. 2. MULTIPOINT WIRETAP AUTHORITY. (a) Section 2518(11)(b)(ii) of title 18, United States Code, is amended by striking ``of a purpose, on the part of that person, to thwart interception by changing facilities.'' and inserting ``that the person had the intent to thwart interception or that the person's actions and conduct would have the effect of thwarting interception from a specified facility.''. (b) Section 2518(11)(b)(iii) of such Code is amended to read as follows: ``(iii) the judge finds that such showing has been adequately made.''. (c) The amendments made by subsections (a) and (b) of this section shall be effective 1 day after the enactment of this Act. SEC. 3. REVISION TO EXISTING AUTHORITY FOR EMERGENCY WIRETAPS. (a) Grounds for Interception.--Section 2518(7)(a) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (a)(ii); (2) by inserting ``or'' at the end of subparagraph (iii); and (3) by adding the following new subparagraph: ``(iv) an act of terrorism (as defined in section 3077(1) of this title),''. SEC. 4. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN COUNTERINTELLIGENCE INVESTIGATIONS. (a) Application.--Section 3122(b)(2) of title 18, United States Code, is amended by inserting ``or foreign counterintelligence'' after ``criminal''. (b) Order.-- (1) Section 3123(a) of title 18, United States Code, is amended by inserting ``or foreign counterintelligence'' after ``criminal''. (2) Section 3123(b)(1) of title 18, United States Code, is amended in subparagraph (B), by striking ``criminal''. SEC. 5. ADDITION OF TERRORIST OFFENSES AS RICO PREDICATES. (a) Title 18 Offenses.--Section 1961(1)(B) of title 18 of the United States Code is amended by-- (1) inserting ``32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), section'' after ``Section''; (2) inserting ``section 351 (relating to Congressional or Cabinet officer assassination,'' after ``section 224 (relating to sports bribery),''; (3) inserting ``section 831 (relating to prohibited transactions involving nuclear materials), section 844(f) or (i) (relating to destruction by explosives or fire of government property or property affecting interstate or foreign commerce),'' after ``section 664 (relating to embezzlement from pension and welfare funds),''; (4) inserting ``section 930(c) (relating to violent attacks against Federal buildings), section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country),'' after ``sections 891-894 (relating to extortionate credit transactions),''; (5) inserting ``section 1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section 1203 (relating to hostage taking),'' after ``section 1084 (relating to the transmission of gambling information),''; (6) inserting ``section 1361 (relating to willful injury of government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),'' after ``section 1344 (relating to financial institution fraud),''; (7) inserting ``section 1751 (relating to Presidential assassination),'' after ``sections 1581-1588 (relating to peonage and slavery),''; (8) inserting ``section 1992 (relating to train wrecking), section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms),'' after ``section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire),''; and (9) inserting ``section 2332 (relating to terrorist acts abroad against United States nationals), section 2332a (relating to use of weapons of mass destruction), section 2332b (relating to acts of terrorism transcending national boundaries), section 2332c (relating to use of chemical weapon), section 2339A (relating to providing material support to terrorists),'' after ``2321 (relating to trafficking in certain motor vehicles or motor vehicle parts),''. (b) Non-Title 18 Offense.--Section 1961(1) of title 18 of the United States Code is amended-- (1) by striking ``or'' before ``(E)''; (2) by striking ``or'' before ``(F); and (3) by inserting at the end the following: ``or (G) section 46502 of title 49, United States Code;''. (c) Limitation to Civil RICO.--The amendments made by this section shall not apply with respect to section 1964(c) of title 18, United States Code. SEC. 6. INTERCEPTIONS OF COMMUNICATIONS. (a) Authorization of Interceptions in Certain Terrorism Related Offenses.--Section 2516(1) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (n); (2) by redesignating subparagraph (o) as subparagraph (q); and (3) by inserting after subparagraph (n) the following: ``(o) any violation of section 956 or section 960 (relating to certain actions against foreign nations), section 1114 (relating to protection of officers and employees of the United States), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section 2332 (relating to terrorist acts abroad), section 2332a (relating to weapons of mass destruction), section 2332b (relating to acts of terrorism transcending national boundaries), section 2339A (relating to providing material support to terrorists), section 37 (relating to violence at international airports) of title 18, United States Code; or ``(p) any felony violation of section 842 (relating to explosives) of this title; and''. (b) Reports Concerning Intercepted Communications.--Subsection (6) of section 2518 of title 18, United States Code is amended to read as follows: ``(6) Whenever an order authorizing interception is entered under this chapter, the order shall require the attorney for the Government to file a report with the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such report shall be made 15 days after the interception has begun. No other reports shall be made to the judge under this subsection.''. SEC. 7. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. Section 1605(a)(7)(B)(ii) of title 28, United States Code, is amended by striking ``the claimant or victim was not a national'' and inserting ``neither the claimant nor the victim were nationals''. SEC. 8. CLERICAL AMENDMENTS RELATING TO CRIME. (a) Correcting Error in Amendatory Instructions.--Section 107(b) of the Antiterrorism and Effective Death Penalty Act of 1996 is amended by striking ``IV'' and inserting ``VI''. (b) Correcting Error in Description of Provision Amended.--With respect to subparagraph (F) only of paragraph (1) of section 205(a) of the Antiterrorism and Effective Death Penalty Act of 1996, the reference at the beginning of such paragraph to ``subsection (a)(1)'' shall be deemed a reference to ``subsection (a)''. (c) Addition of Missing Reference.--Section 725(2) of the Antiterrorism and Effective Death Penalty Act of 1996 is amended by inserting ``(2)'' after ``subsection (b)''. (d) Conforming Amendment to Table of Sections.--The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3059A the following new item: ``3059B. General reward authority.''. (e) Insertion of Missing Punctuation.--Section 6005(b)(3) of title 18, United States Code, is amended by adding a period at the end.

Antiterrorism Law Enforcement Enhancement Act of 1996 - Modifies wiretapping provisions under the Federal criminal code to make certain requirements to obtain an order authorizing the interception of a wire, oral, or electronic communication inapplicable where: (1) the applicant shows that the subject had the intent to thwart interception or that the subject's actions and conduct would have the effect of thwarting interception from a specified facility; and (2) the judge finds that such showing has been adequately made. Grants authority for the use of: (1) emergency wiretaps in cases involving an act of terrorism; and (2) pen registers and trap and trace devices in foreign counterintelligence investigations. Adds specified terrorist offenses as predicates under the Racketeer Influenced and Corrupt Organizations Act. Authorizes interceptions with respect to specified terrorism-related offenses, such as violations relating to the murder of foreign officials or providing material support to terrorists. Modifies wiretap provisions to provide that, whenever an order authorizing an interception is entered, the order shall require the attorney for the Government to file a report with the judge who issued the order showing what progress has been made toward achieving the authorized objective and the need for continued interception. Requires such report to be made 15 days after the interception has begun. Revises the Antiterrorism Act of 1996 to make an exception to the sovereign immunity of a foreign state if certain conditions are met or if neither the claimant nor the victims were U.S. nationals when the act upon which the claim is based occurred. Makes technical corrections to the Antiterrorism and Effective Death Penalty Act of 1996.

Antiterrorism Law Enforcement Enhancement Act of 1996

SECTION 1. PROMOTING SUCCESSFUL REENTRY. (a) Federal Reentry Demonstration Projects.-- (1) Evaluation of existing best practices for reentry.--Not later than 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall-- (A) evaluate best practices used for the reentry into society of individuals released from the custody of the Bureau of Prisons, including-- (i) conducting examinations of reentry practices in State and local justice systems; and (ii) consulting with Federal, State, and local prosecutors, Federal, State, and local public defenders, nonprofit organizations that provide reentry services, and criminal justice experts; and (B) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that details the evaluation conducted under subparagraph (A). (2) Creation of reentry demonstration projects.--Not later than 3 years after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall, subject to the availability of appropriations, select an appropriate number of Federal judicial districts to conduct Federal reentry demonstration projects using the best practices identified in the evaluation conducted under paragraph (1). The Attorney General shall determine the appropriate number of Federal judicial districts to conduct demonstration projects under this paragraph. (3) Project design.--For each Federal judicial district selected under paragraph (2), the United States Attorney, in consultation with the Chief Judge, the Chief Federal Defender, the Chief Probation Officer, the Bureau of Justice Assistance, the National Institute of Justice, and criminal justice experts, shall design a Federal reentry demonstration project for the Federal judicial district in accordance with paragraph (4). (4) Project elements.--A project designed under paragraph (3) shall coordinate efforts by Federal agencies to assist participating prisoners in preparing for and adjusting to reentry into the community and may include, as appropriate-- (A) the use of community correctional facilities and home confinement, as determined to be appropriate by the Bureau of Prisons; (B) a reentry review team for each prisoner to develop a reentry plan specific to the needs of the prisoner, and to meet with the prisoner following transfer to monitor the reentry plan; (C) steps to assist the prisoner in obtaining health care, housing, and employment, before the prisoner's release from a community correctional facility or home confinement; (D) regular drug testing for participants with a history of substance abuse; (E) substance abuse treatment, which may include addiction treatment medication, if appropriate, medical treatment, including mental health treatment, occupational, vocational and educational training, life skills instruction, recovery support, conflict resolution training, and other programming to promote effective reintegration into the community; (F) the participation of volunteers to serve as advisors and mentors to prisoners being released into the community; (G) steps to ensure that the prisoner makes satisfactory progress toward satisfying any obligations to victims of the prisoner's offense, including any obligation to pay restitution; and (H) the appointment of a reentry coordinator in the United States Attorney's Office. (5) Review of project outcomes.--Not later than 5 years after the date of enactment of this Act, the Administrative Office of the United States Courts, in consultation with the Attorney General, shall-- (A) evaluate the results from each Federal judicial district selected under paragraph (2), including the extent to which participating prisoners released from the custody of the Bureau of Prisons were successfully reintegrated into their communities, including whether the participating prisoners maintained employment, and refrained from committing further offenses; and (B) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that contains-- (i) the evaluation of the best practices identified in the report required under paragraph (1); and (ii) the results of the demonstration projects required under paragraph (2). (b) Study on the Impact of Reentry on Certain Communities.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the impact of reentry of prisoners on communities in which a disproportionate number of individuals reside upon release from incarceration. (2) Contents.--The report required under paragraph (1) shall analyze the impact of reentry of individuals released from both State and Federal correctional systems as well as State and Federal juvenile justice systems, and shall include-- (A) an assessment of the reentry burdens borne by local communities; (B) a review of the resources available in such communities to support successful reentry, including resources provided by the Federal Government and State and local governments, and the extent to which those resources are used effectively; and (C) recommendations to strengthen the resources in such communities available to support successful reentry and to lessen the burden placed on such communities by the need to support reentry. SEC. 2. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG AND ALCOHOL ABUSE AND DEPENDENCE. (a) Reentry and Recovery Planning.-- (1) Presentence reports.--Section 3552 of title 18, United States Code, is amended-- (A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (B) by inserting after subsection (a) the following: ``(b) Reentry and Recovery Planning.-- ``(1) In general.--In addition to the information required by rule 32(d) of the Federal Rules of Criminal Procedure, the report submitted pursuant to subsection (a) shall contain the following information, unless such information is required to be excluded pursuant to rule 32(d)(3) of the Federal Rules of Criminal Procedure or except as provided in paragraph (2): ``(A) Information about the defendant's history of substance abuse and addiction, if applicable. ``(B) Information about the defendant's service in the Armed Forces of the United States and veteran status, if applicable. ``(C) A detailed plan, which shall include the identification of programming provided by the Bureau of Prisons that is appropriate for the defendant's needs, that the probation officer determines will-- ``(i) reduce the likelihood the defendant will abuse drugs or alcohol if the defendant has a history of substance abuse; ``(ii) reduce the defendant's likelihood of recidivism by addressing the defendant's specific recidivism risk factors; and ``(iii) assist the defendant preparing for reentry into the community. ``(2) Exceptions.--The information described in paragraph (1)(C)(iii) shall not be required to be included under paragraph (1), in the discretion of the Probation Officer, if the applicable sentencing range under the sentencing guidelines, as determined by the probation officer, includes a sentence of life imprisonment or a sentence of probation.''; (C) in subsection (c), as redesignated, in the first sentence, by striking ``subsection (a) or (c)'' and inserting ``subsection (a) or (d)''; and (D) in subsection (d), as redesignated, by striking ``subsection (a) or (b)'' and inserting ``subsection (a) or (c)''. (2) Technical and conforming amendment.--Section 3672 of title 18, United States Code, is amended in the eighth undesignated paragraph by striking ``subsection (b) or (c)'' and inserting ``subsection (c) or (d)''. (b) Supervised Release Pilot Program To Reduce Recidivism and Improve Recovery From Alcohol and Drug Abuse.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Administrative Office of the United States Courts shall establish a recidivism reduction and recovery enhancement pilot program, premised on high-intensity supervision and the use of swift, predictable, and graduated sanctions for noncompliance with program rules, in Federal judicial districts selected by the Administrative Office of the United States Courts in consultation with the Attorney General. (2) Requirements of program.--Participation in the pilot program required under paragraph (1) shall be subject to the following requirements: (A) Upon entry into the pilot program, the court shall notify program participants of the rules of the program and consequences for violating such rules, including the penalties to be imposed as a result of such violations pursuant to subparagraph (E). (B) Probation officers shall conduct regular drug testing of all pilot program participants with a history of substance abuse. (C) In the event that a probation officer determines that a participant has violated a term of supervised release, the officer shall notify the court within 24 hours of such determination, absent good cause. (D) As soon as is practicable, and in no case more than 1 week after the violation was reported by the probation officer, absent good cause, the court shall conduct a hearing on the alleged violation. (E) If the court determines that a program participant has violated a term of supervised release, it shall impose an appropriate sanction, which may include the following, if appropriate: (i) Modification of the terms of such participant's supervised release, which may include imposition of a period of home confinement. (ii) Referral to appropriate substance abuse treatment. (iii) Revocation of the defendant's supervised release and the imposition of a sentence of incarceration that is no longer than necessary to punish the participant for such violation and deter the participant from committing future violations. (iv) For participants who habitually fail to abide by program rules or pose a threat to public safety, termination from the program. (3) Status of participant if incarcerated.-- (A) In general.--In the event that a program participant is sentenced to incarceration as described in paragraph (2)(E)(iii), the participant shall remain in the program upon release from incarceration unless terminated from the program in accordance with paragraph (2)(E)(iv). (B) Policies for maintaining employment.--The Bureau of Prisons, in consultation with the Chief Probation Officers of the Federal judicial districts selected for participation in the pilot program required under paragraph (1), shall develop policies to enable program participants sentenced to terms of incarceration as described in paragraph (2)(E)(iii) to, where practicable, serve the terms of incarceration while maintaining employment, including allowing the terms of incarceration to be served on weekends. (4) Advisory sentencing policies.-- (A) In general.--The United States Sentencing Commission, in consultation with the Chief Probation Officers, United States Attorneys, Federal Defenders, and Chief Judges of the districts selected for participation in the pilot program required under paragraph (1), shall establish advisory sentencing policies to be used by the district courts in imposing sentences of incarceration in accordance with paragraph (2)(E)(iii). (B) Requirement.--The advisory sentencing policies established under subparagraph (A) shall be consistent with the stated goal of the pilot program to impose predictable and graduated sentences that are no longer than necessary for violations of program rules. (5) Duration of program.--The pilot program required under paragraph (1) shall continue for not less than 5 years and may be extended for not more than 5 years by the Administrative Office of the United States Courts. (6) Assessment of program outcomes and report to congress.-- (A) In general.--Not later than 6 years after the date of enactment of this Act, the Administrative Office of the United States Courts shall conduct an evaluation of the pilot program and submit to Congress a report on the results of the evaluation. (B) Contents.--The report required under subparagraph (A) shall include-- (i) the rates of substance abuse among program participants; (ii) the rates of violations of the terms of supervised release by program participants, and sanctions imposed; (iii) information about employment of program participants; (iv) a comparison of outcomes among program participants with outcomes among similarly situated individuals under the supervision of United States Probation and Pretrial Services not participating in the program; and (v) an assessment of the effectiveness of each of the relevant features of the program.

Directs the Attorney General to: (1) evaluate best practices used for the reentry of federal prisoners released from custody, (2) select an appropriate number of federal judicial districts to conduct federal reentry demonstration projects using such best practices, and (3) report on the impact of reentry of prisoners on communities in which a disproportionate number of individuals reside upon release from incarceration. Amends the federal criminal code to require a presentence report to include: (1) information about the defendant's history of substance abuse and addiction; (2) information about the defendant's service in the Armed Forces and veteran status; and (3) a detailed plan that the probation officer determines will reduce the likelihood that the defendant will abuse drugs or alcohol, will reduce the defendant's likelihood of recidivism by addressing the defendant's specific recidivism risk factors, and will assist the defendant in preparing for reentry into the community. Requires the Administrative Office of the United States Courts to: (1) establish a five-year recidivism reduction and recovery enhancement pilot program, premised on high-intensity supervision and the use of sanctions for noncompliance with program rules; and (2) conduct an evaluation of the pilot program and report to Congress on the results of the evaluation. Sets forth requirements for participation in the pilot program.

A bill to reduce recidivism and increase public safety.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Homeless Veterans Assistance Improvement Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Requirement that recipients of grants from Department of Veterans Affairs for comprehensive service programs for homeless veterans meet physical privacy, safety, and security needs of such veterans. Sec. 3. Modification of authority of Department of Veterans Affairs to provide capital improvement grants for comprehensive service programs that assist homeless veterans. Sec. 4. Funding for furnishing legal services to very low-income veteran families in permanent housing. Sec. 5. Modifications to requirements relating to per diem payments for services furnished to homeless veterans. Sec. 6. Authorization of grants by Department of Veterans Affairs to centers that provide services to homeless veterans for operational expenses. Sec. 7. Expansion of Department of Veterans Affairs authority to provide dental care to homeless veterans. Sec. 8. Extensions of authorities and programs affecting homeless veterans. SEC. 2. REQUIREMENT THAT RECIPIENTS OF GRANTS FROM DEPARTMENT OF VETERANS AFFAIRS FOR COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS MEET PHYSICAL PRIVACY, SAFETY, AND SECURITY NEEDS OF SUCH VETERANS. Section 2011(f) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(6) To meet the physical privacy, safety, and security needs of homeless veterans receiving services through the project.''. SEC. 3. MODIFICATION OF AUTHORITY OF DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE CAPITAL IMPROVEMENT GRANTS FOR COMPREHENSIVE SERVICE PROGRAMS THAT ASSIST HOMELESS VETERANS. Section 2011(a) of title 38, United States Code, is amended, in the matter before paragraph (1), by inserting ``and maintaining'' after ``in establishing''. SEC. 4. FUNDING FOR FURNISHING LEGAL SERVICES TO VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. Section 2044(e) of title 38, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): ``(2) Of amounts made available under paragraph (1), not less than one percent shall be available for the furnishing of services described in subsection (b)(1)(D)(vii).''. SEC. 5. MODIFICATIONS TO REQUIREMENTS RELATING TO PER DIEM PAYMENTS FOR SERVICES FURNISHED TO HOMELESS VETERANS. (a) Authorization of Per Diem Payments for Furnishing Care to Dependents of Certain Homeless Veterans.--Section 2012(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Services for which a recipient of a grant under section 2011 of this title (or an entity described in paragraph (1)) may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient (or entity).''. (b) Provision of Funds for Per Diem Payments for Nonconforming Entities.-- (1) In general.--Section 2012(d)(1) of such title is amended, in the matter preceding subparagraph (A), by striking ``may make'' and inserting ``shall make''. (2) Regulations required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe such regulations as may be necessary to implement the amendment made by paragraph (1). SEC. 6. AUTHORIZATION OF GRANTS BY DEPARTMENT OF VETERANS AFFAIRS TO CENTERS THAT PROVIDE SERVICES TO HOMELESS VETERANS FOR OPERATIONAL EXPENSES. (a) In General.--Subchapter II of chapter 20 of title 38, United States Code, is amended by inserting after section 2012 the following new section: ``Sec. 2012A. Service center operational grants ``(a) In General.--Subject to the availability of appropriations provided for such purpose, the Secretary may award to a recipient of a grant under section 2011 of this title for the establishment of a service center described in subsection (g) of such section a grant for the operational expenses of such service center not otherwise covered by the receipt of per diem payments under section 2012 of this section. ``(b) Limitation.--The aggregate amount of all grants awarded under subsection (a) in any fiscal year may not exceed $500,000.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2012 the following new item: ``2012A. Service center operational grants.''. (c) Regulations.--The Secretary of Veterans Affairs shall promulgate regulations to carry out section 2012A of title 38, United States Code, as added by subsection (a), not later than one year after the date of the enactment of this Act. SEC. 7. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO PROVIDE DENTAL CARE TO HOMELESS VETERANS. Subsection (b) of section 2062 of title 38, United States Code, is amended to read as follows: ``(a) Eligible Veterans.--(1) Subsection (a) applies to a veteran who-- ``(A) is enrolled for care under section 1705(a) of this title; and ``(B) for a period of 60 consecutive days, is receiving-- ``(i) assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); or ``(ii) care (directly or by contract) in any of the following settings: ``(I) A domiciliary under section 1710 of this title. ``(II) A therapeutic residence under section 2032 of this title. ``(III) Community residential care coordinated by the Secretary under section 1730 of this title. ``(IV) A setting for which the Secretary provides funds for a grant and per diem provider. ``(2) For purposes of paragraph (1), in determining whether a veteran has received assistance or care for a period of 60 consecutive days, the Secretary may disregard breaks in the continuity of assistance or care for which the veteran is not responsible.''. SEC. 8. EXTENSIONS OF AUTHORITIES AND PROGRAMS AFFECTING HOMELESS VETERANS. (a) Comprehensive Service Programs.--Section 2013 of title 38, United States Code, is amended by striking paragraph (5) and inserting the following new paragraphs: ``(5) $250,000,000 for fiscal year 2013. ``(6) $150,000,000 for fiscal year 2014 and each subsequent fiscal year.''. (b) Homeless Veterans Reintegration Programs.--Section 2021(e)(1)(F) of such title is amended by striking ``2012'' and inserting ``2013''. (c) Outreach, Care, Treatment, Rehabilitation, and Therapeutic Transitional Housing for Veterans Suffering From Serious Mental Illness.--Section 2031(b) of such title is amended by striking ``December 31, 2012'' and inserting ``December 31, 2014''. (d) Program To Expand and Improve Provision of Benefits and Services by Department of Veterans Affairs to Homeless Veterans.-- Section 2033(d) of such title is amended by striking ``December 31, 2012'' and inserting ``December 31, 2014''. (e) Housing Assistance for Homeless Veterans.--Section 2041(c) of such title is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (f) Financial Assistance for Supportive Services for Very Low- Income Veteran Families in Permanent Housing.--Section 2044(e)(1) of such title is amended by adding at the end the following new subparagraph: ``(E) $300,000,000 for fiscal year 2013.''. (g) Grant Program for Homeless Veterans With Special Needs.-- Section 2061(c)(1) of such title is amended by striking ``through 2012'' and inserting ``through 2015''. (h) Advisory Committee on Homeless Veterans.--Section 2066(d) of such title is amended by striking ``December 31, 2012'' and inserting ``December 31, 2014''.

Homeless Veterans Assistance Improvement Act of 2012 - Requires public or private nonprofit entities that receive grants under the Department of Veterans Affairs (VA) comprehensive service programs for homeless veterans to agree to meet the physical, privacy, safety, and security needs of such veterans. Requires at least 1% of VA financial assistance provided for supportive services for very low-income veteran families in permanent housing to be used for legal services to assist such families with issues that interfere with their ability to obtain or retain housing or supportive services. Allows services for which a homeless veteran receives a grant under the comprehensive service programs to include furnishing care for a dependent. Directs (under current law, authorizes) the VA Secretary to make per diem homeless veterans assistance payments to certain entities that meet the supportive services criteria, but also furnish assistance to individuals who are not veterans. Authorizes the Secretary to award grants for the operational expenses of a service center established for homeless veterans. Revises VA authority to provide dental care to veterans receiving certain other assistance through the VA to include those veterans receiving assistance under the United States Housing Act of 1937. Extends permanently the VA comprehensive service programs for homeless veterans. Extends temporarily various VA authorities and programs affecting homeless veterans.

A bill to amend title 38, United States Code, to improve the assistance provided by the Department of Veterans Affairs to homeless veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child and Family Services and Law Enforcement Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Homicide is the leading cause of death for young black males and females and is the second leading cause of juvenile injury deaths for all youth age 15-24. (2) Homicide rates for children and youth have more than doubled since 1950. (3) Teenagers are more than twice as likely as adults to be victims of violent crime, such as rape, robbery or assault. (4) Physical fighting severe enough to require medical treatment for at least one participant occurs among high school students in patterns similar to those of homicide. The incidence rates are higher for males than females, higher for minorities than for nonminorities, and more frequent between acquaintances than among strangers. (5) There is a need to supplement existing mental health services with a wide and varied range of preventive programs designed to reach those at greatest risk for development of behavioral or social problems. (6) The reach of professional mental health manpower can be expanded through consultative techniques and by the recruitment, selection and training of various nontraditional helping resources. (7) Community-based police, by their visibility at the neighborhood level and their engagement in benign activities, can provide role models and resources to promote the well-being of children and families, as well as to identify and refer those at risk for behavioral problems. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) identify children and families at high-risk for developing behavioral or emotional problems resulting from exposure to community violence and provide mental health services to such children and families, including crisis intervention for child witnesses and victims of violence; (2) facilitate interaction between child and family service organizations, law enforcement agencies, local educational agencies, and other community members for the purpose of building coalitions for the prevention of community violence; (3) augment law enforcement services and community policing efforts through the provision of training and support by child and family service organizations, and supplement child and family services through the training of law enforcement officers in child, family and cultural issues; and (4) provide role models for high-risk children and youth and promote conflict resolution training for children and youth in local educational agencies. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Child and family service organization.--The term ``child and family service organization'' means a public or private nonprofit entity (such as child guidance centers, child psychiatry or child psychology departments of hospitals or university medical centers, or community mental health centers providing child and family services) that provides mental health services to children and families and that meets the mental health center guidelines under section 1913(c) of the Public Health Service Act (42 U.S.C. 300x-2(c)), with respect to the level of professional care and services provided to children and families. (2) Community-based policing.--The term ``community-based policing'' means a commitment and an effort (within the confines of budget restrictions) made by a law enforcement agency to establish or expand cooperative efforts between the police and a community in order to increase police presence in the community, including-- (A) developing innovative neighborhood-oriented policing programs and community-based crime-prevention programs; (B) developing policies that reorient police from reacting to crime to preventing crime; and (C) creating decentralized police substations throughout the community to encourage interaction and cooperation between the public and law enforcement personnel on a local level, including the permanent assignment of officers to a specific neighborhood or substation. (3) Law enforcement agency.--The term ``law enforcement agency'' means an entity that serves a specified community and has the routine responsibility of policing the activities of such community. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 5. GRANTS AUTHORIZED. (a) In General.-- (1) Establishment grants.--The Secretary, in consultation with the Attorney General, may award grants to partnerships determined to be eligible under section 6 for the establishment of child and family services and law enforcement partnership programs. (2) Priority.--In awarding grants described in paragraph(1), the Secretary shall give priority to a partnership that includes a law enforcement agency engaged in community-based policing. (b) Grant Amount.-- (1) In general.--A grant awarded under this section shall be for an amount that is not less than $150,000 per year. Such grant shall be of a sufficient size to adequately support all anticipated activities. (2) Additional amounts.-- (A) In general.--The Secretary may award additional grant amounts for the purpose of enabling a partnership to provide mentoring or conflict resolution services. (B) Special rules.-- (i) Priority for mentoring services.--In awarding additional grant funds for the provision of mentoring services under subparagraph (A), the Secretary shall give priority to partnerships that demonstrate commitments from a broad spectrum of community groups to participate in mentoring programs. (ii) Conflict resolution services.--In awarding additional grant funds for the provision of conflict resolution services under subparagraph (A), the Secretary may not award grant funds to a partnership unless such partnership demonstrates a commitment from the local educational agency to provide conflict resolution programs in the schools in participation with such partnership. (c) Federal Share.-- (1) In general.--The Federal share of a grant made under this section may not exceed-- (A) with respect to the first fiscal year, 80 percent of the total costs of the projects described in the application submitted under section 6 for such fiscal year; (B) with respect to the second fiscal year, 70 percent of the total costs of the projects described in the application submitted under section 6 for such fiscal year; and (C) with respect to the third fiscal year, 60 percent of the total costs of the projects described in the application submitted under section 6 for such fiscal year. (2) In-kind contributions.--The Secretary shall accept the value of in-kind contributions made by the grant recipient as a part or all of the non-Federal share of grants. (d) Grant Duration.--A grant awarded under this Act shall be for a period of not less than 3 years. SEC. 6. APPLICATIONS. (a) In General.--To be eligible for a grant under this section an entity shall-- (1) be a partnership consisting of, at least, a child and family service organization and a law enforcement agency; and (2) prepare and submit to the Secretary an application in such form at such time and in accordance with such procedures as the Secretary shall establish. (b) Assurances.--Each application submitted under subsection (a) shall provide the following assurances: (1) There is a partnership established between, at least, a child and family service organization and a law enforcement agency. (2) The management, at the highest level, of the child and family service organization and law enforcement agency of the partnership agrees to the establishment of such partnership, and agrees that such organization and such agency of such partnership will cooperate in carrying out the program. (3) In developing the program, the applicant partnership has coordinated with other segments of the community to ensure that the partnership efforts complement existing community anti-violence efforts. (4) Programs established from funds received under grants awarded under this Act will do the following: (A) Be collaborative in nature, with respect to organizing and providing the necessary services to children and families. (B) Provide response to crisis situations 24 hours a day. (C) Provide confidentiality. (D) Be able to provide adequate resources for training of law enforcement officers and for support of professional consultation services for children and families, including professionals licensed to provide child and family evaluations and treatment. (E) Be able to respond to community needs in a manner reflecting sensitivity to the cultural diversity of that community. (5) The partnership will provide the following program components: (A) 24-hour consultation service that includes a team of child guidance professionals and specially trained law enforcement officers to respond to incidents where a child has either witnessed or been a victim of violence. Services by child guidance professionals may include in-home assessments, expedited referrals for treatment, consultations with parents and teachers, and on-the-spot crisis intervention. (B) Training to law enforcement officers that includes instruction by child and family service organizations in the basic principles of human behavior, child psychology, and family systems. All training will be interactive and jointly taught by law enforcement officers and child guidance professionals, in order to make use of real-life examples drawn from officers' experience in the field. Such training will include the following minimum course curriculum: (i) Ongoing training for recruits, in which experienced law enforcement officers may participate as is feasible for the department. (ii) Intensive workshops for law enforcement officers involved in field training. (iii) A program for supervisory law enforcement officers that provides an opportunity for such officers to observe child and family clinical work in a variety of settings. (C) Weekly case conferences by the team of child guidance professionals and law enforcement officers described in subparagraph (A). (D) Community activities for children and families that are designed jointly by the law enforcement and child and family services partnership, including conflict resolution training programs for children and youth, after-school activity and neighborhood recreation programs, and parent support groups co-led by child guidance and law enforcement professionals. (6) The partnership will provide local matching funds in accordance with the Federal share requirements under section 5(c). (c) Additional Assurances for Mentoring and Conflict Resolution Services.-- (1) In general.--Each application submitted under subsection (a) for additional funding for the provision of mentoring or conflict resolution services under section 5(b)(2) shall provide assurances described in paragraph (2) or (3), whichever is applicable. (2) Mentoring.--With respect to the provision of mentoring services, an applicant partnership shall provide assurances that such partnership will: (A) Provide formal mentoring programs that will include mentors such as police officers, mental health professionals, businessmen, or other community members provided through a partnership with corporations, universities, labor organizations, non-profit entities (such as professional societies) or government agencies. (B) Provide ongoing support services to mentors through the partnership's child and family services organization, in collaboration with law enforcement officers who receive training as described in subsection (b)(5)(B). Such services will include the following minimum components: (i) Provision of framework to help mentors understand the issues they may encounter in working with youth from deprived environments. (ii) Ongoing support groups that meet at a regularly scheduled time to provide mentors an opportunity to discuss the problems such mentors may encounter in working with children. (C) Collaborate, when possible, with elementary and secondary schools, universities, corporations, labor organizations, or government agencies with respect to matters relating to the partnership's mentoring program. (D) Recruit mentors who are representative of the cultural mix of the community such mentors serve. (3) Conflict resolution.--With respect to the provision of conflict resolution services, an applicant partnership shall provide the following assurances: (A) The child and family services organization and the law enforcement agency partnership, in collaboration with the local educational agency (hereafter referred to in this subparagraph as the ``LEA'') will assist the LEA in the development and implementation of conflict resolution programs. The assistance provided to the LEA in the preceding sentence shall be tailored to the needs and resources of the local school district, and may include providing assistance to an ongoing conflict resolution program run by such LEA, developing curricula for such a program in cooperation with the LEA, and providing such a program to an LEA. (d) Evaluation.-- (1) In general.--Applicants shall include in their application the design of an evaluation of program effectiveness in providing services under this Act, including a provision for an adequate control group, such as a nearby community of similar composition and level of violence. (2) Collaborations.--To facilitate the evaluation process, the Secretary shall encourage partnership grantees to form collaborative relationships with universities for the purpose of evaluating program effectiveness under paragraph (1). Partnership grantees shall contract with outside organizations for such evaluation. (3) Limitation.--Not more than 15 percent of grants awarded under section 5 may be set aside for the evaluation described in paragraph (1). (4) Coordination.--The Secretary shall coordinate the evaluation described in paragraph (1) of all partnership grantees and ensure that such grantees collect comparable data for such evaluation. SEC. 7. TRAINING AND TECHNICAL ASSISTANCE. The Secretary shall provide training and technical assistance to partnership grantees. SEC. 8. REPORTS. (a) Interim.--Not later than December 31, 1996, the Secretary shall prepare and submit to the appropriate committees of Congress an interim progress report on the evaluation conducted under section 6(d). (b) Final.--Not later than December 31, 1998, the Secretary shall prepare and submit to the appropriate committees of Congress a review and summary of the result of the evaluation conducted under section 6(d). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $50,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 through 1999.

Child and Family Services and Law Enforcement Partnership Act - Authorizes the Secretary of Health and Human Services to award grants for the establishment of child and family services and law enforcement partnership programs. Directs the Secretary to give priority to partnerships that include a law enforcement agency engaged in community-based policing. Authorizes the Secretary to award additional grant amounts to enable a partnership to provide mentoring or conflict resolution services. Prescribes funding guidelines and partnership assurances. Authorizes appropriations.

Child and Family Services and Law Enforcement Partnership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Fund Investment Advisers Registration Act of 2009''. SEC. 2. DEFINITIONS. Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended by adding at the end the following new paragraphs: ``(29) Private fund.--The term `private fund' means an issuer that would be an investment company under section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)) but for the exception provided from that definition by either section 3(c)(1) or section 3(c)(7) of such Act ``(30) Foreign private fund adviser.--The term `foreign private fund adviser' means an investment adviser who-- ``(A) has no place of business in the United States; ``(B) during the preceding 12 months has had-- ``(i) fewer than 15 clients in the United States; and ``(ii) assets under management attributable to clients in the United States of less than $25,000,000, or such higher amount as the Commission may, by rule, deem appropriate in the public interest or for the protection of investors; and ``(C) neither holds itself out generally to the public in the United States as an investment adviser, nor acts as an investment adviser to any investment company registered under the Investment Company Act of 1940, or a company which has elected to be a business development company pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a-53) and has not withdrawn such election.''. SEC. 3. ELIMINATION OF PRIVATE ADVISER EXEMPTION; LIMITED EXEMPTION FOR FOREIGN PRIVATE FUND ADVISERS; LIMITED INTRASTATE EXEMPTION. Section 203(b) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(b)) is amended-- (1) in paragraph (1), by inserting ``, except an investment adviser who acts as an investment adviser to any private fund,'' after ``any investment adviser''; (2) by amending paragraph (3) to read as follows: ``(3) any investment adviser that is a foreign private fund adviser;''; (3) in paragraph (5), by striking ``or'' at the end; (4) in paragraph (6)-- (A) in subparagraph (A), by striking ``or''; (B) in subparagraph (B), by striking the period at the end and adding ``; or''; and (C) by adding at the end the following new subparagraph: ``(C) a private fund; or''; and (5) by adding at the end the following: ``(7) any investment adviser who solely advises-- ``(A) small business investment companies licensed under the Small Business Investment Act of 1958; ``(B) entities that have received from the Small Business Administration notice to proceed to qualify for a license, which notice or license has not been revoked; or ``(C) applicants, related to one or more licensed small business investment companies covered in subparagraph (A), that have applied for another license, which application remains pending.''. SEC. 4. COLLECTION OF SYSTEMIC RISK DATA. Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 4) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Records and Reports of Private Funds.-- ``(1) In general.--The Commission is authorized to require any investment adviser registered under this Act to maintain such records of and file with the Commission such reports regarding private funds advised by the investment adviser as are necessary or appropriate in the public interest and for the protection of investors or for the assessment of systemic risk as the Commission determines in consultation with the Board of Governors of the Federal Reserve System. The Commission is authorized to provide or make available to the Board of Governors of the Federal Reserve System, and to any other entity that the Commission identifies as having systemic risk responsibility, those reports or records or the information contained therein. The records and reports of any private fund, to which any such investment adviser provides investment advice, maintained or filed by an investment adviser registered under this Act, shall be deemed to be the records and reports of the investment adviser. ``(2) Required information.--The records and reports required to be maintained or filed with the Commission under this subsection shall include, for each private fund advised by the investment adviser-- ``(A) the amount of assets under management; ``(B) the use of leverage (including off-balance sheet leverage); ``(C) counterparty credit risk exposures; ``(D) trading and investment positions; ``(E) trading practices; and ``(F) such other information as the Commission, in consultation with the Board of Governors of the Federal Reserve System, determines necessary or appropriate in the public interest and for the protection of investors or for the assessment of systemic risk. ``(3) Optional information.--The Commission may require the reporting of such additional information from private fund advisers as the Commission determines necessary. In making such determination, the Commission, taking into account the public interest and potential to contribute to systemic risk, may set different reporting requirements for different classes of private fund advisers, based on the particular types or sizes of private funds advised by such advisers. ``(4) Maintenance of records.--An investment adviser registered under this Act is required to maintain and keep such records of private funds advised by the investment adviser for such period or periods as the Commission, by rule or regulation, may prescribe as necessary or appropriate in the public interest and for the protection of investors or for the assessment of systemic risk. ``(5) Examination of records.-- ``(A) Periodic and special examinations.--All records of a private fund maintained by an investment adviser registered under this Act shall be subject at any time and from time to time to such periodic, special, and other examinations by the Commission, or any member or representative thereof, as the Commission may prescribe. ``(B) Availability of records.--An investment adviser registered under this Act shall make available to the Commission or its representatives any copies or extracts from such records as may be prepared without undue effort, expense, or delay as the Commission or its representatives may reasonably request. ``(6) Information sharing.--The Commission shall make available to the Board of Governors of the Federal Reserve System, and to any other entity that the Commission identifies as having systemic risk responsibility, copies of all reports, documents, records, and information filed with or provided to the Commission by an investment adviser under this subsection as the Board, or such other entity, may consider necessary for the purpose of assessing the systemic risk of a private fund. All such reports, documents, records, and information obtained by the Board, or such other entity, from the Commission under this subsection shall be kept confidential in a manner consistent with confidentiality established by the Commission pursuant to paragraph (8). ``(7) Disclosures of certain private fund information.--An investment adviser registered under this Act shall provide such reports, records, and other documents to investors, prospective investors, counterparties, and creditors, of any private fund advised by the investment adviser as the Commission, by rule or regulation, may prescribe as necessary or appropriate in the public interest and for the protection of investors or for the assessment of systemic risk. ``(8) Confidentiality of reports.--Notwithstanding any other provision of law, the Commission shall not be compelled to disclose any report or information contained therein required to be filed with the Commission under this subsection. Nothing in this paragraph shall authorize the Commission to withhold information from the Congress or prevent the Commission from complying with a request for information from any other Federal department or agency or any self-regulatory organization requesting the report or information for purposes within the scope of its jurisdiction, or complying with an order of a court of the United States in an action brought by the United States or the Commission. For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section.''. SEC. 5. ELIMINATION OF DISCLOSURE PROVISION. Section 210 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 10) is amended by striking subsection (c). SEC. 6. EXEMPTION OF AND REPORTING BY VENTURE CAPITAL FUND ADVISERS. Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 3) is amended by adding at the end the following new subsection: ``(l) Exemption of and Reporting by Venture Capital Fund Advisers.--The Commission shall identify and define the term `venture capital fund' and shall provide an adviser to such a fund an exemption from the registration requirements under this section (excluding any such fund whose adviser is exempt from registration pursuant to paragraph (7) of subsection (b)). The Commission shall require such advisers to maintain such records and provide to the Commission such annual or other reports as the Commission determines necessary or appropriate in the public interest or for the protection of investors.''. SEC. 7. EXEMPTION OF AND REPORTING BY CERTAIN PRIVATE FUND ADVISERS. Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 3), as amended by section 6, is further amended by adding at the end the following new subsections: ``(m) Exemption of and Reporting by Certain Private Fund Advisers.-- ``(1) In general.--The Commission shall provide an exemption from the registration requirements under this section to any investment adviser of private funds, if each of such private funds has assets under management in the United States of less than $150,000,000. ``(2) Reporting.--The Commission shall require investment advisers exempted by reason of this subsection to maintain such records and provide to the Commission such annual or other reports as the Commission determines necessary or appropriate in the public interest or for the protection of investors. ``(n) Registration and Examination of Mid-sized Private Fund Advisers.--In prescribing regulations to carry out the requirements of this section with respect to investment advisers acting as investment advisers to mid-sized private funds, the Commission shall take into account the size, governance, and investment strategy of such funds to determine whether they pose systemic risk, and shall provide for registration and examination procedures with respect to the investment advisers of such funds which reflect the level of systemic risk posed by such funds.''. SEC. 8. CLARIFICATION OF RULEMAKING AUTHORITY. Section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 11) is amended-- (1) by amending subsection (a) to read as follows: ``(a) The Commission shall have authority from time to time to make, issue, amend, and rescind such rules and regulations and such orders as are necessary or appropriate to the exercise of the functions and powers conferred upon the Commission elsewhere in this title, including rules and regulations defining technical, trade, and other terms used in this title. For the purposes of its rules and regulations, the Commission may-- ``(1) classify persons and matters within its jurisdiction based upon, but not limited to-- ``(A) size; ``(B) scope; ``(C) business model; ``(D) compensation scheme; or ``(E) potential to create or increase systemic risk; ``(2) prescribe different requirements for different classes of persons or matters; and ``(3) ascribe different meanings to terms (including the term `client', except the Commission shall not ascribe a meaning to the term `client' that would include an investor in a private fund managed by an investment adviser, where such private fund has entered into an advisory contract with such adviser) used in different sections of this title as the Commission determines necessary to effect the purposes of this title.''; and (2) by adding at the end the following new subsection: ``(e) The Commission and the Commodity Futures Trading Commission shall, after consultation with the Board of Governors of the Federal Reserve System, within 12 months after the date of enactment of the Private Fund Investment Advisers Registration Act of 2009, jointly promulgate rules to establish the form and content of the reports required to be filed with the Commission under sections 203(l) and 204(b) and with the Commodity Futures Trading Commission by investment advisers that are registered both under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) and the Commodity Exchange Act (7 U.S.C. 1 et seq.).''. SEC. 9. GAO STUDY. (a) Study Required.--The Comptroller General of the United States shall carry out a study to assess the annual costs on industry members and their investors due to the registration requirements and ongoing reporting requirements under this Act and the amendments made by this Act. (b) Report to the Congress.--Not later than the end of the 2-year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress containing the findings and determinations made by the Comptroller General in carrying out the study required under subsection (a). SEC. 10. EFFECTIVE DATE; TRANSITION PERIOD. (a) Effective Date.--This Act, and the amendments made by this Act, shall take effect with respect to investment advisers after the end of the 1-year period beginning on the date of the enactment of this Act. (b) Transition Period.--The Securities and Exchange Commission shall prescribe rules and regulations to permit an investment adviser who will be required to register with the Securities and Exchange Commission by reason of this Act with the option of registering with the Securities and Exchange Commission before the date described under subsection (a). SEC. 11. QUALIFIED CLIENT STANDARD. Section 205(e) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(e)) is amended by adding at the end the following: ``With respect to any factor used by the Commission in making a determination under this subsection, if the Commission uses a dollar amount test in connection with such factor, such as a net asset threshold, the Commission shall, not later than one year after the date of the enactment of the Private Fund Investment Advisers Registration Act of 2009, and every 5 years thereafter, adjust for the effects of inflation on such test. Any such adjustment that is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000.''.

Private Fund Investment Advisers Registration Act of 2009 - (Sec. 3) Amends the Investment Advisers Act of 1940 to repeal the exemption for, and apply registration requirements to, a private fund investment adviser. Exempts from such registration requirements, however, any investment adviser who solely advises: (1) small business investment companies licensed under the Small Business Investment Act of 1958; (2) entities that the Small Business Administration (SBA) has notified to proceed to qualify for a license, if the notice or license has not been revoked; or (3) applicants, related to one or more licensed small business investment companies, that have a pending application for another license. (Sec. 4) Subjects to Securities Exchange Commission (SEC) recordkeeping requirements any registered investment adviser who advises private funds. Authorizes the SEC to make such records, especially those relating to systemic risk, available to the Board of Governors of the Federal Reserve System and any other entity that has systemic risk responsibility. (Sec. 5) Repeals the declaration that no provision of such Act shall be construed to require, or to authorize the SEC to require, any investment adviser engaged in rendering investment supervisory services to disclose the identity, investments, or affairs of any client, except insofar as such disclosure may be necessary or appropriate in a particular proceeding or investigation having as its object the enforcement of a provision or provisions of the Act. (Thus, allows interpretation of the Act to require, or authorize the SEC to require, an investment adviser to disclose the identity, investments, or affairs of any client.) (Sec. 6) Directs the SEC to exempt from the registration requirements of this Act: (1) venture capital fund advisers; and (2) investment advisers of private funds, each of which has assets under management in the United States of less than $150 million. Directs the SEC to require such advisers, however, to maintain records and make annual reports to the SEC. (Sec. 7) Requires the SEC, in prescribing regulations for registration of advisers to mid-sized private funds, to: (1) take into account the size, governance, and investment strategy of such funds to determine whether they pose systemic risk; and (2) provide for registration and examination procedures for such advisers which reflect the level of systemic risk posed by the funds. (Sec. 8) Modifies SEC rulemaking authority. Authorizes the SEC to ascribe different meanings to terms, but prohibits including in the term "client" an investor in a private fund managed by an investment adviser with whom the private fund has entered into an advisory contract. Directs the SEC and the Commodity Futures Trading Commission (CFTC) to promulgate rules jointly for the mandatory reports filed by certain registered investment advisers. (Sec. 9) Directs the Comptroller General to assess the annual costs on industry members and their investors because of the registration requirements and ongoing reporting requirements of this Act. (Sec. 11) Amends the Investment Advisers Act of 1940 with respect to SEC authority to exempt any person or transaction (or any class or classes of them) from certain investment advisory contract requirements to the extent that the exemption relates to an investment advisory contract with any person that the Commission determines does not need the protections of such requirements. Requires the SEC, with respect to any factor involving a dollar amount test (e.g. a net asset threshold) it uses to make such a determination, to adjust that test for inflation every five years.

To amend the Investment Advisers Act of 1940 to require advisers of certain unregistered investment companies to register with and provide information to the Securities and Exchange Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Old San Francisco Mint Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins.--Not more than 1,000,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) Half dollar clad coins.--Not more than 1,000,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Old San Francisco Mint, its role in the coinage of gold, and the educational mission of the Old San Francisco Mint Museum. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1995''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with Friends of the Mint and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (c) Definition.--For purposes of this Act, the term ``Friends of the Mint'' means The Old Mint Corporation, organized under the Nonprofit Public Benefit Corporation Law of California and incorporated under articles of incorporation endorsed and filed in the office of the Secretary of State of California on June 24, 1994 (and any successor thereto). SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--All coins minted under this Act shall be struck at the United States Mint facility in San Francisco, California and shall bear the ``S'' mark of such facility. (c) Period for Issuance.--The Secretary may mint coins under this Act only during the period beginning on January 1, 1995, and ending on December 31, 1995. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $10 per coin for the $1 coin; and (2) $2 per coin for the half dollar coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to Friends of the Mint for the purposes of-- (1) refurbishing sections of the Old San Francisco Mint building; and (2) constructing additions to, operating, and maintaining the Old San Francisco Mint. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of Friends of the Mint as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. REPORT TO CONGRESS. The Secretary shall submit to the Congress semiannual reports regarding the activities carried out under this Act.

Old San Francisco Mint Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins and half-dollar clad coins emblematic of the Old San Francisco Mint, its role in the coinage of gold, and the educational mission of the Old San Francisco Mint Museum. Instructs the Secretary to distribute all surcharges received from coin sales to Friends of the Mint for its refurbishing and maintenance.

Old San Francisco Mint Commemorative Coin Act

SECTION 1. ESTABLISHMENT OF COMMISSION ON THE ROLES AND CAPABILITIES OF THE UNITED STATES INTELLIGENCE COMMUNITY. There is hereby established a commission to be known as the Commission on the roles and capabilities of the United States intelligence community (hereinafter referred to as the ``Commission''). For purposes of this section the term ``intelligence community'' shall have the same meaning as set forth in section 401a(4) of title 50, United States Code. SEC. 2. COMPOSITION AND QUALIFICATIONS. (a) The Commission shall be composed of eleven members, seven of whom shall be private United States citizens appointed by the President; two of whom shall be Members of the United States Senate, one of whom shall be appointed by the majority leader of the Senate and one of whom shall be appointed by the minority leader of the Senate, in consultation with the chairman and vice chairman, respectively, of the Select Committee on Intelligence; and two of whom shall be Members of the United States House of Representatives, one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the minority leader of the House of Representatives, in consultation with the chairman and ranking minority member, respectively, of the Permanent Select Committee on Intelligence. (b) The private members of the Commission shall be appointed from among persons of demonstrated ability and accomplishment in government, business, law, academe, journalism, or other profession, a majority of whom shall not have previously held senior leadership positions in the intelligence community. (c) The President shall designate a private member as Chairman of the Commission. SEC. 3. PERIOD OF APPOINTMENT; VACANCIES. Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointments. SEC. 4. INITIAL ORGANIZATIONAL REQUIREMENTS. (a) The appointments required by section 2 shall be made within 45 days after the effective date of this Act. (b) Appropriate security clearances shall be required for members of the Commission who are private United States citizens. Such clearances shall be processed and completed on an expedited basis by appropriate elements of the executive branch, and shall in any case be completed within 45 days of the date such members are appointed. (c) The Commission shall convene its first meeting within four months of the effective date of this Act. SEC. 5. DUTIES OF THE COMMISSION. (a) In general, it shall be the duty of the Commission to review the efficacy and appropriateness of the activities of the United States intelligence community in the post-cold war global environment and to issue a report which sets forth the Commission's recommendations with respect to the roles and capabilities which are required by the United States for the foreseeable future. (b) In carrying out the mandate of subsection (a), the Commission shall specifically consider the following: (1) What should be the roles and missions of the intelligence community in terms of providing support to the defense and foreign policy establishments. (2) Whether the roles and missions of the intelligence community should extend beyond the traditional areas of providing support to the defense and foreign policy establishments, and, if so, what areas should be considered legitimate for intelligence-gathering and analysis, for example, economic issues, environmental issues, health issues. (3) What functions, if any, should continue to be assigned the Central Intelligence Agency and what capabilities should it retain for the future. (4) Whether the existing organization and management framework of the Central Intelligence Agency provide the optimal structure for the accomplishment of its mission. (5) Whether existing principles and strategies governing the acquisition and maintenance of intelligence collection capabilities should be retained and what collection capabilities should the Government retain to meet future contingencies. (6) Whether intelligence analysis, as it is currently structured and executed, adds sufficient value to information otherwise available to the Government to justify its continuation, and, if so, at what level of resources. (7) Whether the existing decentralized system of intelligence analysis results in significant waste or duplication, and, if so, what can be done to correct these deficiencies. (8) Whether the existing arrangements for allocating available resources to accomplish the roles and missions assigned to intelligence agencies are adequate. (9) Whether the existing framework for coordinating intelligence collection and analysis among elements of the intelligence community and for coordinating other activities of intelligence agencies, for example, training, operational activity, et cetera, provides an optimal structure for such coordination. (10) Whether current personnel policies and practices of intelligence agencies provide an optimal work force to satisfy the needs of intelligence consumers. (11) Whether resources for intelligence activities should continue to be allocated as part of the defense budget or be treated by the President and Congress as a separate budgetary program. (12) Whether the existing levels of resources allocated for intelligence-gathering or intelligence analysis, or to provide a capability to conduct covert actions, are seriously at variance with United States needs. (13) Whether there are areas of redundant or overlapping activity or areas where there is evidence of serious waste, duplication, or mismanagement. (14) To what extent, if any, should the budget for United States intelligence activities be publicly disclosed. (15) To what extent, if any, should United States intelligence collect information bearing upon private commercial activity and how should such information be controlled and disseminated. (16) Whether counterintelligence policies and practices are adequate to ensure that employees of intelligence agencies are sensitive to security problems, and whether intelligence agencies themselves have adequate authority and capability to address perceived security problems. (17) How the size, missions, capabilities, and resources of the United States intelligence community compare to those of the Governments of the United Kingdom, Canada, Australia, France, Israel, Russia, and Germany. (18) Whether existing collaborative arrangements between the United States and other countries in the area of intelligence cooperation should be maintained and whether such arrangements should be expanded to provide for increased burdensharing. (19) Whether existing arrangements for sharing intelligence with multinational organizations in support of mutually-shared objectives are adequate. SEC. 6. REPORTS. (a) Not later than two months after the first meeting of the Commission, the Commission shall transmit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report setting forth its plan for the work of the Commission. (b) The Commission, not later than December 31, 1996, shall submit to the President and to the two committees named in subsection (1) a report setting forth the activities, findings, and recommendations of the Commission, including any recommendations for legislation that the Commission considers advisable. To the extent feasible, such report shall be unclassified and made available to the public. This report shall be supplemented as necessary by a classified report or annex which shall be provided separately to the recipients named herein. SEC. 7. POWERS. (a) The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this section, hold hearings sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable. (b) The Commission may secure directly from the departments or agencies within the intelligence community and from any other Federal department or agency any information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information expeditiously to the Commission. SEC. 8. COMMISSION PROCEDURES. (a) The Commission shall meet at the call of the Chairman. (b) Six members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings, take testimony, or receive evidence. (c) The Commission shall act by resolution agreed to by a majority of the members of the Commission. (d) The Commission may establish panels composed of less than the full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of each such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. SEC. 9. AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION. Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. SEC. 10. ADMINISTRATIVE MATTERS. (a) Each member of the Commission who is a private United States citizen shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. All members of the Commission who are Members of the Congress shall serve without pay. (b) Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) The Chairman of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. The appointment of a staff director shall be subject to the approval of the Commission. No member of the staff shall be a current officer or employee of the intelligence community. (d) The Chairman of the Commission may fix the pay of the staff director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. (e) Upon request of the Chairman of the Commission, the head of any Federal department or agency may detail, on a non-reimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its administrative and clerical functions, except that no personnel shall be detailed to the staff of the Commission who currently are officers or employees of an agency within the intelligence community. (f) The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title. (g) The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (h) The Director of Central Intelligence shall furnish the Commission, on a reimbursable basis, any administrative and support services requested by the Commission consistent with this section. SEC. 11. PAYMENT OF COMMISSION EXPENSES. The compensation, travel expenses, per diem allowances of members and employees of the Commission, and other expenses of the Commission shall be paid out of funds available to the Director of Central Intelligence for the payment of compensation, travel allowances, and per diem allowances, respectively, of employees of the Central Intelligence Agency. SEC. 12. TERMINATION OF THE COMMISSION. The Commission shall terminate one month after the date of the submission of the report required by subsection (6)(b), or on January 31, 1997, whichever is later. S 2258 IS----2 S 2258 IS----3

Establishes a commission on the roles and capabilities of the United States intelligence community. Requires the Commission to: (1) review the efficacy and appropriateness of U.S. intelligence activities in the post-Cold War global environment; and (2) issue a report containing recommendations with respect to U.S. intelligence roles and capabilities for the foreseeable future.

A bill to create a Commission on the Roles and Capabilities of the U.S. Intelligence Community, and for other purposes.

SECTION 1. 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. SEC. 2. REDUCTION IN RATES OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS, WINE, AND BEER. (a) Proprietors of Distilled Spirits Plants, Etc.-- (1) Subsection (a) of section 5081 is amended by striking ``$1,000'' and inserting ``$500''. (2) Subsection (b) of section 5081 is amended by striking `` `$500' for `$1,000' '' and inserting `` `$250' for `$500' ''. (b) Brewers.--Subsection (a) of section 5091 is amended by striking ``$1,000'' and inserting ``$500''. (c) Wholesale Dealers.--Subsections (a) and (b) of section 5111 are each amended by striking ``$500'' and inserting ``$250''. (d) Retail Dealers.--Subsections (a) and (b) of section 5121 are each amended by striking ``$250'' and inserting ``$125''. (e) Nonbeverage Drawback.--Subsection (b) of section 5131 is amended by striking ``$500'' and inserting ``$250''. (f) Industrial Use.--Subsection (a) of section 5276 is amended by striking ``$250'' and inserting ``$125''. (g) Effective Date.--The amendments made by this section shall take effect on July 1, 1994, but shall not apply to taxes imposed for periods before such date. SEC. 3. REPEAL OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS, WINE, AND BEER. (a) Repeal of Occupational Taxes.-- (1) In general.--The following provisions of part II of subchapter A of chapter 51 (relating to occupational taxes) are hereby repealed: (A) Subpart A (relating to proprietors of distilled spirits plants, bonded wine cellars, etc.). (B) Subpart B (relating to brewer). (C) Subpart D (relating to wholesale dealers) (other than sections 5114 and 5116). (D) Subpart E (relating to retail dealers) (other than section 5124). (E) Subpart G (relating to general provisions) (other than sections 5142, 5143, 5145, and 5146). (2) Nonbeverage domestic drawback.--Section 5131 of such Code is amended by striking ``, on payment of a special tax per annum,''. (3) Industrial use of distilled spirits.--Section 5276 is hereby repealed. (b) Conforming Amendments.-- (1)(A) The heading for part II of subchapter A of chapter 51 and the table of subparts for such part are amended to read as follows: ``PART II--MISCELLANEOUS PROVISIONS ``Subpart A. Manufacturers of stills. ``Subpart B. Nonbeverage domestic drawback claimants. ``Subpart C. Recordkeeping by dealers. ``Subpart D. Other provisions.'' (B) The table of parts for such subchapter A is amended by striking the item relating to part II and inserting the following new item: ``Part II. Miscellaneous provisions.'' (2) Subpart C of part II of such subchapter (relating to manufacturers of stills) is redesignated as subpart A. (3)(A) Subpart F of such part II (relating to nonbeverage domestic drawback claimants) is redesignated as subpart B and sections 5131 through 5134 are redesignated as sections 5111 through 5114, respectively. (B) The table of sections for such subpart B, as so redesignated, is amended-- (i) by redesignating the items relating to sections 5131 through 5134 as relating to sections 5111 through 5114, respectively, and (ii) by striking ``and rate of tax'' in the item relating to section 5111, as so redesignated. (C) Section 5111, as redesignated by subparagraph (A), is amended-- (i) by striking ``and rate of tax'' in the section heading, (ii) by striking ``(a) Eligibility for Drawback.-- '', and (iii) by striking subsection (b). (4) Part II of subchapter A of chapter 51 is amended by adding after subpart B, as redesignated by paragraph (3), the following new subpart: ``Subpart C--Recordkeeping by Dealers ``Sec. 5121. Recordkeeping by wholesale dealers. ``Sec. 5122. Recordkeeping by retail dealers. ``Sec. 5123. Preservation and inspection of records, and entry of premises for inspection.'' (5)(A) Section 5114 (relating to records) is moved to subpart C of such part II and inserted after the table of sections for such subpart. (B) Section 5114 is amended-- (i) by striking the section heading and inserting the following new heading: ``SEC. 5121. RECORDKEEPING BY WHOLESALE DEALERS.'', and (ii) by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wholesale Dealers.--For purposes of this part-- ``(1) Wholesale dealer in liquors.--The term `wholesale dealer in liquors' means any dealer (other than a wholesale dealer in beer) who sells, or offers for sale, distilled spirits, wines, or beer, to another dealer. ``(2) Wholesale dealer in beer.--The term `wholesale dealer in beer' means any dealer who sells, or offers for sale, beer, but not distilled spirits or wines, to another dealer. ``(3) Dealer.--The term `dealer' means any person who sells, or offers for sale, any distilled spirits, wines, or beer. ``(4) Presumption in case of sale of 20 wine gallons or more.--The sale, or offer for sale, of distilled spirits, wines, or beer, in quantities of 20 wine gallons or more to the same person at the same time, shall be presumptive evidence that the person making such sale, or offer for sale, is engaged in or carrying on the business of a wholesale dealer in liquors or a wholesale dealer in beer, as the case may be. Such presumption may be overcome by evidence satisfactorily showing that such sale, or offer for sale, was made to a person other than a dealer.'' (C) Paragraph (3) of section 5121(d) , as so redesignated, is amended by striking ``section 5146'' and inserting ``section 5123''. (6)(A) Section 5124 (relating to records) is moved to subpart C of part II of subchapter A of chapter 51 and inserted after section 5121. (B) Section 5124 is amended-- (i) by striking the section heading and inserting the following new heading: ``SEC. 5122. RECORDKEEPING BY RETAIL DEALERS.'', (ii) by striking ``section 5146'' in subsection (c) and inserting ``section 5123'', and (iii) by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new subsection: ``(c) Retail Dealers.--For purposes of this section-- ``(1) Retail dealer in liquors.--The term `retail dealer in liquors' means any dealer (other than a retail dealer in beer) who sells, or offers for sale, distilled spirits, wines, or beer, to any person other than a dealer. ``(2) Retail dealer in beer.--The term `retail dealer in beer' means any dealer who sells, or offers for sale, beer, but not distilled spirits or wines, to any person other than a dealer. ``(3) Dealer.--The term `dealer' has the meaning given such term by section 5121(c)(3).'' (7) Section 5146 is moved to subpart C of part II of subchapter A of chapter 51, inserted after section 5122, and redesignated as section 5123. (8) Part II of subchapter A of chapter 51 is amended by inserting after subpart C the following new subpart: ``Subpart D--Other Provisions ``Sec. 5131. Packaging distilled spirits for industrial uses. ``Sec. 5132. Prohibited purchases by dealers.'' (9) Section 5116 is moved to subpart D of part II of subchapter A of chapter 51, inserted after the table of sections, redesignated as section 5131, and amended by inserting ``(as defined in section 5121(c))'' after ``dealer'' in subsection (a). (10) Subpart D of part II of subchapter A of chapter 51 is amended by adding at the end thereof the following new section: ``SEC. 5132. PROHIBITED PURCHASES BY DEALERS. ``(a) In General.--Except as provided in regulations prescribed by the Secretary, it shall be unlawful for a dealer to purchase distilled spirits from any person other than a wholesale dealer in liquors who is required to keep the records prescribed by section 5121. ``(b) Penalty and Forfeiture.-- ``For penalty and forfeiture provisions applicable to violations of subsection (a), see sections 5687 and 7302.'' (11) Subsection (b) of section 5002 is amended-- (A) by striking ``section 5112(a)'' and inserting ``section 5121(c)(3)'', (B) by striking ``section 5112'' and inserting ``section 5121(c)'', (C) by striking ``section 5122'' and inserting ``section 5122(c)''. (12) Subparagraph (A) of section 5010(c)(2) is amended by striking ``section 5134'' and inserting ``section 5114''. (13) Subsection (d) of section 5052 is amended to read as follows: ``(d) Brewer.--For purposes of this chapter, the term `brewer' means any person who brews beer or produces beer for sale. Such term shall not include any person who produces only beer exempt from tax under section 5053(e).'' (14) The text of section 5182 is amended to read as follows: ``For provisions requiring recordkeeping by wholesale liquor dealers, see section 5112, and by retail liquor dealers, see section 5122.'' (15) Subsection (b) of section 5402 is amended by striking ``section 5092'' and inserting ``section 5052(d)''. (16) Section 5671 is amended by striking ``or 5091''. (17)(A) Part V of subchapter J of chapter 51 is hereby repealed. (B) The table of parts for such subchapter J is amended by striking the item relating to part V. (18)(A) Sections 5142, 5143, and 5145 are moved to subchapter D of chapter 52, inserted after section 5731, redesignated as sections 5732, 5733, and 5734, respectively, and amended-- (i) by striking ``this part'' each place it appears and inserting ``this subchapter'', and (ii) by striking ``this subpart'' in section 5732(c)(2) (as so redesignated) and inserting ``this subchapter''. (B) Section 5732, as redesignated by subparagraph (A), is amended by striking ``(except the tax imposed by section 5131)'' each place it appears. (C) Subsection (c) of section 5733, as redesignated by subparagraph (A), is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (D) The table of sections for subchapter D of chapter 52 is amended by adding at the end thereof the following: ``Sec. 5732. Payment of tax. ``Sec. 5733. Provisions relating to liability for occupational taxes. ``Sec. 5734. Application of State laws.'' (E) Section 5731 is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c). (19) Subsection (b) of section 6071 is amended by striking ``section 5142'' and inserting ``section 5732''. (20) Paragraph (1) of section 7652(g) is amended-- (A) by striking ``subpart F'' and inserting ``subpart B'', and (B) by striking ``section 5131(a)'' and inserting ``section 5111(a)''. (21) The table of sections for subchapter D of chapter 51 is amended by striking the item relating to section 5276. (c) Effective Date.--The amendments made by this section shall take effect on July 1, 1995, but shall not apply to taxes imposed for periods before such date.

Amends the Internal Revenue Code to reduce the rates of occupational taxes relating to the production or sale of distilled spirits, wines, and beer beginning July 1, 1994. Repeals such taxes effective July 1, 1995.

To amend the Internal Revenue Code of 1986 to phaseout the occupational taxes relating to distilled spirits, wine, and beer.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``LEO Fair Retirement Act of 2017''. (b) Findings.--Congress finds the following: (1) Federal law enforcement officers are never ``off- duty''. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation's armed forces, theirs is the only profession comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. It is one of the most stressful, most dangerous, and most rewarding careers for those who meet the rigorous requirements of the job. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. This includes basic pay, retirement, and even overtime compensation. (4) Under current law, however, the payment of overtime compensation is limited, and is only payable to the extent that the payments do not cause the aggregate of the law enforcement officer's biweekly or annual pay to exceed the pay caps established under section 5547 of title 5, United States Code. This often results in a law enforcement officer working significant amounts of overtime hours year after year for which the officer is never compensated. (5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED IN EXCESS OF LAW ENFORCEMENT PREMIUM PAY LIMITATIONS. (a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2)(A) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the manner prescribed under this paragraph. ``(B) The officer may-- ``(i) not later than 180 days before the date that the officer's annuity will commence, request from the Office an estimate (expressed as a dollar figure) of-- ``(I) the lump-sum payment described under subparagraph (C); ``(II) the amount of the officer's monthly annuity payment if the officer elects to make the lump-sum payment and receive an amended annuity that includes the application of paragraph (1); and ``(III) the amount of such officer's monthly annuity payment if the officer does not make such an election; and ``(ii) consistent with the requirements of subparagraph (D), not later than 90 days after receipt of the estimate under clause (i), irrevocably elect to make the lump-sum payment to the Office. ``(C) If a law enforcement officer makes an election pursuant to subparagraph (B)(ii), such officer shall make a lump-sum payment to the Office equal to the difference between-- ``(i) the amount that would have been contributed by the officer and the employer under section 8334 during the 3 consecutive years used to determine average pay (as described under section 8331(4)) if the rate of basic pay of the officer during such period of years included any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section; and ``(ii) the amount that was so contributed during such period of years. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (2) Clarification with respect to annuity limit.--The limitation provided in section 8339(f) of title 5, United States Code, shall apply to any annuity calculated pursuant to subsection (v) of such section (as added by paragraph (1)). (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the same manner as prescribed under section 8339(v)(2). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. (d) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall promulgate regulations to carry out sections 8339(v) and 8415(o) of title 5, United States Code, as added by subsections (a) and (b). (2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. (3) Solicitation of payroll information.--Such regulations shall include-- (A) guidance for agencies employing law enforcement officers for proper retention of payroll information required to carry out the amendments made by subsection (a) and (b), including, for each creditable year of service, the difference between the amount the law enforcement officer received in gross compensation and the amount that would have been received as gross compensation but for the application of the premium pay caps in section 5547 of title 5, United States Code; and (B) procedures for the Director to solicit sufficient payroll information from the head of each applicable agency to provide for the computations required by the amendments made by this Act. SEC. 3. ELIGIBILITY FOR AVAILABILITY PAY FOR POSTAL INSPECTORS. (a) In General.--Section 5545a of title 5, United States Code, is amended by adding at the end the following: ``(l) The provisions of subsections (a)-(h) providing for availability pay shall apply to a Postal Inspector. For the purpose of this section, section 5542(d) of this title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), a Postal Inspector shall be deemed to be a criminal investigator as defined in this section. For purposes of this subsection, the term `Postal Inspector' has the meaning given such term under section 1003(c) of title 39.''. (b) Conforming Amendment.--Section 410(b)(11) of title 39, United States Code, is amended by striking ``Section 5520a'' and inserting ``Sections 5520a and 5545a''. SEC. 4. CREDIT FOR CERTAIN LUMP-SUM PAYMENTS OF UNCOMPENSATED LAW ENFORCEMENT PREMIUM PAY. (a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year an amount equal to the sum of the lump-sum payments made by the individual during such taxable year pursuant to section 8339(v)(2) or 8415(o)(2) of title 5, United States Code, with respect to an annuity of such individual. (b) Treated as Non-Refundable Personal Credit.--For purposes of the Internal Revenue Code of 1986, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of such Code.

LEO Fair Retirement Act of 2017 This bill provides that for purposes of computing the annuity of a federal law enforcement officer (LEO) under the Civil Service Retirement System and the Federal Employees Retirement System, any premium pay earned by such LEO in excess of limitations imposed on such pay shall be included in the LEO's average pay, contingent on the payment of a specified lump sum by the LEO to the Office of Personnel Management. The bill makes postal inspectors eligible for availability pay (i.e., premium pay paid to LEOs who are criminal investigators). The bill allows a nonrefundable tax credit for certain lump-sum payments of uncompensated law enforcement premium pay.

LEO Fair Retirement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Third Party Liability Act''. SEC. 2. MEDICAID THIRD PARTY LIABILITY. (a) Clarification of Definitions Applicable to Third Party Liability.-- (1) In general.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(nn) For purposes of subsection (a)(25) and section 1903(d)(2)(B), the term `responsible third party' means a health insurer (including a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, a self-insured plan, a fully-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, and any other health plan determined appropriate by the Secretary), the TRICARE program under chapter 55 of title 10, United States Code, an accountable care organization, or any other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service.''. (2) Conforming amendments.--Section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) is amended-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``third parties'' and all that follows through ``item or service)'' and inserting ``responsible third parties''; (B) in subparagraph (G), by striking ``health insurer'' and all that follows through ``item or service)'' and inserting ``responsible third party''; (C) in subparagraph (I), in the matter preceding clause (i), by striking ``health insurers'' and all that follows through ``item or service'' and inserting ``responsible third parties''; and (D) by inserting ``responsible'' before ``third'' each place it appears in subparagraphs (A)(i), (A)(ii), (C), (D), and (H). (b) Removal of Special Treatment of Certain Types of Care and Payments Under Medicaid Third Party Liability Rules.--Section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) is amended by striking subparagraphs (E) and (F). (c) Clarification of Role of Health Insurers With Respect to Third Party Liability.-- (1) In general.--Section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)), as amended by subsection (b), is further amended by inserting after subparagraph (D) the following new subparagraphs: ``(E) that, in the case of a State that provides medical assistance under this title through a contract with a health insurer (including a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, a self-insured plan, a fully-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, and any other health plan determined appropriate by the Secretary), such contract shall specify whether the State is-- ``(i) delegating to such insurer all or some of its right of recovery from a responsible third party for an item or service for which payment has been made under the State plan (or under a waiver of the plan); and ``(ii) transferring to such insurer all or some of the assignment to the State of any right of an individual or other entity to payment from a responsible third party for an item or service for which payment has been made under the State plan (or under a waiver of the plan); ``(F) that, in the case of a State that elects an option described in clause (i) or (ii) of subparagraph (E) with respect to a health insurer (including a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, a self-insured plan, a fully-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, and any other health plan determined appropriate by the Secretary), the State shall provide assurances to the Secretary that the State laws referred to in subparagraph (I) confer to the health insurer the authority of the State with respect to the requirements specified in clauses (i) through (iv) of such subparagraph;''. (2) Treatment of collected amounts.--Section 1903(d)(2)(B) of the Social Security Act (42 U.S.C. 1396b(d)(2)(B)) is amended by adding at the end the following: ``For purposes of this subparagraph, reimbursements made by a responsible third party to health insurers (including group health plans, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, self-insured plans, fully-insured plans, service benefit plans, managed care organizations, pharmacy benefit managers, and any other health plan determined appropriate by the Secretary) pursuant to section 1902(a)(25)(E) shall be treated in the same manner as reimbursements made to a State under the previous sentence.''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2017. (d) Increasing State Flexibility With Respect to Third Party Liability.--Section 1902(a)(25)(I) of the Social Security Act (42 U.S.C. 1396a(a)(25)(I)) is amended-- (1) in clause (i), by striking ``medical assistance under the State plan'' and inserting ``medical assistance under a State plan (or under a waiver of the plan)''; (2) by striking clause (ii) and inserting the following new clause: ``(ii) accept-- ``(I) any State's right of recovery and the assignment to any State of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the respective State's plan (or under a waiver of the plan); and ``(II) as a valid authorization of the responsible third party for the furnishing of an item or service to an individual eligible to receive medical assistance under this title, an authorization made on behalf of such individual under the State plan (or under a waiver of such plan) for the furnishing of such item or service to such individual;''; (3) in clause (iii)-- (A) by striking ``respond to'' and inserting ``not later than 60 days after receiving''; and (B) by striking ``; and'' at the end and inserting ``, respond to such inquiry; and''; and (4) in clause (iv), by inserting ``a failure to obtain a prior authorization,'' after ``claim form,''. (e) State Incentive To Pursue Third Party Liability for Newly Eligibles.--Section 1903(d)(2)(B) of the Social Security Act (42 U.S.C. 1396b(d)(2)(B)), as amended by subsection (c)(2), is amended by adding at the end the following: ``In the case of expenditures for medical assistance provided during 2017 and subsequent years for individuals described in subclause (VIII) of section 1902(a)(10)(A)(i), in determining the amount, if any, of overpayment under this subparagraph with respect to such medical assistance, the Secretary shall apply the Federal medical assistance percentage for the State under section 1905(b), notwithstanding the application of section 1905(y).''. SEC. 3. COMPLIANCE WITH THIRD PARTY INSURANCE REPORTING. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (m) the following new subsection: ``(n)(1) For any year beginning after 2020 (except as provided in paragraph (2)), unless a State complies with the requirements of section 1902(a)(25) with respect to each calendar quarter in such year, the Federal medical assistance percentage shall be reduced by 1 percentage point for calendar quarters in each subsequent year in which the State fails to so comply (and cumulatively for a failure to so comply for a period of consecutive years). ``(2) Notwithstanding paragraph (1), the reduction in the Federal medical assistance percentage shall apply-- ``(A) in the case of a failure of the State to comply with the requirements of section 1902(a)(25) with respect to payment for items and services furnished to individuals described in subclause (VIII) of section 1902(a)(10)(A)(i), for any year beginning after 2018; and ``(B) in the case of a failure of the State to comply with the requirements of section 1902(a)(25) with respect to payment for items and services furnished to individuals described in subdivision (i), (iii), or (iv) of section 1905(a), for any year beginning after 2019.''. (b) Verification of Insurance Status Required.-- (1) In general.--Section 1902(a)(25)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(25)(A)(i)) is amended by inserting ``, including the collection of, with respect to an individual seeking to receive medical assistance under this title, information on whether the individual has health insurance coverage provided through a health insurer (as described in section 1902(nn)) and the plan of such insurer in which the individual is enrolled'' after ``sufficient information''. (2) FFP unavailable without insurance status verification.--Section 1903(i)(25) of the Social Security Act (42 U.S.C. 1396b(i)(25)) is amended-- (A) by striking ``with respect to'' and inserting ``(A) with respect to''; and (B) by inserting before the semicolon at the end the following: ``and (B) with respect to any amounts expended for medical assistance for individuals for whom the State has not obtained and verified, in accordance with section 1902(a)(25)(A)(i), information on whether such an individual has health insurance coverage provided through a health insurer (as described in section 1902(nn)) and the plan of such insurer in which the individual is enrolled''. SEC. 4. APPLICATION TO CHIP. (a) In General.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended-- (1) by redesignating subparagraphs (B) through (R) as subparagraphs (C) through (S), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) Section 1902(a)(25) (relating to third party liability).''. (b) Mandatory Reporting.--Section 1902(a)(25)(I)(i) of the Social Security Act (42 U.S.C. 1396a(a)(25)(I)(i)), as amended by section 1(d), is further amended-- (1) by striking ``(and, at State option, child'' and inserting ``and child''; and (2) by striking ``title XXI)'' and inserting ``title XXI''. SEC. 5. TRAINING ON THIRD PARTY LIABILITY. Section 1936 of the Social Security Act (42 U.S.C. 1396u-6) is amended-- (1) in subsection (b)(4), by striking ``and quality of care'' and inserting ``, quality of care, and the liability of responsible third parties (as defined in section 1902(nn))''; and (2) by adding at the end the following new subsection: ``(f) Third Party Liability Training.--With respect to education or training activities carried out pursuant to subsection (b)(4) with respect to the liability of responsible third parties (as defined in section 1902(nn) for payment for items and services furnished under State plans (or under waivers of such plans)) under this title, the Secretary shall-- ``(1) publish (and update on an annual basis) on the public Internet website of the Centers for Medicare & Medicaid Services a dedicated Internet page containing best practices to be used in assessing such liability; ``(2) monitor efforts to assess such liability and analyze the challenges posed by that assessment; ``(3) distribute to State agencies administering the State plan under this title information related to such efforts and challenges; and ``(4) provide guidance to such State agencies with respect to State oversight of efforts by medicaid managed care organizations (as defined in section 1903(m)(1)) to assess such liability.''. SEC. 6. DEVELOPMENT OF MODEL UNIFORM FIELDS FOR STATES TO REPORT THIRD PARTY INFORMATION. Not later than January 1, 2018, the Secretary of Health and Human Services shall, in consultation with the States, develop and make available to the States a model uniform reporting field that States may use for purposes of reporting to the Secretary within CMS Form 64 (or any successor form) information identifying responsible third parties (as defined in subsection (nn) of section 1902 of the Social Security Act (42 U.S.C. 1396a)) and other relevant information for ascertaining the legal responsibility of such third parties to pay for care and services available under the State plan (or under a waiver of the plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act (other than as specified in the preceding provisions of this Act) shall take effect on the date of enactment of this Act and shall apply to medical assistance provided on or after such date. (b) Exception if State Legislation Required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made under this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Medicaid Third Party Liability Act This bill alters provisions related to third-party liability for medical assistance paid under the Medicaid program. Specifically, with respect to such liability, the bill: expands the definition of "responsible third party" to include, among other health insurers, the TRICARE program; eliminates special rules with respect to certain services provided to children; requires the inclusion, in a contract between a state Medicaid program and a health insurer, of certain information regarding whether the state is delegating or transferring to the insurer a right of third-party recovery;  provides for the treatment as overpayment of reimbursements made by a responsible third party to a health insurer; disallows a responsible third party from denying a state's claim solely on the basis of a failure to obtain a prior authorization;  imposes a timeline for a responsible third party to respond to a state's inquiry regarding a claim for payment; provides for reductions to a state Medicaid program's federal matching rate if the state fails to comply with third-party insurance requirements; and modifies other provisions related to third-party liability under the Medicaid program. Third-party liability requirements applicable under Medicaid shall also apply under the Children's Health Insurance Program (CHIP). The Centers for Medicare & Medicaid Services must: publish on its website, and annually update, best practices for assessing third-party liability; monitor and analyze efforts to assess that liability; in consultation with states, develop and make available a model uniform reporting field for identifying information related to responsible third parties; and provide other specified information and guidance to states.

Medicaid Third Party Liability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``SCHIP Full Funding Extension Act of 2008''. SEC. 2. EXTENDING SCHIP FUNDING THROUGH FISCAL YEAR 2012. (a) Through Fiscal Year 2012.-- (1) In general.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd), as amended by section 201 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended-- (A) in subsection (a)(11), by striking ``and 2009'' and inserting ``, 2009, 2010, 2011, and 2012''; and (B) in subsection (c)(4)(B), by striking ``through 2009'' and inserting ``through 2012''. (2) Availability of extended funding.--Funds made available from any allotment made from funds appropriated under subsection (a)(11) or (c)(4)(B) of section 2104 of the Social Security Act (42 U.S.C. 1397dd) for fiscal year 2009, 2010, 2011, or 2012 shall not be available for child health assistance for items and services furnished after September 30, 2012. (b) Extension of Treatment of Qualifying States.-- (1) In general.--Section 2105(g)(1)(A) of the Social Security Act (42 U.S.C. 1397ee(g)(1)(A)), as amended by section 201(b) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), is amended by striking ``or 2009'' and inserting ``2009, 2010, 2011, or 2012''. (2) Conforming amendment.--Section 201(b) of such Public Law is amended by striking paragraph (2). (c) Additional Allotments To Maintain SCHIP Programs Through Fiscal Year 2012.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended by striking subsection (l) and inserting the following new subsections: ``(l) Additional Allotments To Maintain SCHIP Programs for Fiscal Year 2009.-- ``(1) Appropriation; allotment authority.--For the purpose of providing additional allotments described in subparagraphs (A) and (B) of paragraph (3), there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary, not to exceed $2,000,000,000 for fiscal year 2009. ``(2) Shortfall states described.--For purposes of paragraph (3), a shortfall State described in this paragraph is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary, that the Federal share amount of the projected expenditures under such plan for such State for fiscal year 2009 will exceed the sum of-- ``(A) the amount of the State's allotments for each of fiscal years 2007 and 2008 that will not be expended by the end of fiscal year 2008; ``(B) the amount, if any, that is to be redistributed to the State during fiscal year 2009 in accordance with subsection (i); and ``(C) the amount of the State's allotment for fiscal year 2009. ``(3) Allotments.--In addition to the allotments provided under subsections (b) and (c), subject to paragraph (4), of the amount available for the additional allotments under paragraph (1) for fiscal year 2009, the Secretary shall allot-- ``(A) to each shortfall State described in paragraph (2) not described in subparagraph (B), such amount as the Secretary determines will eliminate the estimated shortfall described in such paragraph for the State; and ``(B) to each commonwealth or territory described in subsection (c)(3), an amount equal to the percentage specified in subsection (c)(2) for the commonwealth or territory multiplied by 1.05 percent of the sum of the amounts determined for each shortfall State under subparagraph (A). ``(4) Proration rule.--If the amounts available for additional allotments under paragraph (1) are less than the total of the amounts determined under subparagraphs (A) and (B) of paragraph (3), the amounts computed under such subparagraphs shall be reduced proportionally. ``(5) Retrospective adjustment.--The Secretary may adjust the estimates and determinations made to carry out this subsection as necessary on the basis of the amounts reported by States not later than November 30, 2008, on CMS Form 64 or CMS Form 21, as the case may be, and as approved by the Secretary. ``(6) One-year availability; no redistribution of unexpended additional allotments.--Notwithstanding subsections (e) and (f), amounts allotted to a State pursuant to this subsection for fiscal year 2009, subject to paragraph (5), shall only remain available for expenditure by the State through September 30, 2009. Any amounts of such allotments that remain unexpended as of such date shall not be subject to redistribution under subsection (f). ``(m) Additional Allotments To Maintain SCHIP Programs for Fiscal Year 2010.-- ``(1) Appropriation; allotment authority.--For the purpose of providing additional allotments described in subparagraphs (A) and (B) of paragraph (3), there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary, not to exceed $3,000,000,000 for fiscal year 2010. ``(2) Shortfall states described.--For purposes of paragraph (3), a shortfall State described in this paragraph is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary, that the Federal share amount of the projected expenditures under such plan for such State for fiscal year 2010 will exceed the sum of-- ``(A) the amount of the State's allotments for each of fiscal years 2008 and 2009 that will not be expended by the end of fiscal year 2009; ``(B) the amount, if any, that is to be redistributed to the State during fiscal year 2010 in accordance with subsection (f); and ``(C) the amount of the State's allotment for fiscal year 2010. ``(3) Allotments.--In addition to the allotments provided under subsections (b) and (c), subject to paragraph (4), of the amount available for the additional allotments under paragraph (1) for fiscal year 2010, the Secretary shall allot-- ``(A) to each shortfall State described in paragraph (2) not described in subparagraph (B) such amount as the Secretary determines will eliminate the estimated shortfall described in such paragraph for the State; and ``(B) to each commonwealth or territory described in subsection (c)(3), an amount equal to the percentage specified in subsection (c)(2) for the commonwealth or territory multiplied by 1.05 percent of the sum of the amounts determined for each shortfall State under subparagraph (A). ``(4) Proration rule.--If the amounts available for additional allotments under paragraph (1) are less than the total of the amounts determined under subparagraphs (A) and (B) of paragraph (3), the amounts computed under such subparagraphs shall be reduced proportionally. ``(5) Retrospective adjustment.--The Secretary may adjust the estimates and determinations made to carry out this subsection as necessary on the basis of the amounts reported by States not later than November 30, 2010, on CMS Form 64 or CMS Form 21, as the case may be, and as approved by the Secretary. ``(6) Availability; no redistribution of unexpended additional allotments.--Notwithstanding subsections (e) and (f), amounts allotted to a State pursuant to this subsection for fiscal year 2010, subject to paragraph (5), shall only remain available for expenditure by the State through September 30, 2010. Any amounts of such allotments that remain unexpended as of such date shall not be subject to redistribution under subsection (f). ``(n) Application to Fiscal Years 2011 and 2012.-- ``(1) In general.--Subject to paragraph (2), subsection (m) shall apply to each of fiscal years 2011 and 2012 in the same manner such subsection applies to fiscal year 2010. ``(2) Application.--In applying subsection (m) under paragraph (1) with respect to-- ``(A) fiscal year 2011-- ``(i) each reference to a year or date in such subsection shall be deemed a reference to the following year or to one year after such date, respectively; and ``(ii) the reference to `$3,000,000,000' in paragraph (1) of such subsection shall be deemed a reference to `$4,000,000,000'; and ``(B) fiscal year 2012-- ``(i) each reference to a year or date in such subsection shall be deemed a reference to the second following year or to two year after such date, respectively; and ``(ii) the reference to `$3,000,000,000' in paragraph (1) of such subsection shall be deemed a reference to `$5,000,000,000'.''. SEC. 3. OPTION FOR QUALIFYING STATES TO RECEIVE THE ENHANCED PORTION OF THE SCHIP MATCHING RATE FOR MEDICAID COVERAGE OF CERTAIN CHILDREN. Section 2105(g) of the Social Security Act (42 U.S.C. 1397ee(g)) is amended-- (1) in paragraph (1)(A), by inserting ``subject to paragraph (4),'' after ``Notwithstanding any other provision of law,''; and (2) by adding at the end the following new paragraph: ``(4) Option for certain allotments.-- ``(A) Payment of enhanced portion of matching rate for certain expenditures.--In the case of expenditures described in subparagraph (B), a qualifying State (as defined in paragraph (2)) may elect to be paid from the State's allotment made under section 2104 for any fiscal year (beginning with fiscal year 2009) (insofar as the allotment is available to the State under subsection (e) of such section) an amount each quarter equal to the additional amount that would have been paid to the State under title XIX with respect to such expenditures if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in section 1905(b)). ``(B) Expenditures described.--For purposes of subparagraph (A), the expenditures described in this subparagraph are expenditures made after the date of the enactment of this paragraph and during the period in which funds are available to the qualifying State for use under subparagraph (A), for the provision of medical assistance to individuals residing in the State who are eligible for medical assistance under the State plan under title XIX or under a waiver of such plan and who have not attained age 19, and whose family income equals or exceeds 133 percent of the poverty line but does not exceed the Medicaid applicable income level.''.

SCHIP Full Funding Extension Act of 2008 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to extend through FY2012 funding under the SCHIP program, including additional allotments to maintain SCHIP funding for such fiscal years in shortfall states. Grants qualifying states the option to receive the enhanced portion of the SCHIP matching rate for Medicaid coverage of certain children.

To amend title XXI of the Social Security Act to extend through fiscal year 2012 funding under the State Children's Health Insurance Program (SCHIP).

SECTION 1. SHORT TITLE: REFERENCE. (a) Short Title.--This Act may be cited as the ``Young American Workers' Bill of Rights''. (b) Reference.--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 Fair Labor Standards Act of 1938. SEC. 2. REPORTING AND RECORDKEEPING. (a) Child-Labor Laws.--Section 12 (29 U.S.C. 212) is amended by adding at the end the following new subsection: ``(e)(1) The Secretary and the United States Census Bureau shall compile annually data from respective State employment security agencies in all the States (A) on the types of industries and occupations in which children under the age of 18 are employed, and (B) on cases in which it was determined that children were employed in violation of this section. ``(2) If a minor in the course of employment suffers death or an injury or illness resulting in lost work time of at least 1 working day, not later than 5 days after the death, injury, or illness, the employer of the minor shall provide to the State agency a written description of the death, injury, or illness. ``(3) The Secretary of Health and Human Services, in conjunction with the Secretary of Labor, shall issue an annual report on the status of child labor in the United States and its attendant safety and health hazards.''. SEC. 3. CERTIFICATES OF EMPLOYMENT. Section 12 (29 U.S.C. 212), as amended by section 2, is further amended by adding at the end the following new subsection: ``(f)(1) As used in this subsection: ``(A) The term `minor' means an individual who is under the age of 18 and who has not received a high school diploma or its equivalent. ``(B) The term `parents' means the biological parents of a minor or other individual standing in loco parentis to a minor. ``(2) No employer shall employ a minor unless the minor possesses a valid certificate of employment issued in accordance with this subsection. ``(3) The Governor of a State shall designate a State agency to issue certificates of employment to minors in the State. The agency shall make available, on request, a form for the application described in paragraph (4) and shall make available, as part of the certification process, materials describing applicable Federal requirements governing the employment of minors and the minor's rights under such requirements. ``(4) To be eligible to receive a certificate of employment, a minor must submit to the appropriate State agency an application that contains-- ``(A) the name and address of the minor; ``(B) proof of age of the minor; ``(C) if the minor is under the age of 18-- ``(i) a written statement by the parents of the minor that the parents grant consent for employment of the minor; ``(ii) written verification from the minor's school that the minor is meeting at least the minimum school attendance requirements established by the State and that such employment will not interfere with the schooling of the minor; and ``(D) the employer's name, address, signature; and ``(E) with respect to the employment-- ``(i) a statement on the nature of the work to be performed; ``(ii) the daily and weekly hours, and ``(iii) the times of day in which the work is to be performed. ``(5) On receipt of an application under paragraph (4), a State agency shall issue to the minor-- ``(A) a certificate of employment, if the requirements of paragraph (4) are met; or ``(B) a statement of the denial of a certificate of employment (including the reasons for the denial), if the requirements of paragraph (4) are not met. ``(6) A certificate of employment issued to a minor under this subsection shall be valid for 1 year after the date of issuance of the certificate or for the duration of the permitted employment, whichever is shorter. ``(7) A certificate of employment issued to a minor under this subsection shall indicate-- ``(A) the name, address, and date of birth of the minor; ``(B) a minor will not be employed more than 3 hours per day or more than 15 hours per week and shall be prohibited from working before 7 a.m. and after 7 p.m. when school is in session if such minor is between 14 and 16 years of age and will not be employed more than 4 hours per school day or more than 20 hours per week and shall be prohibited from working before 6 a.m. and after 10 p.m. when school is in session if such minor is between 16 and 18 years of age; and ``(C) the name, address, and telephone number of the State agency that may be contacted for additional information concerning applicable Federal requirements governing the employment of minors. ``(8) The State agency shall provide a copy of a certificate of employment issued to a minor under the age of 18 to the parent of the minor who granted consent pursuant to paragraph (4) and to the local school district where the minor is enrolled. ``(9) If an employer employs a minor, not later than 14 days after the date of the commencement of employment of the minor, the employer shall provide to the State agency written notice of the name and occupation of the minor and the number of the certificate of employment issued to the minor. ``(10) Each employer shall post a copy of the provisions of this Act relating to child labor at each premise of a worksite where one or more minors is employed. ``(11) A State agency shall report annually to the Secretary concerning certificates of employment issued under this subsection. The agency shall include such information as the Secretary requires (including information on the number of deaths and injuries of minors reported pursuant to subsection (f)).''. SEC. 4. REVISIONS OF ORDERS AND REGULATIONS. (a) Orders.-- (1) In the administration of the Fair Labor Standards Act of 1938, the Secretary of Labor shall make the following revisions in the Secretary's child labor orders published in subpart E of part 570 of title 29, Code of Federal Regulations: (A) The exemption provided in Order No. 2 (29 C.F.R. 570.52) shall apply to minors who are at least 17 years of age and to driving that is secondary and incidental to the minor's main occupation. Such exemption would be limited to 20 percent of the minor's work in any workday and may not exceed 5 percent of the minor's work in any workweek. (B) Order No. 10 (29 C.F.R. 570.61) shall apply with respect to restaurants and fast food establishments. Such order shall prohibit individuals under the age of 18 from cleaning any machinery irrespective of who has disassembled the machinery. (2) In the administration of the Fair Labor Standards Act of 1938, the Secretary of Labor shall find and declare that poultry processing, seafood processing, paper baling, power driven meat slicing, and pesticide handling are occupations that are particularly hazardous for the employment of children between the ages of 16 and 18 for purposes of section 3(l) of the Fair Labor Standards Act of 1938. (b) Child Labor Regulations.--Under child labor regulation No. 3 (subpart C of 29 C.F.R. 570 et seq.)-- (1) individuals under 16 shall be prohibited from making door-to-door sales for profit, (2) individuals under 16 shall be prohibited from using fryers, baking equipment, and cooking equipment in food service establishments, and (3) strike out in section 570.34(b)(5) ``(except at soda fountains, lunch counters, snack bars, or cafeteria serving counters)''. SEC. 5. CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Willful Violations That Cause Injury or Death.--Section 16 (29 U.S.C. 216) is amended by adding at the end the following new subsection: ``(f) Any person who willfully violates the provisions of section 12, relating to child labor, or any regulation issued under such section, shall, on conviction be punished-- ``(1) in the case of a willful violation that causes serious bodily injury to an employee described in section 3(l) but does not cause death to the employee, by a fine in accordance with section 3571 of title 18, United States Code, or by imprisonment for not more than 5 years, or by both, except that if the conviction is for a willful violation committed after a first conviction of the person, the person shall be punished by a fine in accordance with section 3571 of such title 18 or by imprisonment for not more than 10 years, or by both; or ``(2) in the case of a willful violation that causes death to an employee described in section 3(l), by a fine in accordance with section 3571 of such title 18 or by imprisonment for not more than 10 years, or by both, except that if the conviction is for a willful violation committed after a first conviction of the person, the person shall be punished by a fine in accordance with section 3571 of such title 18 or by imprisonment for not more than 20 years, or by both.''. (b) No Prior Offense Prerequisite for Child Labor Violation.--The second sentence of section 16(a) is amended by inserting before the period at the end the following: ``, except that this sentence shall not apply to a violation of section 12''. SEC. 6. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Section 16(e) (29 U.S.C. 216(e)) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by inserting ``(1)'' after the subsection designation; (3) by adding at the end the following new paragraphs: ``(2) Any person who willfully violates the provisions of section 12, relating to child labor, or any regulation issued under such section, on more than one occasion, shall, on such additional violation, be ineligible-- ``(A) for any grant, contract, or loan provided by an agency of the United States or by appropriated funds of the United States, for 5 years after the date of such additional violation; ``(B) to pay the training wage authorized by section 6 of the Fair Labor Standards Amendments of 1989 (29 U.S.C. 206 note); or ``(C) to employ a minor for a period of 5 years from the date of such violation.''. SEC. 7. CIVIL ACTIONS FOR CHILD LABOR VIOLATIONS. Section 16 (29 U.S.C. 216), as amended by section 5, is amended by adding at the end the following: ``(g) Any employer who violates section 12 shall be liable for such legal or equitable relief as may be appropriate. An action to recover such relief may be brought against any employer in any Federal or State court of competent jurisdiction by any employee subject to the protections of section 12 or by the employee's survivors. The court in such an action shall, in addition to any other judgment awarded to the plaintiff, allow a reasonable attorney's fee to be paid by the defendant and costs of the action. If the employee or the employee's survivors obtain a judgment under this subsection and also seek recovery for the same violation through State worker's compensation, this subsection does not preclude a State from choosing to offset recovery obtained under this subsection against recovery provided through State worker's compensation.''. SEC. 8. COORDINATION. (a) In General.--The Secretary of Labor shall establish and encourage closer working relationships among Federal and State agencies having responsibility for enforcing labor, safety and health, and immigration laws. (b) Referrals.-- (1) The Secretary of Labor shall establish a referral system under which employees engaged in the enforcement of the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970 shall-- (A) exchange information about suspected violators of the Acts and monitor the results of referrals to each other, and (B) provide basic training to each other's staffs concerning the requirements of such Acts. (2) The Secretary of Labor shall require employees engaged in the enforcement of the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970 to establish a referral system with-- (A) employees of the Immigration and Naturalization Service engaged in the enforcement of the Immigration and Nationality Act, and (B) employees of Departments of Labor of the States engaged in the enforcement of State minimum wage and occupational safety and health laws. The Immigration and Naturalization Service and the State Departments of Labor shall each be encouraged by the Secretary of Labor to establish information exchanges and, to the extent practicable, provided training to each other's staffs concerning the requirements of the Acts enforced by the respective agencies. (c) Advice From Private and Public Sectors.--The Secretary shall seek information and advice from representative elements of the private sector and the non-Federal governmental sector with respect to the provisions of the Fair Labor Standards Act of 1938 and corresponding regulations as they pertain to the employment of minors. (d) Advisory Committee.--The Secretary shall establish an Advisory Committee for Child Labor to provide overall policy advice on matters referred to in subsection (c). The Committee shall be composed of not less than 21 individuals, and shall include representatives of government, labor, industry, education, agriculture, health professions, small business, youth, service industries, retailers, consumer interests, human rights, child welfare, and the general public. The Committee shall meet quarterly at the call of the Secretary or upon the call of a majority of the Committee, a quorum being present. The Chairperson of the Committee shall be elected by the Committee from among its members. Members of the Committee shall be appointed by the President for a period of 4 years and may be reappointed for one or more additional periods. The Secretary shall make available to the Committee such staff, information, personnel, and administrative services and assistance as it may reasonably require to carry out its activities. SEC. 9. PUBLICATION OF VIOLATORS. (a) In General.--The Secretary of Labor shall publish and disseminate the names and addresses of each person who has willfully violated the provisions of section 12 of the Fair Labor Standards Act of 1938 relating to child labor or any regulation under such section and the types of violations committed by such person and shall distribute the publication regionally. (b) Notice to School Districts.--The Secretary shall post and otherwise make available to affected school districts the name of each employer who violates the provisions of section 12 of the Fair Labor Standards Act of 1938, relating to child labor, or any regulation issued under such section together with a description of the location and nature of the violation. SEC. 10. COVERAGE. The provisions of sections 12 and 16(e) of the Fair Labor Standards Act of 1938 shall apply to employers regardless of the annual dollar volume of sales whereby certain enterprises are exempted from coverage under such Act. SEC. 11. PROTECTION OF MINORS WHO ARE MIGRANT OR SEASONAL AGRICULTURAL WORKERS. (a) Definition of Oppressive Child Labor.--The first sentence of section 3(l) (29 U.S.C. 203(l)) is amended-- (1) by striking ``or'' before ``(2)''; and (2) by inserting before the semicolon the following: ``, or (3) any employee under the age of 14 years is employed by an employer as a migrant agricultural worker (as defined in section 3(8) of the Migrant and Seasonal Agricultural Protection Act (29 U.S.C. 1802(8)) or seasonal agricultural worker (as defined in section 3(10) of such Act)''. (b) Exemptions.--Section 13 (29 U.S.C. 213) is amended-- (1) in subsection (a)(6), by inserting before the semicolon at the end the following: ``, except that this paragraph shall not apply to an employee described in section 3(l)(3)''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``Except as provided in paragraph (2) or (4)'' and inserting ``Except as provided in paragraph (2), (4), or (5)''; and (B) by adding at the end the following new paragraph: ``(5) The provisions of section 12 relating to child labor shall apply to an employee described in section 3(l)(3).''. SEC. 12. REGULATIONS. The Secretary of Labor shall issue such regulations as are necessary to carry out this Act and the amendments made by this Act. SEC. 13. AUTHORIZATION. There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary for the additional costs resulting from the amendments made by sections 2 and 5.

Young American Workers' Bill of Rights - Amends the Fair Labor Standards Act of 1938 to revise and increase requirements relating to child labor standards, including: (1) reporting, recordkeeping, and certification; (2) orders and regulations; (3) penalties; (4) coverage regardless of sales volume; (5) civil actions; and (6) migrant or seasonal agricultural labor. Directs the Secretary of Labor to: (1) compile annual data relating to child labor (jointly with the Census Bureau); (2) provide for coordination among enforcement personnel for Federal and State labor standards, occupational health and safety laws, and Federal immigration laws; (3) establish an Advisory Committee for Child Labor; and (4) publicize violators of child labor laws. Authorizes appropriations.

Young American Workers' Bill of Rights

SECTION 1. EXTENDED PHASE-IN OF THE INPATIENT REHABILITATION FACILITY CLASSIFICATION CRITERIA. (a) In General.--Section 5005 of the Deficit Reduction Act of 2005 is amended-- (1) in subsection (a), by striking ``apply the applicable percent specified in subsection (b)'' and inserting ``require a compliance rate that is no greater than the 60 percent compliance rate that became effective for cost reporting periods beginning on or after July 1, 2006''; and (2) by amending subsection (b) to read as follows: ``(b) Continued Use of Comorbidities.--For cost reporting periods beginning on or after July 1, 2008, the Secretary shall include patients with comorbidities as described in section 412.23(b)(2)(i) of title 42, Code of Federal Regulations (as in effect as of January 1, 2007), in the inpatient population that counts towards the percent specified in subsection (a).''. (b) Medical Necessity Criteria for Beneficiaries Served in Rehabilitation Hospitals and Units.--The Centers for Medicare & Medicaid Services and Medicare fiscal intermediaries, Medicare administrative contractors, recovery audit contractors, and other government agents shall use and apply the criteria established in HCFA Ruling 85-2, as issued on July 31, 1985 (50 Fed. Reg. 31040), as the sole standard for determining the medical necessity of services provided by inpatient rehabilitation hospitals and units to Medicare beneficiaries under title XVIII of the Social Security Act. SEC. 2. RECOMMENDATIONS FOR CLASSIFYING INPATIENT REHABILITATION HOSPITALS AND UNITS. (a) Report to Congress.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with physicians, administrators of inpatient rehabilitation and acute care hospitals, Medicare beneficiaries, and trade organizations representing inpatient rehabilitation hospitals and units, shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes-- (1) an examination of the impact of the 75 percent rule on the Medicare program and the specific impact of the rule on Medicare beneficiaries; and (2) alternatives to the 75 percent rule policy for determining exclusion criteria for inpatient rehabilitation hospital and unit designation under the Medicare program, including determining clinical appropriateness of inpatient rehabilitation hospital and unit admissions, and including alternative criteria based solely on a measure of a patient's functional status which is independent of diagnosis. For the purposes of this section, the term ``75 percent rule'' means the requirement of section 412.23(b)(2) of title 42, Code of Federal Regulations, that 75 percent of the patients of a rehabilitation hospital or converted rehabilitation unit are in 1 or more of 13 listed treatment categories. (b) Considerations.--In developing the report described in subsection (a), the Secretary shall include the following: (1) The effect of the 75 percent rule on access to inpatient hospital rehabilitation care by Medicare beneficiaries and the effectiveness of care available to such beneficiaries in other health care settings. (2) A comparative analysis of the overall Medicare system costs, including Medicare expenditures to acute care hospitals, home health agencies, skilled nursing facilities, and long-term care hospitals, resulting from implementation of the 75 percent rule. (3) A analysis that compares the quality, cost, and patient outcomes of inpatient rehabilitation services among different post-acute care settings, including whether the Medicare program and Medicare beneficiaries may incur higher costs of care for the entire episode of illness because of factors such as-- (A) readmissions to acute care hospitals that could have been avoided absent the 75 percent rule; or (B) extended lengths of stay in post-acute settings other than a rehabilitation hospital or unit because beneficiaries were denied access to care in such a hospital or unit due to the 75 percent rule. SEC. 3. TECHNICAL CORRECTION FOR INPATIENT REHABILITATION HOSPITALS AND UNITS NOMENCLATURE. (a) In General.--Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended-- (1) in paragraph (1)(A), by striking ``(in this subsection referred to as a `rehabilitation facility'), other than a facility'' and inserting ``other than a hospital or unit''; (2) by striking ``rehabilitation facility'' and ``facility'' and inserting ``inpatient rehabilitation hospital or a rehabilitation unit'' and ``hospital or unit'', respectively, each place it appears; (3) by striking ``rehabilitation facilities'' and inserting ``inpatient rehabilitation hospitals or rehabilitation units'' each place it appears; and (4) in paragraph (6), by striking ``rehabilitation facilities' costs'' and inserting ``costs of inpatient rehabilitation hospitals or rehabilitation units''. (b) Use of the Term ``IRH/U''.--The Secretary of Health and Human Services shall, under regulation and Medicare program guidance, use the term ``inpatient rehabilitation hospital/unit'' or ``IRH/U'' to refer to entities receiving payment for inpatient rehabilitation services under section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)). SEC. 4. EFFECTIVE DATE. Sections 1 and 3 of this Act shall take effect on July 1, 2007, and section 2 shall take effect on the date of the enactment of this Act.

Amends the Deficit Reduction Act of 2005 to revise the classification criterion used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility under title XVIII (Medicare) of the Social Security Act. Eliminates the current schedule of applicable percentages. Directs the Secretary of Health and Human Services, instead, to require in the classification criterion a compliance rate no greater than the 60% compliance rate that became effective for cost reporting periods beginning on or after July 1, 2006. Requires the Secretary, for cost reporting periods beginning on or after July 1, 2008, to include patients with comorbidity in the inpatient population that counts towards such 60% compliance rate. Requires the Centers for Medicare & Medicaid Services and Medicare fiscal intermediaries, Medicare administrative contractors, recovery audit contractors, and other government agents to use and apply the criteria established in HCFA Ruling 85-2, as issued on July 31, 1985, as the sole standard for determining the medical necessity of servivces provided by inpatient rehabilitation hospitals and units to Medicare beneficiaries. Directs the Secretary to report to specified congressional committees: (1) an examination of the impact of the 75% rule on the Medicare program, and specifically on Medicare beneficiaries; and (2) alternatives to the 75% rule policy for determining exclusion criteria for inpatient rehabilitation hospital and unit designation under the Medicare program.

To improve Medicare beneficiary access by extending the 60 percent compliance threshold used to determine whether a hospital or unit of a hospital is an inpatient rehabilitation facility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeal and Refund Act''. SEC. 2. REPEAL OF INDIVIDUAL MANDATE. (a) Repeal of Requirement To Maintain Minimum Essential Coverage.-- (1) In general.--The Internal Revenue Code of 1986 is amended by striking chapter 48. (2) Conforming amendments.-- (A) Amendments related to the internal revenue code of 1986.-- (i) Section 36B of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (g) the following new subsection: ``(g) Minimum Essential Coverage.--For purposes of this section-- ``(1) In general.--The term `minimum essential coverage' means any of the following: ``(A) Government sponsored programs.--Coverage under-- ``(i) the Medicare program under part A of title XVIII of the Social Security Act, ``(ii) the Medicaid program under title XIX of the Social Security Act, ``(iii) the CHIP program under title XXI of the Social Security Act, ``(iv) medical coverage under chapter 55 of title 10, United States Code, including coverage under the TRICARE program, ``(v) a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs, in coordination with the Secretary of Health and Human Services and the Secretary, ``(vi) a health plan under section 2504(e) of title 22, United States Code (relating to Peace Corps volunteers), or ``(vii) the Nonappropriated Fund Health Benefits Program of the Department of Defense, established under section 349 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1587 note). ``(B) Employer-sponsored plan.--Coverage under an eligible employer-sponsored plan. ``(C) Plans in the individual market.--Coverage under a health plan offered in the individual market within a State. ``(D) Grandfathered health plan.--Coverage under a grandfathered health plan. ``(E) Other coverage.--Such other health benefits coverage, such as a State health benefits risk pool, as the Secretary of Health and Human Services, in coordination with the Secretary, recognizes for purposes of this subsection. ``(2) Eligible employer-sponsored plan.--The term `eligible employer-sponsored plan' means, with respect to any employee, a group health plan or group health insurance coverage offered by an employer to the employee which is-- ``(A) a governmental plan (within the meaning of section 2791(d)(8) of the Public Health Service Act), or ``(B) any other plan or coverage offered in the small or large group market within a State. Such term shall include a grandfathered health plan described in paragraph (1)(D) offered in a group market. ``(3) Excepted benefits not treated as minimum essential coverage.--The term `minimum essential coverage' shall not include health insurance coverage which consists of coverage of excepted benefits-- ``(A) described in paragraph (1) of subsection (c) of section 2791 of the Public Health Service Act, or ``(B) described in paragraph (2), (3), or (4) of such subsection if the benefits are provided under a separate policy, certificate, or contract of insurance. ``(4) Individuals residing outside united states or residents of territories.--Any applicable individual shall be treated as having minimum essential coverage for any month-- ``(A) if such month occurs during any period described in subparagraph (A) or (B) of section 911(d)(1) which is applicable to the individual, or ``(B) if such individual is a bona fide resident of any possession of the United States (as determined under section 937(a)) for such month. ``(5) Insurance-related terms.--Any term used in this section which is also used in title I of the Patient Protection and Affordable Care Act shall have the same meaning as when used in such title.''. (ii) Section 36B(c)(2)(B) of such Code is amended to read as follows: ``(B) Exception for minimum essential coverage.-- The term `coverage month' shall not include any month with respect to an individual if for such month the individual is eligible for minimum essential coverage other than eligibility for coverage described in subsection (g)(1)(C) (relating to coverage in the individual market).''. (iii) Clauses (i)(I) and (ii) of section 36B(c)(2)(C) of such Code are each amended by striking ``section 5000A(f)(2)'' and inserting ``subsection (g)(2)''. (iv)(I) Subclause (II) of section 36B(c)(2)(C)(i) of such Code is amended by striking ``(within the meaning of section 5000A(e)(1)(B))''. (II) Paragraph (2) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(D) Required contribution.--For purposes of subparagraph (C)(i)(II), the term `required contribution' means-- ``(i) in the case of an individual eligible to purchase minimum essential coverage consisting of coverage through an eligible employer-sponsored plan, the portion of the annual premium which would be paid by the individual (without regard to whether paid through salary reduction or otherwise) for self-only coverage, or ``(ii) in the case of an individual eligible only to purchase minimum essential coverage described in subsection (g)(1)(C), the annual premium for the lowest cost bronze plan available in the individual market through the Exchange in the State in the rating area in which the individual resides (without regard to whether the individual purchased a qualified health plan through the Exchange), reduced by the amount of the credit allowable under subsection (a) for the taxable year (determined as if the individual was covered by a qualified health plan offered through the Exchange for the entire taxable year).''. (v) Section 162(m)(6)(C)(i) of such Code is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (vi) Subsections (a)(1) and (b)(1) of section 4980H of such Code are each amended by striking ``section 5000A(f)(2)'' and inserting ``section 36B(g)(2)''. (vii) Section 4980I(f)(1)(B) of such Code is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (viii) Section 6056(b)(2)(b) of such Code is amended by striking ``section 5000A(f)(2)'' and inserting ``section 36B(g)(2)''. (ix) The table of chapters of the Internal Revenue Code of 1986 is amended by striking the item relating to chapter 48. (B) Amendments related to the patient protection and affordable care act.-- (i) Section 1251(a)(4)(B)(ii) of the Patient Protection and Affordable Care Act is amended by striking ``section 500A(f)(2)'' and inserting ``section 36B(g)(2)''. (ii) Section 1302(e)(2) of such Act is amended to read as follows: ``(2) Individuals eligible for enrollment.--An individual is described in this paragraph for any plan year if the individual has not attained the age of 30 before the beginning of the plan year.''. (iii) Section 1311(d)(4) of such Act is amended by striking subparagraph (H). (iv) Section 1312(d)(4) of such Act is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (v) Section 1363(e)(1)(C) of such Act is amended-- (I) by striking ``section 5000A(f)'' and inserting ``section 36B(g)'', and (II) by striking ``or is eligible for an employer-sponsored plan that is not affordable coverage (as determined under section 5000A(e)(2) of such Code)'' and inserting ``or who is eligible for an employer-sponsored plan and whose household income for the taxable year described in section 1412(b)(1)(B) is less than the amount of gross income specified in section 6012(a)(1) of the Internal Revenue Code of 1986 with respect to the taxpayer''. (vi) Section 1332(a)(2)(D) of such Act is amended by striking ``36B, 4980H, and 5000A'' and inserting ``36B and 4980H''. (vii) Section 1401(c)(1)(A)(iii) of such Act is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (viii) Section 1411(a) of such Act is amended-- (I) by inserting ``and'' at the end of paragraph (2), (II) in paragraph (3)-- (aa) by striking ``and section 5000A(e)(2)'', and (bb) by striking ``, and'' and inserting a period, and (III) by striking paragraph (4). (ix) Section 1411(b)(4)(C) of such Act is amended by striking ``5000A(e)(1)(B)'' and inserting ``36B(c)(2)(D)''. (x) Section 1411(b) of such Act is amended by striking paragraph (5). (xi) Section 1411(e)(4)(B) of such Act is amended by striking clause (iv). (C) Other conforming amendments.--Section 2715(b)(3)(G)(i) of the Public Health Service Act is amended by striking ``section 5000A(f)'' and inserting ``section 36B(g)''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2013. (b) Repeal of Reporting of Health Insurance Coverage.-- (1) In general.--Part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by striking subpart D. (2) Conforming amendments.-- (A) Section 6056(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Coordination With Other Requirements.--To the maximum extent feasible, the Secretary may provide that any return or statement required to be provided under this section may be provided as part of any return or statement required under section 6051.''. (B) Section 6724(d)(1)(B) of such Code is amended by inserting ``or'' at the end of clause (xxiii), by striking clause (xxiv), and by redesignating clause (xxv) as clause (xxiv). (C) Section 6724(d)(2) of such Code is amended by inserting ``or'' at the end of subparagraph (FF), by striking subparagraph (GG), and by redesignating subparagraph (HH) as subparagraph (GG). (D) Subsection (c) of section 1502 of the Patient Protection and Affordable Care Act is repealed. (E) The table of subparts for part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by striking the item relating to subpart D. (3) Effective date.--The amendments made by this subsection shall apply to calendar years beginning after December 31, 2013. (c) Taxpayer Refund Program.-- (1) In general.--The Secretary of the Treasury shall implement a program under which taxpayers who have paid a penalty under section 5000A of the Internal Revenue Code of 1986 for any taxable year receive 1 payment in refund of all such penalties paid, without regard to whether or not an amended return is filed. Such payment shall be made not later than April 15, 2018. (2) Waiver of statute of limitations.--Solely for purposes of claiming the refund under paragraph (1), the period prescribed by section 6511(a) of the Internal Revenue Code of 1986 with respect to any payment of a penalty under section 5000A shall be extended until the date prescribed by law (including extensions) for filing the return of tax for the taxable year that includes December 31, 2017.

Repeal and Refund Act This bill amends the Internal Revenue Code to repeal: (1) the requirement that individuals maintain minimum essential health care coverage (commonly referred to as the individual mandate), and (2) the reporting requirements for health insurance coverage. The Department of the Treasury must implement a program to refund all penalties paid by taxpayers for failing to maintain minimum essential health coverage. Treasury must provide taxpayers with one payment to refund all penalties without regard to whether or not an amended tax return is filed.

Repeal and Refund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Monoxide Treated Meat, Poultry, and Seafood Safe Handling, Labeling, and Consumer Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) It is well documented in the published literature that consumers rely heavily on color to evaluate the freshness of meat, poultry and seafood products. (2) The Secretary of Health and Human Services has accepted the use of carbon monoxide in modified atmosphere packaging for fresh beef and pork to help maintain the characteristic red color of fresh meat. (3) The Secretary of Health and Human Services has allowed the use of carbon monoxide under conditions that affect the color of case-ready fresh cuts of poultry and ground poultry. (4) The Secretary of Health and Human Services has accepted the use of carbon monoxide for use on raw tuna, before it is frozen, to preserve its taste, aroma, texture, and color. (5) Carbon monoxide reacts with myoglobin in fresh meat, poultry, and seafood, to form carboxymyoglobin that simulates the color that consumers associate with freshness and safety in fresh meat, poultry and seafood. (6) The color imparted by carbon monoxide persists in meat, poultry and seafood packaged with carbon monoxide regardless of the age of the meat, poultry, or seafood, its microbial count, or whether it has been exposed to temperature abuse, and the browning consumers have come to associate with meat, poultry or seafood that may not be fit to consume will not occur. (7) Congressional investigators recently reported that at the port of San Francisco, California, a significant proportion of the seafood products offered for import have been treated with carbon monoxide to affect the color so as to give the appearance of freshness, yet twenty percent of the carbon monoxide-treated seafood has been refused entry as decomposed. (8) It is well documented in the published literature that ideal temperature control is not consistently maintained in the course of distribution, storage, and retail and consumer handling of fresh meat, poultry, and seafood products, and that serious microbial stability problems exist because of the frequency of temperature abuse. (9) The use of carbon monoxide under conditions affecting the color of meat, poultry, and seafood products is not currently required to be labeled with adequate information and warnings such that consumers have no way of knowing that they cannot rely on color to judge the freshness and safety of meat, poultry, and seafood products packaged with carbon monoxide. (10) Date labeling is not adequate to overcome the loss to consumers of color as a key freshness and safety indicator, and such date labeling becomes irrelevant once meat, poultry, or seafood has been subjected to temperature abuse or frozen and subsequently defrosted. (11) The amendments made by this Act are necessary to prevent consumer deception and serious risks to the public health from foodborne illness that may occur if consumers purchase and consume meat, poultry, or seafood products that have become spoiled or otherwise unfit for consumption, where consumers were led to think the meat, poultry, or seafood was fresh and safe based upon its color. The amendments will benefit in particular the elderly and other vulnerable subpopulations whose sense of smell may be compromised and who cannot rely on odor as an indicator of spoilage, and others who may be particularly susceptible to illness from consumption of meat, poultry, or seafood products that have spoiled. SEC. 3. LABELING REQUIREMENTS FOR MEAT, POULTRY PRODUCTS, AND SEAFOOD THAT CONTAIN CARBON MONOXIDE. (a) In General.--Subsection (t) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(t)) is amended by adding at the end the following new paragraph: ``(4) In the case of food that is meat within the meaning of the Federal Meat Inspection Act, a poultry product within the meaning of the Poultry Products Inspection Act, or seafood (including all fresh or saltwater finfish, molluscan shellfish, crustaceans, and other forms of aquatic animal life) intended for human consumption as food within the meaning of section 201(f) of this Act (referred to collectively in this subsection as `seafood'), the term `color additive' shall include carbon monoxide under conditions of use that may impart, maintain, preserve, stabilize, fix, or otherwise affect the color of fresh meat, poultry products, or seafood, unless the label of such food bears, prominently and conspicuously in such place and in such manner as to render it likely to be read and understood by the ordinary person, the following statement to prevent consumer deception and serious risks to the public health: `SAFETY NOTICE: Carbon monoxide has been used to preserve the color of this product. Do not rely on color or the ``use or freeze by'' date alone to judge the freshness or safety of the product. Discard any product with an unpleasant odor, slime, or a bulging package.'''. (b) Effective Date.--The amendment made by this section shall apply to food labeled on or after the date that is 30 days after the date of the enactment of this Act. SEC. 4. DISCRETIONARY AUTHORITY. If, not earlier than five years after the effective date of section 3 of this Act, the Secretary of Health and Human Services finds, based on competent and reliable scientific evidence, that the statement prescribed in section 201(t)(4) of the Federal Food, Drug, and Cosmetic Act is no longer required to prevent consumer deception and other harms, then the Secretary is authorized to issue regulations establishing alternative labeling requirements that are shown to be adequate and effective in preventing consumer deception and other harms related to the conditions of use of carbon monoxide, including with respect to preventing any consumer deception or other harm that may result from the actual conditions of carbon monoxide use and its potential to impart a persistent color to meat, poultry products, or seafood described in such section through a reaction with natural pigment.

Carbon Monoxide Treated Meat, Poultry, and Seafood Safe Handling, Labeling, and Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to make changes to the definition of "color additive" to include carbon monoxide that may impart, maintain, preserve, stabilize, fix, or otherwise affect the color of fresh meat, poultry products, or seafood, unless the label of such food bears, prominently and conspicuously, a specified statement that advises consumers: (1) that carbon monoxide has been used to preserve the color of the product; (2) not to rely on the color or the "use or freeze by" date alone to judge the freshness or safety of the product; and (3) to discard any product with an unpleasant odor, slime, or a bulging package. Authorizes the Secretary of Health and Human Services to establish alternative labeling requirements, not earlier than five years after the effective date of this Act, if: (1) such statement is no longer required to prevent consumer deception and other harms; and (2) such alternative requirements are shown to be adequate and effective in preventing consumer deception and other harms related to the conditions of use of carbon monoxide.

To amend the Federal Food, Drug, and Cosmetic Act to provide restrictions on the use of carbon monoxide in meat, poultry, and seafood, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patriot Corporations of America Act of 2013''. SEC. 2. FEDERAL CONTRACTING PREFERENCE FOR PATRIOT CORPORATIONS. After December 31, 2013, in the evaluation of bids or proposals for a contract for the procurement of goods or services, the Federal Government shall provide a preference to any entity that is a Patriot corporation (as defined in section 11(e) of the Internal Revenue Code of 1986, as added by section 3 of this Act), unless the award of the contract to such entity would jeopardize the national security interests of the United States. SEC. 3. REDUCTION IN RATE OF INCOME TAX FOR PATRIOT CORPORATIONS. (a) In General.--Section 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Patriot Corporations.-- ``(1) Rate reduction for patriot corporations.--In the case of a Patriot corporation, the amount of the tax imposed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount equal to 5 percent of the taxable income of such corporation. ``(2) Patriot corporation defined.--For purposes of this subsection-- ``(A) In general.--The term `Patriot corporation' means, with respect to any taxable year, any corporation which is certified by the Secretary as meeting the requirements of subparagraph (B) for such taxable and the preceding taxable year. ``(B) Requirements.--A corporation meets the requirements of this subparagraph, with respect to any taxable year, if such corporation-- ``(i) produces in the United States at least 90 percent of the goods and services sold by such corporation during such taxable year, ``(ii) does not provide compensation to any management personnel of such corporation at a level of compensation which exceeds 10,000 percent of the level of compensation of the full-time employee of such corporation with the lowest level of compensation during such taxable year, ``(iii) conducts at least 50 percent of the research and development conducted by such corporation during such taxable year (determined on the basis of cost) in the United States, ``(iv) has contributed at least 5 percent of wages paid by the corporation during the taxable year to a portable pension fund for the benefit of employees of the corporation, ``(v) has paid at least 70 percent of the cost of a standardized health insurance plan for the benefit of employees of the corporation during such taxable year, ``(vi) has maintained at all times during such taxable year neutrality in employee organizing drives and has in effect a policy to that effect, ``(vii) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called to active duty, ``(viii) has not been (at any time during such taxable year) in violation of appropriate Federal regulations including those related to the environment, workplace safety, labor relations, and consumer protections, as determined by the Secretary, and ``(ix) has not been in violation of any other regulations specified by the Secretary. ``(C) Certification process.--Not later than 90 days after the date of the enactment of this subsection, the Secretary shall establish an application and certification process to annually certify corporations as Patriot corporations. Such certifications shall be made at such time and on the basis of such materials as the Secretary determines appropriate.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. (c) Certification Allowed for Year Preceding Effective Date of Rate Reduction.--For purposes of section 11(e) of the Internal Revenue Code of 1986, as added by this section, the Secretary may certify a corporation as a Patriot corporation for the last taxable year of the corporation beginning on or before December 31, 2013, if the corporation meets the requirements of paragraph (2)(B) of such section for such taxable year. SEC. 4. TAX AVOIDANCE FOREIGN CORPORATIONS SUBJECT TO UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Tax avoidance foreign corporations treated as domestic.--Any corporation which would (but for this subparagraph) be treated as a foreign corporation shall be treated as a domestic corporation if the Secretary determines that such corporation was created or organized as a foreign corporation (instead of as a domestic corporation) principally for the purpose of avoiding being treated as a domestic corporation under this title.''. (b) Effective Dates.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Patriot Corporations of America Act of 2013 - Grants after 2013 a preference to Patriot corporations in the evaluation of bids or proposals for federal contracts. Defines "Patriot corporation" as a corporation which: (1) produces at least 90% of its goods and services in the United States; (2) does not pay its its management-level employees at a rate more than 10,000% of the compensation of its lowest paid employee; (3) conducts at least 50% of its research and development in the United States; (4) contributes at least 5% of its payroll to a portable pension fund for its employees; (5) pays at least 70% of its employees' health insurance costs; (6) maintains a policy of neutrality in employee organizing drives; (7) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called to active duty; and (8) has not violated federal regulations, including regulations relating to the environment, workplace safety, labor relations, and consumer protections. Amends the Internal Revenue Code to: (1) reduce the income tax rate for Patriot corporations, and (2) reclassify foreign corporations created or organized to avoid federal taxation as domestic corporations for income tax purposes.

Patriot Corporations of America Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Trademark Defense Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Trademarks and trade names are vital assets of the many United States businesses that engage in international trade. (2) Worldwide sales of branded products of United States businesses contribute in important ways to the livelihood of American workers and the well-being and continued healthy growth of numerous United States businesses. These sales depend, in turn, on the protection that other countries afford to the trademarks and trade names of United States businesses under treaties and international agreements. (3) Among such treaties and agreements are the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO), the Paris Convention for the Protection of Industrial Property, and the General Inter- American Convention for Trade Mark and Commercial Protection. (4) The United States should ensure that the trademark and trade names of United States businesses continue to be protected abroad by working to ensure that other countries comply with their obligations under intellectual property rights treaties and agreements. At the same time, the United States should adhere to its obligations under such treaties and agreements. (5) Hundreds of United States businesses have registered their trademarks in Cuba in order to ensure the exclusive right to use those trademarks when the United States trade embargo on that country is lifted. Indeed, following the enactment of the Trade Sanctions Reform and Export Enhancement Act of 2000, many United States businesses are already exporting branded food products to Cuba. (6) The United States District Court for the Southern District of New York ruled that section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105- 277; 112 Stat. 2681-88) abrogates, with respect to Cuba, the General Inter-American Convention on Trade Mark and Commercial Protection. The District Court's ruling was affirmed by the United States Court of Appeals for the Second Circuit. (7) Cuba's international remedy under customary international law, as codified by Article 60 of the 1969 Vienna Convention on Treaties, for a breach by the United States of the General Inter-American Convention on Trade Mark and Commercial Protection, is to suspend or revoke the protections Cuba currently affords United States trademarks and trade names. (8) Since 1996, hundreds of United States businesses have registered over 50,000 European Community trademarks, and thousands of trademark registrations in individual European Union member states, in order to ensure the exclusive right to use their trademarks in the territory of the European Union. (9) The World Trade Organization upheld a challenge by the European Community and ruled that section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999, is inconsistent with the obligations of the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights, including provisions of the Paris Convention for the Protection of Industrial Property. (10) If the United States fails to bring its law into conformity with the WTO ruling, the remedy of the European Community, as provided by the Dispute Settlement Understanding of the World Trade Organization, is compensation and the suspension of concessions or other obligations that the European Community and its member states currently afford to intellectual property and other trade interests of the United States and its citizens. (11) In order to preserve the rights of United States nationals holding trademarks and trade names in Cuba, in the European Union and its members states, and in other countries, the United States must repeal section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999, and should take the necessary steps to promote the long-term protection of trademarks, trade names, and domain names held by United States nationals in that country. (12) Since long prior to the enactment of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999, it has been the practice of the Federal courts to provide equity in adjudicating disputes involving the Untied States trademark rights of foreign nationals whose businesses at home have been confiscated by their governments. (13) Therefore, section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999, is not necessary for the courts to reach equitable results with respect to the trademark and trade name rights of foreign nationals who have suffered from confiscation of their businesses at home, and that the repeal of such section will return to the courts the full authority to give due consideration to all the relevant issues, both legal and equitable, with respect to such trademarks and trade names. (b) Purpose.--The purpose of this Act is to improve and promote compliance with international intellectual property obligations and to defend United States intellectual property interests from suspension of benefits abroad, including in the European Community and its member states, Cuba, and in signatories of the General Inter-American Convention for Trade Mark and Commercial Protection and the Agreement on Trade-Related Aspects of Intellectual Property Rights. SEC. 3. ADHERENCE TO INTERNATIONAL AGREEMENTS AND UNDERSTANDINGS. (a) Repeal.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (b) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue such regulations as are necessary to carry out the repeal made by subsection (a), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 applied. SEC. 4. AUTHORITY OF COURTS. United States courts shall have the authority to recognize, enforce, or otherwise validate an assertion of rights in any mark or trade name based on common law rights or registration or under any applicable provision of law or any applicable treaty to which the United States is a party. SEC. 5. PROTECTION OF UNITED STATES INTELLECTUAL PROPERTY RIGHTS. (a) Estimates of Barriers to Market Access.--For purposes of preparing the report required by section 181 of the Trade Act of 1974 (19 U.S.C. 2241) for calendar year 2005, the United States Trade Representative shall examine the policies and practices of Cuba with respect to protecting and enforcing intellectual property rights. (b) Identification of Countries That Deny Adequate Protection, or Market Access, for Intellectual Property Rights.--For purposes of meeting the requirements of section 182 of the Trade Act of 1974 (22 U.S.C. 2242) with respect to the report required by section 181 of such Act for calendar year 2005, the United States Trade Representative shall give due consideration to the findings of the Trade Representative pursuant to subsection (a).

United States Trademark Defense Act of 2005 - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition against U.S. courts recognizing, enforcing, or otherwise validating any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government. Requires the Secretary of the Treasury to issue regulations as necessary to repeal such provisions, including removing any applicable prohibition on transactions or payments. Authorizes U.S. courts to recognize, enforce, or otherwise validate an assertion of rights in any mark or trade name based on common law rights or registration or under any applicable provision of law or any applicable treaty to which the United States is a party. Requires the United States Trade Representative to examine policies and practices of Cuba with respect to protecting and enforcing intellectual property rights.

To improve and promote compliance with international intellectual property obligations and to defend United States intellectual property interests from suspension of benefits abroad, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Meth Act of 2004''. TITLE I--GRANT PROGRAM FOR COMBATING METHAMPHETAMINE REPEAT OFFENDERS SEC. 101. GRANT PROGRAM FOR COMBATING METHAMPHETAMINE REPEAT OFFENDERS. (a) Grant Program.--The Attorney General shall carry out a program to provide grants to qualified States for combating the problem of methamphetamine abuse with a specific focus on the prosecution of repeat offenders. (b) Qualified State.--For purposes of this section, the term ``qualified State'' means a State that-- (1) as reported by the National Clandestine Laboratory Database, had more than 200 methamphetamine lab seizures in 2003; and (2) has a law that provides that possession or distribution of 5 grams or more of methamphetamine, its salts, isomers, or salts of its isomers, or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, qualifies for a mandatory minimum sentence, without the possibility of probation or parole, of 5 to 40 years for a first offense, 10 years to life for a second offense, and life for a third offense. (c) Distribution of Grant Amounts.--The Attorney General shall distribute grants authorized under subsection (a) to 2 States. (d) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $10,000,000 for fiscal years 2005 and 2006 to carry out this section. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. TITLE II--ENFORCEMENT SEC. 201. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS. (a) In General.--In addition to any other funds authorized to be appropriated for fiscal year 2005 for grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), known as the COPS program, there is authorized to be appropriated $20,000,000 for such purpose to provide training to State and local prosecutors and law enforcement agents for the investigation and prosecution of methamphetamine offenses. (b) Rural Set-Aside.--Of amounts made available pursuant to subsection (a), $5,000,000 shall be available only for prosecutors and law enforcement agents for rural communities. (c) DEA Reimbursement.--Of amounts made available pursuant to subsection (a), $2,000,000 shall be available only to reimburse the Drug Enforcement Administration for existing training expenses, and shall remain available until expended. SEC. 202. AUTHORIZATION OF APPROPRIATIONS RELATING TO THE CLANDESTINE LABORATORY TRAINING. In addition to any other funds authorized to be appropriated for fiscal year 2005 for the facilities and personnel used to operate the Clandestine Laboratory Training Facility of the Drug Enforcement Administration, located in Quantico, Virginia, there is authorized to be appropriated $10,000,000 for such purpose (but to include not more than 20 additional full-time positions) to provide training to law enforcement personnel of all the States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 203. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND CLEANUP. Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended-- (1) in paragraph (11) by striking ``and'' at the end; (2) in paragraph (12) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(13) hire personnel and purchase equipment to assist in the enforcement and prosecution of methamphetamine offenses and the cleanup of methamphetamine-affected areas.''. SEC. 204. SPECIAL UNITED STATES ATTORNEY'S PROGRAM. (a) In General.--The Attorney General shall allocate any amounts appropriated pursuant to the authorization under subsection (a) for the hiring and training of special assistant United States attorneys. (b) Use of Funds.--The funds allocated under subsection (a) shall be used to-- (1) train local prosecutors in techniques used to prosecute methamphetamine cases, including the presentation of evidence related to the manufacture of methamphetamine; (2) train local prosecutors in Federal and State laws involving methamphetamine manufacture or distribution; (3) cross-designate local prosecutors as special assistant United States attorneys; and (4) hire additional local prosecutors who-- (A) with the approval of the United States attorney, shall be cross-designated to prosecute both Federal and State methamphetamine cases; (B) shall be assigned a caseload, whether in State court or Federal court, that gives the highest priority to cases in which-- (i) charges related to methamphetamine manufacture or distribution are submitted by law enforcement for consideration; and (ii) the defendant has been previously convicted of a crime related to methamphetamine manufacture or distribution. (c) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for fiscal years 2005 and 2006 to carry out the provisions of this section. TITLE III--EDUCATION, PREVENTION, AND TREATMENT SEC. 301. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS. Section 519 of the Public Health Service Act (42 U.S.C. 290bb-25) is amended-- (1) in subsection (b), by inserting after paragraph (8) the following: ``(9) Development of drug endangered children rapid response teams that will intervene on behalf of children exposed to methamphetamine as a result of residing or being present in a home-based clandestine drug laboratory.''; and (2) in subsection (o)-- (A) by striking ``For the purpose'' and inserting the following: ``(1) In general.--For the purpose''; and (B) by adding at the end the following: ``(2) Drug endangered children rapid response teams.--There are authorized to be appropriated $1,000,000 for fiscal years 2005 and 2006 to carry out the provisions of subsection (b)(9).''. SEC. 302. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS. Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended-- (1) by redesignating the section 514 that relates to methamphetamine and appears after section 514A as section 514B; and (2) by inserting after section 514B (as so redesignated) the following section: ``local grants for treatment of methamphetamine abuse and related conditions. ``Sec. 514C. The Secretary may make grants to political subdivisions of States and to nonprofit private entities for the purpose of providing treatment for methamphetamine abuse.''. SEC. 303. METHAMPHETAMINE PRECURSOR MONITORING GRANTS. (a) Grants Authorized.--The Attorney General, acting through the Bureau of Justice Assistance, may award grants to States to establish methamphetamine precursor monitoring programs. (b) Purpose.--The purpose of the grant program established under this section is to-- (1) prevent the sale of methamphetamine precursors, such as pseudoephedrine, to individuals in quantities so large that the only reasonable purpose of the purchase would be to manufacture methamphetamine; (2) educate businesses that legally sell methamphetamine precursors of the need to balance the legitimate need for lawful access to medication with the risk that those substances may be used to manufacture methamphetamine; and (3) recalibrate existing prescription drug monitoring programs designed to track the sale of controlled substances to also track the sale of pseudoephedrine in any amount greater than 6 grams. (c) Use of Grant Funds.--Grant funds awarded to States under this section may be used to-- (1) implement a methamphetamine precursor monitoring program, including hiring personnel and purchasing computer hardware and software designed to monitor methamphetamine precursor purchases; (2) expand existing methamphetamine precursor or prescription drug monitoring programs to accomplish the purposes described in subsection (b); (3) pay for training and technical assistance for law enforcement personnel and employees of businesses that lawfully sell substances, which may be used as methamphetamine precursors; (4) improve information sharing between adjacent States through enhanced connectivity; or (5) make grants to subdivisions of the State to implement methamphetamine precursor monitoring programs. (d) Application.--Any State desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (e) Authorization of Appropriations.--There are authorized to be appropriated $1,000,000 for the fiscal years 2005 and 2006, to be used to carry out the provisions of this section.

Combat Meth Act of 2004 - Directs the Attorney General to carry out a program to provide grants to qualified States (i.e., those which had more than 200 methamphetamine lab seizures in 2003 and that provide a specified mandatory minimum sentence for possession and/or distribution of five grams or more of methamphetamine or 50 grams or more of a substance containing methamphetamine) to combat methamphetamine abuse, focusing on the prosecution of repeat offenders. Authorizes funds to provide training to: (1) State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses; and (2) State law enforcement personnel at the Drug Enforcement Administration's Clandestine Laboratory Training Facility in Quantico, Virginia. Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and purchase equipment to assist in enforcing and prosecuting methamphetamine offenses and in cleaning up methamphetamine-affected areas; and (2) the Public Health Service Act to authorize grants to local governments and nonprofit private entities to provide treatment for methamphetamine abuse. Directs the Attorney General to allocate funds for the hiring and training of special assistant U.S. attorneys. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs.

A bill to respond to the illegal production, distribution, and use of methamphetamines in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Freedom and Respect in the Armed Forces Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Religious Freedom and Respect in the Armed Forces'' (in this Act referred to as the ``Commission''). SEC. 3. DEFINITION OF RELIGIOUS FREEDOM. In this Act, the term ``religious freedom'' means the freedom to choose one's religious beliefs, to express such beliefs, and to exercise one's religious beliefs, rituals, and traditions, without coercion or intimidation. SEC. 4. DUTIES AND POWERS. (a) Duties of the Commission.--The Commission shall conduct a review to assess religious freedom, and respect and tolerance for the diversity of spiritual values, in the Armed Forces. The review conducted by the Commission shall include-- (1) an examination of the issues of religious freedom and respect for the diversity of spiritual values in the Armed Forces; (2) an assessment of the policies, procedures, and responsibilities for the accommodation of religious exercise in the Armed Forces; (3) a review of the report titled ``The Report of the Headquarters Review Group Concerning the Religious Climate at the U.S. Air Force Academy'', issued on June 22, 2005; and (4) a review of any reports by the Government Accountability Office or an Inspector General, and any recommendations from other governmental or nongovernmental sources, regarding religious freedom and respect for the diversity of spiritual values in the Armed Forces that the Commission considers appropriate. (b) Areas of Review.--As part of the review under subsection (a), the Commission shall identify and make findings regarding-- (1) opportunities to clarify guidelines for religious freedom in the Armed Forces; (2) areas within the Armed Forces where accommodation of religious freedom can be enhanced and improved; and (3) ways to improve and enhance respect and tolerance for the diversity of spiritual values in the Armed Forces. (c) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, take testimony, and receive evidence as the Commission considers appropriate. The Commission may issue subpoenas to compel the attendance of witnesses and the production of documents, and may administer oaths to witnesses appearing before it. (d) Obtaining Official Data.--Subject to sections 552, 552a, and 552b of title 5, United States Code, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of that department or agency shall furnish the information to the Commission. (e) Contracts.--The Commission may contract, as the Commission considers appropriate, for the provision of services, facilities, studies, and reports that will assist the Commission in carrying out its duties, responsibilities, and powers. SEC. 5. MEMBERSHIP. (a) Number and Qualifications.--The Commission shall be composed of 12 members, appointed from among individuals who are scholars, experts, or other individuals with substantial knowledge of or experience in-- (1) the constitution and church-state relations; (2) pastoral care; or (3) professional development in the Armed Forces. (b) Appointment.--Of the members described under subsection (a)-- (1) four shall be appointed by the President, not more than 2 of whom may be of the same political party; (2) two shall be appointed by the Speaker of the House of Representatives; (3) two shall be appointed by the minority leader of the House of Representatives; (4) two shall be appointed by the majority leader of the Senate; and (5) two shall be appointed by the minority leader of the Senate. (c) Operations.-- (1) Appointment.--Members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (2) Chairman.--The President shall designate one member of the Commission to serve as Chairman of the Commission. (3) Meetings.-- (A) Frequency.--The Commission shall meet monthly at the call of the Chairman and at additional times as the Commission considers appropriate. (B) Quorum.--Seven members of the Commission shall constitute a quorum but a lesser number may hold hearings. (4) Compensation.--Members of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (5) Professional staff.--The Commission may employ, pursuant to laws and regulations governing the civil service, an executive secretary and any clerical, professional, and technical assistants as may be necessary. (6) Terms and vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 30 days after the date on which the vacancy occurs. SEC. 6. REPORT. Not later than 6 months after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress on the Commission's findings. The report shall include the following: (1) An assessment of religious freedom, and respect and tolerance for the diversity of spiritual values, in the Armed Forces. (2) Recommendations to clarify the right of religious freedom in the Armed Forces and to ensure that the rights of those who engage in religious exercise and expression, as well as those who do not, are respected. (3) Recommendations regarding how the Armed Forces can promote and enhance tolerance and respect for the spiritual values of all people. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 60 days after the date on which the Commission submits the report required under section 6. SEC. 8. FUNDING. Funds for activities of the Commission shall be provided from amounts appropriated for the Department of Defense.

Religious Freedom and Respect in the Armed Forces Commission Act - Establishes the Commission on Religious Freedom and Respect in the Armed Forces to: (1) assess religious freedom, and respect and tolerance for the diversity of spiritual values, in the Armed Forces; and (2) report findings to the President and Congress.

To establish the Commission on Religious Freedom and Respect in the Armed Forces to assess the freedom of religion and respect for the diversity of spiritual values in the Armed Forces.

SECTION 1. SHORT TITLE This Act may be cited as the ``Rural Wireless Telecommunications Consumer Enhancement Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Telecommunications Act of 1996 was enacted to foster the deployment of telecommunications and information technologies to all Americans by promoting competition and reducing regulation. (2) The Telecommunications Act of 1996 specifically recognized the unique challenges in delivering services in rural and underserved areas. (3) Small wireless carriers in rural areas are uniquely positioned to offer quality services and competitive initiatives to benefit consumers in such less densely populated regions. (4) Existing regulations are typically tailored to the circumstances of larger carriers and therefore often impose disproportionate burdens on small rural wireless carriers inhibiting the ability of these carriers to expand telecommunications services and offer new competitive initiatives to consumers living in rural areas. (5) Reducing regulatory burdens on small rural wireless carriers located in and serving rural areas will enable these carriers to commit resources to the deployment of expanded telecommunications services and competitive initiatives to benefit consumers living in such areas. (6) Reducing regulatory burdens on small rural wireless carriers located in and serving rural areas will increase carriers' abilities to respond to marketplace conditions allowing them to accelerate deployment of wireless services and competitive initiatives to benefit businesses and residents in rural areas. (b) Purposes.--The purposes of this Act are-- (1) to accelerate deployment of wireless telecommunications and the development of competition in the telecommunications industry in all regions of the Nation, consistent with the Telecommunications Act of 1996, by reducing regulatory burdens on small rural wireless carriers located in and serving rural communities; (2) to improve such carriers' abilities to offer new competitive initiatives; and (3) to allow such carriers to redirect resources from paying the costs of such regulatory burdens to increasing investment in such initiatives. SEC. 3. DEFINITIONS. Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (40) through (52) as paragraphs (41) through (53), respectively; and (2) by inserting after paragraph (39) the following new paragraph: ``(40) Small rural wireless carriers.--The term `small rural wireless carriers' means any wireless company (together with all affiliates) whose wireless subscribers are fewer than 1 percent of the Nation's wireless subscribers in the aggregate nationwide.''. SEC. 4. REDUCED REGULATORY BURDENS ON SMALL RURAL WIRELESS CARRIERS. Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph: ``(9) Small rural wireless carriers.-- ``(A) Commission to take into account differences.--In adopting rules that apply to small rural wireless carriers (as defined in this Act) the Commission shall separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on small rural wireless carriers. ``(B) Effect of commission's failure to take into account differences.--If the Commission adopts a rule that applies to small rural wireless carriers and fails to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirement would have on small rural wireless carriers, the Commission shall not enforce the rule against small rural wireless carriers until the Commission performs such separate evaluation. ``(C) If commission determines the rules are burdensome.--If its evaluation determines that any proposed regulatory, compliance, or reporting requirement would create a financial burden on small rural wireless carriers by imposing additional costs that require small rural wireless carriers to divert resources from improving existing and advanced services, making infrastructure investments, and other competitive initiatives for the benefit of businesses and residents in rural areas, the Commission shall forbear from imposing such requirement on small rural wireless carriers unless it determines such forbearance is not in the public interest. ``(D) If forbearance is not in the public interest.--If the Commission determines that such forbearance is not in the public interest, the Commission shall state its reasons for such determination, develop an alternative schedule that provides additional time for small rural wireless carriers to comply with such requirements, and report such actions to the Congress 30 days prior to finalizing the regulatory, compliance, or reporting requirements. ``(E) Additional review not required.--The Commission is not required to conduct a separate evaluation under subparagraph (A) if the rules adopted do not apply to small rural wireless carriers.''. SEC. 5. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR WAIVER. Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by adding at the end the following new subsection: ``(c) Expedited Action Required.--Not later than 90 days after receiving from a small rural wireless carrier a petition for reconsideration or other review filed under this section or a petition for waiver of a rule, policy, or other Commission requirement, the Commission shall issue an order granting or denying such petition. If the Commission fails to act on a petition for waiver subject to the requirements of this section within this 90-day period, the relief sought in such petition shall be deemed granted. If the Commission fails to act on a petition for reconsideration or other review subject to the requirements of this section within such 90-day period, the Commission's enforcement of any rule the reconsideration or other review of which was specifically sought by the petitioning party shall be stayed with respect to that party.''. SEC. 6. ESTABLISHING OFFICE OF RURAL ADVOCACY IN THE FEDERAL COMMUNICATIONS COMMISSION. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following new section: ``SEC. 12. OFFICE OF RURAL ADVOCACY. ``(a) Establishment.--There shall be in the Commission an office to be known as the `Office of Rural Advocacy' (hereafter in this section referred to as the `Office'). The Office shall not be a bureau of the Commission. ``(b) Head of Office.--The Office shall be headed by the Rural Advocate of the Federal Communications Commission. The Rural Advocate shall be appointed by the President, by and with the advice and consent of the Senate, from among citizens of the United States. The Rural Advocate shall have a status and rank in the Commission commensurate with the status and rank in the Commission of the heads of the bureaus of the Commission. ``(c) Responsibilities of Office.--The responsibilities of the Office are as follows: ``(1) To promote access to wireless telecommunications services for populations in the rural United States. ``(2) To assess the effectiveness of existing Federal programs for providers of wireless telecommunications services in rural areas and make recommendations to Congress for legislative actions to improve such programs. ``(3) To measure the costs and other effects of Federal regulations on the capability of wireless telecommunications carriers in rural areas to provide telecommunications services in such areas and make recommendations for legislative and non- legislative actions to modify such regulations so as to minimize the interference of such regulations with that capability. ``(4) To represent the views and interests of rural populations and providers of telecommunications services in rural areas before any department or agency of the Federal Government whose policies and activities affect the receipt or delivery of telecommunications services in rural areas. ``(5) To serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning policies and activities of any department or agency of the Federal Government which affect the delivery of telecommunications services in rural areas. ``(d) Staff.--For purposes of carrying out the responsibilities of the Office, the Rural Advocate may employ personnel not to exceed 10 individuals with a rate of pay not to exceed GS-15 of the General Schedule. ``(e) Annual Report.--The Rural Advocate shall submit to the Congress, the President, and the Commission on an annual basis a report on the activities of the Office under this section during the preceding year. The report may include any recommendations for legislative or other action that the Rural Advocate considers appropriate. Nothing in this section shall be construed to limit the Rural Advocate from making other reports as deemed appropriate by the Rural Advocate. ``(f) Limited Authority.--Nothing in this section should be interpreted to give the Rural Advocate any authority to impose or to seek imposition from the Commission on small rural wireless carriers of any additional regulatory, compliance, or reporting requirements.''. SEC. 7. EFFECTIVE DATE. This Act shall apply to all rulemaking that is pending on or commenced after the date of enactment of this Act.

Rural Wireless Telecommunications Consumer Enhancement Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), in adopting rules that apply to small rural wireless carriers (carriers with fewer than one percent of the Nation's wireless subscribers), to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirement would have on such carriers. Requires forbearance in the imposition of any requirement that would cause such carriers to divert resources from improving existing and advanced services, making infrastructure investments, and undertaking other initiatives for the benefit of businesses and residents in rural areas, so long as such forbearance is in the public interest.Requires the FCC to act within 90 days on a petition from such a carrier for reconsideration or other review of an FCC rule, policy, or other requirement.Establishes in the FCC an Office of Rural Advocacy to undertake specified activities with respect to the promotion and provision of wireless telecommunications services for rural populations.

To amend the Communications Act of 1934 to foster the deployment of wireless telecommunications services to consumers in rural areas.

SECTION 1. PAY AND RETIREMENT OF A FEDERAL JUSTICE OR JUDGE CONVICTED OF A FELONY. (a) Suspension Without Pay.-- (1) Supreme court justices.-- (A) In general.--Section 3 of title 28, United States Code, is amended-- (i) by inserting ``(a)'' before ``Whenever the''; and (ii) by adding at the end the following new subsections: ``(b) Justices of the Supreme Court shall hold office during good behavior. ``(c)(1) For purposes of the tenure or appointment of a justice, the term `good behavior' shall not include any offense committed by a justice if the conviction of such offense is a felony that-- ``(A) is punishable by death or imprisonment for a term exceeding one year; and ``(B) involves moral turpitude. ``(2)(A) Subject to subparagraph (B), a justice convicted of a felony described under paragraph (1) shall be suspended from office without pay. Such suspension shall be effective on and after the date on which the verdict of guilt of such felony is entered. ``(B)(i) In the event of reversal of the conviction upon final appeal, the justice shall be reinstated with back pay, unless impeached. ``(ii) If articles of impeachment of the justice are reported to the House of Representatives and the final disposition of the articles is not a conviction in the Senate, the justice shall be reinstated without back pay.''. (B) Technical and conforming amendments.-- (i) The section heading for section 3 of title 28, United States Code, is amended to read as follows: ``Sec. 3. Vacancy in office of Chief Justice; disability; service by justices during good behavior''. (ii) The table of sections for chapter 1 of title 28, United States Code, is amended by amending the item relating to section 3 to read as follows: ``3. Vacancy in office of Chief Justice; disability; service of justices during good behavior.''. (2) Circuit judges.--Section 44(b) of title 28, United States Code, is amended-- (A) by inserting ``(1)'' before ``Circuit judges''; and (B) by adding at the end the following new paragraph: ``(2)(A) For purposes of the tenure or appointment of a circuit judge, the term `good behavior' shall not include any offense committed by a circuit judge if the conviction of such offense is a felony that-- ``(i) is punishable by death or imprisonment for a term exceeding one year; and ``(ii) involves moral turpitude. ``(B) Subject to subparagraph (C), a circuit judge convicted of a felony described under subparagraph (A) shall be suspended from office without pay. Such suspension shall be effective on and after the date on which the verdict of guilt of such felony is entered. ``(C)(i) In the event of reversal of the conviction upon final appeal, the circuit judge shall be reinstated with back pay, unless impeached. ``(ii) If articles of impeachment of the judge are reported to the House of Representatives and the final disposition of the articles is not a conviction in the Senate, the circuit judge shall be reinstated without back pay.''. (3) District judges.--Section 134(a) of title 28, United States Code, is amended-- (A) by inserting ``(1)'' before ``The district judges''; and (B) by adding at the end the following new paragraph: ``(2)(A) For purposes of the tenure or appointment of a district judge, the term `good behavior' shall not include any offense committed by a judge if the conviction of such offense is a felony that-- ``(i) is punishable by death or imprisonment for a term exceeding one year; and ``(ii) involves moral turpitude. ``(B) Subject to subparagraph (C), a district judge convicted of a felony described under subparagraph (A) shall be suspended from office without pay. Such suspension shall be effective on and after the date on which the verdict of guilt of such felony is entered. ``(C)(i) In the event of reversal of the conviction upon final appeal, the district judge shall be reinstated with back pay, unless impeached. ``(ii) If articles of impeachment of the judge are reported to the House of Representatives and the final disposition of the articles is not a conviction in the Senate, the district judge shall be reinstated without back pay.''. (b) Retirement Age and Service Requirements for Federal Justices and Judges Convicted of a Felony.--Section 371(c) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2)(A) Subject to subparagraph (B), if a justice or judge is convicted of a felony punishable by death or imprisonment for a term exceeding one year and which involves moral turpitude, the age and years of service of the justice or judge on the date on which the verdict of guilt of such felony is entered, shall be the attained age and years of service of the justice or judge for purposes of paragraph (1). ``(B) Subparagraph (A) shall not apply if-- ``(i) the conviction is reversed upon final appeal, unless the justice or judge is impeached; or ``(ii) articles of impeachment of the justice or judge are reported to the House of Representatives and the final disposition of the articles is not a conviction in the Senate.''.

Amends the Federal judicial code to provide that any justice of the Supreme Court or any circuit or district court judge convicted of a felony involving moral turpitude shall be suspended from office without pay pending the disposition of impeachment proceedings. Provides that such justice's or judge's age and years of service for retirement purposes shall be the age and years of service attained as of the date of the guilty verdict, with an exception if such conviction is later reversed.

A bill to provide that a Federal justice or judge convicted of a felony shall be suspended from office without pay, to amend the retirement age and service requirements for Federal justices and judges convicted of a felony, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``The Consumer Access to Prescription Drugs Act of 1995''. SEC. 2. APPROVAL AND MARKETING OF GENERIC DRUGS. (a) Approval of Applications.--For purposes of acceptance and consideration by the Secretary of an application under subsections (b), (c), and (j) of section 505, and subsections (b), (c), and (n) of section 512, of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b), (c), and (j), and 360b (b), (c), and (n)), the expiration date of a patent that is the subject of a certification under section 505(b)(2)(A) (ii), (iii), or (iv), section 505(j)(2)(A)(vii) (II), (III), or (IV), or section 512(n)(1)(H) (ii), (iii), or (iv), respectively, made in an application submitted prior to June 8, 1995, or in an application submitted on or after that date in which the applicant certifies that substantial investment was made prior to June 8, 1995, shall be deemed to be the date on which such patent would have expired under the law in effect on the day preceding December 8, 1994. (b) Right To Market.--The remedies of section 271(e)(4) of title 35, United States Code, shall not apply to acts which-- (1) were commenced or for which a substantial investment was made prior to June 8, 1995; and (2) became infringing by reason of section 154(c)(1) of such title, as amended by section 532 of the Uruguay Round Agreements Act (Public Law 103-465; 108 Stat. 4983). (c) Equitable Remuneration.--For acts described in subsection (b), equitable remuneration of the type described in section 154(c)(3) of title 35, United States Code, as amended by section 532 of the Uruguay Round Agreements Act (Public Law 103-465; 108 Stat. 4983) may be awarded to a patentee only if there has been-- (1) the commercial manufacture, use, offer to sell, or sale, within the United States of an approved drug that is the subject of an application described in subsection (a); or (2) the importation into the United States of an approved drug that is the subject of an application described in subsection (a). SEC. 3. DEFINITIONS. (a) Acts Which Were Commenced.--The submission of an application for approval of a drug under section 505(b)(2), 505(j), 507, or 512(n), of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b)(2) and (j), 357, and 360b(n)) prior to June 8, 1995, or the subsequent making, using, offering to sell, selling, or importing of the drug which is the subject of the application, shall constitute acts which were commenced prior to June 8, 1995, as that term is used in this Act and in section 154(c)(2) of title 35, United States Code, as amended by section 532 of the Uruguay Round Agreements Act (Public Law 103-465; 108 Stat. 4983). A person who submits such application, and a person who supplied any active ingredient used by such person in such drug, shall be deemed to have performed acts which were commenced prior to June 8, 1995. (b) Substantial Investment.--The development of a product formulation and the manufacture of an experimental batch of a drug that becomes the subject of an application, or the initiation of stability or bioequivalency studies, by an applicant referred to in section 505(b)(2), 505(j), or 512(n), or by a manufacturer of a drug referred to in section 507, of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b)(2) and (j), 360b(n), and 357) shall constitute substantial investment, as that term is used in this Act and in section 154(c)(2)(A) of title 35, United States Code, as amended by section 532 of the Uruguay Round Agreements Act (Public Law 103-465; 108 Stat. 4983). A person who supplied any active ingredient used by such applicant in such drug or by such manufacturer in such drug shall be deemed to have made substantial investment by having supplied the active ingredient to such applicant or such manufacturer. SEC. 4. APPLICABILITY. (a) Applicability to Approval of Applications.--The provisions of this Act shall govern-- (1) the approval or the effective date of approval of applications under section 505(b)(2), 505(j), 507, or 512(n), of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b)(2) and (j), 357, and 360b(n)) submitted on or after the date of enactment of this Act; and (2) the approval or effective date of approval of all pending applications that have not received final approval as of the date of enactment of this Act. (b) Applicability in Judicial Proceedings.--The provisions of this Act shall apply in any action that-- (1) relates to the approval or marketing of a drug or the infringement of a patent; and (2)(A) is brought in a Federal or State court on or after the date of enactment of this Act; or (B) is brought in a Federal or State court prior to the date of enactment of this Act and pending on such date.

Consumer Access to Prescription Drugs Act of 1995 - Regulates the patent expiration date regarding new drug and new animal drug applications submitted before June 8, 1995 (or submitted after that date but with substantial investment before that date). Declares that the remedies of certain patent provisions shall not apply to acts that were commenced (or that had substantial investment) before that date and that became infringing by reason of specified provisions of the Uruguay Round Agreements Act. Restricts the circumstances in which equitable remuneration may be awarded. Sets forth what constitutes: (1) acts commenced prior to that date; and (2) substantial investment. Specifies the application approval and judicial circumstances to which this Act applies.

Consumer Access to Prescription Drugs Act of 1995

SECTION 1. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER. (a) Purpose.--The purpose of this section is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal land and waterways. (b) National Park System Land.--Section 100905 of title 54, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``The Secretary'' and inserting ``Except as provided in paragraph (3), the Secretary''; and (B) by adding at the end the following: ``(3) Special rules for film crews of 5 persons or fewer.-- ``(A) Definition of film crew.--In this paragraph, the term `film crew' means any persons present on Federal land or waterways under the jurisdiction of the Secretary who are associated with the production of a film. ``(B) Required permit and fee.--For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary. ``(C) Commercial filming activities.--A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit. ``(D) No additional fees.--For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B). ``(E) Use of cameras.--The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary. ``(F) Notification required.--A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land. ``(G) Denial of access.--The head of the applicable land management agency may deny access to a film crew under this paragraph if-- ``(i) there is a likelihood of resource damage that cannot be mitigated; ``(ii) there would be an unreasonable disruption of the use and enjoyment of the site by the public; ``(iii) the activity poses health or safety risks to the public; or ``(iv) the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land.''; and (2) in the first sentence of subsection (b), by striking ``collect any costs'' and inserting ``recover any costs''. (c) Other Federal Land.--Section 1 of Public Law 106-206 (16 U.S.C. 460l-6d) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``The Secretary'' and inserting ``Except as provided in paragraph (3), the Secretary''; and (B) by adding at the end the following: ``(3) Special rules for film crews of 5 persons or fewer.-- ``(A) Definition of film crew.--In this paragraph, the term `film crew' means any persons present on Federal land or waterways under the jurisdiction of the Secretary who are associated with the production of a film. ``(B) Required permit and fee.--For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary. ``(C) Commercial filming activities.--A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit. ``(D) No additional fees.--For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B). ``(E) Use of cameras.--The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary. ``(F) Notification required.--A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land. ``(G) Denial of access.--The head of the applicable land management agency may deny access to a film crew under this paragraph if-- ``(i) there is a likelihood of resource damage that cannot be mitigated; ``(ii) there would be an unreasonable disruption of the use and enjoyment of the site by the public; ``(iii) the activity poses health or safety risks to the public; or ``(iv) the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land.''; and (2) in the first sentence of subsection (b)-- (A) by striking ``collect any costs'' and inserting ``recover any costs''; and (B) by striking ``similar project'' and inserting ``similar projects''.

Directs the Department of the Interior, for National Park System land, and the Department of Agriculture, for land under its jurisdiction, to require any film crew of five persons or fewer to obtain a permit and pay an annual fee of $200 to conduct commercial filming activities or similar projects on such land and waterways.

To direct the Secretary of the Interior and the Secretary of Agriculture to require annual permits and assess annual fees for commercial filming activities on Federal land for film crews of 5 persons or fewer, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance for Industries Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Trade Adjustment Assistance assists workers and agricultural commodity producers who lose their jobs for trade- related reasons to retrain, gain new skills, and find new jobs in growing sectors of the economy. (2) The total cost of providing adjustment assistance represents a tiny fraction of the gains to the United States economy as a whole that economists attribute to trade liberalization. (3) In circumstances where, due to changes in market conditions caused by the implementation of bilateral or multilateral free trade agreements, unfair trade practices, unforeseen import surges, and other reasons, import competition creates industry-wide effects on domestic workers or agricultural commodity producers, the current process of assessing eligibility for trade adjustment assistance on a plant-by-plant basis is inefficient and can lead to unfair and inconsistent results. SEC. 3. OTHER METHODS OF REQUESTING INVESTIGATION. Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended-- (1) by adding at the end the following: ``(c) Other Methods of Initiating a Petition.--Upon the request of the President or the United States Trade Representative, or the resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, the Secretary shall promptly initiate an investigation under this chapter to determine the eligibility for adjustment assistance of-- ``(1) a group of workers (which may include workers from more than one facility or employer); or ``(2) all workers in an occupation as that occupation is defined in the Bureau of Labor Statistics Standard Occupational Classification System.''; (2) in subsection (a)(2), by inserting ``or a request or resolution filed under subsection (c),'' after ``paragraph (1),''; and (3) in subsection (a)(3), by inserting ``, request, or resolution'' after ``petition'' each place it appears. SEC. 4. NOTIFICATION. Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to read as follows: ``SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DETERMINATIONS AND SAFEGUARDS. ``(a) Notifications Regarding Chapter 1 Investigations and Determinations.--Whenever the International Trade Commission makes a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the Commission shall immediately-- ``(1) notify the Secretary of Labor of that finding; and ``(2) in the case of a finding with respect to an agricultural commodity, as defined in section 291, notify the Secretary of Agriculture of that finding. ``(b) Notification Regarding Bilateral Safeguards.--The International Trade Commission shall immediately notify the Secretary of Labor and, in an investigation with respect to an agricultural commodity, the Secretary of Agriculture, whenever the Commission makes an affirmative determination pursuant to one of the following provisions: ``(1) Section 421 of the Trade Act of 1974 (19 U.S.C. 2451). ``(2) Section 312 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(3) Section 312 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(4) Section 312 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(5) Section 312 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(6) Section 302(b) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3352(b)). ``(7) Section 212 of the United States-Jordan Free Trade Agreement Implementation Act (19 U.S.C. 2112). ``(c) Agricultural Safeguards.--The Commissioner of Customs shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, whenever the Commissioner of Customs assesses additional duties on a product pursuant to one of the following provisions: ``(1) Section 202 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(2) Section 202 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(3) Section 201(c) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(4) Section 309 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3358). ``(5) Section 301(a) of the United States-Canada Free Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note). ``(6) Section 404 of the United States-Israel Free Trade Agreement Implementation Act (19 U.S.C. 2112 note). ``(d) Textile Safeguards.--The President shall immediately notify the Secretary of Labor whenever the President makes a positive determination pursuant to one of the following provisions: ``(1) Section 322 of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(2) Section 322 of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(3) Section 322 of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(4) Section 322 of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). ``(e) Antidumping and Countervailing Duties.--Whenever the International Trade Commission makes a final affirmative determination pursuant to section 705 or section 735 of the Tariff Act of 1930 (19 U.S.C. 1671d or 1673d), the Commission shall immediately notify the Secretary of Labor and, in the case of an agricultural commodity, the Secretary of Agriculture, of that determination.''. SEC. 5. INDUSTRY-WIDE DETERMINATION. Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by adding at the end the following: ``(e) Investigation Regarding Industry-Wide Certification.--If the Secretary receives a request or a resolution under section 221(c) on behalf of workers in a domestic industry or occupation (described in section 221(c)(2)) or receives 3 or more petitions under section 221(a) within a 180-day period on behalf of groups of workers in a domestic industry or occupation, the Secretary shall make an industry-wide determination under subsection (a) of this section with respect to the domestic industry or occupation in which the workers are or were employed. If the Secretary does not make certification under the preceding sentence, the Secretary shall make a determination of eligibility under subsection (a) with respect to each group of workers in that domestic industry or occupation from which a petition was received.''. SEC. 6. COORDINATION WITH OTHER TRADE PROVISIONS. (a) Industry-Wide Certification Based on Global Safeguards.-- (1) Recommendations by itc.-- (A) Section 202(e)(2)(D) of the Trade Act of 1974 (19 U.S.C. 2252(e)(2)(D)) is amended by striking ``, including the provision of trade adjustment assistance under chapter 2''. (B) Section 203(a)(3)(D) of the Trade Act of 1974 (19 U.S.C. 2253(a)(3)(D)) is amended by striking ``, including the provision of trade adjustment assistance under chapter 2''. (2) Assistance for workers.--Section 203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2253(a)(1)(A)) is amended to read as follows: ``(A) After receiving a report under section 202(f) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry-- ``(i) the President shall take all appropriate and feasible action within his power; and ``(ii)(I) the Secretary of Labor shall certify as eligible to apply for adjustment assistance under section 223 workers employed in the domestic industry defined by the Commission if such workers become totally or partially separated, or are threatened to become totally or partially separated, not earlier than 1 year before, or not later than 1 year after, the date on which the Commission made its report to the President under section 202(f); and ``(II) in the case of a finding with respect to an agricultural commodity as defined in section 291, the Secretary of Agriculture shall certify as eligible to apply for adjustment assistance under section 293 agricultural commodity producers employed in the domestic production of the agricultural commodity that is the subject of the finding during the most recent marketing year.''. (b) Industry-Wide Certification Based on Bilateral Safeguard Provisions or Antidumping or Countervailing Duty Orders.-- (1) In general.--Subchapter A of chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by inserting after section 224 the following new section: ``SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHERE BILATERAL SAFEGUARD PROVISIONS INVOKED OR ANTIDUMPING OR COUNTERVAILING DUTIES IMPOSED. ``(a) In General.-- ``(1) Mandatory certification.--Not later than 10 days after the date on which the Secretary of Labor receives a notification with respect to the imposition of a trade remedy, safeguard determination, or antidumping or countervailing duty determination under section 224 (a), (b), (c), (d), or (e), the Secretary shall certify as eligible for trade adjustment assistance under section 223(a) workers employed in the domestic production of the article that is the subject of the trade remedy, safeguard determination, or antidumping or countervailing duty determination, as the case may be, if such workers become totally or partially separated, or are threatened to become totally or partially separated not more than 1 year before or not more than 1 year after the applicable date. ``(2) Applicable date.--In this section, the term `applicable date' means-- ``(A) the date on which the affirmative or positive determination or finding is made in the case of a notification under section 224 (a), (b), or (d); ``(B) the date on which a final determination is made in the case of a notification under section 224(e); or ``(C) the date on which additional duties are assessed in the case of a notification under section 224(c). ``(b) Qualifying Requirements for Workers.--The provisions of subchapter B shall apply in the case of a worker covered by a certification under this section or section 223(e), except as follows: ``(1) Section 231(a)(5)(A)(ii) shall be applied-- ``(A) by substituting `30th week' for `16th week' in subclause (I); and ``(B) by substituting `26th week' for `8th week' in subclause (II). ``(2) The provisions of section 236(a)(1) (A) and (B) shall not apply.''. (2) Agricultural commodity producers.--Chapter 6 of title II of the Trade Act of 1974 (19 U.S.C. 2401 et seq.) is amended by striking section 294 and inserting the following: ``SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR AGRICULTURAL COMMODITY PRODUCERS WHERE SAFEGUARD PROVISIONS INVOKED OR ANTIDUMPING OR COUNTERVAILING DUTIES IMPOSED. ``(a) In General.--Not later than 10 days after the date on which the Secretary of Agriculture receives a notification with respect to the imposition of a trade remedy, safeguard determination, or antidumping or countervailing duty determination under section 224 (b), (c), or (e), the Secretary shall certify as eligible for trade adjustment assistance under section 293(a) agricultural commodity producers employed in the domestic production of the agricultural commodity that is the subject of the trade remedy, safeguard determination, or antidumping or countervailing duty determination, as the case may be, during the most recent marketing year. ``(b) Applicable Date.--In this section, the term `applicable date' means-- ``(1) the date on which the affirmative or positive determination or finding is made in the case of a notification under section 224(b); ``(2) the date on which a final determination is made in the case of a notification under section 224(e); or ``(3) the date on which additional duties are assessed in the case of a notification under section 224(c).''. (c) Technical and Conforming Amendments.-- (1) Training.--Section 236(a)(2)(A) is amended by striking ``$220,000,000, and inserting ``$440,000,000''. (2) Table of contents.--The table of contents for title II of the Trade Act of 1974 is amended-- (A) by striking the item relating to section 224 and inserting the following: ``Sec. 224. Notifications regarding affirmative determinations and safeguards.''; (B) by inserting after the item relating to section 224, the following: ``Sec. 224A. Industry-wide certification based on bilateral safeguard provisions invoked or antidumping or countervailing duties imposed.''; and (C) by striking the item relating to section 294, and inserting the following: ``Sec. 294. Industry-wide certification for agricultural commodity producers where safeguard provisions invoked or antidumping or countervailing duties imposed.''. SEC. 7. REGULATIONS. The Secretary of the Treasury, the Secretaries of Agriculture and Labor, and the International Trade Commission may promulgate such regulations as may be necessary to carry out the amendments made by this Act.

Trade Adjustment Assistance for Industries Act of 2005 - Amends the Trade Act of 1974 to require the Secretary of Labor, upon the request of the President, the U.S. Trade Representative, or of a congressional resolution, to initiate an investigation promptly to determine a petition for eligibility for trade adjustment assistance (TAA) by: (1) a group of workers (which may include workers from more than one facility or employer); or (2) all workers in an occupation. Prescribes duties of the governor of such state in which the workers' firm or subdivision is located, and of the Secretary with respect to the petition and its investigation. Repeals the requirement that the Secretary study a domestic industry whenever the International Trade Commission (ITC) begins investigations with respect to such industry. Requires, before certain actions are taken, notification to appropriate individuals by: (1) the ITC regarding certain investigations, determinations, and bilateral safeguards; (2) the Commissioner of Customs regarding agricultural safeguards; (3) the President regarding textile safeguards; and (4) the ITC regarding antidumping and countervailing duties. Requires the Secretary, upon receiving a request or a resolution on behalf of workers in a domestic industry or occupation, or upon receiving three or more of such TAA petitions within six months on behalf of such workers, to make an industry-wide determination with respect to the domestic industry or occupation in which the workers are or were employed. Requires the Secretary also, if TAA eligibility is not certified under such a determination, to make a determination of TAA eligibility regarding each group of workers in that domestic industry or occupation from which a petition was received. Requires industry-wide certification, as appropriate, including industry-wide certification for agricultural commodity producers, to be based on specified global safeguards, bilateral safeguard provisions, or antidumping or countervailing duty orders. Increases from $220 million to $440 million the total amount of fiscal year payments that may be made for training of adversely affected workers under the Act.

A bill to amend the Trade Act of 1974 to provide for alternative means of certifying workers for adjustment assistance on an industry-wide basis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patriot Employer Tax Credit Act''. SEC. 2. PATRIOT EMPLOYER TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. PATRIOT EMPLOYER TAX CREDIT. ``(a) Determination of Amount.-- ``(1) In general.--For purposes of section 38, the Patriot employer credit determined under this section with respect to any taxpayer who is a Patriot employer for any taxable year shall be equal to 10 percent of the qualified wages paid or incurred by the Patriot employer. ``(2) Limitation.--The amount of qualified wages which may be taken into account under paragraph (1) with respect to any employee for any taxable year shall not exceed $15,000. ``(b) Patriot Employer.-- ``(1) In general.--For purposes of subsection (a), the term `Patriot employer' means, with respect to any taxable year, any taxpayer-- ``(A) which-- ``(i) maintains its headquarters in the United States if the taxpayer (or any predecessor) has ever been headquartered in the United States, and ``(ii) is not (and no predecessor of which is) an expatriated entity (as defined in section 7874(a)(2)) for the taxable year or any preceding taxable year ending after March 4, 2003, ``(B) with respect to which no assessable payment has been imposed under section 4980H with respect to any month occurring during the taxable year, ``(C) provides employees with-- ``(i) paid sick leave, or ``(ii) paid family and medical leave, and ``(D) in the case of-- ``(i) a taxpayer which employs an average of more than 50 employees on business days during the taxable year, which-- ``(I) provides compensation for at least 90 percent of its employees for services provided by such employees during the taxable year at an hourly rate (or equivalent thereof) not less than an amount equal to 218 percent of the Federal poverty level for an individual for the calendar year in which the taxable year begins divided by 1,750, ``(II) meets the retirement plan requirements of subsection (c) with respect to at least 90 percent of its employees providing services during the taxable year who are not highly compensated employees, and ``(III) meets the additional requirements of subparagraphs (A) and (B) of paragraph (2), or ``(ii) any other taxpayer, which meets the requirements of either subclause (I) or (II) of clause (i) for the taxable year. ``(2) Additional requirements for large employers.-- ``(A) United states employment.--The requirements of this subparagraph are met for any taxable year if-- ``(i) in any case in which the taxpayer increases the number of employees performing substantially all of their services for the taxable year outside the United States, the taxpayer either-- ``(I) increases the number of employees performing substantially all of their services inside the United States by an amount not less than the increase in such number for employees outside the United States, or ``(II) has a percentage increase in such employees inside the United States which is not less than the percentage increase in such employees outside the United States, ``(ii) in any case in which the taxpayer decreases the number of employees performing substantially all of their services for the taxable year inside the United States, the taxpayer either-- ``(I) decreases the number of employees performing substantially all of their services outside the United States by an amount not less than the decrease in such number for employees inside the United States, or ``(II) has a percentage decrease in employees outside the United States which is not less than the percentage decrease in such employees inside the United States, and ``(iii) there is not a decrease in the number of employees performing substantially all of their services for the taxable year inside the United States by reason of the taxpayer contracting out such services to persons who are not employees of the taxpayer. ``(B) Treatment of individuals in the uniformed services and the disabled.--The requirements of this subparagraph are met for any taxable year if-- ``(i) the taxpayer provides differential wage payments (as defined in section 3401(h)(2)) to each employee described in section 3401(h)(2)(A) for any period during the taxable year in an amount not less than the difference between the wages which would have been received from the employer during such period and the amount of pay and allowances which the employee receives for service in the uniformed services during such period, and ``(ii) the taxpayer has in place at all times during the taxable year a written policy for the recruitment of employees who have served in the uniformed services or who are disabled. ``(3) Special rules for applying the minimum wage and retirement plan requirements.-- ``(A) Minimum wage.--In determining whether the minimum wage requirements of paragraph (1)(D)(i)(I) are met with respect to 90 percent of a taxpayer's employees for any taxable year-- ``(i) a taxpayer may elect to exclude from such determination apprentices or learners that an employer may exclude under the regulations under section 14(a) of the Fair Labor Standards Act of 1938, and ``(ii) if a taxpayer meets the requirements of paragraph (2)(B)(i) with respect to providing differential wage payments to any employee for any period (without regard to whether such requirements apply to the taxpayer), the hourly rate (or equivalent thereof) for such payments shall be determined on the basis of the wages which would have been paid by the employer during such period if the employee had not been providing service in the uniformed services. ``(B) Retirement plan.--In determining whether the retirement plan requirements of paragraph (1)(D)(i)(II) are met with respect to 90 percent of a taxpayer's employees for any taxable year, a taxpayer may elect to exclude from such determination-- ``(i) employees not meeting the age or service requirements under section 410(a)(1) (or such lower age or service requirements as the employer provides), and ``(ii) employees described in section 410(b)(3). ``(c) Retirement Plan Requirements.-- ``(1) In general.--The requirements of this subsection are met for any taxable year with respect to an employee of the taxpayer who is not a highly compensated employee if the employee is eligible to participate in 1 or more applicable eligible retirement plans maintained by the employer for a plan year ending with or within the taxable year. ``(2) Applicable eligible retirement plan.--For purposes of this subsection, the term `applicable eligible retirement plan' means an eligible retirement plan which, with respect to the plan year described in paragraph (1), is either-- ``(A) a defined contribution plan which-- ``(i) requires the employer to make nonelective contributions of at least 5 percent of the compensation of the employee, or ``(ii) both-- ``(I) includes an eligible automatic contribution arrangement (as defined in section 414(w)(3)) under which the uniform percentage described in section 414(w)(3)(B) is at least 5 percent, and ``(II) requires the employer to make matching contributions of 100 percent of the elective deferrals (as defined in section 414(u)(2)(C)) of the employee to the extent such deferrals do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or ``(B) a defined benefit plan-- ``(i) with respect to which the accrued benefit of the employee derived from employer contributions, when expressed as an annual retirement benefit, is not less than the product of-- ``(I) the lesser of 2 percent multiplied by the employee's years of service (determined under the rules of paragraphs (4), (5), and (6) of section 411(a)) with the employer or 20 percent, multiplied by ``(II) the employee's final average pay, or ``(ii) which is an applicable defined benefit plan (as defined in section 411(a)(13)(B))-- ``(I) which meets the interest credit requirements of section 411(b)(5)(B)(i) with respect to the plan year, and ``(II) under which the employee receives a pay credit for the plan year which is not less than 5 percent of compensation. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by section 402(c)(8)(B), except that in the case of an account or annuity described in clause (i) or (ii) thereof, such term shall only include an account or annuity which is a simplified employee pension (as defined in section 408(k)). ``(B) Final average pay.--For purposes of paragraph (2)(B)(i)(II), final average pay shall be determined using the period of consecutive years (not exceeding 5) during which the employee had the greatest compensation from the taxpayer. ``(C) Alternative plan designs.--The Secretary may prescribe regulations for a taxpayer to meet the requirements of this subsection through a combination of defined contribution plans or defined benefit plans described in paragraph (1) or through a combination of both such types of plans. ``(D) Plans must meet requirements without taking into account social security and similar contributions and benefits.--A rule similar to the rule of section 416(e) shall apply. ``(d) Qualified Wages and Compensation.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means wages (as defined in section 51(c), determined without regard to paragraph (4) thereof) paid or incurred by the Patriot employer during the taxable year to employees-- ``(A) who perform substantially all of their services for such Patriot employer inside the United States, and ``(B) with respect to whom-- ``(i) in the case of a Patriot employer which employs an average of more than 50 employees on business days during the taxable year, the requirements of subclauses (I) and (II) of subsection (b)(1)(D)(i) are met, and ``(ii) in the case of any other Patriot employer, the requirements of either subclause (I) or (II) of subsection (b)(1)(D)(i) are met. ``(2) Special rules for agricultural labor and railway labor.--Rules similar to the rules of section 51(h) shall apply. ``(3) Compensation.--For purposes of subsections (b)(1)(D)(i)(I) and (c), the term `compensation' has the same meaning as qualified wages, except that section 51(c)(2) shall be disregarded in determining the amount of such wages. ``(e) Aggregation Rules.--For purposes of this section-- ``(1) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer. ``(2) Special rules for certain requirements.--For purposes of applying paragraphs (1)(A) and (2)(A) of subsection (b)-- ``(A) the determination under subsections (a) and (b) of section 52 for purposes of paragraph (1) shall be made without regard to section 1563(b)(2)(C) (relating to exclusion of foreign corporations), and ``(B) if any person treated as a single taxpayer under this subsection (after application of subparagraph (A)), or any predecessor of such person, was an expatriated entity (as defined in section 7874(a)(2)) for any taxable year ending after March 4, 2003, then all persons treated as a single taxpayer with such person shall be treated as expatriated entities. ``(f) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(3) Manner of making election.--An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe.''. (b) Allowance as General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following: ``(37) in the case of a Patriot employer (as defined in section 45S(b)) for any taxable year, the Patriot employer credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017.

Patriot Employer Tax Credit Act This bill amends the Internal Revenue Code to allow a Patriot employer a business-related tax credit equal to 10% of up to $15,000 of wages paid to any employee in a taxable year. The bill sets forth criteria for designation as a Patriot employer, including requirements that such employer: (1) maintains its headquarters in the United States and does not expatriate to avoid payment of U.S. income taxes, (2) complies with the employer mandate to provide minimum essential health care coverage to its employees under the Patient Protection and Affordable Care Act, (3) provides employees with paid sick leave or paid family and medical leave, (4) compensates at least 90% of its employees at an hourly rate that is at least 218% of the federal poverty level for an individual for the calendar year divided by 1,750 and provides at least 90% of its employees with a basic level of retirement benefits, (5) provides for differential wage payments to its employees who are members of the Uniformed Services, (6) has a written policy in place for the recruitment of employees who have served in the Uniformed Services or who are disabled, and (7) increases the number of its employees performing substantially all of their services inside the United States to offset the number of employees who work outside the United States.

Patriot Employer Tax Credit Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Programs Amendments of 1996''. SEC. 2. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS SERVICE- CONNECTED. Section 1112(c)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(P) Bronchiolo-alveolar carcinoma.''. SEC. 3. PRESUMPTION OF PERMANENT AND TOTAL DISABILITY FOR VETERANS OVER AGE 65 WHO ARE NURSING HOME PATIENTS. Section 1502(a) of title 38, United States Code, is amended by inserting ``is 65 years of age or older and a patient in a nursing home or, regardless of age,'' after ``such a person''. SEC. 4. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY EXAMINATIONS. (a) Authority.--The Secretary of Veterans Affairs may conduct a pilot program under this section under which examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits may be made by persons other than employees of the Department of Veterans Affairs pursuant to contracts entered into with those persons. (b) Limitation.--The Secretary may carry out the pilot program under this section through not more than 10 regional offices of the Department of Veterans Affairs. (c) Source of Funds.--Payments for contracts under the pilot program under this section shall be made from amounts available to the Secretary of Veterans Affairs for payment of examinations of applicants for benefits. (d) Report to Congress.--Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effect of the use of the authority provided by subsection (a) on the timeliness and thoroughness of medical disability examinations. SEC. 5. INCREASE IN AUTOMOBILE ALLOWANCE. (a) In General.--Section 3902(a) of title 38, United States Code, is amended by striking out ``$5,500'' and inserting in lieu thereof ``$6,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to purchases of automobiles and other conveyances on or after the date of the enactment of this Act. SEC. 6. EFFECTIVE DATE OF DISCONTINUANCE OF CERTAIN VETERANS' BENEFITS BY REASON OF DEATH OF RECIPIENT. (a) In General.--Section 5112(b)(1) of title 38, United States Code, is amended to read as follows: ``(1) by reason of-- ``(A) the marriage or remarriage of the payee, shall be the last day of the month before the month during which such marriage or remarriage occurs; and ``(B) the death of the payee, shall be (i) the last day of the month before the month during which the death occurs, or (ii) in the case of a payee who was in receipt of compensation or pension and who has a surviving spouse, the date on which the death occurs;''. (b) Payment of Benefit for Final Month.--Section 5112 of such title is further amended by adding at the end the following new subsection: ``(d) In the case of discontinuance of payment of compensation or pension covered by subsection (b)(1)(B)(ii), the payment for the final calendar month (or any portion thereof) for which such benefit is payable shall (notwithstanding any other provision of law) be payable to the surviving spouse.''. (c) Commencement Date for DIC.--Section 5110(d) of such title is amended by adding at the end the following new paragraph: ``(3) Notwithstanding paragraph (1), the effective date of an award of dependency and indemnity compensation for which application is received within one year from the date of death shall, in the case of a surviving spouse to whom an amount is payable pursuant to section 5111(d) of this title, be the day following the date on which the death occurred.''. (d) Effective Date.--The amendments made by this section shall apply with respect to the death of compensation and pension recipients occurring after October 1, 1998. SEC. 7. INCREASE IN PERIOD FOR WHICH ACCRUED BENEFITS PAYABLE. Section 5121(a) of title 38, United States Code, is amended by striking out ``one year'' in the matter preceding paragraph (1) and inserting in lieu thereof ``two years''. SEC. 8. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS. (a) Pro Rata Reduction.--Chapter 53 of title 38, United States Code, is amended by inserting after section 5313 the following new section: ``Sec. 5313A. Limitation on payment of clothing allowance to incarcerated veterans ``In the case of a veteran who is incarcerated in a Federal, State, or local penal institution for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of an annual clothing allowance payable to such veteran under section 1162 of this title shall be reduced on a pro rata basis for each day on which the veteran was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall be carried out under regulations prescribed by the Secretary.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5313 the following new item: ``5313A. Limitation on payment of clothing allowance to incarcerated veterans.''. SEC. 9. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS. Section 5(b)(2) of the Act of March 4, 1923 (36 U.S.C. 125(b)(2)), is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) In assuming responsibility for a war memorial under paragraph (1), the Commission may enter into arrangements with the sponsors of the memorial to provide for the repair or long-term maintenance of the memorial. Any funds transferred to the Commission for the purpose of this subparagraph shall, in lieu of subparagraph (A), be deposited by the Commission in the fund established by paragraph (3). ``(3)(A) There is established in the Treasury a fund which shall be available to the Commission for expenses for the maintenance and repair of memorials with respect to which the Commission enters into arrangements under paragraph (2)(B). The fund shall consist of (i) amounts deposited, and interest and proceeds credited, under subparagraph (B), and (ii) obligations obtained under subparagraph (C). ``(B) The Commission shall deposit in the fund such amounts from private contributions as may be accepted under paragraph (2)(B). The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. ``(C) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current expenses. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission, has a maturity suitable for the fund.''.

Veterans Programs Amendments of 1996 - Adds bronchiolo-alveolar carcinoma to the list of diseases that will be considered service-connected (and therefore compensable) when occurring in a radiation-exposed veteran. (Sec. 3) Considers any veteran age 65 or older and a patient in a nursing home as totally and permanently disabled for purposes of eligibility for veterans' disability compensation. (Sec. 4) Authorizes the Secretary of Veterans Affairs to conduct a pilot program under which veterans' medical disability evaluation examinations may be made under contract by persons other than employees of the Department of Veterans Affairs. Requires the Secretary to report to the Congress on the program's effect on the timeliness and thoroughness of such examinations. (Sec. 5) Increases from $5,500 to $6,000 the authorized automobile allowance provided to a disabled veteran when used to purchase an automobile containing adaptive equipment. (Sec. 6) Provides the effective dates for: (1) the discontinuance of veterans' disability compensation, dependency and indemnity compensation, or pension benefits due to the remarriage of the beneficiary or the death of the payee; and (2) the award of DIC for which application is received within one year from the date of death of a veteran. (Sec. 7) Increases from one to two years after the death of a primary beneficiary the authorized period for the payment of certain accrued veterans' benefits. (Sec. 8) Reduces on a prorated basis the annual clothing allowance payable to certain disabled veterans who are incarcerated for a period in excess of 60 days and furnished clothing without charge by the penal institution. (Sec. 9) Authorizes the American Battle Monuments Commission to enter into arrangements for the repair and long-term maintenance of war memorials for which the Commission assumes responsibility. Establishes in the Treasury a fund for such repair and maintenance expenses.

Veterans Programs Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Productivity, Opportunity, and Prosperity Act of 2001''. SEC. 2. CREDIT FOR EXPENSES FOR REMEDIAL EDUCATION FOR EMPLOYEES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. REMEDIAL EDUCATION CREDIT. ``(a) General Rule.--For purposes of section 38, the amount of the remedial education credit determined under this section with respect to any employer for any taxable year is an amount equal to 30 percent of the qualified remedial education expenditures of the taxpayer for such taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified remedial education expenditure.--The term `qualified remedial education expenditure' means any amount paid or incurred by the taxpayer for remedial education provided for any employee of the taxpayer. ``(2) Remedial education.--The term `remedial education' means a written plan of study and training in literacy and numeracy, including the study of English as a second language. ``(c) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(d) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) in the case of an employer, the remedial education credit determined under section 45E(a).''. (c) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(d) Remedial Education Credit.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45E(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45E. Remedial education credit.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in the taxable years beginning after the date of the enactment of this Act. SEC. 3. INVESTMENT TAX CREDIT FOR QUALIFIED INFORMATION TECHNOLOGY PROPERTY. (a) Allowance of Small Business Digital Divide Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to investment credits) 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 after paragraph (3) the following new paragraph: ``(4) the small business digital divide credit.''. (b) Amount of Small Business Digital Divide Credit.-- (1) In general.--Section 48 of the Internal Revenue Code of 1986 (relating to the energy credit and the reforestation credit) is amended by adding at the end the following new subsection: ``(c) Small Business Digital Divide Credit.-- ``(1) In general.--For purposes of section 46, in the case of a small business employer, the small business digital divide credit for any taxable year is 10 percent of the taxpayer's basis in qualified information technology property placed in service during such taxable year. ``(2) Definitions.--For purposes of this subpart-- ``(A) Qualified information technology property.-- The term `qualified information technology property' means computer technology and equipment (as defined in section 170(e)(6)(F)(i)). ``(B) Small business employer.-- ``(i) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 100 or fewer employees on business days during such taxable year. ``(ii) Controlled groups.--For purposes of clause (i), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(3) Termination.--This subsection shall not apply to any property placed in service after December 31, 2002.''. (c) Basis Adjustment To Reflect Investment Credit.--Paragraph (3) of section 50(c) of the Internal Revenue Code of 1986 (relating to basis adjustment to investment credit property) is amended by striking ``energy credit or reforestation credit'' and inserting ``energy credit, reforestation credit, or small business digital divide credit''. (d) Application of At-Risk Rules.--Subparagraph (C) of section 49(a)(1) of the Internal Revenue Code of 1986 (relating to certain nonrecourse financing excluded from credit basis) 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) the basis of qualified information technology property.''. (e) Clerical Amendments.-- (1) Section 48 of the Internal Revenue Code of 1986 is amended by striking the heading and inserting the following: ``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; SMALL BUSINESS DIGITAL DIVIDE CREDIT.''. (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Energy credit; reforestation credit; small business digital divide credit.''. (f) 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. 4. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to 50-percent exclusion for gain from certain small business stock) is amended by striking ``50 percent'' and inserting ``100 percent''. (2) Conforming amendments.-- (A) Subparagraph (A) of section 1(h)(5) of such Code is amended to read as follows: ``(A) collectibles gain, over''. (B) Section 1(h) of such Code is amended by striking paragraph (8). (C) Paragraph (9) of section 1(h) of such Code is amended by striking ``, gain described in paragraph (7)(A)(i), and section 1202 gain'' and inserting ``and gain described in paragraph (7)(A)(i)''. (D) Section 1(h) of such Code is amended by redesignating paragraphs (9) (as amended by subparagraph (C)), (10), (11), (12), and (13) as paragraphs (8), (9), (10), (11), and (12), respectively. (E) The heading for section 1202 of such Code is amended by striking ``partial'' and inserting ``100- percent''. (F) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking ``Partial'' in the item relating to section 1202 and inserting ``100-percent''. (b) Reduction in Holding Period.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to partial exclusion for gains from certain small business stock) is amended by striking ``5 years'' and inserting ``3 years''. (2) Conforming amendment.--Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (c) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to partial exclusion for gains from certain small business stock) is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.''. (d) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (e) Stock of Larger Businesses Eligible for Exclusion.-- (1) In general.--Paragraph (1) of section 1202(d) of the Internal Revenue Code of 1986 (defining qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$300,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code (defining qualified small business) is amended by adding at the end the following: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 2002, the $300,000,000 amount contained in paragraph (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 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (f) Repeal of Per-Issuer Limitation.--Section 1202(b) of the Internal Revenue Code of 1986 (relating to per-issuer limitations on taxpayer's eligible gain) is repealed. (g) Other Modifications.-- (1) Repeal of working capital limitation.--Section 1202(e)(6) of the Internal Revenue Code of 1986 (relating to working capital) is amended-- (A) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following new subparagraph: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.''. (h) Qualified Trade or Business.--Section 1202(e)(3) of the Internal Revenue Code of 1986 (defining qualified trade or business) is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section apply to stock issued after the date of the enactment of this Act. (2) Special rule.--The amendments made by subsections (a), (c), (e), (f), and (g)(1) apply to stock issued after August 10, 1993. SEC. 5. REPEAL OF MINIMUM TAX PREFERENCE FOR EXCLUSION FOR INCENTIVE STOCK OPTIONS. (a) In General.--Subsection (b) of section 56 of the Internal Revenue Code of 1986 (relating to adjustments in computing alternative minimum taxable income) is amended by striking paragraph (3). (b) Effective Date.--The amendment made by this section shall apply to options exercised in calendar years beginning after the date of the enactment of this Act. SEC. 6. 3-YEAR DEPRECIABLE LIFE FOR SEMICONDUCTOR MANUFACTURING EQUIPMENT. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property) 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 semiconductor manufacturing equipment.'' (b) Conforming Amendments.-- (1) Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended-- (A) by striking clause (ii), (B) by redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively, and (C) by striking ``clause (vi)(I)'' in the last sentence and inserting ``clause (v)(I)''. (2) Subparagraph (B) of section 168(g)(3) of such Code is amended by striking the items relating to subparagraph (B)(ii) and subparagraph (B)(iii) and inserting the following: ``(A)(iv).............................. 3 ``(B)(ii).............................. 9.5''. (c) Effective Date.--The amendments made by this section shall apply to equipment placed in service after the date of the enactment of this Act.

Productivity, Opportunity, and Prosperity Act of 2001 - Amends the Internal Revenue Code to: (1) allow a credit to an employer for qualified remedial education expenses provided to an employee; (2) allow a small business digital divide credit; (3) double from 50 percent to 100 percent the exclusion for gain from the sale or exchange of qualified small business stock held more than five years; (4) repeal the minimum tax preference for the exclusion for incentive stock options; and (5) provide for a three-year depreciable life for any semiconductor manufacturing equipment.

A bill to amend the Internal Revenue Code of 1986 to allow small business employers certain credits against income tax, and for other purposes.

SECTION 1. DENIAL OF ELIGIBILITY FOR INTERMENT OR MEMORIALIZATION IN CERTAIN CEMETERIES OF PERSONS COMMITTING FEDERAL CAPITAL CRIMES. (a) Prohibition Against Interment or Memorialization in Certain Federal Cemeteries.--Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2411. Prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of persons committing Federal or State capital crimes ``(a)(1) In the case of a person described in subsection (b), the appropriate Federal official may not-- ``(A) inter the remains of such person in a cemetery in the National Cemetery System or in Arlington National Cemetery; or ``(B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery System (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title). ``(2) The prohibition under paragraph (1) shall not apply unless written notice of a conviction or finding under subsection (b) is received by the appropriate Federal official before such official approves an application for the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal capital crime, or by an appropriate State official, in the case of a State capital crime. ``(b) A person referred to in subsection (a) is any of the following: ``(1) A person who has been convicted of a Federal capital crime for which the person was sentenced to death or life imprisonment. ``(2) A person who has been convicted of a State capital crime for which the person was sentenced to death or life imprisonment without parole. ``(3) A person who-- ``(A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but ``(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. ``(c) A finding under subsection (b)(3) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate Federal official. ``(d) For purposes of this section: ``(1) The term `Federal capital crime' means an offense under Federal law for which the death penalty or life imprisonment may be imposed. ``(2) The term `State capital crime' means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which the death penalty or life imprisonment without parole may be imposed. ``(3) The term `appropriate Federal official' means-- ``(A) the Secretary, in the case of the National Cemetery System; and ``(B) the Secretary of the Army, in the case of Arlington National Cemetery.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of such title is amended by adding at the end the following new item: ``2411. Prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of persons committing Federal or State capital crimes.''. (c) Effective Date.--Section 2411 of title 38, United States Code, as added by subsection (a), shall apply with respect to applications for interment or memorialization made on or after the date of the enactment of this Act. SEC. 2. CONDITION ON GRANTS TO STATE-OWNED VETERAN CEMETERIES. Section 2408 of title 38, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) In addition to the conditions specified in subsections (b) and (c), any grant made on or after the date of the enactment of this subsection to a State under this section to assist such State in establishing, expanding, or improving a veterans' cemetery shall be made on the condition described in paragraph (2). ``(2) For purposes of paragraph (1), the condition described in this paragraph is that, after the date of the receipt of the grant, such State prohibit the interment or memorialization in that cemetery of a person described in section 2411(b) of this title, subject to the receipt of notice described in subsection (a)(2) of such section, except that for purposes of this subsection-- ``(A) such notice shall be furnished to an appropriate official of such State; and ``(B) a finding described in subsection (b)(3) of such section shall be made by an appropriate official of such State.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Prohibits the appropriate Federal official from interring or memorializing in Arlington National Cemetery or in a cemetery of the National Cemetery System any person who: (1) has been convicted of a Federal or State capital crime for which the person was sentenced to death or life imprisonment; or (2) is found to have committed such a crime but who has not been convicted due to unavailability for trial because of death or flight to avoid prosecution. Provides that such prohibition shall not apply unless the appropriate Federal official receives written notice of such a conviction or finding from the Attorney General or appropriate State official before approving the application for interment or memorialization. Conditions a State's receipt of certain Federal grants for establishing, expanding, or improving a veterans' cemetery on a prohibition against the interment or memorialization of such individuals at such cemetery subject to the receipt of such a notice.

An Act to amend title 38, United States Code, to prohibit interment or memorialization in certain cemeteries of persons committing Federal or State capital crimes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``EEOC Transparency and Accountability Act''. SEC. 2. AVAILABILITY OF INFORMATION ABOUT CASES ON THE EEOC WEBSITE. (a) In General.--Beginning not later than 30 days after the date of enactment of this Act, the Equal Employment Opportunity Commission shall maintain the following up-to-date information on its public website: (1) A description of each case brought in court by the Commission, not later than 30 days after a judgment is made with respect to any cause of action in the case, without regard to whether the judgment is final. Such description shall identify-- (A) the court in which the case was brought; (B) the name and case number of the case, the nature of the allegation, the causes of action brought, and the outcome of each cause of action in the case; (C) each instance in which the Commission was ordered to pay fees and costs, including the amount of such fees and costs ordered to be paid and, when applicable, the amount of fees and costs actually paid by the Commission and the reason for the fee or cost award; (D) whether the case was authorized by a majority vote of the Commission or was brought pursuant to the Commission's delegation of authority to the General Counsel of the Commission, including the basis on which the General Counsel determined that submission to the Commission for authorization was not necessary and a justification of that decision; (E) any case in which a sanction was imposed on the Commission, including the amount of such sanction and the reason for the sanction; and (F) any appeal and the outcome of the appeal. (2) The total number of charges of an alleged unlawful employment practice filed during the preceding fiscal year by a member of the Commission, as authorized by the Commissioner charge authority under section 706(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(b)) and section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)), and the total number of resolutions of such charges disaggregated by type of resolution. (3) The total number of charges of an alleged unlawful employment practice filed during the preceding fiscal year as a result of the Commission's use of its directed investigation authority under section 7(a) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(a)) and section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)), and the total number of resolutions of such charges disaggregated by type of resolution. (4) Each case of systemic discrimination (including pattern or practice discrimination) brought in court by the Commission under section 706 or 707 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5, 2000e-6) within the preceding 30 days, the court in which the case was brought, the name and case number of the case, the industry involved, the employment practice or practices at issue, the nature of the alleged discrimination, and the circumstances of the systemic discrimination alleged in the case. (b) Disaggregation.--With respect to the total number of charges of alleged unlawful employment practices provided under paragraphs (2) and (3) of subsection (a), the Commission shall, on its public website, disaggregate each such total number by the number of such charges filed in each Commission District, and within each Commission District, by the number of such charges alleging discrimination on the basis of, or filed under, each of the following: (1) Race. (2) Sex. (3) National Origin. (4) Religion. (5) Color. (6) Retaliation. (7) Age. (8) Disability. (9) Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)). (c) Annual Performance Report.--Beginning fiscal year 2016, the Commission shall include in its annual performance report under section 1116 of title 31, United States Code, the information described in paragraphs (1) through (4) of subsection (a) for the preceding fiscal year, except that such information shall not be disaggregated in accordance with subsection (b). SEC. 3. GOOD FAITH CONFERENCE, CONCILIATION, AND PERSUASION. Section 706(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 5(b)) is amended-- (1) in the sixth sentence-- (A) by striking ``shall endeavor'' and inserting ``shall use good faith efforts to endeavor''; and (B) by inserting ``bona fide'' after ``conference,''; (2) in the seventh sentence-- (A) by inserting ``, good faith'' after ``such informal''; and (B) by striking ``persons concerned'' and inserting ``employer, employment agency, or labor organization, except for the sole purpose of allowing a party to any pending litigation to present to the reviewing court evidence to ensure the Commission's compliance with its obligations under this section prior to filing suit''; and (3) by adding at the end the following: ``No action or suit may be brought by the Commission under this title unless the Commission has in good faith exhausted its conciliation obligations as set forth in this subsection. No action or suit shall be brought by the Commission unless it has certified that conciliation is at impasse. The determination as to whether the Commission engaged in bone fide conciliation efforts shall be subject to judicial review. The Commission's good faith obligation to engage in bona fide conciliation shall include providing the employer, employment agency, or labor organization believed to have engaged in an unlawful employment practice with all information regarding the legal and factual bases for the Commission's determination that reasonable causes exist as well as all information that supports the Commission's requested monetary and other relief (including a detailed description of the specific individuals or employees comprising the class of persons for whom the Commission is seeking relief and any additional information requested that is reasonably related to the underlying cause determination or necessary to conciliate in good faith).''. SEC. 4. REPORTING TO CONGRESS REGARDING CASES IN WHICH THE EEOC IS ORDERED TO PAY FEES AND COSTS OR SANCTIONS. (a) Investigation and Report of Inspector General.--In any case brought by the Equal Employment Opportunity Commission in which a court orders the Commission to pay fees and costs or imposes a sanction on the Commission, the Inspector General of the Commission shall-- (1) notify the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate of the order or sanction within 14 days of the court's decision, including the name of the case, the nature of the court's determination, and the amount of fees and costs ordered or the amount of the sanction imposed by the court; and (2) conduct an investigation to determine why an order for sanction, fees, or costs was imposed by the court, and, not later than 90 days after the court's decision, submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate that includes-- (A) information obtained from interviews and affidavits of each member and staff person of the Commission involved in the case; (B) the amount of resources allocated to the case, including in terms of full-time equivalents; (C) a comparison of the case to other cases in which a court ordered fees and costs or imposed sanctions against the Commission; (D) if the determination to bring the case was not by a vote of the full Commission, the reasons such a vote was not held; and (E) any other relevant information. (b) Report of the Commission.--For any case described in subsection (a), the Commission, in consultation with the General Counsel of the Commission, shall-- (1) not later than 60 days after the court's decision, submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate detailing the steps the Commission is taking to reduce instances in which a court orders the Commission to pay fees and costs or imposes a sanction on the Commission; and (2) not later than 30 days after the report is submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate under paragraph (1), post such report on its public website.

EEOC Transparency and Accountability Act Directs the Equal Employment Opportunity Commission (EEOC) to provide information on its public website regarding each case brought in court by the EEOC after a judgment is made with respect to any cause of action. Requires such information to include: (1) instances in which the EEOC was ordered to pay fees and costs; (2) cases in which a sanction was imposed on the EEOC; (3) the total number of charges of an alleged unlawful employment practice filed under specified provisions of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Fair Labor Standards Act of 1938; and (4) cases of systemic discrimination, including pattern or practice discrimination. Amends the Civil Rights Act of 1964 to prohibit the EEOC from bringing a suit unless it exhausts its obligation to engage in an informal conciliation and certifies that conciliation is at impasse. Makes the determination as to whether the EEOC has engaged in a bona fide conciliation subject to judicial review. Directs the EEOC Inspector General to notify Congress of any sanctions, fees, or costs imposed on the EEOC by a court. Requires the Inspector General to investigate such cases and the EEOC to report to Congress regarding the steps being taken to reduce such instances.

EEOC Transparency and Accountability Act

SECTION 1. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION. Section 801 of the Homeland Security Act of 2002 is amended-- (1) in subsection (a), by striking ``to oversee'' and inserting ``to be headed by a director, which shall oversee''; (2) in subsection (b)-- (A) in paragraph (3), by striking ``and'' after the semicolon; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(5) prepare an annual report, that contains-- ``(A) a description of the State and local priorities in each of the 50 States based on discovered needs of first responder organizations, including law enforcement agencies, fire and rescue agencies, medical providers, emergency service providers, and relief agencies; ``(B) a needs assessment that identifies homeland security functions in which the Federal role is duplicative of the State or local role, and recommendations to decrease or eliminate inefficiencies between the Federal Government and State and local entities; ``(C) recommendations to Congress regarding the creation, expansion, or elimination of any program to assist State and local entities to carry out their respective functions under the Department; and ``(D) proposals to increase the coordination of Department priorities within each State and between the States.''; and (3) by adding at the end the following: ``(c) Homeland Security Liaison Officers.-- ``(1) Designation.--The Secretary shall designate in each State and the District of Columbia not less than 1 employee of the Department to serve as the Homeland Security Liaison Officer in that State or District. ``(2) Duties.--Each Homeland Security Liaison Officer designated under paragraph (1) shall-- ``(A) provide State and local government officials with regular information, research, and technical support to assist local efforts at securing the homeland; ``(B) provide coordination between the Department and State and local first responders, including-- ``(i) law enforcement agencies; ``(ii) fire and rescue agencies; ``(iii) medical providers; ``(iv) emergency service providers; and ``(v) relief agencies; ``(C) notify the Department of the State and local areas requiring additional information, training, resources, and security; ``(D) provide training, information, and education regarding homeland security for State and local entities; ``(E) identify homeland security functions in which the Federal role is duplicative of the State or local role, and recommend ways to decrease or eliminate inefficiencies; ``(F) assist State and local entities in priority setting based on discovered needs of first responder organizations, including law enforcement agencies, fire and rescue agencies, medical providers, emergency service providers, and relief agencies; ``(G) assist the Department to identify and implement State and local homeland security objectives in an efficient and productive manner; ``(H) serve as a liaison to the Department in representing State and local priorities and concerns regarding homeland security; ``(I) consult with State and local government officials, including emergency managers, to coordinate efforts and avoid duplication; and ``(J) coordinate with Homeland Security Liaison Officers in neighboring States to-- ``(i) address shared vulnerabilities; and ``(ii) identify opportunities to achieve efficiencies through interstate activities. ``(d) Federal Interagency Committee on First Responders and State, Local, and Cross-Jurisdictional Issues.-- ``(1) In general.--There is established an Interagency Committee on First Responders and State, Local, and Cross- jurisdictional Issues (in this section referred to as the ``Interagency Committee''), that shall-- ``(A) ensure coordination, with respect to homeland security functions, among the Federal agencies involved with-- ``(i) State, local, and regional governments; ``(ii) State, local, and community-based law enforcement; ``(iii) fire and rescue operations; and ``(iv) medical and emergency relief services; ``(B) identify community-based law enforcement, fire and rescue, and medical and emergency relief services needs; ``(C) recommend new or expanded grant programs to improve community-based law enforcement, fire and rescue, and medical and emergency relief services; ``(D) identify ways to streamline the process through which Federal agencies support community-based law enforcement, fire and rescue, and medical and emergency relief services; and ``(E) assist in priority setting based on discovered needs. ``(2) Membership.--The Interagency Committee shall be composed of-- ``(A) a representative of the Office for State and Local Government Coordination; ``(B) a representative of the Health Resources and Services Administration of the Department of Health and Human Services; ``(C) a representative of the Centers for Disease Control and Prevention of the Department of Health and Human Services; ``(D) a representative of the Federal Emergency Management Agency of the Department; ``(E) a representative of the United States Coast Guard of the Department; ``(F) a representative of the Department of Defense; ``(G) a representative of the Office of Domestic Preparedness of the Department; ``(H) a representative of the Directorate of Immigration Affairs of the Department; ``(I) a representative of the Transportation Security Agency of the Department; ``(J) a representative of the Federal Bureau of Investigation of the Department of Justice; and ``(K) representatives of any other Federal agency identified by the President as having a significant role in the purposes of the Interagency Committee. ``(3) Administration.--The Department shall provide administrative support to the Interagency Committee and the Advisory Council, which shall include-- ``(A) scheduling meetings; ``(B) preparing agenda; ``(C) maintaining minutes and records; ``(D) producing reports; and ``(E) reimbursing Advisory Council members. ``(4) Leadership.--The members of the Interagency Committee shall select annually a chairperson. ``(5) Meetings.--The Interagency Committee shall meet-- ``(A) at the call of the Secretary; or ``(B) not less frequently than once every 3 months. ``(e) Advisory Council for the Interagency Committee.-- ``(1) Establishment.--There is established an Advisory Council for the Interagency Committee (in this section referred to as the ``Advisory Council''). ``(2) Membership.-- ``(A) In general.--The Advisory Council shall be composed of not more than 13 members, selected by the Interagency Committee. ``(B) Duties.--The Advisory Council shall-- ``(i) develop a plan to disseminate information on first response best practices; ``(ii) identify and educate the Secretary on the latest technological advances in the field of first response; ``(iii) identify probable emerging threats to first responders; ``(iv) identify needed improvements to first response techniques and training; ``(v) identify efficient means of communication and coordination between first responders and Federal, State, and local officials; ``(vi) identify areas in which the Department can assist first responders; and ``(vii) evaluate the adequacy and timeliness of resources being made available to local first responders. ``(C) Representation.--The Interagency Committee shall ensure that the membership of the Advisory Council represents-- ``(i) the law enforcement community; ``(ii) fire and rescue organizations; ``(iii) medical and emergency relief services; and ``(iv) both urban and rural communities. ``(3) Chairperson.--The Advisory Council shall select annually a chairperson from among its members. ``(4) Compensation of members.--The members of the Advisory Council shall serve without compensation, but shall be eligible for reimbursement of necessary expenses connected with their service to the Advisory Council. ``(5) Meetings.--The Advisory Council shall meet with the Interagency Committee not less frequently than once every 3 months.''.

Amends the Homeland Security Act of 2002 to: (1) provide for the Office for State and Local Government Coordination to be headed by a director; and (2) require such Office to prepare annual reports on State and local priorities based on first responder needs, a needs assessment that identifies duplicative Federal and State or local homeland security functions, recommendations regarding program creation, expansion, or elimination to assist State and local entities in carrying out functions under the Department of Homeland Security, and proposals to increase the coordination of Department priorities within and between States.Directs the Secretary of Homeland Security to designate at least one employee in each State and the District of Columbia to serve as a Homeland Security Liaison Officer to provide homeland security information, research, technical support, coordination, training, and resources.Establishes: (1) an Interagency Committee on First Responders and State, Local, and Cross-jurisdictional Issues that shall ensure coordination, with respect to homeland security functions, among the Federal agencies involved with State, local and regional governments, State, local, and community-based law enforcement, fire and rescue operations, and medical and emergency relief services; and (2) an Advisory Council for such Committee.

A bill to make changes to the Office for State and Local Government Coordination, Department of Homeland Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Job Protection Act''. SEC. 2. CLARIFICATION OF ACTIONS AGAINST STATES TO ENFORCE VETERANS' REEMPLOYMENT RIGHTS. (a) Action Against a State.--Section 4323 of title 38, United States Code, is amended-- (1) in subsection (a)(1), by striking out ``a State (as an employer) or''; (2) in subsection (a)(2), by inserting ``against a private employer'' after ``commence an action'' in the matter preceding subparagraph (A); (3) in clauses (ii) and (iii) of subsection (c)(1)(A), by inserting ``or the United States, as appropriate,'' after ``person'' both places it appears; (4) by redesignating the second sentence of subsection (b) as paragraph (3) of subsection (a); and (5) by amending subsection (b) to read as follows: ``(b)(1) A person who receives from the Secretary a notification pursuant to section 4322(e) relating to a State (as an employer) may request that the Secretary refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may commence an action for appropriate relief in an appropriate United States district court. The action shall be brought in the name of the United States. In the case that such relief includes an award of compensation under subsection (c)(1), such compensation shall be held in a special deposit account and shall be paid, on order of the Attorney General, directly to the person. Any such moneys not paid to a person because of inability to do so within a period of 3 years shall be covered into the Treasury of the United States as miscellaneous receipts. ``(2) A person may commence an action against a State as an employer for relief with respect to a complaint if that person-- ``(A) has chosen not to apply to the Secretary for assistance under section 4322(a); ``(B) has chosen not to request that the Secretary refer the complaint to the Attorney General under paragraph (1); or ``(C) has been refused representation by the Attorney General with respect to the complaint under such paragraph. ``(3)(A) In the case of an action commenced against a State as an employer under paragraph (2), the action shall be brought in the name of the United States. ``(B) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the United States pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. ``(C)(i) The person bringing the action shall have the right to conduct the action. If the United States so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the expense of the United States). When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the United States to intervene at a later date upon a showing of good cause. ``(ii) If the United States intervenes and thereafter proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action. ``(iii) The United States may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. ``(D) After intervention by the United States, upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. ``(4) If the United States does not intervene under paragraph (3) and the person bringing the action prevails or settles the claim, the person shall receive appropriate relief, including an amount for compensation or liquidated damages under subsection (c)(1). The amount shall be paid out of the proceeds of the action or settlement. The person prevailing in the action or settling the claim shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. ``(5) In the case of an action brought under this subsection, the appropriate district court is the court for any district in which the State exercises any authority or carries out any function. ``(6) The United States is not liable for expenses which a person incurs in bringing an action under this subsection.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to all actions commenced under chapter 43 of title 38, United States Code, that are not final on the date of the enactment of this Act. In the case of any such action, the court shall, upon motion of a party, substitute parties to the action so that such action may proceed in accordance with section 4323 of such title, as amended by subsection (a) of this section.

Veterans' Job Protection Act - Revises provisions relating to authorized employee actions against a State or private employer for the enforcement of certain veterans' reemployment rights. Authorizes a person who receives from the Secretary of Veterans Affairs a notification that efforts to resolve a complaint were unsuccessful to request that the Secretary refer such complaint to the Attorney General (AG) for commencement of an action for relief in the appropriate U.S. district court. Allows a person, in lieu of proceedings through the AG or after being refused representation by the AG, to commence his or her own action against a State employer, requiring such action to be brought in the name of the United States. Outlines procedures with respect to such an action, allowing the United States to intervene and proceed with the action. Provides that the United States shall not be liable for expenses incurred by an individual in bringing such an action.

Veterans' Job Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Justice Accountability and Improvement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Historically, courts in the United States have recognized the undeniable differences between adult and youth offenders. (2) In fact, while writing for the majority in Roper v. Simmons (125 S. Ct. 1183), a recent Supreme Court decision abolishing use of the death penalty for juveniles, Justice Kennedy declared such differences to be ``marked and well understood.'' (3) Notwithstanding such edicts, many youth are being sentenced in a manner that has typically been reserved for adults. These sentences include a term of imprisonment of life without the possibility of parole. (4) The decision to sentence youthful offenders to life without parole is an issue of growing national concern. (5) While only about a dozen youth are serving such sentences in the rest of the world, research indicates that there are at least 2,225 youth offenders serving life without parole in the United States. (6) The estimated rate at which the sentence is imposed on children nationwide remains at least three times higher today than it was fifteen years ago. (7) The majority of youth sentenced to life without parole are first-time offenders. (8) Sixteen percent of these individuals were fifteen or younger when they committed their crimes. (9) Denying such individuals the possibility of a meaningful opportunity for parole is both cruel and unwise. It sends a message to our youth that they are beyond rehabilitation. It also demonstrates a complete lack of confidence in the ability of our penal institutions to accomplish one of their main goals and responsibilities. SEC. 3. ESTABLISHING A MEANINGFUL OPPORTUNITY FOR PAROLE FOR CHILD OFFENDERS. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (d)(1), each State shall have in effect laws and policies under which each child offender who is under a life sentence receives, not less than once during the first 15 years of incarceration, and not less than once every 3 years of incarceration thereafter, a meaningful opportunity for parole. Not later than one year after the date of the enactment of this Act, the Attorney General shall issue guidelines and regulations to interpret and implement this section. This provision shall in no way be construed to limit the access of child offenders to other programs and appeals which they were rightly due prior to the passage of this Act. (b) Definition.--In this section, the term ``child offender who is under a life sentence'' means an individual who-- (1) is convicted of an offense committed before the individual attained the age of 18; and (2) is sentenced to a term of natural life, or the functional equivalent in years, for that offense. (c) Applicability.--This section applies to an individual who is sentenced on or after the date of the enactment of this Act as well as to an individual who had already been sentenced as of the date of the enactment of this Act. (d) Compliance and Consequences.-- (1) Compliance date.--Each State shall have not more than 3 years from the date of enactment of this Act to be in compliance with this section, except that the Attorney General may grant a 2-year extension to a State that is making a good faith effort to comply with this section. (2) Consequence of noncompliance.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to be in compliance with this section shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to that State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (3) Reallocation.--Amounts not allocated under a program referred to in paragraph (2) to a State for failure to be in compliance with this section shall be reallocated under that program to States that have not failed to be in compliance with this section. SEC. 4. ESTABLISHING A PARALLEL SYSTEM FOR CHILD OFFENDERS SERVING LIFE SENTENCES AT THE FEDERAL LEVEL. In addition to any other method of early release that may apply, the Attorney General shall establish and implement a system of early release for each child offender who is under a life sentence (as defined in section 3) in a Federal facility. The system shall conform as nearly as practicable to the laws and policies required of a State under section 3. SEC. 5. GRANT PROGRAM TO IMPROVE LEGAL REPRESENTATION OF CHILDREN FACING LIFE IN PRISON. (a) In General.--The Attorney General shall award grants to States for the purpose of improving the quality of legal representation provided to child defendants charged with an offense which could potentially subject them to the sentence of life in prison. (b) Defined Term.--In this section, the term ``legal representation'' means legal counsel and investigative, expert, and other services necessary for competent representation. (c) Use of Funds.--Grants awarded under subsection (a) shall be used to establish, implement, or improve a system for providing competent legal representation to-- (1) individuals charged with committing, before the individual attained the age of 18, an offense subject to life imprisonment; and (2) individuals convicted of, and sentenced to life for, committing such an offense who seek appellate or collateral relief, including review in the Supreme Court of the United States. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.

Juvenile Justice Accountability and Improvement Act of 2007 - Requires states to enact laws and adopt policies to grant child offenders who are under a life sentence a meaningful opportunity for parole at least once during their first 15 years of incarceration and at least once every three years thereafter. Defines "child offender who is under a life sentence" as an individual who is convicted of a criminal offense before attaining the age of 18 and sentenced to a term of natural life or its functional equivalent in years. Requires the Attorney General to: (1) establish and implement a system of early release for each child offender who is under a life sentence in a federal prison; and (2) award grants to states to improve legal representation and other services for child defendants charged with an offense carrying a possible sentence of life in prison.

To establish a meaningful opportunity for parole for each child offender sentenced to life in prison, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Operations Warrior Foundation Charter Act''. SEC. 2. CHARTER FOR SPECIAL OPERATIONS WARRIOR FOUNDATION. Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 2305 the following new chapter: ``CHAPTER 2306--SPECIAL OPERATIONS WARRIOR FOUNDATION ``Sec. 230601. Definitions ``For the purposes of this chapter-- ``(1) the term `Special Operations personnel' means all military personnel from all services assigned to the United States Special Operations Command of the Department of Defense or its successor commands or organizations. ``(2) the term `State' includes the District of Columbia and the territories and possessions of the United States. ``Sec. 230602. Organization ``(a) Federal Charter.--The Special Operations Warrior Foundation (in this chapter, the `corporation'), a nonprofit corporation incorporated in the District of Columbia, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires. ``Sec. 230603. Purposes ``The purposes of the corporation are as provided in its bylaws and articles of incorporation and include the provision of scholarship grants and family, financial, and educational counseling to the families of Special Operations personnel who have given their lives in patriotic service to their country. ``Sec. 230604. Governing body ``(a) Board of Directors.--The board of directors is the governing body of the corporation. The composition of the board -and its powers, duties, and responsibilities are as provided in the corporation's bylaws and articles of incorporation. ``(b) Officers.--The officers and the election of officers of the corporation are as provided in its bylaws and articles of incorporation. ``Sec. 230605. Powers ``The corporation may-- ``(1) adopt and amend bylaws for the management of its property and the regulation of its affairs; ``(2) adopt and alter the corporate seal; ``(3) choose officers, managers, and agents as the activities of the corporation require; ``(4) solicit, accept, and use to carry out the purposes of the corporation any appropriations, grants, funds, contributions in cash or in-kind, or property from the government of the United States, State and local governments, charitable or educational organizations, foundations, public and private corporations, and individuals; ``(5) make contracts; ``(6) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation; ``(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; ``(8) sue and be sued; and ``(9) do any other act necessary and proper to carry out the purposes of the corporation. ``Sec. 230606. Support by the Departments of Defense and Veterans Affairs ``(a) In General.--The Department of Defense, the Department of Veterans Affairs, and any other Federal departments or agencies as may be necessary and appropriate, may provide such assistance to the corporation as is required to accomplish the purposes of the corporation. ``(b) Information.--The Departments of Defense and Veterans Affairs shall provide such information to the corporation as shall enable the corporation to provide timely benefits to the surviving families of any Special Operations personnel killed in the line of duty. The information shall include all the data recorded on any casualty report on the decedent and the names, addresses, and telephone numbers of the decedent's surviving children and the names, addresses, and telephone numbers of the parent or legal guardians of the decedent's surviving children. ``(c) Logistics.--The Department of Defense may provide logistical support to the corporation. ``Sec. 230607. Exclusive right to name, seals, emblems, and badges ``The corporation shall have the exclusive right to use the name `Special Operations Warrior Foundation' and any seals, emblems, and badges the corporation adopts. ``Sec. 230608. Restrictions ``(a) Stocks and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Political Activities.--The corporation, or a director or officer of the corporation, as such, may not contribute to, support, or participate in any political activity. ``(c) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director or officer during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or director or reimbursement for actual and necessary expenses incurred by an officer or director in amounts approved by the board of directors. ``(d) Loans.--The corporation may not make a loan to any director, officer, or employee. ``Sec. 230609. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the District of Columbia. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 2306010. Records ``The corporation shall keep correct and complete records of account and minutes of the proceedings of its board of directors and committees having any of the authority of its board of directors. ``Sec. 2306011. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 2306012. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title.''. SEC. 3. CLERICAL AMENDMENT. The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 2305 the following new item: ``2306. Special Operations Warrior Foundation............... 230601''.

Special Operations Warrior Foundation Charter Act - Grants a Federal charter to the Special Operations Warrior Foundation, Inc. (a nonprofit corporation organized under the laws of the District of Columbia).

To amend title 36, United States Code, to grant a Federal charter to the Special Operations Warrior Foundation, Inc.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Facilities Financing Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Child care facility.--The term ``child care facility'' means a structure used for the care and development of eligible children. (2) Child care services.--The term ``child care services'' means child care and early childhood education. (3) Community development financial institution.--The term ``community development financial institution'' has the meaning given such term in section 103(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5)). (4) Eligible child.--The term ``eligible child'' has the meaning given such term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n). (5) Eligible child care provider.--The term ``eligible child care provider'' means-- (A) an eligible child care provider as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n); or (B) a Head Start center under the Head Start Act (42 U.S.C. 9831 et seq.). (6) Eligible entity.--The term ``eligible entity'' means-- (A) a community development financial institution certified by the Department of the Treasury; or (B) an organization that-- (i) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (ii) is exempt from taxation under section 501(a) of such Code; and (iii) has demonstrated experience in-- (I) providing technical or financial assistance for the acquisition, construction, renovation, or improvement of child care facilities; (II) providing technical, financial, or managerial assistance to eligible child care providers; and (III) securing private sources of capital financing for child care or other low-income community development. (7) Eligible recipient.--The term ``eligible recipient'' means-- (A) an eligible child care provider that provides child care services to an eligible child; (B) an organization seeking to provide child care services to an eligible child; or (C) an organization providing or seeking to provide child care services to low-income children as determined by the Secretary. (8) Equipment.--The term ``equipment'' includes-- (A) machinery, utilities, and built-in equipment, and any necessary structure to house the machinery, utilities, and equipment; and (B) any other items necessary for the functioning of a child care facility, including furniture, books, and program materials. (9) Metropolitan area.--The term ``metropolitan area'' has the meaning given such term in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). (10) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. TECHNICAL AND FINANCIAL ASSISTANCE GRANTS. (a) Grant Authority.--The Secretary may make grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsection (d) in accordance with this section. (b) Requirement.--In making grants under subsection (a), the Secretary shall take into account the experience and success of eligible entities in attracting private financing and carrying out the types of activities for which grants under subsection (a) are made. (c) Priority.--In making grants under subsection (a), the Secretary shall give priority to an eligible entity-- (1) that has demonstrated experience-- (A) providing technical or financial assistance for the acquisition, construction, renovation, or improvement of child care facilities; (B) providing technical, financial, or managerial assistance to eligible child care providers; and (C) securing private sources of capital financing for child care or other low-income community development; and (2) whose application proposes to assist eligible recipients that serve-- (A) low-income areas, including-- (i) a community that-- (I) is in a metropolitan area; and (II) has a median household income that is not more than 80 percent of the median household income of the metropolitan area; or (ii) a community that-- (I) is not in a metropolitan area; and (II) has a median income that is not more than 80 percent of the median household income of the State in which the community is located; or (B) individuals, including eligible children, from families with incomes at or below 200 percent of the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (d) Authorized Activities.-- (1) Capital fund.--Each eligible entity that receives a grant under subsection (a) shall deposit the grant amount into a child care capital fund established by the eligible entity. (2) Payments from funds.--Each eligible entity shall provide technical or financial assistance (in the form of loans, grants, investments, guarantees, interest subsidies, and other appropriate forms of assistance) to eligible recipients from the child care capital fund the eligible entity establishes to pay for-- (A) the acquisition, construction, renovation, or improvement of child care facilities; (B) equipment for child care facilities; or (C) the provision of technical assistance to eligible child care providers to help the eligible child care providers undertake facilities improvement and expansion projects. (3) Loan repayments and investment proceeds.--An eligible entity that receives a loan repayment or investment proceeds from an eligible recipient shall deposit such repayment or proceeds into the child care capital fund of the eligible entity for use in accordance with this section. (e) Applications.-- (1) Eligible entities.--To be eligible to receive a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (2) Eligible recipients.--To obtain assistance from an eligible entity under this section, an eligible recipient shall prepare and submit an application to the eligible entity at such time, in such form, and containing such information as the eligible entity may require. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this section $50,000,000 for each of the fiscal years 2010 through 2014.

Child Care Facilities Financing Act of 2009 - Authorizes the Secretary of Health and Human Services to award competitive grants to eligible entities to deposit into child care capital funds for technical and financial assistance to eligible child care providers to pay the costs of acquisition, construction, renovation, or improvement of child care facilities or equipment, or for technical assistance to such providers to help them undertake facilities improvement and expansion.

A bill to provide for the acquisition, construction, renovation, and improvement of child care facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Plug-in Hybrid Opportunity Act of 2007''. SEC. 2. CREDIT FOR CONVERSION OF HYBRID MOTOR VEHICLES TO PLUG-IN HYBRID MOTOR VEHICLES. (a) In General.--Subsection (a) of section 30B of the Internal Revenue Code of 1986 (relating to the alternative motor vehicle credit) is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by adding at the end the following new paragraph: ``(5) the plug-in battery module conversion credit determined under subsection (f).''. (b) Plug-in Battery Module Conversion Credit.--Section 30B of such Code is amended by redesignating subsections (f) through (j) as subsections (g) through (k), respectively, and by inserting after subsection (e) the following new subsection: ``(f) Plug-in Battery Module Conversion Credit.-- ``(1) In general.--For purposes of subsection (a), the plug-in battery module conversion credit determined under this subsection with respect to any qualified plug-in battery module placed in service by the taxpayer during the taxable year is 35 percent of the cost of such module (including reasonable labor costs for installation). ``(2) Limitation.--The amount of the credit allowed under this subsection shall not exceed $4,000 with respect to any qualified plug-in battery module. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Qualified plug-in battery module.--The term `qualified plug-in battery module' means any plug-in battery module-- ``(i) the original use of which commences with the taxpayer, ``(ii) which is acquired for use or lease by the taxpayer and not for resale, and ``(iii) which is installed in a new qualified hybrid motor vehicle (as defined in subsection (d), determined without regard to subparagraph (A)(v) thereof) of the taxpayer, but only if such vehicle was not equipped with a plug-in battery module at any time prior to such installation. ``(B) Plug-in battery module.--The term `plug-in battery module' means, with respect to any new qualified hybrid motor vehicle, an electro-chemical storage device of a standardized, mass-produced design of a battery manufacturer, which-- ``(i) has a traction battery capacity of not less than 2.5 kilowatt hours, ``(ii) can be energized and recharged by plugging into an external 120 volt source of electric power, ``(iii) has been tested, as installed in a new qualified hybrid motor vehicle of the same make and model year, by the National Highway Transportation Safety Administration, and determined by such Administration to be in compliance with motor vehicle and motor vehicle equipment safety standards applicable to that make and model year vehicle when installed in such motor vehicle by a mechanic with standardized training in protocols established by the battery manufacturer as part of a nationwide distribution program, ``(iv) has been tested, as installed in a new qualified hybrid motor vehicle of the same make and model year, by a testing laboratory approved the Environmental Protection Agency, and such testing confirmed no effect on compliance with the emission standards applicable to such vehicle, and ``(v) is certified by a battery manufacturer as meeting the requirements of clauses (i) through (iv).''. (c) No Recapture for Vehicles Converted to Qualified Conversion Hybrid Vehicles.--Paragraph (8) of section 30B(i) of such Code, as redesignated by this section, is amended by adding at the end the following: ``For purposes of the preceding sentence, a new qualified hybrid motor vehicle shall not be treated as ceasing to be eligible for the credit allowable under subsection (a) solely by reason of the installation of a qualified plug-in battery module described in subsection (f).''. (d) Termination.--Subsection (k) of section 30A of such Code, as redesignated by this section, is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by adding at the end the following new paragraph: ``(5) in the case of a qualified plug-in battery module (as described in subsection (f)), December 31, 2010.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Plug-in Hybrid Opportunity Act of 2007 - Amends the Internal Revenue Code to allow a tax credit for 35% of the cost of a qualified plug-in battery module (or $4,000, whichever is less) used to convert a hybrid motor vehicle to a plug-in hybrid motor vehicle. Terminates such tax credit after 2010.

To amend the Internal Revenue Code of 1986 to provide a credit for the conversion of hybrid motor vehicles to plug-in hybrid motor vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Small Business Compete Act of 2010''. TITLE I--SMALL BUSINESS GOALS SEC. 101. SMALL BUSINESS GOAL. Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended by striking ``23 percent'' and inserting ``25 percent''. SEC. 102. AGENCY GOAL NEGOTIATION. (a) Negotiation.--Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended by striking ``The President shall annually establish Government-wide goals for procurement contracts'' and inserting ``The President shall before the close of each fiscal year establish new Government-wide procurement goals for the following fiscal year for procurement contracts.''. (b) Minimum Level.--Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended by striking ``Notwithstanding the Government-wide goal, each agency shall have an annual goal'' and inserting ``Each agency shall have an annual goal, not lower than the Government-wide goal,''. SEC. 103. PROCEDURES AND METHODS FOR GOAL ACHIEVEMENT. (a) Goal Responsibility.--Section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) is amended by adding the following after the first sentence: ``The goals established by the head of each agency shall be apportioned within the agency to a contracting office or offices (as that term is defined in section 2.101 of title 48, Code of Federal Regulations on January 1, 2009) that reports to a career appointee in the Senior Executive Service.''. (b) Senior Executive Service.-- (1) Purposes.--Section 3131 of title 5, United States Code, is amended by adding at the end the following: ``(15) ensure that the Government achieves the small business procurement goals set forth in section 15 of the Small Business Act (15 U.S.C. 644).''. (2) Training.--Section 3396(a) of title 5, United States Code, is amended by adding at the end the following: ``The training provided to senior executives shall include federal procurement policy, including the procurement provisions of the Small Business Act.''. (3) Limitation on sabbaticals.--Section 3396(c)(2) of title 5, United States Code-- (A) by striking the ``and'' at the end semi-colon at the end of subparagraph (B)(iii); (B) by striking the period at the end of subparagraph (C), and adding ``; or''; and (C) by adding at the end the following: ``(D) who oversees a contracting office that did not meet its small business procurement goals established annually in accordance with the procedures of section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)).''. (4) Limitation on incentive awards.--An employee in the Senior Executive Service shall not be eligible for any incentive award specified in subchapter I, chapter 45 of title 5, United States Code, if the contracting office which reports to that member of the Senior Executive Service fails to meet the procurement goals established annually in accordance with the procedures of section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)). Any member of the Senior Executive Service, whether career or non-career, to whom that member of the Senior Executive Service reports also shall not be eligible for any incentive award specified in subchapter I, chapter 45 of title 5, United States Code. SEC. 104. REPORTING REQUIREMENTS. Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended by adding the following: ``(4) By November 1 of each year, the head of each Federal agency shall submit to Congress a report specifying the percentage of contracts awarded by that agency for the immediate preceding fiscal year that were awarded to small business concerns. If the percentage is less than the goal established by the head of the agency pursuant to this section, the head of the agency shall, in the report, explain why the agency did not reach the goal and what will be done to ensure that the goal for the following fiscal year will be achieved.''. TITLE II--CONTRACT BUNDLING SEC. 201. DEFINITIONS OF BUNDLING OF CONTRACT REQUIREMENTS. Section 3(o) of the Small Business Act (15 U.S.C. 632(o)) is amended to read as follows: ``(o) Definitions of Bundling of Contract Requirements and Related Terms.--For purposes of this Act: ``(1) Bundled contract.-- ``(A) In general.--The term `bundled contract' means a contract or order that is entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made. ``(B) Exceptions.--The term does not include-- ``(i) a contract or order with an aggregate dollar value below the dollar threshold specified in paragraph (4); or ``(ii) a contract or order that is entered into to meet procurement requirements, all of which are exempted requirements under paragraph (5). ``(2) Bundling of contract requirements.-- ``(A) In general.--The term `bundling of contract requirements' means the use of any bundling methodology to satisfy 2 or more procurement requirements for new or existing goods or services, including any construction services, that is likely to be unsuitable for award to a small business concern due to-- ``(i) the diversity, size or specialized nature of the elements of the performance specified; ``(ii) the aggregate dollar value of the anticipated award; ``(iii) the geographical dispersion of the contract or order performance; or ``(iv) any combination of the factors described in clauses (i), (ii), or (iii). ``(B) Exceptions.--The term does not include-- ``(i) the use of a bundling methodology for an anticipated award with an aggregate dollar value below the threshold specified in paragraph (4); or ``(ii) the use of a bundling methodology to meet procurement requirements, all of which are exempted under paragraph (5). ``(3) Bundling methodology.--The term `bundling methodology' means-- ``(A) a solicitation to obtain offers for a single contract or order, or a multiple award contract or order; ``(B) a solicitation of offers for the issuance of a task or a delivery order under an existing single or multiple award contract or order; or ``(C) the creation of any new procurement requirements that permits a consolidation of contract or order requirements. ``(4) Dollar threshold.--The term `dollar threshold' means-- ``(A) $65,000,000 if solely for construction services; and ``(B) $1,500,000 in all other cases. ``(5) Exempted requirements.--The term `exempted requirement' means one or more of the following: ``(A) A procurement requirement solely for items that are not commercial items (as the term `commercial item' is defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)) but this subparagraph shall not apply to any procurement requirement for a contract for goods or services provided by a business classified in sector 23 of the North American Industrial Classification System. ``(B) A procurement requirement with respect to which a determination that it is unsuitable for award to a small business concern previously been made by the agency. However, the Administrator shall have authority to review and reverse such a determination for purposes of this paragraph and, if the Administrator does reverse that determination, the term `exempted requirement' shall not apply to that procurement requirement. ``(6) Procurement requirement.--The term `procurement requirement' means a determination by an agency that a specified good or service is needed to satisfy the mission of the agency.''. SEC. 202. JUSTIFICATION. (a) Statement of Bundled Contract Requirements.--Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is amended-- (1) by striking ``is in quantity or estimated dollar value the magnitude of which renders small business prime contract participation unlikely'' and inserting ``would now be combined with other requirements for goods and services''; (2) by striking ``(2) why delivery schedules'' and inserting ``(2) the names, addresses and size of the incumbent contract holders, if applicable; (3) a description of the industries that might be interested in bidding on the contract requirements; (4) the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is combined or packaged, including any small business bidders that had bid on previous procurement requirements that are included in the bundling of contract requirements; (5) why delivery schedules''; (3) by striking ``(3) why the proposed acquisition'' and inserting ``(6) why the proposed acquisition''; (4) by striking ``(4) why construction'' and inserting ``(7) why construction''; (5) by striking ``(5) why the agency'' and inserting ``(8) why the agency''; (6) by striking ``justified'' and inserting ``justified. The statement also shall set forth the proposed procurement strategy required by subsection (e) and, if applicable, the specifications required by subsection (e)(3). Concurrently, the statement shall be made available to the public, including through dissemination in the Federal contracting opportunities database.''; and (7) by inserting after ``prime contracting opportunities.'' the following: ``If no notification of the procurement and accompanying statement is received, but the Administrator determines that there is cause to believe the contract combines requirements or a contract (single or multiple award) or task or delivery order for construction services or includes unjustified bundling, then the Administrator can demand that such a statement of work goods or services be completed by the procurement activity and sent to the Procurement Center Representative and the solicitation process postponed for at least 10 days but no more than 30 days to allow the Administrator to review the statement and make recommendations as described in this section before procurement is continued.''. (b) Substantial Measurable Benefits.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) is amended by adding at the end of subparagraph (2)(C), the following: ``Cost savings shall not include any reduction in the in the use of military interdepartmental purchase requests or any similar transfer funds among federal agencies for the use of a contract issued by another federal agency.''. SEC. 203. APPEALS. Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is amended-- (1) by striking ``If a proposed procurement includes in its statement'' and inserting ``If a proposed procurement would adversely affect one or more small business concerns, including, but not limited to, the potential loss of an existing contract, or if a proposed procurement includes in its statement''; and (2) by inserting before ``Whenever the Administrator and the contracting procurement agency fail to agree,'' the following: ``If a small business concern would be adversely affected, directly or indirectly, by the procurement as proposed, and that small business concern or a trade association of which that small business concern is a member so requests, the Administrator may, take action to further the interests of the small business.''. SEC. 204. THIRD-PARTY REVIEW. Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C. 607(d)) is amended-- (1) by striking ``(d) The Armed Services Board'' and inserting ``(d)(1) The Armed Services Board''; and (2) by inserting at the end the following: ``(2) Contract Bundling.-- ``(A) In general.--Whenever the head of a contracting agency makes a decision in accordance with section 15(a) of the Small Business Act concerning the Administrator of the Small Business Administration's challenge to a bundling of contract requirements, the Administrator, within ten days after such decision may file a challenge with the appropriate agency board of contract appeals. ``(B) Procedure.--The board shall provide the Administrator and the head of the contracting agency the opportunity to provide their views on the disputed contract. No oral testimony or oral argument shall be permitted. The board shall render its decision within thirty days after the appeal has been filed. The decision of the board shall be final.''. TITLE III-- SMALL BUSINESS SUBCONTRACTING SEC. 301. GOOD FAITH COMPLIANCE WITH SUBCONTRACTING PLANS. Section 8(d)(10) of the Small Business Act (15 U.S.C. 637(d)(10)) is amended by-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C), and inserting ``; and''; and (3) by adding at the end the following: ``(D) Not later than 180 days after enactment of this Act, the Administrator shall, after the opportunity for notice and comment, promulgate regulations governing the Administrator's review of subcontracting plans including the standards for determining good faith compliance with the subcontracting plans.''. SEC. 302. LIMITATIONS ON SUBCONTRACTING. (a) Regulations for Contract Administration.--Section 15(o) of the Small Business Act (15 U.S.C. 644(o)) is amended by adding at the end the following: ``(4) Not later than 180 days after enactment of this Act, the Administrator shall, after the opportunity for notice and comment, promulgate regulations that specify the responsibilities that each agency and the Administration personnel will have in enforcing the restrictions set forth in paragraph (1). Such regulations also shall specify reporting and recordkeeping requirements for contracts covered by paragraph (1).''. (b) Contractor Penalties.--Section 16 of the Small Business Act (15 U.S.C. 645) is amended by adding at the end the following: ``(g) A small business that violates the requirements of section 15(o)(1) of the Small Business Act shall be subject to the penalties set forth in subsection (d).''. SEC. 303. CRIMINAL VIOLATIONS. Section 1001(a) of title 18, United States Code, is amended-- (1) in paragraph (2) by striking the ``or'' at the end; (2) in paragraph (3) by adding ``or'' at the end; (3) inserting after paragraph (3) the following: ``(4) makes in writing or electronically a false statement concerning status as a small business concern or compliance with the requirements of the Small Business Act in an effort to obtain, retain, or complete a federal government contract;''; and (4) by adding at the end the following: ``For violation of paragraph (4) of this subsection, notwithstanding section 3571(e), the fine under this title shall be the total value of the contract or $1,000,000 whichever is greater.''.

Helping Small Business Compete Act of 2010 - Amends the Small Business Act to increase from 23% to 25% the government-wide small business procurement contract goal. Requires the President, before the close of each fiscal year, to establish new goals. Requires each federal agency to have an anuual goal at least equal to the federal goal. Sets forth provisions concerning methods for goal achievement, including requiring procurement training for senior executives and a limitation on incentive awards for failure to meet goals. Redefines the term: (1) "bundled contract" to mean a contract or order entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made; and (2) "bundling of contract requirements" to mean any bundling methodology to satisfy two or more procurement requirements for new or existing goods or services, including any construction services, that is likely to be unsuitable for award to a small business due to the specialized nature of performance, the dollar value of the award, or the geographical dispersion of the contract or order performance. Makes the revised definitions inapplicable for contracts under $65 million for construction services and, for all other types of contracts, under $5 million. Requires notification to Small Business Administration (SBA) procurement center representatives of identifying information on incumbent contract holders, a description of the industries potentially interested in bidding on the contract requirements, and the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is bundled. Allows the SBA Administrator, if there is cause to believe a contract combines requirements or a contract or task or delivery order for construction services or includes unjustified bundling, to request a statement of work for goods and services, and to request that the solicitation process be postponed at least 10 days (but not more than 30) to allow the Administrator to review the statement and make recommendations. Allows a small business adversely affected by a proposed procurement that includes contract bundling to take specified actions. Allows the SBA, whenever the head of a contracting agency makes a decision concerning the Administrator's challenge to a bundling of contract requirements, to file a challenge with the appropriate agency board of contract appeals. Requires the Administrator to promulgate regulations concerning good faith compliance with small business subcontracting plans and requirements. Provides criminal penalties for violators making false statements in an effort to obtain a federal contract.

To ensure that small businesses have their fair share of Federal procurement opportunities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Children from Theft Act of 2017''. SEC. 2. PROTECTIONS FOR CREDIT REPORTS OF MINORS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following new section: ``SEC. 605C. ADDITIONAL PROTECTIONS FOR CREDIT REPORTS OF MINOR CONSUMERS. ``(a) In General.--A consumer reporting agency described in section 603(p) shall, upon request by a covered guardian of a minor consumer, create a blocked file for the minor consumer or convert a file of the minor consumer already in existence to a blocked file. ``(b) Requirements.--The Bureau, by rule, shall establish procedures-- ``(1) for a consumer reporting agency described in section 603(p) to properly identify the covered guardian and the minor consumer prior to creating, converting, or unblocking a blocked file for such minor consumer; ``(2) for such a consumer reporting agency to create a blocked file for a minor consumer or to convert a file of a minor consumer already in existence to a blocked file; and ``(3) consistent with subsection (c), for a covered guardian to unblock a file. ``(c) Unblocking a File.-- ``(1) In general.--A consumer reporting agency described in section 603(p) shall unblock a blocked file upon request by a covered guardian or on the date of the 18th birthday of the minor consumer. ``(2) Alert statement.--An alert statement shall be included in a file unblocked pursuant to paragraph (1) if the minor consumer was a victim of fraud or identity theft before the date of the 18th birthday of the minor consumer as follows: ``(A) For a file unblocked upon request by a covered guardian, for a period of time beginning on the date such file is unblocked and ending on the date that is 1 year after the date of the 18th birthday of the minor consumer. ``(B) For a file unblocked on the date of the 18th birthday of the minor consumer, for a period of 1 year after such date. ``(3) Duty of reseller.--With respect to information concerning a consumer whose file contains an alert statement, a reseller shall include such alert statement when furnishing such information. ``(d) Fees.-- ``(1) In general.--The Bureau shall determine if a fee may be charged, and the amount of the fee charged, by a consumer reporting agency described in section 603(p) to create, convert, or unblock a file. ``(2) Fees prohibited.--A consumer reporting agency described in section 603(p) may not charge a fee to a minor consumer who was a victim of fraud or identity theft prior to the date of the minor's 18th birthday, to create, convert, or unblock a file. ``(e) Exceptions.--No provision of this section shall be construed as requiring a consumer reporting agency described in section 603(p) to prevent a Federal, State, or local law enforcement agency from accessing a blocked file. ``(f) Definitions.--In this section the following definitions shall apply: ``(1) Alert statement.--The term `alert statement' means a statement that-- ``(A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft; and ``(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report. ``(2) Blocked file.--The term `blocked file' means a file of a minor consumer in which, pursuant to this section, a consumer reporting agency-- ``(A) maintains a file with the name, social security number, date of birth, and, if applicable, any credit information of the minor consumer; ``(B) may not provide any person with a consumer report of the minor consumer; and ``(C) blocks the input of any information into the file, except with permission from a covered guardian of the minor consumer. ``(3) Covered guardian.--The term `covered guardian' means-- ``(A) the legal guardian of a minor child; ``(B) the custodian of a minor child; or ``(C) in the case of a child in foster care, the State agency or Indian tribe or tribal organization responsible for the child's foster care. ``(4) Minor consumer.--The term `minor consumer' means a consumer who has not attained 18 years of age.''. (b) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after the item related to section 605B the following new item: ``605C. Additional protections for credit reports of minor consumers.''.

Protect Children from Theft Act of 2017 This bill amends the Fair Credit Reporting Act to require a consumer reporting agency, upon request by the legal guardian or custodian of a minor consumer, to either create a blocked credit report for the minor or convert the minor's existing report to blocked status. With respect to a minor's blocked report, a consumer reporting agency: (1) must block the input of any information, except with permission from the minor's legal guardian or custodian; and (2) may not provide any person with a consumer report of the minor. A consumer reporting agency shall: (1) upon request by a minor's legal guardian or custodian, or on the minor's 18th birthday, unblock the minor's blocked report; and (2) if a minor consumer was a victim of fraud or identity theft before the minor's 18th birthday, include an alert statement in the minor's unblocked report. With respect to a minor consumer who was a victim of fraud or identity theft prior to the minor's 18th birthday, a consumer reporting agency may not charge a fee to create, convert, or unblock the minor's report. The Consumer Financial Protection Bureau must establish specified procedures related to the bill's implementation.

Protect Children from Theft Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Home Patient and Medicaid Assistance Act of 2010''. SEC. 2. NURSING FACILITY SUPPLEMENTAL PAYMENT PROGRAM. (a) Total Amount Available for Payments.-- (1) In general.--Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') to carry out this section $6,000,000,000, of which the following amounts shall be available for obligation in the following years: (A) $1,500,000,000 shall be available beginning in 2011. (B) $1,500,000,000 shall be available beginning in 2012. (C) $1,500,000,000 shall be available beginning in 2013. (D) $1,500,000,000 shall be available beginning in 2014. (2) Availability.--Funds appropriated under paragraph (1) shall remain available until all eligible dually-certified facilities (as defined in subsection (b)(3)) have been reimbursed for underpayments under this section during cost reporting periods ending during calendar years 2011 through 2014. (3) Limitation of authority.--The Secretary may not make payments under this section that exceed the funds appropriated under paragraph (1). (4) Disposition of remaining funds into mif.--Any funds appropriated under paragraph (1) which remain available after the application of paragraph (2) shall be deposited into the Medicaid Improvement Fund under section 1941 of the Social Security Act. (b) Use of Funds.-- (1) Authority to make payments.--From the amounts available for obligation in a year under subsection (a), the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall pay the amount determined under paragraph (2) directly to an eligible dually-certified facility for the purpose of providing funding to reimburse such facility for furnishing quality care to Medicaid-eligible individuals. (2) Determination of payment amounts.-- (A) In general.--Subject to subparagraphs (B) and (C), the payment amount determined under this paragraph for a year for an eligible dually-certified facility shall be an amount determined by the Secretary as reported on the facility's latest available Medicare cost report. (B) Limitation on payment amount.--In no case shall the payment amount for an eligible dually-certified facility for a year under subparagraph (A) be more than the payment deficit described in paragraph (3)(D) for such facility as reported on the facility's latest available Medicare cost report. (C) Pro-rata reduction.--If the amount available for obligation under subsection (a) for a year (as reduced by allowable administrative costs under this section) is insufficient to ensure that each eligible dually-certified facility receives the amount of payment calculated under subparagraph (A), the Secretary shall reduce that amount of payment with respect to each such facility in a pro-rata manner to ensure that the entire amount available for such payments for the year be paid. (D) No required match.--The Secretary may not require that a State provide matching funds for any payment made under this subsection. (3) Eligible dually-certified facility defined.--For purposes of this section, the term ``eligible dually-certified facility'' means, for a cost reporting period ending during a year (beginning no earlier than 2011) that is covered by the latest available Medicare cost report, a nursing facility that meets all of the following requirements: (A) The facility is participating as a nursing facility under title XIX of the Social Security Act and as a skilled nursing facility under title XVIII of such Act during the entire year. (B) The base Medicaid payment rate (excluding any supplemental payments) to the facility is not less than the base Medicaid payment rate (excluding any supplemental payments) to such facility as of the date of the enactment of this Act. (C) As reported on the facility's latest Medicare cost report-- (i) the Medicaid share of patient days for such facility is not less than 60 percent of the combined Medicare and Medicaid share of resident days for such facility; and (ii) the combined Medicare and Medicaid share of resident days for such facility, as reported on the facility's latest available Medicare cost report, is not less than 75 percent of the total resident days for such facility. (D) The facility has received Medicaid reimbursement (including any supplemental payments) for the provision of covered services to Medicaid eligible individuals, as reported on the facility's latest available Medicare cost report, that is significantly less (as determined by the Secretary) than the allowable costs (as determined by the Secretary) incurred by the facility in providing such services. (E) The facility is not in the highest quartile of costs per day, as determined by the Secretary and as adjusted for case mix, wages, and type of facility. (F) The facility provides quality care, as determined by the Secretary, to-- (i) Medicaid eligible individuals; and (ii) individuals who are entitled to items and services under part A of title XVIII of the Social Security Act. (G) In the most recent standard survey available, the facility was not cited for any immediate jeopardy deficiencies as defined by the Secretary. (H) In the most recent standard survey available, the facility maintains an appropriate staffing level to attain or maintain the highest practicable well-being of each resident as defined by the Secretary. (I) The facility complies with all the requirements, as determined by the Secretary, contained in sections 6101 through 6106 of the Patient Protection and Affordable Care Act (Public Law 111-148) and the amendments made by such sections. (J) The facility was not listed as a Centers for Medicare & Medicaid Services Special Focus Facility (SFF) nor as a SFF on a State-based list. (4) Frequency of payment.--Payment of an amount under this subsection to an eligible dually-certified facility shall be made for a year in a lump sum or in such periodic payments in such frequency as the Secretary determines appropriate. (5) Direct payments.--Such payment-- (A) shall be made directly by the Secretary to an eligible dually-certified facility or a contractor designated by such facility; and (B) shall not be made through a State. (c) Administration.-- (1) Annual applications; deadlines.--The Secretary shall establish a process, including deadlines, under which facilities may apply on an annual basis to qualify as eligible dually-certified facilities for payment under subsection (b). (2) Contracting authority.--The Secretary may enter into one or more contracts with entities for the purpose of implementation of this section. (3) Limitation.--The Secretary may not spend more than 0.75 percent of the amount made available under subsection (a) in any year on the costs of administering the program of payments under this section for the year. (4) Implementation.--Notwithstanding any other provision of law, the Secretary may implement, by program instruction or otherwise, the provisions of this section. (5) Limitations on review.--There shall be no administrative or judicial review of-- (A) the determination of the eligibility of a facility for payments under subsection (b); or (B) the determination of the amount of any payment made to a facility under such subsection. (d) Annual Reports.--The Secretary shall submit an annual report to the committees with jurisdiction in the Congress on payments made under subsection (b). Each such report shall include information on-- (1) the facilities receiving such payments; (2) the amount of such payments to such facilities; and (3) the basis for selecting such facilities and the amount of such payments. (e) Definitions.--For purposes of this section: (1) Dually-certified facility.--The term ``dually-certified facility'' means a facility that is participating as a nursing facility under title XIX of the Social Security Act and as a skilled nursing facility under title XVIII of such Act. (2) Medicaid eligible individual.--The term ``Medicaid eligible individual'' means an individual who is eligible for medical assistance, with respect to nursing facility services (as defined in section 1905(f) of the Social Security Act), under title XIX of the such Act. (3) State.--The term ``State'' means the 50 States and the District of Columbia. SEC. 3. ASSURING ADEQUATE MEDICAID PAYMENT LEVELS FOR SERVICES. (a) In General.--Title XIX of the Social Security Act is amended by inserting after section 1925 the following new section: ``assuring adequate payment levels for services ``Sec. 1926. (a) In General.--A State plan under this title shall not be considered to meet the requirement of section 1902(a)(30)(A) for a year (beginning with 2011) unless, by not later than April 1 before the beginning of such year, the State submits to the Secretary an amendment to the plan that specifies the payment rates to be used for such services under the plan in such year and includes in such submission such additional data as will assist the Secretary in evaluating the State's compliance with such requirement, including data relating to how rates established for payments to medicaid managed care organizations under sections 1903(m) and 1932 take into account such payment rates. ``(b) Secretarial Review.--The Secretary, by not later than 90 days after the date of submission of a plan amendment under subsection (a), shall-- ``(1) review each such amendment for compliance with the requirement of section 1902(a)(30)(A); and ``(2) approve or disapprove each such amendment. If the Secretary disapproves such an amendment, the State shall immediately submit a revised amendment that meets such requirement.''. (b) Report on Medicaid Payments.--Section 1902 of such Act (42 U.S.C. 1396), as amended by sections 2001(e) and 2303(a)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) and section 1202(a) of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), is amended by adding at the end the following new subsection: ``(kk) Report on Medicaid Payments.--Each year, on or before a date determined by the Secretary, a State participating in the Medicaid program under this title shall submit to the Administrator of the Centers for Medicare & Medicaid Services-- ``(1) information on the determination of rates of payment to providers for covered services under the State plan, including-- ``(A) the final rates; ``(B) the methodologies used to determine such rates; and ``(C) justifications for the rates; and ``(2) an explanation of the process used by the State to allow providers, beneficiaries and their representatives, and other concerned State residents a reasonable opportunity to review and comment on such rates, methodologies, and justifications before the State made such rates final.''.

Nursing Home Patient and Medicaid Assistance Act of 2010 - Makes appropriations to the Secretary of Health and Human Services (HHS), who, acting through the Administrator of the Centers for Medicare & Medicare Services, shall pay an amount directly to an eligible dually-certified facility to reimburse it for furnishing quality care to Medicaid-eligible individuals. Defines "dually-certified facility" as one meeting several requirements, including participation as a nursing facility under title XIX (Medicaid) of the Social Security Act (SSA) and as a skilled nursing facility under SSA title XVIII (Medicare) during the entire year. Amends title XIX (Medicaid) of the Social Security Act to prohibit a state Medicaid plan from being considered to meet the requirement for methods and procedures relating to the utilization of care and services unless, by April 1 before the beginning of any plan year (beginning with 2011), the state submits to the Secretary a plan amendment specifying the payment rates for such services, including data on how rates for payments to Medicaid managed care organizations take such payment rates into account. Requires the Secretary to review each such plan amendment and approve or disapprove it. Requires a state participating in the Medicaid program to submit to the Administrator of the Centers for Medicare and Medicaid Services: (1) information on the determination of payment rates for service providers; and (2) an explanation of the process used to allow providers, beneficiaries and their representatives, and other concerned state residents a reasonable opportunity to review and comment on such rates, methodologies, and justifications before the state made such rates final.

To provide supplemental payments to nursing facilities serving Medicare and Medicaid patients and to amend title XIX of the Social Security Act to assure adequate Medicaid payment levels for services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuild Infrastructure and Support Entrepreneurs Act of 2002''. SEC. 2. APPLICATION OF SMALL BUSINESS PROCUREMENT GOALS TO RECIPIENTS OF NEW YORK RECOVERY FUNDS. (a) Small Business Utilization Plan Required To Receive New York Recovery Funds.--No Federal department or agency may provide any New York recovery funds to any entity unless-- (1) such entity has submitted a plan to the Administrator of the Small Business Administration, which-- (A) is in such form and submitted in such manner as the Administrator may require; and (B) includes a detailed description of how such entity plans to meet the requirements described in subsection (b); (2) the plan of such entity has been approved by the Administrator of the Small Business Administration; (3) the entity agrees to give a 10 percent price evaluation adjustment in favor of small business concerns located in the New York City metropolitan area in the competition for any New York recovery contract; and (4) the entity agrees to be bound by the requirement of subsection (c). (b) Minimum Small Business Procurement Requirements.--An entity meets the requirements of this subsection if such entity awards not less than-- (1) 23 percent of the total value of all New York recovery contracts awarded by such entity to small business concerns located in the New York City metropolitan area (including those described in paragraphs (2) and (3)); (2) 5 percent of the total value of all New York recovery contracts awarded by such entity to small business concerns owned and controlled by women and located in the New York City metropolitan area; and (3) 5 percent of the total value of all New York recovery contracts awarded by such entity to small business concerns owned and controlled by socially and economically disadvantaged individuals and located in the New York City metropolitan area. (c) Recapture of Funds if Minimum Requirements Not Met.-- (1) In general.--If any recipient of New York recovery funds fails to meet the requirements described in subsection (b), such recipient shall pay to the Administrator of the Small Business Administration an amount equal to the greater of-- (A) the amount (if any) by which-- (i) 23 percent of the total value of all New York recovery contracts awarded by such recipient, exceeds (ii) the total value of all such contracts awarded by such recipient to small business concerns located in the New York City metropolitan area (including those described in paragraphs (2) and (3) of subsection (b)); or (B) the amount (if any) by which-- (i) 10 percent of the total value of all New York recovery contracts awarded by such recipient, exceeds (ii) the sum of-- (I) the total value of all such contracts awarded by such recipient to small business concerns owned and controlled by women and located in the New York City metropolitan area, and (II) the total value of all such contracts awarded by such recipient to small business concerns owned and controlled by socially and economically disadvantaged individuals and located in the New York City metropolitan area. (2) Assistance to small business concerns in new york.--The Administrator of the Small Business Administration shall use any amounts collected under paragraph (1) to provide grants, loans, and other assistance to small business concerns located in the New York City metropolitan area. (d) Additional Funds for Meeting Small Business Procurement Goals.-- (1) In general.--Any Federal department or agency which provides New York recovery funds to any entity may provide additional New York recovery funds to such entity if-- (A) such entity meets the requirements described in paragraph (2) with respect to the New York recovery funds to which the additional New York recovery funds would be in addition; and (B) such entity meets the requirements of subsection (a) with respect to such additional New York recovery funds. (2) Small business procurement goals.--An entity meets the requirements of this paragraph if such entity meets the requirements of subsection (b) determined by substituting ``25 percent'' for ``23 percent'' in paragraph (1) thereof. (3) Limitations.-- (A) Maximum amount.--The amount of any additional New York recovery funds provided under this subsection shall not exceed 2 percent of the amount of the New York recovery funds to which the additional New York recovery funds is in addition. (B) No additions to additions.--No additional New York recovery funds provided under this subsection shall be treated as New York recovery funds for purposes of paragraph (1). (e) Definitions.--For purposes of this section: (1) New york recovery funds.--The term ``New York recovery funds'' means any grant or other provision of funds by a Federal department or agency (except procurements by such department or agency) to a non-Federal entity for the purpose of improving or reconstructing the area in New York damaged by the terrorist attacks perpetrated against the United States on September 11, 2001. (2) New york recovery contract.--The term ``New York recovery contract'' means, with respect to any New York recovery funds, any prime contract for goods or services if-- (A) such contract is awarded for the purpose of improving or reconstructing the area in New York damaged by the terrorist attacks perpetrated against the United States on September 11, 2001, by the entity which received such funds; and (B) any portion of such contract is funded by such funds. (3) New york city metropolitan area.--The term ``New York City metropolitan area'' means Bronx, Delaware, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester counties in the State of New York. (4) Non-federal entity.--The term ``non-Federal entity'' means any person, municipality, State or political subdivision thereof, or other entity, except such term does not include any Federal department or agency. (5) Small business concern.--The term ``small business concern'' has the meaning given such term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (6) Small business concern owned and controlled by socially and economically disadvantaged individuals.--The term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)). (7) Small business concern owned and controlled by women.-- The term ``small business concern owned and controlled by women'' has the meaning given such term in section 3(n) of the Small Business Act (15 U.S.C. 632(n)).

Rebuild Infrastructure and Support Entrepreneurs Act of 2002 - Prohibits a Federal agency from providing any New York recovery funds to an entity unless: (1) the entity has submitted a fund use plan to the Administrator of the Small Business Administration that has been approved; (2) the entity agrees to give a ten percent price evaluation adjustment in the competition for any New York recovery contract for small businesses located in the New York City metropolitan area; and (3) the entity agrees to meet specified small business procurement requirements in its contract awards. Includes within such small business procurement requirements the award of: (1) 23 percent of such contracts to New York City small businesses; (2) five percent to New York City small businesses owned and controlled by women; and (3) five percent to New York City small businesses owned by socially and economically disadvantaged individuals. Requires funds recapture if such minimum requirements are not met.Requires the Administrator to use New York recovery funds to provide grants, loans, and other assistance to small businesses in New York City and allows any other Federal agency to provide additional New York recovery funds to an entity that follows the minimum small business procurement requirements specified above (substituting 25 for 23 percent in the first requirement).

To foster economic development through the involvement of small businesses located in the New York City metropolitan area in procurements related to the improvement and reconstruction of the area in New York damaged by the terrorist attacks perpetrated against the United States on September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guarding Our Great Lakes Act''. SEC. 2. AQUATIC INVASIVE SPECIES CONTROL ZONE AT BRANDON ROAD LOCK AND DAM, JOLIET ILLINOIS. (a) In General.--The Secretary of the Army, acting through the Chief of Engineers, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Director of the United States Geological Survey, the Administrator of the Environmental Protection Agency, and each other applicable Federal agency shall take actions to prevent the transfer of aquatic invasive species, with a focus on Asian carp species, through the Brandon Road Lock and Dam. (b) Construction.-- (1) Required measures.--The Chief of Engineers shall construct measures to improve the Brandon Road Lock and Dam to prevent the upstream transfer of swimming aquatic invasive species through the lock and dam, including-- (A) an engineered channel in the approach from the Mississippi River direction, as outlined in the report issued pursuant to section 1538 of Public Law 112-141; (B) adding additional structures necessary for aquatic invasive species control; and (C) the construction and operation of electric dispersal barriers. (2) Cost estimate and schedule.--Not later than 6 months after the date of enactment of this Act, the Chief of Engineers shall submit to Congress a cost estimate for, and schedule for completion of, measures to be constructed under this subsection. (c) Other Measures.--The Director of the United States Fish and Wildlife Service, in consultation with the Director of the United States Geological Survey, the Chief of Engineers, the Commandant of the United States Coast Guard, the Administrator of the Environmental Protection Agency, and the heads of other relevant agencies, shall implement all appropriate measures in compliance with applicable State and Federal law around the Brandon Road Lock and Dam on the Illinois River to prevent the upstream and downstream transfer of swimming and floating aquatic invasive species, with a focus on Asian carp species, including-- (1) implementing existing Asian carp monitoring and control strategies at the Brandon Road location, as applicable; (2) using the Brandon Road location to the greatest extent possible to test new aquatic invasive species control technologies; (3) implementing all control strategies identified through this testing necessary to fulfill the objectives of this section; and (4) developing best management practices to mitigate aquatic invasive species transfer by boat and barge operators on the Illinois River and Chicago Sanitary and Shipping Canal and working with operators to implement them. (d) Administration.-- (1) Acquisition of real estate.--The Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey may acquire any real estate necessary to carry out this section. (2) Cooperation.--In carrying out this section, the Chief of Engineers, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geological Survey shall coordinate with each other and-- (A) the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (B) the Metropolitan Water Reclamation District of Greater Chicago; (C) the Asian Carp Regional Coordinating Committee; (D) the Great Lakes Commission; (E) the Great Lakes Fishery Commission; (F) the Great Lakes and St. Lawrence Cities Initiative; and (G) any other applicable State, local, or international government entity. SEC. 3. ACTIONS RELATED TO PERMANENT PREVENTION OF AQUATIC INVASIVE SPECIES TRANSFER BETWEEN THE GREAT LAKES AND MISSISSIPPI RIVER BASINS. (a) Construction.--The Administrator of the Environmental Protection Agency, acting through the Great Lakes Interagency Task Force, shall coordinate with the Governor of Illinois, the City of Chicago, and the Metropolitan Water Reclamation District of Greater Chicago to carry out engineering and construction of flood mitigation and water quality measures on the Chicago Area Waterway System related to permanent prevention of the transfer of aquatic nuisance species between the Great Lakes and Mississippi River basins. (b) Requirements.--In carrying out subsection (a), the Administrator shall-- (1) coordinate with Chicago and the Metropolitan Water Reclamation District of Greater Chicago to combine infrastructure to the greatest extent practicable with the Tunnel and Reservoir Plan of the Metropolitan Water Reclamation District of Greater Chicago; (2) ensure flood mitigation in the vicinity of the Chicago Area Waterway System is not degraded; (3) ensure water quality is protected in the Great Lakes and Chicago Waterway System, consistent with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) provide for continued commercial and recreational watercraft traffic on the Chicago Area Waterway System to the greatest practical extent, which may include new infrastructure to minimize the impact of physical barriers necessary for aquatic invasive species control; and (5) prioritize efforts to prevent the transfer of the highest risk aquatic invasive species, including Asian carp. (c) Administration.-- (1) Consultation.--In carrying out this section, the Administrator shall consult with the Asian Carp Regional Coordinating Committee. (2) Assistance from corps.--The Chief of Engineers shall provide to the Administrator all documentation relating to the report issued pursuant to section 1538 of Public Law 112-141 and technical and other assistance, as requested by the Administrator. (3) Delegation.--In carrying out this section, the Administrator may delegate parts of the project to any of the non-Federal entities referred to in this Act. (4) Identification of partners.--In carrying out this section, the Administrator shall work to identify non-Federal cost-share partners when applicable. (5) Federal share.--The Federal share of the cost of a project carried out under this section may be up to 100 percent. (d) Report.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the progress made, and a plan for further actions to be taken, under this section.

Guarding Our Great Lakes Act - Requires the Chief of Engineers, the Director of the U.S. Fish and Wildlife Service (USFWS), the Director of the U.S. Geological Survey (USGS), the Administrator of the Environmental Protection Agency (EPA), and each other applicable federal agency to take actions to prevent the transfer of aquatic invasive species, with a focus on Asian carp species, through the Brandon Road Lock and Dam on the Illinois River. Directs the Chief to: (1) construct measures to prevent the upstream transfer of swimming aquatic invasive species through the Lock and Dam; and (2) submit a cost estimate for, and schedule for completion of, measures to be constructed. Requires the Director of the USFWS to implement all appropriate measures in compliance with applicable state and federal law around the Lock and Dam to prevent the upstream and downstream transfer of swimming and floating aquatic invasive species, with a focus on Asian carp species. Authorizes the Chief, the Director of the USFWS, and the Director of the USGS to acquire real estate to carry out this Act. Directs the EPA Administrator, acting through the Great Lakes Interagency Task Force, to coordinate with the governor of Illinois, the city of Chicago, and the Metropolitan Water Reclamation District of Greater Chicago to carry out engineering and construction of flood mitigation and water quality measures on the Chicago Area Waterway System related to permanent prevention of the transfer of aquatic nuisance species between the Great Lakes and Mississippi River basins. Permits the federal share of the cost of a project to be up to 100%.

Guarding Our Great Lakes Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Rate Disclosure Act of 2012''. SEC. 2. PUBLIC INTERNET AVAILABILITY OF MEDICARE PAYMENT RATES FOR FREQUENTLY REIMBURSED PROCEDURES AND SERVICES. Title XVIII of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1899B. PUBLIC INTERNET AVAILABILITY OF MEDICARE PAYMENT RATES FOR FREQUENTLY REIMBURSED PROCEDURES AND SERVICES. ``(a) In General.-- ``(1) Initial posting.--During the initial period beginning on a date not later than 120 days after the date of the enactment of this section and ending on the date that is 240 days after such starting date, the Secretary shall make publicly available on the official Medicare Internet site the following: ``(A) Payment rates for hospital inpatient procedures.--For each procedure selected under subsection (b)(1)(A)(i) and for each Metropolitan Statistical Area or other payment area used for purposes of section 1886(d), the average rate of payment under such section for the procedure, determined without regard to the application of any deduction or coinsurance amount or any adjustment under subparagraph (B), (D), (F), or (G) of paragraph (5) of such section. ``(B) Payment rates for hospital outpatient procedures.--For each procedure selected under subsection (b)(1)(A)(ii) and for each county or other payment area used for purposes of section 1833(t), the average rate of payment under such section for the procedure, determined without regard to the application of any deductible or coinsurance. ``(C) Physician payment rates for physicians' services.--For each physicians' service selected under subsection (b)(1)(A)(iii) and for each fee schedule area under section 1848, the average payment amount determined under the fee schedule under such section for the service, determined without regard to the application of any deductible or coinsurance. ``(D) Period for which payment rates are applicable.--A description of the period for which each payment rate or amount under subparagraph (A), (B), or (C) is applicable. ``(E) Services included in procedures.--A description of the items and services included in each procedure selected under clauses (i) and (ii) of subsection (b)(1)(A). ``(F) Notice.--A statement that the average payment rates and average payment amounts described in subparagraphs (A) through (C) are only applicable to the Medicare program under this title and may not be available for an individual who is not purchasing such a procedure or service under such program. ``(2) Posting of expanded selection.--During the period beginning on the date that is one day after the last day of the initial period described in paragraph (1), the Secretary shall make publicly available on the official Medicare Internet site the following: ``(A) Payment rates for hospital inpatient procedures.--For each procedure selected under subsection (b)(1)(B)(i) and for each Metropolitan Statistical Area or other payment area used for purposes of section 1886(d), the average rate of payment described in paragraph (1)(A) for the procedure. ``(B) Payment rates for hospital outpatient procedures.--For each procedure selected under subsection (b)(1)(B)(ii) and for each county or other payment area used for purposes of section 1833(t), the average rate of payment described in paragraph (1)(B) for the procedure. ``(C) Physician payment rates for physicians' services.--For each physicians' service selected under subsection (b)(1)(B)(iii) and for each fee schedule area under section 1848, the average payment amount described in paragraph (1)(C) for the physicians' service. ``(D) Period for which payment rates are applicable.--A description of the period for which each payment rate or amount under subparagraph (A), (B), or (C) is applicable. ``(E) Services included in procedures.--A description of the items and services included in each procedure selected under clauses (i) and (ii) of subsection (b)(1)(B). ``(F) Notice.--A statement that the average payment rates and average payment amounts described in subparagraphs (A) through (C) are only applicable to the Medicare program under this title and may not be available for an individual who is not purchasing such a procedure or service under such program. ``(b) Selection of Procedures and Services.-- ``(1) In general.-- ``(A) Initial selection.--For purposes of subsection (a)(1) and based on the most recent national data available, the Secretary shall select the following: ``(i) At least the 30 hospital inpatient procedures for which payment is most frequently provided under section 1886(d). ``(ii) At least the 30 hospital outpatient procedures for which payment is most frequently provided under section 1833(t). ``(iii) At least the 30 physicians' services (as defined in section 1861(q)) for which payment is most frequently provided under section 1848. ``(B) Expanded selection.--For purposes of subsection (a)(2) and based on the most recent national data available, the Secretary shall select the following: ``(i) At least the 100 hospital inpatient procedures for which payment is most frequently provided under section 1886(d). ``(ii) At least the 100 hospital outpatient procedures for which payment is most frequently provided under section 1833(t). ``(iii) At least the 100 physicians' services (as defined in section 1861(q)) for which payment is most frequently provided under section 1848. ``(2) Updating expanded selection.--The Secretary shall periodically update the procedures and services selected under paragraph (1)(B). ``(3) Further expansion of selection.--The Secretary shall expand the number of procedures and services selected under paragraph (1)(B) to include as many procedures and services as may be useful for an individual not entitled to benefits under part A or enrolled under part B in the purchase of such procedures and services. ``(c) Authority To Post Additional Information.--The Secretary may make publicly available on the official Medicare website such information on the payment rate or payment amount under this title for a procedure, item, or service not selected under subsection (b) as may be useful for an individual not entitled to benefits under part A or enrolled under part B in the purchase of the procedure, item, or service. To the extent practicable, such information shall be provided for each payment area involved. ``(d) Administrative Provisions.-- ``(1) Use of most recent national data.--The information described in paragraph (1) of subsection (b) and subsection (c) shall be based on the most recent national data available. ``(2) Accessibility by zip code.--Such information for an applicable payment area shall be accessible by any zip code included in such area.''.

Medicare Payment Rate Disclosure Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to make publicly available on the official Medicare Internet site during a specified initial period: (1) Medicare payment rates for frequently reimbursed hospital inpatient and outpatient procedures and services, as well as for physicians' services; and (2) the period for which payment rates are applicable. Requires posting also after the initial period of an expanded selection of such items. Directs the Secretary to select at least 30 procedures and services for the basic posting and at least 100 procedures and services for the expanded posting.

To amend title XVIII of the Social Security Act to make publicly available on the official Medicare Internet site medicare payment rates for frequently reimbursed hospital inpatient procedures, hospital outpatient procedures, and physicians' services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep It in the Ground Act of 2016''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--Congress finds that-- (1) from 1880 through 2014, global temperatures have increased by about 0.9 degrees Celsius; (2) the vast majority of global warming that has occurred over the past 50 years was due to human activities, primarily the burning of fossil fuels; (3) emissions of greenhouse gases and atmospheric concentrations of greenhouse gases continue to rise, which results in a continued warming trend; (4) global warming already has a significant impact on the economy, including the farming, fishing, forestry, and recreation industries; (5) the significant impacts of global warming that are already occurring will be amplified by a global temperature increase of 2 degrees Celsius, which will lead to increased droughts, rising seas, mass extinctions, heat waves, desertification, wildfires, acidifying oceans, significant economic disruption, and security threats; (6) to avoid exceeding 2 degrees Celsius warming, at least 80 percent of carbon from proven fossil fuel reserves must be kept in the ground; (7) the potential emissions resulting from extracting and burning all fossil fuels on Federal land and waters amounts to a significant percentage of the greenhouse gas emissions limit; and (8) ending new leases for fossil fuels will prevent the release of 90 percent of the potential emissions from Federal fossil fuels. (b) Statement of Policy.--It is the policy of the United States that-- (1) Federal land and waters should be managed for the benefit of the people of the United States-- (A) to avoid the most dangerous impacts of climate change; and (B) to promote a rapid transition to a clean energy economy by keeping fossil fuels in the ground; and (2) the Federal Government should pursue management of Federal land and waters for the benefit of the people of the United States by not issuing any new lease or renewing any nonproducing lease for coal, oil, or natural gas in any Federal land or waters. SEC. 3. DEFINITIONS. In this Act: (1) Extend.--The term ``extend'' means the act of extending a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) beyond the existing term of the lease. (2) Nonproducing lease.--The term ``nonproducing lease'' means any lease under which no coal, oil, gas, oil shale, tar sands, or other fossil fuel approved in the lease contract has been extracted for commercial use. (3) Reinstate.--The term ``reinstate'' means the act of reinstating a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) after a violation of any term of the lease that resulted in suspension or cancellation of the lease. (4) Renew.--The term ``renew'' means the act of renewing a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) for a term that is not longer than the maximum renewal term for a lease under that Act. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. STOPPING NEW OFFSHORE OIL AND GAS LEASES IN THE GULF OF MEXICO AND THE PACIFIC, ATLANTIC, AND ARCTIC OCEANS. (a) Prohibition on New Oil and Gas Leasing on the Outer Continental Shelf.--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 on New Oil and Gas Leasing on the Outer Continental Shelf.-- ``(1) Definitions.--In this subsection: ``(A) Extend.-- ``(i) In general.--The term `extend' means the act of extending a lease under this Act beyond the existing term of the lease. ``(ii) Inclusion.--The term `extend' includes the act of extending a lease following a suspension under this Act. ``(B) Nonproducing lease.--The term `nonproducing lease' means any lease under which any coal, oil, gas, oil shale, tar sands, or other fossil fuel approved in the lease contract has been extracted. ``(C) Reinstate.--The term `reinstate' means the act of reinstating a lease under this Act after a violation of any term of the lease that resulted in suspension or cancellation of the lease. ``(D) Renew.--The term `renew' means the act of renewing a lease under this Act for a term that is not longer than the maximum renewal term for a lease under this Act. ``(2) Prohibition.--Notwithstanding any other provision of this Act or any other law, the Secretary of the Interior shall not issue a new lease, renew, reinstate, or extend any nonproducing lease, or issue any other authorization for the exploration, development, or production of oil, natural gas, or any other fossil fuel in-- ``(A) the Arctic Ocean; ``(B) the Atlantic Ocean, including the Straits of Florida; ``(C) the Pacific Ocean; ``(D) the Gulf of Mexico; or ``(E) any other area of the outer Continental Shelf.''. (b) Cancellation of Existing Leases.--Notwithstanding any other provision of law, not later than 60 days after the date of enactment of this Act, the Secretary shall cancel any lease issued under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) on or before the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or Chukchi Sea. SEC. 5. STOPPING NEW COAL, OIL, TAR SANDS, FRACKED GAS, AND OIL SHALE LEASES ON FEDERAL LAND. Notwithstanding any other provision of law, the Secretary shall not conduct any lease sale, enter into any new lease, reoffer for lease any land covered by an expiring lease, or renew, reinstate, or extend any nonproducing lease in existence on or before the date of enactment of this Act for onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas on land subject to the Mineral Leasing Act (30 U.S.C. 181 et seq.). SEC. 6. EXCEPTIONS. (a) National Security.-- (1) In general.--Subject to paragraph (2), the Secretary may exempt any provision of this Act or an amendment made by this Act for a lease if the Secretary determines, on the record and based on available information, that-- (A) there is an imminent national security threat; and (B) issuing an exemption for the lease would significantly reduce the imminent national security threat. (2) Duration.--An exemption under paragraph (1) shall continue only for as long as the imminent national security threat persists. (b) Breach of Contract.-- (1) In general.--Subject to paragraph (2), the Secretary may allow a nonproducing lease to be renewed or extended if-- (A) the nonproducing lease contract was signed before the date of enactment of this Act; and (B) the Secretary determines that giving effect to any provision of this Act or an amendment made by this Act is likely to lead to a court with jurisdiction ruling that there was a material breach of the nonproducing lease contract. (2) Duration.--A renewal or extension under paragraph (1) shall be for the shortest time practicable, consistent with the terms of the nonproducing lease contract. SEC. 7. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of those provisions and amendments to any person or circumstance shall not be affected.

Keep It in the Ground Act of 2017 This bill amends the Outer Continental Shelf Lands Act to prohibit the Bureau of Ocean Energy Management (BOEM) from issuing, renewing, reinstating, or extending any nonproducing lease, or issuing any authorization for the exploration or production of oil, natural gas, or any other fossil fuel in the Arctic Ocean, Atlantic Ocean, Pacific Ocean, Gulf of Mexico, or any other area of the Outer Continental Shelf. BOEM shall also cancel within 60 days any lease issued in the Beaufort Sea, Cook Inlet, or Chukchi Sea (three of the five bodies of water that encompass the Alaska Outer Continental Shelf). The Bureau of Land Management (BLM) must not issue, renew, reinstate, or extend any nonproducing lease for the exploration or production of any onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas, on land subject to the Mineral Leasing Act. The bill provides for exceptions if there is an imminent national security threat that would be significantly reduced by granting an exception. In addition, BOEM and the BLM may allow a nonproducing lease to be renewed or extended if the lease contract was signed before this bill, and giving effect to any provision of this bill is likely to lead to a material breach of contract.

Keep It in the Ground Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Physicians' Incentives Act of 1993''. SEC. 2. DEDUCTION FOR MEDICAL SCHOOL EDUCATION LOAN INTEREST INCURRED BY DOCTORS SERVING IN MEDICALLY UNDERSERVED RURAL AREAS. (a) In General.--Paragraph (1) of section 163(h) of the Internal Revenue Code of 1986 (relating to disallowance of deduction for personal interest) is amended by striking ``and'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) any qualified medical education loan interest (within the meaning of paragraph (5)), and''. (b) Qualified Medical Education Loan Interest Defined.--Subsection (h) of section 163 of such Code is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Qualified medical education loan interest.-- ``(A) In general.--The term `qualified medical education loan interest' means interest-- ``(i) which is on a medical education loan of a physician, ``(ii) which is paid or accrued by such physician, and ``(iii) which accrues during the period-- ``(I) such physician is providing primary care (including internal medicine, pediatrics, obstetrics/ gynecology, family medicine, and osteopathy) to residents of a medically underserved rural area, and ``(II) such physician's principal place of abode is in such area. ``(B) Medical education loan.--The term `medical education loan' means indebtedness incurred to pay the individual's-- ``(i) qualified tuition and related expenses (as defined in section 117(b)) incurred for the medical education of such individual, or ``(ii) reasonable living expenses while away from home in order to attend an educational institution described in section 170(b)(1)(A)(ii) for the medical education of such individual. ``(C) Physician.--For purposes of subparagraph (A), the term `physician' has the meaning given such term by section 1861(r)(1) of the Social Security Act. ``(D) Medically underserved rural area.--The term `medically underserved rural area' means any rural area which is a medically underserved area (as defined in section 330(b) or 1302(7) of the Public Health Service Act).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. ELIMINATION OF MEDICARE PAYMENT REDUCTIONS FOR NEW DOCTORS FOR SERVICES FURNISHED IN ANY RURAL AREA. (a) In General.--Section 1848(a)(4) of the Social Security Act (42 U.S.C. 1395w-4(a)(4)) is amended-- (1) by striking ``or services'' and inserting ``, services'', and (2) by inserting before the period at the end the following: ``, or services furnished in a rural area (as so defined) by (or under the supervision, or incidental to services, of) a physician described in section 1861(r)(1)''. (b) Effective Date.--The amendments made by subsection (a) shall apply to services furnished after 1993. SEC. 4. EXTENSION OF DEFERMENTS. (a) Stafford Loans.-- (1) GSL loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (A) by striking ``or'' at the end of clause (ii); (B) by inserting ``or'' after the semicolon at the end of clause (iii); and (C) by adding at the end thereof the following new clause: ``(iv) during which the borrower is serving in an internship or residency program in preparation for practice in an area of primary care (including internal medicine, pediatrics, obstetrics/gynecology, family medicine, and osteopathy);''. (2) FISL loans.--Section 427(a)(2)(C) of such Act (20 U.S.C. 1077(a)(2)(C)) is amended-- (A) by striking ``or'' at the end of clause (ii); (B) by inserting ``or'' after the semicolon at the end of clause (iii); and (C) by adding at the end thereof the following new clause: ``(iv) during which the borrower is serving in an internship or residency program in preparation for practice in an area of primary care (including internal medicine, pediatrics, obstetrics/gynecology, family medicine, and osteopathy);''. (b) Perkins Loans.--Section 464(c)(2)(A) of such Act (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) by striking ``or'' at the end of clause (iii); (2) by inserting ``or'' after the semicolon at the end of clause (iv); and (3) by adding at the end thereof the following new clause: ``(v) during which the borrower is serving in an internship or residency program in preparation for practice in an area of primary care (including internal medicine, pediatrics, obstetrics/gynecology, family medicine, and osteopathy);''. (c) Effective Date.--The amendments made by this section shall apply to on and after the date of the enactment of this Act with respect to loans made under the Higher Education Act of 1965 before, on, or after that date. SEC. 5. CLARIFICATION OF PERMISSIBLE SUBSTITUTE BILLING ARRANGEMENTS FOR PHYSICIANS' SERVICES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Medicare Program.-- (1) In general.--Clause (D) of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended to read as follows: ``(D)(i) payment may be made to a physician for physicians' services (and services incident to such services) to be provided by a second physician on a reciprocal basis to individuals who are patients of the first physician if (I) the first physician is unavailable to provide the services, (II) the services are not provided by the second physician over a continuous period of longer than 60 days, and (III) the claim form submitted to the carrier includes the second physician's unique identifier (provided under the system established under subsection (r)) and indicates that the claim meets the requirements of this clause for payment to the first physician; and (ii) payment may be made to a physician for physicians' services (and services incident to such services) which that physician pays a second physician on a per diem or other fee- for-time basis to provide to individuals who are patients of the first physician if (I) the first physician is unavailable to provide the services, (II) the services are not provided by the second physician over a continuous period of longer than 90 days (or such longer period as the Secretary may provide), and (III) the claim form submitted to the carrier includes the second physician's unique identifier (provided under the system established under subsection (r)) and indicates that the claim meets the requirements of this clause for payment to the first physician''. (2) Effective date.--The amendment made by paragraph (1) shall apply to services furnished on or after the first day of the first month beginning more than 60 days after the date of the enactment of this Act. (b) Medicaid Program.-- (1) In general.--Section 1902(a)(32)(C) of the Social Security Act (42 U.S.C. 1396a(a)(32)(C)) is amended to read as follows: ``(C) payment may be made to a physician for services furnished by a substitute physician under the circumstances described in subparagraph (D) of section 1842(b)(6), except that, for purposes of this subparagraph, any reference in such subparagraph to `a carrier' or `the system established under subsection (r)' is deemed a reference to the State (or other fiscal agent under the State plan) and to the system established under subsection (x) of this section, respectively.''. (2) Effective date.--(A) The amendment made by paragraph (1) shall apply to services furnished on or after the date of the enactment of this Act. (B) Until the first day of the first calendar quarter beginning more than 60 days after the date the Secretary of Health and Human Services establishes the physician identifier system under section 1902(x) of the Social Security Act, the requirement under section 1902(a)(32)(C) of such Act that a claim form submitted must include the second physician's unique identifier is deemed to be satisfied if the claim form identifies (in a manner specified by the Secretary of Health and Human Services) the second physician.

Rural Physicians' Incentives Act of 1993 - Amends the Internal Revenue Code to allow a deduction on medical education loan interest of a physician which accrues while the physician is living in and providing primary care to residents of a medically underserved rural area. Amends title XVIII (Medicare) of the Social Security Act to exempt services furnished in a rural area from a special fee schedule applicable to new physicians. Amends the Higher Education Act of 1965 to extend beyond the normal two-year limit, for borrowers serving an internship or residency program in preparation for practice in an area of primary care, the deferral of payments on: (1) insured student loans (Stafford Loans), including those eligible for interest subsidies; and (2) low-interest student loans (Perkins Loans). Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify provisions setting forth requirements concerning billing by one physician for services rendered by another physician in specified circumstances.

Rural Physicians' Incentives Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Opportunities for Formerly Homeless Veterans Residing in Permanent Housing Act of 2007''. SEC. 2. GRANTS TO ENTITIES THAT COORDINATE THE PROVISION OF SUPPORTIVE SERVICES TO FORMERLY HOMELESS VETERANS RESIDING ON QUALIFYING MILITARY PROPERTY. (a) Establishment.-- (1) Subject to the availability of appropriations for such purpose, the Secretary of Veterans Affairs may carry out a pilot program to make grants to public and non-profit (including faith-based and community) organizations to coordinate the provision of supportive services available in the local community to very low income, formerly homeless veterans residing in permanent housing that is located on qualifying property. (2) The Secretary may make grants at up to 10 qualifying properties under the pilot program. (b) Qualifying Property.--A military installation closed in accordance with the 2005 base realignment and closure process (pursuant to the Defense Base Realignment and Closure Act of 1990 (BRAC), as amended), and the property disposal provisions of chapter 5 of title 40, United States Code (formerly the Federal Property and Administrative Property Act of 1949) that the Secretary of Defense determines, after consideration of the local redevelopment authority's redevelopment plan, may be used to assist the homeless in accordance with the redevelopment plan. (c) Criteria for Grants.--The Secretary shall prescribe criteria and requirements for grants under this section and shall publish such criteria and requirements in the Federal Register. (d) Duration of Program.--The authority of the Secretary to provide grants under a pilot program under this section will cease on the date that is five years after the date of the commencement of that pilot program. (e) Definition.--For purposes of this section, ``very low income'' has the same meaning as that used in the Resident Characteristics Report issued annually by the Department of Housing and Urban Development. (f) Authorization for the Appropriation of Funds.--There is authorized to be appropriated from amounts made available under the heading ``General Operating Expenses'', not more than $3,000,000 in each of fiscal years 2009 through 2013 to carry out the purposes of this section. SEC. 3. GRANTS TO ENTITIES THAT COORDINATE THE PROVISION OF SUPPORTIVE SERVICES TO FORMERLY HOMELESS VETERANS RESIDING IN PERMANENT HOUSING. (a) Establishment of Pilot Program.-- (1) Subject to the availability of appropriations for such purpose, the Secretary of Veterans Affairs may carry out a pilot program to make grants to public and non-profit (including faith-based and community) organizations to coordinate the provision of supportive services available in the local community to very low income, formerly homeless veterans residing in permanent housing. (2) The Secretary may make grants at up to 10 qualifying properties under the pilot program. (b) Qualifying Property.--Any property in the United States on which permanent housing is provided or afforded to formerly homeless veterans, as determined by the Secretary. (c) Criteria for Grants.--The Secretary shall prescribe criteria and requirements for grants under this section and shall publish such criteria and requirements in the Federal Register. (d) Duration of Pilot Program.--The authority of the Secretary to provide grants under a pilot program under this section will cease on the date that is five years after the date of the commencement of that pilot program. (e) Definition.--For purposes of this section, ``very low income'' has the same meaning as that used in the Resident Characteristics Report issued annually by the Department of Housing and Urban Development. (f) Authorization for the Appropriation of Funds.--There is authorized to be appropriated from amounts made available under the heading ``General Operating Expenses'', not more than $3,000,000 in each of fiscal years 2009 through 2013 to carry out the purposes of this section. SEC. 4. GRANTS TO ENTITIES FOR PENSION OUTREACH. (a) Authority To Make Grants.--In addition to the outreach authority provided to the Secretary of Veterans Affairs by section 7722 of title 38 United States Code, the Secretary of Veterans Affairs may carry out a pilot program to make grants to public and non-profit (including faith-based and community) organizations for services to provide outreach to inform low-income and elderly veterans and their spouses who reside in rural areas of benefits for which they may be eligible under chapter 15 of title 38, United States Code. (b) Criteria for Grants.--The Secretary shall prescribe criteria and requirements for grants under this section and shall publish such criteria and requirements in the Federal Register. (c) Duration of Pilot Program.--The authority of the Secretary to provide grants under a pilot program under this section will cease on the date that is five years after the date of the commencement of that pilot program. (d) Authorization for the Appropriation of Funds.--There is authorized to be appropriated from amounts made available under the heading ``General Operating Expenses'', not more than $1,275,000 in each of fiscal years 2009 through 2013 to carry out the purposes of this section. SEC. 5. GRANTS TO ENTITIES THAT ASSIST ELIGIBLE TRANSITIONING INDIVIDUALS IN NEED OF VOCATIONAL REHABILITATION ASSISTANCE AND SERVICES. (a) Authority To Make Grants.-- (1) Subject to the availability of appropriations provided for such purpose as authorized under subsection (i) of this section, the Secretary of Veterans Affairs may carry out a pilot program to make grants to eligible entities to establish new programs or activities, or expand or modify existing programs or activities, for the purpose of furnishing the following services and assistance to each eligible transitioning individual who is entitled and eligible for a rehabilitation program (hereinafter referred to in this section as a ``rehabilitation program'') under chapter 31 of title 38, United States Code: (A) Transportation assistance, which may include providing transportation, paying for or reimbursing transportation costs, and paying for or reimbursing other transportation-related expenses (including orientation on the use of transportation) to facilitate an eligible individual's participation in a rehabilitation program or related activities. (B) Childcare assistance, which may include childcare services or reimbursement of expenses related to childcare to facilitate an eligible individual's participation in a rehabilitation program or related activities. (C) Clothing assistance, which may include personal services in selecting, and payment of a monetary allowance to cover the cost of purchasing, clothing and accessories suitable for job interviews or related activities consistent with an individual's participation in a rehabilitation program or related activities. (2) The Secretary is authorized to make grants under this section during the period beginning on October 1, 2007, and ending on September 30, 2010. (b) Definitions.--For purposes of this section-- (1) the term ``eligible entities'' means public and non- profit organizations (including faith-based and community organizations) approved by the Secretary under subsection (e) of this section for the purpose of assisting individuals who are eligible for vocational rehabilitation assistance and services under chapter 31 of title 38, United States Code; and (2) the term ``eligible transitioning individual'' means a person described in section 3102 of title 38, United States Code, or an individual who was separated or released from active military, naval, or air service due to a service- connected disability on or after October 1, 2006. (c) Criteria for Grants.--The Secretary shall establish criteria and requirements for grants under this section, including criteria for entities eligible to receive grants, and shall publish such criteria and requirements in the Federal Register. The criteria established under this subsection shall include the following: (1) Specification as to the kinds of projects or activities for which grants are available. (2) Specification as to the number of projects or activities for which grants are available. (3) Provisions to ensure that grants under this section shall not result in duplication of ongoing services. (d) Duration of Pilot Program.--The authority of the Secretary to provide grants under a pilot program under this section will cease on the date that is three years after the date of the commencement of that pilot program. (e) Funding Limitation.--A grant under this section may not be used to support eligible entities' operational costs. (f) Eligible Entities.--The Secretary may make a grant under this section to an entity applying for such a grant only if the applicant for the grant-- (1) is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section; (2) demonstrates that adequate financial support will be available to carry out the project or activity for which the grant is sought consistent with the plans, specifications, and schedule submitted by the applicant; and (3) agrees to meet the applicable criteria and requirements established under subsections (c) and (g) and has, as determined by the Secretary, the capacity to meet such criteria and requirements. (g) Application Requirement.--An entity seeking a grant for a project or activity under this section shall submit to the Secretary an application for the grant. The application shall set forth the following: (1) The amount of the grant sought for the project or activity. (2) Plans, specifications, and the schedule for implementation of the project or activity in accordance with criteria and requirements prescribed by the Secretary under subsection (c). (h) Program Requirements.--The Secretary may not make a grant for a project or activity to an applicant under this section unless the applicant in the application for the grant agrees to each of the following requirements: (1) To provide the services for which the grant is made at locations accessible to eligible individuals. (2) To ensure the confidentiality of records maintained on eligible individuals receiving services through the project. (3) To establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant and to such payments as may be made under this section. (i) Recovery of Unused Grant Funds.-- (1) If a grant recipient under this section-- (A) does not establish a program or activity in accordance with this section; or (B) ceases to furnish services under such a program for which the grant was made, the United States shall be entitled to recover from such recipient the total of all unused grant amounts made under this section to such recipient in connection with such program. (2) Any amount recovered by the United States under paragraph (1) may be obligated by the Secretary without fiscal year limitation to carry out provisions of this section. (3) An amount may not be recovered under paragraph (1)(A) as an unused grant amount before the end of the three-year period beginning on the date on which the grant is made. (j) Authorization for the Appropriation of Funds.--There is authorized to be appropriated from amounts made available under the heading ``General Operating Expenses'', not more than $5,000,000 in each of fiscal years 2008 through 2010 to carry out the purposes of this section. SEC. 6. ASSESSMENT OF PILOT PROGRAMS. (a) Not less than one year before the expiration of the authority to carry out the pilot programs authorized in sections 2 through 5 of this bill, the Secretary of Veterans Affairs shall provide a progress report to the Congress for each of the pilot programs that includes key measures and lessons that the Secretary can apply to programs with similar purposes, as well as recommendations on whether or not to continue each program. (b) Key measures that the Secretary shall report on include the number of veterans and dependents served by the pilot programs, quality of service to veterans and dependents, the amount of funds provided to grant recipients, and the names of organizations that have received grants.

Enhanced Opportunities for Formerly Homeless Veterans Residing in Permanent Housing Act of 2007 - Authorizes the Secretary of Veterans Affairs to conduct pilot programs of grants to: (1) coordinate the provision of supportive services available in the local community to very low income, formerly homeless veterans residing in permanent housing; (2) provide outreach to inform low-income and elderly veterans and their spouses who reside in rural areas of benefits for which they may be eligible; and (3) establish new, or expand or modify existing, programs or activities to furnish transportation, childcare, and clothing assistance to certain individuals with service-related disabilities who are entitled to a rehabilitation program.

A bill to enhance the functioning and integration of formerly homeless veterans who reside in permanent housing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Health Care Integrity Act of 2017''. SEC. 2. COMPLIANCE OF MEDICAL FACILITIES WITH REQUIREMENTS RELATING TO SCHEDULING OF APPOINTMENTS FOR HOSPITAL CARE AND MEDICAL SERVICES. (a) Annual Certification.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the director of each medical facility of the Department of Veterans Affairs annually certifies to the Secretary that-- (A) the medical facility is in full compliance with all regulations and other provisions of law relating to scheduling appointments for veterans to receive hospital care or medical services, including Veterans Health Administration Directive 1230 or any successor directive; and (B) any official data on wait times for appointments to receive hospital care or medical services submitted by the director to the Secretary during the year preceding the submittal of the certification is true and accurate to the best of the director's knowledge. (2) Prohibition on waiver.--The Secretary may not waive any regulation or other provision of law described in paragraph (1) for a medical facility of the Department if such regulation or other provision of law otherwise applies to the medical facility. (b) Explanation of Noncompliance.--If a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, the director shall submit to the Secretary a report containing-- (1) an explanation of why the director is unable to make such certification; and (2) a description of the actions the director is taking to ensure full compliance with the regulations and other provisions of law described in such subsection. (c) Prohibition on Bonuses Based on Noncompliance.-- (1) In general.--If a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, no covered official described in paragraph (2) may receive an award or bonus under chapter 45 or 53 of title 5, United States Code, or any other award or bonus authorized under such title or title 38, United States Code, during the year following the year in which the certification was not made. (2) Covered official described.--A covered official described in this paragraph is each official who serves in the following positions at a medical facility of the Department during a year, or portion thereof, for which the director does not make a certification under subsection (a)(1): (A) The director. (B) The chief of staff. (C) The associate director. (D) The associate director for patient care. (E) The deputy chief of staff. (d) Annual Report.--Not less frequently than annually, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing, with respect to the year covered by the report-- (1) a list of each medical facility of the Department for which a certification was made under subsection (a)(1); and (2) a list of each medical facility of the Department for which such a certification was not made, including a copy of each report submitted to the Secretary under subsection (b). SEC. 3. UNIFORM APPLICATION OF DIRECTIVES AND POLICIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall apply the directives and policies of the Department of Veterans Affairs to each office or facility of the Department in a uniform manner. (b) Notification.--If the Secretary does not uniformly apply the directives and policies of the Department pursuant to subsection (a), including by waiving such a directive or policy with respect to an office, facility, or element of the Department, the Secretary shall notify the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives of such nonuniform application, including an explanation for the nonuniform application. SEC. 4. REQUIREMENT FOR APPOINTMENT AND CONFIRMATION OF CERTAIN OFFICIALS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Principal Deputy Under Secretary for Health.--Subsection (c) of section 7306 of title 38, United States Code, is amended to read as follows: ``(c)(1) Except as provided in paragraph (2), appointments under subsection (a) shall be made by the Secretary. ``(2) Appointments under subsection (a)(1) shall be made by the President, by and with the advice and consent of the Senate. ``(3) In the case of appointments under paragraphs (1), (2), (3), (4), and (8) of subsection (a), such appointments shall be made upon the recommendation of the Under Secretary for Health.''. (b) Other Deputy Under Secretary Positions.-- (1) In general.--Notwithstanding any other provision of law, the Deputy Under Secretary for Health for Operations and Management of the Department of Veterans Affairs, the Deputy Under Secretary for Health for Policy and Services of the Department, the Principal Deputy Under Secretary for Benefits of the Department, the Deputy Under Secretary for Disability Assistance of the Department, and the Deputy Under Secretary for Field Operations of the Department shall be appointed by the President, by and with the advice and consent of the Senate. (2) Rule of construction.--Nothing in this subsection shall be construed to authorize the establishment of any new position within the Department of Veterans Affairs. (c) Application.--Subsection (b) and the amendment made by subsection (a) shall apply to appointments made on and after the date of the enactment of this Act.

Veterans' Health Care Integrity Act of 2017 This bill directs the Department of Veterans Affairs (VA) to ensure that the director of each VA medical facility annually certifies that: (1) the facility is in full compliance with all provisions of law and regulations relating to scheduling appointments for veterans hospital care and medical services, and (2) any official data on appointment wait times is accurate. The VA may not waive any applicable provision of such laws or regulations. If unable to make such certification, a director shall provide the VA with an explanation of any noncompliance and a description of compliance actions being taken. If a director does not make a certification for any year, each covered official may not receive specified awards or bonuses during the subsequent year. "Covered officials" are a facility's director, chief of staff, associate director, associate director for patient care, and deputy chief of staff. The VA shall ensure that its directives and policies apply to, and are implemented by, each VA office or facility in a uniform manner. The following VA positions shall be appointed by the President with the advice and consent of the Senate: (1) Deputy Under Secretary for Health for Operations and Management, (2) Deputy Under Secretary for Health for Policy and Services, (3) Principal Deputy Under Secretary for Benefits, (4) Deputy Under Secretary for Disability Assistance, and (5) Deputy Under Secretary for Field Operations.

Veterans' Health Care Integrity Act of 2017

SECTION 1. REPORTS ON MANAGEMENT OF ARLINGTON NATIONAL CEMETERY. (a) Report on Gravesite Discrepancies.--Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall submit to the committees of Congress specified in subsection (c) a report setting forth an accounting of the gravesites at Arlington National Cemetery, Virginia. The accounting shall-- (1) specify whether gravesite locations at Arlington National Cemetery are correctly identified, labeled, and occupied; and (2) set forth a plan of action, including the resources required and a proposed schedule, to implement remedial actions to address deficiencies identified pursuant to the accounting. (b) GAO Review of Management and Oversight of Contracts.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees of Congress specified in subsection (c) a report on the management and oversight of contracts at Arlington National Cemetery. (2) Elements.--The report required by paragraph (1) shall include the following: (A) The number, dollar amount, and duration of current contracts at Arlington National Cemetery over the simplified acquisition threshold. (B) The number, dollar amount, and duration of current contracts for automation of burial operations at Arlington National Cemetery, including contracts relating to the Total Cemetery Management System (TCMS), the Geographic Information System (GIS), the Interment Scheduling System (ISS), the Interment Management System (IMS), and new or modified versions of the Burial Operations Support System (BOSS) of the Department of Veterans Affairs. (C) An assessment of the management and oversight by the Executive Director of the Army National Cemeteries Program of the contracts covered by subparagraphs (A) and (B), including the use of and actions taken for that purpose by the Corps of Engineers and the National Capital Region Contracting Center of the Army Contracting Command. (D) An assessment of the actions taken by the Executive Director of the Army National Cemeteries Program in response to the findings and recommendations of the Inspector General of the Army in the report entitled ``Report of Investigation and Special Inspection of Arlington National Cemetery Final Report (Case 10-04)'', dated June 9, 2010. (E) An assessment of the implementation of the following: (i) Army Directive 2010-04 on Enhancing the Operations and Oversight of the Army National Cemeteries Program, dated June 10, 2010, including, without limitation, an evaluation of the sufficiency of all contract management and oversight procedures, current and planned information and technology systems, applications, and contracts, current organizational structure and manpower, and compliance with and execution of all plans, reviews, studies, evaluations, and requirements specified in the Army Directive. (ii) The recommendations and actions proposed by the Army National Cemeteries Advisory Commission with respect to Arlington National Cemetery. (F) An assessment of the adequacy of current practices at Arlington National Cemetery to provide information, outreach, and support to families of individuals buried at Arlington National Cemetery regarding procedures to detect and correct current errors in burials at Arlington National Cemetery. (G) An assessment of the feasibility and advisability of transferring jurisdiction of Arlington National Cemetery and the United States Soldiers' and Airmen's Home National Cemetery to the Department of Veterans Affairs, and an assessment of the feasibility and advisability of the sharing of jurisdiction of such facilities between the Department of Defense and the Department of Veterans Affairs. (3) Simplified acquisition threshold defined.--In this subsection, the term ``simplified acquisition threshold'' has the meaning provided that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (c) Specified Committees of Congress.--The committees of Congress specified in this subsection are-- (1) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Veterans' Affairs of the Senate; and (2) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Veterans' Affairs of the House of Representatives. (d) Reports on Implementation of Army Directive on Army National Cemeteries Program.-- (1) In general.--The Secretary of the Army shall submit to the appropriate committees of Congress reports on execution of and compliance with Army Directive 2010-04 on Enhancing the Operations and Oversight of the Army National Cemeteries Program, dated June 10, 2010. Each such report shall include, for the preceding 270 days or year (as applicable), a description and assessment of the following: (A) Execution of and compliance with every section of the Army Directive for Arlington National Cemetery, including, without limitation, an evaluation of the sufficiency of all contract management and oversight procedures, current and planned information and technology systems, applications, and contracts, current organizational structure and manpower, and compliance with and execution of all plans, reviews, studies, evaluations, and requirements specified in the Army Directive. (B) The adequacy of current practices at Arlington National Cemetery to provide information, outreach, and support to families of those individuals buried at Arlington National Cemetery regarding procedures to detect and correct current errors in burials at Arlington National Cemetery. (2) Period and frequency of submittal.--A report required by paragraph (1) shall be submitted not later than 270 days after the date of the enactment of this Act, and every year thereafter for the next 2 years.

Directs the Secretary of the Army to submit to specified congressional committees: (1) a one-time report on the management and oversight of contracts at Arlington National Cemetery, requiring, among other things, certain information concerning burial operations and errors in burials; and (2) biennial reports on the execution of and compliance with Army Directive 2010-04, Enhancing the Operations and Oversight of the Army National Cemeteries Program.

To require reports on the management of Arlington National Cemetery.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Forest Insect and Disease Emergency Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Designation of insect and disease emergency areas. Sec. 5. Response to emergency designation. Sec. 6. Good neighbor relationship with the State of Colorado. Sec. 7. Stewardship contracting. Sec. 8. Protection of private property rights. SEC. 2. PURPOSES. (a) Purposes.--The purposes of this Act are-- (1) to ensure that adequate emphasis is placed on the mitigation of hazards posed by large-scale infestations of bark beetles and other insects through the establishment of insect and disease emergency areas; (2) to ensure that increased resources are available within each designated insect and disease emergency area-- (A) to mitigate hazards associated with falling trees and increased fire hazards; and (B) to restore National Forest System land within the designated insect and disease emergency area; and (3) to make permanent good-neighbor authority for the State of Colorado and stewardship contracting authorities available to the Secretary of Agriculture. SEC. 3. DEFINITIONS. In this Act: (1) Affected state.--The term ``affected State'' means the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. (2) Insect and disease emergency area.--The term ``insect and disease emergency area'' means an area of National Forest System land (other than land excluded by section 4(d)) that-- (A) is identified as an insect and disease emergency area on the map entitled ``Insect Emergency Areas'' and dated [___]; or (B) is designated as an insect and disease emergency area by the Secretary in the manner provided in section 4(b). (3) Insect and disease infestation emergency.--The term ``insect and disease infestation emergency'' means an insect or disease infestation that the Secretary determines has resulted in-- (A) a current or future increased risk of catastrophic wildland fire; or (B) an increased threat posed by hazardous trees to utility corridors, communication sites, or other infrastructure. (4) National forest system.--The term ``National Forest System'' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. DESIGNATION OF INSECT AND DISEASE EMERGENCY AREAS. (a) Designation by Map.-- (1) Designation.--There is designated as an insect and disease emergency area each area of National Forest System land identified as such an area on the map entitled ``Insect Emergency Areas'' and dated ___. (2) Map; legal descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary shall file the map referred to in paragraph (1) and a legal description for each insect and disease emergency area designated by such paragraph with-- (A) the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (B) the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives. (3) Force of law.--The map and legal descriptions filed under paragraph (2) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and the legal descriptions. (4) Public availability.--The map and legal descriptions filed under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (b) Designation by Secretary.-- (1) Designation.--The Secretary may designate an area of National Forest System land as an additional insect and disease emergency area if the National Forest System land-- (A) is located in an affected State; (B) is subject to an insect and disease infestation emergency, as determined by the Secretary. (2) Initiation.--The designation of an insect and disease emergency area under this subsection may be made by the Secretary-- (A) on the initiative of the Secretary; or (B) in response to a request by the Governor of an affected State. (3) Deadline.--If the Governor of an affected State requests the Secretary to designate National Forest System land in the State as an additional insect and disease emergency area, the Secretary shall accept or deny the request before the end of the 90-day period beginning on the date on which the Secretary receives the request. If the Secretary does not accept or deny the request before the end of such period, the request shall be deemed to be denied. If the request is denied, the Secretary shall submit to the Governor who submitted the request and the congressional committees specified in subsection (a)(2) an explanation of the reasons for the denial. (4) Limitation on delegation.--The Secretary may delegate the authority to make a designation under this subsection only to the Regional Forester responsible for the National Forest System land that would be covered by the designation. (5) Procedure.--If the Secretary designates an additional insect and disease emergency area under this subsection, the Secretary shall-- (A) publish a notice of the designation of the insect and disease emergency area (including a map of the insect and disease emergency area) in the Federal Register; and (B) notify the Governor of the affected State in which the land is located and the congressional committees specified in subsection (a)(2). (c) Relation to Other Laws.-- (1) NEPA.--The designation of an insect and disease emergency area under this section does not constitute a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Subsequent major Federal actions taken as a result of the designation are subject to such Act. (2) Forest service decisionmaking.--The designation of an insect and disease emergency area under this section shall not be subject to-- (A) section 322 of the Department of the Interior and Related Agencies Appropriation Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note); or (B) any related law or regulation. (d) Certain Lands Excluded.--An insect and disease emergency area may not include-- (1) land designated as wilderness; (2) land recommended for wilderness designation in a forest land and resource management plan; and (3) land on which the removal of vegetation is prohibited or restricted by Act of Congress or Presidential proclamation (including the applicable implementation plan). (e) Duration of Designation.-- (1) Designation by map.--An insect and disease emergency area designated on the map referred to in subsection (a)(1) shall continue as an insect and disease emergency area until-- (A) the end of the 10-year period beginning on the date of the enactment of this Act; or (B) such earlier date as may be designated by the Secretary if the Secretary determines that the area of National Forest System land is no longer subject to an insect and disease infestation emergency. (2) Designation by secretary.--An insect and disease emergency area designated by the Secretary under subsection (b) shall continue as an insect and disease emergency area until-- (A) the end of the 10-year period beginning on the date of the designation; or (B) such earlier date as may be designated by the Secretary if the Secretary determines that the area of National Forest System land is no longer subject to an insect and disease infestation emergency. (3) Redesignation.--The expiration of the 10-year period specified in paragraph (1)(A) or (2)(A) does not prohibit the Secretary from redesignating an area of National Forest System land as an insect and disease emergency area under subsection (b) if the Secretary determines that the area of National Forest System land continues to be subject to an insect and disease infestation emergency. SEC. 5. RESPONSE TO EMERGENCY DESIGNATION. (a) Priority Treatments.--In carrying out the management of an insect and disease emergency area, the Secretary shall give priority consideration-- (1) to the removal of hazardous fuels and hazardous trees posing a risk to-- (A) human communities; (B) utility corridors; (C) communication sites; (D) roads; (E) recreation sites; (F) water structures; and (G) other infrastructure; (2) to the restoration of the health of land surrounding any of the areas or sites specified in paragraph (1); and (3) to the provision of assistance to State and local governments, Indian tribes, and private landowners for the removal of hazardous fuels and hazardous trees on, and the restoration of the health of, each parcel of land located in the insect and disease emergency area-- (A) that is under the jurisdiction of the State or local government or Indian tribe; or (B) the title of which is held by a private landowner. (b) Biomass Use.--In giving priority to initiatives described in subsection (a), the Secretary shall give priority consideration to the making of payments under section 9011(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(d)), as amended by section 9001(a) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2064), to an individual or entity described in paragraph (1)(B) of such section that collects or harvests renewable biomass from a parcel of National Forest System land located in an insect and disease emergency area. (c) Emergency Forest Restoration.--In implementing the emergency forest restoration program under section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206), the Secretary may make payments to an owner of a parcel of nonindustrial private forest land that is located in an insect and disease emergency area to carry out emergency measures in response to an insect and disease infestation emergency under this Act. (d) Treatment as Renewable Biomass.--Any biomass removed from a parcel of land located in an insect and disease emergency area shall be considered to be renewable biomass for purposes of the renewable fuel standard under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). (e) Healthy Forest Restoration.-- (1) Authority of secretary.--The Secretary may apply each requirement described in sections 104 and 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514, 6515) to projects that are carried out to remove hazardous fuels and hazardous trees on, and to restore the health of, National Forest System land that is located in an insect and disease emergency area. (2) Judicial review.--Section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516) shall apply to each project described in paragraph (1). SEC. 6. GOOD NEIGHBOR RELATIONSHIP WITH THE STATE OF COLORADO. (a) State Forest Services.-- (1) Authority of secretary.--The Secretary may offer to enter into any contract (including a sole source contract) or other agreement (including an agreement for the mutual benefit of the Secretary and each other party to the contract or agreement), as appropriate, with the State of Colorado (in this section referred to as the ``State'') to perform watershed restoration and protection services on National Forest System land located in the State if the State is carrying out similar and complementary watershed restoration and protection services on a parcel of State or private land that is located adjacent to the National Forest System land. (2) Authorized services.--Watershed restoration and protection services described in paragraph (1) include-- (A) the treatment of insect-infested trees; (B) the reduction of hazardous fuels; and (C) any other activity that is carried out to restore or improve watersheds or fish and wildlife habitat across ownership boundaries. (b) Administrative Provisions.-- (1) National forest management act of 1976.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a contract or other agreement under subsection (a)(1). (2) Assumption of liability.--In accordance with each applicable law (including regulations), in preparing and carrying out a contract entered into under subsection (a)(1), the State that is a party to the contract shall be liable for each action and omission of the employees of the State. (3) Subcontracts.--A State, in accordance with the applicable contract procedures of the State, may enter into subcontracts to provide restoration services authorized under a contract or other agreement entered into under subsection (a)(1). (4) Dispute resolution.--Any dispute under a contract or other agreement under subsection (a)(1) shall be resolved in accordance with, as applicable-- (A) the dispute clause of the contract or other agreement; (B) the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.); or (C) section 1491 of title 28, United States Code. (c) Retention of Responsibilities Under National Environmental Policy Act of 1969.--With respect to any watershed restoration and protection service on National Forest System land that is proposed to be carried out by the State under subsection (a), any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may not be delegated to any officer or employee of the State. (d) Applicability.-- (1) In general.--Subject to paragraph (2), the authority provided by this section applies only to National Forest System land located in Colorado. (2) Secretary of the interior.--With respect to public land located in Colorado that is administered by the Secretary of the Interior (acting through the Bureau of Land Management), the Secretary of the Interior may carry out activities under this section on the public land. SEC. 7. STEWARDSHIP CONTRACTING. (a) Permanent Authority.--Section 347(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; as contained in section 101(e) of division A of Public Law 105- 277) is amended by striking ``Until September 30, 2013, the'' and inserting ``The''. (b) Treatment of Cancellation Costs.--Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; as contained in section 101(e) of division A of Public Law 105-277) is amended by adding at the end the following new subsection: ``(h) Treatment of Cancellation Costs.-- ``(1) Limitation on obligation.--Notwithstanding any other provision of law, including section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c), the Forest Service may not obligate funds to cover the cost of canceling a Forest Service multiyear stewardship contract under subsection (a) until the date on which the multiyear stewardship contract is cancelled. ``(2) Costs of cancellation or termination.--The costs of any cancellation or termination of a multiyear stewardship contract described in paragraph (1) may be paid from any appropriations available to the Forest Service. In the event such appropriations are exhausted-- ``(A) the exhaustion of such appropriations shall not be considered to be a violation of section 1341 of title 31, United States Code; and ``(B) the Secretary of Agriculture shall seek a supplemental appropriation.''. SEC. 8. PROTECTION OF PRIVATE PROPERTY RIGHTS. Nothing in this Act diminishes the rights of any owner of private property.

National Forest Insect and Disease Emergency Act of 2009 - Designates certain areas of National Forest System land in the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming as insect and disease emergency areas. Allows the designation of an area of System land as an additional insect and disease emergency area if the land: (1) is located in an affected state; and (2) is subject to an insect and disease infestation emergency. Excludes certain lands from inclusion in an insect and disease emergency area. Sets forth requirements for the duration of insect and disease emergency areas designated under this Act. Authorizes the Secretary of Agriculture (the Secretary), in implementing the emergency forest restoration program, to make payments to owners of nonindustrial private forest land to carry out emergency measures in response to an insect and disease infestation emergency under this Act. Authorizes the: (1) Secretary to offer to enter into any contracts or other agreements with the state of Colorado to perform watershed restoration and protection services on System land in the state when similar and complementary restoration and protection services are being carried out on adjacent state or private land; and (2) Secretary of the Interior to carry out such activities on public land located in Colorado. Extends permanently the authority under which the Forest Service may enter into such contracts with private persons and entities to perform services to achieve land management goals for the national forests that meet local and rural communities' needs. Bars the Forest Service from obligating funds to cover the costs of canceling Forest Service multiyear stewardship end result contracts until the date on which they are canceled.

To address public safety risks in western States by facilitating insect and disease infestation treatment of National Forest System land and certain adjacent land, to make permanent the good-neighbor authority for Colorado and stewardship contracting authorities available to the Forest Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Autofill Act of 2010''. SEC. 2. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS. ``(a) Establishment of Program.--The Secretary shall establish a program under which taxpayers may download forms relating to the individual income tax returns that are populated with return information reported to the Secretary under chapter 61 and reported to the Secretary pursuant to section 232 of the Social Security Act. ``(b) Requirements Relating to Information.-- ``(1) Deadline for making information available.--The Secretary shall make such return information available under the program established under subsection (a) not later than 15 days after the Secretary receives such information. ``(2) Format of information made available.--Return information shall be made available under the program established under subsection (a) in both a printable document file suitable for manual completion and filing and in a computer-readable form suitable for use by automated tax preparation software. ``(c) Autofill Service Deadlines.-- ``(1) Standards.--Not later than October 31, 2010, the Secretary shall-- ``(A) establish standards for data download to tax preparation software, and ``(B) provide a demonstration server for downloading the partially populated printable document file. ``(2) Tax forms.--Not later than February 15, 2011, and annually thereafter, the Secretary shall provide on the Secretary's Web site a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with information with respect to the taxpayer that is reported under chapter 61 or any other provision of this title under which reporting of information is required. ``(d) Taxpayer Responsibility.--Nothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of his return of tax. ``(e) Disclaimer.--Before any form can be downloaded under the program established under subsection (a), taxpayer must acknowledge that-- ``(1) the taxpayer is responsible for the accuracy of his return, and ``(2) all information provided in the downloadable form under such program needs to be verified. ``(f) Information Provided for Wage and Self-Employment Income.-- For purposes of subsection (a)-- ``(1) Information related to calendar year 2010.--In the case of information relating to wages paid, and amounts of self-employment income, for calendar year 2010 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall, using best efforts, make such information available to the Secretary not later than January 31, 2011. ``(2) Information related to calendar year 2011 and thereafter.--In the case of information relating to wages paid, and amounts of self-employment income, for any calendar year after 2010 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall make such information available to the Secretary not later than the January 31 of the calendar year following the calendar year to which such wages and self-employment income relate.''. (b) Filing Deadline for Information Returns.--Subsection (b) of section 6071 of such Code is amended to read as follows: ``(b) Information Returns.--Returns made under part III of this subchapter shall be filed on or before January 31 of the year following the calendar year to which such returns relate. Section 6081 shall not apply to returns under such part III.''. (c) Conforming Amendment to Social Security Act.--Subparagraph (A) of section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following new sentence: The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``For purposes of the preceding sentence, the Commissioner shall require that information relating to wages paid, and amounts of self-employment income, be provided to the Commissioner not later than January 31 of the year following the calendar year to which such wages and self-employment income relate.'' (d) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Automated partially pre-populated tax returns.''. (e) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2009.

Autofill Act of 2010 - Amends the Internal Revenue Code to require the Secretary of the Treasury to: (1) establish a program to allow taxpayers to download income tax forms that are populated with tax return information (e.g., wages, withholding, and self-employment income) previously reported to the Secretary for the taxable year; (2) establish standards for data download to tax preparation software; and (3) provide on the website of the Department of the Treasury a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with tax return information previously reported to the Secretary. Establishes deadlines for reporting tax return information to the Secretary and for making such information available for populating tax returns.

To amend the Internal Revenue Code of 1986 to establish a program to populate downloadable tax forms with taxpayer return information.

SECTION 1. AUTHORITY FOR STATES TO REGULATE MUNICIPAL SOLID WASTE GENERATED IN ANOTHER STATE. (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: ``SEC. 4011. AUTHORITY FOR STATES TO REGULATE MUNICIPAL SOLID WASTE GENERATED IN ANOTHER STATE. ``(a) Definitions.--In this section: ``(1) Affected local government.--The term `affected local government' means the elected officials of a political subdivision of a State in which a facility for the treatment, incineration, or disposal of municipal solid waste is located (as designated by the State under subsection (d)). ``(2) Affected local solid waste planning unit.--The term `affected local solid waste planning unit' means a planning unit, established under State law, that has-- ``(A) jurisdiction over the geographic area in which a facility for the treatment, incineration, or disposal of municipal waste is located; and ``(B) authority relating to solid waste management planning. ``(3) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' means refuse, and any nonhazardous residue generated from the combustion of the refuse, generated by-- ``(i) the general public; ``(ii) a residential, commercial, or industrial source (or any combination of the sources); or ``(iii) a municipal solid waste incinerator facility. ``(B) Inclusions.--The term `municipal solid waste' includes refuse that consists of paper, wood, yard waste, plastic, leather, rubber, or other combustible or noncombustible material such as metal or glass (or any combination of the materials). ``(C) Exclusions.--The term `municipal solid waste' does not include-- ``(i) hazardous waste identified under section 3001; ``(ii) waste resulting from an action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 9606); ``(iii) material collected for the purpose of recycling or reclamation; ``(iv) waste generated in the provision of service in interstate, intrastate, foreign, or overseas air transportation; ``(v) industrial waste (including debris from construction or demolition) that is not identical to municipal solid waste in composition and physical and chemical characteristics or that is not collected and disposed of with other municipal solid waste collection services; or ``(vi) medical waste that is segregated from municipal solid waste. ``(b) Authority To Regulate.-- ``(1) In general.--Each State is authorized to enact and enforce a State law that regulates the treatment, incineration, and disposal of municipal solid waste generated in another State. ``(2) Authorities.--A State law described in paragraph (1) may include provisions for-- ``(A) the imposition of a ban or limit on the importation of municipal solid waste generated outside the State; and ``(B) the collection of differential fees or other charges for the treatment, incineration, or disposal of municipal solid waste generated in another State. ``(c) Local Government Approval.-- ``(1) In general.--Except as provided in paragraph (2) or as provided under State law, the owner or operator of a landfill, incinerator, or other waste disposal facility in a State may not accept for treatment, incineration, or disposal any municipal solid waste generated outside the State unless the owner or operator has obtained a written authorization to accept the waste from-- ``(A) the affected local government; and ``(B) any affected local solid waste planning unit established under State law. ``(2) Exceptions.-- ``(A) In general.--Paragraph (1) shall not apply with respect to an owner or operator of a landfill, incinerator, or other waste disposal facility that-- ``(i) otherwise complies with all applicable laws of the State in which the facility is located relating to the treatment, incineration, or disposal of municipal solid waste; and ``(ii) before the date of enactment of this section, accepted for treatment, incineration, or disposal municipal solid waste generated outside the State. ``(B) Existing authorizations.--An owner or operator of a facility described in paragraph (1) that, before the date of enactment of this section, obtained a written authorization from-- ``(i) the appropriate official of a political subdivision of the State (as determined by the State); and ``(ii) any affected local solid waste planning unit established pursuant to the law of the State; to carry out the treatment, incineration, or disposal of municipal solid waste generated outside the State shall, during the period of authorization, be considered to be in compliance with the requirements of paragraph (1). ``(C) Facilities under construction.--If, before the date of enactment of this section, an appropriate political subdivision of a State (as determined by the State) and any affected local solid waste planning unit established under the law of the State issued a written authorization for a facility that is under construction, or is to be constructed, to accept for treatment, incineration, or disposal municipal solid waste generated outside the State, the owner or operator of the facility, when construction is completed, shall be considered to be in compliance with paragraph (1) during the period of authorization. ``(3) Expansion of facilities.--An owner or operator that expands a landfill, incinerator, or other waste disposal facility shall be required to obtain the authorizations required under paragraph (1) before accepting for treatment, incineration, or disposal municipal solid waste that is generated outside the State. ``(4) Procedure.--Before taking formal action with respect to an authorization to receive municipal solid waste or incinerator ash generated outside the State, the affected local government and the affected local solid waste planning unit shall-- ``(A) require from the owner or operator of the facility seeking the authorization and make readily available to the Governor, adjoining Indian tribes, and other interested persons for inspection and copying-- ``(i) a brief description of the planned facility, including a description of the facility size, ultimate waste capacity, and anticipated monthly and yearly waste quantity to be handled; ``(ii) a map of the facility that discloses-- ``(I) the location of the facility in relation to the local road system and topographical and hydrological features; and ``(II) any buffer zones and facility units that are to be acquired by the owner or operator of the facility; ``(iii) a description of the then-current environmental characteristics of the facility, including information regarding-- ``(I) ground water resources; and ``(II) alterations that may be necessitated by or occur as a result of operation of the facility; ``(iv) a description of-- ``(I) appropriate environmental controls to be used at the facility, including run-on or runoff management, air pollution control devices, source separation procedures, methane monitoring and control, landfill covers, liners, leachate collection systems, and monitoring and testing programs; and ``(II) any waste residuals generated by the facility, including leachate or ash, and the planned management of the residuals; ``(v) a description of the site access controls to be employed and roadway improvements to be made by the owner or operator and an estimate of the timing and extent of increased local truck traffic; ``(vi) a list of all required Federal, State, and local permits required to operate the landfill and receive waste generated outside the State; ``(vii) estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility that distinguishes between employment statistics for pre-operational levels and those for post-operational levels; ``(viii)(I) information with respect to any violations of law (including regulations) by the owner or operator, or subsidiaries; ``(II) the disposition of enforcement proceedings taken with respect to the violations; and ``(III) corrective action and rehabilitation measures taken as a result of the proceedings; ``(ix) information required by State law to be provided with respect to gifts, contributions, and contracts by the owner or operator to any elected or appointed public official, agency, institution, business, or charity located within the affected local area to be served by the facility; ``(x) information required by State law to be provided by the owner or operator with respect to compliance by the owner or operator with the State solid waste management plan in effect under section 4007; ``(xi) information with respect to the source and amount of capital required to construct and operate the facility in accordance with the information provided under clauses (i) through (vii); and ``(xii) information with respect to the source and amount of insurance, collateral, or bond secured by the applicant to meet all Federal and State requirements; ``(B) provide opportunity for public comment, including at least 1 public hearing; and ``(C) not less than 30 days before taking formal action-- ``(i) publish notice of the action in a newspaper of general circulation; and ``(ii) notify the Governor, adjoining local governments, and adjoining Indian tribes. ``(d) Designation of Affected Local Government.-- ``(1) In general.--Not later than 90 days after the date of enactment of this section, the Governor of each State shall designate the type of political subdivision of the State that shall serve as the affected local government for the purpose of authorizing a facility to accept for treatment, incineration, or disposal of municipal solid waste generated outside of the State. ``(2) Failure to designate.--If the Governor of a State fails to make a designation by the date specified in paragraph (1), the affected local government shall be the public body with primary jurisdiction over the land or use of the land on which the facility is located.''. (b) Table of Contents.--The table of contents for subtitle D of the Solid Waste Disposal Act is amended by adding after the item relating to section 4010 the following: ``Sec. 4011. Authorization for States to regulate municipal solid waste generated in another State.''.

Amends the Solid Waste Disposal Act to authorize States to enact and enforce laws that regulate the treatment, incineration, and disposal of municipal solid waste generated in another State. Prohibits owners or operators of landfills, incinerators, or other waste disposal facilities from accepting municipal solid waste generated outside the State unless they have a written authorization from: (1) the affected local government; and (2) any affected local solid waste planning unit. Exempts from such prohibition owners or operators that: (1) otherwise comply with all State laws relating to the treatment, incineration, or disposal of municipal solid waste; and (2) prior to this Act's enactment, accepted municipal solid waste generated outside the State for such purposes. Continues the validity of authorizations to conduct such activities that were issued prior to this Act's enactment. Requires owners or operators who expand landfills, incinerators, or other waste disposal facilities to obtain such authorizations prior to accepting waste generated outside the State. Provides for disclosure to interested persons of information regarding the facility, environmental controls, required permits, personnel requirements, violations of regulations, and capital and insurance requirements prior to issuance of an authorization by the affected local government and local solid waste planning unit. Requires each State Governor to designate the type of political subdivision that shall serve as the affected local government with respect to authorizing facilities to accept out-of-State municipal solid waste under this Act.

A bill to amend the Solid Waste Disposal Act to allow States to regulate the disposal of municipal solid waste generated outside the State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Steel First Act of 2008''. SEC. 2. USE OF IRON AND STEEL PRODUCED IN THE UNITED STATES IN THE CONSTRUCTION OF PUBLIC WORKS. (a) In General.--Notwithstanding any other provision of law, the head of a covered Federal agency shall not obligate or expend funds appropriated to the agency, or provide financial assistance using funds appropriated to the agency, for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in such project is produced in the United States. (b) Exceptions.--The provisions of subsection (a) shall not apply to a covered Federal agency in any case in which the head of the agency finds-- (1) that their application would be inconsistent with the public interest; (2) that iron and steel are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) that inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25 percent. (c) Written Justification for Waiver.-- (1) Notice and comment.--If the head of a covered Federal agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the agency shall, before the waiver becomes effective-- (A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and (B) provide the public with a reasonable period of time for notice and comment. (2) Annual report.--Not later than one year after the date of enactment of this Act, and annually thereafter, the head of a covered Federal agency shall submit to Congress a report on-- (A) any waivers granted by the head of the agency under subsection (b) in the preceding year, including justifications for the waivers; and (B) any obligation or expenditure of funds by the head of the agency in the preceding year that did not conform to the requirements of this section due to limitations imposed by a treaty, agreement, or other provision of law. (d) Relationship to State Requirements.--The head of a covered Federal agency shall not impose any limitation or condition on financial assistance provided using funds appropriated to the agency that restricts any State from imposing more stringent requirements than this section on the use of iron and steel in foreign countries in projects carried out with such assistance or restricts any recipient of such assistance from complying with such State imposed requirements. (e) Intentional Violations.--If it has been determined by a court or Federal agency that any person intentionally-- (1) affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or (2) represented that any product used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States; that person shall be ineligible, for a period of 6 years beginning on the date of the determination, to receive any contract or subcontract made with funds authorized to be appropriated to the agency pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations. (f) Limitation on Applicability of Waivers to Products Produced in Certain Foreign Countries.--If the head of a covered Federal agency, in consultation with the United States Trade Representative, determines that-- (1) a foreign country is a party to an agreement with the United States and pursuant to that agreement the head of an agency of the United States has waived the requirements of this section; and (2) the foreign country has violated the terms of the agreement by discriminating against products covered by this section that are produced in the United States and are covered by the agreement, the provisions of subsection (b) shall not apply with respect to the head of the covered Federal agency in connection with products produced in that foreign country. (g) Relationship to Transportation Provisions.--Notwithstanding any provision of this section, the requirements contained in section 313 of title 23, United States Code, and sections 5323(j) and 50101 of title 49, United States Code, as amended by this Act, shall continue to apply. (h) Application of Requirements to Entire Project.--The requirement of subsection (a) and the exceptions specified in subsection (b) apply to the total of obligations and expenditures for an entire project and not only to obligations and expenditures for component parts of such project. (i) Definitions.--In this section, the following definitions apply: (1) Covered federal agency.--The term ``covered Federal agency'' means the Department of Homeland Security, the Department of Defense, and the Department of Transportation. (2) Public building; public work.--The terms ``public building'' and ``public work'' have the meanings given such terms in section 1 of the Buy American Act (41 U.S.C. 10c) and include airports, bridges, canals, dams, dikes, pipelines, railroads, multiline mass transit systems, roads, tunnels, harbors, and piers. SEC. 3. BUY AMERICA REQUIREMENTS IN TRANSPORTATION LAWS. (a) Highways.--Section 313 of title 23, United States Code, is amended-- (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; (2) by inserting after subsection (b) the following: ``(c) Written Justification for Waiver.-- ``(1) Notice and comment.--If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall, before the waiver becomes effective-- ``(A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and ``(B) provide the public with a reasonable period of time for notice and comment. ``(2) Annual report.--Not later than one year after the date of enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on-- ``(A) any waivers granted under subsection (b) in the preceding year, including justifications for the waivers; and ``(B) any obligation of funds by the Secretary in the preceding year that did not conform to the requirements of this section due to limitations imposed by a treaty, agreement, or other provision of law.''; and (3) by adding at the end the following: ``(h) Application of Requirements to Entire Project.--The requirement of subsection (a) and the exceptions specified in subsection (b) apply to the total of obligations for an entire project and not only to obligations for component parts of such project.''. (b) Public Transportation.--Section 5323(j) of title 49, United States Code, is amended-- (1) by striking paragraph (3) and inserting the following: ``(3) Written justification for waiver.-- ``(A) Notice and comment.--If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall, before the waiver becomes effective-- ``(i) publish in the Federal Register a detailed written justification as to why the waiver is needed; and ``(ii) provide the public with a reasonable period of time for notice and comment. ``(B) Annual report.--Not later than one year after the date of enactment of this subparagraph, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on-- ``(i) any waivers granted under paragraph (2) in the preceding year, including justifications for the waivers; and ``(ii) any obligation of funds by the Secretary in the preceding year that did not conform to the requirements of this subsection due to limitations imposed by a treaty, agreement, or other provision of law.''; and (2) by adding at the end the following: ``(10) Application of requirements to entire project.--The requirement of paragraph (1) and the exceptions specified in paragraph (2) apply to the total of obligations for an entire project and not only to obligations for component parts of such project.''. (c) Airports.--Section 50101 of title 49, United States Code, is amended-- (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: ``(c) Written Justification for Waiver.-- ``(1) Notice and comment.--If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall, before the waiver becomes effective-- ``(A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and ``(B) provide the public with a reasonable period of time for notice and comment. ``(2) Annual report.--Not later than one year after the date of enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on-- ``(A) any waivers granted under subsection (b) in the preceding year, including justifications for the waivers; and ``(B) any obligation of funds by the Secretary in the preceding year that did not conform to the requirements of this section due to limitations imposed by a treaty, agreement, or other provision of law.''; and (3) by adding at the end the following: ``(d) Application of Requirements to Entire Project.--The requirement of subsection (a) and the exceptions specified in subsection (b) apply to the total of obligations for an entire project and not only to obligations for component parts of such project.''. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall apply to amounts appropriated or otherwise made available after the date of enactment of this Act.

American Steel First Act of 2008 - Prohibits heads of the Department of Homeland Security (DHS), the Department of Defense (DOD), and the Department of Transportation (DOT) from obligating or expending funds or providing financial assistance for projects for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in such project is produced in the United States. Waives such prohibition in cases where: (1) the prohibition would be inconsistent with the public interest; (2) iron and steel are not produced in the United States in sufficient and reasonably available quantities of a satisfactory quality; or (3) inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25%. Prohibits waivers by a department head for products produced in a foreign country that is determined by the U.S. Trade Representative to have violated the terms of an agreement with the United States by discriminating against products covered by the agreement that are produced in the United States. Prohibits such department heads from imposing financial assistance restrictions on: (1) states that impose more stringent requirements on the use of iron and steel in foreign countries in projects carried out with such assistance; or (2) recipients that comply with such state imposed requirements. Makes any person who intentionally labels or represents a product used in a project under this Act as "Made in America" when it is not ineligible for another department contract from for six years. Requires the Secretary of Transportation to: (1) publish a justification for a waiver of the prohibition against obligating funds to carry out the Surface Transportation Assistance Act of 1982, highway projects, public transportation projects, or aviation programs unless the steel, iron, and manufactured products used are produced in the United States; and (2) provide for public notice and comment for such waiver.

To require certain Federal agencies to use iron and steel produced in the United States in carrying out projects for the construction, alteration, or repair of a public building or public work, and for other purposes.

SECTION 1. CERTAIN REQUIREMENTS INAPPLICABLE TO SECOND-HAND SELLERS. Section 19 of the Consumer Product Safety Act (15 U.S.C. 2068) is amended by adding at the end thereof the following: ``(c) Exceptions for Second-hand Sellers.-- ``(1) In general.--It is not a violation of subsection (a)(1) or (a)(2) of this section for a second-hand seller to sell, offer for sale, or distribute in commerce-- ``(A) a consumer product for resale that is treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) because of the application of section 101(a) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a); or ``(B) a children's product without the label required by section 14(c) of this Act. ``(2) Second-hand seller defined.--In this subsection, the term `second-hand seller' means-- ``(A) a consignment shop, thrift shop, or similar enterprise that sells, offers for sale, or distributes in commerce a product after the first retail sale of that product; ``(B) an individual who utilizes the Internet, a yard sale, or other casual means of selling, or offering for sale, such a product; or ``(C) a person who sells, or offers for sale, such a product at an auction for the benefit of a nonprofit organization.''. SEC. 2. PROSPECTIVE APPLICATION OF LEAD CONTENT AND THIRD PARTY TESTING RULES. (a) Lead Content.--Section 101(a) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a)) is amended-- (1) by striking ``(b) beginning on the dates provided in paragraph (2),'' in paragraph (1) and inserting ``(b),''; (2) by striking ``(15 U.S.C. 1261 et seq.).'' in paragraph (1) and inserting ``(15 U.S.C. 1261 et seq.) if it is manufactured after the date on which such limit takes effect.''; (3) by striking ``180 days'' in paragraph (2)(A) and inserting ``360 days''; (4) by striking ``1 year'' in paragraph (2)(B) and inserting ``18 months''; (5) by striking ``3 years'' in paragraph (2)(C) and inserting ``3\1/2\ years''; and (6) by striking ``3 years'' in paragraph (2)(D) and inserting ``3\1/2\ years''. (b) Third Party Testing.--Section 14(a)(3)(A) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(3)(A)) is amended by inserting ``after August 9, 2009, and'' after ``manufactured''. (c) Application.--The amendments made by subsections (a) and (b) shall be treated as having taken effect on August 15, 2008. SEC. 3. LEAD CONTENT CERTIFICATION; WAIVER OF THIRD PARTY TESTING REQUIREMENT. Section 14(g) of the Consumer Product Safety Act (15 U.S.C. 2063(g)) is amended by adding at the end thereof the following: ``(5) Special rule for lead content testing and certification.--Subsection (a) shall not require the manufacturer or private labeler of a product to test a product for, or certify it with respect to, lead content if-- ``(A) each component of the product has been tested for lead content by the manufacturer or private labeler of the component; and ``(B) the manufacturer or private labeler of each such component certifies that the component (including paint, electroplating, and other coatings) does not contain more lead than the limit established by section 101(a)(2) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a)(2)).''. SEC. 4. SUSPENSION OF ENFORCEMENT PENDING FINAL REGULATIONS. Notwithstanding any provision of law to the contrary, neither the Consumer Product Safety Commission nor the Attorney General of any State may initiate an enforcement proceeding under the Consumer Product Safety Act or the Federal Hazardous Substances Act for failure to comply with the requirements of, or for violation of, the following provisions of law until 30 days after the date on which the Commission issues the referenced rule, regulation, or guidance: (1) Section 101(a) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a) with respect to materials, products, or parts described in subsection (b)(1), until the date on which the Commission promulgates a final rule providing the guidance required by section 101(b)(2)(B) of that Act. (2) Section 101(a) of that Act with respect to certain electronic devices described in section 101(b)(4) of that Act, until the date on which the Commission, by final regulation, issues the requirements described in subparagraph (A) of section 101(b)(4) and establishes the schedule described in subparagraph (A) of section 101(b)(4). (3) Section 14(a)(1) or (2) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(1) or (2)), until the date on which-- (A) the Commission has established and published final notice of the requirements for accreditation of third party conformity assessment bodies under section 14(a)(3)(B)(vi) of that Act for products to which children's product safety rules established or revised before August 14, 2008, apply, (B) the Commission has established by final regulation requirements for the periodic audit of third party conformity assessment bodies under section 14(d)(1) of that Act (15 U.S.C. 2063(d)(1)), or (C) the Commission has by final regulation initiated the program required by section 14(d)(2)(A) of that Act (15 U.S.C. 2063(d)(2)(A)) and established protocols and standards under section 14(d)(2)(B) of that Act (15 U.S.C. 2063(d)(2)(B)), whichever is last. SEC. 5. WAIVER OF CIVIL PENALTY FOR INITIAL GOOD FAITH VIOLATION. Section 20(c) of the Consumer Product Safety Act (15 U.S.C. 2069(c)) is amended by adding at the end thereof the following: ``The Commission shall waive any civil penalty under this section if the Commission determines that-- ``(1) the violation is the first violation of section 19(a) by that person; and ``(2) the person was acting in good faith with respect to the act or omission that constitutes the violation.''. SEC. 6. SMALL ENTERPRISE COMPLIANCE ASSISTANCE. (a) In General.--Within 180 days after the date of enactment of this Act, or as soon thereafter as is practicable, the Consumer Product Safety Commission, in consultation with the Small Business Administration and State small business agencies, shall develop a compliance guide for small enterprises to assist them in complying with the requirements of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) and other Acts enforced by the Commission. (b) Contents.--The guide-- (1) shall be designed to assist small enterprises to determine-- (A) whether the Consumer Product Safety Act (or any other Act enforced by the Commission) applies to their business activities; (B) whether they are considered distributors, manufacturers, private labelers, or retailers under the Act; and (C) which rules, standards, regulations, or statutory requirements apply to their business activities; (2) shall provide guidance on how to comply with any such applicable rule, standard, regulation, or requirement, including-- (A) what actions they should take to ensure that they meet the requirements; and (B) how to determine whether they have met the requirements; and (3) may contain such additional information as the Commission deems appropriate, including telephone, e-mail, and Internet contacts for compliance support and information. (c) Publication and Distribution.--The Commission shall-- (1) publish a sufficient number of copies of the guide to satisfy both individual requests for copies and mass requests to accommodate distribution by chambers of commerce, trade associations and other organizations the membership of which includes small enterprises whose business activities are affected by the requirements of the Consumer Product Safety Act and other Acts enforced by the Commission; (2) make the guide available, without charge, by mail; and (3) provide easy access to the guide on the Commission's public website.

Amends the Consumer Product Safety Act to allow a secondhand seller to sell, offer for sale, or distribute a product or substance that is not in conformity with a consumer product safety rule relating to lead in children's products or to currently-required labeling for children's products. Defines "secondhand seller" to include: (1) a consignment or thrift shop; (2) an individual who uses the Internet, a yard sale, or other casual means; or (3) a person who sells such a product at an auction to benefit a nonprofit organization. Delays by six months each required step down in the allowed lead level in children's products. Applies this change as though it had taken effect on August 15, 2008. Prevents a specified requirement for third-party children's product safety testing from going into effect before August 9, 2009. Applies this change as though it had taken effect on August 15, 2008. Relieves a manufacturer from the requirement to test or certify a product regarding lead content if the manufacturer has tested and certifies each component of the product. Prohibits either the Consumer Product Safety Commission (CPSC) or any state attorney general from initiating an enforcement proceeding under the Consumer Product Safety Act or the Federal Hazardous Substances Act regarding product certification and labeling and children's products containing lead until 30 days after the issuance of final rules, regulations, or guidance. Requires the CPSC to waive any civil penalty for a good faith first violation of a prohibition under the Act. Requires the CPSC to develop, publish, and distribute a guide to assist small enterprises in complying with the requirements of the Consumer Product Safety Act and other Acts enforced by the CPSC.

A bill to amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Promotion Act of 2004''. SEC. 2. REPLACEMENT OF MANDATORY COUNTRY OF ORIGIN LABELING WITH VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING. Subtitle D of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638-1638d) is amended to read as follows: ``SEC. 281. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR CERTAIN MEAT PRODUCTS. ``(a) Definitions.--In this section: ``(1) The term `beef' means meat produced from cattle (including veal). ``(2) The term `covered meat product' means ground beef, ground pork, and ground lamb, and raw unprocessed muscle cuts of beef, pork and lamb. ``(3) The term `lamb' means meat produced from sheep. ``(4) The term `pork' means meat produced from hogs. ``(b) Country of Origin Labeling.--The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for covered meat products. ``(c) Label.--In the program established under subsection (b), the Secretary shall-- ``(1) create a label to be used to designate the country of origin of covered meat products; and ``(2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of covered meat products. ``(d) Limitation on Use of United States Country of Origin Label.-- A person participating in the program established under subsection (b) may not designate a covered meat product as having a United States country of origin unless the covered meat product is derived exclusively from-- ``(1) an animal born, raised, and slaughtered in the United States; or ``(2) an animal born and raised in Alaska or Hawaii, transported for a period not to exceed 60 days outside of those States, and slaughtered in the United States. ``SEC. 282. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR FISH PRODUCTS. ``(a) Definitions.--In this section: ``(1) The term `farm-raised fish' means all fish that are not wild fish. The term includes net-pen, aquacultural, and other farm-raised fish. ``(2) The term `farm-raised shellfish' means all shellfish that are not wild shellfish. The term includes net-pen, aquacultural, and other farm-raised fish. ``(3) The term `wild fish' means naturally-born or hatchery-raised fish harvested in the wild. ``(4) The term `wild shellfish' means naturally-born or hatchery-raised shellfish harvested in the wild. ``(b) Country of Origin Labeling.--The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof. ``(c) Label.--In the program established under subsection (b), the Secretary shall-- ``(1) create a label to be used to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm- raised shellfish, and products thereof; and ``(2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm- raised shellfish, and products thereof. ``(d) Limitation on Use of United States Country of Origin Label.-- A person participating in the program established under subsection (b) may not designate wild fish, wild shellfish, farm-raised fish, farm- raised shellfish, or products thereof as having a United States country of origin unless-- ``(1) in the case of wild fish or wild shellfish (or a product thereof), the wild fish or wild shellfish is harvested in the waters of the United States or by a United States vessel on the high seas; or ``(2) in the case of farm-raised fish or farm-raised shellfish (or a product thereof), the farm-raised fish or farm- raised shellfish is raised and harvested in the United States. ``SEC. 283. VOLUNTARY PROGRAM OF COUNTRY OF ORIGIN LABELING FOR PERISHABLE AGRICULTURAL COMMODITIES. ``(a) Definition.--In this section the term `perishable agricultural commodity'-- ``(1) means fresh fruits and vegetables of every kind and character, except frozen fruits and vegetables; and ``(2) includes cherries packed in brine as defined by the Secretary in accordance with trade usages. ``(b) Country of Origin Labeling.--The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for perishable agricultural commodities. ``(c) Label.--In the program established under subsection (b), the Secretary shall-- ``(1) create a label to be used to designate the country of origin of perishable agricultural commodities; and ``(2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines appropriate, to designate the country of origin of perishable agricultural commodities. ``(d) Limitation on Use of United States Country of Origin Label.-- A person participating in the program established under subsection (b) may not designate a perishable agricultural commodity as having a United States country of origin unless the perishable agricultural commodity is exclusively grown in the United States. ``(e) Survey of Country of Origin Labeling; Purpose.-- ``(1) Definition.--In this subsection, the term `label' means a method to provide information to consumers by means of a stamp, mark, placard, or other clear and visible sign (including printed packaging, cello wraps, twist ties, brand tags, bands, stickers, or other identifiers) affixed to or placed directly on a perishable agricultural commodity or on the display, holding unit, or bin containing the commodity at the final point of sale. ``(2) Survey required; intervals.--Subject to subsection (f)(2)(C), during the 12-month period beginning on the date of the enactment of the Food Promotion Act of 2004, and every two years thereafter, the Secretary shall conduct, using existing resources, a national survey-- ``(A) to estimate the types and quantities of perishable agricultural commodities sold in the United States that are labeled with respect to country of origin; ``(B) to measure the extent of the voluntary efforts of the perishable agricultural commodity industry to provide country of origin information to consumers, including the overall percentage of perishable agricultural commodities that bear labels with country of origin information; ``(C) to determine methods by which country of origin information is provided with regard to perishable agricultural commodities sold in the United States; ``(D) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are labeled, but for which no country of origin information is provided; ``(E) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are not labeled; ``(F) to estimate the extent of participation in the voluntary program established under subsection (b); and ``(G) to determine whether consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities for sale. ``(3) Location of survey.--The survey may be conducted at retail stores and other locations selected by the Secretary. ``(4) Special considerations.--For the purposes of conducting the survey, the Secretary shall consider-- ``(A) bulk displays containing covered perishable agricultural commodities from more than one country to be labeled with country of origin information if a majority of the perishable agricultural commodities therein bear country of origin labels; and ``(B) label information regarding a State, region, or locality of the United States as information sufficient to identify the United States as the country of origin. ``(f) Use and Availability of Survey Results.-- ``(1) Report to congress.--The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of each survey conducted under subsection (e). ``(2) Subsequent surveys.-- ``(A) Determination of consumer awareness.--In other than the first survey conducted under subsection (e), if the Secretary makes a determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities, the Secretary shall include in the report submitted under paragraph (1) with respect to that survey-- ``(i) specific action steps that would provide the perishable agricultural commodity distribution chain with incentives to increase country of origin labeling levels; and ``(ii) proposed guidelines that would increase the use of country of origin identification labels. ``(B) Effect of failure to ascertain country of origin.--If the Secretary makes the determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall include in the report submitted under paragraph (1) with respect to the second of the two surveys such recommendations as the Secretary determines appropriate regarding ways to increase labeling to achieve that goal. ``(C) Effect of ability to ascertain country of origin.--If the Secretary makes the determination that consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall no longer be required to conduct surveys under such subsection. ``(3) Public availability.--The Secretary shall make the results of each survey conducted under subsection (e) available to the perishable agricultural commodity industry and the public. ``SEC. 284. VERIFICATION. ``The Secretary of Agriculture may require participants in a program of country of origin labeling under section 281, 282, or 283 to maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with the program. ``SEC. 285. ENFORCEMENT. ``(a) Civil Penalty.-- ``(1) Assessment.--The Secretary of Agriculture may assess a civil penalty against a participant in a program of country of origin labeling under section 281, 282, or 283 that purposely or knowingly violates the terms of the program. ``(2) Amount of penalty.--The amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. ``(3) Continuing violation.--Each day during which a violation continues shall be considered to be a separate violation. ``(b) Notice and Hearing.--The Secretary may not assess a penalty under subsection (a) against a person unless the person is given notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, with respect to the violation.''.

Food Promotion Act of 2004 - Amends the Agricultural Marketing of 1946 to replace current mandatory country of origin labeling requirements with voluntary country of origin labeling programs for: (1) meat and meat products; (2) wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and related products; and (3) perishable agricultural commodities. Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations.

To amend the Agricultural Marketing Act of 1946 to establish a voluntary program for the provision of country of origin information with respect to certain agricultural products, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Business Estate Tax Relief Act of 1996''. SEC. 2. FAMILY-OWNED BUSINESS EXCLUSION. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. FAMILY-OWNED BUSINESS EXCLUSION. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the value of the gross estate shall not include the lesser of-- ``(1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or ``(2) $900,000, reduced by the amount of any exclusion allowed under this section with respect to the estate of a previously deceased spouse of the decedent. ``(b) Estates to Which Section Applies.-- ``(1) In general.--This section shall apply to an estate if-- ``(A) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, ``(B) the sum of-- ``(i) the adjusted value of the qualified family-owned business interests described in paragraph (2), plus ``(ii) the amount of the gifts of such interests determined under paragraph (3), exceeds 50 percent of the adjusted gross estate, and ``(C) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(i) such interests were owned by the decedent or a member of the decedent's family, and ``(ii) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent's family in the operation of the business to which such interests relate. ``(2) Includible qualified family-owned business interests.--The qualified family-owned business interests described in this paragraph are the interests which-- ``(A) are included in determining the value of the gross estate (without regard to this section), and ``(B) are acquired by any qualified heir from, or passed to any qualified heir from, the decedent (within the meaning of section 2032A(e)(9)). ``(3) Includible gifts of interests.--The amount of the gifts of qualified family-owned business interests determined under this paragraph is the excess of-- ``(A) the sum of-- ``(i) the amount of such gifts from the decedent to members of the decedent's family taken into account under subsection 2001(b)(1)(B), plus ``(ii) the amount of such gifts otherwise excluded under section 2503(b), to the extent such interests are continuously held by members of such family (other than the decedent's spouse) between the date of the gift and the date of the decedent's death, over ``(B) the amount of such gifts from the decedent to members of the decedent's family otherwise included in the gross estate. ``(c) Adjusted Gross Estate.--For purposes of this section, the term `adjusted gross estate' means the value of the gross estate (determined without regard to this section)-- ``(1) reduced by any amount deductible under paragraph (3) or (4) of section 2053(a), and ``(2) increased by the excess of-- ``(A) the sum of-- ``(i) the amount of gifts determined under subsection (b)(3), plus ``(ii) the amount (if more than de minimis) of other transfers from the decedent to the decedent's spouse (at the time of the transfer) within 10 years of the date of the decedent's death, plus ``(iii) the amount of other gifts (not included under clause (i) or (ii)) from the decedent within 3 years of such date, other than gifts to members of the decedent's family otherwise excluded under section 2503(b), over ``(B) the sum of the amounts described in clauses (i), (ii), and (iii) of subparagraph (A) which are otherwise includible in the gross estate. For purposes of the preceding sentence, the Secretary may provide that de minimis gifts to persons other than members of the decedent's family shall not be taken into account. ``(d) Adjusted Value of the Qualified Family-Owned Business Interests.--For purposes of this section, the adjusted value of any qualified family-owned business interest is the value of such interest for purposes of this chapter (determined without regard to this section), reduced by the excess of-- ``(1) any amount deductible under paragraph (3) or (4) of section 2053(a), over ``(2) the sum of-- ``(A) any indebtedness on any qualified residence of the decedent the interest on which is deductible under section 163(h)(3), plus ``(B) any indebtedness to the extent the taxpayer establishes that the proceeds of such indebtedness were used for the payment of educational and medical expenses of the decedent, the decedent's spouse, or the decedent's dependents (within the meaning of section 152), plus ``(C) any indebtedness not described in clause (i) or (ii), to the extent such indebtedness does not exceed $10,000. ``(e) Qualified Family-Owned Business Interest.-- ``(1) In general.--For purposes of this section, the term `qualified family-owned business interest' means-- ``(A) an interest as a proprietor in a trade or business carried on as a proprietorship, or ``(B) an interest in an entity carrying on a trade or business, if-- ``(i) at least-- ``(I) 50 percent of such entity is owned (directly or indirectly) by the decedent and members of the decedent's family, ``(II) 70 percent of such entity is so owned by members of 2 families, or ``(III) 90 percent of such entity is so owned by members of 3 families, and ``(ii) for purposes of subclause (II) or (III) of clause (i), at least 30 percent of such entity is so owned by the decedent and members of the decedent's family. ``(2) Limitation.--Such term shall not include-- ``(A) any interest in a trade or business the principal place of business of which is not located in the United States, ``(B) any interest in an entity, if the stock or debt of such entity or a controlled group (as defined in section 267(f)(1)) of which such entity was a member was readily tradable on an established securities market or secondary market (as defined by the Secretary) at any time within 3 years of the date of the decedent's death, ``(C) any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent's death would qualify as personal holding company income (as defined in section 543(a)), ``(D) that portion of an interest in a trade or business that is attributable to-- ``(i) cash or marketable securities, or both, in excess of the reasonably expected day- to-day working capital needs of such trade or business, and ``(ii) any other assets of the trade or business (other than assets used in the active conduct of a trade or business described in section 542(c)(2)), the income of which is described in section 543(a) or in subparagraph (B), (C), (D), or (E) of section 954(c)(1) (determined by substituting `trade or business' for `controlled foreign corporation'). ``(3) Rules regarding ownership.-- ``(A) Ownership of entities.--For purposes of paragraph (1)(B)-- ``(i) Corporations.--Ownership of a corporation shall be determined by the holding of stock possessing the appropriate percentage of the total combined voting power of all classes of stock entitled to vote and the appropriate percentage of the total value of shares of all classes of stock. ``(ii) Partnerships.--Ownership of a partnership shall be determined by the owning of the appropriate percentage of the capital interest in such partnership. ``(B) Ownership of tiered entities.--For purposes of this section, if by reason of holding an interest in a trade or business, a decedent, any member of the decedent's family, any qualified heir, or any member of any qualified heir's family is treated as holding an interest in any other trade or business-- ``(i) such ownership interest in the other trade or business shall be disregarded in determining if the ownership interest in the first trade or business is a qualified family- owned business interest, and ``(ii) this section shall be applied separately in determining if such interest in any other trade or business is a qualified family-owned business interest. ``(C) Individual ownership rules.--For purposes of this section, an interest owned, directly or indirectly, by or for an entity described in paragraph (1)(B) shall be considered as being owned proportionately by or for the entity's shareholders, partners, or beneficiaries. A person shall be treated as a beneficiary of any trust only if such person has a present interest in such trust. ``(f) Tax Treatment of Failure To Materially Participate in Business or Dispositions of Interests.-- ``(1) In general.--There is imposed an additional estate tax if, within 10 years after the date of the decedent's death and before the date of the qualified heir's death-- ``(A) the material participation requirements described in section 2032A(c)(6)(B) are not met with respect to the qualified family-owned business interest which was acquired (or passed) from the decedent, ``(B) the qualified heir disposes of any portion of a qualified family-owned business interest (other than by a disposition to a member of the qualified heir's family or through a qualified conservation contribution under section 170(h)), ``(C) the qualified heir loses United States citizenship (within the meaning of section 877) or with respect to whom an event described in subparagraph (A) or (B) of section 877(e)(1) occurs, and such heir does not comply with the requirements of subsection (g), or ``(D) the principal place of business of a trade or business of the qualified family-owned business interest ceases to be located in the United States. ``(2) Additional estate tax.-- ``(A) In general.--The amount of the additional estate tax imposed by paragraph (1) shall be equal to-- ``(i) the applicable percentage of the adjusted tax difference attributable to the qualified family-owned business interest (as determined under rules similar to the rules of section 2032A(c)(2)(B)), plus ``(ii) interest on the amount determined under clause (i) at the underpayment rate established under section 6621 for the period beginning on the date the estate tax liability was due under this chapter and ending on the date such additional estate tax is due. ``(B) Applicable percentage.--For purposes of this paragraph, the applicable percentage shall be determined under the following table: ``If the event described in paragraph (1) occurs in the following year of The applicable material participation: percentage is: 1 through 6................................... 100 7............................................. 80 8............................................. 60 9............................................. 40 10............................................ 20. ``(g) Security Requirements for Noncitizen Qualified Heirs.-- ``(1) In general.--Except upon the application of subparagraph (F) or (M) of subsection (h)(3), if a qualified heir is not a citizen of the United States, any interest under this section passing to or acquired by such heir (including any interest held by such heir at a time described in subsection (f)(1)(C)) shall be treated as a qualified family-owned business interest only if the interest passes or is acquired (or is held) in a qualified trust. ``(2) Qualified trust.--The term `qualified trust' means a trust-- ``(A) which is organized under, and governed by, the laws of the United States or a State, and ``(B) except as otherwise provided in regulations, with respect to which the trust instrument requires that at least 1 trustee of the trust be an individual citizen of the United States or a domestic corporation. ``(h) Other Definitions and Applicable Rules.--For purposes of this section-- ``(1) Qualified heir.--The term `qualified heir'-- ``(A) has the meaning given to such term by section 2032A(e)(1), and ``(B) includes any active employee of the trade or business to which the qualified family-owned business interest relates if such employee has been employed by such trade or business for a period of at least 10 years before the date of the decedent's death. ``(2) Member of the family.--The term `member of the family' has the meaning given to such term by section 2032A(e)(2). ``(3) Applicable rules.--Rules similar to the following rules shall apply: ``(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ``(B) Section 2032A(b)(5) (relating to special rules for surviving spouses). ``(C) Section 2032A(c)(2)(D) (relating to partial dispositions). ``(D) Section 2032A(c)(3) (relating to only 1 additional tax imposed with respect to any 1 portion). ``(E) Section 2032A(c)(4) (relating to due date). ``(F) Section 2032A(c)(5) (relating to liability for tax; furnishing of bond). ``(G) Section 2032A(c)(7) (relating to no tax if use begins within 2 years; active management by eligible qualified heir treated as material participation). ``(H) Section 2032A(e)(10) (relating to community property). ``(I) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ``(J) Section 2032A(f) (relating to statute of limitations). ``(K) Section 6166(b)(3) (relating to farmhouses and certain other structures taken into account). ``(L) Subparagraphs (B), (C), and (D) of section 6166(g)(1) (relating to acceleration of payment). ``(M) Section 6324B (relating to special lien for additional estate tax).''. (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Family-owned business exclusion.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1996. SEC. 3. PORTION OF ESTATE TAX SUBJECT TO 4-PERCENT INTEREST RATE INCREASED TO $1,600,000. (a) In General.--Subparagraph (B) of section 6601(j)(2) of the Internal Revenue Code of 1986 (defining 4-percent portion) is amended by striking ``$345,800'' and inserting ``$600,800''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after December 31, 1996.

Family Business Estate Tax Relief Act of 1996 - Amends the Internal Revenue Code to exclude from a family-owned business' gross estate up to $900,000 of family-owned business interest (in addition to the existing $600,000 estate and gift tax credit), provided that the heirs continue to materially participate in the business for a specified period after the owner's death. Increases the portion of the estate tax subject to the "four- percent" (interest) rule.

Family Business Estate Tax Relief Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tax-Exempt Arena Debt Issuance Act''. SEC. 2. TREATMENT OF TAX-EXEMPT FINANCING OF PROFESSIONAL SPORTS FACILITIES. (a) In General.--Section 141 of the Internal Revenue Code of 1986 (defining private activity bond and qualified bond) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Certain Issues Used for Professional Sports Facilities Treated as Private Activity Bonds.-- ``(1) In general.--For purposes of this title, the term `private activity bond' includes any bond issued as part of an issue if the amount of the proceeds of the issue which are to be used (directly or indirectly) to provide professional sports facilities exceeds the lesser of-- ``(A) 5 percent of such proceeds, or ``(B) $5,000,000. ``(2) Bond not treated as a qualified bond.--For purposes of this title, any bond described in paragraph (1) shall not be a qualified bond. ``(3) Professional sports facilities.--For purposes of this subsection-- ``(A) In general.--The term `professional sports facilities' means real property or related improvements used for professional sports exhibitions, games, or training, regardless if the admission of the public or press is allowed or paid. ``(B) Use for professional sports.--Any use of facilities which generates a direct or indirect monetary benefit (other than reimbursement for out-of pocket expenses) for a person who uses such facilities for professional sports exhibitions, games, or training shall be treated as a use described in subparagraph (A). ``(4) Anti-abuse regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this subsection, including such regulations as may be appropriate to prevent avoidance of such purposes through related persons, use of related facilities or multiuse complexes, or otherwise.'' (b) Effective Date.-- (1) In general.--Except as provided in paragraphs (2), (3), and (5), the amendments made by this section shall apply to bonds issued on or after the first date of committee action. (2) Exception for construction, binding agreements, or approved projects.--The amendments made by this section shall not apply to bonds-- (A) the proceeds of which are used for-- (i) the construction or rehabilitation of a facility-- (I) if such construction or rehabilitation began before September 30, 2001, and was completed on or after such date, or (II) if a State or political subdivision thereof has entered into a binding contract before September 30, 2001, that requires the incurrence of significant expenditures for such construction or rehabilitation, and some of such expenditures are incurred on or after such date; or (ii) the acquisition of a facility pursuant to a binding contract entered into by a State or political subdivision thereof before September 30, 2001, and (B) which are the subject of an official action taken by relevant government officials before September 30, 2001-- (i) approving the issuance of such bonds, or (ii) approving the submission of the approval of such issuance to a voter referendum. (3) Exception for final bond resolutions.--The amendments made by this section shall not apply to bonds the proceeds of which are used for the construction or rehabilitation of a facility if a State or political subdivision thereof has completed all necessary governmental approvals for the issuance of such bonds before September 30, 2001. (4) Significant expenditures.--For purposes of paragraph (2)(A)(i)(II), the term ``significant expenditures'' means expenditures equal to or exceeding 10 percent of the reasonably anticipated cost of the construction or rehabilitation of the facility involved. (5) Exception for certain current refundings.-- (A) In general.--The amendments made by this section shall not apply to any bond the proceeds of which are used exclusively to refund a qualified bond (or a bond which is a part of a series of refundings of a qualified bond) if-- (i) the amount of the refunding bond does not exceed the outstanding principal amount of the refunded bond, (ii) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, and (iii) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of the issuance of the refunding bond. For purposes of clause (ii), average maturity shall be determined in accordance with section 147(b)(2)(A) of the Internal Revenue Code of 1986. (B) Qualified bond.--For purposes of subparagraph (A), the term ``qualified bond'' means any tax-exempt bond to finance a professional sports facility (as defined in section 141(e)(3) of such Code, as added by subsection (a)) issued before the first date of committee action.

Stop Tax-Exempt Arena Debt Issuance Act - Amends the Internal Revenue Code to treat certain bonds used directly or indirectly for financing professional sports facilities as private activity bonds and not as qualified bonds, except for certain in progress or approved projects, facilities with final bond resolutions, and current refundings.

To amend the Internal Revenue Code of 1986 to correct the treatment of tax-exempt financing of professional sports facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Columbia River Habitat Protection and Recreational Access Act of 1997''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The 51-mile stretch of the Columbia River, known as the ``Hanford Reach'', provides 80 percent of the fall Chinook salmon in the river system, critical habitat for wildlife, a high-quality waterfowl sanctuary, as well as numerous scenic, historic, and recreational opportunities for the public. (2) In 1996 Congress, through Public Law 104-333, prohibited damming, dredging, channeling, or other such activities along the Hanford Reach in order to help preserve and protect the unique environmental benefits of the region. (3) The lands surrounding the Hanford Reach area of the Columbia River, Washington, should be properly managed in order to protect plant, fish, wildlife, cultural, recreational, and scenic resources, while preserving access to these lands. (4) Recognizing the unique and pristine values of the area, local citizens in cooperation with Federal and State authorities have developed a comprehensive protection plan which has enhanced salmon habitat along the Hanford Reach. This plan, known as the Vernita Bar Agreement, has preserved the free flowing, riparian character of the Hanford Reach, and serves as a blueprint for further successful management along the Columbia River. (5) Although dozens of local, State, and Federal environmental protection and management laws and regulations exist for the Hanford Reach, management efforts can be better integrated and can lead to more efficient use of public resources and improved habitat and recreation management. (6) Several of the areas adjacent to the Hanford Reach of the Columbia River, including lands known as the Wahluke Slope, currently owned by the United States, have been extensively studied and reviewed through environmental impact statements and have been declared environmentally sound and certified suitable for conveyance. (7) Inasmuch as Federal financial resources are constrained, joint partnerships among Federal, State, and local entities can provide long-term habitat and wildlife management, maintain recreational opportunities, and develop a responsible and environmentally sound local land use plan for the region. (8) The people and the governments of Benton, Franklin, Grant, and Adams Counties desire to enter into such a partnership with the State of Washington and the United States to ensure the continued protection of plant, fish, wildlife, cultural, recreational, and scenic resources on the lands surrounding the Hanford Reach. (9) Such a cooperative partnership will provide a forum for public input from the entire region and ensure the long-term protection of the river as wild, scenic, and accessible. (10) Congress recommends the formation of a commission, of which a majority of the members of such a commission represent the local entities, to ensure that the above goals are achieved and to maintain maximum involvement by the citizens of Benton, Franklin, Grant, and Adams Counties. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Secretary'' means the Secretary of Energy; (2) the term ``Hanford Works'' means the property represented as ``Department of Energy'' under the Land Status Legend on the Bureau of Land Management topographic map of Priest Rapids, Washington, Edition-1991; and (3) the term ``Commission'' means the Hanford Reach Protection and Management Commission. SEC. 4. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS. (a) Authority.--As soon as practicable after the date of the enactment of this Act, the Secretary for no consideration shall convey to the governmental entities referred to in subsection (b) all right, title, and interest of the United States in and to the properties described in subsection (b). (b) Conveyances.-- (1) State of washington.--The Secretary shall convey to the State of Washington the property that consists of the portion of the Hanford Works that runs along both banks of the Columbia River and lies within the one quarter mile to the north of the mean high water mark on the north bank of the Columbia River, and that lies within the one quarter mile to the south of the mean high water mark on the south bank of the Columbia River. (2) Adams county, washington.--The Secretary shall convey to Adams County, Washington, the property that consists of the portion of the Hanford Works that lies within Adams County, Washington. (3) Grant county, washington.--The Secretary shall convey to Grant County, Washington, the property that consists of the portion of the Hanford Works that lies within Grant County, Washington, to the north of the Columbia River and that is not part of the conveyance made pursuant to paragraph (1) of this subsection. (4) Franklin county, washington.--The Secretary shall convey to Franklin County, Washington, the property that consists of the portion of Hanford Works that lies within Franklin County, Washington, to the north of the Columbia River and that is not part of the conveyance made pursuant to paragraph (1) of this subsection. (5) Additional properties.--In addition to properties described in paragraphs (1) through (4), the Secretary may convey to a State or local government referred to in paragraphs (1) through (4) such property within the Hanford Works as the Secretary and the State or local government agree is appropriate to carry out this Act. SEC. 5. TERMS AND CONDITIONS. (a) Special Rules for State of Washington.-- (1) Environmental safety.--The conveyance made under section 4(b)(1) shall be made only after the Administrator of the Environmental Protection Agency certifies to the Secretary that-- (A) the properties described in section 4(b)(1) are clean of hazardous, toxic, or radioactive materials or substances; (B) all corrective, remedial, or response actions have been completed; and (C) all obligations of the Secretary at the Hanford Nuclear Reservation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and other applicable laws have been fulfilled. (2) Federal leaseholds.--Any leasehold interest by any agency of the United States on lands described under section 4(b) shall terminate upon enactment of this Act, and such interest shall be transferred pursuant to section 4. (3) Water rights and utility easements.--The conveyances under section 4 shall be made subject to all existing water rights and all easements and rights of any public and private utility districts which operate and maintain transmission and generation facilities along the lands described under section 4. (b) Establishment of Hanford Reach Protection and Management Commission.--Not later than 6 months after the conveyances under section 4(b)(1) are made, the State of Washington shall enter into a written joint agreement with the governments of Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission as follows: (1) Membership appointment.--The Commission shall be composed of 7 members. As soon as practicable, but not more than 6 months after the date of the enactment of this Act, the members shall be appointed as follows: (A) One member who shall be a resident of Benton County, appointed by the government of such county. (B) One member who shall be a resident of Franklin County, appointed by the government of such county. (C) One member who shall be a resident of Grant County, appointed by the government of such county. (D) One member who shall be a resident of the State of Washington, appointed by the Governor of the State of Washington. (E) One member who shall be a resident of the State of Washington, appointed by the Secretary of Energy. (F) One member who shall be a resident of the State of Washington, appointed by the Secretary of the Interior. (G) One member who shall be a resident of any county in the State of Washington through or along which the Columbia River runs, appointed by a majority vote of the other members of the Commission. (2) Terms of office.--The length of the terms of office of the members appointed under (1) shall be fixed by each appointing governmental entity at the time of appointment, but no term shall exceed 4 years. (3) Vacancy.--Any vacancy that may occur prior to the expiration of a member's term shall be filled for the balance of such term by appointment made by the entity which appointed the vacating member. (4) Restriction.--Except as provided herein, no person shall be appointed to the Commission who is an employee, agent, or independent contractor of the United States or any agency thereof. (5) Failure to appoint.--In the event a member has not been appointed within 6 months of the establishment of the Commission, any such vacancy shall be filled by joint appointment by the governments of Benton, Franklin, and Grant Counties. (6) Establishment of commission authority.--As soon as practicable after the appointment of a majority of the members of the Commission, such members shall be authorized to convene meetings of the Commission and to adopt rules and provisions governing the administration, voting, meeting, terms of service, and finances of the Commission. The first meeting shall be held no later than 1 year from the date of the establishment of the Commission. (7) Development of hanford reach protection and management plan.-- (A) The primary duty of the Commission shall be to develop and implement a plan to manage the lands conveyed pursuant to section 4(b)(1) to protect and enhance plant resources, fish and wildlife resources, cultural resources, recreational access, and other uses or resources prescribed by the Commission. (B) From the date the conveyances under section 4(b)(1) are made until such time as a permanent protection and management plan is approved by the Commission, the lands conveyed pursuant to such section shall be managed under an interim management plan approved by the governments of Benton, Franklin, and Grant Counties, which shall be consistent with the purposes of this Act. (c) Nonperformance of State of Washington, Transfer to and Management by Counties Authorized.--If the State of Washington does not fulfill its obligations under subsection (b), all right, title, and interest to the property conveyed pursuant to section 4(b)(1) shall be transferred to the counties, with the consent of such counties, in which the lands are situated in order to carry out the purposes of this Act, and the governments of such counties shall jointly establish the Commission pursuant to subsection (b) and to provide for the management of the lands conveyed pursuant to section 4(b)(1). (d) Reversion and Right To Reenter.--If the State of Washington does not fulfill its obligations under subsection (b), and if the governments of Benton, Franklin, and Grant Counties do not fulfill their obligations under subsection (c), all right, title, and interest to the property conveyed pursuant to section 4(b)(1) shall revert to the United States and the United States shall have the right of immediate entry thereon. (e) Use of Federal Resources Authorized.--The Secretary of the Interior may enter into agreements with the State of Washington and the governmental entities referred to in paragraphs (1) through (4) of section 4(b) to allow the utilization of personnel, and the provision of technical and financial assistance from the United States Fish and Wildlife Service to assist the county governments in the administration and management of the lands transferred under this Act. (f) Special Rule for Adams County, Grant County, and Franklin County.--The properties described under paragraphs (2) through (4) of section 4(b) shall be conveyed only after Adams County, Grant County, and Franklin County, Washington, have submitted a written report to the Secretary of the Interior which shall include-- (1) a risk analysis of debris slides in the White Bluffs Wasteway; (2) any recommendations necessary to address the risk of such slides; and (3) a comprehensive land use plan of the Wahluke Slope.

Columbia River Habitat Protection and Recreational Access Act of 1997 - Directs the Secretary of Energy to convey to the State of Washington and to Adams, Grant, and Franklin counties in Washington specified portions of the Hanford Works, an area of property along the Columbia River in Washington. Allows such conveyances only after the Administrator of the Environmental Protection Agency has made specified certifications to the Secretary with respect to the appropriate environmental cleanup of such area. Directs the State of Washington to enter into a joint agreement with Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission, which shall develop and implement a plan to manage the lands conveyed by the Secretary in order to protect and enhance plant, fish and wildlife, and cultural resources, as well as recreational access to, and other uses of, Hanford Reach (a 51-mile stretch of land along the Columbia River containing fish, wildlife, and other resources). Requires Adams, Grant, and Franklin Counties to submit to the Secretary: (1) a risk analysis of debris slides in the White Bluffs Wasteway; and (2) a comprehensive land use plan of the Wahluke Slope.

Columbia River Habitat Protection and Recreational Access Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Orthotics and Prosthetics Improvement Act of 2008''. SEC. 2. MODIFICATION OF REQUIREMENTS APPLICABLE UNDER MEDICARE TO DESIGNATION OF ACCREDITATION ORGANIZATIONS FOR SUPPLIERS OF PROSTHETIC DEVICES AND ORTHOTICS AND PROSTHETICS. (a) In General.--Section 1834(a)(20)(B) of the Social Security Act (42 U.S.C. 1395m(a)(20)(B)) is amended-- (1) by striking ``Not later than'' and inserting ``(i) in general.--Subject to clause (ii), not later than'' with the same indentation as the clause added by paragraph (2); and (2) by adding at the end the following new clause: ``(ii) Special requirements for accreditation of prosthetic devices and orthotics and prosthetics.--For purposes of applying quality standards under subparagraph (A) for suppliers of items and services described in subparagraph (D)(ii), the Secretary shall designate and approve an independent accreditation organization under clause (i) only if such organization is a Board or program described in subsection (h)(1)(F)(iv). Not later than January 1, 2009, the Secretary shall ensure that at least one independent accreditation organization is designated and approved in accordance with this clause.''. (b) Effective Date.--An organization must satisfy the requirement of section 1834(a)(20)(B)(ii), as added by subsection (a)(2), not later than January 1, 2009, regardless of whether such organization is designated or approved as an independent accreditation organization before, on, or after the date of the enactment of this Act. SEC. 3. APPLICATION OF EXISTING ACCREDITATION AND LICENSURE REQUIREMENTS FOR CERTAIN PROSTHETICS AND CUSTOM- FABRICATED ORTHOTICS TO PROSTHETIC DEVICES AND ORTHOTICS AND PROSTHETICS. (a) In General.--Section 1834(h)(1)(F) of the Social Security Act (42 U.S.C. 1395m(h)(1)(F)) is amended-- (1) in the heading, by striking ``Special payment rules for certain prosthetics and custom-fabricated orthotics'' and inserting ``Payment rules''; (2) in clause (i), by striking ``an item of custom- fabricated orthotics described in clause (ii) or for an item of prosthetics unless such item is'' and inserting ``a prosthetic device or an item of orthotics or prosthetics, including an item of custom-fabricated orthotics described in clause (ii), unless such device or item, respectively, is''; (3) in clause (ii)(II), by striking ``a list of items to which this subparagraph applies'' and inserting ``a list of items for purposes of clause (i)''; and (4) in clause (iii)(III), by striking ``to provide or manage the provision of prosthetics and custom-designed or - fabricated orthotics'' and inserting ``to provide or manage the provision of prosthetics and orthotics (and custom-designed or -fabricated orthotics, in the case of an item described in clause (iii))''. (b) Effective Date.--The amendments made by subsection (a) shall apply to devices and items furnished on or after January 1, 2009. SEC. 4. REPORTS. (a) Report on Enforcing New Licensing and Accreditation Requirements.--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 steps taken by the Department of Health and Human Services to ensure that the State licensure and accreditation requirements under section 1834(h)(1)(I) of the Social Security Act, as added by section 3, are enforced. Such report shall include a determination of the extent to which payments for prosthetic devices and orthotics and prosthetics under the Medicare program under title XVIII of such Act are made only to those providers of services and suppliers that meet the relevant accreditation and licensure requirements under such section, as well as a determination of whether additional steps are needed. (b) Report on Fraud and Abuse.--Not later than 30 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 effect of the requirements under subsection (a)(20)(B)(ii) of section 1834 of the Social Security Act (42 U.S.C. 1395m), as added by section 2, and subsection (h)(1)(I) of such section, as added by section 3, on the occurrence of fraud and abuse under the Medicare program under title XVIII of such Act, with respect to prosthetic devices and orthotics and prosthetics for which payment is made under such program. SEC. 5. MODIFICATION OF MEDICARE PAYMENT METHODOLOGY FOR PROSTHETIC DEVICES AND ORTHOTICS AND PROSTHETICS. Section 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)) is amended-- (1) in paragraph (1)(B), by striking ``and (H)(i)'' and inserting ``(H)(i), and paragraph (5)''; and (2) by adding at the end the following new paragraph: ``(5) Modification of payment methodology to account for practitioner qualifications and complexity of care.-- ``(A) In general.--The Secretary shall modify the payment basis under paragraph (1)(B) for prosthetic devices and orthotics and prosthetics in a manner that links the complexity of the respective item and the qualifications of the individual or entity furnishing and fabricating such respective item in determining the payment basis for such item. Such modifications shall be implemented in a manner that provides for the application of such modifications to items furnished on or after January 1, 2009. Such modifications shall be designed to result in the same aggregate amount of expenditures for prosthetic devices and orthotics and prosthetics under this section for a year as would be made if this subparagraph did not apply, as estimated by the Secretary. ``(B) Assignment of billing codes.--For purposes of subparagraph (A), in modifying the payment basis under paragraph (1)(B), the Secretary shall utilize and incorporate the `2008 Orthotics and Prosthetics Tripartite Document' a multi-organization compilation of HCPCS codes to assign specific billing codes to the category of orthotics and prosthetics care described in each of clauses (i) through (iv) of subparagraph (C) using the provider qualification designation for each HCPCS code as stated in such document. ``(C) Categories of orthotics and prosthetics care described.-- ``(i) Custom-fabricated category.--The category of orthotics and prosthetics care described in this clause is a category for custom-fabricated devices that are made from detailed measurements, images, or models in accordance with a prescription and that can only be utilized by a specific intended patient. The provider qualification designation for the category shall reflect the following: ``(I) The category of care involves the highest level of complexity with substantial clinical risk. ``(II) The category of care requires a practitioner who is credentialed, certified, or licensed in orthotics or prosthetics, respectively, to insure the comprehensive provision of orthotic care or prosthetic care, respectively. Such care shall be based on sound clinical judgment and technical expertise based on the practitioner's education and clinical training, in order to allow the practitioner to determine the device parameters and design, fabrication process, and functional purpose specific to the needs of the patient to maximize optimal clinical outcomes. ``(ii) Custom-fitted high.--The category of orthotics and prosthetics care described in this clause is a category for prefabricated devices that are manufactured with no specific patient in mind, but that are appropriately sized, adapted, modified, and configured (with the required tools and equipment) to a specific patient in accordance with a prescription. The provider qualification designation for the category shall reflect the following: ``(I) The category of care involves moderate to high complexity with substantial clinical risk. ``(II) The category of care requires a practitioner who is credentialed, certified, or licensed in orthotics or prosthetics or a related field in which orthotics or prosthetics is the primary focus of the course of study, to insure the appropriate provision of orthotic care or prosthetic care, respectively. Such care shall be based on sound clinical judgment and technical expertise based on the practitioner's education and clinical training, in order to allow the practitioner to determine the appropriate device relative to the diagnosis and specific to the needs of the patient to maximize optimal clinical outcomes. ``(iii) Custom-fitted low.--The category of orthotics and prosthetics care described in this clause is a category for prefabricated devices that are manufactured with no specific patient in mind, but that are appropriately sized and adjusted to a specific patient in accordance with a prescription. The provider qualification designation for the category shall reflect the following: ``(I) The category of care involves a low level of complexity and low clinical risk. ``(II) The category of care requires a supplier that is credentialed, certified, or licensed within a limited scope of practice to insure appropriate provision of orthotic care. The supplier's education and training shall insure that basic clinical knowledge and technical expertise is available to confirm successful fit and device compliance with the prescription. ``(iv) Off-the-shelf.--The category of orthotics and prosthetics care described in this clause is a category for prefabricated devices that require minimal self adjustment for appropriate use. The provider qualification designation for the category shall reflect that such devices do not require expertise in trimming, bending, molding, assembling, or customizing to fit the patient and that no formal credentialing, clinical education, or technical training is required to dispense such devices. ``(D) Consultation.--In modifying the payment basis, the Secretary shall consult with appropriate experts in orthotics and prosthetics, including practitioners that furnish devices and items within the categories of prosthetics and orthotics care described in subparagraph (C).''.

Medicare Orthotics and Prosthetics Improvement Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act with respect to recognized independent accreditation organizations which apply quality standards to which suppliers of items and services relating to prosthetic devices and orthotics and prosthetics. Directs the Secretary of Health and Human Services (HHS) to designate and approve an independent accreditation organization for such purposes only if it is the American Board for Certification in Orthotics and Prosthetics, Inc., the Board for Orthotist/Prosthetist Certification, or a program that the Secretary determines has accreditation and approval standards essentially equivalent to those of such a Board. Requires application to prosthetic devices and orthotics and prosthetics generally of existing accreditation and licensure requirements for certain prosthetics and custom-fabricated orthotics. Directs the Secretary to report to Congress on: (1) the steps taken by the Department of HHS to ensure that such licensure and accreditation requirements are enforced; and (2) the effect of the requirements of this Act on the occurrence of fraud and abuse under the Medicare program with respect to prosthetic devices and orthotics and prosthetics. Modifies the Medicare payment methodology for prosthetic devices and orthotics and prosthetics to account for practitioner qualifications and complexity of care.

To amend title XVIII of the Social Security Act to modify the designation of accreditation organizations for prosthetic devices and orthotics and prosthetics, to apply accreditation and licensure requirements to such devices and items for purposes of payment under the Medicare program, and to modify the payment methodology for such devices and items under such program to account for practitioner qualifications and complexity of care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Government Competition Act of 1996''. SEC. 2. FINDINGS. Congress finds and declares that-- (1) private sector business concerns, which are free to respond to the private or public demands of the marketplace, constitute the strength of the American economic system; (2) competitive private enterprises are the most productive, efficient, and effective sources of goods and services; (3) Government competition with the private sector of the economy is detrimental to the American economic system; (4) Government competition with the private sector of the economy is at an unacceptably high level, both in scope and in dollar volume; (5) current law and policy have failed to address adequately the problem of Government competition with the private sector of the economy; and (6) it is in the public interest that the Government establish a consistent policy to rely on the private sector of the economy to provide goods and services necessary for or beneficial to the operation and management of Government agencies and to avoid Government competition with the private sector of the economy. SEC. 3. PROCUREMENT FROM PRIVATE SOURCES. (a) General Rule.--Notwithstanding any other provision of law, except as provided in subsection (b), each agency shall obtain all goods and services necessary for or beneficial to the accomplishment of its authorized functions by procurement from private sources. (b) Exceptions.--Subsection (a) does not apply to the following goods and services required by an agency: (1) Goods or services that are required by a law enacted after the date of the enactment of this Act to be produced or performed, respectively, by the agency. (2) Any goods or services for which the head of the agency determines and certifies to Congress in accordance with regulations promulgated by the Director of the Office of Management and Budget that-- (A) it is necessary in the interests of national security that the Government produce, manufacture, or provide the goods or services; (B) the goods or services are so inherently governmental in nature that it is in the public interest to require production or performance, respectively, by Government employees; or (C) commercial practices are not sufficient to satisfy unique requirements of the agency for the goods or services. SEC. 4. PROCUREMENTS FROM STATE AND LOCAL GOVERNMENTS. In any case in which the head of an agency determines that goods or services required by the agency are so inherently governmental in nature that it is in the public interest to require production or performance, respectively, by Government employees, the head of the agency shall determine whether the requirements of the agency for such goods or services can be satisfied by a State or local government and, if so, shall attempt to procure the goods or services from that source. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Regulations.-- (1) In general.--The Director of the Office of Management and Budget shall promulgate such regulations as the Director considers necessary to carry out sections 3 and 4. (2) Emphasis on procurement from private sources.--The regulations shall emphasize the preference set forth in section 3 for procuring goods and services from private sources. (b) Oversight.--The Director of the Office of Management and Budget and the heads of agencies shall vigorously monitor the compliance of agencies with the requirements of this Act and report to Congress any significant failure of an agency to comply with any such requirement. SEC. 6. STUDY AND REPORT. (a) Study.--The Director of the Office of Management and Budget shall carry out a study to identify all activities of agencies that are inconsistent with the requirements of section 3. (b) Report.-- (1) Requirement.--The Director shall transmit a report on the study to Congress within one year after the date of enactment of this Act. (2) Content.--The report shall include a list of all procurement activities identified by the study and a schedule for the transfer of such activities to the private sector of the economy. The schedule included in the report shall provide for the completion of the transfer within five years after the date on which such report is transmitted to Congress. (c) Coordination With Comptroller General.--The Director-- (1) shall coordinate the study under subsection (a) and the preparation and transmittal of the report under subsection (b) with the Comptroller General of the United States; and (2) in preparing the study, shall obtain representative views of the private sector. SEC. 7. DEFINITIONS. (a) Agency.--As used in this Act, the term ``agency'' means-- (1) an executive department as defined by section 101 of title 5, United States Code; (2) a military department as defined by section 102 of such title; and (3) an independent establishment as defined by section 104(l) of such title. (b) Inherently Governmental Services.--(1) For the purposes of section 3(b)(2)(B), services constituting the performance of an inherently governmental function shall be considered inherently governmental services. (2)(A) For the purposes of paragraph (1), a function shall be considered an inherently governmental function if the function is so intimately related to the public interest as to mandate performance by Government employees. Such functions include activities that require either the exercise of discretion in applying Government authority or the making of value judgments in making decisions for the Government, including judgments relating to monetary transactions and entitlements. An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to-- (i) bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; (ii) determine, protect, and advance its economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; (iii) significantly affect the life, liberty, or property of private persons; (iv) commission, appoint, direct, or control officers or employees of the United States; or (v) exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the control or disbursement of appropriated and other Federal funds. (B) For the purposes of paragraph (1), inherently governmental functions do not normally include-- (i) gathering information for or providing advice, opinions, recommendations, or ideas to Government officials; or (ii) any function that is primarily ministerial or internal in nature (such as building security, mail operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management and operations, or other routine electrical or mechanical services).

Freedom from Government Competition Act of 1996 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, except as specified. Provides for a study and report.

Freedom from Government Competition Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Research, Imaging, and Men's Education Act'' or the ``PRIME Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Prostate cancer has reached epidemic proportions, particularly among African-American men, and strikes and kills men in numbers comparable to the number of women who lose their lives from breast cancer. (2) Life-saving breakthroughs in screening, diagnosis, and treatment of breast cancer resulted from the development of advanced imaging technologies led by the Federal Government. (3) Men should have accurate and affordable prostate cancer screening exams and minimally-invasive treatment tools, similar to what women have for breast cancer. (4) While it is important for men to take advantage of current prostate cancer screening techniques, a recent NCI- funded study demonstrated that the most common available methods of detecting prostate cancer (PSA blood test and physical exams) are not foolproof, causing numerous false alarms and false reassurances. (5) The absence of advanced imaging technologies for prostate cancer causes the lack of accurate information critical for clinical decisions, resulting in missed cancers and lost lives, as well as unnecessary and costly medical procedures, with related complications. (6) With prostate imaging tools, men and their families would face less physical, psychological, financial and emotional trauma and billions of dollars could be saved in private and public health care systems. SEC. 3. RESEARCH AND DEVELOPMENT OF PROSTATE CANCER IMAGING TECHNOLOGIES. (a) Expansion of Research.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the National Institutes of Health and in consultation with the Secretary of Defense, shall carry out a program to expand and intensify research to develop innovative advanced imaging technologies for prostate cancer detection, diagnosis, and treatment comparable to state-of-the-art mammography technologies. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000 for each of fiscal years 2008 through 2012. SEC. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. (a) National Campaign.--The Secretary shall carry out a national campaign to increase the awareness and knowledge of Americans with respect to the need for prostate cancer screening and for improved detection technologies. (b) Requirements.--The national campaign conducted under subsection (a) shall include-- (1) roles for the Health Resources Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the Office of Minority Health of the Centers for Disease Control and Prevention; and (2) the development and distribution of written educational materials, and the development and placing of public service announcements, that are intended to encourage men to seek prostate cancer screening and to create awareness of the need for improved imaging technologies for prostate cancer detection and minimally invasive treatment. (c) Racial Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address the racial disparities in the incidences of prostate cancer and mortality rates with respect to such disease. (d) Grants.--The Secretary shall establish a program to award grants to nonprofit private entities to enable such entities to test alternative outreach and education strategies to increase the awareness and knowledge of Americans with respect to the need for prostate cancer screening and improved imaging technologies. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2008 through 2012. SEC. 5. IMPROVING PROSTATE CANCER SCREENING BLOOD TESTS. (a) In General.--The Secretary, in coordination with the Secretary of Defense, shall carry out research to develop an improved prostate cancer screening blood test using in-vitro detection. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2008 through 2012. SEC. 6. REPORTING AND COMPLIANCE. (a) Report and Strategy.--Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that details the strategy of the Secretary for implementing the requirements of this Act and the status of such efforts. (b) Full Compliance.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that-- (1) contains assurances that the provisions of this Act are fully implemented; and (2) certifies such compliance, or in the case of a Federal agency that has not complied, an explanation as to such failure to comply.

Prostate Research, Imaging, and Men's Education Act or the PRIME Act - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to expand and intensify research to develop advanced imaging technologies for prostate cancer detection, diagnosis, and treatment comparable to mammogram technology. Directs the Secretary: (1) to carry out a national campaign to increase awareness and knowledge with respect to the need for prostate cancer screening and for improved detection technologies; (2) in developing such campaign, to recognize and address the racial disparities in the incidences of prostate cancer and mortality rates; (3) to establish a program to award grants to nonprofit private entities to test alternative outreach and education strategies; (4) to carry out research to develop an improved prostate cancer screening blood test using in-vitro detection; and (5) to certify compliance with this Act within one year.

A bill to provide for prostate cancer imaging research and education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Reliability for Our Producers Act'' or ``CROP Act''. SEC. 2. ADVANCE PAYMENTS FOR UNDERSERVED REGIONS AND CROPS. Section 522(b)(2) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)(2)) is amended by striking subparagraph (E) and inserting the following: ``(E) Approval.-- ``(i) In general.--The Board may approve up to 75 percent of the projected total research and development costs to be paid in advance to an applicant, in accordance with the procedures developed by the Board for the making of the payments, if, after consideration of the reviewer reports described in subparagraph (D) and such other information as the Board determines appropriate, the Board determines-- ``(I) the concept, in good faith, will likely result in a viable and marketable policy consistent with section 508(h); ``(II) in the sole opinion of the Board, the concept, if developed into a policy and approved by the Board, would provide crop insurance coverage-- ``(aa) in a significantly improved form; ``(bb) to a crop or region not traditionally served by the Federal crop insurance program; or ``(cc) in a form that addresses a recognized flaw or problem in the program; ``(III) the applicant agrees to provide such reports as the Corporation determines are necessary to monitor the development effort; ``(IV) the proposed budget and timetable are reasonable; and ``(V) the concept proposal meets any other requirements that the Board determines appropriate. ``(ii) Waiver.--The Board may waive the cap specified in clause (i) on the advance payment of costs and pay more of the projected total research and development costs in advance if, in the sole discretion of the Board, the Board determines that the concept proposal provides coverage for a region or crop that is underserved by the Federal crop insurance program, including specialty crops.''. SEC. 3. AUTHORITY TO CONDUCT RESEARCH AND DEVELOPMENT. (a) In General.--Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended-- (1) in the subsection heading by striking ``Contracting''; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking ``may enter into contracts to carry out research and development to'' and inserting ``may conduct activities or enter into contracts to carry out research and development to maintain or improve existing policies or develop new policies to''; (3) in paragraph (2)-- (A) in subparagraph (A), by inserting ``conduct research and development or'' after ``The Corporation may''; and (B) in subparagraph (B), by inserting ``conducting research and development or'' after ``Before''; (4) in paragraph (5), by inserting ``after expert review in accordance with section 505(e)'' after ``approved by the Board''; and (5) in paragraph (6), by striking ``a pasture, range, and forage program'' and inserting ``policies that increase participation by producers of underserved agricultural commodities, including specialty crops''. (b) Funding.--Section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) is amended-- (1) in paragraph (2)-- (A) by striking ``(A) Authority.--'' and inserting ``(A) Conducting and contracting for research and development.--''; (B) in subparagraph (A), by inserting ``conduct research and development and'' after ``the Corporation may use to''; and (C) in subparagraph (B), by inserting ``conduct research and development and'' after ``for the fiscal year to''; (2) in paragraph (3), by striking ``to provide either reimbursement payments or contract payments''; and (3) by striking paragraph (4).

Creating Reliability for Our Producers Act or CROP Act - Amends the Federal Crop Insurance Act to revise crop insurance provisions regarding approval of advance payments for a portion of specialty crop research and development costs.

CROP Act

That this Act may be cited as the ``Agricultural Commodity Export Expansion Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) agricultural commodity exports are essential to the economic well-being of the United States farmers and ranchers and related industries and to the entire United States economy; (2) the United States exports the commodity production from one-third of its harvested acreage, worth over $40,000,000,000 in exports, and one million Americans in the United States labor force depend on agricultural commodity exports for their jobs; (3) the newly-formed Republics of the former Soviet Union are struggling to put in place the institutions of democratic government and free market economies and have great need to import agricultural commodities and products to sustain that effort and achieve any measure of success; (4) the former Soviet Union has been the largest importer of United States grain and the new Republics represent an important market in the future for United States agricultural commodities and products; (5) the virtual cessation in recent months of United States agricultural exports to the Republics of the former Soviet Union has created an adverse impact on the markets for the commodities held by United States agricultural producers and is estimated to result in a $1,300,000,000 addition to the United States deficit if not reversed; (6) the abundant natural resources of the Republics of the former Soviet Union and the capacity to produce revenues through the development of those resources provide assurance of their ability to repay direct loans and loan guarantees extended by the United States for the export of agricultural commodities and products within a reasonable time; and (7) in addition to the authority to provide direct loans and credit guarantees and in order to develop, maintain, and expand foreign markets for United States agricultural products under the Agricultural Trade Act of 1978, the Secretary of Agriculture-- (A) has been provided the authority to institute a program in which agricultural commodities and products may be provided to importing countries through barter in exchange for foreign products from such importing countries; (B) may initiate a variation of the Export Enhancement Program, the Dairy Export Incentive Program, and the Sunflower Oil Assistance Program that allows sales to third-country buyers for commodities destined to the Republics of the former Soviet Union wherein such buyers are also third-country purchasers of goods exported from the Republics of the former Soviet Union and such buyers rely on compensatory forms of trade such as barter, countertrade, offset arrangements and escrow accounts to be eligible for U.S. Department of Agriculture trade program bonuses; and (C) may initiate a program through which payment for United States agricultural commodities can be made by recipient countries based on the future sales of their abundant natural resources. SEC. 3. RESTRICTIONS FOR DIRECT LOANS. Section 201(f) of the Agricultural Trade Act of 1978 (7 U.S.C. 5621(f)) is amended to read as follows-- ``(f) Restrictions.--In determining whether to make export sales financing authorized under this section available in connection with sales of agricultural commodities, the Commodity Credit Corporation shall take into account-- ``(1) the credit needs of countries that are potential purchasers of United States agricultural exports; ``(2) the long-term repayment ability of such countries; and ``(3) whether the availability of Commodity Credit Corporation financing will maintain or improve the competitive position of the United States agricultural exports in world markets.''. SEC. 4. RESTRICTIONS FOR CREDIT GUARANTEES. Section 202(f) of the Agricultural Trade Act of 1978 (7 U.S.C. 5622(f)) is amended to read as follows-- ``(f) Restrictions.--In determining whether to make credit guarantees available in connection with sales of agricultural commodities under this section, the Commodity Credit Corporation shall take into account-- ``(1) the credit needs of countries that are potential purchasers of United States agricultural exports; ``(2) the long-term repayment ability of such countries; and ``(3) whether the availability of Commodity Credit Corporation guarantees will maintain or improve the competitive position of the United States agricultural exports in world markets.''.

Agricultural Commodity Export Expansion Act of 1993 - Amends the Agricultural Trade Act of 1978 to revise restrictions for the agricultural export direct credit and credit guarantee programs.

Agricultural Commodity Export Expansion Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Outsourcing Prevention Act''. SEC. 2. TRANSFER OF PERSONS. (a) Reports to Congress.--Beginning 30 days after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall complete and submit to the appropriate congressional committees a list of countries where there are substantial grounds for believing that torture or cruel, inhuman, or degrading treatment is commonly used in the detention or interrogation of individuals. The list shall be compiled on the basis of the information contained in the most recent annual report of the Secretary of State submitted to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate under section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)). (b) Prohibition on Transferring Persons.--Any person who is imprisoned, detained, or held for transfer to another country by, or is otherwise in the custody or control of, a department, agency, or official of the United States Government, or any contractor of any such department or agency, may not, regardless of the nationality or location of that person, be rendered, returned, or otherwise transferred-- (1) to a country included on the most recent list submitted under subsection (a), for the purpose of detention, interrogation, trial, or otherwise; or (2) to any other country if there are substantial grounds to believe that the person will be transferred to a country included in the most recent list submitted under subsection (a). (c) Process.--A person may not, regardless of the nationality or location of the person, be rendered, returned, or otherwise transferred by a department, agency, or official of the United States Government, or any contractor of any such department or agency, to any country not otherwise described in paragraph (1) or (2) of subsection (b), unless the person has been given an opportunity to challenge the rendering, return, or transfer in a court in the United States of competent jurisdiction, on the grounds that the person would, upon such rendering, return, or transfer, be in danger of being subjected to torture or cruel, inhuman, or degrading treatment. (d) Waivers.-- (1) Authority.--The Secretary of State may waive the prohibition contained in subsection (b) with respect to the government of a country if the Secretary certifies to the appropriate congressional committees that-- (A) that government has ended the acts of torture or cruel, inhuman, or degrading treatment that were the basis for the inclusion of that country on the list; and (B) there is in place a mechanism that assures the United States in a verifiable manner that a person rendered, returned, or otherwise transferred will not be tortured or subjected to cruel, inhuman, or degrading treatment in that country, including, at a minimum, immediate, unfettered, and continuing access, from the point of return, to each such person by an independent humanitarian organization. (2) Assurances insufficient.--Written or verbal assurances made to the United States by the government of a country that persons rendered, returned, or otherwise transferred to the country will not be tortured or subjected to cruel, inhuman, or degrading treatment, are not sufficient to meet the requirements of paragraph (1)(B). (e) Treaty-Based Extradition Exemption.-- (1) Exemption.--The prohibition contained in subsection (b) shall not be construed to apply to the legal extradition of a person under a bilateral or multilateral extradition treaty if, prior to such extradition, that person has recourse to a court in the United States of competent jurisdiction to challenge the extradition on the basis that there are substantial grounds for believing that the person would be in danger of being subjected to torture or cruel, inhuman, or degrading treatment in the country requesting such extradition. (2) Assurances insufficient.--Written or verbal assurances made to the United States by the government of a country that persons rendered, returned, or otherwise transferred to the country will not be tortured or subjected to cruel, inhuman, or degrading treatment, are not a sufficient basis for believing that the person would not be in subjected to torture or cruel, inhuman, or degrading treatment in the country requesting such extradition pursuant to paragraph (1). SEC. 3. IMPLEMENTATION OF OBLIGATION NOT TO RETURN TO RISK OF TORTURE. (a) In General.--Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (8 U.S.C. 1231 note) is amended by striking subsection (b) and inserting the following: ``(b) Regulations.-- ``(1) Issuance.--Not later than 120 days after the date of the enactment of the Torture Outsourcing Prevention Act, the heads of the appropriate Government agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations and provisos contained in the United States Senate resolution of ratification of the Convention. ``(2) Requirements of regulations.--Regulations issued by the head of an agency under paragraph (1) shall set forth-- ``(A) the responsibilities of the agency, its employees, and its contractors to comply, both within and outside of the United States, with the obligations of the United States under Article 3 of the Convention Against Torture referred to in paragraph (1); and ``(B) the process by which a person may raise and adjudicate in an independent judicial forum a claim that his or her transfer would be in violation of Article 3 of the Convention Against Torture referred to in paragraph (1), including the process by which the individual being transferred can challenge any diplomatic or other assurances received from the government to which the individual would be returned that the individual will not be subjected to torture or ill treatment. ``(3) Definition.--For purposes of this subsection, the term `appropriate Government agencies' means the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), the Departments of State, Defense, Homeland Security, and Justice, the United States Secret Service, the United States Marshals Service, and any other law enforcement, national security, intelligence, or homeland security agency that imprisons, detains, or transfers prisoners or detainees, or that otherwise takes or assumes custody of persons or transfers persons to another country.''. (b) Existing Regulations.-- (1) In general.--The amendment made by subsection (a) does not nullify any regulations issued by an agency, before the effective date of this Act, under section 2242(b) of the Foreign Affairs Reform and Restructuring Act of 1998. In such a case, the agency shall amend such regulations to comply with the amendment made by subsection (a) of this section. (2) Special rule concerning immigration laws.-- Notwithstanding any other provision of this Act, or any amendment made by this Act, nothing in this Act shall be construed to affect immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or regulations issued pursuant to immigration laws, except that the Secretary of Homeland Security, not later than 120 days after the date of the enactment of this Act, shall revise the regulations issued by the Secretary to implement section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (8 U.S.C. 1231 note) so as to ensure that written or verbal assurances made by the government of a country that a person in immigration proceedings in the United States (including asylum proceedings) will not be tortured or subjected to cruel, inhuman, or degrading treatment if the person is removed by the United States to the country are not, standing alone, a sufficient basis for believing that the person would not be tortured or subjected to such treatment if the person were removed to the country. SEC. 4. SAVINGS CLAUSE. Nothing in this Act or the amendments made by this Act shall be construed to eliminate, limit, or constrain in any way the rights that an individual has under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or any other applicable law. SEC. 5. EFFECTIVE DATE. This Act takes effect on the date that is 30 days after the date of the enactment of this Act.

Torture Outsourcing Prevention Act - Directs the Secretary of State to submit to the appropriate congressional committees an annual list of countries where there are substantial grounds for believing that torture, cruel, or degrading treatment is commonly used in the detention or interrogation of individuals. Prohibits the direct or indirect transfer or return of persons by the United States for the purpose of detention, interrogation, trial, or otherwise to a listed country. Sets forth conditions under which: (1) the Secretary may waive such transfer prohibition; and (2) a treaty-based transfer may occur. Prohibits the transfer from the United States of any person to a non-listed country without an opportunity to challenge such transfer on the grounds of being subjected to torture or cruel or degrading treatment. Amends the Foreign Affairs Reform and Restructuring Act of 1998 to direct the appropriate government agencies to prescribe regulations to implement U.S. obligations under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

To prohibit the return or other transfer of persons by the United States, for the purpose of detention, interrogation, trial, or otherwise, to countries where torture or other inhuman treatment of persons occurs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeal ID Act of 2017''. SEC. 2. REPEAL OF REQUIREMENTS FOR UNIFORM STATE DRIVER'S LICENSES AND STATE IDENTIFICATION CARDS. (a) Repeal.--Title II of the Real ID Act of 2005 (division B of Public Law 109-13) is amended by striking sections 201 through 205 (49 U.S.C. 30301 note). (b) Conforming Amendments.-- (1) Criminal code.--Section 1028(a)(8) of title 18, United States Code, is amended by striking ``false or actual authentication features'' and inserting ``false identification features''. (2) Intelligence reform and terrorism prevention act of 2004.-- (A) In general.--Subtitle B of title VII of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is amended by inserting after section 7211 the following: ``SEC. 7212. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS. ``(a) Definitions.--In this section: ``(1) Driver's license.--The term `driver's license' means a motor vehicle operator's license (as defined in section 30301(5) of title 49, United States Code). ``(2) Personal identification card.--The term `personal identification card' means an identification document (as defined in section 1028(d)(3) of title 18, United States Code) that has been issued by a State. ``(b) Standards for Acceptance by Federal Agencies.-- ``(1) In general.-- ``(A) Limitation on acceptance.--No Federal agency may accept, for any official purpose, a driver's license or personal identification card newly issued by a State more than 2 years after the promulgation of the minimum standards under paragraph (2) unless the driver's license or personal identification card conforms to such minimum standards. ``(B) Date for conformance.--The Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall establish a date after which no driver's license or personal identification card shall be accepted by a Federal agency for any official purpose unless such driver's license or personal identification card conforms to the minimum standards established under paragraph (2). The date shall be as early as the Secretary determines it is practicable for the States to comply with such date with reasonable efforts. ``(C) State certification.-- ``(i) In general.--Each State shall certify to the Secretary of Transportation that the State is in compliance with the requirements of this section. ``(ii) Frequency.--Certifications under clause (i) shall be made at such intervals and in such a manner as the Secretary of Transportation, with the concurrence of the Secretary of Homeland Security, may prescribe by regulation. ``(iii) Audits.--The Secretary of Transportation may conduct periodic audits of each State's compliance with the requirements of this section. ``(2) Minimum standards.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall establish, by regulation, minimum standards for driver's licenses or personal identification cards issued by a State for use by Federal agencies for identification purposes that shall include-- ``(A) standards for documentation required as proof of identity of an applicant for a driver's license or personal identification card; ``(B) standards for the verifiability of documents used to obtain a driver's license or personal identification card; ``(C) standards for the processing of applications for driver's licenses and personal identification cards to prevent fraud; ``(D) standards for information to be included on each driver's license or personal identification card, including-- ``(i) the person's full legal name; ``(ii) the person's date of birth; ``(iii) the person's gender; ``(iv) the person's driver's license or personal identification card number; ``(v) a digital photograph of the person; ``(vi) the person's address of principal residence; and ``(vii) the person's signature; ``(E) standards for common machine-readable identity information to be included on each driver's license or personal identification card, including defined minimum data elements; ``(F) security standards to ensure that driver's licenses and personal identification cards are-- ``(i) resistant to tampering, alteration, or counterfeiting; and ``(ii) capable of accommodating and ensuring the security of a digital photograph or other unique identifier; and ``(G) a requirement that a State confiscate a driver's license or personal identification card if any component or security feature of the license or identification card is compromised. ``(3) Content of regulations.--The regulations required under paragraph (2)-- ``(A) shall facilitate communication between the chief driver licensing official of a State, an appropriate official of a Federal agency and other relevant officials, to verify the authenticity of documents, as appropriate, issued by such Federal agency or entity and presented to prove the identity of an individual; ``(B) may not infringe on a State's power to set criteria concerning what categories of individuals are eligible to obtain a driver's license or personal identification card from that State; ``(C) may not require a State to comply with any such regulation that conflicts with or otherwise interferes with the full enforcement of State criteria concerning the categories of individuals that are eligible to obtain a driver's license or personal identification card from that State; ``(D) may not require a single design to which driver's licenses or personal identification cards issued by all States must conform; and ``(E) shall include procedures and requirements to protect the privacy rights of individuals who apply for and hold driver's licenses and personal identification cards. ``(4) Negotiated rulemaking.-- ``(A) In general.--Before publishing the proposed regulations required by paragraph (2) to carry out this title, the Secretary of Transportation shall establish a negotiated rulemaking process pursuant to subchapter IV of chapter 5 of title 5, United States Code (5 U.S.C. 561 et seq.). ``(B) Representation on negotiated rulemaking committee.--Any negotiated rulemaking committee established by the Secretary of Transportation pursuant to subparagraph (A) shall include representatives from-- ``(i) among State offices that issue driver's licenses or personal identification cards; ``(ii) among State elected officials; ``(iii) the Department of Homeland Security; and ``(iv) among interested parties. ``(C) Time requirement.--The process described in subparagraph (A) shall be conducted in a timely manner to ensure that-- ``(i) any recommendation for a proposed rule or report is provided to the Secretary of Transportation not later than 9 months after the date of enactment of this Act and shall include an assessment of the benefits and costs of the recommendation; and ``(ii) a final rule is promulgated not later than 18 months after the date of enactment of this Act. ``(c) Grants to States.-- ``(1) Assistance in meeting federal standards.--Beginning on the date a final regulation is promulgated under subsection (b)(2), the Secretary of Transportation shall award grants to States to assist them in conforming to the minimum standards for driver's licenses and personal identification cards set forth in the regulation. ``(2) Allocation of grants.--The Secretary of Transportation shall award grants to States under this subsection based on the proportion that the estimated average annual number of driver's licenses and personal identification cards issued by a State applying for a grant bears to the average annual number of such documents issued by all States. ``(3) Minimum allocation.--Notwithstanding paragraph (2), each State shall receive not less than 0.5 percent of the grant funds made available under this subsection. ``(d) Extension of Effective Date.--The Secretary of Transportation may extend the date specified under subsection (b)(1)(A) for up to 2 years for driver's licenses issued by a State if the Secretary determines that the State made reasonable efforts to comply with the date under such subsection but was unable to do so. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section.''. (B) Effective date.--Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, as added by subparagraph (A), shall take effect as if included in the original enactment of such Act on December 17, 2004.

Repeal ID Act of 2017 This bill repeals provisions of the REAL ID Act of 2005 that prohibit federal agencies from accepting state-issued driver's licenses or identification cards that do meet minimum specified security requirements. The bill directs the Department of Transportation (DOT) to establish minimum standards for federal agency acceptance of state-issued driver's licenses and personal identification cards for purposes of identification. A federal agency may not accept such a driver's license or identification card issued more than two years after promulgation of such standards unless it conforms with such standards. Each state shall certify to DOT that the state is in compliance with such standards. DOT shall award grants to assist states to conform driver's licenses and identification cards to such standards.

Repeal ID Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``ACO Improvement Act of 2016''. SEC. 2. MEDICARE ACO PROGRAM IMPROVEMENTS. (a) Improving Outcomes Through Greater Beneficiary Engagement.-- (1) In general.--Section 1899 of the Social Security Act (42 U.S.C. 1395jjj) is amended by adding at the end the following new subsection: ``(l) Improving Outcomes Through Greater Beneficiary Engagement.-- ``(1) Use of beneficiary incentives.--Subject to approval of the Secretary, the Secretary shall permit an ACO-- ``(A) to reduce or eliminate cost-sharing otherwise applicable under part B for some or all primary care services (as identified by the ACO) furnished by health care professionals (including, as applicable, professionals furnishing services through a rural health clinic or Federally qualified health center) within the network of the ACO; and ``(B) to develop additional incentives to encourage patient engagement and participation in their own wellness. The cost of the incentives under this paragraph shall be borne by the ACO and shall not affect the payments to the ACO under subsection (d). ``(2) Fostering stronger patient-provider ties.-- ``(A) Permitting prospective assignment of beneficiaries.-- ``(i) In general.--Subject to clause (ii), in carrying out subsection (c) with respect to any agreement with an ACO under this section, the ACO may elect under any such agreement prospective assignment of Medicare fee-for- service beneficiaries before the beginning of a year to the ACO and a primary care ACO professional. ``(ii) Beneficiary selection of primary care aco professionals.--The Secretary shall permit a beneficiary to select the primary care ACO professional within the ACO to which the beneficiary is assigned. ``(B) Inclusion of aco information in welcome to medicare visit and annual wellness visits.--The Secretary may encourage a primary care ACO professional to include, as part of the initial preventive physical examination under section 1861(ww)(1) or personalized prevention plan services under section 1861(hhh)(1) for a Medicare fee-for-service beneficiary assigned to that professional under this section, to provide the beneficiary with information concerning the ACO program under this section, including information on any cost- sharing reductions allowed under this section. ``(3) Moving from volume to value.--Subject to paragraph (4)-- ``(A) Regulatory relief for moving to two-sided risk.--In the case of an ACO that has elected a two- sided risk model (as provided for under regulations), in addition to the authority provided under paragraph (1), the Secretary shall provide the following regulatory relief: ``(i) 3-day prior hospitalization waiver for snf services.--Waiver of the 3-day prior hospitalization requirement for coverage of skilled nursing facility services. ``(ii) Homebound requirement waiver for home health services.--Waiver of the homebound requirement for coverage of home health services. ``(B) Improving care coordination through access to telehealth.-- ``(i) Flexibility in furnishing telehealth services.--In applying section 1834(m) in the case of an ACO, the Secretary shall grant a waiver, and the ACO may elect, to have the limitations on originating site (under paragraph (4)(C) of such section) and on the use of store-and-forward technologies (under paragraph (1) of such section) not apply. The previous sentence shall not be construed as affecting the authority of the Secretary under subsection (f) to waive other provisions of such section. ``(ii) Provision of remote monitoring in connection with home health services.--Nothing in this section shall be construed as preventing an ACO from paying for remote patient monitoring and home-based video conferencing services in connection with the provision of home health services (under conditions for which payment for such services would not be made under section 1895 for such services) in a manner that is financially not more expensive than the furnishing of a home health visit. ``(C) Moving up risk track annually.--Each year of an agreement period, the Secretary shall permit an ACO to make an election to assume greater risk. ``(4) Discretionary revocation.--The Secretary may revoke, at the Secretary's discretion, a waiver granted under paragraph (3). ``(5) Provisions for sharing of internal cost savings.-- ``(A) In general.--Subject to the succeeding provisions of this paragraph, the Secretary shall permit an ACO to distribute internal cost savings among ACO participants pursuant to an internal cost savings sharing arrangement if the arrangement meets the requirements of subparagraph (B) and the ACO meets the reporting requirements of subparagraph (C) with respect to such arrangement. ``(B) Requirements relating to design of arrangement.--The requirements of this subparagraph for an internal cost savings sharing arrangement of an ACO are as follows: ``(i) No reduction in medically necessary care.--ACO participants may not reduce or limit medically necessary items and services furnished to Medicare fee-for-service beneficiaries. ``(ii) Voluntary participation.-- Participation by providers of services and suppliers in the arrangement is voluntary. ``(iii) Transparency.--The arrangement is transparent and subject to audit by the Secretary. ``(iv) Quality of care.--ACO participants participating in the arrangement meet quality performance standards established by the Secretary under subsection (b)(3). ``(v) Payment methodology.--Distributions of internal cost savings under the arrangement is not based on the volume or value of referrals or business otherwise generated. ``(C) Reporting requirements.--The requirements of this subparagraph for an arrangement of an ACO is that the ACO provides the following information to the Secretary for purposes of evaluating the arrangement: ``(i) Methodology.--The methodology for distributions of internal cost savings under the arrangement among all ACO participants, including the frequency of and the criteria for such distributions. ``(ii) Care redesign.--A detailed explanation of how the arrangement will achieve improved quality and patient experience, as well as the anticipated cost savings. ``(iii) Eligibility to participate in arrangement.--The criteria for participation by ACO participants, particularly professionals, in the arrangement. ``(iv) Distribution plan.--A comprehensive plan for distributions of internal cost savings under the arrangement. ``(D) Waivers.--The Secretary shall waive such provisions of this title and title XI as may be necessary to carry out this paragraph. ``(E) Definitions.--In this paragraph: ``(i) Internal cost savings sharing arrangement.--The term `internal cost savings sharing arrangement' means an arrangement among ACO participants of an ACO for the distributions of internal cost savings to such ACO participants, including to ACO professionals, solely from gains or savings that are a direct result of collaborative efforts among ACO participants of an ACO to improve the quality and efficiency of care furnished to Medicare fee-for-service beneficiaries, but does not include shared savings under subsection (d)(2). ``(ii) Distribution of internal cost savings.--The term `distribution of internal cost savings' means a payment of a percentage of the gains or savings from an internal cost savings sharing arrangement to ACO participants. ``(iii) ACO participants.--The term `ACO participants' means providers of services and suppliers participating in an ACO who voluntarily participate in an internal cost savings sharing arrangement under this paragraph.''. (2) Effective date.--The amendment made by paragraph (1) shall apply as if included in the enactment of section 3022 of Public Law 111-148. (3) Conforming amendment.--Effective as if included in the enactment of section 3021 of Public Law 111-148, the provisions of section 1899(l)(5) of the Social Security Act (relating to authority for distributions of internal cost savings under internal cost savings sharing arrangements), as added by paragraph (1), shall apply to participants in accountable care organization payment and service delivery models (and other appropriate models) tested pursuant to section 1115A of the Social Security Act (42 U.S.C. 1315a). (b) Study and Report on Feasibility on Providing Electronic Access to Medicare Claims Data.-- (1) Study.--The Secretary of Health and Human Services shall conduct a study regarding the feasibility of establishing a system of electronic access of providers of services and suppliers to in-process and complete patient claims data. Such system may be a modification of an existing database, such as the Virtual Research Data Center. The study shall take into account the measures needed to ensure the security and privacy of beneficiary and provider information. (2) Report.--Not later than six months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on such study. The Secretary shall include in such report such recommendations as the Secretary deems appropriate. (c) Assignment Taking Into Account Services of Non-Physician Practitioners in Cases of ACOs in Rural or Underserved Areas or Affiliated With an FQHC or Rural Health Clinic.--Section 1899(c) of the Social Security Act (42 U.S.C. 1395jjj(c)) is amended by inserting before the period at the end the following: ``, except that, for performance years beginning on or after January 1, 2017, in the case of an ACO that is located in a rural or medically underserved area or that is affiliated with a Federally qualified health center or rural health clinic, such determination shall be based on their utilization of primary care services provided under this title by any ACO professional''. (d) Permitting De Minimis Variation From Minimum Enrollment Requirement.--Section 1899(b)(2)(D) of the Social Security Act (42 U.S.C. 1395jjj(b)(2)(D)) is amended by inserting before the period at the end the following: ``, except that the Secretary may permit an ACO with fewer than 5,000 participants by a de minimis number (not to exceed 100) to be eligible to continue to participate in cases where such fewer number does not negatively impact the ACO's participation in the program and the ACO meets other conditions to be so eligible''. (e) Payments for Shared Savings.--Section 1899(d)(2) of the Social Security Act (42 U.S.C. 1395jjj(d)(2)) is amended by adding at the end the following: ``For plan years beginning on or after January 1, 2017, the Secretary may use a sliding scale to increase by up to 10 percentage points the appropriate percent otherwise applied under this paragraph for an ACO that achieves the median of quality performance standards, or achieves quality improvement scores above such median, established under subsection (b)(3). The Secretary shall not decrease such appropriate percent otherwise applied to an ACO because of the application of an increase under the previous sentence for another ACO.''. (f) Demonstration for Allowing Growth of HCC Scores.--Section 1899(d)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1395jjj(d)(1)(B)(ii)) is amended by adding at the end the following: ``In carrying out this subsection, the Secretary shall establish a 3- year demonstration project that develops and applies a methodology, similar to the Medicare Advantage normalization factor applied under section 1853(a)(3), that allows growth of HCC scores for those who are continuously enrolled with an ACO. The Secretary shall submit to Congress a report on the results of such demonstration project.''. (g) Creating Incentives for ACO Development.--The Secretary of Health and Human Services may develop a mechanism to make permanent those ACO-related pilot programs, including the Advance Payment ACO Model, that have been successful. The Secretary shall submit to Congress a report on the mechanism and shall include in the report such recommendations, including such changes in legislation, as the Secretary deems appropriate.

ACO Improvement Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to allow an accountable care organization (ACO) to: (1) reduce or eliminate certain cost-sharing for primary care services provided within the ACO's network; (2) develop incentives to encourage patient engagement; (3) elect prospective assignment of Medicare fee-for-service beneficiaries; and (4) if specified requirements are met, distribute internal cost savings. The Centers for Medicare & Medicaid Services (CMS) shall waive specified regulatory requirements for ACOs that have elected to share in both savings and losses under a "two-sided risk model." In addition, the bill: (1) requires CMS to waive, with respect to certain ACOs, specified limitations regarding telehealth services; (2) allows certain ACOs to depart slightly from specified minimum enrollment requirements; (3) requires CMS to establish a demonstration project for allowing growth of certain prospective risk scores; (4) and allows CMS to make permanent certain ACO-related pilot programs that have been successful.

ACO Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Try Act''. SEC. 2. USE OF UNAPPROVED MEDICAL PRODUCTS BY PATIENTS DIAGNOSED WITH A TERMINAL ILLNESS. (a) In General.--Notwithstanding the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Controlled Substances Act (21 U.S.C. 801 et seq.), and any other provision of Federal law, the Federal Government shall not take any action to prohibit or restrict-- (1) the production, manufacture, distribution, prescribing, or dispensing of an experimental drug, biological product, or device that-- (A) is intended to treat a patient who has been diagnosed with a terminal illness; and (B) is authorized by, and in accordance with, State law; and (2) the possession or use of an experimental drug, biological product, or device-- (A) that is described in subparagraphs (A) and (B) of paragraph (1); and (B) for which the patient has received a certification from the patient's treating physician in accordance with subsection (b). (b) Physician Certification.--A certification by the patient's treating physician referred to in subsection (a)(2)(B) must include each of the following: (1) A certification that the physician-- (A) is in good standing with the physician's certifying organization or board; and (B) has personally examined the patient. (2) A certification that there is no reason to conclude the experimental drug, biological product, or device poses an unreasonable and significant risk of danger to the patient. (3) A certification that the patient has been diagnosed with a terminal disease or condition and does not have any treatment options that-- (A) are comparable to treatment using the experimental drug, biological product, or device or otherwise satisfactory; and (B) are approved, licensed, or cleared for commercial distribution under section 505, 510(k), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360(e)) or section 351 of the Public Health Service Act (42 U.S.C. 262) and are available to diagnose, monitor, or treat the patient's disease or condition. (4) A certification that the probable risk to the patient from the experimental drug, biological product, or device is not greater than the probable risk from the patient's disease or condition. (5) A certification that the physician has provided the patient with a written statement and oral explanation of the medical treatment to be provided using the experimental drug, biological product, or device. (6) An acknowledgement signed by the patient (or the patient's legal representative) that the physician has provided the written statement and oral explanation required by paragraph (5), and has disclosed the following: (A) That the medical treatment using the experimental drug, biological product, or device is experimental or nonconventional. (B) That the experimental drug, biological product, or device has not been approved, licensed, or cleared for commercial distribution under section 505, 510(k), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360(e)) or section 351 of the Public Health Service Act (42 U.S.C. 262) for any indication. (C) The material risks generally recognized by a reasonably prudent physician of the medical treatment's side effects. (D) An explanation of the medical treatment, including the expected frequency and duration of the treatment. (c) No Liability or Use of Outcomes.-- (1) No liability.--Notwithstanding any other provision of law, no liability shall lie against a producer, manufacturer, distributor, prescriber, dispenser, possessor, or user of an experimental drug, biological product, or device for the production, manufacture, distribution, prescribing, dispensing, possession, or use of an experimental drug, biological product, or device that is in compliance, with subsection (a). (2) No use of outcomes.--Notwithstanding any other provision of law, the outcome of any production, manufacture, distribution, prescribing, dispensing, possession, or use of an experimental drug, biological product, or device that was done in compliance with subsection (a) shall not be used by a Federal agency reviewing the experimental drug, biological product, or device to delay or otherwise adversely impact review or approval of such experimental drug, biological product, or device. (d) Rules of Construction.--Nothing in this Act shall be construed to-- (1) require a manufacturer or other person to make available any experimental drug, biological product, or device; or (2) prohibit a manufacturer or other person from receiving compensation or recovering costs for the production, manufacture, distribution, or sale of an experiment drug, biological product, or device. (e) Definitions.--In this section: (1) Biological product.--The term ``biological product'' has the meaning given to such term in section 351 of the Public Health Service Act (42 U.S.C. 262). (2) Device; drug.--The terms ``device'' and ``drug'' have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (3) Experimental drug, biological product, or device.--The term ``experimental drug, biological product, or device'' means a drug, biological product, or device that-- (A) has successfully completed a phase 1 clinical investigation; (B) remains under investigation in a clinical trial approved by the Food and Drug Administration; and (C) is not approved, licensed, or cleared for commercial distribution under section 505, 510(k), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360(e)) or section 351 of the Public Health Service Act (42 U.S.C. 262). (4) Phase 1 clinical investigation.--The term ``phase 1 clinical investigation'' means a phase 1 clinical investigation, as described in section 312.21 of title 21, Code of Federal Regulations (or any successor regulations). (5) Terminal illness.--The term ``terminal illness'' has the meaning given to such term in the State law specified in subsection (a)(1)(B).

Right to Try Act This bill requires the federal government to allow unrestricted manufacturing, distribution, prescribing, and dispensing of experimental drugs, biological products, and medical devices that are authorized by state law and intended to treat terminally ill patients. Patients receiving these treatments must be certified by a physician as having exhausted all other treatment options and as being at greater risk from their medical condition than the treatment. The physician must explain the treatment to the patient, including that the treatment is experimental, and the patient, or the patient's legal representative, must acknowledge the explanation. A manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment. The outcome of manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment. The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration (FDA); and (3) not be approved, licensed, or cleared for sale by the FDA.

Right to Try Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark National Historical Park Act of 2004''. SEC. 2. PURPOSE. The purpose of this Act is to establish the Lewis and Clark National Historical Park to-- (1) preserve for the benefit of the people of the United States the historic, cultural, scenic, and natural resources associated with the arrival of the Lewis and Clark Expedition in the lower Columbia River area; and (2) commemorate the winter encampment of the Lewis and Clark Expedition in the winter of 1805-1806 following the successful crossing of the North American Continent. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Lewis and Clark National Historical Park, Boundary Map'', numbered 405/80027, and dated December, 2003. (2) Memorial.--The term ``Memorial'' means the Fort Clatsop National Memorial established under section 1 of Public Law 85- 435 (16 U.S.C. 450mm). (3) Park.--The term ``Park'' means the Lewis and Clark National Historical Park established by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LEWIS AND CLARK NATIONAL HISTORICAL PARK. (a) Establishment.--There is established as a unit of the National Park System the Lewis and Clark National Historical Park in the States of Washington and Oregon, as depicted on the map. (b) Components.--The Park shall consist of-- (1) the Memorial, including-- (A) the site of the salt cairn (lot number 18, block 1, Cartwright Park Addition of Seaside, Oregon) used by the Lewis and Clark Expedition; and (B) portions of the trail used by the Lewis and Clark Expedition that led overland from Fort Clatsop to the Pacific Ocean; (2) the parcels of land identified on the map as ``Fort Clatsop 2002 Addition Lands''; and (3) the parcels of land located along the lower Columbia River in the State of Washington that are associated with the arrival of the Lewis and Clark Expedition at the Pacific Ocean in 1805 and that are identified on the map as-- (A) ``Station Camp''; (B) ``Clark's Dismal Nitch''; and (C) ``Cape Disappointment''. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Acquisition of Land.-- (1) In general.--The Secretary may acquire land, an interest in land, and any improvements to land located within the boundary of the Park. (2) Means.--Subject to paragraph (3), an acquisition of land under paragraph (1) may be made by donation, purchase with donated or appropriated funds, exchange, transfer from any Federal agency, or by any other means that the Secretary determines to be in the public interest. (3) Consent of owner.-- (A) In general.--Except as provided in subparagraph (B), no land, interest in land, or improvement to land to may be acquired under paragraph (1) without the consent of the owner. (B) Exception.--The corporately-owned timberland in the area described in subsection (b)(2) may be acquired without the consent of the owner. (4) Memorandum of understanding.--If the owner of the timberland described in paragraph (2)(B) agrees to sell the timberland to the Secretary either as a result of a condemnation proceeding or without any condemnation proceeding, the Secretary shall enter into a memorandum of understanding with the owner with respect to the manner in which the timberland is to be managed after acquisition of the timberland by the Secretary. (5) Cape disappointment.-- (A) Transfer.-- (i) In general.--Subject to valid rights (including withdrawals), the Secretary shall transfer to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the Park. (ii) Withdrawn land.-- (I) Notice.--The head of any Federal agency that has administrative jurisdiction over withdrawn land at Cape Disappointment, Washington, within the boundary of the Park shall notify the Secretary in writing if the head of the Federal agency does not need the withdrawn land. (II) Transfer.--On receipt of a notice under subclause (I), the withdrawn land shall be transferred to the administrative jurisdiction of the Secretary, to be administered as part of the Park. (B) Memorial to thomas jefferson.-- (i) In general.--All withdrawals of the 20- acre parcel depicted on the map as ``Memorial to Thomas Jefferson'' are revoked. (ii) Establishment.--The Secretary shall establish a memorial to Thomas Jefferson on the parcel referred to in clause (i). (C) Management of cape disappointment state park land.--The Secretary may enter into an agreement with the State of Washington providing for the administration by the State of the land within the boundary of the Park known as ``Cape Disappointment State Park''. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Management Plan.--Not later than 3 years after funds are made available to carry out this Act, the Secretary shall prepare an amendment to the general management plan for the Memorial to address the management of the Park. (c) Cooperative Management Agreements.--To facilitate the presentation of a comprehensive picture of the experiences of the Lewis and Clark Expedition in the lower Columbia River area and to promote more efficient administration of the sites associated with those experiences, the Secretary may, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)), enter into cooperative management agreements with appropriate officials in the States of Washington and Oregon. SEC. 6. REPEALS; REFERENCES. (a) In General.--Public Law 85-435 (72 Stat. 153; 16 U.S.C. 450mm et seq.) is repealed. (b) References.--Any reference to Fort Clatsop National Memorial in a law (including regulations), map, document, paper, or other record shall be considered to be a reference to the Lewis and Clark National Historical Park. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate September 15, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2167 _______________________________________________________________________ AN ACT To establish the Lewis and Clark National Historical Park in the States of Washington and Oregon, and for other purposes.

Lewis and Clark National Historical Park Act of 2004 - Establishes the Lewis and Clark National Historical Park in the States of Washington and Oregon as a unit of the National Park System. Requires the Secretary of the Interior, subject to valid rights (including withdrawals), to transfer to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the Park. Revokes withdrawals of the 20-acre parcel depicted on the map as "Memorial to Thomas Jefferson." Directs the Secretary to establish a memorial to Thomas Jefferson. Authorizes appropriations.

A bill to establish the Lewis and Clark National Historical Park in the States of Washington and Oregon, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Allocation of Highway Funds Act of 2017''. SEC. 2. CALCULATION OF AMOUNTS. Section 104(c)(1)(B) of title 23, United States Code, is amended-- (1) by striking ``The initial amounts'' and inserting the following: ``(i) General rule.--Except as provided in clause (ii), the initial amounts''; and (2) by adding at the end the following: ``(ii) Special rule for fiscal years 2018 through 2020.-- ``(I) In general.--Notwithstanding clause (i), for each of fiscal years 2018, 2019, and 2020, the initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment equal to at least 95 percent, but not more than 105 percent, of the sum of-- ``(aa) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; plus ``(bb) an amount which bears the same ratio to the General Fund transfer amount for the applicable fiscal year as-- ``(AA) the aggregate of amounts collected in such State under the Federal internal revenue laws (other than the taxes and penalties described in section 9503(b) of the Internal Revenue Code of 1986) in the most recent fiscal year for which data are available; bears to ``(BB) the aggregate of amounts collected in all States under such Federal internal revenue laws in such fiscal year. ``(II) Total apportionment.--After the adjustment described in subclause (I), the amount for each State determined under this subsection for each of fiscal years 2018, 2019, and 2020 shall be adjusted by a single multiplicative factor to ensure that the total amount apportioned will not be affected by this clause. ``(III) General fund transfer amount defined.--In this clause, the term `General Fund transfer amount' means, for a fiscal year, the product obtained by multiplying the amount identified in section 9503(f)(8)(A) of the Internal Revenue Code of 1986 by the proportion that-- ``(aa) the amount authorized for appropriation under section 1101(a)(1) of the FAST Act for that fiscal year; bears to ``(bb) the aggregate amount authorized for appropriation under section 1101(a)(1) of the FAST Act for fiscal years 2018, 2019, and 2020.''.

Fair Allocation of Highway Funds Act of 2017 This bill revises the methodology for apportioning federal highway funds among states for each of FY2018-FY2020. Specifically, the bill adjusts each state's apportionment based not only on certain tax payments attributable to highway users in the state, but also on other federal taxes collected in the state relative to such taxes collected in all states. The bill also caps the apportionment that each state may receive.

Fair Allocation of Highway Funds Act of 2017

SECTION 1. NATIONAL CENTER FOR SLEEP DISORDERS RESEARCH. Part C of title IV (42 U.S.C. 285 et seq.) is amended by adding at the end thereof the following new subpart: ``Subpart 17--National Center for Sleep Disorders Research ``SEC. 464W. NATIONAL CENTER FOR SLEEP DISORDERS RESEARCH. ``There shall be in the National Heart, Lung and Blood Institute an agency to be known as the National Center for Sleep Disorders Research (hereafter referred to in this subpart as the `Center') to be headed by a Director who shall be appointed by and report directly to the Director of the Institute. ``SEC. 464X. PURPOSE OF THE CENTER. ``The general purpose of the Center is the conduct and support of biomedical and related research and research training, the dissemination of health information, and the conduct of other programs with respect to various sleep disorders, the basic understanding of sleep, biological and circadian rhythm research, chronobiology and other sleep related research. ``SEC. 464Y. SPECIFIC AUTHORITIES. ``In carrying out the purpose described in section 464X, the Director of the Center may-- ``(1) award grants and enter into cooperative agreements and contracts; ``(2) provide for clinical trials with respect to sleep disorders treatment and sleep medications; ``(3) support sleep disorders research and training centers; ``(4) support sleep disorders research conducted or supported by more than one such agency; ``(5) support and conduct the collection of epidemiology data on sleep disorders; ``(6) conduct a National Education Campaign and establish a National Sleep Disorders Information Clearinghouse; ``(7) in consultation with the Directors of the National Heart, Lung and Blood Institute, the National Institute on Aging, the National Institute of Neurological Disorders and Stroke, the National Institute of Child Health and Human Development, the National Institute of Mental Health, and other Institutes, support and coordinate ongoing research, centers, training and other grant activities; ``(8) coordinate the activities of the Center with similar activities of other agencies of the Federal Government, including the other agencies of the National Institutes of Health, and with similar activities of other public entities and of private entities; and ``(9) with the approval of the Director of the National Institutes of Health and advisory board established under section 464BB, appoint technical and scientific peer review groups in addition to any such groups appointed under section 492. ``SEC. 464Z. RESEARCH PLAN. ``(a) Development.--After consultation with the Director of the Center, the advisory board established under section 464BB, and the coordinating committee established under section 464AA, the Director of the National Institutes of Health shall develop a comprehensive plan for the conduct and support of sleep disorders research. ``(b) Contents.--The plan developed under subsection (a) shall identify priorities with respect to such research and shall provide for the coordination of such research conducted or supported by the agencies of the National Institutes of Health. ``(c) Revision.--The Director of the National Institutes of Health (after consultation with the Director of the Center, the advisory board established under section 464BB, and the coordinating committee established under section 464AA) shall revise the plan developed under subsection (a) as appropriate. ``SEC. 464AA. COORDINATING COMMITTEE. ``(a) Establishment.--The Director of the National Institutes of Health shall establish a committee to be known as the Sleep Disorders Coordinating Committee (hereafter in this subpart referred to as the `Coordinating Committee'). ``(b) Composition.--The Coordinating Committee shall be composed of the directors of the National Institutes of Health, the National Institute on Aging, the National Institute of Child Health and Human Development, the National Heart, Lung and Blood Institute, the National Institute of Neurological Disorders and Stroke, the National Institute of Mental Health, and of such other national research institutes as the Director of the National Institutes of Health determines to be appropriate, and shall include representation from other Federal departments and agencies whose programs involve sleep disorders. ``(c) Duties.--The Coordinating Committee shall make recommendations to the Director of the National Institutes of Health and the Director of the Center with respect to the content of the plan required in section 464Z, with respect to the activities of the Center that are carried out in conjunction with other agencies of the National Institutes of Health, and with respect to the activities of the Center that are carried out in conjunction with other agencies of the Federal Government. ``SEC. 464BB. ADVISORY BOARD. ``(a) Establishment.--The Director of the National Institutes of Health shall establish a board to be known as the Sleep Disorders Research Advisory Board (hereafter in this section referred to as the `Advisory Board'). ``(b) Duties.--The Advisory Board shall advise, assist, consult with, and make recommendations to the Director of the National Institutes of Health and the Director of the Center concerning matters relating to the scientific activities carried out by and through the Center and the policies respecting such activities, including recommendations with respect to the plan required in section 464Z. ``(c) Membership.-- ``(1) In general.--The Director of the National Institutes of Health shall appoint to the Advisory Board 12 appropriately qualified representatives of the public who are not officers or employees of the Federal Government. Of such members, eight shall be representatives of health and scientific disciplines with respect to sleep disorders and four shall be individuals representing the interests of individuals with or undergoing treatment for sleep disorders. ``(2) Ex Officio Members.--The following officials shall serve as ex officio members of the Advisory Board: ``(A) The Director of the National Institutes of Health. ``(B) The Director of the Center. ``(C) The Director of the National Heart, Lung and Blood Institute. ``(D) The Director of the National Institute of Mental Health. ``(E) The Director of the National Institute on Aging. ``(F) The Director of the National Institute of Child Health and Human Development. ``(G) The Director of the National Institute of Neurological Disorders and Stroke. ``(H) The Assistant Secretary for Health. ``(I) The Assistant Secretary of Defense (Health Affairs). ``(J) The Chief Medical Director of the Veterans' Administration. ``(d) Chairperson.--The members of the Advisory Board shall, from among the members of the Advisory Board, designate an individual to serve as the chairperson of the Advisory Board. ``(e) Construction.--Except as inconsistent with, or inapplicable to, this section, the provisions of section 406 shall apply to the advisory board established under this section in the same manner as such provisions apply to any advisory council established under such section. ``SEC. 464CC. RELATED AGENCY ACTIVITY. ``(a) Secretary of Transportation.--The Secretary of Transportation is authorized to collect data, conduct studies and disseminate public information concerning the impact of sleep disorders and sleep deprivation on transportation safety. The Secretary of Transportation is authorized to coordinate these activities with the Center. ``(b) Secretary of Defense.--The Secretary of Defense is authorized to collect data, conduct studies and disseminate public information concerning the impact of sleep disorders and sleep deprivation on military readiness. The Secretary of Defense is authorized to coordinate these activities with the Center. ``(c) Secretary of Education.--The Secretary of Education is authorized to collect data, conduct studies and disseminate public information concerning the impact of sleep disorders and sleep deprivation on learning and education. The Secretary of Education is authorized to coordinate these activities with the Center. ``(d) Secretary of Labor.--The Secretary of Labor is authorized to collect data, conduct studies and disseminate public information concerning the impact of sleep disorders and sleep deprivation in the workplace and in industry with a particular emphasis on shiftwork, hours of service and other scheduling issues. The Secretary of Labor is authorized to coordinate these activities with the Center. ``(e) Secretary of Commerce.--The Secretary of Commerce is authorized to collect data, conduct studies and disseminate public information concerning the impact of sleep disorders and sleep deprivation on the commerce and industrial capacity of the United States. The Secretary of Commerce is authorized to coordinate these activities with the Center.''.

Amends the Public Health Service Act to establish in the National Heart, Lung, and Blood Institute the National Center for Sleep Disorders Research to conduct and support such research, research training, information dissemination, and other programs. Mandates a comprehensive research plan, a Sleep Disorders Coordinating Committee, and a Sleep Disorders Research Advisory Board. Authorizes data collection, studies, and information dissemination concerning the impact of sleep disorders and sleep deprivation by the Secretaries of: (1) Transportation on transportation safety; (2) Defense on military readiness; (3) Education on learning and education; (4) Labor on the workplace and industry; and (5) Commerce on commerce and industrial capacity.

A bill to establish a National Center for Sleep Disorders Research within the National Heart, Lung and Blood Institute, to coordinate sleep disorders research within the National Institutes of Health, to further facilitate the study of sleep disorders, and to establish a mechanism for education and training in sleep disorders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) Toxic chemicals are being released in significant amounts into the environment. Over three billion five hundred million pounds of toxic releases were reported by approximately nineteen thousand six hundred industrial plants in 1990, under the Emergency Planning and Community Right-to-Know Act. (2) Notwithstanding the benefits of the Emergency Planning and Community Right-to-Know Act, many toxic chemicals posing substantial health threats as a result of releases, are not being reported. The Emergency Planning and Community Right-to- Know Act excludes hundreds of chemicals listed as toxics under various environmental laws including: sixteen hazardous air pollutants, and five extremely hazardous substances listed in the 1990 Clean Air Act Amendments; one hundred and forty chemicals regulated as hazardous waste under the Resource Conservation and Recovery Act because of acute or chronic toxicity; over two hundred chemicals identified as known or probable human carcinogens by the EPA and the National Toxicology Program; sixty-nine special review pesticides identified under the Federal Insecticide, Fungicide and Rodenticide Act and hundreds of restricted use pesticides; and ninety reproductive toxins identified by the California Department of Health. (3) Although environmental and health data of toxic chemical releases are not routinely collected and analyzed by income and race, racial and ethnic minorities and lower income Americans may be disproportionately exposed to toxic chemicals in their residential and workplace environments. SEC. 3. PURPOSES AND POLICIES. The purposes of this Act are-- (1) to establish and maintain information which provides an objective basis for assessment of health effects by income and race; (2) to identify those areas with the largest releases of toxic chemicals to the air, land, water, and workplace; (3) to assess the health effects that may be caused by emissions in those areas of highest environmental impact; (4) to ensure that groups or individuals residing within High Environmental Impact Areas have the opportunity and the resources to participate in the technical process which will determine the possible existence of adverse health impacts; (5) to identify those activities in high environmental impact areas found to have significant adverse impacts on human health; and (6) to incorporate environmental equity considerations into planning and implementation of all Federal environmental programs and statutes. SEC. 4. DEFINITIONS. For the purposes of this Act: (1) The term ``Administrator'' means the Administrator of the United States Environmental Protection Agency. (2) The term ``environmental high impact area'' means any of the one hundred counties or appropriate geographic units with the highest total weight of toxic chemicals released during the most recent five-year period for which data is available, as calculated pursuant to section 4 of this Act. (3) The term ``toxic chemicals'' means-- (A) all hazardous substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(14); (B) all materials registered pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); (C) all chemicals subject to section 313 of the Emergency Planning and Community Right-to-Know Act of 1986; (D) all contaminants identified in the Safe Drinking Water Act (42 U.S.C. 300g-1); (E) all chemicals listed by the National Toxicology Program as known or probable human carcinogens; and (F) all materials subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.). (4) The term ``release'' shall have the same meaning as used in section 101(22) of the Comprehensive Environmental Response, Compensation and Liability Act of 1990 as amended by the Superfund Amendments and Reauthorization Act of 1986, and shall also include any release which results in exposure to persons within a workplace. (5) The term ``toxic chemical facility'' means any facility-- (A) subject to reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986; (B) that generates, treats, stores or disposes of a hazardous waste as defined in section 3001 of the Solid Waste Disposal Act; (C) subject to section 112 or 129 of the Clean Air Act; (D) subject to sections 307 or 311 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (E) subject to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); or (F) subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.). For the purpose of this Act the term ``toxic chemical facility'' shall include any Federal facility that releases a toxic chemical. SEC. 5. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS. (a) Determination of Impacted Areas.--Within six months after the date of enactment, the Administrator in consultation with the Agency for Toxic Substances and Disease Registry, the National Institute for Environmental Health Sciences, the National Center for Health Statistics and the Bureau of the Census, shall determine the most appropriate designation of Environmental High Impact Areas, either counties or other appropriate geographic unit. (b) Publication of List.--Within twelve months after the date of enactment of this Act, the Administrator shall publish a list, in rank order, of the total weight of toxic chemicals released in each county or other appropriate geographic unit in the United States during the most recent five-year period for which data are available. If less than five years of data are available the Administrator shall use available data until further information is reported. (c) Compilation of List.--(1) In compiling the list under subsection (a), the Administrator shall consider and utilize all appropriate and available data compiled pursuant to any environmental regulatory authority and other sources, including available data on the presence of lead-based paint and toxic chemicals from mobile vehicles. (2) For each county or appropriate geographic unit the Administrator shall calculate and compile in a data base-- (A) the total weight of toxic chemicals released into the ambient environment; (B) the total weight of toxic chemicals released into each environmental media (air, water, land, workplace); and (C) the total weight of each toxic chemical released into the ambient environment, and into each environmental media (air, water, land, workplace); and whenever possible shall adjust the estimates of each of the items in subparagraphs (A) through (C) to account for the toxicity of the toxic chemicals. (3) Within six months after the date of enactment the Administrator shall review the methodology used to compile and summarize information collected under section 313 of the Emergency Planning and Community Right-to-Know Act, and publish for public comment any proposed changes to the methodology necessary to calculate and compile the information required in paragraph (1). (4) The Administrator shall revise and republish the list described in subsection (c) by the date that is five years after the date of initial publication, and not less frequently than every five years thereafter, using data compiled during the preceding five-year period. (d) Environmental High Impact Areas.--(1) Within twelve months after the date of enactment, and every five years thereafter, the Administrator shall publish a list of the one hundred counties or other appropriate geographic unit with the highest total toxic chemical releases based on the list published in subsection (b). Such counties or other appropriate geographic unit shall be designated as ``Environmental High Impact Areas''. (2)(A) To ensure that facilities with the highest potential for release of toxic chemicals are operating in compliance with all applicable environmental health and safety standards, the Administrator, and the Secretary of Labor, shall conduct compliance inspections of all toxic chemical facilities subject to their jurisdiction in Environmental High Impact Areas within two years after the date of enactment of this Act, and not less frequently than every two years thereafter. (B) Notwithstanding the requirements in subparagraph (A), the Administrator or the Secretary of Labor may authorize any state or Indian tribe which has been delegated authority to administer any Federal law regulating a toxic chemical which authorizes the inspection of toxic chemical facilities for compliance with applicable Federal environmental laws, to conduct such inspections in lieu of the Administrator or the Secretary of Labor. (3) Within twenty-four months after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Administrator, the Secretary of Labor, the Bureau of Indian Affairs, and the Commissioners of the United States Commission on Civil Rights, shall issue for public comment a report identifying the nature and extent, if any, of acute and chronic impacts on human health in Environmental High Impact Areas from exposure to toxic chemicals. Such impacts shall include incidence of cancer, birth deformities, infant mortality rates, and respiratory diseases. Such report shall include a comparison of the health impact from exposure to toxic chemicals in Environmental High Impact Areas with other counties in the United States. The report shall be coordinated by the Administrator of the Agency for Toxic Substances Disease Registry of the Department of Health and Human Services, and in coordinating the report, the Administrator of the Agency for Toxic Substances and Disease Registry shall seek to-- (A) isolate the impacts of environmental pollution; (B) segregate the effects of other factors such as health care availability or substance abuse; (C) rank the relative risks posed by the toxic chemicals present in Environmental High Impact Areas and by the varied sources of toxic chemicals both individually and cumulatively; (D) take into account the need to remedy the impacts of such toxic chemicals in high population density areas; (E) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and (F) determine the impacts of maintaining toxic chemical releases at the current levels. (4) If the report under paragraph (3) identifies significant adverse impacts from exposure to toxic chemicals on human health in Environmental High Impact Areas as a group, the President shall submit to Congress within one year after publication of the report, proposed administrative and legislative changes to remedy and prevent such impacts, including-- (A) the addition of facilities or chemicals to be subject to reporting requirements of the Emergency Planning and Community Right-to-Know Act of 1986, or a reduction in threshold quantities of chemicals that trigger reporting requirements under such Act; (B) the regulation of toxic chemicals not subject to Federal law based on a statutory or administrative exemption; and (C) the imposition of additional regulatory measures for toxic chemical facilities in an Environmental High Impact Area, such as emissions fees, source reduction requirements, or restrictions on toxic chemical releases. SEC. 6. REDUCTION OF TOXIC CHEMICALS If the report under section 4(d)(3) identifies significant adverse impacts on human health from exposure to toxic chemicals in an Environmental High Impact Area, the Administrator shall promulgate regulations applicable to any Federal permit for construction or modification of a toxic chemical facility in that area. Such regulations shall require a net reduction in the release of any toxic chemical determined to cause such significant adverse impacts on human health in that area. SEC. 7. TECHNICAL ASSISTANCE GRANTS. (a) In General.--Subject to appropriations, and in accordance with rules promulgated by the Secretary of Health and Human Services in consultation with the Administrator, the Secretary may award a grant to any individual or group of individuals who may be affected by a release or threatened release of a toxic chemical from any toxic chemical facility in an environmental high impact area. (b) Grant requirements.--(1) A grant awarded under this section shall-- (A) be designed to facilitate access by representatives of environmental high impact areas to the activities that involve public participation under this Act and any other related law. (B) be used to obtain technical assistance relating to the inspection and review authorities described in section 4(d)(2) and the study described in section 4(d)(3); and (C) be in an amount not to exceed $50,000. (2) Each grant recipient shall be required, as a condition of the grant, to pay a non-Federal share equal to 20 percent of the grant amount. The Administrator may waive the 20 percent contribution requirement if the grant recipient demonstrates financial need to the satisfaction of the Administrator. Not more than one grant may be made with respect to each environmental high impact area for the period of a grant (as determined by the Administrator). At the end of the period, a grant may be renewed if the Administrator determines that the renewal is necessary to facilitate public participation. (3) Grants under this subsection shall be considered to be grants under section 117(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by the Superfund Amendments and Reauthorization Act of 1986, and shall be funded in the same manner.

Environmental Justice Act of 1993 - Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals released in each county or other geographic unit in the most recent five-year period for which data are available. Designates the 100 counties with the highest total releases as Environmental High Impact Areas. Requires the publication of such list every five years. Directs the Administrator and the Secretary of Labor to conduct compliance inspections of all toxic chemical facilities in such Areas at least every two years. Delegates such authority to States or Indian tribes authorized to administer Federal laws regulating toxic chemicals. Requires the Secretary of Health and Human Services to issue a report identifying the nature and extent of acute and chronic health impacts in such Areas from exposure to toxic chemicals as compared to other counties. Directs the President, if the report identifies significant adverse impacts, to report proposed administrative and legislative changes to the Congress to remedy and prevent such impacts. Includes within such remedies: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to include additional facilities or chemicals or reduced quantities of chemicals triggering reporting requirements; (2) the regulation of toxic chemicals not subject to Federal law based on a statutory or administrative exemption; and (3) the imposition of additional regulatory measures for toxic chemical facilities in such Areas. Requires the Administrator, if the report identifies significant adverse impacts, to promulgate regulations applicable to any Federal permit for construction or modification of a toxic chemical facility to require a net reduction in the release of a chemical determined to cause adverse health impacts in such an Area. Authorizes the Secretary of Health and Human Services to make grants to individuals who may be threatened by toxic chemical releases in such Areas to: (1) facilitate access to the public participation process under this and other Acts; and (2) be used to obtain technical assistance relating to inspection and review authorities.

Environmental Justice Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Wildlife Refuge Volunteer Improvement Act of 2010''. SEC. 2. REAUTHORIZATION OF APPROPRIATIONS TO IMPLEMENT VOLUNTEER, COMMUNITY PARTNERSHIP AND EDUCATION PROGRAMS UNDER FISH AND WILDLIFE ACT OF 1956. (a) Reauthorization.--Section 7(f) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(f)) is amended to read as follows: ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior to carry out subsections (b), (c), (d), (e), and (f), $2,000,000 for each of fiscal years 2011 through 2014.''. (b) Technical Corrections.--Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f) is amended in subsections (b)(2)(B)(ii) and (d)(2)(C)(i) by striking ``National Wildlife Refuge Administration Act of 1966'' each place it appears and inserting ``National Wildlife Refuge System Administration Act of 1966''. SEC. 3. AMENDMENTS TO NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND COMMUNITY PARTNERSHIP ENHANCEMENT ACT OF 1998. Section 4(a) of the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f-1) is amended-- (1) in the subsection heading by striking ``Projects'' and inserting ``National Volunteer Coordination Program''; (2) by amending paragraph (1) to read as follows: ``(1) In general.--Subject to the availability of appropriations, and in conformance with the strategy developed under paragraph (2) and consistent with the authorities regarding gifts, volunteer services, community partnerships, and refuge education enhancement under section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 741f), the Secretary of the Interior, through the Director of the United States Fish and Wildlife Service, shall carry out a National Volunteer Coordination Program within the National Wildlife Refuge System to-- ``(A) augment and support the capabilities and efforts of Federal employees to implement resource management, conservation, and public education programs and activities across the National Wildlife Refuge System; ``(B) provide meaningful opportunities for volunteers to support the resource management, conservation, and public education programs and activities of national wildlife refuges or complexes of geographically related national wildlife refuges in each United States Fish and Wildlife Service region; and ``(C) fulfill the purpose and mission of the National Wildlife Refuge System under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).''; (3) by amending paragraph (2) to read as follows: ``(2) Volunteer coordination strategy.-- ``(A) In general.--No later than one year after date of enactment of this paragraph, the Director shall publish in the Federal Register a national strategy for the coordination and utilization of volunteers within the National Wildlife Refuge System. ``(B) Consultation required.--The strategy shall be developed in consultation with State fish and wildlife agencies, Indian tribes, refuge friends groups or similar volunteer organizations, and other relevant stakeholders. ``(C) Volunteer coordinators.--The Director shall provide, subject to the availability of appropriations, no less than one regional volunteer coordinator for each United States Fish and Wildlife Service region to implement the strategy published under this paragraph. Such coordinators may be responsible for assisting partner organizations in developing and implementing volunteer projects and activities under cooperative agreements under section 7(d) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(d)).''; and (4) in paragraph (4), by striking ``for for each fiscal year through fiscal year 2009'' and inserting ``for each fiscal year through fiscal year 2014''. SEC. 4. VOLUNTEER, COMMUNITY PARTNERSHIPS, AND EDUCATION PROGRAMS REPORT. (a) In General.--Section 7 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(e)) is amended-- (1) by redesignating subsection (f) (as amended by this Act) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Report.--Not later than 1 year after the date of enactment of this subsection and every 5 years thereafter, the Secretary of the Interior shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate-- ``(1) evaluating the accomplishments of the volunteer program, the community partnerships program, and the refuge education programs authorized under this section, and of the National Volunteer Coordination Program and volunteer coordination strategy under section 4(a) of the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f- 1); and ``(2) making recommendations to improve the effectiveness of such programs, including regarding implementing subparagraphs (A), (B), and (C) of paragraph (1) of subsection (e).''. (b) Conforming Amendment.--Section 4(a) of the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f-1) is further amended by striking paragraph (3), and by redesignating paragraph (4) (as amended by this Act) as paragraph (3). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Wildlife Refuge Volunteer Improvement Act of 2010 - Amends the Fish and Wildlife Act of 1956 (the Act) to authorize appropriations for FY2011-FY2014 to the Secretary of the Interior to carry out certain activities and services related to fish and wildlife, including for expenses related to gift acceptance, volunteer services, community partnership projects and programs, and refuge education programs. Amends the National Wildlife Refuge Volunteer and Community Partnership Enhancement Act of 1998 to direct the Secretary, through the Director of the United States Fish and Wildlife Service, to carry out a National Volunteer Coordination Program within the National Wildlife Refuge System. Requires the Director to: (1) publish a national strategy for the coordination and utilization of volunteers within the System; and (2) provide at least one regional volunteer coordinator for each Service region to implement such strategy. Makes such coordinators responsible for assisting partner organizations in implementing volunteer projects and activities under cooperative agreements the Secretary may enter into pursuant to the Act. Authorizes appropriations to carry out the National Volunteer Coordination Program through FY2014. Requires the Secretary to submit a report to Congress that: (1) evaluates the accomplishments of the volunteer program, the community partnerships program, and the refuge education programs authorized under the Act, and of the National Volunteer Coordination Program and the national strategy; and (2) makes recommendations for improving the effectiveness of such programs.

To amend the Fish and Wildlife Act of 1956 to reauthorize volunteer programs and community partnerships for national wildlife refuges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recovering America's Wildlife Act of 2016''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) a diverse array of species of fish and wildlife is of significant value to the United States for many reasons, including aesthetic, ecological, educational, cultural, recreational, economic, and scientific reasons; (2) more than 90 million citizens of the United States participate in outdoor recreation through hunting, fishing, birding, and other wildlife-dependent recreation, all of which have significant value to the citizens who engage in those activities and provide economic benefits to local communities; (3) it is in the interest of the United States-- (A) to retain for present and future generations the opportunity to hunt, fish, observe, understand, and appreciate a wide variety of fish and wildlife; (B) to recover species of fish and wildlife listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) requiring Federal protection, and to prevent fish and wildlife species from declining to the point of requiring Federal protection under that Act, by conserving species in greatest conservation need; and (C) to support collaborative and proactive conservation that will sustain America's diverse fish and wildlife populations; (4) hunters and anglers, including future President Theodore Roosevelt and naturalist George Bird Grinnell, were alarmed in the 1880-90s that game and sportfish could not sustain unregulated harvest, and that avifauna needed protection from commercial take, and thus founded the first nongovernmental conservation organizations to instill fish and wildlife conservation values in hunters, anglers, bird watchers, and all citizens; (5) at the turn of the 20th century, the States realized the need to regulate harvest of game and sportfish for sustainable use, and required hunting and angling licenses of users, and established seasons, bag and creel limits, and legal means of take for game and sportfish, using license dollars largely for enforcement of those regulations; (6) in 1937, an alliance between hunters and conservation organizations, the State governments, the Federal Government, and the shooting sports industry convinced Congress to transfer receipts from an existing Federal excise tax on sporting arms and ammunition to the States, matched by State hunting license dollars, for the management of wildlife and conservation of habitat under the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), which greatly enhanced the States ability to move from largely the enforcement of game seasons and bag limits into science-based research and management of all wildlife; (7) similarly, in 1951, an alliance between anglers and conservation organizations, the State governments, the Federal Government, and the sport-fishing industry, convinced Congress to impose a Federal excise tax on fishing equipment under the Dingell-Johnson Sportfish Restoration Act (16 U.S.C. 777 et seq.), and to transfer receipts to the States, matched by State fishing license revenues, to manage sport fish and conserve aquatic habitats, further enhancing the maturation of the State fish and wildlife agencies into science-based management of all fish species; (8) this user-pay, public-benefits means of funding fish and wildlife conservation is unique in the world, having been brought to the Federal Government by sportsmen and sportswomen who were willing to pay these fees to ensure dedicated funds to fish and wildlife conservation delivered by the States; (9) these user-pay funds (licenses and excise taxes)-- (A) have benefited not just hunters and anglers but all Americans in providing abundant fish and wildlife (game and nongame species both), clean water, outdoor recreation, healthy activities, and quality of life; and (B) provide, and will continue to provide, a majority of the funds that are available to State fish and wildlife agencies for science-based management of fish and wildlife for their citizens; (10) State fish and wildlife agencies are responsible for all fish and wildlife, but are grossly underfunded to fulfill these responsibilities because there are few funds available at the State level for fish and wildlife conservation except those driven by hunting and fishing license revenues, and Federal excise tax revenues; (11) Congress enacted the Wildlife Conservation and Restoration Account under section 3(a)(2) of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(2)) to extend support for the full array of fish and wildlife conservation needs, including species that are not hunted or fished, but only authorized appropriations for the Account for one year; (12) while appropriated funds have been made available through the State Wildlife Grants program of the United States Fish and Wildlife Service, the lack of assured and sufficient dedicated funds for the Wildlife Conservation and Restoration Account has left unrealized the goals of the Account, thereby allowing fish and wildlife to continue to decline across the United States and resulting in hundreds of species being listed under the Endangered Species Act of 1973; (13) partly as a requirement of the unfunded Wildlife Conservation and Restoration Account, each State and territory is required to seek public input and produce a comprehensive fish and wildlife conservation strategy, called a State Wildlife Action Plan, to guide the conservation of the full array of fish, wildlife and their habitats in each State and territory; (14) providing assured and sufficient dedicated funding to the Wildlife Conservation and Restoration Account will advance the national interest in assuring sustainable populations of all fish and wildlife species for the use and enjoyment of our citizens, through implementing the comprehensive fish and wildlife conservation strategies of the States; (15) as funds become available through enactment of this Act, States should secure the needed non-Federal match from sources other than revenue generated by sportsmen and sportswomen through the sale of State hunting and fishing licenses, which is the historic, and sometimes only, source of matching funds for the excise tax revenue generated through the Federal wildlife and sport fish restoration accounts; and (16) Federal wildlife and sport fish restoration accounts support activities that include, but are not limited to, fish and wildlife restoration projects for game species that also benefit an array of other game and nongame species, hunter education, and range development efforts. (b) Purposes.--The purposes of this Act are-- (1) to provide dedicated and assured funding to advance the national interest in keeping fish and wildlife from becoming threatened or endangered with extinction, by supporting programs in each State and territory to address the conservation needs of the full diverse array of declining fish and wildlife species, including both game and nongame species; (2) to provide from the Wildlife Conservation and Restoration Account the Federal share of the support needed to implement the comprehensive fish and wildlife conservation strategies developed by each State and territory in order to address the needs of those species identified by each State and territory as species of greatest conservation need; and (3) to carry out collaborative and proactive conservation actions with the goal of precluding the need for listing of species under the Endangered Species Act of 1973 (16 U.S.C. 1531), as well as enhancing the ability of the States to recover species listed under that Act and remove them from the protection of the Act. SEC. 3. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT. Section 3(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)) is amended by striking paragraph (2) and inserting the following: ``(2) Wildlife conservation and restoration subaccount.-- ``(A) Establishment.--There is established in the Federal Aid to Wildlife Restoration Fund a subaccount to be known as the `Wildlife Conservation and Restoration Subaccount' (referred to in this paragraph as the `Subaccount'). ``(B) Use.--Amounts in the Subaccount shall be available without further appropriation, for each fiscal year, for apportionment in accordance with this Act to carry out State Wildlife Conservation and Restoration programs in order to manage fish and wildlife species of greatest conservation need as determined by a State fish and wildlife agency. ``(C) Deposits.--Starting in fiscal year 2016, the Secretary of the Treasury shall transfer to the fund for deposit in the Subaccount the following: ``(i) Outer continental shelf revenues.-- From amounts deposited in the Treasury under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), $650,000,000. ``(ii) Mining revenues.--From amounts deposited in the Treasury under section 35 of the Mineral Leasing Act (30 U.S.C. 191), after the withdrawal of funds to the States under subsection (a) of that section, $650,000,000.''.

Recovering America's Wildlife Act of 2016 This bill amends the Pittman-Robertson Wildlife Restoration Act to direct the Department of the Treasury to transfer, beginning in FY2016, revenues from energy and mineral development on federal lands totaling $1.3 billion to the Wildlife Conservation and Restoration Subaccount of the Federal Aid to Wildlife Restoration Fund, to be available without further appropriation. The purpose of the subaccount is to fund state wildlife conservation and restoration programs for managing fish and wildlife species of the greatest conservation need as determined by a state fish and wildlife agency.

Recovering America's Wildlife Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hero Street USA Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1968, 2nd Street of Silvis, Illinois, was renamed Hero Street, a tribute to the sacrifice and patriotism of its residents. (2) Many Mexican families immigrated to Silvis during the 1920s and 1930s, seeking work with the local railroad line, and settled on 2nd Street, where low-cost housing was available to railroad workers and their families. (3) When the United States entered World War II, the young men of 2nd Street answered the Nation's call to serve. Of this first generation of 2nd Street residents, six were killed in World War II and two in the Korean Conflict. (4) Despite tragedy, a strong tradition of military service persisted within this small, historically Latino community as the younger generations enlisted or were drafted. (5) Today, over 100 men and women from Hero Street have served in the Armed Forces of the United States, a concentration higher than any other street comparable in size. (6) The legacy of these brave soldiers has transformed this small street into a point of national pride, and a park and monument have been built in Silvis to honor the 8 deceased service members as well as all who have served in the United States Military. (7) 2018 will mark the 50th anniversary of Hero Street's renaming. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of the semi centennial of the naming of Hero Street: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26,73 grams; (B) have a diameter of 1.500 inches; and (C) contain at least 90 percent silver with the remainder copper. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coin minted under this Act shall be emblematic of Hero Street USA. (b) Designation and Inscription.--On each coin minted under this Act, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2018''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of coin under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2018, and ending on December 31, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coin; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of the coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Wounded Warrior Project to carry out the organization's mission of honoring and empowering our Nation's wounded warriors. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the Federal Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Hero Street USA Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue coins emblematic of Hero Street (in Silvis, Illinois) in the following amounts in commemoration of the semi-centennial of the naming of Hero Street: (1) 50,000 $5 gold coins, (2) 400,000 $1 silver coins, and (3) 750,000 half-dollar clad coins. Coins may be issued only between January 1 and December 31, 2018. There must be surcharges of: (1) $35 per coin for the $5 coin, (2) $10 per coin for the $1 coin, and (3) $5 per coin for the half-dollar coin, all to be paid to implement the Wounded Warrior Project. The Treasury must act to ensure that coin minting and issuance do not result in any net cost to the federal government.

Hero Street USA Commemorative Coin Act

AND MEDIATION PROGRAM AUTHORIZED. (a) In General.--The Secretary of Education is authorized to make grants to local elementary schools to provide assistance to schools most directly affected by conflict and violence. (b) Model Project.--The Secretary shall develop a written model for conflict resolution and mediation written within 90 days and make such model available to any local elementary school that requests such information. (c) Authorization of Appropriations.--There are authorized to be appropriated $25,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 through 1999 to carry out the projects under this Act. SEC. 4. USE OF FUNDS. Grants made by the Secretary under this Act shall be used to develop programs for conflict resolution and mediation for students, teachers, and other personnel in regular contact with students at school. SEC. 5. ELIGIBLE APPLICANTS. (a) In General.--In order to be eligible to receive a grant under this Act for any fiscal year, a local elementary school shall submit an application to the Secretary in such form and containing such information as the Secretary may reasonably require. (b) Requirements.--Each application under subsection (a) shall include-- (1) a request for funds for the purposes described in section 2(b); (2) information of the school and communities to be served by the grant, including the nature of the conflict and violence problems within and around the school; (3) statistical information in such form and containing such information that the Secretary may require regarding conflict and violence within the elementary school and surrounding communities; and (4) assurances that Federal funds received under this Act shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this Act. (c) Comprehensive Plan.--Each application shall include a comprehensive plan that shall contain-- (1) a description of the conflict and violence problems within the elementary school and surrounding community targeted for assistance; (2) a description of the resources available in the community to help implement the plan together with a description of the areas in the plan that cannot be filled with existing resources; and (3) a description of the system the applicant will establish to prevent and reduce ongoing conflict and violence problems. SEC. 6. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS. (a) Administrative Cost Limitation.--The Secretary shall use not more than 5 percent of the funds available under this Act for the purposes of administration and technical assistance. (b) Renewal of Grants.--A grant under this Act may be renewed for not more than 2 additional years after the first fiscal year during which the recipient receives an initial grant under this Act, subject to the availability of funds, if-- (1) the Secretary determines that the funds made available to the recipient during the previous year were used in a manner required under the approved application; and (2) the Secretary determines that an additional grant is necessary to implement the violence prevention program described in the comprehensive plan as required by section 5(c). SEC. 7. AWARD OF GRANTS. (a) Selection of Recipients.--The Secretary shall consider the following factors in awarding grants to local elementary schools: (1) Conflict and violence problem.--The nature and scope of the violence problem in the targeted schools. (2) Need and ability.--Demonstrated need and evidence of the ability to provide the services described in the plan required under section 5(c). (3) Population.--The number of students to be served by the plan required under section 5(c). (b) Geographic Distribution.--The Secretary shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. SEC. 8. REPORTS. (a) Reports.--Local elementary schools that receive funds under this Act shall submit to the Secretary a detailed report not later than March 1 of each year that describes progress achieved in carrying out the plan required under section 5(c). (b) Report to Congress.--The Secretary shall submit to the Congress a report by October 1 of each year in which grants are made available under this Act which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under section 5(b)(3), and an evaluation of programs established under this Act. SEC. 9. DEFINITIONS. For the purpose of this Act: (1) The term ``local educational agency'' has the same meaning given such term under section 1471(12) of the Elementary and Secondary Education Act of 1965. (2) The term ``Secretary'' means the Secretary of Education.

Conflict Resolution and Mediation Act of 1993 - Directs the Secretary of Education to make conflict resolution and mediation program grants to assist local elementary schools most directly affected by conflict and violence. Directs the Secretary to develop a written model for conflict resolution and mediation. Authorizes appropriations. Sets requirements for fund use, applicant eligibility and planning, fund allocation and limitation, awards, and reports.

Conflict Resolution and Mediation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Border Travel Facilitation Act''. SEC. 2. STATE DRIVER'S LICENSE AND IDENTIFICATION CARD ENROLLMENT PROGRAM. Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding at the end the following new subsection: ``(e) State Driver's License and Identification Card Enrollment Program.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security shall establish a State Driver's License and Identification Card Enrollment Program as described in this subsection (hereinafter in this subsection referred to as the `Program') and enter into a memorandum of understanding with an appropriate official of each State that elects to participate in the Program. ``(2) Purpose.--The purpose of the Program shall be to permit a citizen of the United States who produces a driver's license or identification card that meets the requirements of paragraph (3) or a citizen of Canada who produces a document described in paragraph (4) to enter the United States from Canada without providing any other documentation or evidence of citizenship. ``(3) Admission of citizens of the united states.--A driver's license or identification card meets the requirements of this subparagraph if-- ``(A) the license or card-- ``(i) was issued by a State that is participating in the Program; ``(ii) meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note); and ``(iii) includes the United States citizenship status of the individual to whom the license or card was issued; and ``(B) the State that issued the license or card-- ``(i) has a mechanism that is approved by the Secretary of State to verify the United States citizenship status of an applicant for such a license or card; ``(ii) does not require an individual to include the individual's citizenship status on such a license or card; and ``(iii) manages all information regarding an applicant's United States citizenship status in the same manner as such information collected through the United States passport application process and prohibits any other use or distribution of such information. ``(4) Admission of citizens of canada.-- ``(A) In general.--Notwithstanding any other provision of law, if the Secretary of State and the Secretary of Homeland Security determine that an identification document issued by the Government of Canada or by the Government of a Province or Territory of Canada meets security and information requirements comparable to the requirements for a driver's license or identification card described in paragraph (3), the Secretary of Homeland Security shall permit a citizen of Canada to enter the United States from Canada using such a document without providing any other documentation or evidence of Canadian citizenship. ``(B) Technology standards.--The Secretary of Homeland Security shall work, to the maximum extent possible, to ensure that an identification document issued by Canada that permits entry into the United States under subparagraph (A) utilizes technology similar to the technology utilized by identification documents issued by the United States or any State. ``(5) Admission of children.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall permit an individual to enter the United States without providing any evidence of citizenship if, at the time of such entry-- ``(A) the individual-- ``(i) is younger than 16 years of age; ``(ii) is accompanied by the individual's legal guardian; and ``(iii) is entering the United States from Canada or another country if the Secretary permits an individual to enter the United States from that country under the Program pursuant to paragraph (6)(A); and ``(B) such legal guardian provides a driver's license or identification card described in paragraph (3), a document described in paragraph (4), or other evidence of citizenship if the Secretary permits an individual to enter the United States using such evidence under the Program pursuant to paragraph (6)(B). ``(6) Authority to expand.--Notwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security may expand the Program to permit an individual to enter the United States-- ``(A) from a country other than Canada; or ``(B) using evidence of citizenship other than a driver's license or identification card described in paragraph (3) or a document described in paragraph (4). ``(7) Relationship to other requirements.--Nothing in this subsection shall have the effect of creating a national identification card or a certification of citizenship for any purpose other than admission into the United States as described in this subsection. ``(8) State defined.--In this subsection, the term `State' means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. ``(9) Schedule for implementation.-- ``(A) In general.--The Secretary of Homeland Security and the Secretary of State shall implement the Program not later than December 31, 2009. ``(B) Admission prior to implementation.--During the time period beginning on the date of the enactment of the Northern Border Travel Facilitation Act and ending on the date that the Program is implemented, the Secretary of Homeland Security shall permit an individual who is a citizen of the United States or Canada to enter the United States from Canada if that individual can demonstrate United States or Canadian citizenship to the satisfaction of the Secretary. Birth certificates issued by a State, or by the Government of Canada or by the Government of a Province or Territory of Canada, or a citizenship certificate or card issued by the Government of Canada shall be deemed to be a satisfactory demonstration of citizenship under this subparagraph.''.

Northern Border Travel Facilitation Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretaries of State and Homeland Security to establish a State Driver's License and Identification Card Enrollment Program to permit a U.S. or Canadian citizen who produces a U.S. or Canadian driver's license or identification card meeting requirements of this Act to enter the United States from Canada without providing any other documentation or evidence of citizenship. Requires Program implementation by December 31, 2009. Directs the Secretary of Homeland Security, prior to such implementation, to permit a U.S. or Canadian citizen to enter the United States from Canada if the individual can demonstrate U.S. or Canadian citizenship.

To amend section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Media Working Group Act of 2014''. SEC. 2. SOCIAL MEDIA WORKING GROUP. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section: ``SEC. 318. SOCIAL MEDIA WORKING GROUP. ``(a) Establishment.--The Secretary shall establish within the Department a social media working group (in this section referred to as the `Group'). ``(b) Purpose.--In order to enhance information sharing between the Department and appropriate stakeholders, the Group shall provide guidance and best practices to the emergency preparedness and response community on the use of social media technologies before, during, and after a terrorist attack or other emergency. ``(c) Membership.-- ``(1) In general.--The Under Secretary for Science and Technology shall serve as the permanent chairperson of the Group, and shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as co-chairperson. The Under Secretary shall establish term limits for individuals appointed to the Group pursuant to paragraph (2). Membership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, and nongovernmental organization practitioners, including representatives from the following entities: ``(A) The Office of Public Affairs of the Department. ``(B) The Office of the Chief Information Officer of the Department. ``(C) The Privacy Office of the Department. ``(D) The Federal Emergency Management Agency. ``(E) The Office of Disability Integration and Coordination of the Federal Emergency Management Agency. ``(F) The American Red Cross. ``(G) The Forest Service. ``(H) The Centers for Disease Control and Prevention. ``(I) The United States Geological Survey. ``(J) The National Oceanic and Atmospheric Administration. ``(2) Additional members.--The Under Secretary for Science and Technology shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall-- ``(A) be equal to or greater than the total number of regular members under paragraph (1); and ``(B) include-- ``(i) not fewer than three representatives from the private sector; and ``(ii) representatives from-- ``(I) State, local, and tribal entities, including from-- ``(aa) law enforcement; ``(bb) fire services; ``(cc) emergency management services; and ``(dd) public health entities; ``(II) universities and academia; and ``(III) non-profit disaster relief organizations. ``(d) Consultation With Non-members.--To the extent practicable, the Group shall work with existing bodies in the public and private sectors to carry out subsection (b). ``(e) Meetings.-- ``(1) Initial meeting.--Not later than 90 days after the date of the enactment of this section, the Group shall hold its initial meeting. Such initial meeting may be held virtually. ``(2) Subsequent meetings.--After the initial meeting under paragraph (1), the Group shall meet at least twice each year, or at the call of the Chairperson. Such subsequent meetings may be held virtually. ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Group. ``(g) Reports.--Not later than March 30 of each year, the Group shall submit to the appropriate congressional committees a report that includes the following: ``(1) A review of current and emerging social media technologies being used to support preparedness and response activities related to terrorist attacks and other emergencies. ``(2) A review of best practices and lessons learned on the use of social media during the response to terrorist attacks and other emergencies that occurred during the period covered by the report at issue. ``(3) Recommendations to improve the Department's use of social media for emergency management purposes. ``(4) Recommendations to improve public awareness of the type of information disseminated through social media, and how to access such information, during a terrorist attack or other emergency. ``(5) Recommendations to improve information sharing among the Department and its components. ``(6) Recommendations to improve information sharing among State and local governments. ``(7) A review of available training for Federal, State, local, and tribal officials on the use of social media in response to a terrorist attack or other emergency. ``(8) A summary of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 317 the following new item: ``Sec. 318. Social media working group.''. Passed the House of Representatives July 8, 2014. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on June 19, 2014. Social Media Working Group Act of 2014 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish within the Department of Homeland Security (DHS) a social media working group (the Group) to provide guidance and best practices to the emergency preparedness and response community on the use of social media technologies before, during, and after a terrorist attack or other emergency. Requires the Group to submit an annual report that includes: (1) a review of current and emerging social media technologies being used to support preparedness and response activities related to terrorist attacks and other emergencies; (2) a review of best practices and lessons learned on the use of social media during the response to terrorist attacks and other emergencies that occurred during the period covered by the report; (3) recommendations to improve DHS's use of social media for emergency management purposes, to improve public awareness of the type of information disseminated through social media and how to access such information during a terrorist attack or other emergency, and to improve information sharing among DHS and its components and among state and local governments; (4) a review of available training for government officials on the use of social media in response to a terrorist attack or other emergency; and (5) a summary of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns.

Social Media Working Group Act of 2014

-S-E-C-T-I-O-N -1-. -A-C-Q-U-I-S-I-T-I-O-N -O-F -R-O-O-S-E-V-E-L-T -F-A-M-I-L-Y -L-A-N-D-S-. -(-a-) -I-n -G-e-n-e-r-a-l-.--- -(-1-) -G-e-n-e-r-a-l -a-u-t-h-o-r-i-t-y-.----T-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r -(-h-e-r-e-i-n-a-f-t-e-r -r-e-f-e-r-r-e-d -t-o -a-s -t-h-e -`-`-S-e-c-r-e-t-a-r-y-'-'-) -m-a-y -a-c-q-u-i-r-e-, -b-y -p-u-r-c-h-a-s-e -w-i-t-h -d-o-n-a-t-e-d -o-r -a-p-p-r-o-p-r-i-a-t-e-d -f-u-n-d-s-, -d-o-n-a-t-i-o-n-, -o-r -o-t-h-e-r-w-i-s-e-, -l-a-n-d-s -a-n-d -i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -(-i-n-c-l-u-d-i-n-g -d-e-v-e-l-o-p-m-e-n-t -r-i-g-h-t-s -a-n-d -e-a-s-e-m-e-n-t-s-) -i-n -t-h-e -p-r-o-p-e-r-t-i-e-s -l-o-c-a-t-e-d -a-t -H-y-d-e -P-a-r-k-, -N-e-w -Y-o-r-k-, -t-h-a-t -w-e-r-e -o-w-n-e-d -b-y -F-r-a-n-k-l-i-n -D-. -R-o-o-s-e-v-e-l-t -o-r -h-i-s -f-a-m-i-l-y -a-t -t-h-e -t-i-m-e -o-f -h-i-s -d-e-a-t-h-, -a-s -d-e-p-i-c-t-e-d -o-n -t-h-e -m-a-p -e-n-t-i-t-l-e-d -`-`-R-o-o-s-e-v-e-l-t -F-a-m-i-l-y -E-s-t-a-t-e-'-' -a-n-d -d-a-t-e-d -N-o-v-e-m-b-e-r -1-9-, -1-9-9-3-. -(-2-) -L-i-m-i-t-a-t-i-o-n-s-.--- -(-A-) -R-e-s-i-d-e-n-t-i-a-l -p-r-o-p-e-r-t-y-.--- -T-h-e -S-e-c-r-e-t-a-r-y -m-a-y -o-n-l-y -a-c-q-u-i-r-e -t-h-o-s-e -r-e-s-i-d-e-n-t-i-a-l -p-r-o-p-e-r-t-i-e-s -o-n -t-h-e -l-a-n-d-s -a-n-d -i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -d-e-p-i-c-t-e-d -o-n -t-h-e -m-a-p -r-e-f-e-r-r-e-d -t-o -i-n -s-u-b-s-e-c-t-i-o-n -(-a-) -t-h-a-t -w-e-r-e -o-w-n-e-d -o-r -o-c-c-u-p-i-e-d -b-y -F-r-a-n-k-l-i-n -D-. -R-o-o-s-e-v-e-l-t -o-r -h-i-s -f-a-m-i-l-y-, -i-n-c-l-u-d-i-n-g -h-i-s -p-a-r-e-n-t-s-, -s-i-b-l-i-n-g-s-, -w-i-f-e-, -a-n-d -c-h-i-l-d-r-e-n-. -(-B-) -S-t-a-t-e -l-a-n-d-s-.----L-a-n-d-s -a-n-d -i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -d-e-p-i-c-t-e-d -o-n -t-h-e -m-a-p -r-e-f-e-r-r-e-d -t-o -i-n -s-u-b-s-e-c-t-i-o-n -(-a-) -t-h-a-t -a-r-e -o-w-n-e-d -b-y -t-h-e -S-t-a-t-e -o-f -N-e-w -Y-o-r-k-, -o-r -a -p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -o-f -t-h-e -S-t-a-t-e-, -m-a-y -o-n-l-y -b-e -a-c-q-u-i-r-e-d -b-y -d-o-n-a-t-i-o-n-. -(-3-) -P-r-i-o-r-i-t-y-.----I-n -a-c-q-u-i-r-i-n-g -l-a-n-d-s -a-n-d -i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -p-u-r-s-u-a-n-t -t-o -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l-, -t-o -t-h-e -e-x-t-e-n-t -p-o-s-s-i-b-l-e-, -g-i-v-e -p-r-i-o-r-i-t-y -t-o -a-c-q-u-i-r-i-n-g -t-h-e -t-r-a-c-t -o-f -l-a-n-d-s -c-o-m-m-o-n-l-y -k-n-o-w-n -a-s -t-h-e -`-`-O-p-e-n -P-a-r-k -H-o-d-h-o-m-e -T-r-a-c-t-'-'-, -a-s -g-e-n-e-r-a-l-l-y -d-e-p-i-c-t-e-d -o-n -t-h-e -m-a-p -r-e-f-e-r-r-e-d -t-o -i-n -s-u-b-s-e-c-t-i-o-n -(-a-)-. -(-4-) -C-o-s-t-s-.----T-h-e -S-e-c-r-e-t-a-r-y -m-a-y -p-a-y -t-h-e -c-o-s-t-s-, -i-n-c-l-u-d-i-n-g -t-i-t-l-e -s-e-a-r-c-h -a-n-d -s-u-r-v-e-y-, -a-s-s-o-c-i-a-t-e-d -w-i-t-h -t-h-e -a-c-q-u-i-s-i-t-i-o-n -o-f -l-a-n-d-s -a-n-d -i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -p-u-r-s-u-a-n-t -t-o -t-h-i-s -s-e-c-t-i-o-n-. -(-b-) -A-d-m-i-n-i-s-t-r-a-t-i-o-n-.----L-a-n-d-s -a-n-d -i-n-t-e-r-e-s-t-s -i-n -l-a-n-d -a-c-q-u-i-r-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -p-u-r-s-u-a-n-t -t-o -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -a-d-d-e-d -t-o-, -a-n-d -a-d-m-i-n-i-s-t-e-r-e-d -a-s -p-a-r-t -o-f-, -t-h-e -F-r-a-n-k-l-i-n -D-e-l-a-n-o -R-o-o-s-e-v-e-l-t -N-a-t-i-o-n-a-l -H-i-s-t-o-r-i-c -S-i-t-e -o-r -t-h-e -E-l-e-a-n-o-r -R-o-o-s-e-v-e-l-t -N-a-t-i-o-n-a-l -H-i-s-t-o-r-i-c -S-i-t-e-, -a-s -a-p-p-r-o-p-r-i-a-t-e-. -(-c-) -A-u-t-h-o-r-i-z-a-t-i-o-n -o-f -A-p-p-r-o-p-r-i-a-t-i-o-n-s-.----T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -s-u-c-h -s-u-m-s -a-s -a-r-e -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-i-s -A-c-t-. SECTION 1. ACQUISITION OF LANDS. (a) In General.--(1) The Secretary of the Interior (hereinafter referred to as the ``Secretary'') is authorized to acquire, by purchase with donated or appropriated funds, donation, or otherwise, lands and interests therein in the following properties located at Hyde Park, New York identified as lands critical for protection as depicted on the map entitled ``Roosevelt Family Estate'' and dated September 1994: (A) The ``Open Park Hodhome Tract'', consisting of approximately 30 acres, which shall be the highest priority for acquisition. (B) The ``Top Cottage Tract'', consisting of approximately 30 acres. (C) The ``Poughkeepsie Shopping Center, Inc. Tract'', consisting of approximately 55 acres. (b) Administration.--Lands and interests therein acquired by the Secretary pursuant to this Act shall be added to, and administered by the Secretary as part of the Franklin Delano Roosevelt National Historic Site or the Eleanor Roosevelt National Historic Site, as appropriate. (c) Authorization of Appropriations.--There are hereby authorized to be appropriated not to exceed $3,000,000 to carry out this Act.

Authorizes the Secretary of the Interior to acquire lands and interests in specified properties located at Hyde Park, New York, identified as lands critical for protection on the Roosevelt Family Estate to be added to and administered by the Secretary as part of the Franklin Delano Roosevelt National Historic Site or the Eleanor Roosevelt National Historic Site. Authorizes appropriations.

A bill to provide for the acquisition of certain lands formerly occupied by the Franklin D. Roosevelt family, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officers' Benefits Improvement Act of 2016''. SEC. 2. REPORTS. Section 1205 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796c) is amended-- (1) in subsection (a), by inserting ``Rules, regulations, and procedures issued under this part may include regulations based on standards developed by another Federal agency for programs related to public safety officer death or disability claims.'' before the last sentence; (2) in subsection (b)-- (A) by inserting ``(1)'' before ``In making''; and (B) by adding at the end the following: ``(2) In making a determination under section 1201, the Bureau shall give substantial weight to the evidence and all findings of fact presented by a State, local, or Federal administrative or investigative agency regarding eligibility for death or disability benefits.''; and (3) by adding at the end the following: ``(e)(1)(A) Not later than 30 days after the date of enactment of this subsection, the Bureau shall make available on the public website of the Bureau information on all death, disability, and educational assistance claims submitted under this part that are pending as of the date on which the information is made available. ``(B) Not less frequently than once per week, the Bureau shall make available on the public website of the Bureau updated information with respect to all death, disability, and educational assistance claims submitted under this part that are pending as of the date on which the information is made available. ``(C) The information made available under this paragraph shall include-- ``(i) for each pending claim-- ``(I) the date on which the claim was submitted to the Bureau; ``(II) the State of residence of the claimant; ``(III) an anonymized, identifying claim number; and ``(IV) the nature of the claim; and ``(ii) the total number of pending claims that were submitted to the Bureau more than 1 year before the date on which the information is made available. ``(2)(A) Not later than 180 days after the date of enactment of this subsection, and every 180 days thereafter, the Bureau shall submit to Congress a report on the death, disability, and educational assistance claims submitted under this part. ``(B) Each report submitted under subparagraph (A) shall include information on-- ``(i) the total number of claims for which a final determination has been made during the 180-day period preceding the report; ``(ii) the amount of time required to process each claim for which a final determination has been made during the 180- day period preceding the report; ``(iii) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before that date for which a final determination has not been made; ``(iv) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before the date that is 1 year before that date for which a final determination has not been made; ``(v) for each claim described in clause (iv), a detailed description of the basis for delay; ``(vi) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before that date relating to exposure due to the September 11, 2001, terrorism attacks for which a final determination has not been made; ``(vii) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before the date that is 1 year before that date relating to exposure due to the September 11, 2001, terrorism attacks for which a final determination has not been made; ``(viii) for each claim described in clause (vii), a detailed description of the basis for delay; ``(ix) the total number of claims submitted to the Bureau relating to exposure due to the September 11, 2001, terrorism attacks for which a final determination was made during the 180-day period preceding the report, and the average award amount for any such claims that were approved; ``(x) the result of each claim for which a final determination was made during the 180-day period preceding the report, including the number of claims rejected and the basis for any denial of benefits; ``(xi) the number of final determinations which were appealed during the 180-day period preceding the report, regardless of when the final determination was first made; ``(xii) the average number of claims processed per reviewer of the Bureau during the 180-day period preceding the report; ``(xiii) for any claim submitted to the Bureau that required the submission of additional information from a public agency, and for which the public agency completed providing all of the required information during the 180-day period preceding the report, the average length of the period beginning on the date the public agency was contacted by the Bureau and ending on the date on which the public agency submitted all required information to the Bureau; ``(xiv) for any claim submitted to the Bureau for which the Bureau issued a subpoena to a public agency during the 180-day period preceding the report in order to obtain information or documentation necessary to determine the claim, the name of the public agency, the date on which the subpoena was issued, and the dates on which the public agency was contacted by the Bureau before the issuance of the subpoena; and ``(xv) information on the compliance of the Bureau with the obligation to offset award amounts under section 1201(f)(3), including-- ``(I) the number of claims that are eligible for compensation under both this part and the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42) (commonly referred to as the `VCF'); ``(II) for each claim described in subclause (I) for which compensation has been paid under the VCF, the amount of compensation paid under the VCF; ``(III) the number of claims described in subclause (I) for which the Bureau has made a final determination; and ``(IV) the number of claims described in subclause (I) for which the Bureau has not made a final determination. ``(3) Not later than 5 years after the date of enactment of the Public Safety Officers' Benefits Improvement Act of 2016, and every 5 years thereafter, the Comptroller General of the United States shall-- ``(A) conduct a study on the compliance of the Bureau with the obligation to offset award amounts under section 1201(f)(3); and ``(B) submit to Congress a report on the study conducted under subparagraph (A) that includes an assessment of whether the Bureau has provided the information required under subparagraph (B)(ix) of paragraph (2) of this subsection in each report required under that paragraph. ``(4) In this subsection, the term `nature of the claim' means whether the claim is a claim for-- ``(A) benefits under this subpart with respect to the death of a public safety officer; ``(B) benefits under this subpart with respect to the disability of a public safety officer; or ``(C) education assistance under subpart 2.''. SEC. 3. AGE LIMITATION FOR CHILDREN. Section 1212(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1(c)) is amended-- (1) by striking ``No child'' and inserting the following: ``(1) In general.--Subject to paragraph (2), no child''; and (2) by adding at the end the following: ``(2) Delayed approvals.-- ``(A) Educational assistance application.--If a claim for assistance under this subpart is approved more than 1 year after the date on which the application for such assistance is filed with the Attorney General, the age limitation under this subsection shall be extended by the length of the period-- ``(i) beginning on the day after the date that is 1 year after the date on which the application is filed; and ``(ii) ending on the date on which the application is approved. ``(B) Claim for benefits for death or permanent and total disability.--In addition to an extension under subparagraph (A), if any, for an application for assistance under this subpart that relates to a claim for benefits under subpart 1 that was approved more than 1 year after the date on which the claim was filed with the Attorney General, the age limitation under this subsection shall be extended by the length of the period-- ``(i) beginning on the day after the date that is 1 year after the date on which the claim for benefits is submitted; and ``(ii) ending on the date on which the claim for benefits is approved.''. SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS. Subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended by adding at the end the following: ``SEC. 1206. DUE DILIGENCE IN PAYING BENEFIT CLAIMS. ``(a) In General.--The Bureau, with all due diligence, shall expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this part, including a claim for financial assistance under subpart 2. ``(b) Sufficient Information Unavailable.--If a benefit claim filed under this part, including a claim for financial assistance under subpart 2, is unable to be adjudicated by the Bureau because of a lack of information or documentation from a third party, such as a public agency, the Bureau may not abandon the benefit claim unless the Bureau has utilized the investigative tools available to the Bureau to obtain the necessary information or documentation, including subpoenas.''. SEC. 5. PRESUMPTION THAT OFFICER ACTED PROPERLY. Section 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended-- (1) by striking ``No benefit'' and inserting the following: ``(a) In General.--No benefit''; and (2) by adding at the end the following: ``(b) Presumption.--In determining whether a benefit is payable under this part, the Bureau shall-- ``(1) presume that none of the limitations described in subsection (a) apply; and ``(2) have the burden of establishing by clear and convincing evidence that a limitation described in subsection (a) applies.''. SEC. 6. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall-- (1) take effect on the date of enactment of this Act; and (2) apply to any benefit claim or application under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) that is-- (A) pending before the Bureau of Justice Assistance on the date of enactment; or (B) received by the Bureau on or after the date of enactment of this Act.

Public Safety Officers' Benefits Improvement Act of 2016 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise requirements for the Public Safety Officers' Benefits (PSOB) program. (The PSOB program provides death, disability, and education benefits to public safety officers and survivors of public safety officers who are killed or injured in the line of duty.) It authorizes the Department of Justice's Bureau of Justice Assistance (BJA) to establish PSOB program rules, regulations, and procedures based on standards developed by another federal agency. In determining a claimant's eligibility for death or disability benefits, the BJA must give substantial weight to evidence and facts presented by a state, local, or federal agency. The BJA must also publish and update information on pending claims and report to Congress on submitted claims for death, disability, and educational benefits. This section extends the age limitation for a PSOB claim for death, disability, or education benefits that is approved more than one year after the date on which it was filed. The BJA must attempt to obtain necessary documentation to determine a claimant's eligibility for death, disability, or education benefits. If it cannot determine eligibility due to a lack of documentation from a third party (e.g., a public agency), then the BJA may abandon the claim only after it utilizes investigative tools, including subpoenas, to obtain the information. The bill establishes a rebuttable presumption that a public safety officer acted properly at the time of injury or death and that no specified limitation (e.g., voluntary intoxication at the time of injury or death) bars the payment of death or disability benefits. The BJA may rebut the presumption by clear and convincing evidence to the contrary.

Public Safety Officers' Benefits Improvement Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Scott Gardner Act''. (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. Improved Federal sharing of immigration information. Sec. 4. State and local reporting of immigration information. Sec. 5. DWI and immigration information in the National Criminal Information Center. Sec. 6. State and local enforcement of Federal immigration laws. Sec. 7. Detention and deportation of aliens for driving while intoxicated. Sec. 8. Federal detention facilities. SEC. 2. DEFINITIONS. In this Act: (1) DWI.--The term ``DWI'' means driving while intoxicated and any similar motor vehicle violation. (2) Federal immigration database.--The term ``Federal immigration database'' means-- (A) the database of the LESC insofar as it relates to immigration information; (B) the database of the NCIC insofar as it relates to immigration information; and (C) any other database containing immigration information identified by the Secretary of Homeland Security. (3) Immigration information.--The term ``immigration information'' means information specified by the Secretary, in consultation with the Attorney General, relating to immigration, including illegal immigration. (4) LESC.--The term ``LESC'' means the Law Enforcement Support Center. (5) NCIC.--The term ``NCIC'' means the National Crime Information Center of the Federal Bureau of Investigation. (6) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. IMPROVED FEDERAL SHARING OF IMMIGRATION INFORMATION. (a) In General.--The Secretary shall share immigration information with the Attorney General. (b) Improved Operation of Federal Immigration Databases.-- (1) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary and the Attorney General shall jointly submit to Congress a report on methods for improving performance of Federal immigration databases to ensure the prompt entry of immigration information into such databases. (2) Compatibility.--The report submitted under paragraph (1) shall contain proposals to improve the compatibility among Federal immigration databases in order to-- (A) improve data entry, including eliminating data entry backlogs; (B) improve the means by which immigration information is exchanged; and (C) increase accessibility of information to Federal, State, and local law enforcement agencies. (3) Progress.--The report submitted under paragraph (1) shall describe-- (A) the progress made in eliminating data entry backlogs in such databases; and (B) any additional resources required to eliminate such backlogs. SEC. 4. STATE AND LOCAL REPORTING OF IMMIGRATION INFORMATION. (a) Requirement.-- (1) In general.--Subject to subsection (c), the director of each State and local law enforcement agency receiving Federal financial assistance under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) shall, as a condition of such assistance, submit a report to the Secretary, in such form, in such manner, and containing such immigration and DWI information collected in the course of the director's normal duties as the Secretary requires for entry into Federal immigration databases. (2) Report on resources.--Not later than 90 days after the date of the enactment of this Act, the Secretary and the Attorney General shall jointly submit to Congress a report on additional resources required by State and local law enforcement agencies to comply with the requirement under paragraph (1). (b) Promotion of Law Enforcement Support Center.--The Secretary shall promote the use of the LESC by State and local law enforcement agencies. (c) Exemption From State and Local Reporting Requirement.--State and local law enforcement agencies are not required to collect or report immigration information relating to any individual who assists law enforcement agencies in the performance of the duties of such agencies, including assistance as an informant, a witness, or in a similar capacity. SEC. 5. DWI AND IMMIGRATION INFORMATION IN THE NATIONAL CRIMINAL INFORMATION CENTER. (a) Inclusion.--DWI and immigration information in the NCIC-- (1) shall appear as a flag in the Wanted Person File of the NCIC database; and (2) shall be timely and readily available to State and local law enforcement officers while they are in the course of their normal duties. (b) Mandatory Detention.--A State or local law enforcement officer who finds a flag for a DWI and immigration violation of an alien in the Wanted Person File of the NCIC and who arrests the alien shall detain the alien in a State or local jail until the alien can be transferred to Federal custody. SEC. 6. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS. (a) In General.--Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended-- (1) in paragraph (1), by striking ``may enter'' and inserting ``shall enter''; (2) in paragraph (2), by adding at the end the following: ``If such training is provided by a State or political subdivision of a State to an officer or employee of such State or political subdivision of a State, the cost of such training (including applicable overtime costs) shall be reimbursed by the Secretary of Homeland Security.''; (3) by striking paragraph (9); and (4) by redesignating paragraph (10) as paragraph (9). (b) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations to carry out the amendments made by subsection (a). (c) Effective Dates.-- (1) Requirement for agreement.--Except as provided under paragraph (2), the amendments made by subsection (a) shall take effect on the earlier of-- (A) the date on which regulations are issued under paragraph (1); and (B) the date that is 1 year after the date of the enactment of this Act. (2) Payment for training costs.--The amendment made by subsection (a)(2) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 7. DETENTION AND DEPORTATION OF ALIENS FOR DRIVING WHILE INTOXICATED. (a) In General.--Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (C), by striking ``, or'' at the end; (B) in subparagraph (D), by striking the comma at the end and inserting ``; or''; and (C) by inserting after subparagraph (D) the following: ``(E) is deportable on any grounds and is apprehended for driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security) by a State or local law enforcement officer covered under an agreement under section 287(g),''; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: ``(e) Driving While Intoxicated.--If a State or local law enforcement officer apprehends an individual for an offense described in subsection (c)(1)(E) and the officer has reasonable grounds to believe that the individual is an alien-- ``(1) the officer shall use the databases of the Federal Government, including the National Criminal Information Center and the Law Enforcement Support Center, to determine if the individual-- ``(A) is an alien; and ``(B) is unlawfully present in the United States; and ``(2) if any database under paragraph (1) indicates that the individual is an alien unlawfully present in the United States-- ``(A) an officer covered under an agreement under section 287(g) may issue a Federal detainer to maintain the alien in custody in accordance with such agreement until the alien is convicted for such offense or the alien is transferred to Federal custody; ``(B) the officer may transport the alien to a location where the alien can be transferred to Federal custody and removed from the United States in accordance with applicable law; and ``(C) the Secretary of Homeland Security shall reimburse the State and local law enforcement agencies involved for the costs of transporting aliens when such transportation is not done in the course of their normal duties; or ``(3) if any database under paragraph (1) indicates that the individual is an alien that is not unlawfully present in the United States, the officer shall-- ``(A) take the alien into custody for such offense in accordance with State law; ``(B) promptly notify the Secretary of Homeland Security of such apprehension; and ``(C) maintain the alien in custody pending a determination by the Secretary with respect to any action to be taken by the Secretary against such alien.''. (b) Deportation for Driving While Intoxicated.-- (1) In general.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(F) Driving while intoxicated.--Any alien who is convicted of driving while intoxicated, driving under the influence, or a similar violation of State law (as determined by the Secretary of Homeland Security), or who refuses, in violation of State law, to submit to a Breathalyzer test or other test for the purpose of determining blood alcohol content is deportable and shall be deported.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to violations or refusals occurring after the date of enactment of this Act. (c) Sharing of Information by Motor Vehicle Administrators Regarding DWI Convictions and Refusals.--Each State motor vehicle administrator shall-- (1) share information with the Secretary relating to any alien who has a conviction or refusal described in section 237(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(F)); (2) share such information with other State motor vehicle administrators through the Drivers License Agreement of the American Association of Motor Vehicle Administrators; and (3) provide such information to the NCIC at such time and in such form as the Secretary may require. SEC. 8. FEDERAL DETENTION FACILITIES. (a) Report on Current Allocation Formula; Recommendations for Stop- Gap Measures.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes the formula for allocation of Federal detention facilities for aliens under section 241(g) of the Immigration and Nationality Act (8 U.S.C. 1231(g)). The report shall include proposals for the temporary expansion of State and local jails to detain increased numbers of illegal aliens pending construction or expansion of Federal detention facilities. (b) New Construction in High Concentration Areas.--In accordance with such section 241(g), the Secretary shall ensure that, to the greatest extent practicable, construction of new detention facilities is undertaken in or near areas in which the Secretary has determined that there is a high concentration of illegal aliens. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Scott Gardner Act - Directs the Secretary of Homeland Security to share immigration information with the Attorney General. Requires a joint report from such officials to Congress on improving the performance of federal immigration databases to ensure the prompt entry of immigration information. Requires: (1) the director of each state and local law enforcement agency receiving federal incarceration funds under the Immigration and Nationality Act (INA) to collect and report to the Secretary all immigration and DWI (driving while intoxicated) information collected in the course of normal duties; (2) such information to appear in the wanted person file of the National Criminal Information Center (NCIC) database; and (3) state or local detention of an arrested flagged alien pending federal transfer. Amends INA to: (1) require the Secretary to reimburse the costs of training state and local law enforcement employees on federal immigration laws; and (2) authorize the apprehension and detention of an alien for DWI or a similar violation, as long as the alien is deportable on any other grounds or is an illegal alien. Requires each state motor vehicle administrator to share with the Secretary all information concerning aliens with records of DWI convictions or refusals to take sobriety tests. Directs the Secretary to submit to Congress a formula for the allocation of federal detention facilities for aliens.

A bill to improve sharing of immigration information among Federal, State, and local law enforcement officials, to improve State and local enforcement of immigration laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smaller Schools, Stronger Communities Act''. SEC. 2. SMALLER SCHOOLS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following new part: ``PART L--SMALLER SCHOOLS ``SEC. 10995. FINDINGS. ``Congress finds the following: ``(1) Since World War II, the conventional wisdom among educators has been that larger schools are better and accordingly the number of secondary schools in the United States has declined by 70 percent, while average school size has grown by 5 times. But over the past few years, educators have begun to question the approach that bigger schools are always better. ``(2) The National Association of Secondary School Principals (referred to in this section as the NAASP) recently recommended that the high school of the 21st Century be ``much more student-centered and above all much more personalized in programs, support services and intellectual rigor.'' The NAASP stated that students take more interest in school when they experience a sense of belonging and that students benefit from a more intimate setting in which their presence is more readily and repeatedly acknowledged. ``(3) The NAASP also warns that the ``bigness'' of high schools shrouds many young people ``in a cloak of anonymity'' and recommends that high schools should restructure the space and time of high schools so that students are no longer ``invisible and melt into their surroundings''. NAASP recommends that high schools change their structure to limit their enrollments to self-operating units of not more than 600 students, either through constructing new buildings or through creating ``school-within-school'' units. It also suggests changing the relationship between teachers and students by reducing the number of class changes students make each day and allowing teachers to have more time with smaller numbers of students. ``(4) Research shows that larger school size tends to stratify students into different tracks which are often based on children's educational and social backgrounds. Larger schools foster inequitable educational outcomes, where there are great differences between the educational achievement of students within the same school. ``(5) Research shows that in smaller, more personalized, and less bureaucratic schools, inequities between student achievement are smaller and that students in smaller schools perform better in the core subjects of reading, math, history, and science and are more engaged in their courses. In addition, smaller schools have higher attendance rates and higher participation in school activities. ``(6) Research shows that because achievement levels in smaller schools are more equitably distributed, students who come from more disadvantaged economic and educational backgrounds show the greatest achievement gains in smaller schools. ``SEC. 10996. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to provide flexible challenge grants to local educational agencies to implement and administer plans to create smaller schools. ``(b) Consideration; Assurance; and Priority.--The Secretary, in awarding grants under this part to local educational agencies shall-- ``(1) consider the number of students served and the number, location, and size of the schools which serve such students; and ``(2) assure, to the extent practicable, an equitable distribution of assistance among urban and rural areas of the United States and among urban and rural areas of a State. ``(3) give priority to local educational agencies that establish a target number for attendance at-- ``(A) each high school of not more than 600 students or create self-operating academic units within a high school of not more than 600; and ``(B) each elementary school or middle school of not more than 400 students. ``(c) Limitation.--The Secretary may award not more than $2,000,000 to any local educational agency selected to receive a grant award under this part. ``SEC. 10997. APPLICATION. ``(a) In General.-- ``(1) In general.--A local educational agency wishing to implement smaller school plans shall apply to the Secretary for a flexible challenge grant at such time and in such form as the Secretary may reasonably require. ``(2) Application form.--The Secretary shall develop a application that is simple and brief in form. ``(b) Eligibility.--To be eligible to receive a grant under this part, a local educational agency shall submit a 5-year plan that-- ``(1) calculates the number of students enrolled in each school during the preceding school year divided by the number of schools in such agency; and ``(2) describes how such agency plans to reduce the size of its schools by creating `schools within schools,' or building new schools to reduce average school sizes. ``SEC. 10998. USES OF FUNDS AND REPORTING. ``(a) Uses of Funds.--Funds received under this part may be used-- ``(1) to hire additional staff; ``(2) for planning, feasibility studies, and architectural fees to design or remodel school facilities; and ``(3) for any other reasonable expense, but shall not include the costs directly associated with the renovation of existing facilities or the purchase or construction of new facilities. ``(b) Reporting.--Each local educational agency that receives a grant under this part shall report annually to the Secretary regarding how such funds were spent. ``SEC. 10999. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2000, $100,000,000 for fiscal year 2001, $200,000,000 for fiscal year 2002, and $300,000,000 for fiscal year 2003.''.

Requires the Secretary, in awarding such grants, to: (1) consider the number of students served and the number, location, and size of the schools; (2) assure an equitable distribution of assistance among urban and rural areas of the Nation and of a State; and (3) give priority to LEAs that establish a target number of not more than 600 students for attendance at (or in a self-operating academic unit within) each high school, and not more than 400 for each elementary school or middle school. Allows use of grant funds for: (1) hiring additional staff; (2) planning, feasibility studies, and architectural fees to design or remodel school facilities; and (3) other reasonable expenses. Prohibits use of grant funds to cover costs directly associated with the renovation of existing facilities or the purchase or construction of new facilities. Authorizes appropriations.

Smaller Schools, Stronger Communities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlocking Consumer Choice and Wireless Competition Act''. SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULEMAKING BY LIBRARIAN OF CONGRESS. (a) Repeal and Replace.--As of the date of the enactment of this Act, paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as amended and revised by the Librarian of Congress on October 28, 2012, pursuant to the Librarian's authority under section 1201(a) of title 17, United States Code, shall have no force and effect, and such paragraph shall read, and shall be in effect, as such paragraph was in effect on July 27, 2010. (b) Rulemaking.-- (1) In general.--The Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall determine, consistent with the requirements set forth under section 1201(a)(1) of title 17, United States Code, whether to extend the exemption for the class of works described in section 201.40(b)(3) of title 37, Code of Federal Regulations, as amended by subsection (a), to include any other category of wireless devices in addition to wireless telephone handsets. (2) Timing of rulemaking.--(A) If this Act is enacted before June 1, 2014, the determination under paragraph (1) shall be made by not later than the end of the 9-month period beginning on the date of the enactment of this Act. (B) If this Act is enacted on or after June 1, 2014, the determination under paragraph (1) shall be made in the first rulemaking under section 1201(a)(1)(C) of title 17, United States Code, that begins on or after the date of the enactment of this Act. (c) Unlocking at Direction of Owner.-- (1) In general.--Circumvention of a technological measure that restricts wireless telephone handsets or other wireless devices from connecting to a wireless telecommunications network-- (A)(i) as authorized by paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as made effective by subsection (a), and (ii) as may be extended to other wireless devices pursuant to a determination in the rulemaking conducted under subsection (b), or (B) as authorized by an exemption adopted by the Librarian of Congress pursuant to a determination made on or after the date of enactment of this Act under section 1201(a)(1)(C) of title 17, United States Code, may be initiated by the owner of any such handset or other device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. (2) No bulk unlocking.--Nothing in this subsection shall be construed to permit the unlocking of wireless handsets or other wireless devices, for the purpose of bulk resale, or to authorize the Librarian of Congress to authorize circumvention for such purpose under this Act, title 17, United States Code, or any other provision of law. (d) Rule of Construction.--Except as provided in subsection (c), nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) of title 17, United States Code. (e) Definitions.--In this Act: (1) Commercial mobile data service; commercial mobile radio service.--The terms ``commercial mobile data service'' and ``commercial mobile radio service'' have the respective meanings given those terms in section 20.3 of title 47, Code of Federal Regulations, as in effect on the date of the enactment of this Act. (2) Wireless telecommunications network.--The term ``wireless telecommunications network'' means a network used to provide a commercial mobile radio service or a commercial mobile data service. (3) Wireless telephone handsets; wireless devices.--The terms ``wireless telephone handset'' and ``wireless device'' mean a handset or other device that operates on a wireless telecommunications network. Passed the House of Representatives February 25, 2014. Attest: KAREN L. HAAS, Clerk.

Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones. Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. Prohibits such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose.

Unlocking Consumer Choice and Wireless Competition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Corps Youth Sentencing Alternative for Vocational Education and Training Act'' or the ``YOUTHSAVE Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Over 1,000,000 offenders are incarcerated in the Nation's prisons and jails, and Federal and State correctional systems face severe prison overcrowding. (2) The annual costs of incarceration range as high as $36,000 per inmate and represent one of the fastest growing expenses facing States. (3) Most juvenile offenders, regardless of the seriousness of their crimes, are released at the age of 21, and are poorly educated, unskilled, and unprepared to enter the workforce. (4) Research on crime prevention shows that early intervention directed at first-time offenders is essential to helping them avoid a lifetime of crime. (5) Studies have shown that inmates who receive job training in prison are 3 times less likely to return to jail after being released than their counterparts who do not receive job training. (6) The current system of juvenile incarceration usually serves to warehouse offenders without providing effective counseling, education, and job training necessary to reorient youth inmates away from crime. (7) Successful efforts to educate and train convicted youths could result in substantial cost savings in terms of reduced crime, incarceration, public assistance, and in higher payroll tax revenues. (8) The Job Corps program, authorized under part B of title IV of the Job Training Partnership Act (29 U.S.C. 1691 et seq.), is the Nation's only residential education and vocational training program targeted to serve low-income youth who face multiple barriers to becoming economically self- sufficient. (9) The Job Corps program has a documented record of success during its 29 years of operation, including a 75 percent placement rate of successfully helping graduates obtain permanent employment, return to school, or enter the armed services, and such program returns $1.46 on every $1.00 invested in the program. (10) Eligibility requirements of the Job Corps program limit the participation of youths with certain behavioral problems and youths who are being adjudicated or have been convicted of crimes. (11) Under section 433(a)(3) of the Job Training Partnership Act (29 U.S.C. 1703(a)(3)), the Secretary of Labor is authorized to undertake one or more pilot projects designed to involve youths who have a history of behavioral problems in order to provide these youths with the education, job training, and counseling services that have proved so successful among regular Job Corps participants. (b) Purposes.--The purposes of this Act are-- (1) to establish separate Job Corps Youthsave centers for youths who have been convicted of nonviolent criminal offenses which shall be an alternative sentencing option for such youths; (2) to provide youth offenders at such centers with intensive counseling, education, and job training in order to help them become self-sufficient members of society; and (3) to provide a disciplined environment at such centers in which youth offenders can receive maximum benefit from regular Job Corps services and other services geared specifically to the needs of such offenders. SEC. 3. ESTABLISHMENT OF JOB CORPS YOUTHSAVE PROGRAM. (a) In General.--Part B of title IV of the Job Training Partnership Act (29 U.S.C. 1691 et seq.) is amended by inserting after section 433A the following new section: ``SEC. 433B. JOB CORPS YOUTHSAVE PROGRAM. ``(a) Authorization.--The Secretary is authorized to make agreements in accordance with section 427 with entities described in such section for the purpose of establishing and operating up to 10 Job Corps Youthsave centers to provide comprehensive education and training services to eligible youths described in subsection (b). Such Youthsave centers shall be established and operated separately from the Job Corps centers established and operated pursuant to section 427. ``(b) Eligible Youths.--A youth shall be eligible to become an enrollee in the Job Corps at a center established and operated under subsection (a) only if-- ``(1) the youth meets the eligibility requirements described in section 423 (except the requirements described in paragraph (4) of such section); and ``(2) the youth has been convicted of a non-violent criminal offense under Federal or State law and the sentence of such offense is active at the time of enrollment. ``(c) Screening and Selection.-- ``(1) In general.--(A) The Secretary, in consultation with the individuals and entities described in subparagraph (B), shall develop regulations for the screening and selection of applicants for the Job Corps at centers established and operated under subsection (a). ``(B) The individuals and entities described in this subparagraph include the Attorney General, State attorneys general, and appropriate individuals and entities such as community action agencies, community-based organizations, public employment agencies, individuals and entities administering programs under title II, professional organizations, labor organizations, and agencies and individuals having contact with youths over a substantial period of time and able to offer reliable information as to the needs and problems of such youths. ``(2) Interviewing requirements.--The Secretary shall ensure that the regulations described in paragraph (1) provide for the interviewing of each applicant for the purpose of-- ``(A) ensuring that the applicant understands that enrollment in the Job Corps at a center established and operated under subsection (a) is 1 sentencing option available to such applicant; ``(B) ensuring that the applicant chooses such option freely and for the purpose of receiving education and job training services; ``(C) ensuring that the applicant understands the Job Corps program and what will be expected of the applicant in the event of acceptance; ``(D) obtaining from the applicant pertinent data relating to background and needs of such applicant; and ``(E) determining whether the applicant's educational and vocational needs can be met through the Job Corps at a center established and operated under subsection (a). ``(3) Special limitation.--The requirements described in section 425(a) shall apply with respect to the screening and selection of applicants for the Job Corps at centers established and operated under subsection (a). ``(4) Dissemination.--The Secretary shall disseminate the regulations developed under paragraph (1) to appropriate individuals and organizations, including Federal and State courts, probation officers, parole officers, appropriate social service entities providing services to juvenile offenders, and other law enforcement authorities and personnel. ``(d) Education and Training Services.--The Secretary may not enter into an agreement with an entity described in section 427 for the purpose of establishing and operating a center under subsection (a) unless the entity agrees that it will provide enrollees with a comprehensive program of education, vocational training, work experience, planned vocational activities, physical rehabilitation and development, and counseling. ``(e) Project Agreement.--Each center established and operated under subsection (a) shall provide services and facilities under a project agreement with 1 or more State or local agencies that-- ``(1) requires such State and local agencies to provide, in the aggregate, not less than 30 percent of the cost attributable to operating such center; and ``(2) contains or is accompanied by such other information and assurances as the Secretary may require. ``(f) Instructor Training.--The Secretary shall ensure that each center established and operated under subsection (a) is staffed with instructors who have received appropriate training in techniques in dealing with youth offenders. ``(g) Maintenance of Information.--The Secretary shall maintain information, separate from regular Job Corps statistics, on the performance of the centers established and operated under subsection (a) and the enrollees served by such centers, including placement statistics and other related tracking information on the performance of such enrollees. ``(h) Outreach.--The Secretary shall disseminate information regarding the centers established and operated under subsection (a) to appropriate Federal and State judges, juvenile delinquency prevention personnel, attorneys, community-based organizations, and other interested individuals and organizations for the purpose of increasing awareness of and referrals to such centers. ``(i) Authorization of Appropriations.-- ``(1) In general.--In addition to amounts authorized to be appropriated under section 3(d) for a fiscal year, there are authorized to be appropriated to carry out subsection (a) $60,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 through 2004. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. (b) Conforming Amendment.--The table of contents of the Job Training Partnership Act is amended by inserting after the item relating to section 433A the following new item: ``Sec. 433B. Job Corps Youthsave Program.''.

Job Corps Youth Sentencing Alternative for Vocational Education and Training Act (or YOUTHSAVE Act) - Amends the Job Training Partnership Act to establish a separate Youthsave program, under the Job Corps program, to provide education and job training services to eligible youths convicted of non-violent criminal offenses. Authorizes the Secretary of Labor to make agreements with specified entities to establish and operate up to ten Youthsave centers. Authorizes appropriations.

YOUTHSAVE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missouri River Enhancement and Monitoring Act of 2002''. SEC. 2. DEFINITIONS. In this Act: (1) Center.--The term ``Center'' means the River Studies Center of the Biological Resources Division of the United States Geological Survey, located in Columbia, Missouri. (2) Committee.--The term ``Committee'' means the Missouri River Basin Stakeholder Committee established under section 4(a). (3) 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). (4) Program.--The term ``program'' means the Missouri River monitoring and research program established under section 3(a). (5) River.--The term ``River'' means the Missouri River. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Biological Resources Division of the United States Geological Survey. (7) State.--The term ``State'' means-- (A) the State of Iowa; (B) the State of Kansas; (C) the State of Missouri; (D) the State of Montana; (E) the State of Nebraska; (F) the State of North Dakota; (G) the State of South Dakota; and (H) the State of Wyoming. (8) State agency.--The term ``State agency'' means an agency of a State that has jurisdiction over fish and wildlife of the River. SEC. 3. MISSOURI RIVER MONITORING AND RESEARCH PROGRAM. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish the Missouri River monitoring and research Program-- (1)(A) to coordinate the collection of information on the biological and water quality characteristics of the River; and (B) to evaluate how those characteristics are affected by hydrology; (2) to coordinate the monitoring and assessment of biota (including threatened or endangered species) and habitat of the River; and (3) to make recommendations on means to assist in restoring the ecosystem of the River. (b) Consultation.--In establishing the program under subsection (a), the Secretary shall consult with-- (1) the Biological Resources Division of the United States Geological Survey; (2) the Director of the United States Fish and Wildlife Service; (3) the Chief of Engineers; (4) the Western Area Power Administration; (5) the Administrator of the Environmental Protection Agency; (6) the Governors of the States, acting through-- (A) the Missouri River Natural Resources Committee; and (B) the Missouri River Basin Association; and (7) the Indian tribes of the Missouri River Basin. (c) Administration.--The Center shall administer the program. (d) Activities.--In administering the program, the Center shall-- (1) establish a baseline of conditions for the River against which future activities may be measured; (2) monitor biota (including threatened or endangered species), habitats, and the water quality of the River; (3) if initial monitoring carried out under paragraph (2) indicates that there is a need for additional research, carry out any additional research appropriate to-- (A) advance the understanding of the ecosystem of the River; and (B) assist in guiding the operation and management of the River; (4) use any scientific information obtained from the monitoring and research to assist in the recovery of the threatened species and endangered species of the River; and (5) establish a scientific database that shall be-- (A) coordinated among the States and Indian tribes of the Missouri River Basin; and (B) readily available to members of the public. (e) Contracts With Indian Tribes.-- (1) In general.--Notwithstanding any other provision of law, the Secretary shall enter into contracts in accordance with section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) with Indian tribes that have-- (A) reservations located along the River; and (B) an interest in monitoring and assessing the condition of the River. (2) Requirements.--A contract entered into under paragraph (1) shall be for activities that-- (A) carry out the purposes of this Act; and (B) complement any activities relating to the River that are carried out by-- (i) the Center; or (ii) the States. (f) Monitoring and Recovery of Threatened Species and Endangered Species.--The Center shall provide financial assistance to the United States Fish and Wildlife Service and State agencies to monitor and recover threatened species and endangered species, including monitoring the response of pallid sturgeon to reservoir operations on the mainstem of the River. (g) Grant Program.-- (1) In general.--The Center shall carry out a competitive grant program under which the Center shall provide grants to States, Indian tribes, research institutions, and other eligible entities and individuals to conduct research on the impacts of the operation and maintenance of the mainstem reservoirs on the River on the health of fish and wildlife of the River, including an analysis of any adverse social and economic impacts that result from reoperation measures on the River. (2) Requirements.--On an annual basis, the Center, the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, and the Missouri River Natural Resources Committee, shall-- (A) prioritize research needs for the River; (B) issue a request for grant proposals; and (C) award grants to the entities and individuals eligible for assistance under paragraph (1). (h) Allocation of Funds.-- (1) Center.--Of amounts made available to carry out this section, the Secretary shall make the following percentages of funds available to the Center: (A) 35 percent for fiscal year 2003. (B) 40 percent for fiscal year 2004. (C) 50 percent for each of fiscal years 2005 through 2017. (2) States and indian tribes.--Of amounts made available to carry out this section, the Secretary shall use the following percentages of funds to provide assistance to States or Indian tribes of the Missouri River Basin to carry out activities under subsection (d): (A) 65 percent for fiscal year 2003. (B) 60 percent for fiscal year 2004. (C) 50 percent for each of fiscal years 2005 through 2017. (3) Use of allocations.-- (A) In general.--Of the amount made available to the Center for a fiscal year under paragraph (1)(C), not less than-- (i) 20 percent of the amount shall be made available to provide financial assistance under subsection (f); and (i) 33 percent of the amount shall be made available to provide grants under subsection (g). (B) Administrative and other expenses.--Any amount remaining after application of subparagraph (A) shall be used to pay the costs of-- (i) administering the program; (ii) collecting additional information relating to the River, as appropriate; (iii) analyzing and presenting the information collected under clause (ii); and (iv) preparing any appropriate reports, including the report required by subsection (i). (i) Report.--Not later than 3 years after the date on which the program is established under subsection (a), and not less often than every 3 years thereafter, the Secretary, in cooperation with the individuals and agencies referred to in subsection (b), shall-- (1) review the program; (2) establish and revise the purposes of the program, as the Secretary determines to be appropriate; and (3) submit to the appropriate committees of Congress a report on the environmental health of the River, including-- (A) recommendations on means to assist in the comprehensive restoration of the River; and (B) an analysis of any adverse social and economic impacts on the River, in accordance with subsection (g)(1). SEC. 4. MISSOURI RIVER BASIN STAKEHOLDER COMMITTEE. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Governors of the States and the governing bodies of the Indian tribes of the Missouri River Basin shall establish a committee to be known as the ``Missouri River Basin Stakeholder Committee'' to make recommendations to the Federal agencies with jurisdiction over the River on means of restoring the ecosystem of the River. (b) Membership.--The Governors of the States and governing bodies of the Indian tribes of the Missouri River Basin shall appoint to the Committee-- (1) representatives of-- (A) the States; and (B) Indian tribes of the Missouri River Basin; (2) individuals in the States with an interest in or expertise relating to the River; and (3) such other individuals as the Governors of the States and governing bodies of the Indian tribes of the Missouri River Basin determine to be appropriate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) to carry out section 3-- (A) $6,500,000 for fiscal year 2003; (B) $8,500,000 for fiscal year 2004; and (C) $15,100,000 for each of fiscal years 2005 through 2017; and (2) to carry out section 4, $150,000 for fiscal year 2003.

Missouri River Enhancement and Monitoring Act of 2002 - Directs the Secretary of the Interior, acting through the Biological Resources Division of the U.S. Geological Survey, to establish the Missouri River monitoring and research program to: (1) coordinate the collection of information on the biological and water quality characteristics of the Missouri River and evaluate how those characteristics are affected by hydrology; (2) coordinate the monitoring and assessment of biota (including threatened or endangered species) and habitat of the River; and (3) make recommendations on means to assist in restoring the River's ecosystem.Designates the River Studies Center of that Division, located in Columbia, Missouri, to administer the program. Directs the Center to: (1) assist in the recovery of the threatened and endangered species of the River; (2) establish a scientific database; (3) enter into contracts with Indian tribes that have reservations along the River for activities supporting this Act; (4) provide financial assistance to the U.S. Fish and Wildlife Service and State agencies to monitor and recover threatened and endangered species; and (5) carry out a competitive grant program for research on the impacts of the operation and maintenance of the River's mainstem reservoirs on the health of fish and wildlife.Requires the Center, the Directors of the Fish and Wildlife Service and of the Geological Survey, and the Missouri River Natural Resources Committee to: (1) prioritize research needs; (2) issue a request for grant proposals; and (3) award grants.Directs the Governors of specified States and the governing bodies of the Indian tribes of the Missouri River Basin to establish a Missouri River Basin Stakeholder Committee to make recommendations to Federal agencies on means of restoring the River's ecosystem.

A bill to direct the Secretary of the Interior to establish the Missouri River Monitoring and Research Program, to authorize the establishment of the Missouri River Basin Stakeholder Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Language of Government Act of 1995''. SEC. 2. FINDINGS AND CONSTRUCTION. (a) Findings.--The Congress finds and declares-- (1) that the United States is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds; (2) that the United States has benefited and continues to benefit from this rich diversity; (3) that throughout the history of the Nation, the common thread binding those of differing backgrounds has been a common language; (4) that in order to preserve unity in diversity, and to prevent division along linguistic lines, the United States should maintain a language common to all people; (5) that English has historically been the common language and the language of opportunity in the United States; (6) that the use of a single common language in the conduct of the Government's official business will promote efficiency and fairness to all people; and (7) that English should be recognized in law as the language of official business of the Government. (b) Construction.--The amendments made by section 3-- (1) are not intended in any way to discriminate against or restrict the rights of any individual in the United States; (2) are not intended to discourage or prevent the use of languages other than English in any nonofficial capacity; and (3) except where an existing law of the United States directly contravenes the amendments made by section 3 (such as by requiring the use of a language other than English for official business of the Government of the United States), are not intended to repeal existing laws of the United States. SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF GOVERNMENT. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language of Government. ``162. Preserving and enhancing the role of the official language. ``163. Official Government activities in English. ``164. Standing. ``165. Definitions. ``Sec. 161. Declaration of official language of Government ``The official language of the Government of the United States is English. ``Sec. 162. Preserving and enhancing the role of the official language ``The Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the United States Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official Government activities in English ``(a) Conduct of Business.--The Government shall conduct its official business in English. ``(b) Denial of Services.--No person shall be denied services, assistance, or facilities, directly or indirectly provided by the Government solely because the person communicates in English. ``(c) Entitlement.--Every person in the United States is entitled to-- ``(1) communicate with the Government in English; ``(2) receive information from or contribute information to the Government in English; and ``(3) be informed of or be subject to official orders in English. ``Sec. 164. Standing ``Any person alleging injury arising from a violation of this chapter shall have standing to sue in the courts of the United States under sections 2201 and 2202 of title 28, United States Code, and for such other relief as may be considered appropriate by the courts. ``Sec. 165. Definitions ``For purposes of this chapter: ``(1) Government.--The term `Government' means all branches of the Government of the United States and all employees and officials of the Government of the United States while performing official business. ``(2) Official business.--The term `official business' means those governmental actions, documents, or policies which are enforceable with the full weight and authority of the Government, but does not include-- ``(A) actions or documents that are primarily informational or educational; ``(B) actions, documents, or policies that are not enforceable in the United States; ``(C) actions, documents, or policies necessary for international relations, trade, or commerce; ``(D) actions or documents that protect the public health or safety; ``(E) actions that protect the rights of victims of crimes or criminal defendants; and ``(F) documents that utilize terms of art or phrases from languages other than English.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. (c) Effective Date.--The amendments made by this section shall take effect upon the date of enactment of this Act, except that no suit may be commenced to enforce or determine rights under the amendments until January 1, 1996. SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. (a) Requirement.--Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 60 days after the date of enactment of this Act. SEC. 5. PREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State.

Language of Government Act of 1995 - Amends Federal law to declare English as the official language of the Government. Amends the Immigration and Nationality Act to require all public ceremonies in which the citizenship oath is administered to be conducted solely in English.

Language of Government Act of 1995

SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Iraq Contingency Planning Act''. (b) Purpose.--The purpose of this Act is to require the President to promptly inform Congress regarding what contingency plans are or will be in place to respond to three scenarios regarding future developments in Iraq as identified by the most recent National Intelligence Estimate on Iraq. SEC. 2. FINDINGS. Congress finds as follows: (1) The United States initiated combat operations against the Saddam Hussein regime on March 19, 2003, and concluded those operations in April 2004 with the defeat of the Iraqi military and the collapse of the Hussein regime. (2) The Bush Administration had been warned that while military action against the Hussein regime would likely succeed, rebuilding Iraq and winning the peace would be more difficult. In particular, intelligence reports from the Defense Intelligence Agency, the Pentagon's Joint Staff, the Department of State's Bureau of Intelligence and Research, and the Central Intelligence Agency's National Intelligence Council warned that United States troops could face significant postwar resistance. An Army War College report from February 2003 warned that without an ``overwhelming'' effort to prepare for the United States occupation of Iraq, ``The United States may find itself in a radically different world over the next few years, a world in which the threat of Saddam Hussein seems like a pale shadow of new problems of America's own making.''. (3) Despite these warnings, the Bush Administration invaded Iraq without a comprehensive plan in place to secure and rebuild the country. (4) United States Armed Forces personnel have remained in Iraq since the beginning of combat operations, and in over nearly four years of war, hundreds of thousands of members of the Armed Forces have served with honor and distinction in Iraq, over 3,100 members of the Armed Forces have died, and over 22,500 members of the Armed Forces have been wounded. (5) On January 10, 2007, after years of growing sectarian violence in Iraq, President George W. Bush addressed the American people to announce a plan entitled ``The New Way Forward in Iraq'', consisting of the additional deployments of at least 21,500 United States troops in Iraq. (6) On January 16, 2007, the Secretary of Defense said that ``we expect in certain areas to be able to see whether the Iraqi government is carrying out the commitments that it has made and that are so critical to the success of this strategy . . . within two or three months.''. (7) On February 5, 2007, the President submitted a request for supplemental appropriations for fiscal year 2007, including $5,600,000,000 to increase United States forces in the Iraqi theater of operations to support the Government of Iraq with 21,500 United States ground forces and an expanded Naval presence. At the same time, the President also submitted a proposed budget for fiscal year 2008 which did not request funding for these additional troops in Iraq. (8) On February 1, 2007, the intelligence community presented to the President the first National Intelligence Estimate (NIE) on Iraq in nearly four years. (9) The NIE, the most authoritative written judgment of the Director of National Intelligence with respect to Iraq, states that ``Iraqi society's growing polarization, the persistent weakness of the security forces and the state in general, and all sides' ready recourse to violence are collectively driving an increase in communal and insurgent violence and political extremism. Unless efforts to reverse these conditions show measurable progress during ... the coming 12 to 18 months, we assess that the overall security situation will continue to deteriorate.''. (10) The NIE states that as Iraq's security environment worsens, three prospective security paths could emerge-- (A) chaos leading to partition; (B) emergence of a Shia strongman; or (C) anarchic fragmentation of power. (11) Congress needs to know how the Administration expects to respond to each of those possibilities, and what specific plans are being taken and what specific plans are being developed to be able to respond to such possibilities. SEC. 3. REPORT ON CONTINGENCY PLANS FOR IRAQ. (a) Report Required.--Not later than June 30, 2007, the President shall transmit to the Committees on Armed Services of the House of Representatives and the Senate a report detailing contingency plans for how the Department of Defense and other departments and agencies of the Federal Government will respond to the following three prospective security paths in Iraq, as outlined in the 2007 National Intelligence Estimate (NIE) on Iraq: (1) Chaos leading to partition.--Described by the NIE as follows: ``A rapid deterioration in the capacity of Iraq's central government to function, security services and other aspects of sovereignty would collapse. Resulting widespread fighting could produce de facto partition, dividing Iraq into three mutually antagonistic parts. Collapse of this magnitude would generate fierce violence for at least several years, ranging well beyond the time frame of this estimate, before settling into a partially stable end-state.''. (2) Emergence of a shia strongman.--Described by the NIE as follows: ``Instead of a disintegrating central government producing partition, a security implosion could lead Iraq's potentially most powerful group, the Shia, to assert its latent strength.''. (3) Anarchic fragmentation of power.--Described by the NIE as follows: ``The emergence of a checkered pattern of local control would present the greatest potential for instability, mixing extreme ethno-sectarian violence with debilitating intra-group clashes.''. (b) Additional Information.--The report shall include detailed information regarding the proposed role of the United States Armed Forces under each of the three prospective security paths referred to in subsection (a), including a comprehensive analysis to identify and justify the number of United States troops needed in each case, and the proposed roles of other departments and agencies of the Federal Government.

Iraq Contingency Planning Act - Requires the President by June 30, 2007, to report to the House and Senate Armed Services Committees detailing U.S. and U.S. Armed Forces contingency plans to respond to the following three scenarios regarding future developments in Iraq as identified by the most recent National Intelligence Estimate on Iraq: (1) chaos leading to partition; (2) emergence of a Shia strongman; and (3) anarchic fragmentation of power.

To require the President to transmit to Congress a report on contingency plans regarding possible developments in Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson-Mohawk River Basin Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) The Hudson-Mohawk River Basin together with the Erie Canal connects the Great Lakes to the Atlantic Ocean and includes the 13,400 square mile area encompassing five large sub-basins: the Upper Hudson River sub-basin, the Mohawk River sub-basin, the Lower Hudson River sub-basin, the Passaic River sub-basin, and the Raritan River sub-basin. (2) The Hudson-Mohawk River Basin played an essential role in the birth of our Nation and its westward expansion. The water of the Hudson-Mohawk Basin is the ink used to write the early United States history of European settlement and the American Revolution. The Basin's rivers served as a major transportation corridor connecting the communities along it from the Atlantic Ocean to the Great Lakes. (3) The Hudson-Mohawk River Basin includes the largest metropolitan area of the country: the New York-New Jersey metropolitan area. This metropolitan area, together with the many communities in the Upper Hudson, Mohawk, and Lower Hudson sub-basins, makes the area one of the most densely and heavily populated river basins in the country with over 15,000,000 people. (4) The water resources of the Hudson-Mohawk River Basin are functionally interrelated and their uses are interdependent. A single entity is essential to provide effective communication, coordination, and cooperation among Federal, State, and local governments, non-governmental organizations, and the private sector for this area. (5) The New York-New Jersey Harbor Estuary is a complex natural harbor at the junction of three major water bodies, the New York Bight, the Hudson River and the Long Island Sound. In addition, it receives freshwater inputs from the Raritan and Passaic Rivers. The health and productivity of the New York Bight is affected directly by the quality of the freshwater inputs to the estuary from the Hudson, Passaic, and Raritan Rivers. (6) The headwaters of the Hudson originate within the Adirondack Mountains, a treasured northeastern wilderness area, protected under the New York State constitution since 1894. The Hudson's path south through the Hudson River Highlands, and the Mohawk's path south east to its junction with the Hudson, provides the only natural break in the Appalachian Mountain chain. (7) The Mohawk Valley's abundant natural resources, and fertile floodplain soils provided a rich endowment that first supported the Mohawk nation and the Iroquois Confederacy and later supported European settlement and the development of industry and commerce. (8) The Mohawk River and its watershed drain directly into the Hudson River providing the largest freshwater input to the brackish water mix that characterizes the Hudson River Estuary and supports a biologically rich and productive ecosystem. (9) The Mohawk River is integrated with the Erie Canal along much of its channel. Therefore, tying the operation of the Canal system to the health of the Mohawk and the Hudson Rivers. (10) Individuals in many communities throughout the Basin have experienced devastating flooding that led to tremendous costs for businesses, State, and local governments. A holistic approach to river and stream monitoring, updated floodplain maps, and development of floodplain management strategies based upon improved understanding of the Basin's hydrology would make communities safer and more resistant and resilient to flood events. (11) Each of the subwatersheds of the Hudson-Mohawk River Basin receives support of programs administered by Federal, State, regional, and local organizations. (12) There has been little integration of planning and program implementation to address the Hudson-Mohawk River Basin in a holistic manner. (13) New York, New Jersey, Vermont, Massachusetts, and Connecticut have a long history of achievements working together on resource management issues through their memberships in the Delaware River Basin Commission, the Susquehanna River Basin Commission, the Appalachian Regional Commission, the New England Interstate Water Pollution Control Commission, and the Lake Champlain Basin Program. (14) Development and implementation of projects to control flooding and improve water quality must be done with the full participation of local communities and citizens, address the needs they identify, and be conducted in a manner that respects private property and is consistent with the authorities of state and local jurisdictions. SEC. 3. DEFINITIONS. (a) Hudson-Mohawk River Basin.--The term ``Hudson-Mohawk River Basin'' means the area of drainage of the Hudson, Mohawk, Passaic and Raritan Rivers and their tributaries into the New York-New Jersey Harbor Estuary. This includes areas in New York, New Jersey, Vermont, Massachusetts, and Connecticut. (b) Commission.--The term ``Commission'' means the Hudson-Mohawk River Basin Commission established under section 4. (c) Water Resources.--The term ``water resources'' means all surface waters and ground waters contained or otherwise originating within the Hudson-Mohawk River Basin. SEC. 4. HUDSON-MOHAWK RIVER BASIN COMMISSION. (a) Establishment.--The President shall-- (1) establish the Hudson-Mohawk River Basin Commission in cooperation with the Governors of the States included in the Hudson-Mohawk River Basin to coordinate activities being undertaken by the States, advisory committees, local governments, institutions of higher education, and non- governmental organizations to address environmental, economic, and cultural issues associated with the management and use of resources in the Hudson-Mohawk Watershed; and (2) designate the Secretary of Interior to serve as a member of the Commission and as coordinator of participation of relevant Federal agencies in the activities of the Commission. (b) Membership.--The Commission shall include a Federal representative designated by the President, and the Governors of the 5 States whose territory is encompassed by the Hudson-Mohawk River Basin and its associated ground waters; New York, New Jersey, Connecticut, Massachusetts, and Vermont. Each of the 4 Governors shall appoint an alternate to act on the Governor's behalf including attendance at meetings of the Commission and with the power to vote in the absence of the member. (c) Duties of the Commission.--The Commission shall-- (1) develop and implement plans, policies, and projects relating to the water resources of the Hudson-Mohawk River Basin; (2) adopt and promote uniform and coordinated policies for management and conservation of water resources in the Hudson- Mohawk River Basin; (3) adopt an annual capital budget, including all projects the Commission proposes to undertake or continue during the budget period with a statement of the estimated cost of each project and the method of financing the project; and (4) coordinate and direct the development, implementation, operation, and financing of water resources projects consistent with its plans and policies. SEC. 5. COMPREHENSIVE PLAN. (a) Plan Development.--The Commission shall develop and adopt a comprehensive plan for the development and use of water resources of the Hudson-Mohawk River Basin. In developing the plan the Commission shall-- (1) consult with State and Federal agencies with jurisdiction over water resources, local governments, non- governmental organizations, public utilities, water users, and other interested parties; (2) prior to adoption of the plan or any subsequent revision of the plan, publish a draft plan and provide opportunity for public comment; and (3) periodically review and revise the plan. (b) Plan Contents.--The plan shall address all projects and facilities required for development, conservation, use, management, and control of the water resources of the Hudson-Mohawk River Basin to meet present and future needs. The plan shall-- (1) identify water resource needs in the Hudson-Mohawk River Basin related to water supply, water quality, flooding, ecosystems, fisheries, energy production, navigation, recreation, agriculture, and economic development and establish goals for protection or enhancement of water resources to address the identified needs; (2) inventory the historic and cultural resources of the Hudson-Mohawk River Basin and identify projects to provide for cultural enrichment, preservation of cultural resources, public education about local heritage and historical significance of properties, canals, and other historic sites within the Hudson- Mohawk River Basin; (3) provide a comprehensive assessment of the status of water resources in the Hudson-Mohawk River Basin and identify additional research and information required to support management of water resources in the Hudson-Mohawk River Basin; and (4) provide a mechanism to promote communication and coordination among the organizations engaged in water resource management activities to encourage efficient use of scarce resources, avoid conflicts and inconsistencies, to promote consistent and fair treatment of all water users, and to promote collaborative working relationships among all entities working in the Hudson-Mohawk River Basin. SEC. 6. WATER RESOURCES PROGRAM. The Commission shall adopt a water resources program on an annual basis, based upon the comprehensive plan, that identifies specific projects and facilities to be undertaken by the Commission, other governmental and private entities, educational institutions, non- governmental organizations, and individuals during the immediate 5-year period. The water resources program shall include a systematic presentation for each of the five sub-basins of-- (1) the specific needs to be addressed by the water resources program; (2) the existing and proposed projects, studies, and facilities required to satisfy the identified needs; (3) the subset of projects and studies that will be undertaken by the Commission during such period; and (4) the budget for the identified projects and studies. SEC. 7. SAVINGS PROVISIONS. Nothing in this Act shall be construed to repeal, modify, or limit the authority of-- (1) the Federal Government or the State government members of the Commission to enact legislation or enforce any additional conditions or restrictions within their jurisdictions; and (2) local governments to regulate land use as provided for by law or regulation. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Commission.--There is authorized to be appropriated to the Commission $500,000 for each fiscal year to carry out the duties of the Commission. (b) Comprehensive Plan.--There is authorized to be appropriated to the Secretary of Interior $25,000,000 for each of fiscal years 2014 through 2020 to carry out projects consistent with the comprehensive plan that are identified in the annual Hudson-Mohawk Water Resources Program adopted by the Commission in accordance with section 6.

Hudson-Mohawk River Basin Act of 2012 - Directs the President to: (1) establish the Hudson-Mohawk River Basin Commission, in cooperation with the governors of the states included in the Hudson-Mohawk River Basin (New York, New Jersey, Vermont, Massachusetts, and Connecticut), to coordinate activities being undertaken by the states, advisory committees, local governments, institutions of higher education, and nongovernmental organizations to address environmental, economic, and cultural issues associated with the management and use of resources in the Hudson-Mohawk Watershed; and (2) designate the Secretary of the Interior to serve as a member of the Commission and as coordinator of participation of relevant federal agencies in the Commission's activities. Requires the Commission to: (1) develop and implement plans, policies, and projects relating to the Basin's water resources; (2) adopt and promote uniform and coordinated policies for management and conservation of such resources; (3) coordinate and direct the development, implementation, operation, and financing of water resources projects consistent with its plans and policies; and (4) develop and adopt a comprehensive plan for the development and use of such resources, which shall address all projects and facilities required for development, conservation, use, management, and control of the Basin's water resources to meet present and future needs. Directs the Commission to adopt a water resources program on an annual basis, based upon the comprehensive plan, that identifies specific projects and facilities to be undertaken during the immediate five-year period.

To authorize the Secretary of Interior to carry out projects and conduct research on water resources in the Hudson-Mohawk River Basin, to establish a Hudson-Mohawk River Basin Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tsunami Early Warning and Relief Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) A tremendous undersea earthquake near Sumatra, Indonesia, created a tsunami whose devastation spread throughout South Asia, Southeast Asia, and East Africa, leading to the death of more than 160,000 people on December 26, 2004. As of February 4, 2005, more than 140,000 people are still missing. The tsunami-affected countries include Indonesia, Sri Lanka, India, Thailand, Maldives, Seychelles, Bangladesh, Burma, Malaysia, Somalia, Kenya, and Tanzania. (2) The tsunami resulted in massive destruction affecting millions of people who now require a great amount of short-term survival assistance and long-term rehabilitation and reconstruction assistance. (3) Compared to past disasters, the Indian Ocean earthquake and tsunami led to historic destruction of the social service infrastructure, businesses, and livelihoods. The devastation caused by the tsunami has resulted in many separated families and countless unaccompanied and orphaned children. (4) An effective global tsunami warning system is critical for preventing future humanitarian disasters and for protecting national security, since tsunamis occurring anywhere around the globe could impact the United States at home and United States national interests abroad. (5) The National Oceanic and Atmospheric Administration has already built a system of tsunami buoys in the Pacific Ocean which has been proven to provide critical information and enhance the Nation's response to tsunamis. The National Oceanic and Atmospheric Administration has the technical capability to upgrade and expand this system so that it covers the entire globe and is integrated into larger ocean observing efforts. (6) Consistent funding and international cooperation would be needed to deploy a broader global tsunami warning system. (7) Effective local emergency management capabilities are needed to relay tsunami warning information to coastal communities and their residents. TITLE I--TSUNAMI WARNING SYSTEMS SEC. 101. GLOBAL PROGRAM. (a) Establishment.--The Secretary of Commerce shall establish a Global Tsunami Disaster Reduction Program within the National Oceanic and Atmospheric Administration for the establishment of a tsunami warning system to protect vulnerable areas around the world, including Atlantic Ocean, Carribean Sea, Gulf of Mexico, Indian Ocean, Mediterranean Sea, and European areas. (b) International Cooperation.--The Secretary of State, in consultation with the Director of the National Oceanic and Atmospheric Administration, shall work with foreign countries that would benefit from the warning system described in subsection (a), and through international organizations, for the purposes of-- (1) sharing costs; (2) sharing relevant data; (3) sharing technical advice for the implementation of dissemination and evacuation plans; and (4) ensuring that the Global Earth Observation System of Systems program has access to and shares openly all relevant information worldwide. SEC. 102. EXPANSION OF UNITED STATES TSUNAMI READY PROGRAM. The Director of the National Oceanic and Atmospheric Administration shall work with coastal communities throughout the United States to build upon local coastal and ocean observing capabilities, improve abilities to disseminate tsunami information and prepare evacuation plans according to the requirements of the Tsunami Ready program of the National Oceanic and Atmospheric Administration, and encourage more communities to participate in the program. SEC. 103. SEISMIC ACTIVITY MONITORING. The Director of the National Oceanic and Atmospheric Administration shall coordinate with the United States Geological Survey and the Department of State to work with other countries to enhance the monitoring, through the Global Seismic Network (GSN), of seismic activities that could lead to tsunamis, to support the programs described in sections 101 and 102. SEC. 104. ANNUAL REPORT. The Director of the National Oceanic and Atmospheric Administration shall transmit an annual report to Congress on progress in carrying out this title. SEC. 105. DEFINITION. For purposes of this title, the term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce for carrying out this title-- (1) $38,000,000 for fiscal year 2006; and (2) $32,000,000 for fiscal year 2007 and for each subsequent fiscal year. TITLE II--RELIEF, REHABILITATION, AND RECONSTRUCTION ASSISTANCE RELATING TO INDIAN OCEAN TSUNAMI SEC. 201. ASSISTANCE. (a) Authorization.--The President, acting through the Administrator of the United States Agency for International Development, is authorized to provide assistance for-- (1) the relief and rehabilitation of individuals who are victims of the Indian Ocean tsunami; and (2) the reconstruction of the infrastructures of countries affected by the Indian Ocean tsunami, including Indonesia, Sri Lanka, India, Thailand, Maldives, Seychelles, Bangladesh, Burma, Malaysia, Somalia, Kenya, and Tanzania. (b) Terms and Conditions.--Assistance under this section may be provided on such terms and conditions as the President may determine. SEC. 202. REPORT. The President shall transmit to Congress, on a quarterly basis in 2005, on a biannual basis in 2006, and as determined to be appropriate by the President thereafter, a report on progress in carrying out this title. SEC. 203. DEFINITION. In this title, the term ``Indian Ocean tsunami'' means the tsunami that resulted from the earthquake that occurred off the west coast of northern Sumatra, Indonesia, on December 26, 2004. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the President to carry out this title such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year.

Tsunami Early Warning and Relief Act of 2005 - Directs the Secretary of Commerce to establish a Global Tsunami Disaster Reduction Program within the National Oceanic and Atmospheric Administration (NOAA) to protect vulnerable areas around the world, including Atlantic Ocean, Carribean Sea, Gulf of Mexico, Indian Ocean, Mediterranean Sea, and European areas. Directs the Secretary of State to work with foreign countries that would benefit from tsunami warnings and through international organizations to: (1) share costs, data, and evacuation plan technical advice; and (2) ensure that the Global Earth Observation System of Systems program has access to and shares relevant information worldwide. Directs NOAA to: (1) expand the U.S. Tsunami Ready program; and (2) work with other countries to enhance Global Seismic Network (GSN) monitoring activities. Authorizes the President, through the United States Agency for International Development (USAID), to provide assistance for: (1) individual victims of the Indian Ocean tsunami; and (2) infrastructure reconstruction of countries affected by the Indian Ocean tsunami, including Indonesia, Sri Lanka, India, Thailand, Maldives, Seychelles, Bangladesh, Burma, Malaysia, Somalia, Kenya, and Tanzania.

A bill to provide for the establishment of national and global tsunami warning systems and to provide assistance for the relief and rehabilitation of victims of the Indian Ocean tsunami and for the reconstruction of tsunami-affected countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Termination of Energy and Natural Resource Tax Subsidies Act of 1995''. SEC. 2. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS AND OF MINING EXPLORATION AND DEVELOPMENT COSTS. (a) Intangible Drilling and Development Costs.--Section 263(c) of the Internal Revenue Code of 1986 is hereby repealed. (b) Development Expenditures.--Section 616 of the Internal Revenue Code of 1986 (relating to development expenditures) is hereby repealed. (c) Exploration Expenditures.--Subsection (i) of section 617 of such Code is amended to read as follows: ``(i) Termination.--No deduction shall be allowed under this section for any expenditure paid or incurred in a taxable year beginning after the date of the enactment of this subsection.'' (d) Conforming Amendments.-- (1) Paragraph (2) of section 56(a) of such Code is hereby repealed. (2) Subsection (a) of section 57 of such Code is amended by striking paragraph (2). (3) Paragraph (2) of section 59(e) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting a period, and by striking subparagraphs (C), (D), and (E). (4) Subparagraph (A) of section 59(e)(5) of such Code is amended by inserting before the period ``, as in effect before the Termination of Energy and Natural Resource Tax Subsidies Act of 1995''. (5) Subsection (c) of section 193 of such Code is amended to read as follows: ``(c) Application With Other Deductions.--No deduction shall be allowed under subsection (a) with respect to any expenditure with respect to which a deduction is allowed or allowable to the taxpayer under any other provision of this chapter.'' (6) Paragraph (1) of section 263(a) of such Code is amended by striking subparagraph (A) and by redesignating the succeeding subparagraphs accordingly. (7) Section 263 of such Code is amended by striking subsection (i). (8) Subsection (c) of section 263A of such Code is amended by striking paragraph (3) and by redesignating the succeeding paragraphs accordingly. (9) Paragraph (5) of section 263A(c) of such Code, as redesignated by paragraph (8), is amended by striking ``subparagraphs (B), (C), (D), and (E)'' and inserting ``subparagraph (B)''. (10) Section 291 of such Code is amended by striking subsection (b). (11) Subsection (n) of section 312 of such Code is amended by striking paragraph (2). (12) Clause (i) of section 1254(a)(1)(A) of such Code is amended-- (A) by inserting ``(as in effect before the Termination of Energy and Natural Resource Tax Subsidies Act of 1995)'' after ``617'', and (B) by adding at the end the following: ``For purposes of clause (i), any deduction under section 291(b)(2) (as in effect before the Termination of Energy and Natural Resource Tax Subsidies Act of 1995) shall be treated as a deduction allowable under section 263, 616, or 617 (whichever is appropriate).'' (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 3. REPEAL OF PERCENTAGE DEPLETION. (a) In General.--Section 613 of the Internal Revenue Code of 1986 (relating to limitations on percentage depletion in case of oil and gas wells) is amended by adding at the end the following new subsection: ``(f) Termination.--The allowance under section 611 shall be determined without regard to this section for taxable years beginning after the date of the enactment of this subsection.'' (b) Termination of Section 613A.--Section 613A of such Code is amended by adding at the end the following new subsection: ``(f) Termination.--The allowance under section 611 shall be determined without regard to this section for taxable years beginning after the date of the enactment of this subsection.'' SEC. 4. REPEAL OF EXCEPTION FROM PASSIVE LOSS RULES FOR WORKING INTERESTS IN OIL AND GAS PROPERTY. (a) In General.--Section 469(c)(3) of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendment.--Paragraph (4) of section 469(c) of such Code is amended by striking ``paragraphs (2) and (3)'' each place it appears and inserting ``paragraph (2)''. (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. 5. TERMINATION OF CREDIT FOR PRODUCING FUEL FROM NONCONVENTIONAL SOURCE. Section 29 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--Notwithstanding any other provision of this section, no credit shall be allowed under this section with respect to any qualified fuels produced by a facility placed in service after the date of the enactment of this subsection.'' SEC. 6. REPEAL OF TAX BENEFITS FOR ALCOHOL FUELS. (a) Repeal of Alcohol Fuels Credit.-- (1) In general.--Section 40 of the Internal Revenue Code of 1986 (relating to alcohol used as fuel) is hereby repealed. (2) Conforming amendments.-- (A) Subsection (b) of section 38 of such Code is amended by striking paragraph (3) and by redesignating the following paragraphs accordingly. (B) Section 87 of such Code is hereby repealed. (C) Subsection (c) of section 196 of such Code is amended by striking paragraph (3) and by redesignating the following paragraphs accordingly. (D) Subsection (n) of section 6501 of such Code is amended by striking ``40(f)''. (E) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 40. (F) The table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 87. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (b) Repeal of Reduced Fuel Tax Rates.-- (1) Gasoline and diesel fuel.--Section 4081 of such Code is amended by striking subsection (c) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (2) Aviation fuel.--Section 4091 of such Code is amended by striking subsection (c). (3) Special motor fuels.-- (A) Section 4041 of such Code is amended by striking subsections (k) and (m). (B) Subsection (b) of section 4041 of such Code is amended by striking paragraph (2). (4) Conforming amendments.-- (A) Section 6427 of such Code is amended by striking subsection (f). (B) Subsection (i) of section 6427 of such Code is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (C) Paragraph (4) of section 6427(i) of such Code, as redesignated by subparagraph (B), is amended by striking the last sentence of subparagraph (A) and inserting the following new flush sentence: ``Notwithstanding subsection (l)(1), if the Secretary has not paid pursuant to a claim filed under the preceding sentence within 20 days of the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621.'' (D) Section 9502 of such Code is amended by striking subsection (e). (E) Subsection (f) of section 9502 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (F) Subsection (b) of section 9503 of such Code is amended by striking paragraph (5). (G) Subsection (f) of section 9503 of such Code is amended by striking paragraph (3) and by redesignating paragraph (4) as paragraph (3). (5) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act.

Termination of Energy and Natural Resource Tax Subsidies Act of 1995 - Amends the Internal Revenue Code to repeal the expensing of intangible drilling and development costs and of mining exploration and development costs. Repeals limitations on percentage depletion in the case of oil and gas wells. Repeals the exception from passive loss rules for working interest in oil and gas property. Terminates the credit for any qualified fuels produced from a nonconventional source. Repeals the alcohol fuels credit. Repeals the reduced fuel tax rates for certain fuels.

Termination of Energy and Natural Resource Tax Subsidies Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Choice for Electricity Act of 1999''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``aggregation'' means the purchase or acquisition of retail electricity on behalf of two or more consumers. (2) The term ``electric utility franchise'' means rights granted to a utility company by a local government which provide conditions under which the utility conducts its operations and services within the boundaries of the local government. (3) The term ``municipal electric utility'' means a city, county, irrigation district, drainage district, public utility district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of a retail electricity distributor and/or a retail electricity supplier. (4) The term ``opt-out aggregation plan'' means aggregation in which all customers within the jurisdiction of a local government unit are automatically included unless they affirmatively choose a supplier other than the supplier designated by the local government unit. (5) The term ``retail electric consumer'' means any person who purchases or offers to purchase any retail electric supply. (6) The term ``rural electric cooperative'' means an enterprise or organization owned by and operated for the benefit of those receiving retail electricity (usually distribution and supply) and other services from the cooperative. (7) The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Indian tribes as defined in section 102(2) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2)). (8) The term ``State regulatory authority'' means any State agency which has ratemaking authority with respect to the provision of local electric energy distribution services by any local distribution company. (9) The term ``supplier'' means any person who produces, generates, manufactures, aggregates, markets, brokers, sells, or otherwise supplies electric energy. SEC. 3. FINDINGS. Congress finds the following: (1) Many States are deregulating retail sales of electricity. (2) Deregulation of retail sales of electricity must benefit all customers, including residential and small business customers. (3) In States that have deregulated retail sales of electricity, large industrial and commercial customers are winning the best deals, and few choices are yet available to residential and small business consumers. (4) It is likely that most residential customers will not actively choose a new electricity supplier and instead will remain customers of their current electricity supplier for years to come; (5) All customers, especially residential and small business customers, will often find it difficult and frustrating to find the time and sufficient information to fully evaluate competing offers from electricity suppliers. (6) Aggregation into larger buying groups will enable consumers to achieve greater leverage and thus better prices and services in electricity markets. (7) Community choice is a particular type of aggregation in which a local government negotiates a contract for electric energy on behalf of all citizens within its boundaries. Residents or businesses in the community who prefer to choose their own electricity suppliers would be free to ``opt out''. (8) All consumers taking part in community choice aggregation can benefit, including large customers, who can still receive price differentiation based on their larger usage. (9) Local governments are experienced in working with technical consultants to negotiate contracts and deliver services to their citizens. (10) Local governments are accountable to their constituents through elections, open meetings laws, fair bidding laws, and conflict of interest laws. (11) Because local governments exercising community choice must include all electricity customers within the jurisdiction who want to participate, all citizens and businesses who so choose can benefit, while other types of retail electricity suppliers will seek to serve the more profitable customers or specific types of customers. (12) Local governments can provide an electric load that has diversity and may be attractive to electricity suppliers. (13) In States that have deregulated retail sales of electricity, citizens should be able to use traditional public processes to determine whether their local governments should act as nonprofit aggregators for their communities. (14) In States in which they hold franchise powers for electricity, local governments should be able to use their franchise to exercise community choice. SEC. 4. AGGREGATION. Notwithstanding any other provision of Federal or State law, and subject to legitimate and nondiscriminatory State requirements imposed on retail electric suppliers, a group of customers or any entity, including a unit of State or local government, acting on behalf of such group may acquire retail electric energy on an aggregate basis if the group of customers is served by one or more local distribution companies that are subject to retail competition. SEC. 5. COMMUNITY CHOICE AGGREGATION. Title VI of the Public Utility Regulatory Policies Act of 1978 is amended by adding the following new section at the end thereof: ``SEC. 609. COMMUNITY CHOICE AGGREGATION. ``(a) Community Choice Aggregation of Electric Load.--Any State that permits any group of retail electric consumers to choose among competing suppliers of electric energy shall permit any general purpose local government unit for any political subdivision of the State, or group of such general purpose units of local government acting together, to offer to act as an agent for all purchasers that are within such group of retail electric consumers and that are located within the boundaries of such political subdivision for the purpose of purchasing electric energy on an aggregate basis if such local government, or group of local governments, comply with the requirements of subsection (b). ``(b) Requirements.-- ``(1) Approval by vote.--A local government shall be covered by the provisions of subsection (a) only if such government has approved the aggregation of electric energy purchases by a vote of its elected governing body or by a vote of its citizens. Two or more local governments shall be covered by the provisions of subsection (a) only if such governments have approved the aggregation of electric energy purchases by a vote of the elected governing body or by a vote of the citizens of each local government. ``(2) Participation not mandatory.--A local government shall be covered by the provisions of subsection (a) only if all retail electric consumers permitted to choose among competing suppliers of electric energy that are located within the boundaries of such political subdivision are offered the opportunity to participate in the aggregation of purchases and any such consumer choosing not to participate is permitted to opt out and purchase electric energy from another agent acting as an aggregator or directly from any supplier or other person. ``(3) State regulatory authorities.--Each State regulatory authority for a State that permits any group of retail electric consumers to choose among competing suppliers of electric energy shall cooperate with local governments for the purpose of compliance with this subsection. Each such State regulatory authority shall establish guidelines for local governments acting as community choice electricity aggregators. No State regulatory authority may interfere with a local government's existing powers to procure competitive energy services under existing Federal and State law, city charter provisions, or local procurement practices. ``(4) Funds for renewable energy or energy efficiency.-- Each State that permits any group of retail electric consumers to choose among competing suppliers and that also authorizes or mandates the collection of funds for renewable energy or energy efficiency programs shall permit local governments that serve as community choice aggregators of electric energy purchases to collect and expend such funds in the case of consumers within the aggregated jurisdiction if the local government has prepared and approved a plan for such collection and expenditure at the local level and State regulators have reviewed and approved said plan as consistent with State energy goals and as providing an appropriate contribution to any statewide or regional renewable energy or energy efficiency fund that benefits the aggregated jurisdiction. ``(c) Federal Power Act Jurisdiction.--No local government that aggregates electric load as described in subsection (a) shall be considered a utility engaging in the wholesale purchase and resale of electricity for purposes of the Federal Power Act. Providing electricity to aggregated customers within the boundaries of a local government as described in subsection (a) shall not be considered a wholesale transaction subject to the jurisdiction of the Federal Energy Regulatory Commission under the Federal Power Act. ``(d) Enforcement.--The Federal Energy Regulatory Commission may bring an action in the appropriate United States District Court against any State to require compliance with the provisions of subsection (a). ``(e) Savings Provision.--Nothing in this section shall be construed to prohibit the aggregation of electric load by local government units in a different manner under other authority of law.''. SEC. 6. FRANCHISES. Any State that has deregulated retail sales of electricity shall permit local governments to exercise local franchise powers. A local government that has granted a franchise to a utility at a prior time may offer such franchise for competitive bidding and contract award, provided such measures are authorized by consumers in a public process. SEC. 7. EXCLUSIONS. (a) Utilities Not Participating.--For municipal electric utilities and rural electric cooperatives that are not participating in retail electric competition, sections 4, 5, and 6 of this Act shall not apply. (b) Aggregation.--For States that have adopted retail competition by law or regulation prior to the date of enactment of this Act, sections 4, 5, and 6 of this Act shall not apply to the provisions of a State law or regulation, and any subsequent regulation implementing such State law or regulation as such law or regulation may pertain to an opt-out aggregation plan as it may be undertaken by any general purpose local government unit for any political subdivision of the State including a municipal corporation, county government or township. SEC. 8. SEPARABILITY. If any provision of this Act (or the application of that provision to particular persons or circumstances) is held invalid, the remainder of this Act (or the application of that provision to other persons or circumstances) shall not be affected.

Amends the Public Utility Regulatory Policies Act of 1978 to declare that any State that permits a retail electric consumers group to choose among competing electric energy suppliers shall also permit any general purpose local government unit (or group of such units acting together) to offer to act as purchasing agent for consumers' group purchasers in order to purchase electric energy on an aggregate basis (community choice aggregation). Prescribes implementation guidelines. Requires any State that has deregulated retail sales of electricity to permit local governments to exercise local franchise powers. Excludes from the purview of this Act: (1) non-participating municipal electric utilities and non-participating rural electric cooperatives; and (2) States that have adopted retail competition prior to the date of enactment of this Act. Allows subsequent regulations implementing any State law adopting retail competition to pertain to an opt-out aggregation plan as it may be undertaken by a general purpose local government unit.

Community Choice for Electricity Act of 1999

SECTION 1. INCENTIVES FOR BIODIESEL. (a) Credit for Biodiesel Used as a Fuel.-- (1) 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 40 the following new section: ``SEC. 40A. BIODIESEL USED AS FUEL. ``(a) General Rule.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is an amount equal to the biodiesel mixture credit. ``(b) Definition of Biodiesel Mixture Credit.--For purposes of this section-- ``(1) Biodiesel mixture credit.-- ``(A) In general.--The biodiesel mixture credit of any taxpayer for any taxable year is an amount equal to the biodiesel mixture rate for each gallon of biodiesel used by the taxpayer in the production of a qualified biodiesel mixture. ``(B) Biodiesel mixture rate.--For purposes of subparagraph (A), the biodiesel mixture rate is 1 cent for each whole percentage point (not exceeding 20 percentage points) of biodiesel in the mixture. ``(2) Qualified biodiesel mixture.-- ``(A) In general.--The term `qualified biodiesel mixture' means a mixture of diesel and biodiesel which-- ``(i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or ``(ii) is used as a fuel by the taxpayer producing such mixture. ``(B) Sale or use must be in trade or business, etc.-- ``(i) In general.--Biodiesel used in the production of a qualified biodiesel mixture shall be taken into account-- ``(I) only if the sale or use described in subparagraph (A) is in a trade or business of the taxpayer, and ``(II) for the taxable year in which such sale or use occurs. ``(ii) Certification for biodiesel.-- Biodiesel used in the production of a qualified biodiesel mixture shall be taken into account only if the taxpayer described in subparagraph (A) obtains a certification from the producer of the biodiesel which identifies the product produced. ``(C) Casual off-farm production not eligible.--No credit shall be allowed under this section with respect to any casual off-farm production of a qualified biodiesel mixture. ``(c) Coordination With Exemption From Excise Tax.--The amount of the credit determined under this section with respect to any biodiesel shall, under regulations prescribed by the Secretary, be properly reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 4041(n) or section 4081(f). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Biodiesel defined.--The term `biodiesel' means the monoalkyl esters of long chain fatty acids derived solely from virgin vegetable oils for use in compressional-ignition (diesel) engines. Such term shall include esters derived from vegetable oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, rice bran, and mustard seeds. ``(2) Registration requirements.--The term `biodiesel' shall only include a biodiesel which meets-- ``(A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545), and ``(B) the requirements of the American Society of Testing and Materials D6751. ``(3) Biodiesel mixture not used as a fuel, etc.-- ``(A) Imposition of tax.--If-- ``(i) any credit was determined under this section with respect to biodiesel used in the production of any qualified biodiesel mixture, and ``(ii) any person-- ``(I) separates such biodiesel from the mixture, or ``(II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the biodiesel mixture rate applicable under subsection (b)(1)(B) and the number of gallons of the mixture. ``(B) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) as if such tax were imposed by section 4081 and not by this chapter. ``(4) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(e) Election To Have Biodiesel Fuels Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions).'' (2) Credit treated as part of general business credit.-- Section 38(b) of such Code is amended by redesignating paragraphs (4) through (15) as paragraphs (5) through (16), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) the biodiesel fuels credit determined under section 40A(a),''. (3) Conforming amendments.-- (A) Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(11) No carryback of biodiesel fuels credit before january 1, 2004.--No portion of the unused business credit for any taxable year which is attributable to the biodiesel fuels credit determined under section 40A may be carried back to a taxable year beginning before January 1, 2004.''. (B) Section 196(c) of such Code is amended by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) the biodiesel fuels credit determined under section 40A(a),''. (C) Section 6501(m) of such Code is amended by inserting ``40A(e),'' after ``40(f),''. (D) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 40 the following new item: ``Sec. 40A. Biodiesel used as fuel.''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2003. (b) Reduction of Motor Fuel Excise Taxes on Biodiesel Mixtures.-- (1) In general.--Section 4081 of such Code (relating to manufacturers tax on petroleum products) is amended by adding at the end the following new subsection: ``(f) Biodiesel Mixtures.--Under regulations prescribed by the Secretary-- ``(1) In general.--In the case of the removal or entry of a qualified biodiesel mixture, the rate of tax under subsection (a) shall be the otherwise applicable rate reduced by the biodiesel mixture rate (if any) applicable to the mixture. ``(2) Tax prior to mixing.--In the case of the removal or entry of diesel fuel for use in producing at the time of such removal or entry a qualified biodiesel mixture, the rate of tax under subsection (a) shall be the rate determined under paragraph (1), divided by a percentage equal to 100 percent minus the percentage of biodiesel which will be in the mixture. ``(3) Definitions.--For purposes of this subsection, any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. ``(4) Certain rules to apply.--Rules similar to the rules of paragraphs (6) and (7) of subsection (c) shall apply for purposes of this subsection.''. (2) Conforming amendments.-- (A) Section 4041 of such Code is amended by adding at the end the following new subsection: ``(n) Biodiesel Mixtures.--Under regulations prescribed by the Secretary, in the case of the sale or use of a qualified biodiesel mixture (as defined in section 40A(b)(2)), the rates under paragraphs (1) and (2) of subsection (a) shall be the otherwise applicable rates, reduced by any applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B)).''. (B) Section 6427 of such Code is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if any diesel fuel on which tax was imposed by section 4081 at a rate not determined under section 4081(f) is used by any person in producing a qualified biodiesel mixture (as defined in section 40A(b)(2)) which is sold or used in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the per gallon applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B)) with respect to such fuel.''. (3) Effective date.--The amendments made by this subsection shall apply to any fuel sold after December 31, 2003. (c) Highway Trust Fund Held Harmless.--There are hereby transferred (from time to time) from the funds of the Commodity Credit Corporation amounts determined by the Secretary of the Treasury to be equivalent to the reductions that would occur (but for this subsection) in the receipts of the Highway Trust Fund by reason of the amendments made by this section.

Amends the Internal Revenue Code to establish a credit to promote the production and usage of biodiesel fuel. Requires a taxpayer to obtain a certification from the producer of the biodiesel which identifies the product produced in order to utilize the credit. Imposes a tax for biodiesel not used as fuel, but for which a credit was granted. Reduces motor fuel excise taxes on biodiesel mixtures.Provides for transfers of funds from the Commodity Credit Corporation to the Highway Trust Fund in amounts equivalent to the reductions that would occur but for this Act.

To amend the Internal Revenue Code of 1986 to provide tax incentives for the use of biodiesel as a fuel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Infrastructure Improvements on Federal Lands Act of 2010''. SEC. 2. FEDERAL LANDS HIGHWAYS. (a) Preventive Maintenance.--Section 116(d) of title 23, United States Code, is amended-- (1) by inserting after ``the State'' the following: ``or the appropriate Federal land management agency''; and (2) by inserting after ``a Federal-aid highway'' the following: ``or a Federal lands highway''. (b) Use of Funds.--Section 204(b)(1) of title 23, United States Code, is amended-- (1) in subparagraph (A)-- (A) by inserting after ``parkways,'' the following: ``trails that are principally for transportation purposes,''; and (B) by striking ``and'' at the end; (2) in subparagraph (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) maintenance of highways, roads, parkways, and trails that are principally for transportation purposes located on public lands, national parks, and Indian reservations (in accordance with the safety, bridge, and pavement management systems established under subsection (a)(6)), if the Secretary of the appropriate Federal land management agency demonstrates to the satisfaction of the Secretary that such maintenance will improve the asset management of such facilities.''. (c) Funding.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for park roads and parkways under section 204 of title 23, United States Code-- (1) $500,000,000 for fiscal year 2011; (2) $550,000,000 for fiscal year 2012; (3) $605,000,000 for fiscal year 2013; (4) $665,000,000 for fiscal year 2014; (5) $730,000,000 for fiscal year 2015; and (6) $800,000,000 for fiscal year 2016. SEC. 3. HIGH PRIORITY PROJECTS PROGRAM. (a) In General.--Section 117(d) of title 23, United States Code, is amended by inserting after ``thereof;'' the following: ``except that the Federal share of the cost of any portion of a project that is located on public lands or an Indian reservation, or in a national park or wildlife refuge, shall be 100 percent and''. (b) Effective Date.--The amendment made by subsection (a) shall apply to projects authorized after the date of enactment of this Act. SEC. 4. ALTERNATIVE TRANSPORTATION IN PARKS AND PUBLIC LANDS. (a) Qualified Project.--Section 5320(c)(5) of title 49, United States Code, is amended-- (1) in the matter preceding subparagraph (A) by inserting after ``or capital project'' the following: ``, or a project described in subparagraph (H),''; (2) in subparagraph (E) by striking the ``or'' at the end; (3) in subparagraph (F) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(G) is part of a comprehensive alternative transportation program designed to meet the transit needs of an eligible area and with respect to which implementation is expected to last more than one year; or ``(H) involves financing the costs associated with operating fixed guideway projects and systems, buses and related equipment, and bus-related facilities for which assistance has been provided under section 5309(b).''. (b) Authorizations.-- (1) In general.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5320-- (A) $100,000,000 for fiscal year 2011; (B) $110,000,000 for fiscal year 2012; (C) $121,000,000 for fiscal year 2013; (D) $133,000,000 for fiscal year 2014; (E) $146,000,000 for fiscal year 2015; and (F) $161,000,000 for fiscal year 2016. (2) Projects in national parks.--Of amounts made available to carry out section 5320 for each fiscal year specified under paragraph (1), not less than 60 percent of such amounts shall be for qualified projects in national parks. (3) Grants as contractual obligations.--Amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section shall be treated as having been made available pursuant to section 5338 of title 49, United States Code, for purposes of subsection (f) of that section.

Transportation Infrastructure Improvements on Federal Lands Act of 2010 - Makes eligible for federal-aid highway assistance preventive maintenance activities on federal lands highways the appropriate federal land management agency demonstrates to the satisfaction of the Secretary of Transportation (DOT) are a cost-effective means of extending the useful life of such a highway. Authorizes the use of Federal Lands Highway Program funds for: (1) trails used primarily for transportation; and (2) maintenance of highways, roads, parkways, and trails used primarily for transportation located on public lands, national parks, and Indian reservations, provided such maintenance will improve the asset management of such facilities. Sets the federal share of the cost of a high priority project located on public lands or an Indian reservation, or in a national park or wildlife refuge, at 100%. Makes eligible for federal-aid highway assistance any projects in the vicinity of a federally owned or managed park, refuge, or recreational area open to the general public (Paul S. Sarbanes Transit in Parks Program) that: (1) are part of an alternative transportation program in which implementation is expected to last more than one year; or (2) involve capital investment grants financing operating costs of fixed guideway projects and systems, buses and related equipment, and bus-related facilities for which capital investment grant assistance has been provided. Earmarks 60% of funds made available to the Paul S. Sarbanes Transit in Parks Program each fiscal year for qualified alternative transportation projects in national parks.

To amend titles 23 and 49, United States Code, to improve the effectiveness of transportation programs on Federal lands and to provide funding for park roads and parkways and the Paul S. Sarbanes Transit in Parks Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American History Achievement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the 2001 National Assessment of Educational Progress assessment in United States history had the largest percentage of students scoring below basic of any subject that was tested, including mathematics, science, and reading; and (2) in the 2001 National Assessment of Educational Progress assessment in United States history-- (A) 33 percent of students in grade 4 scored below basic, 36 percent of students in grade 8 scored below basic, and 57 percent of students in grade 12 scored below basic; (B) 92 percent of students in grade 12 could not explain the most important cause of the Great Depression after reading a paragraph delineating 4 significant reasons; (C) 91 percent of students in grade 8 could not ``list two issues that were important in causing the Civil War'' and ``list the Northern and Southern positions on each of these issues''; (D) 95 percent of students in grade 4 could not list ``two reasons why the people we call `pioneers' moved west across the United States''; (E) 73 percent of students in grade 4 could not identify the Constitution from among 4 choices as ``the document that contains the basic rules used to run the United States government''; (F) 75 percent of students in grade 4 could not identify ``the three parts of the federal (national) government of the United States'' out of 4 possible choices; (G) 94 percent of students in grade 8 could not ``give two reasons why it can be useful for a country to have a constitution''; and (H) 91 percent of students in grade 12 were unable to ``explain two ways that democratic society benefits from citizens actively participating in the political process''. SEC. 3. AMENDMENT TO THE NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS AUTHORIZATION ACT. Section 303(b) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)) is amended-- (1) in paragraph (2)(D), by inserting ``(with a priority in conducting assessments in history not less frequently than once every 4 years)'' after ``subject matter''; and (2) in paragraph (3)(A)-- (A) in clause (iii)-- (i) by inserting ``except as provided in clause (v),'' before ``may conduct''; and (ii) by striking ``and'' after the semicolon; (B) in clause (iv), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(v) shall conduct trial State academic assessments of student achievement in United States history in grades 8 and 12 in not less than 10 States representing geographically diverse regions of the United States.''. SEC. 4. NATIONAL ASSESSMENT GOVERNING BOARD. Section 302(e)(1) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9621(e)(1)) is amended-- (1) in subparagraph (I), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (J) as subparagraph (K); (3) in the flush matter at the end, by striking ``subparagraph (J)'' and inserting ``subparagraph (K)''; and (4) by inserting after subparagraph (I) the following: ``(J) in consultation with the Commissioner for Education Statistics, identify and select the States that will participate in the trial State academic assessments described in section 303(b)(3)(A)(v); and''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)) is amended by adding at the end the following: ``(D) Authorization of appropriations.--There are authorized to be appropriated to carry out subparagraph (A)(v) $5,000,000 for each of fiscal years 2005 and 2006 and such sums as may be necessary for each succeeding fiscal year.''. SEC. 6. CONFORMING AMENDMENT. Section 113(a)(1) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9513(a)(1)) is amended by striking ``section 302(e)(1)(J)'' and inserting ``section 302(e)(1)(K)''.

American History Achievement Act - Amends the National Assessment of Educational Progress Authorization Act (NAEPAA) to direct the Commissioner for Education Statistics to: (1) give a priority to conducting national assessments of student achievement in history at least once every four years in grades 4, 8, and 12; and (2) conduct trial State academic assessments of student achievement in U.S. history in grades 8 and 12 in not less than ten States representing geographically diverse regions of the United States. Directs the National Assessment of Educational Progress governing board to select the States to participate in, and authorizes appropriations for, such trial State assessments in U.S. history.

A bill to amend the National Assessment of Educational Progress Authorization Act to require State academic assessments of student achievement in United States history, and for other purposes.

SECTION 1. EARLY DEFERRED ANNUITIES OF CERTAIN FORMER EMPLOYEES OF THE DEPARTMENT OF DEFENSE. (a) Definitions.--For purposes of this section-- (1) the term ``Civil Service Retirement System'' means the retirement system under subchapter III of chapter 83 of title 5, United States Code; (2) the term ``defense contractor'' means any entity that-- (A) contracts with the Department of Defense to perform a function previously performed by Department of Defense employees; and (B) performs that function at the installation at which such function was previously performed by Department of Defense employees or in the vicinity of such installation; (3) the term ``early deferred retirement age'', as used with respect to a transferred employee, means the earliest age at which such transferred employee would have been eligible for immediate retirement under subsection (a) or (b) of section 8336 of title 5, United States Code, if such transferred employee had remained continuously employed, until attaining such age, in the position held by such employee when separated from Federal service as described in paragraph (6)(A); (4) the term ``severance pay'' means severance pay under section 5595 of title 5, United States Code; (5) the term ``separation pay'' means separation pay under section 5597 of title 5, United States Code; and (6) the term ``transferred employee'' means a former employee of the Department of Defense (other than a former temporary employee) who-- (A) while employed by the Department of Defense at a military installation to be closed or realigned pursuant to recommendations of the Defense Base Closure and Realignment Commission that were approved by the President in 1995 under section 2903(e) of the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 note) and while covered under the Civil Service Retirement System, was separated from Federal service in a reduction-in-force resulting from conversion from performance of a function by Department of Defense employees at such military installation to performance of such function by a defense contractor at such installation or in the vicinity of such installation; (B) has completed 5 years of civilian service creditable under section 8332 of title 5, United States Code, by the date of separation from Federal service as described in subparagraph (A); (C) is employed by the defense contractor within 60 days following such separation to perform substantially the same function performed before the separation; (D)(i) remains employed by the defense contractor or a successor defense contractor, or a subcontractor of either, until attaining early deferred retirement age; or (ii) is involuntarily separated from employment referred to in clause (i) before attaining early deferred retirement age for reasons other than misconduct; and (E) at the time separated from Federal service as described in subparagraph (A), was not eligible for an immediate annuity under the Civil Service Retirement System. (b) Retirement Benefits of Transferred Employees.--For purposes of determining eligibility for a deferred annuity under section 8338(a) of title 5, United States Code, a transferred employee shall be deemed to have satisfied the age requirement under such section 8338(a) upon attaining early deferred retirement age. (c) Computation of Average Pay.--(1)(A) This paragraph applies to the computation of the annuity of a transferred employee who retires under this section who immediately before separation from Federal service as described in subsection (a)(6)(A) was employed in a position classified under the General Schedule. (B) In the computation of an annuity referred to in subparagraph (A) for a transferred employee, the average pay of the transferred employee under section 8331(4) of title 5, United States Code, shall be adjusted at the same time and by the same percentage that rates of basic pay are increased under section 5303 of title 5, United States Code, during the period beginning on the date on which the transferred employee separates from Federal service as described in subsection (a)(6)(A) and ending on the date on which the transferred employee attains early deferred retirement age. (2)(A) This paragraph applies to the computation of the annuity of a transferred employee who retires under this section who immediately before separation from Federal service as described in subsection (a)(6)(A) was a prevailing rate employee as defined under section 5342(a)(2) of title 5, United States Code. (B) In the computation of an annuity referred to in subparagraph (A) for a transferred employee, average pay under section 8331(4) of title 5, United States Code, shall be adjusted at the same time and by the same percentage that rates of basic pay for positions that are in the same area as, and are comparable to, the last position the transferred employee held as a prevailing rate employee, are increased under section 5343(a) of such title during the period beginning on the date on which the transferred employee separates from Federal service as described in subsection (a)(6)(A) and ending on the date on which the transferred employee attains early deferred retirement age. (d) Service for a Defense Contractor Not Creditable Service.-- Service performed by a transferred employee for a defense contractor (or a successor or subcontractor referred to in subsection (a)(6)(D)) after separation from Federal service as described in subsection (a)(6)(A) shall not be treated as creditable service for purposes of computing the amount of an early deferred annuity under this section. (e) Separation and Severance Pay.--A transferred employee who receives separation pay or severance pay upon separation from Federal service as described in subsection (a)(6)(A) is not eligible to receive an early deferred annuity under this section unless the employee repays the full amount of such pay (with interest as determined by the Office of Personnel Management) to the Department of Defense before attaining early deferred retirement age. (f) Receipt of Benefits While Employed by a Defense Contractor.--A transferred employee may commence receipt of an early deferred annuity in accordance with this section while continuing to work for a defense contractor. (g) Lump-Sum Credit Payment.--If a transferred employee dies before attaining early deferred retirement age, such employee shall, for purposes of section 8342 of title 5, United States Code, be treated as a former employee not retired who dies, as described in subsection (d) of such section. For purposes of the preceding sentence, the term ``transferred employee'' shall have the meaning such term would have under subsection (a)(6) if subparagraph (D) thereof were disregarded. (h) Implementing Regulations.--The Office of Personnel Management shall promulgate regulations to carry out the provisions of this section. (i) Effective Date.--This section shall take effect on August 1, 1996, and shall apply to any transferred employee whose date of separation from Federal service, as described in subsection (a)(6)(A), occurs on or after that date.

Provides early deferred annuities for certain former Department of Defense (DOD) employees separated from Federal service due to a reduction-in-force resulting from the conversion of the performance of a DOD function to that of a private contractor.

To provide for early deferred annuities under chapter 83 of title 5, United States Code, for certain former Department of Defense employees who are seperated from service by reason of certain defense base closures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Megan's Law Implementation Act''. SEC. 2. GRANTS TO STATES TO OFFSET COSTS ASSOCIATED WITH THE JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDER REGISTRATION ACT. (a) In General.--Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended by-- (1) redesignating the second subsection (g) as subsection (h); and (2) adding at the end the following new subsection: ``(i) Grants to States To Comply With the Wetterling Act.-- ``(1) Program authorized.-- ``(i) In general.--The Director of the Bureau of Justice Assistance shall award a grant to each eligible State to offset costs directly associated with complying with the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act. Such grant program shall be known as the ``Sex Offender Management Assistance Program (SOMA)''. ``(ii) Uses of funds.--Grants awarded under this subsection shall be-- ``(I) distributed directly to the State for distribution to State and local entities; and ``(II) used for training, salaries, equipment, materials, and other costs directly associated with complying with the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act. ``(2) Eligibility.-- ``(i) Application.--To be eligible to receive a grant under this subsection, the chief executive of a State shall, on an annual basis, submit an application to the Director of the Bureau of Justice Assistance (in such form and containing such information as the Director may reasonably require) assuring that-- ``(I) the State complies with (or made a good faith effort to comply with) the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act; and ``(II) where applicable, the State has penalties comparable to or greater than Federal penalties for crimes listed in such Act. The Director of the Bureau of Justice Assistance may waive the requirement of subclause (II) if a State demonstrates an overriding need for assistance under this subsection. ``(ii) Regulations.-- ``(I) In general.--Not later than 90 days after the date of enactment of this subsection, the Director shall promulgate regulations to implement this subsection (including the information that must be included and the requirements that the States must meet) in submitting the applications required under this subsection. In allocating funds under this subsection, the Director may consider the annual number of sex offenders registered in each eligible state's monitoring and notification programs. ``(II) Certain training programs.--Prior to implementing this subsection, the Director of the Bureau of Justice Assistance shall study the feasibility of incorporating into the SOMA program the activities of any technical assistance or training program established as a result of section 40152 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322). In a case in which incorporating such activities into the SOMA program will eliminate duplication of efforts or administrative costs, the Director shall take administrative actions, as allowable, and make recommendations to Congress to incorporate such activities into the SOMA program prior to implementing the SOMA program.''. (b) Study.--The Director of the Bureau of Justice Assistance shall conduct a study to assess the efficacy of the SOMA program and submit recommendations to Congress not later than March 1, 2000. (c) Authorization for Appropriations.--There are authorized to be appropriated to carry out subsection (i) of section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211), $25,000,000 for each of fiscal years 1999 and 2000.

Megan's Law Implementation Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to require the Director of the Bureau of Justice Assistance to award a grant to each eligible State to offset costs directly associated with complying with the Act. Names such grant program the Sex Offender Management Assistance Program (SOMA). Directs that grants awarded be: (1) given directly to the State for distribution to State and local entities; and (2) used for training, salaries, equipment, materials, and other costs directly associated with complying with the Act. Requires a chief executive of a State, to be eligible for such a grant, to submit to the Director annually an application assuring that the State: (1) complies with such Act; and (2) has penalties comparable to or greater than Federal penalties for crimes listed in such Act. Requires the Director to conduct a study to assess the efficacy of SOMA and submit recommendations to the Congress. Authorizes appropriations.

Megan's Law Implementation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Gains Reform Act of 1997''. SEC. 2. 70-PERCENT CAPITAL GAINS DEDUCTION FOR TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Section 1202 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 1202. CAPITAL GAINS DEDUCTION. ``(a) General Rule.--If for any taxable year a taxpayer other than a corporation has a net capital gain, 70 percent of such gain shall be a deduction from gross income. ``(b) Estates and Trusts.--In the case of an estate or trust, the deduction shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets. ``(c) Coordination With Treatment of Capital Gain Under Limitation on Investment Interest.--For purposes of this section, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under section 163(d)(4)(B)(iii). ``(d) Transitional Rule.-- ``(1) In general.--In the case of a taxable year which includes January 1 of the year following the date of enactment of this section-- ``(A) the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year on or after such January 1, and ``(B) the amount of the net capital gain taken into account in applying section 1(h) for such year shall be reduced by the amount taken into account under subparagraph (A) for such year. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.''. (b) Deduction Allowable in Computing Adjusted Gross Income.-- Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (15) the following new paragraph: ``(16) Long-term capital gains.--The deduction allowed by section 1202.''. (c) Conforming Amendments.-- (1) Section 1 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Section 170(e)(1) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``30 percent (100 percent in the case of a corporation) of the amount of gain''. (3) Section 172(d)(2)(B) of such Code is amended to read as follows: ``(B) the deduction under section 1202 shall not be allowed.''. (4) The last sentence of section 453A(c)(3) of such Code is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1202 (whichever is appropriate) shall be taken into account.''. (5) Section 642(c)(4) of such Code is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 (relating to capital gains deduction). In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).''. (6) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The deduction under section 1202 (relating to capital gains deduction) shall not be taken into account.''. (7) Section 643(a)(6)(C) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1202 (relating to capital gains deduction) shall not be taken into account''. (8)(A) Section 904(b)(2) of such Code is amended by striking subparagraph (A), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.''. (B) Section 904(b)(2)(A) of such Code, as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) in clause (i), by striking ``in lieu of applying subparagraph (A),''. (C) Section 904(b)(3) of such Code is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).''. (D) Section 593(b)(2)(D)(v) of such Code is amended-- (i) by striking ``if there is a capital gain rate differential (as defined in section 904(b)(3)(D)) for the taxable year,'', and (ii) by striking ``section 904(b)(3)(E)'' and inserting ``section 904(b)(3)(D)''. (9) Section 1044(d) of such Code is amended by striking the last sentence. (10)(A) Section 1211(b)(2) of such Code is amended to read as follows: ``(2) the sum of-- ``(A) the excess of the net short-term capital loss over the net long-term capital gain, and ``(B) one-half of the excess of the net long-term capital loss over the net short-term capital gain.''. (B) So much of section 1212(b)(2) of such Code as precedes subparagraph (B) thereof is amended to read as follows: ``(2) Special rules.-- ``(A) Adjustments.-- ``(i) For purposes of determining the excess referred to in paragraph (1)(A), there shall be treated as short-term capital gain in the taxable year an amount equal to the lesser of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b), or ``(II) the adjusted taxable income for such taxable year. ``(ii) For purposes of determining the excess referred to in paragraph (1)(B), there shall be treated as short-term capital gain in the taxable year an amount equal to the sum of-- ``(I) the amount allowed for the taxable year under paragraph (1) or (2) of section 1211(b) or the adjusted taxable income for such taxable year, whichever is the least, plus ``(II) the excess of the amount described in subclause (I) over the net short-term capital loss (determined) without regard to this subsection) for such year.''. (C) Section 1212(b) of such Code is amended by adding at the end of the following: ``(3) Transitional rule.--In the case of any amount which, under this subsection and section 1211(b) (as in effect for taxable year beginning before January 1, 1998), is treated as a capital loss in the first taxable year beginning after December 31, 1997, paragraph (2) and section 1211(b) (as so in effect) shall apply (and paragraph (2) and section 1211(b) as in effect for taxable years beginning after December 31, 1997, shall not apply) to the extent such amount exceeds the total of any capital gain net income (determined without regard to this subsection) for taxable years beginning after December 31, 1997.''. (11) Section 1402(i)(1) of such Code is amended by inserting``, and the deduction provided by section 1202 shall not apply'' before the period at the end thereof. (12) Section 1445(e) of such Code is amended-- (A) in paragraph (1), by striking ``35 percent (or, to the extent provided in regulations, 28 percent)'' and inserting ``22 percent (or, to the extent provided in regulation, 15.6 percent)'', and (B) in paragraph (2), by striking ``35 percent'' and inserting ``22 percent''. (13)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``28 percent (34 percent'' and inserting ``15.6 percent (22 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``28 percent (34 percent'' and inserting ``15.6 percent (22 percent''. (14) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended to read as follows: ``Sec. 1202, Capital gains deduction.''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments, made by this section apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act. (2) Repeal of section 1(h).--The amendment made by subsection (c)(1) applies to taxable years beginning on or after January 1 of the year following the date of enactment of this Act. (3) Contributions.--The amendment made by subsection (c)(2) applies to contributions on or after January 1 of the year following the date of enactment of this Act. (4) Use of long-term losses.--The amendments made by subsection (c)(10) apply to taxable years beginning on or after January 1 of the second year following the date of enactment of this Act. (5) Withholding.--The amendments made by subsection (c)(12) apply only to amounts paid on or after January 1 of the year following the date of enactment of this Act. SEC. 3. REDUCTION OF ALTERNATIVE CAPITAL GAIN TAX FOR CORPORATIONS. (a) In General.--Section 1201(a)(2) of the Internal Revenue Code of 1986 (relating to alternative tax for corporations) is amended by striking ``35 percent'' and inserting ``22 percent''. (b) Transitional Rule.--Section 1201(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Transitional Rule.-- ``(1) In general.--In applying this section, net capital gain for any taxable year shall not exceed the net capital gain determined by taking into account only gains and losses properly taken into account for the portion of the taxable year on or after January 1 of the year following the date of enactment of this subsection. ``(2) Special rule for pass-thru entities.--Section 1202(d)(2) shall apply for purposes of paragraph (1).''. (c) Conforming Amendment.--Section 852(b)(3)(D)(iii) of the Internal Revenue Code of 1986 is amended by striking ``65 percent'' and inserting ``78 percent''. (d) Effective Date.--The amendments made by this section apply to taxable years ending after December 31 of the year which includes the date of enactment of this Act.

Capital Gains Reform Act of 1997 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 70 percent of such gain shall be a deduction from gross income. Reduces the alternative capital gain tax for corporations.

Capital Gains Reform Act of 1997

SECTION 1. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE. (a) Study.-- (1) In general.--The Secretary of the Air Force shall conduct a study on the ability of the major air test and training range infrastructure, including major military operating area airspace and special use airspace, to support the full spectrum of Air Force operations. The Secretary shall incorporate the results of the study into a master plan for requirements and proposed investments to meet Air Force training and test needs through 2025. The study and the master plan shall be known as the ``2025 Air Test and Training Range Enhancement Plan''. (2) Consultation.--The Secretary of the Air Force shall, in conducting the study required under paragraph (1), consult with the Secretaries of the other military departments to determine opportunities for joint use and training of the ranges, and to assess the requirements needed to support combined arms training on the ranges. The Secretary shall also consult with the Department of the Interior, the Department of Agriculture, the Federal Aviation Administration, and the Federal Energy Regulation Commission to assess the need for transfers of administrative control of certain parcels to the Department of Defense to protect the missions and control of the ranges. (b) Reports.-- (1) In general.--The Secretary of the Air Force shall submit to the congressional defense committees (as that term is defined in section 101 of title 10, United States Code) an interim report and a final report on the plan required under subsection (a) not later than 120 days and 210 days, respectively, after the date of the enactment of this Act. (2) Content.--The plan submitted under paragraph (1) shall-- (A) document the current condition and adequacy of the major Air Force test and training range infrastructure in the United States to meet test and training requirements; (B) identify potential areas of concern for maintaining the physical safety, security, and current operating environment of such infrastructure; (C) identify potential issues and threats related to the sustainability of the test and training infrastructure, including electromagnetic spectrum encroachment, overall bandwidth availability, and protection of classified information; (D) assess coordination among ranges and local, state, regional, and Federal entities involved in land use planning, and develop recommendations on how to improve communication and coordination of such entities; (E) propose remedies and actions to manage economic development on private lands on or surrounding the test and training infrastructure to preserve current capabilities; (F) identify critical parcels of land not currently under the control of the Air Force for acquisition of deed or restrictive easements in order to protect current operations, access and egress corridors, and range boundaries, or to expand the capability of the air test and training ranges; (G) identify which parcels identified pursuant to subparagraph (F) could, through the acquisition of conservation easements, serve military interests while also preserving recreational access to public and private lands, protecting wildlife habitat, or preserving opportunities for energy development and energy transmission; (H) prioritize improvements and modernization of the facilities, equipment, and technology supporting the infrastructure in order to provide a test and training environment that accurately simulates and or portrays the full spectrum of threats and targets of likely United States adversaries in 2025; (I) incorporate emerging requirements generated by requirements for virtual training and new weapon systems, including the F-22, the F-35, space and cyber systems, and Remotely Piloted Aircraft; (J) assess the value of State and local legislative initiatives to protect Air Force test and training range infrastructure; (K) identify parcels with no value to future military operations; and (L) propose a list of prioritized projects, easements, acquisitions, or other actions, including estimated costs required to upgrade the test and training range infrastructure, taking into consideration the criteria set forth in this paragraph. (3) Form.--Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex as necessary. (4) Rule of construction.--The reports submitted under this section shall not be construed as meeting the requirements of section 2815(d) of the Military Construction Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852).

Directs the Secretary of the Air Force to: (1) conduct a study on the ability of the major air test and training range infrastructure to support the full spectrum of Air Force operations; (2) develop a master plan for requirements and proposed investments to meet Air Force training and test needs through 2025; and (3) submit to the congressional defense and appropriations committees an interim and final report on the master plan.

A bill to require an Air Force study on the threats to, and sustainability of, the air test and training range infrastructure.

CASA MALPAIS NATIONAL HISTORIC PARK SECTION. 1. SHORT TITLE AND CONGRESSIONAL FINDINGS. (a) This Act may be cited as the ``Casa Malpais National Historical Park Establishment Act of 1993''. (b) The Congress finds that-- (1) the Casa Malpais is historically and culturally significant to the State of Arizona, the Town of Springerville and the Nation; (2) the Native American population in Arizona and New Mexico has shown strong and sincere interest in the preservation and interpretation of their heritage through the protection of the Casa Malpais; (3) the Town of Springerville has played a significant role in the preservation of the cultural resources of the Casa Malpais through a program of interpretation and preservation of the landmark; (4) the Casa Malpais National Historic Landmark was occupied by one of the largest and most sophisticated Mogollon communities in the United States; (5) the landmark includes a fifty-eight room masonry pueblo, including stairways, Great Kiva complex, and fortification walls, a prehistoric trail, and catacomb chambers where the deceased were placed; and (6) the Casa Malpais was designated as a national historic landmark by the Secretary of the Interior in 1957. SEC. 2. ESTABLISHMENT OF CASA MALPAIS NATIONAL HISTORICAL PARK. (a) In order to preserve, for the benefit and enjoyment of present and future generations, that area in Arizona containing the nationally significant Casa Malpais, and other significant natural and cultural resources, there is hereby established the Casa Malpais National Historical Park (hereinafter in this Act referred to as the ``park'') as a unit of the National Park System. The park shall consist of approximately thirty-five acres, a map of which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and in the office of the mayor of the Town of Springerville, Arizona. (b) The park shall be administered by the Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') and the Town of Springerville, Arizona (hereinafter in this Act referred to as the ``Town''), in accordance with section 3. (c) Within six months after the date of enactment of this Act, the Secretary shall file a legal description of the park with the Committee on Energy and National Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives. Such legal description shall have the same force and legal description as if included in this Act, except that the Secretary may correct clerical and typographical errors in such legal description. The legal description shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, in the State of Arizona, and in the office of the mayor of the Town of Springerville, Arizona: Provided, That the Secretary may from time to time, after completion of the general management plan referred to in section 108(a), may make minor adjustments to the park boundary by publication of a revised map or other boundary description in the Federal Register. SEC. 3. ADMINISTRATION AND MANAGEMENT OF THE PARK. (a) (1) To achieve the purposes of this Act, the Secretary, in cooperation with the Town, shall formulate a comprehensive plan for the protection, preservation, interpretation, development and maintenance of the site. (2) Within eighteen months following the date of enactment of this section, the Secretary shall transmit the plan to the President of the Senate and the Speaker of the House of Representatives. (b) The Secretary may, pursuant to cooperative agreement-- (1) provide technical assistance to the Town or unit of local government in the management, protection, and interpretation of the site; and (2) make periodic grants, which shall be supplemental to any other funds to which the grantee may be entitled under any other provision of law, to the Town or local unit of government for the annual costs of operation and maintenance, including but not limited to, salaries of personnel and the protection, preservation, and rehabilitation of the site. (c) The Secretary is authorized to enter into cooperative agreements with either the Town under which the Secretary may manage and interpret any lands owned by Town and the state of Arizona, respectively, within the boundaries of the Park. (d) In order to encourage a unified and cost effective interpretive program of the natural, cultural and recreational resources of the Casa Malpais and its environs, the Secretary is authorized to enter into cooperative agreements with other Federal, State, and local public departments and agencies, Indian tribes, and nonprofit entities providing for the interpretation of these resources. Such cooperative agreements may also provide for financial and technical assistance for the planning and implementation of interpretive programs and minimal development related to these programs. SEC. 4. LAND USE PLANNING. The Secretary may participate in land use planning conducted by appropriate local authorities for lands adjacent to the park and may provide technical assistance to such authorities and affected landowners for such planning. SEC. 5. EXISTING TRANSMISSION OR DISTRIBUTION FACILITIES. Nothing in this Act shall be construed as authorizing or requiring revocation of any interest or easement for existing transmission or distribution facilities or prohibiting the operation and maintenance of such facilities within or adjacent to the park boundary. SEC. 6. GENERAL MANAGEMENT PLAN. (a) Within three years from the date of enactment of this Act, the Secretary, in cooperation with the Town and the State, shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives, a general management plan for the park consistent with the purposes of this Act, including, but not limited to-- (1) a statement of the number of visitors and types of public use within the park which can be accommodated in accordance with the protection and preservation of its resources; (2) a resource protection program; (3) a general interpretive program; (4) a general development plan for the park, including proposals for a visitor's center and recreation facilities, and the estimated cost thereof; and (b) The general management plan shall be prepared in consultation with the Casa Malpais National Historical Park Advisory Commission established pursuant to section 7, appropriate Indian tribes and their civil officials, the Arizona Historical Preservation Office, and other interested parties. SEC. 7. CASA MALPAIS NATIONAL HISTORICAL PARK ADVISORY COMMISSION. (a) There is hereby established the Casa Malpais National Historical Park Advisory Commission (hereinafter in this Act referred to as the ``Commission''). The Commission shall be composed of members appointed by the Secretary on the recommendation of the mayor of Springerville for terms of 5 years as follows: (1) one member, who shall have professional expertise in history and/or archeology, appointed from recommendations submitted by the Governor of the State of Arizona; (2) one member, who shall have professional expertise in history, appointed from recommendations submitted by the mayor of the Town of Springerville, Arizona; (3) one member, who shall have professional expertise in Indian history or ceremonial activities, appointed from recommendations submitted by the Inter-Tribal Council of Arizona; (4) one member, who shall have professional expertise in outdoor recreation; (5) one member, who shall be an affected landowner; (6) one member, who shall have professional expertise in cultural anthropology; (7) one member from the general public; (8) the Mayor of the Town of Springerville or his or her designee, ex officio; and (9) the Director of the National Park Service, or his or her designee, ex officio. (b) Any member of the Commission may serve after the expiration of his or her term until a successor is appointed. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (c) Members of the Commission shall serve without pay. 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 Government service are allowed expenses under section 5703 of title 5, United States Code. (d) The Chair and other officers of the Commission shall be elected by a majority of the members of the Commission to serve for terms established by the Commission. (e) The Commission shall meet at the call of the Chair or a majority of its members, but not less than twice annually. Six members of the Commission shall constitute a quorum. Consistent with the public meeting requirements of section 10 of the Federal Advisory Committee Act (5 U.S.C. App.), the Commission shall, from time to time, meet with persons concerned with Indian history and historic preservation, and with other interested persons. (f) The Commission may make such bylaws, rules, and regulations as it considers necessary to carry out its functions under this Act. Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (g) The Commission shall advise the Secretary and the Town on the management and development of the park, and on the preparation of the general management plan referred to in section 6(a). The Secretary, or his or her designee, shall from time to time, but at least semiannually, meet and consult with the Commission on matters relating to the management and development of the park. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for the purposes of this Act.

Casa Malpais National Historical Park Establishment Act of 1993 - Establishes the Casa Malpais National Historical Park in Arizona as a unit of the National Park System, to be administered by the Secretary of the Interior and the town of Springerville, Arizona. Directs the Secretary to submit a plan for the protection, preservation, interpretation, development, and maintenance of the site to the President of the Senate and the Speaker of the House of Representatives. Authorizes the Secretary to: (1) provide technical assistance to Springerville for the site's management; (2) make grants to the town for annual costs of operation and maintenance; (3) enter into cooperative agreements for the management and interpretation of the Park; and (4) participate in, and provide technical assistance for, land use planning for lands adjacent to the Park. Directs the Secretary to submit a general management plan for the Park to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Establishes the Casa Malpais National Historical Park Advisory Commission. Authorizes appropriations.

Casa Malpais National Historical Park Establishment Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Research and Development Coordination Act of 2011''. SEC. 2. COMPREHENSIVE PLAN FOR ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION. (a) In General.--Section 6 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905) is amended-- (1) by striking the section heading and all that follows through the end of subsection (a) and inserting the following: ``SEC. 6. COMPREHENSIVE PLANNING AND PROGRAMMING. ``(a) Comprehensive Plan.-- ``(1) In general.--The Secretary, in consultation with the National Energy Research Coordination Council established under section 18, shall submit to Congress, along with the annual submission of the budget by the President under section 1105 of title 31, United States Code, a comprehensive plan for energy research, development, and demonstration programs across the Federal Government. ``(2) Relationship to other reviews.--The plan-- ``(A) shall be based on the most recent Quadrennial Energy Review prepared under section 801 of the Department of Energy Organization Act (42 U.S.C. 7321); and ``(B) may take into account key energy developments since the most recent Quadrennial Energy Review. ``(3) Revisions.--The plan shall be appropriately revised annually in accordance with section 15(a). ``(4) Goals.--The plan shall be designed to achieve solutions to problems in energy supply, transmission, and use (including associated environmental problems) in-- ``(A) the immediate and short-term (the period up to 5 years after submission of the plan); ``(B) the medium-term (the period from 5 years to 15 years after submission of the plan); and ``(C) the long-term (the period beyond 15 years after submission of the plan).''; and (2) in subsection (b), by striking ``(b)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(b) Department of Energy Program.-- ``(1) Program.-- ``(A) In general.--Based on the comprehensive plan developed under subsection (a), the Secretary shall develop and submit to Congress, along with the annual budget submission for the Department, a detailed description of an energy research, development, and demonstration program to implement the aspects of the comprehensive plan appropriate to the Department. ``(B) Updates.--The program shall be updated and transmitted to Congress annually as a part of the report required under section 15.''. (b) Reports.--Section 15 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5914) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``this Act'' and inserting ``this Act and the plan under this Act''; (B) in paragraph (2), by striking ``nuclear and nonnuclear''; and (C) in paragraph (3), by striking ``nonnuclear''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``nonnuclear'' and inserting ``energy''; and (B) in paragraph (1), by striking ``objections'' and inserting ``objectives''; and (3) by striking subsection (c) and inserting the following: ``(c) Administration.--Section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; Public Law 104-66) shall not apply to this section.''. SEC. 3. COORDINATION AND REDUCTION OF DUPLICATION OF ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES. The Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.) is amended by adding at the end the following: ``SEC. 18. COORDINATION AND REDUCTION OF DUPLICATION OF ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES. ``(a) Definitions.--In this section: ``(1) Annual budget submission.--The term `annual budget submission' means the budget proposal of the President transmitted under section 1105 of title 31, United States Code. ``(2) Chairpersons.--The term `Chairpersons' means -- ``(A) the Director of the Office of Science and Technology Policy; and ``(B) the Secretary. ``(3) Comprehensive plan.--The term `comprehensive plan' means the comprehensive plan for energy research, development, and demonstration developed under sections 6(a) and 15(a). ``(4) Council.--The term `Council' means the National Energy Research Coordination Council established under subsection (b). ``(5) Energy program agency.--The term `energy program agency' means an executive department or agency for which the annual expenditure budget for energy research, development, and demonstration activities, including activities described in section 6(b), exceeds $10,000,000. ``(b) National Energy Research Coordination Council.-- ``(1) Establishment.--There is established within the Department a National Energy Research Coordination Council to coordinate the development and funding of energy research, development, and demonstration activities for all energy program agencies. ``(2) Composition.--The Council shall be composed of-- ``(A) the Director of the Office of Science and Technology Policy and the Secretary, who shall jointly serve as Chairpersons of the Council; ``(B) the Director of the Office of Management and Budget; ``(C) the head of any energy program agency; and ``(D) such other officers or employees of executive departments and agencies as the President may, from time to time, designate. ``(c) National Energy Research, Development, and Demonstration Program Budget.-- ``(1) In general.--The Chairpersons shall-- ``(A) in coordination with the Council, establish for each fiscal year a consolidated budget proposal to implement the comprehensive plan, taking into account-- ``(i) applicable recommendations of the National Academy of Sciences under this Act; and ``(ii) the need to avoid unnecessary duplication of programs across Federal agencies; ``(B) provide budget guidance, coordination, and review in the development of energy research, development, and demonstration budget requests submitted to the Office of Management and Budget by each energy program agency; and ``(C) submit to the President and Congress the consolidated budget proposal under subparagraph (A) as part of the annual budget submission. ``(2) Timing and format of budget requests.--The head of each energy program agency shall ensure timely budget development and submission to the Chairpersons of energy research, development, and demonstration budget requests, in such format as may be determined by the Chairpersons with the concurrence of the Director of the Office of Management and Budget. ``(d) Coordination of Implementation.--The Chairpersons, in consultation with the Council, shall-- ``(1) establish objectives and priorities for energy research, development, and demonstration functions under this Act; ``(2) review the implementation of the comprehensive plan in all energy program agencies; ``(3) make such recommendations to the President as the Chairpersons determine are appropriate regarding changes in the organization, management, and budgets of energy program agencies-- ``(A) to implement the policies, objectives, and priorities established under paragraph (1) and the comprehensive plan; and ``(B) to avoid unnecessary duplication of programs across Federal agencies; and ``(4) notify the head of an energy program agency if the policies or activities of the energy program agency are not in compliance with the responsibilities of the energy program agency under the comprehensive plan. ``(e) Reports From the National Academy of Sciences.-- ``(1) In general.--The Secretary, in consultation with the Council, may enter into appropriate arrangements with the National Academy of Sciences under which the Academy shall prepare reports that evaluate and provide recommendations with respect to specific areas of energy research, development, and demonstration, including areas described in section 6(b) and fundamental science and engineering research supporting those areas. ``(2) Submission to congress.--The Secretary shall submit to Congress a copy of each report prepared under this subsection. ``(f) Independent Administration of Council.-- ``(1) Location.--The physical location of the Council shall be separate and distinct from the headquarters of the Department. ``(2) Budget.--The Secretary shall submit the budget of the Council as a separate and distinct element of the budget submission of the Department for a fiscal year. ``(3) Personnel.-- ``(A) In general.--The Secretary shall ensure that the Council has necessary administrative support and personnel of the Department to carry out this section. ``(B) Council personnel.-- ``(i) In general.--The Chairpersons shall select, appoint, employ, and fix the compensation of such officers and employees of the Council as are necessary to carry out the functions of the Council. ``(ii) Authority.--Each officer or employee of the Council-- ``(I) shall be responsible to and subject to the authority, direction, and control of the Chairpersons, acting through an Executive Director appointed by the Chairpersons or the designee of the Executive Director; and ``(II) shall not be responsible to, or subject to the authority, direction, or control of, any other officer, employee, or agent of the Department or Office of Science and Technology Policy. ``(C) Prohibition on dual office holding.--An individual may not concurrently hold or carry out the responsibilities of-- ``(i) a position within the Council; and ``(ii) a position within the Department or Office of Science and Technology Policy that is not within the Council. ``(g) GAO Review of Effectiveness of Council.--Not later than 3 years after the date of enactment of this section and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a management assessment of the Council, including an assessment of whether the Council is-- ``(1) adequately staffed with personnel with necessary skills; ``(2) properly coordinating and disseminating policy and budget information to the energy program agencies and managers on an effective and timely basis; and ``(3) aligning the overall energy research, development, and demonstration budget so as to achieve the comprehensive plan and avoid unnecessary duplication of programs across Federal agencies.''.

Energy Research and Development Coordination Act of 2011 - Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to direct the Secretary of Energy to submit to Congress, along with the President's annual budget proposal, a comprehensive plan for federal energy research, development, and demonstration programs based on the most recent Quadrennial Energy Review. Requires the plan to be designed to solve problems in energy supply, transmission, and use (including associated environmental problems) in the immediate and short-term, medium-term, and long-term. Directs the Secretary to submit to Congress, along with the annual budget proposal of the Department of Energy (DOE), a detailed description of an energy research, development, and demonstration program to implement the aspects of the comprehensive plan appropriate to the DOE. Establishes a National Energy Research Coordination Council within the DOE to coordinate the development and funding of energy research, development, and demonstration activities for all energy program agencies. Requires the Chairpersons of the Council to establish a consolidated budget proposal each fiscal year to implement the comprehensive plan for federal energy research, development, and demonstration programs. Requires the physical location of the Council to be separate and distinct from DOE headquarters.

A bill to amend the Federal Nonnuclear Energy Research and Development Act of 1974 to provide for the prioritization, coordination, and streamlining of energy research, development, and demonstration programs to meet current and future energy needs, and for other purposes.

SECTION 1. ASSESSMENT OF FEES. (a) In General.--Section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)) is amended-- (1) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; (2) by striking ``(a)(1)'' and all that follows through the end of paragraph (3) and inserting the following: ``(a) Annual Fees.-- ``(1) Minimum regulatory fees.--In addition to assessing fees pursuant to a schedule established under paragraph (2), the Commission shall require each gaming operation that conducts a class II or class III gaming activity that is regulated by this Act to pay to the Commission, on a quarterly basis, a minimum regulatory fee in an amount equal to $250. ``(2) Class ii and class iii gaming fees.-- ``(A) Class ii gaming fees.-- ``(i) In general.--The Commission shall establish a schedule of fees to be paid to the Commission that includes fees for each class II gaming activity that is regulated by this Act. ``(ii) Rate of fees.--For each gaming activity covered under the schedule established under clause (i), the rate of fees imposed under that schedule shall not exceed 2.5 percent of the gross revenues of that gaming activity. ``(iii) Amount of fees assessed.--Subject to paragraph (3), the total amount of fees imposed during any fiscal year under the schedule established under clause (i) shall not exceed-- ``(I) $5,000,000 for fiscal year 1998; ``(II) $8,000,000 for fiscal year 1999; and ``(III) $10,000,000 for fiscal year 2000, and for each fiscal year thereafter. ``(B) Class iii gaming fees.-- ``(i) In general.--The Commission shall establish a schedule of fees to be paid to the Commission that includes fees for each class III gaming activity that is regulated by this Act. ``(ii) Rate of fees.--For each gaming activity covered under the schedule established under clause (i), the rate of fees imposed under that schedule shall not exceed 0.5 percent of the gross revenues of that gaming activity. ``(iii) Amount of fees assessed.--Subject to paragraph (3), the total amount of fees imposed during any fiscal year under the schedule established under clause (i) shall not exceed-- ``(I) $3,000,000 for fiscal year 1998; ``(II) $4,000,000 for fiscal year 1999; and ``(III) $5,000,000 for fiscal year 2000, and for each fiscal year thereafter. ``(3) Graduated fee limitation.-- ``(A) In general.--The aggregate amount of fees collected under paragraph (2) shall not exceed-- ``(i) $8,000,000 for fiscal year 1998; ``(ii) $12,000,000 for fiscal year 1999; and ``(iii) $15,000,000 for fiscal year 2000, and for each fiscal year thereafter. ``(B) Factors for consideration.--In assessing and collecting fees under this section, the Commission shall take into account the duties of, and services provided by, the Commission under this Act. ``(4) Special fund.--The Secretary of the Treasury shall establish a special fund into which the Secretary of the Treasury shall deposit amounts equal to the fees paid under this subsection. The amounts deposited into the special fund shall be used only to fund the activities of the Commission under this Act.''; (3) in paragraph (5), as redesignated by paragraph (1) of this section, by striking ``(5) Failure'' and inserting the following: ``(5) Consequences of failure to pay fees.--Failure''; (4) in paragraph (6), as redesignated by paragraph (1) of this section, by striking ``(6) To the extent'' and inserting the following: ``(6) Credit.--To the extent''; and (5) in paragraph (7), as redesignated by paragraph (1) of this section, by striking ``(7) For purposes of this section,'' and inserting the following: ``(7) Gross revenues.--For purposes of this section,''. (b) Budget of Commission.--Section 18(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(b)) is amended-- (1) by striking ``(b)(1) The Commission'' and inserting the following: ``(b) Requests for Appropriations.-- ``(1) In general.--The Commission''; (2) by striking paragraph (2) and inserting the following: ``(2) Contents of budget.--For fiscal year 1998, and for each fiscal year thereafter, the budget of the Commission may include a request for appropriations, as authorized by section 19, in an amount equal to the sum of-- ``(A)(i) for fiscal year 1998, an estimate (determined by the Commission) of the amount of funds to be derived from the fees collected under subsection (a) for that fiscal year; or ``(ii) for each fiscal year thereafter, the amount of funds derived from the fees collected under subsection (a) for the fiscal year preceding the fiscal year for which the appropriation request is made; and ``(B) $1,000,000.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 19 of the Indian Gaming Regulatory Act (25 U.S.C. 2718) is amended to read as follows: ``SEC. 19. AUTHORIZATION OF APPROPRIATIONS. ``Subject to section 18, for fiscal year 1998, and for each fiscal year thereafter, there are authorized to be appropriated to the Commission an amount equal to the sum of-- ``(1)(A) for fiscal year 1998, an estimate (determined by the Commission) of the amount of funds to be derived from the fees collected under subsection (a); or ``(B) for each fiscal year thereafter, the amount of funds derived from the fees collected under subsection (a) for the fiscal year preceding the fiscal year; and ``(2) $1,000,000.''.

Amends the Indian Gaming Regulatory Act to repeal specified funding provisions for the National Indian Gaming Commission. Replaces them with provisions directing the Commission to: (1) require each gaming operation that conducts class II or class III gaming activity that is regulated by the Act to pay to the Commission, on a quarterly basis, a minimum regulatory fee of $250; and (2) establish a schedule of fees to be paid to the Commission that includes fees for each class II and class III gaming activity that is regulated by the Act. Limits: (1) the rate of fees imposed for each class II and class III gaming activity covered under that schedule that is regulated by the Act; and (2) the total amount of fees imposed during any fiscal year under the schedule established. Prohibits aggregate fee amounts collected from exceeding specified limitations. Directs the Secretary of the Treasury to establish a special fund into which amounts equal to the fees paid shall be deposited to be used to fund the Commission's activities. Revises: (1) Commission budget content requirements; and (2) authorization of appropriations provisions.

A bill to provide for the assessment of fees by the National Indian Gaming Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nineveh Plain Refugee Act of 2014''. SEC. 2. IN-COUNTRY PROCESSES FOR CERTAIN ALIENS APPLYING FOR REFUGEE STATUS. (a) In-Country Processes.--The Secretary of State, in consultation with the Secretary of Homeland Security, shall establish or use existing processes in Iraq, Saudi Arabia, Lebanon, Jordan, Kuwait, Turkey, and Syria through which an alien who is located in such a country and described in section 3(b) may apply and interview for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). Such an alien shall be considered a refugee of special humanitarian concern eligible for Priority 2 processing under the refugee resettlement priority system. (b) Suspension of In-Country Processes.-- (1) In general.--The Secretary of State, in consultation with the Secretary of Homeland Security, may suspend the processes under subsection (a) in a foreign country listed in subsection (a) for a period not to exceed 90 days, if the Secretary determines that such a suspension is appropriate. (2) Extension.--The Secretary of State, in consultation with the Secretary of Homeland Security, may extend a suspension under paragraph (1) upon notification to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Foreign Relations of the Senate. (3) Report.--The Secretary of State shall submit to the committees listed in paragraph (2) a report that describes the reason for each suspension and extension under this subsection. SEC. 3. ALIENS ELIGIBLE TO APPLY FOR ADMISSION TO THE UNITED STATES AS A REFUGEE USING IN-COUNTRY PROCESSES. (a) In General.--In the case of an alien who is within a category of aliens established under subsection (b), the alien may establish, for purposes of admission as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), that the alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution. (b) Establishment of Categories.--For purposes of subsection (a), the Secretary of State, in consultation with the Secretary of Homeland Security, shall establish one or more categories of aliens who are or were nationals or residents of a territory controlled by the group commonly known as the Islamic State of Iraq and the Levant (or any successor name) in Iraq, Saudi Arabia, Lebanon, Jordan, Kuwait, Turkey, or Syria and who share common characteristics that identify them as targets of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion. (c) Exclusion From Numerical Limitations.--Aliens provided Priority 2 processing under the refugee resettlement priority system under this section shall not be counted against any numerical limitation under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for fiscal years 2014 and 2015. (d) Eligibility for Admission as Refugee.--No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. (e) Written Reasons for Denials of Refugee Status.--Each decision to deny an application for refugee status of an alien under this section shall be in writing and shall state, to the maximum extent feasible, the reason for the denial. (f) Permitting Certain Aliens Within Categories To Reapply for Refugee Status.--Each alien described in subsection (b) who after, June 1, 2014, and before the date of the enactment of this Act was denied refugee status shall be permitted to reapply for such status. Such an application shall be determined taking into account the application of this Act. (g) Protection of Aliens.--In the case that the Secretary of State, in consultation with the Secretary of Homeland Security, determines that an alien who is located in a foreign country listed in section 2(a) and described in subsection (b) who has applied for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) using the processes under this Act is in imminent danger, the Secretary shall make a reasonable effort to provide such alien with protection or the immediate removal from that country. SEC. 4. REPORTS. (a) Initial Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Foreign Relations of the Senate a report containing plans to expedite the processing of applications for admission to the United States as refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) of aliens described in section 3(b) who apply for admission using the processes under the Act, including information relating to-- (1) expediting the processing of such refugees for resettlement, including through temporary expansion of the Refugee Corps of United States Citizenship and Immigration Services; (2) increasing the number of personnel of the Department of State and the Department of Homeland Security devoted to the processing of such applications; (3) enhancing existing systems for conducting background and security checks of such aliens; and (4) the projections of the Secretary for the number of refugee interviews that will be conducted in each foreign country listed in section 2(a) in each month of fiscal years 2015 and 2016. (b) Annual Report.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter through 2016, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit to Congress an unclassified report, with a classified annex if necessary, which includes-- (1) an assessment of the financial, security, and personnel considerations and resources necessary to carry out the provisions of this Act; (2) the number of aliens described in section 3(b); (3) the number of such aliens who have applied for admission to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) using the processes under this Act; and (4) in the case of such applications pending for longer than 180 days, the reason that refugee status has not been granted in each such case.

Nineveh Plain Refugee Act of 2014 - Directs the Secretary of State to establish or use existing processes in Iraq, Saudi Arabia, Lebanon, Jordan, Kuwait, Turkey, and Syria through which a qualifying alien in such a country may apply and interview for refugee admission to the United States. Considers such an alien to be a refugee of special humanitarian concern eligible for priority 2 processing under the refugee resettlement priority system. Authorizes the Secretary to: (1) suspend in-country processes in such a foreign country for up to 90 days, and (2) extend a suspension upon congressional notification. Directs the Secretary to establish one or more categories of aliens who are or were nationals or residents of a territory controlled by the group known as the Islamic State of Iraq and the Levant (ISIL), or any successor name, in Iraq, Saudi Arabia, Lebanon, Jordan, Kuwait, Turkey, or Syria, and who share common characteristics that identify them as targets of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion. Provides that: an alien provided priority 2 processing shall not be counted against annual refugee admission limitations, no alien shall be denied the opportunity to apply for admission under this Act solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification, each denial for refugee status under this Act shall be in writing and shall state the reason for denial, each qualifying alien who after June 1, 2014, and before the date of enactment of this Act was denied refugee status shall be permitted to reapply for such status, and if the Secretary determines that an alien in such country who has applied for U.S. refugee admission pursuant to this Act is in imminent danger the Secretary shall make a reasonable effort to provide such alien with protection or the immediate removal from the country.

Nineveh Plain Refugee Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Forest Youth Conservation Corps Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) the natural fire regimes of forested public land have been altered by intensive fire suppression; (2) fire suppression has led to increased risk of unnaturally severe wildfires that in recent years have destroyed thousands of homes, devastated agricultural crops and livestock, reduced biodiversity, and scorched thousands of areas of soil and natural resources; (3) catastrophic wildfires pose a particular threat to communities and wildlife living close to forested wildland, known as the ``wildland-urban interface''; (4) each year millions of dollars are spent to fight severe wildfires and protect communities where municipal water supplies, human lives, and property are threatened; (5) contracts and cooperative agreements between Federal agencies and State and local governments and other entities empower communities and are cost-effective tools that provide positive social and environmental benefits, and the use of such contracts and agreements should be encouraged as a means to prevent unnaturally severe fires, rehabilitate public land affected or altered by fires, and enhance and maintain environmentally important land and water; and (6) joint collaborations between the Federal agencies and service and conservation corps composed of young adults are particularly beneficial, as the collaborations provide-- (A) young adults the opportunity to prepare for productive lives while engaged in meaningful and educational public service opportunities; and (B) the public with cost-saving human resources to assist in conserving, maintaining, and protecting public land. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to allow service and conservation corps to enter into agreements with public land management agencies to perform rehabilitation and enhancement projects to prevent fire, rehabilitate public land affected or altered by fires, and suppress fires, and provide disaster relief; (2) to offer young adults who are members of a service and conservation corps, particularly young adults who are at-risk or economically disadvantaged, a chance to obtain skills and experience in forest restoration, so that they are better equipped to gain productive employment in the expanding workforce being deployed on National Forest System lands in fuels reduction, post-fire rehabilitation, and other forest health projects, and so that the pool of trained workers in forest restoration is expanded to satisfy the existing and increasing need for such workers; (3) to provide those young adults the opportunity to serve their communities and their country; and (4) to expand educational opportunities by rewarding individuals who participate in the Healthy Forest Youth Conservation Corps with an increased ability to pursue higher education or employment. SEC. 4. HEALTHY FOREST YOUTH CONSERVATION CORPS. (a) Establishment.--There is established a Healthy Forest Youth Conservation Corps. (b) Participants.--The Corps shall consist of young adults who are enrolled as members of a service and conservation corps covered by a contract or cooperative agreement entered into under subsection (c). (c) Contracts or Agreements.--The Secretary concerned may enter into contracts or cooperative agreements directly with-- (1) any service and conservation corps to carry out a rehabilitation and enhancement project described in subsection (d); or (2) a department of natural resources, agriculture, or forestry (or an equivalent department) of any State that has entered into a contract or cooperative agreement with a service and conservation corps to carry out a rehabilitation and enhancement project described in subsection (d). (d) Authorized Projects.--Under a contract or cooperative agreement entered into under subsection (c), a service and conservation corps may carry out a rehabilitation and enhancement project to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief, including-- (1) a project relating to the National Fire Plan; (2) a project relating to the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.); and (3) other activities allowed under-- (A) a national forest and grassland land management plan; or (B) a Bureau of Land Management land use plan. (e) Priority Projects.--In entering into a contract or cooperative agreement under subsection (c), the Secretary concerned shall give priority to rehabilitation and enhancement projects that will-- (1) reduce hazardous fuels on public land; (2) restore public land affected or imminently threatened by disease or insect infestation; (3) rehabilitate public land affected or altered by fires; (4) assess windthrown public land or public land at high risk of reburn; (5) work to address public land located within relative proximity to a municipal watershed and municipal water supply; (6) provide related emergency assistance, such as natural disaster relief and the rescue of lost or injured persons; (7) instill in members of the service and conservation corps a work ethic and a sense of personal responsibility; (8) be labor-intensive; and (9) be planned and initiated promptly. (f) Activities Performed by Corps Members Who are Under 18.--A young adult under the age of 18 who is enrolled as a member of a service and conservation corps covered by a contract or cooperative agreement entered into under subsection (c) may perform the following types of activities as part of a rehabilitation and enhancement project carried out under the contract or cooperative agreement: (1) Performance of logistical support at fire caches or with the supply unit in support of a fire suppression project. (2) Conducting pre-treatment inventory and other preparatory work, such as building control lines with hand tools, in advance of a prescribed fire project, and conducting post-treatment evaluation and monitoring of the project. (3) Participation in fire-prevention patrols and the dissemination of fire prevention information. (4) Performance of certain aspects of a Burned Area Emergency Rehabilitation project, approved by the Secretary, if not on site, then in a support role receiving and distributing materials and supplies. (g) Supportive Services.--The Secretary concerned may provide such services as the Secretary considers to be necessary to carry out this Act, including technical assistance, oversight, monitoring, and evaluation to or for-- (1) State departments of natural resources and agriculture (or equivalent agencies); (2) service and conservation corps; (3) in the case of Indian lands, the applicable Indian tribe; (4) in the case of Hawaiian home lands, the applicable State agency in the State of Hawaii; and (5) in the case of land under the jurisdiction of an Alaska Native Corporation, the applicable Alaska Native Corporation. (h) Other Uses of Funds.--Funds made available under this Act may be used to support implementation, monitoring, training, technical assistance, and administrative work of service and conservation corps covered by a contract or cooperative agreement entered into under subsection (c). SEC. 5. NONCOMPETITIVE HIRING STATUS. The Secretary may grant a person who is a former member of the Healthy Forest Youth Conservation Corps with credit for time served as a member of the Corps toward future Federal hiring and may provide the person with a noncompetitive hiring status for not more than 120 days beginning on the date on which the person completed service as a member of the Corps. SEC. 6. NONDISPLACEMENT. The nondisplacement requirements of section 177(b) of the National and Community Service Act of 1990 (42 U.S.C. 12637(b)) shall apply to activities carried out under this Act. SEC. 7. DEFINITIONS. In this Act: (1) Alaska native corporation.--The term ``Alaska Native Corporation'' means a Regional Corporation or Village Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) Hawaiian home lands.--The term ``Hawaiian home lands'' has the meaning given the term in section 203 of Public Law 91- 378 (commonly known as the Youth Conservation Corps Act of 1970; 16 U.S.C. 1722). (3) Indian lands.--The term ``Indian lands'' has the meaning given the term in section 203 of Public Law 91-378 (commonly known as the Youth Conservation Corps Act of 1970; 16 U.S.C. 1722). (4) Public land.--The term ``public land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))); (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) and other land administered by the Secretary of the Interior through the United States Fish and Wildlife Service; (C) land owned by a State or local agency; (D) Indian lands, with the approval of the applicable Indian tribe; (E) Hawaiian home lands, with the approval of the applicable State agency in the State of Hawaii; and (F) land under the jurisdiction of an Alaska Native Corporation, with the approval of the applicable Alaska Native Corporation. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to land of the National Forest System described in subparagraph (A) of paragraph (4); (B) the Secretary of the Interior, with respect to public land described in subparagraph (B) of such paragraph; and (C) the Secretary of Agriculture and the Secretary of the Interior jointly, with respect to land described in subparagraphs (C) through (F) of such paragraph. (6) Service and conservation corps.--The term ``service and conservation corps'' means any organization established by a State or local government, nonprofit organization, or Indian tribe that-- (A) has a research-validated demonstrable capability to provide productive work to individuals; (B) gives participants a combination of work experience, basic and life skills, education, training, and support services; and (C) provides participants with the opportunity to develop citizenship values through service to their communities and the United States. (7) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (8) Young adult.--The term ``young adult'' means an individual between 16 and 25 years of age. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2005 through 2009. Passed the House of Representatives September 28, 2004. Attest: JEFF TRANDAHL, Clerk.

Healthy Forest Youth Conservation Corps Act of 2004 - Establishes A Healthy Forest Youth Conservation Corps to be composed of young adults (ages 16 to 25) enrolled as members of a service and conservation corps covered by a contract or cooperative agreement to work on projects to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief. Authorizes the Secretary of Agriculture and the Secretary of the Interior (the Secretaries) to enter into contracts or cooperative agreements directly with any service and conservation corps or State department of natural resources, agriculture, or forestry to carry out such projects. Directs the Secretaries to give priority to certain projects, including projects that will: (1) reduce hazardous fuels on public lands; (2) restore public land affected or threatened by disease or insect infestation; (3) rehabilitate public land affected or altered by fires; (4) assess windthrown public land or public land at a high risk of reburn; (5) address public land located near a municipal watershed and water supply; (6) provide emergency assistance; (7) instill a work ethic in corps members; (8) be labor-intensive; and (9) be planned and initiated promptly. Allows corps members under age 18 to perform certain activities as part of a rehabilitation and enhancement project under a contract or cooperative agreement. Authorizes appropriations for FY 2005 through FY 2009.

To establish a Healthy Forest Youth Conservation Corps to provide a means by which young adults can carry out rehabilitation and enhancement projects to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Credit and Debt Protection Act''. SEC. 2. FTC RULEMAKING RELATING TO CREDIT OR DEBT. (a) Expedited Rulemaking.--Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) is amended by adding at the end the following new subsection: ``(k) Notwithstanding any other procedures set forth in this section or section 22, for any rulemaking relating to consumer credit or debt, the Commission shall conduct such rulemaking in accordance with section 553 of title 5, United States Code, and the provisions for judicial review of rules promulgated in accordance such section shall apply to any rule promulgated in such a rulemaking.''. (b) Specific Rulemakings.-- (1) Debt settlement.-- (A) In general.--The Federal Trade Commission shall examine the practices of providers of debt settlement services and prescribe such rules as the Commission determines necessary (in accordance with section 553 of title 5, United States Code) in order to prevent unfair and deceptive acts or practices of providers of such services. The Commission shall consider adopting rules that-- (i) prohibit the charging of fees to consumers prior to any debt settlement service being fully rendered and limiting fees that may be charged after a settlement with a creditor is reached; and (ii) require disclosures before a contract is signed regarding the fee structure, expected time frames for a successful settlement, success rate of debtors in settling their debts, information about creditor participation in settlement plans, and the potential impact on a consumer's credit score. (B) Definition.--For purposes of subparagraph (A), the term ``debt settlement service'' means a commercial service provided to assist consumers in managing and repaying consumer debt, including the offering of advice or acting as an intermediary between a debtor and one or more of the debtor's creditors, where the primary purpose of the advice or action is to obtain a settlement for less than the full amount of debt owed. (2) Automobile sales.--The Federal Trade Commission shall examine the practices of automobile dealers with respect to credit and lending and shall prescribe such rules as the Commission determines necessary (in accordance with section 553 of title 5, United States Code) in order to prevent unfair and deceptive acts or practices of such dealers. The Commission shall consider adopting rules that-- (A) restrict post-sale changes in financing terms; (B) require that automobile purchase agreements or sales contracts entered into between a consumer and an automobile dealer include a provision which permits the consumer to cancel the transaction within a specified period following the sale or receipt of final information concerning the terms of the sale or financing; and (C) limit the ability of automobile dealers to accept or solicit compensation that is based on the interest rate, annual percentage rate, or the amount financed with respect to the sale of an automobile and that is either-- (i) for the provision, procurement, or arrangement of financing; or (ii) for the sale, assignment, or transfer of the installment sale contract. (c) Deadline for Rulemakings.--The Commission shall commence the rulemakings required under subsection (b) within 6 months after the date of enactment of this Act. SEC. 3. AUTHORITY TO OBTAIN CIVIL PENALTIES IN CONNECTION WITH UNFAIR AND DECEPTIVE ACTS OR PRACTICES RELATING TO CONSUMER CREDIT OR DEBT. Section 5(m)(1) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D), and in such subparagraph (as so redesignated), by striking ``subparagraphs (A) and (B)'' and inserting ``subparagraphs (A), (B), and (C)''; and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person, partnership, or corporation which engages in any unfair or deceptive acts or practices in connection with consumer credit or debt with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such an act is unfair or deceptive. In such action, such person, partnership, or corporation shall be liable for a civil penalty as provided in subparagraph (A).''. SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--Except as provided in subsection (f), a State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate State or district court of the United States to enforce the provisions of the Federal Trade Commission Act or any other Act enforced by the Federal Trade Commission to obtain penalties and relief provided under such Acts whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of a rule prescribed under section 2(b) or any other rule relating to consumer credit or debt promulgated by the Federal Trade Commission. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (c) Intervention by FTC.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; (2) remove the action to the appropriate United States district court; and (3) file petitions for appeal of a decision in such civil action. (d) Savings Clause.--Nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (e) Venue; Service of Process; Joinder.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which the lender or a related party operates or is authorized to do business; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with a lender or related party to an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Preemptive Action by FTC.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under subsection (a), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (g) Award of Costs and Fees.--If the attorney general of a State prevails in any civil action under subsection (a), the State can recover reasonable costs and attorney fees from the lender or related party.

Consumer Credit and Debt Protection Act - Amends the Federal Trade Commission Act to give the Federal Trade Commission (FTC) authority to expedite rulemakings concerning consumer credit or debt. Directs the FTC to examine the practices of providers of debt settlement services and prescribe rules necessary to prevent unfair and deceptive acts or practices by such providers. Directs the FTC to examine the practices of automobile dealers with respect to credit and lending and prescribe rules necessary to prevent unfair and deceptive dealer acts or practices. Gives the FTC authority to commence a civil action to recover a civil penalty in a U.S. district court against any person, partnership, or corporation which engages in any unfair or deceptive acts or practices in connection with consumer credit or debt with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive. Authorizes enforcement of this Act by state attorneys general.

To provide authority to the Federal Trade Commission to expedite rulemakings concerning consumer credit or debt and to direct the Commission to examine and promulgate rules with regard to debt settlement and automobile sales, and for other purposes.