FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Country-of-Origin Meat Labeling Act of 1999''. SEC. 2. COUNTRY-OF-ORIGIN LABELING OF MEAT AND MEAT FOOD PRODUCTS. (a) Labeling Required.--The Federal Meat Inspection Act is amended by inserting after section 7 (21 U.S.C. 607) the following new section: ``SEC. 7A. REQUIREMENTS RELATED TO COUNTRY-OF-ORIGIN LABELING. ``(a) Definitions.--In this section: ``(1) Livestock.--The term `livestock' means cattle, sheep, swine, goats, horses, mules, or other equines. ``(2) Domestic meat.--The term `domestic meat' means a carcass, part of a carcass, meat, or meat food product derived entirely from domestic livestock. ``(3) Domestic livestock.--The term `domestic livestock' means livestock that satisfy all of the following: ``(A) The animal is born in the United States. ``(B) The animal is raised throughout its entire life in the United States. ``(C) The animal is slaughtered and otherwise processed in the United States. ``(4) Imported meat.--The term `imported meat' means a carcass, part of a carcass, meat, or meat food product that does not satisfy the definition of domestic meat. ``(5) Imported livestock.--The term `imported livestock' means livestock that does not satisfy the definition of domestic livestock. ``(6) Ultimate purchaser.-- ``(A) In general.--The term `ultimate purchaser', with regard to a carcass, part of a carcass, meat, or meat food product, means-- ``(i) a person who buys the item for consumption; ``(ii) a public or private institution that serves the item for consumption; or ``(iii) a restaurant or other food service establishment that serves the item for consumption. ``(B) Exception.--Other than as provided in clauses (ii) and (iii) of subparagraph (A), the term does not include a person who buys a carcass, part of a carcass, meat, or meat food product for resale. ``(b) Country-of-Origin Label Required.-- ``(1) Purpose.--Country-of-origin labels are required under this section so that the ultimate purchasers of meat and meat food products in the United States are accurately informed of the country of origin of the livestock from which meat and meat food products are derived. ``(2) Initial use of livestock.--A packer or processor that uses livestock to produce a carcass, part of a carcass, meat, or meat food product that is offered for sale, sold, or resold within the United States, either in its original form or in a further processed form, shall affix a label to the carcass, part of a carcass, meat, or meat food product that identifies the country or countries in which the livestock were born, raised, and slaughtered from which the carcass, part of a carcass, meat, or meat food product was derived. ``(3) Use of domestic meat or imported meat.--A packer or processor that uses domestic meat or imported meat to produce a carcass, part of a carcass, meat, or meat food product that is offered for sale, sold, or resold within the United States, either in its original form or in a further processed form, shall affix a label to the carcass, part of a carcass, meat, or meat food product that identifies the country or countries in which the livestock were born, raised, and slaughtered from which the domestic meat or imported meat was derived. ``(c) Maintenance of Label.-- ``(1) In general.--A packer or processor referred to in subsection (b), and each subsequent re-seller of the carcass, part of a carcass, meat, or meat food product, shall be responsible for ensuring that the country-of-origin label is maintained throughout the chain of distribution until the carcass, carcass part, meat, or meat food product is sold to the ultimate purchaser. ``(2) Exceptions.--Institutions that serve meat or meat food products for consumption and restaurants and other food service establishments shall neither be required to, nor restricted from, notifying their customers of the country of origin of the meat or meat food products they serve. ``(d) Restriction on Use of United States Meat Label.--A carcass, part of a carcass, meat, or meat food product may not bear a label identifying the carcass, part of a carcass, meat, or meat food product as United States meat unless it consists entirely of domestic meat. ``(e) Treatment of Imported Meat and Imported Livestock.--In the case of imported meat, the country-of-origin label required by this section shall also identify the country or countries from which the livestock, carcass, part of a carcass, meat, or meat food product (as the case may be) was imported into the United States. In the case of live imported livestock imported into the United States for slaughter, whether fed for a time in the United States and slaughtered or imported only for slaughter, the country-of-origin label shall also identify the country or countries from which the livestock were imported into the United States. ``(f) Treatment of Blended Products.--In the case of a blended meat or meat food product, the country-of-origin label required by this section shall list the country or countries of origin of the livestock from which the blended meat or meat food product was derived, in descending order of predominance therein. ``(g) Label Description and Placement.--In the case of a carcass, part of a carcass, meat, or meat food product offered for sale to an ultimate purchaser, the country-of-origin label shall be placed on the carcass, part of the carcass, meat, or meat food product, or its immediate package or container, in such a location that the label is clearly visible to the ultimate purchaser. The country-of-origin lettering shall be of a size at least equal to other lettering contained on the carcass, meat, or meat food product, or its immediate package or container. ``(h) Relation to Inspection Stamp.--An inspection stamp required under section 7 shall not be a substitute for the country-of-origin label, and shall not be represented by anyone as proof or certification of the country of origin of the livestock from which a carcass, part of a carcass, meat, or meat food product is derived.''. (b) Inclusion of Country-of-Origin Requirements in Definition of Misbranded.--Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended-- (1) by striking ``or'' at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(13) if it fails to bear a country-of-origin label as required by section 7A.''. (c) Effective Date.--The amendments made by this section shall take effect 60 days after the date of enactment of this Act.

States that food-serving institutions and restaurants shall not be required to notify customers of the country-of origin of meat and meat food products served. Restricts the use of "U.S. meat" label to a carcass or part, meat, or meat food product, consisting entirely of domestic meat. Includes country-of-origin requirements in the definition of misbranded under such Act.

Country-of-Origin Meat Labeling Act of 1999

SECTION 1. DEFINITIONS. Section 9001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101) is amended-- (1) in paragraph (6)-- (A) in subparagraph (C), by striking ``or''; (B) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(E) renewable chemicals.''; (2) in paragraph (7), by striking subparagraph (A) and inserting the following: ``(A) converts renewable biomass into biofuels, renewable chemicals, or biobased products; and''; (3) in paragraph (11), by striking ``or compound'' and inserting ``, compound, or renewable chemical''; (4) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (5) by inserting after paragraph (12) the following: ``(13) Renewable chemical.--The term `renewable chemical' means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass.''. SEC. 2. BIOBASED MARKETS PROGRAM. (a) In General.--Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A)(i)-- (i) in subclause (I), by striking ``and'' at the end; (ii) in subclause (II)(bb), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(III) establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a certain number of biobased-only contracts when the procuring agency is purchasing products, or purchasing services that include the use of products, that are included in a biobased product category designated by the Secretary.''; and (B) in paragraph (3)-- (i) in subparagraph (B)-- (I) in clause (v)-- (aa) by inserting ``as determined to be necessary by the Secretary based on the availability of data,'' before ``provide information''; and (bb) by striking ``and'' at the end; (II) by redesignating clause (vi) as clause (vii); and (III) by inserting after clause (v) the following: ``(vi) require reporting of quantities and types of biobased products purchased by procuring agencies; and''; and (ii) by adding at the end the following: ``(F) Required designations.--Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall begin to designate intermediate ingredients or feedstocks and assembled and finished biobased products in the guidelines issued under this paragraph.''; (2) in subsection (b)-- (A) in paragraph (3)-- (i) by striking ``The Secretary'' and inserting the following: ``(A) In general.--The Secretary''; and (ii) by adding at the end the following: ``(B) Auditing and compliance.--The Secretary may carry out such auditing and compliance activities as the Secretary determines to be necessary to ensure compliance with subparagraph (A).''; and (B) by adding at the end the following: ``(4) Assembled and finished products.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall begin issuing criteria for determining which assembled and finished products may qualify to receive the label under paragraph (1).''; (3) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (4) by inserting after subsection (c) the following: ``(d) Outreach, Education, and Promotion.-- ``(1) In general.--The Secretary may engage in outreach, educational, and promotional activities intended to increase knowledge, awareness, and benefits of biobased products. ``(2) Authorized activities.--In carrying out this subsection, the Secretary, at a minimum, may-- ``(A) conduct consumer education and outreach (including consumer and awareness surveys); ``(B) conduct outreach to and support for State and local governments interested in implementing biobased purchasing programs; ``(C) partner with industry and nonprofit groups to produce educational and outreach materials and conduct educational and outreach events; ``(D) sponsor special conferences and events to bring together buyers and sellers of biobased products; and ``(E) support pilot and demonstration projects.''; and (5) in subsection (h) (as redesignated by paragraph (3))-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B)(ii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(C) the progress made by other Federal agencies in compliance with the biobased procurement requirements, including the quantity of purchases made; and ``(D) the status of outreach, educational, and promotional activities carried out by the Secretary under subsection (d), including the attainment of specific milestones and overall results.''; and (B) by adding at the end the following: ``(3) Economic impact study and report.-- ``(A) In general.--The Secretary shall conduct a study to assess the economic impact of the biobased products industry, including-- ``(i) the quantity of products sold; ``(ii) the value of the products; ``(iii) the quantity of jobs created; ``(iv) the quantity of petroleum displaced; ``(v) other environmental benefits; and ``(vi) areas in which the use or manufacturing of biobased products could be more effectively used, including identifying any technical and economic obstacles and recommending how those obstacles can be overcome. ``(B) Report.--Not later than 180 days after the date of enactment of this subparagraph, the Secretary shall submit to Congress a report containing the results of the study conducted under subparagraph (A).''. (b) Conforming Amendment.--Section 944(c)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16253(c)(2)(A)) is amended by striking ``section 9002(h)(1)'' and inserting ``section 9002(b)''. SEC. 3. BIOREFINERY, RENEWABLE CHEMICAL, AND BIOBASED PRODUCT MANUFACTURING ASSISTANCE. Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended-- (1) in the section heading, by inserting ``, renewable chemical, and biobased product manufacturing'' after ``biorefinery''; (2) in subsection (a), by inserting ``renewable chemicals, and biobased product manufacturing'' after ``advanced biofuels,''; and (3) in subsection (c)-- (A) in paragraph (2), by striking the period at the end and inserting ``; and''; and (B) by adding at the end the following: ``(3) grants and loan guarantees to fund the development and construction of renewable chemical and biobased product manufacturing facilities.''. SEC. 4. BIOMASS RESEARCH AND DEVELOPMENT. Section 9008(e) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108(e)) is amended-- (1) in paragraph (3)-- (A) in the matter preceding subparagraph (A), by striking ``3''; (B) by striking subparagraph (A); and (C) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (2) in paragraph (6)(A)(iv), by striking ``(A), (B), and (C)'' and inserting ``(A) and (B)''.

Amends the Farm Security and Rural Investment Act of 2002 to include facilities that convert renewable biomass into renewable chemicals in the definitions of "biomass conversion facility" and "biorefinery." Defines "renewable chemical" as a monomer, polymer, plastic, or formulated product produced from renewable biomass. Amends the biobased markets program to: (1) require federal procuring agencies to issue a certain number of biobased-only contracts; and (2) require the Secretary of Agriculture (USDA) to designate intermediate ingredients or feedstocks and assembled and finished biobased products in the program guidelines; (3) require the Secretary to issue criteria for determining which assembled and finished products may carry the USDA Certified Biobased Product label; (4) require the Secretary to assess the economic impact of the biobased products industry; (5) authorize the Secretary to carry out outreach, education, and promotion activities; and (6) authorize the Secretary to perform audits. Makes renewable chemicals and biobased product manufacturing eligible for grant and loan guarantee assistance. Eliminates feedstocks research, development, and demonstration activities from the Biomass Research and Development Initiative.

A bill to amend the Farm Security and Rural Investment Act of 2002 to promote biobased manufacturing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Flexibility Partnership Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) States differ substantially in demographics, in school governance, and in school finance and funding. The administrative and funding mechanisms that help schools in 1 State improve may not prove successful in other States. (2) Although the Elementary and Secondary Education Act of 1965 and other Federal education statutes afford flexibility to State and local educational agencies in implementing Federal programs, certain requirements of Federal education statutes or regulations may impede local efforts to reform and improve education. (3) By granting waivers of certain statutory and regulatory requirements, the Federal Government can remove impediments for local educational agencies in implementing educational reforms and raising the achievement levels of all children. (4) State educational agencies are closer to local school systems, implement statewide educational reforms with both Federal and State funds, and are responsible for maintaining accountability for local activities consistent with State standards and assessment systems. Therefore, State educational agencies are often in the best position to align waivers of Federal and State requirements with State and local initiatives. (5) The Education Flexibility Partnership Demonstration Act allows State educational agencies the flexibility to waive certain Federal requirements, along with related State requirements, but allows only 12 States to qualify for such waivers. (6) Expansion of waiver authority will allow for the waiver of statutory and regulatory requirements that impede implementation of State and local educational improvement plans, or that unnecessarily burden program administration, while maintaining the intent and purposes of affected programs, and maintaining such fundamental requirements as those relating to civil rights, educational equity, and accountability. (7) To achieve the State goals for the education of children in the State, the focus must be on results in raising the achievement of all students, not process. SEC. 3. DEFINITIONS. In this Act: (1) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meaning given such terms in section 14101 of the Elementary and Secondary Education Act of 1965. (2) Outlying areas.--The term ``outlying areas'' means Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. (a) Education Flexibility Program.-- (1) Program authorized.-- (A) In general.--The Secretary may carry out an education flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to 1 or more programs or Acts described in subsection (b), other than requirements described in subsection (c), for the State educational agency or any local educational agency or school within the State. (B) Designation.--Each eligible State participating in the program described in subparagraph (A) shall be known as an ``Ed-Flex Partnership State''. (2) Eligible state.--For the purpose of this subsection the term ``eligible State'' means a State that-- (A)(i) has-- (I) developed and implemented the challenging State content standards, challenging State student performance standards, and aligned assessments described in section 1111(b) of the Elementary and Secondary Education Act of 1965, including the requirements of that section relating to disaggregation of data, and for which local educational agencies in the State are producing the individual school performance profiles required by section 1116(a) of such Act; or (II) made substantial progress, as determined by the Secretary, toward developing and implementing the standards and assessments, and toward having local educational agencies in the State produce the profiles, described in subclause (I); and (ii) holds local educational agencies and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (4), and for taking corrective actions, consistent with section 1116 of the Elementary and Secondary Education Act of 1965, for the local educational agencies that do not meet the goals; and (B) waives State statutory or regulatory requirements relating to education while holding local educational agencies or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers. (3) State application.-- (A) In general.--Each State educational agency desiring to participate in the education flexibility program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall demonstrate that the eligible State has adopted an educational flexibility plan for the State that includes-- (i) a description of the process the State educational agency will use to evaluate applications from local educational agencies or schools requesting waivers of-- (I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and (II) State statutory or regulatory requirements relating to education; and (ii) a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive. (B) Approval and considerations.--The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies and schools within such State in carrying out comprehensive educational reform, after considering-- (i) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A); (ii) the ability of such plan to ensure accountability for the activities and goals described in such plan; (iii) the significance of the State statutory or regulatory requirements relating to education that will be waived; and (iv) the quality of the State educational agency's process for approving applications for waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and for monitoring and evaluating the results of such waivers. (4) Local application.-- (A) In general.--Each local educational agency or school requesting a waiver of a Federal statutory or regulatory requirement as described in paragraph (1)(A) and any relevant State statutory or regulatory requirement from a State educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. Each such application shall-- (i) indicate each Federal program affected and the statutory or regulatory requirement that will be waived; (ii) describe the purposes and overall expected results of waiving each such requirement; (iii) describe for each school year specific, measurable, educational goals for each local educational agency or school affected by the proposed waiver; and (iv) explain why the waiver will assist the local educational agency or school in reaching such goals. (B) Evaluation of applications.--A State educational agency shall evaluate an application submitted under subparagraph (A) in accordance with the State's educational flexibility plan described in paragraph (3)(A). (C) Approval.--A State educational agency shall not approve an application for a waiver under this paragraph unless-- (i) the local educational agency or school requesting such waiver has developed a local reform plan that is applicable to such agency or school, respectively; and (ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency or school in reaching its educational goals. (5) Monitoring.--Each State educational agency participating in the program under this section shall annually monitor the activities of local educational agencies and schools receiving waivers under this section and shall submit an annual report regarding such monitoring to the Secretary. (6) Duration of federal waivers.-- (A) In general.--The Secretary shall not approve the application of a State educational agency under paragraph (3) for a period exceeding 5 years, except that the Secretary may extend such period if the Secretary determines that such agency's authority to grant waivers has been effective in enabling such State or affected local educational agencies or schools to carry out their local reform plans. (B) Performance review.--The Secretary shall periodically review the performance of any State educational agency granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and shall terminate such agency's authority to grant such waivers if the Secretary determines, after notice and opportunity for hearing, that such agency's performance has been inadequate to justify continuation of such authority. (7) Authority to issue waivers.--Notwithstanding any other provision of law, the Secretary is authorized to carry out the education flexibility program under this subsection for each of the fiscal years 2000 through 2004. (b) Included Programs.--The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements under the following programs or Acts: (1) Title I of the Elementary and Secondary Education Act of 1965. (2) Part A of title II of the Elementary and Secondary Education Act of 1965. (3) Subpart 2 of part A of title III of the Elementary and Secondary Education Act of 1965 (other than section 3136 of such Act). (4) Title IV of the Elementary and Secondary Education Act of 1965. (5) Title VI of the Elementary and Secondary Education Act of 1965. (6) Part C of title VII of the Elementary and Secondary Education Act of 1965. (7) The Carl D. Perkins Vocational and Technical Education Act of 1998. (c) Waivers Not Authorized.--The Secretary may not waive any statutory or regulatory requirement of the programs or Acts authorized to be waived under subsection (a)(1)(A)-- (1) relating to-- (A) maintenance of effort; (B) comparability of services; (C) the equitable participation of students and professional staff in private schools; (D) parental participation and involvement; (E) the distribution of funds to States or to local educational agencies; (F) use of Federal funds to supplement, not supplant, non-Federal funds; and (G) applicable civil rights requirements; and (2) unless the underlying purposes of the statutory requirements of each program or Act for which a waiver is granted continue to be met to the satisfaction of the Secretary. (d) Construction.--Nothing in this Act shall be construed to affect the authority of a State educational agency that has been granted waiver authority under the following provisions of law: (1) Section 311(e) of the Goals 2000: Educate America Act. (2) The proviso referring to such section 311(e) under the heading ``education reform'' in the Department of Education Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321- 229). (e) Accountability.--In deciding whether to extend a request for a State educational agency's authority to issue waivers under this section, the Secretary shall review the progress of the State education agency, local educational agency, or school affected by such waiver or authority to determine if such agency or school has made progress toward achieving the desired results described in the application submitted pursuant to subsection (e)(4)(A)(ii). (f) Publication.--A notice of the Secretary's decision to authorize State educational agencies to issue waivers under this section shall be published in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, other interested parties, and the public.

Education Flexibility Partnership Act of 1999 - Authorizes the Secretary of Education to allow all States to participate in the Education Flexibility Partnership (Ed-Flex Partnership) program. (Sec. 4) Requires Ed-Flex Partnership States to: (1) have approved challenging content standards, challenging performance measures, and aligned assessments in place or have made substantial progress towards having an approved plan under title I of the Elementary and Secondary Education Act of 1965 (ESEA); (2) hold local educational agencies (LEAs) accountable for meeting the educational goals submitted in their local applications for waivers, and for taking corrective actions if they have not met such goals; and (3) waive State educational requirements while holding LEAs or schools affected by such waivers accountable for student performance. Sets forth requirements for: (1) State educational agency (SEA) applications and approval by the Secretary; and (2) local applications and approval and monitoring by SEAs. Limits Federal waivers to five years, unless the Secretary extends such period upon determining that such waiver authority has been effective in enabling such SEAs or affected LEAs or schools to carry out local reform plans. Authorizes the Secretary to carry out the Ed-Flex Partnership program for FY 2000 through 2004. Includes as statutory or regulatory requirements that may be waived under this Act those of programs under the Carl D. Perkins Vocational and Technical Education Act of 1998, and of the following programs under ESEA: (1) title I Helping Disadvantaged Children Meet High Standards; (2) part A Federal Activities under the title II Dwight D. Eisenhower Professional Development Program; (3) subpart 2 State and Local Programs for School Technology Resources (with specified exceptions), under part A Technology Education for All Students, of title III Technology for Education; (4) title IV Safe and Drug-Free Schools and Communities; (5) title VI Innovative Education Program Strategies; and (6) the part C Emergency Immigrant Education Program under title VII Bilingual Education, Language Enhancement, and Language Acquisition Programs. Prohibits waivers for specified types of requirements. Provides that this Act shall not affect the authority of any SEA under the Ed-Flex Demonstration program of the Goals 2000: Educate America Act. Sets forth accountability requirements. Requires the Secretary, in deciding whether to extend the authority of an SEA to issue waivers, to review the progress of the SEA, LEA, or school affected by the waiver or authority toward the desired results described in its application.

Education Flexibility Partnership Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Supply and Distribution Act of 2015''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to adopt certain recommendations of the Quadrennial Energy Review of 2015; (2) to enhance the integration of energy markets; (3) to improve the collection of energy data and analysis; and (4) to promote the production and distribution of energy in the United States. SEC. 3. DEFINITIONS. In this Act: (a) Administrator.--The term ``Administrator'' means the Administrator of the Energy Information Administration. (b) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. SENSE OF CONGRESS RELATING TO DOMESTIC ENERGY. It is the sense of Congress that the production and distribution of energy in the United States requires access to infrastructure and markets. SEC. 5. ENERGY SECURITY. (a) In General.--The Secretary-- (1) shall collaborate with the heads of other Federal agencies to improve the conceptual development of energy security; and (2) may consult with allies and key trading partners of the United States with respect to energy security issues resulting from changes in the energy marketplace. (b) Considerations.--At a minimum, the Secretary shall ensure that, as part of the collaboration required under subsection (a)(1), the following are considered: (1) The development of flexible, transparent, and competitive energy markets, including natural gas and oil markets (2) The diversification of energy fuels, sources, and routes. (3) The encouragement of indigenous sources of energy supply. SEC. 6. SHARED INFRASTRUCTURE. The Secretary shall lead an interagency effort to improve and coordinate data collection and analytical and modeling capabilities for energy distribution on shared energy infrastructure. SEC. 7. ENERGY MARKET INTEGRATION. The Secretary shall coordinate the training of, and enhanced dialogue among, technical staff in applicable Federal agencies that are responsible for evaluating and implementing cross-border energy projects. SEC. 8. SENSE OF CONGRESS RELATING TO HYDROCARBON PRODUCTION. It is the sense of Congress that, as stated in the Annual Energy Outlook of 2015 of the Energy Information Administration, growth in crude oil and dry natural gas production varies significantly across oil and natural gas supply regions-- (1) forcing shifts in crude oil and natural gas flows between regions of the United States; and (2) requiring investment in or realignment of pipelines and other midstream infrastructure. SEC. 9. ENERGY DATA COLLABORATION. (a) In General.--The Administrator shall collaborate with the appropriate officials in Canada and Mexico, as determined by the Administrator, to improve-- (1) the quality and transparency of North American energy data through reconciliation of data on energy trade flows among the United States, Canada, and Mexico; (2) the extension of energy mapping capabilities in the United States, Canada, and Mexico; and (3) the development of common energy data terminology among the United States, Canada, and Mexico. (b) Periodic Updates.--The Administrator shall periodically inform the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding-- (1) the extent to which energy data is being shared under subsection (a); and (2) whether forward-looking projections for regional energy flows are improving in accuracy as a result of the energy data sharing under that subsection. SEC. 10. SENSE OF CONGRESS RELATING TO PROCESSED CONDENSATE. It is the sense of Congress that processed condensate is a petroleum product. SEC. 11. DEVELOPMENT OF DEFINITION OF CONDENSATE. (a) In General.--The Secretary shall-- (1) develop a standard definition of the term ``condensate''; and (2) advise relevant Federal agencies to adopt that definition for the purpose of clarifying energy policy in the United States. (b) Office of Fossil Energy Assessment.--The Assistant Secretary for Fossil Energy may assess the suitability of condensate separately from crude oil for use in strategic reserves, as determined necessary by the Secretary. (c) Energy Information Administration Data Collection.--The Administrator may collect data regarding condensate and crude oil production in the United States. SEC. 12. DEPARTMENT OF INTERIOR ASSESSMENTS. (a) In General.--The Secretary of the Interior shall direct the appropriate agencies within the Department of the Interior to assess condensate separately from crude oil, in accordance with this section. (b) Office of Natural Resources Revenue.--The Director of the Office of Natural Resources Revenue may collect data regarding condensate separately from crude oil produced in the United States. (c) Bureau of Ocean Energy Management.--The Director of the Bureau of Ocean Energy Management may estimate condensate separately from crude oil as part of the resource assessments regarding geological formations in the United States. (d) United States Geological Survey.--The Director of the United States Geological Survey may include estimates of condensate separately from crude oil as part of the resource assessments regarding geological formations in the United States. SEC. 13. ACCESS TO MARKETS. (a) In General.--Notwithstanding any other provision of law, to promote the efficient exploration, production, storage, supply, and distribution of energy resources, any domestic crude oil or condensate (other than crude oil stored in the Strategic Petroleum Reserve) may be exported without a Federal license to countries not subject to sanctions by the United States. (b) Savings Clause.--Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), or part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.) to prohibit exports.

Energy Supply and Distribution Act of 2015 This bill declares that the production and distribution of energy in the United States requires access to infrastructure and markets. The Department of Energy (DOE) must collaborate with federal agencies to improve the conceptual development of energy security, considering at a minimum: (1) development of flexible, transparent, and competitive energy markets, including natural gas and oil; and (2) diversification of energy fuels, sources, and routes, and the encouragement of indigenous sources of energy supply. DOE must also coordinate interagency: (1) data collection for energy distribution on shared energy infrastructure, and (2) training to evaluate and implement cross-border energy projects. It is the sense of Congress that growth in crude oil and dry natural gas production varies significantly across oil and natural gas supply regions, thereby: (1) forcing shifts in crude oil and natural gas flows between regions of the United States, and (2) requiring investment or realignment of midstream infrastructure including pipelines. The Energy Information Administration must collaborate with officials in Canada and Mexico to reconcile data on energy trade flows, extend energy mapping capabilities, and develop common energy data terminology. Congress declares that processed condensate is a petroleum product. The DOE Office of Fossil Energy Assessment may assess the suitability of condensate separately from crude oil for use in strategic reserves, while certain agencies within the Department of the Interior must assess condensate separately from crude oil. The bill authorizes: (1) the Bureau of Ocean Energy Management to estimate condensate separately from crude oil as part of the resource assessments regarding domestic geological formations, (2) the Office of Natural Resources Revenue to collect condensate data separately from crude oil, and (3) the United States Geological Survey to include estimates of condensate separately from crude oil as part of the resource assessments regarding domestic geological formations. Domestic crude oil or condensate (except crude oil stored in the Strategic Petroleum Reserve) may be exported without a federal license to countries not subject to U.S. sanctions.

Energy Supply and Distribution Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Employee Arbitration Bill of Rights''. SEC. 2. ELECTION OF ARBITRATION. (a) Consumer and Employment Contracts.--Chapter 1 of title 9, United States Code, is amended by adding at the end the following: ``Sec. 17. Consumer and employment contracts ``(a) Definitions.--In this section-- ``(1) the term `consumer contract' means any written, standardized form contract between the parties to a consumer transaction; ``(2) the term `consumer transaction' means the sale or rental of goods, services, or real property, including an extension of credit or the provision of any other financial product or service, to an individual in a transaction entered into primarily for personal, family, or household purposes; and ``(3) the term `employment contract'-- ``(A) means a uniform, employer promulgated plan that covers all employees in a company, facility, or work grade, and that may cover legally protected rights or statutory rights; and ``(B) does not include any individually negotiated executive employment agreements. ``(b) Fair Disclosure.--In order to be binding on the parties to a consumer contract or an employment contract, an arbitration clause in such contract shall-- ``(1) have a printed heading in bold, capital letters entitled `arbitration clause', which heading shall be printed in letters not smaller than \1/2\ inch in height; ``(2) explicitly state whether participation within the arbitration program is mandatory or optional; ``(3) identify a source that a consumer can contact for additional information on costs and fees and on all forms and procedures necessary for effective participation in the arbitration program; and ``(4) provide notice that all parties retain the right to resolve a dispute in a small claims court, if such dispute falls within the jurisdiction of that court and the claim is for less than $50,000 in total damages. ``(c) Procedural Rights.--If a consumer contract or employment contract provides for the use of arbitration to resolve a dispute arising out of or relating to the contract, each party to the contract shall be afforded the following rights, in addition to any rights provided by the contract: ``(1) Competence and neutrality of arbitrator and administrative process.-- ``(A) In general.--Each party to the dispute (referred to in this section as a `party') shall be entitled to a competent, neutral arbitrator and an independent, neutral administration of the dispute. ``(B) Arbitrator.--Each party shall have an equal voice in the selection of the arbitrator, who-- ``(i) shall comply with the Code of Ethics for Arbitrators in Commercial Disputes of the American Arbitration Association and the State bar association of which the arbitrator is a member; ``(ii) shall have no personal or financial interest in the results of the proceedings in which the arbitrator is appointed and shall have no relation to the underlying dispute or to the parties or their counsel that may create an appearance of bias; and ``(iii) prior to accepting appointment, shall disclose all information that might be relevant to neutrality, including service as an arbitrator or mediator in any past or pending case involving any of the parties or their representatives, or that may prevent a prompt hearing. ``(C) Administration.--The arbitration shall be administered by an independent, neutral alternative dispute resolution organization to ensure fairness and neutrality and prevent ex parte communication between parties and the arbitrator. ``(2) Applicable law.--In resolving a dispute, the arbitrator-- ``(A) shall be governed by the same substantive law that would apply under conflict of laws principles applicable in a court of the forum in which the consumer or employee resided at the time the contract was entered into; and ``(B) shall be empowered to grant whatever relief would be available in court under law or equity. ``(3) Representation.--Each party shall have the right to be represented by an attorney, or other representative as permitted by State law, at the expense of that party. ``(4) Hearing.-- ``(A) In general.--Each party shall be entitled to a fair arbitration hearing (referred to in this section as a `hearing') with adequate notice and an opportunity to be heard. ``(B) Electronic or telephonic means.--Subject to subparagraph (C), in order to reduce cost, the arbitrator may hold a hearing by electronic or telephonic means or by a submission of documents. ``(C) Face-to-face meeting.--Each party shall have the right to require a face-to-face hearing, which hearing shall be held at a location that is reasonably convenient for the party who is the consumer or employee, unless in the interest of fairness the arbitrator determines otherwise, in which case the arbitrator shall use the process described in section 1391 of title 28 to determine the venue for the hearing. ``(5) Evidence.--With respect to any hearing-- ``(A) each party shall have the right to present evidence at the hearing and, for this purpose, each party shall grant access to all information reasonably relevant to the dispute to the other parties, subject to any applicable privilege or other limitation on discovery under applicable State law; ``(B) consistent with the expedited nature of arbitration, relevant and necessary prehearing depositions shall be available to each party at the direction of the arbitrator; and ``(C) the arbitrator shall-- ``(i) make reasonable efforts to maintain the privacy of the hearing to the extent permitted by applicable State law; and ``(ii) consider appropriate claims of privilege and confidentiality in addressing evidentiary issues. ``(6) Cross examination.--Each party shall have the right to cross examine witnesses presented by the other parties at a hearing. ``(7) Record of proceeding.--Any party seeking a stenographic record of a hearing shall make arrangements directly with a stenographer and shall notify the other parties of these arrangements not less than 3 days in advance of the hearing. The requesting party or parties shall pay the costs of obtaining the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the official record of the proceeding, it shall be provided to the arbitrator and made available to the other parties for inspection, at a date, time, and place determined by the arbitrator. ``(8) Timely resolution.--Upon submission of a complaint by the claimant, the respondent shall have 30 days to file an answer. Thereafter, the arbitrator shall direct each party to file documents and to provide evidence in a timely manner so that the hearing may be held not later than 90 days after the filing of the answer. In extraordinary circumstances, the arbitrator may grant a limited extension of these time limits to a party, or the parties may agree to an extension. The arbitrator shall file a decision with each party not later than 30 days after the hearing. ``(9) Written decision.--The arbitrator shall provide each party with a written explanation of the factual and legal basis for the decision. This written decision shall describe the application of an identified contract term, statute, or legal precedent. The decision of the arbitrator shall be final and binding, subject only to the review provisions in subsection (d). ``(10) Expenses.--The arbitrator or independent arbitration administration organization, as applicable, shall have the authority to-- ``(A) provide for reimbursement of arbitration fees to the claimant, in whole or in part, as part of the remedy in accordance with applicable law or in the interests of justice; and ``(B) waive, defer, or reduce any fee or charge due from the claimant in the event of extreme hardship. ``(11) Small claims opt out.--Each party shall have the right to opt out of binding arbitration and into the small claims court for the forum, if such court has jurisdiction over the claim. For purposes of this paragraph, no court with jurisdiction to hear claims in excess of $50,000 shall be considered to be a small claims court. ``(d) Denial of Rights.-- ``(1) Denial of rights by party misconduct.-- ``(A) In general.--At any time during an arbitration involving a consumer contract or employment contract, any party may file a motion with the arbitrator asserting that the other party has deprived the movant of 1 or more rights granted by this section and seeking relief. ``(B) Award by arbitrator.--If the arbitrator determines that the movant has been deprived of a right granted by this section by the other party, the arbitrator shall award the movant a monetary amount, which shall not exceed the reasonable expenses incurred by the movant in filing the motion, including attorneys' fees, unless the arbitrator finds that-- ``(i) the motion was filed without the movant's first making a good faith effort to obtain discovery or the realization of another right granted by this section; ``(ii) the opposing party's nondisclosure, failure to respond, response, or objection was substantially justified; or ``(iii) the circumstances otherwise make an award of expenses unjust. ``(2) Denial of rights by arbitrator.--A losing party in an arbitration may file a petition in the district court of the United States in the forum in which the consumer or employee resided at the time the contract was entered into to assert that the arbitrator violated 1 or more of the rights granted to the party by this section and to seek relief. In order to grant the petition, the court must find clear and convincing evidence that 1 or more actions or omissions of the arbitrator resulted in a deprivation of a right of the petitioner under this section that was not harmless. If such a finding is made, the court shall order a rehearing before a new arbitrator selected in the same manner as the original arbitrator as the exclusive judicial remedy provided by this section.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 1 of title 9, United States Code, is amended by adding at the end the following: ``17. Consumer and employment contracts.''. (c) Effective Date.--The amendments made by this section shall apply to any consumer contract or employment contract entered into after the date that is 6 months after the date of enactment of this Act. SEC. 3. LIMITATION ON CLAIMS. Except as otherwise expressly provided in this Act, nothing in this Act may be construed to be the basis for any claim in law or equity.

Entitles each party under arbitration to: (1) competence and neutrality of the arbitrator and the administrative process; (2) representation by an attorney and a fair arbitration hearing; (3) the right to present evidence, cross examine witnesses, and obtain a record of the proceedings; and (4) timely resolution, with a written explanation.

Consumer and Employee Arbitration Bill of Rights

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Credit Scores Act of 2017''. SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end and inserting a period; (B) by striking ``except that--'' and all that follows through ``(A) if the'' and inserting ``except that if the''; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: ``(7) If the consumer reporting agency is a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis as described in section 603(p), each such agency shall disclose a current credit score generated using the scoring algorithm, formula, model, program, or mechanism that is most frequently used to generate credit scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer's file at the time of the request concerning credit scores or any other risk scores or other predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information describing the credit score of the consumer with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers.''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``, a consumer reporting agency'' and all that follows through ``shall include--'' and inserting ``or a risk score, a consumer reporting agency shall supply to the consumer--''; and (ii) by amending subparagraph (A) to read as follows: ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Risk score.--The term `risk score' means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance.''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or other predictors relating to the consumer for a period of not less than 1 year beginning on the date on which such information is generated.''; (D) by striking paragraph (7) and redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (E) in paragraph (7) (as so redesignated), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. (b) Inclusion in Free Reports.--Section 612(g) of the Fair Credit Reporting Act (15 U.S.C. 1681j(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (B) by inserting ``and free credit scores'' after ``free credit reports''; and (2) in paragraph (2), by inserting ``or free credit score, as applicable,'' after ``free credit report''. (c) Technical Corrections.--The Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended-- (1) in section 603 (15 U.S.C. 1681a)-- (A) in subsection (d)(2)(D), by striking ``(x)'' and inserting ``(y)''; (B) in subsection (q)(5), by striking ``103(i)'' and inserting ``103(j)''; and (C) in subsection (v), by striking ``Bureau'' and inserting ``Federal Trade Commission''; (2) in section 604 (15 U.S.C. 1681b)-- (A) in subsection (b)-- (i) in paragraph (2)(B)(i), by striking ``section 615(a)(3)'' and inserting ``section 615(a)(4)''; (ii) in paragraph (3)(B)(ii), by striking ``clause (B)(i)(IV)'' and inserting ``clause (i)(IV)''; (iii) in paragraph (4)(A)(ii), by inserting ``and'' after the semicolon; and (iv) by striking ``section 609(c)(3)'' each place that term appears and inserting ``section 609(c)''; and (B) in subsection (g)(5), by striking ``paragraph (2).--'' and all that follows through ``The Bureau'' and inserting ``paragraph (2).--The Bureau''; (3) in section 605 (15 U.S.C. 1681c)-- (A) in subsection (f), by striking ``who'' and inserting ``which''; and (B) in subsection (h)(2)(A)-- (i) by striking ``shall,,'' and inserting ``shall,''; and (ii) by striking ``Commission,,'' and inserting ``Commission,''; (4) in section 605A(h)(1)(A) (15 U.S.C. 1681c-1(h)(1)(A)), by striking ``103(i)'' and inserting ``103(j)''; (5) in section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking ``section 604(b)(4)(E)(i)'' and inserting ``section 604(b)(4)(D)(i)''; (6) in section 609 (15 U.S.C. 1681g)-- (A) in subsection (a)(3)(C)(i), by striking ``section 604(b)(4)(E)(i)'' and inserting ``section 604(b)(4)(D)(i)''; (B) in subsection (c)(1)-- (i) in the paragraph heading, by striking ``Commission'' and inserting ``Bureau''; and (ii) in subparagraph (B)(vi), by striking ``603(w)'' and inserting ``603(x)''; (C) in subsection (e)(2)(B)(ii)(II), by striking ``an''; and (D) by striking ``The Commission'' each place that term appears and inserting ``The Bureau''; (7) in section 610 (15 U.S.C. 1681h)-- (A) in subsection (b)(1), by inserting ``section'' after ``under''; and (B) in subsection (e), by inserting a comma after ``on the report''; (8) in section 611 (15 U.S.C. 1681i), by striking ``The Commission'' each place that term appears and inserting ``The Bureau''; (9) in section 612 (15 U.S.C. 1681j)-- (A) in subsection (a)(1)-- (i) in subparagraph (A), by striking ``(w)'' and inserting ``(x)''; and (ii) in subparagraph (C), by striking ``603(w)'' each place that term appears and inserting ``603(x)''; (B) in subsection (g)(2), by striking ``televison'' and inserting ``television''; and (C) by striking ``The Commission'' each place that term appears and inserting ``The Bureau''; and (10) in section 621 (15 U.S.C. 1681s)-- (A) in subsection (a)(1), in the first sentence, by striking ``, subsection (b)''; (B) in subsection (e)(2), by inserting a period after ``provisions of this title''; and (C) in subsection (f)(2), by striking ``The Commission'' and inserting ``The Bureau''.

Fair Access to Credit Scores Act of 2017 This bill amends the Fair Credit Reporting Act to require certain consumer reporting agencies to disclose, upon request, as part of a consumer's free annual disclosure: (1) the consumer's current credit score, (2) any other information in the consumer's file regarding risk scores or predictors, and (3) any other consumer information the Consumer Financial Protection Bureau considers appropriate with respect to consumer financial education. Consumer reporting agencies shall maintain such scores or predictors in a consumer's file for at least one year after the data is generated.

Fair Access to Credit Scores Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Depreciation, Modernization, and Simplification Act of 2005''. SEC. 2. AUTHORITY TO MODIFY CLASS LIVES. (a) In General.--Paragraph (1) of section 168(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Class life.-- ``(A) In general.--Except as provided in this section, the term `class life' means the class life (if any) which would be applicable with respect to any property as of January 1, 1986, under subsection (m) of section 167, as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990 (determined without regard to paragraph (4) thereof and as if the taxpayer had made an election under such subsection). ``(B) Secretarial authority.-- ``(i) In general.--Except as provided in clause (ii), the Secretary, after consultation with Congress, may prescribe by regulation-- ``(I) a new class life for any property, or ``(II) a class life for any property which does not have a class life within the meaning of subparagraph (A). ``(ii) Exceptions.--Clause (i) shall not apply to-- ``(I) residential rental property or nonresidential real property, or ``(II) property for which a class life, classification, or recovery period is assigned under subsection (e)(3) (other than subparagraph (C)(v) thereof) or subparagraph (B), (C), or (D) of subsection (g)(3). ``(iii) Standards.--Any class life prescribed or modified under clause (i) shall reasonably reflect the anticipated useful life and the anticipated decline in value over time of the property to the industry or other group, and shall take into account when the property is technologically or functionally obsolete for the original purpose under which it was acquired. ``(iv) Consultation.--Not later than 60 days before the date on which the Secretary publishes any proposed regulation under clause (i), the Secretary shall submit to Congress the proposed regulation together with a report containing the information considered by the Secretary in modifying or prescribing any class life under the regulation. ``(v) Monitoring.--The Secretary, through an office established in the Treasury, shall monitor and analyze actual experience with respect to depreciable assets to which this subparagraph applies. ``(C) Effect of modification.--Any class life with respect to any property prescribed or modified under subparagraph (B) shall be used in classifying such property under subsection (e) and in applying subsection (g).''. (b) Application of Congressional Review Act.--For purposes of applying chapter 8 of title 5, United States Code, to any regulation prescribed under section 168(i)(1)(B) of the Internal Revenue Code of 1986, each class life prescribed under such section shall be considered to be a separate rule. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. ELIMINATION OF MID-QUARTER CONVENTION. (a) In General.--Subsection (d) of section 168 of the Internal Revenue Code of 1986 is amended-- (1) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3), and (2) in paragraph (3), as redesignated by paragraph (1), by striking subparagraph (C). (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. MASS ASSET ACCOUNTING. (a) In General.--Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Mass Asset Accounting.-- ``(1) Election.-- ``(A) In general.--In lieu of the deduction otherwise allowed under this section with respect to an item of qualified property, the taxpayer may elect to add the adjusted basis of such property to the mass asset account of the taxpayer to which such qualified property is assigned and to determine the deduction under this section using the applicable depreciation method with respect to such mass asset account. ``(B) Election to apply to all assets of the taxpayer with same recovery period.--An election made under subparagraph (A) shall be made in such manner as the Secretary may by regulations prescribe and shall apply to all qualified property of the taxpayer which has the same applicable recovery period for such taxable year and all subsequent taxable years. ``(C) Election irrevocable.--Any election made under this paragraph shall be irrevocable except with the consent of the Secretary. The Secretary shall prescribe rules for the proper accounting of assets in a mass asset account in the case of any such revocation. ``(2) Special rules.-- ``(A) Modification of depreciation method.--In applying the applicable depreciation method to any mass asset account, subsection (b) shall be applied without regard to paragraph (1)(B) thereof. ``(B) Adjustment to reflect half-year convention.-- In applying the deduction allowable under subsection (a) to any mass asset account, the amount of the deduction under subsection (a) shall be-- ``(i) 100 percent of the deduction otherwise allowed under this section in the case of qualified property placed in service before the beginning of the taxable year, and ``(ii) 50 percent of the deduction otherwise allowed under this section with respect to qualified property placed in service during the taxable year. ``(C) Sale of qualified property.-- ``(i) In general.--In the case of the sale of any property the adjusted basis of which has been added to a mass asset account, the balance of the mass asset account to which such property was assigned shall be reduced (but not below zero) by the amount of the proceeds from such sale. ``(ii) Recognition of gain.--If the proceeds from the sale of any property the adjusted basis of which has been added to a mass asset account exceed the balance of such mass asset account, then the excess shall be treated as ordinary income. ``(3) Qualified property.-- ``(A) In general.--For purposes of this subsection, the term `qualified property' means any tangible property-- ``(i) to which an applicable depreciation method under paragraph (1) or (2) of subsection (b) applies, and ``(ii) the cost of which is not more than $10,000. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2006, the $10,000 amount under subparagraph (A)(ii) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2005' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under the clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(4) Mass asset account.--The term `mass asset account' means an account of the taxpayer which reflects the adjusted basis of all qualified property to which the same applicable depreciation method and applicable recovery period applies.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 5. PERMANENT EXTENSION OF EXPENSING FOR SMALL BUSINESSES. (a) Dollar Limitation.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 is amended by striking ``$25,000 ($100,000 in the case of taxable years beginning after 2002 and before 2008)'' and inserting ``$100,000''. (b) Reduction in Limitation.--Paragraph (2) of section 179(b) of such Code is amended by striking ``$200,000 ($400,000 in the case of taxable years beginning after 2002 and before 2008)'' and inserting ``$400,000''. (c) Inflation Adjustments.--Subparagraph (A) of section 179(b)(5) of such Code is amended by striking ``and before 2008''. (d) Election.--Paragraph (2) of section 179(c) of such Code is amended by striking ``and before 2008''. (e) Computer Software.--Clause (ii) of section 179(d)(1)(A) is amended by striking ``and before 2008''.

Tax Depreciation, Modernization, and Simplification Act of 2005 - Amends the Internal Revenue Code to: (1) authorize the Secretary of the Treasury to modify or create new class lives for depreciable business assets that reasonably reflect anticipated useful life and decline in value; (2) eliminate the mid-quarter accounting convention for determining depreciation; (3) allow an election to consolidate, in a mass asset account, the accounting of depreciable properties that each cost less than $10,000; and (4) extend permanently the $100,000 expensing allowance for depreciable business assets.

A bill to amend the Internal Revenue Code of 1986 to improve the deduction for depreciation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Workers From Imminent Dangers Act of 2009''. SEC. 2. STREAMLINED PROCEDURES TO COUNTERACT IMMINENT DANGERS. (a) Procedures.--Section 13 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 662) is amended-- (1) by striking subsections (a), (b), and (c) and inserting the following: ``(a)(1) If the Secretary determines, on the basis of an inspection or investigation under this Act, that a condition or practice in a place of employment is such that an imminent danger to safety or health exists that could reasonably be expected to cause death or serious physical harm or permanent impairment of the health or functional capacity of employees if not corrected immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act, the Secretary shall inform the employer and the affected employees and their representative of such imminent danger and shall request that the condition or practice be corrected immediately or that employees be immediately removed from exposure to such danger. ``(2) The Secretary shall not prevent the entry or continued activity of employees whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. ``(3) If the employer refuses to comply with the request under paragraph (1), the Secretary shall immediately issue an order requiring the employer to cause all persons, except those employees referred to in paragraph (2), to be withdrawn from, and to be prohibited from entering, such area until an authorized representative of the Secretary determines that such imminent danger and the conditions or practices which caused such imminent danger no longer exist. The issuance of an order under this subsection shall not preclude the issuance of a citation under section 9 or the proposing of a penalty under section 17. The fact that an order under paragraph (3) has been issued shall be noted in any citation issued pursuant to section 9 with respect to the hazard involved. ``(4) Each finding made and order issued under this section shall be given promptly to the employer by the person making such finding or order. All such findings and orders shall be in writing, and shall be signed by the person making them and shall contain a detailed description of the conditions or practices which cause and constitute an imminent danger and a description of the area of the place of employment from which persons must be withdrawn and prohibited from entering. ``(5) Any order issued pursuant to subsection (a) may be modified or terminated by an authorized representative of the Secretary following consultation with the employer and any representative of the affected employees. Any order issued under subsection (a) shall remain in effect until vacated, modified, or terminated by the Secretary, or modified or vacated by the Commission pursuant to subsection (d).''; and (2) by redesignating subsection (d) as subsection (b) and after such subsection inserting the following: ``(c) No person shall discharge or in any manner discriminate against any employee because such employee has refused to perform a duty that has been identified as the source of an imminent danger by any order issued under subsection (a). The right to refuse to perform such a duty shall be in addition to any other right to refuse to perform hazardous work that is afforded to employees by this Act, by standards or regulations issued pursuant to this Act, by contract, or by other applicable law. ``(d)(1) Any employer notified of an order under subsection (a) or any affected employees or representative of affected employees notified of the issuance, modification, or termination of such an order may apply to the Commission within 30 days of such notification for reinstatement, modification or vacation of such order. The Commission shall forthwith afford an opportunity for a hearing (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, vacating, affirming, modifying, or terminating the Secretary's order. The Commission may not grant temporary relief from the issuance of any order under subsection (a). ``(2) The Commission shall take whatever action is necessary to expedite proceedings under this subsection. ``(e) The Secretary may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which a place of employment is located or in which the employer has his principal office, whenever such employer or his agent violates or fails or refuses to comply with any order or decision issued under this section.''. (b) Penalties.--Section 17 of such Act is amended by redesignating subsections (h) through (l) as subsections (i) through (m), respectively, and by inserting after subsection (g) the following: ``(h) Any employer who fails to remove all employees from exposure to a hazard referenced in orders issued under section 13(a) shall be assessed a civil penalty of not less than $10,000 and not more than $50,000 for each day during which an employee continues to be exposed to the hazard, unless the Commission or the district court determines the condition or practice is not of such nature as to be covered by section 13(a).''.

Protecting Workers From Imminent Dangers Act of 2009 - Amends the Occupational Safety and Health Act of 1970 to require the Department of Labor to: (1) inform employers and employees and their representatives when a condition or practice in a place of employment is such that an imminent danger to safety or health exists that could reasonably be expected to cause death, serious physical harm, or permanent impairment of the health or functional capacity of employees if not corrected immediately or before the danger can be eliminated through prescribed enforcement procedures; and (2) request that the condition or practice be corrected immediately or that employees be immediately removed from exposure to such danger. Requires the Department, if an employer refuses to comply with such request, to immediately issue an order requiring the employer to cause all persons to be withdrawn from, and to be prohibited from entering, such area until the Department determines that such imminent danger and the conditions or practices which caused it no longer exist. Declares that such an order shall not preclude issuing a citation or proposing a penalty for a violation under such Act. Prohibits the Department from preventing: (1) the entry or continued activity of employees whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations; and (2) a necessary cessation of operations from being accomplished in a safe and orderly manner. Prohibits persons from discharging or discriminating against an employee for the refusal to perform a duty that has been identified by an order as the source of an imminent danger. Sets forth penalties for violations.

To amend the Occupational Safety and Health Act of 1970 to authorize the Secretary of Labor to prevent employee exposure to imminent dangers.

SECTION 1. SHORT TITLE: TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Guadalupe-Hidalgo Treaty Land Claims Equity Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title: table of contents. Sec. 2. Definitions and findings. Sec. 3. Establishment and membership of Commission. Sec. 4. International Document Procurement Agreement. Sec. 5. Development of the Code of Land Grant Claims Procedure. Sec. 6. Examination of land claims. Sec. 7. Community Land Grant Study Center. Sec. 8. Miscellaneous powers of Commission. Sec. 9. Report. Sec. 10. Termination. Sec. 11. Authorization of appropriations. SEC. 2. DEFINITIONS AND FINDINGS. (a) Definitions.--For purpose of this Act: (1) Commission.--The term ``Commission'' means the Guadalupe-Hidalgo Treaty Land Claims Commission established under section 3. (2) Treaty of guadalupe-hidalgo.--The term ``Treaty of Guadalupe-Hidalgo'' means the treaty of Peace, Friendship, Limits, and Settlement (Treaty of Guadalupe Hidalgo), between the United States and the Republic of Mexico, signed February 2, 1848 (TS 207: 9 Bevans 791). (3) Eligible descendant.--The term ``eligible descendant'' means a descendant of a person who-- (A) was a Mexican citizen before the Treaty of Guadalupe Hidalgo; (B) was a member of a community land grant; and (C) became a United States citizen within ten years after the effective date of the Treaty of Guadalupe- Hidalgo, May 30, 1848, pursuant to the terms of the Treaty. (4) Community land grant.--The term ``community land grant'' means a village, town, settlement, or pueblo consisting of land held in common (accompanied by lesser private allotments) by three or more families under a grant from the King of Spain (or his representative) before the effective date of the Treaty of Cordova, August 24, 1821, or from the authorities of the Republic of Mexico before May 30, 1848, in what became the State of New Mexico, regardless of the original character of the grant. (5) Reconstituted.--The term ``reconstituted'', with regard to a valid community land grant, means restoration to full status as a municipality with rights properly belonging to a municipality under State law and the right of local self- government. (b) Findings.--Congress finds the following: (1) New Mexico has a unique history regarding the acquisition of ownership of land as a result of the substantial number of Spanish and Mexican land grants that were an integral part of the colonization and growth of New Mexico before the United States acquired the area in the Treaty of Guadalupe- Hidalgo. (2) Various provisions of the Treaty of Guadalupe-Hidalgo have not yet been fully implemented in the spirit of article VI, section 2, of the Constitution of the United States. (3) Serious questions regarding the prior ownership of lands in the State of New Mexico, particularly certain public lands, still exist. (4) Congressionally established land claim commissions have been used in the past to successfully examine disputed land possession questions. SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Guadalupe-Hidalgo Treaty Land Claims Commission''. (b) Number and Appointment of Members.--The Commission shall be composed of five members appointed by the President, by and with the advice and consent of the Senate. At least two of the members of the Commission shall be selected from among persons who are eligible descendants. All members shall demonstrate knowledge and expertise about the history and law associated with the New Mexico land grants. (c) Terms.--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. (d) Compensation.--Members shall each be entitled to receive the daily equivalent of level V of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. SEC. 4. INTERNATIONAL AGREEMENTS FOR COOPERATION IN THE PROCUREMENT OF RELEVANT DOCUMENTS. (a) Findings.--Congress recognizes that-- (1) the availability of documents concerning community land grants in the State of New Mexico in the United States is limited; and (2) a fair and equitable evaluation of the community land grants will depend upon obtaining a comprehensive compilation of the relevant documents available. (b) Bilateral Agreements.--The Secretary of State is authorized to negotiate bilateral agreements with the Governments of Mexico and Spain to obtain their full cooperation with the Commission so that the Commission will have access to certified copies of all relevant documents in those countries relating to community land grants in the State of New Mexico. SEC. 5. DEVELOPMENT OF CODE OF LAND GRANT CLAIMS PROCEDURES. (a) Development of Procedures.--Not later than one year after the date on which the second bilateral agreement described in section 4 is concluded, the Commission shall develop workable and equitable procedures, in clear and concise form, for land grant evaluations, including but not limited to-- (1) a criteria for the Commission to use during its evaluation of what constituted a legal community land grant under Mexican and Spanish law; (2) the scope of admissible evidence; (3) appropriate presumptions, if any, regarding previous adjudications made by the Surveyor General and the Court of Private Land Claims, and other court decisions involving the Treaty; (4) a set of procedural rules setting forth the burden of proof that the Commission will use in determining the validity of community land grants; (5) an outline of investigative services the Commission proposes to make available to land grant claimants; (6) safeguards, acceptable to title insurance companies, to ensure that private property owners will not be affected, either with the threat of losing possession to their property or any impairment to the legal, equitable or clear title to their property by the work of the Commission; (7) safeguards, acceptable to the New Mexico State Engineer, that clearly protect and do not in any way affect the water rights of any person or entity; (8) safeguards, acceptable to the various Native American Tribes and Pueblos, that clearly protect the status quo regarding existing Indian Lands; (9) procedures, acceptable to the various Native American Tribes and Pueblos, that-- (A) provide them with access to sacred sites that may eventually be adjudicated as community land grants, and that may become part of any reconstituted community land grant; and (B) require that any such sites be identified by the various Native American Tribes and Pueblos during the development of the Code of Land Grant Claims Procedures for the Commission; (10) an outline of the rights and responsibilities of community land grantees if a community land grant is reconstituted; and (11) any other items the Commission deems appropriate and necessary. (b) Review by Congressional Energy Committees.--Prior to beginning the examination of specific community land claims, the Commission shall submit the Code of Land Claims Procedure to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The Committees shall have ninety days to hold hearings and examine the Code. The Commission may not commence evaluations of specific community land claims earlier than the 90 days after the date of submission of the Code under this subsection. SEC. 6. EXAMINATION OF LAND CLAIMS LOCATED IN NEW MEXICO. (a) Submission of New Mexico Land Claims Petitions.--Any three (or more) eligible descendants who are also descendants of the same community land grant may file with the Commission a petition on behalf of themselves and all other descendants of that community land grant seeking a determination of the validity of the land claim that is the basis for the petition. (b) Deadline for Submission.--To be considered by the Commission a petition under subsection (a) must be received by the Commission not later than five years after the date on which the Committee on Energy and Natural Resources and the Committee on Resources of the House of Representatives has completed the 90-day review period. (c) Elements of Petition.--A petition under subsection (a) shall be made under oath and shall contain the following: (1) The names and addresses of the eligible descendants who are petitioners. (2) The fact that the land involved in the petition was a community land grant at the time of the effective date of the Guadalupe-Hidalgo Treaty and that such land is now within the borders of the State of New Mexico. (3) The extent of the community land grant, to the best of the knowledge of the petitioners, accompanied with a survey or, if a survey is not feasible for them, a sketch map thereof. (4) The fact that the petitioners reside, or intend to settle upon, the community land grant. (5) All facts known to petitioners concerning the community land grant, together with copies of all papers in regard thereto available to petitioners. (d) Petition Hearing.--At one or more designated locations in the State of New Mexico, the Commission shall hold a hearing upon each petition timely submitted under this section, at which hearing all persons having an interest in the land involved in the petition shall have the right, upon notice, to appear as a party. (e) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any petition submitted under subsection (a). The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the State of New Mexico. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (f) Decision.--On the basis of the facts contained in a petition submitted under subsection (a), and the hearing held with regard to the petition, the commission shall determine, consistent with the Code of Land Claims Procedure, the validity of the community land grant described in the petition. The decision shall include a recommendation of the Commission regarding whether the community land grant should be reconstituted and its lands restored. (g) Protection of Non-Federal Property.--The decision of the Commission regarding the validity of a petition submitted under subsection (a) shall not affect the ownership, title or rights of owners of any non-Federal lands covered by the petition. Any recommendation of the Commission under subsection (f) regarding whether a community land grant should be reconstituted and its lands restored may not address, affect or otherwise involve non-Federal lands. In the case of a valid petition covering lands held in non-Federal ownership, the Commission shall modify the recommendation under the subsection (f) to recommend the substitution of comparable Federal lands in the State of New Mexico for the lands held in non-Federal ownership. SEC. 7. COMMUNITY LAND GRANT STUDY CENTER. To assist the Commission in the performance of its activities under section 4, the commission shall establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico. The Commission shall be charged with the responsibility of directing the research, study, and investigations necessary for the Commission to perform its duties under this Act. SEC. 8. MISCELLANEOUS POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate, the Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission so long as it is determined that the acceptance of such gifts, bequests or devises do not constitute a conflict of interest. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as the other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). SEC. 9. REPORT. As soon as practicable after reaching its last decision under section 6, the Commission shall submit to the President and the Congress a report containing each decision, including the recommendation of the Commission regarding whether certain community land grants should be reconstituted, so that the Congress may act upon the recommendations. SEC. 10. TERMINATION. The Commission shall terminate on 180 days after submitting its final report under section 9. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,000,000 for each of the fiscal years 1999 through 2007 for the purpose of carrying out the activities of the Commission and to establish and operate the Community Land Grant Study Center under section 7.

Guadalupe-Hidalgo Treaty Land Claims Equity Act of 1998 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of certain land claims arising out of the Treaty of Guadalupe-Hidalgo in 1848. Authorizes the Secretary of State to negotiate bilateral agreements with the governments of Mexico and Spain to obtain their full cooperation with the Commission so that it will have access to certified copies of all relevant documents in those countries relating to community lands grants in the State of New Mexico. Directs the Commission to: (1) develop specified procedures for land grant evaluations, including some, acceptable to various Native American Tribes and Pueblos, that clearly protect the status quo regarding existing Indian Lands; and (2) submit the Code of Land Claims Procedure to specified congressional committees for hearings and examination, before beginning examination of specific community land claims. Makes eligible under this Act descendants of certain persons who were: (1) Mexican citizens before the Treaty; (2) members of a community land grant; and (3) U.S. citizens within ten years after the Treaty became effective. Authorizes three or more eligible descendants in New Mexico who are also descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in its duties. Authorizes appropriations.

Guadalupe-Hidalgo Treaty Land Claims Equity Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian-American Trust and Cooperation Act of 2001''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Government of the Russian Federation maintains an agreement with the Government of Cuba which allows Russia to operate an intelligence facility at Lourdes, Cuba. (2) The Secretary of Defense has formally expressed concerns to the Congress regarding the espionage complex at Lourdes, Cuba, and its use as a base for intelligence activities directed against the United States. (3) The Secretary of Defense, referring to a 1998 Defense Intelligence Agency assessment, has reported that the Russian Federation leases the Lourdes facility for an estimated $100,000,000 to $300,000,000 a year. (4) It has been reported that the Lourdes facility is the largest such complex operated by the Russian Federation and its intelligence service outside the region of the former Soviet Union. (5) The Lourdes facility is reported to cover a 28 square- mile area with over 1,500 Russian engineers, technicians, and military personnel working at the base. (6) Experts familiar with the Lourdes facility have reportedly confirmed that the base has multiple groups of tracking dishes and its own satellite system, with some groups used to intercept telephone calls, faxes, and computer communications, in general, and with other groups used to cover targeted telephones and devices. (7) News sources have reported that the predecessor regime to the Government of the Russian Federation had obtained sensitive information about United States military operations during Operation Desert Storm through the Lourdes facility. (8) Former United States National Security Agency officials have been quoted describing the Lourdes facility as an ``intelligence cornucopia'' which lies within the ``footprint'' of every United States communications satellite. (9) Public reports relating to the Lourdes facility state that Defense Intelligence Agency officials testified to the Senate Select Committee on Intelligence in 1996 that ``while commercial intelligence [gathered at the facility] is the top priority, it is not the only one . . . Personal information about U.S. citizens in private and government sectors is also snatched from the airwaves and used by Russian intelligence to identify promising recruits in these sectors.''. (10) It has been reported that the operational significance of the Lourdes facility has grown dramatically since February 7, 1996, when then Russian President, Boris Yeltsin, issued an order demanding that the Russian intelligence community increase its gathering of United States and other Western economic and trade secrets. (11) It has been reported that the Government of the Russian Federation is estimated to have spent in excess of $3,000,000,000 in the operation and modernization of the Lourdes facility. (12) Colonel General Mikhail Kolenik, Russia's current chief of staff, has affirmed during his visits to the Lourdes facility that this espionage base remains critical to the intelligence needs of the Russian Federation. (13) The December 2000 visit of Russian President Putin to Cuba was described by United States analysts as a ``diplomatic offensive'' to strengthen and expand Russia's ties with its former satellite in Latin America. SEC. 3. PROHIBITION ON BILATERAL DEBT RESCHEDULING AND FORGIVENESS FOR THE RUSSIAN FEDERATION. (a) Prohibition.--Notwithstanding any other provision of law, the President-- (1) shall not reschedule or forgive any outstanding bilateral debt owed to the United States by the Government of the Russian Federation, and (2) shall instruct the United States representative to the Paris Club of official creditors to use the voice and vote of the United States to oppose rescheduling or forgiveness of any outstanding bilateral debt owed by the Government of the Russian Federation, until the President certifies to the Congress that the Government of the Russian Federation has ceased all its operations at, removed all personnel from, and permanently closed the intelligence facility at Lourdes, Cuba. (b) Waiver.--The President may waive the application of subsection (a)(1) with respect to rescheduling of outstanding bilateral debt if-- (1) the President determines that such waiver is necessary to the national interests of the United States; and (2) not less than 10 days before the waiver is to take effect, the President transmits to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a written certification that contains the determination made pursuant to paragraph (1) and the reasons therefor.

Russian-American Trust and Cooperation Act of 2001 - Directs the President, until he certifies to Congress that the Government of the Russian Federation has ceased all operations at, removed all personnel from, and permanently closed the intelligence facility at Lourdes, Cuba, to: (1) neither reschedule nor forgive any outstanding bilateral debt owed by the Government of the Russian Federation to the United States; and (2) instruct the U.S. representative to the Paris Club of official creditors to use the U.S. vote to oppose rescheduling or forgiveness of any outstanding bilateral debt owed by such government. Authorizes the President to waive the requirements of this Act if it is in the national interests of the United States.

To prohibit the rescheduling or forgiveness of any outstanding bilateral debt owed to the United States by the Government of the Russian Federation until the President certifies to the Congress that the Government of the Russian Federation has ceased all its operations at, removed all personnel from, and permanently closed the intelligence facility at Lourdes, Cuba.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boosting Equity for the American Middle Class Act of 2016'' or as the ``BEAM Act of 2016''. SEC. 2. REFUNDABLE CREDIT FOR EARLY PRINCIPAL PAYMENTS ON CERTAIN HOME MORTGAGES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. EARLY PRINCIPAL PAYMENTS ON CERTAIN HOME MORTGAGES. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the excess home mortgage principal payments made by the taxpayer during such taxable year. ``(b) Annual Dollar Limitation.--The credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $500. ``(c) Lifetime Limitation.--No credit shall be allowed under subsection (a) to any taxpayer for any taxable year if credit was allowed under subsection (a) to such taxpayer for any 10 preceding taxable years. ``(d) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this paragraph and after the application of subsection (b)) be allowable as a credit under subsection (a) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for the taxable year, over ``(ii) $125,000 (twice such amount in the case of a joint return), bears to ``(B) $10,000 (twice such amount in the case of a joint return). ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(e) Excess Home Mortgage Principal Payments.--For purposes of this subsection-- ``(1) In general.--The term `excess home mortgage principal payments' means, with respect to qualified home mortgage indebtedness for any taxable year, the excess of-- ``(A) the aggregate amount of principal paid by the taxpayer with respect to such indebtedness during such taxable year, over ``(B) the aggregate amount of principal which would have been paid by the taxpayer with respect to such indebtedness during such taxable year if the taxpayer had timely made each required payment under the terms of the indebtedness during such taxable year (and no other payments). ``(2) Qualified home mortgage indebtedness.-- ``(A) In general.--The term `qualified home mortgage indebtedness' means any acquisition indebtedness (as defined in section 163(h)(3)(B)) if-- ``(i) the residence with respect to such acquisition indebtedness is the primary residence (within the meaning of section 121) of the taxpayer, and ``(ii) such indebtedness constitutes a traditional mortgage. ``(B) Traditional mortgage.--For purposes of this paragraph, the term `traditional mortgage' means indebtedness-- ``(i) the term of which is not less than 15 years and not more than 30 years, and ``(ii) the required payments under which are each the same amount and made in equal intervals during the term of the indebtedness (or if any payment is required at a different interval, the amount of such payment is adjusted in the same proportion as the change in interval). ``(f) Rules Related to Joint Returns.-- ``(1) No credit for married individuals filing separately.--In the case of a married individual, no credit shall be allowed under this section for any taxable year unless such individual files a joint return with such individual's spouse for such taxable year. ``(2) Application of lifetime limitation with respect to joint returns.--If the credit under subsection (a) is allowed with respect to a joint return for any taxable year, such credit shall be treated for purposes of applying subsection (c) as allowed to both spouses for such taxable year. For purposes of applying subsection (c) with respect to a joint return for any taxable year, the taxpayer shall be treated as having been allowed the credit under subsection (a) for 10 or more preceding taxable years only if both spouses have been so allowed such credits.''. (b) Reporting of Excess Home Mortgage Principal Payments.--Section 6050H(b)(2) of such Code is amended by striking ``and'' at the end of subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by inserting after subparagraph (C) the following new subparagraph: ``(D) the amount of excess home mortgage principal payments (as defined in section 36C(e)) received with respect to such mortgage during the calendar year, and''. (c) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' after ``36B,''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Early principal payments on certain home mortgages.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Boosting Equity for the American Middle Class Act of 2016 or the BEAM Act of 2016 This bill amends the Internal Revenue Code to allow a refundable tax credit equal to 50% of the excess home mortgage principal payments made by a taxpayer during the year. The credit is limited to $500 per year and to taxpayers who have not received the credit for any of the 10 preceding years. The bill reduces the amount of the credit for taxpayers with modified adjusted gross incomes above specified levels. An "excess home mortgage principal payment" is the excess of: (1) the amount of principal paid by the taxpayer with respect to a mortgage during the year, over (2) the amount of principal the taxpayer would have paid by making each required payment on a timely basis under the terms of the mortgage (and no other payments). The mortgage must: (1) be for a primary residence, (2) for a term between 15 and 30 years, and (3) require payments that are each the same amount and made in equal intervals during the term of the mortgage (or if any payment is required at a different interval, the amount of the payment is adjusted in the same proportion as the change in interval). Married individuals must file a joint tax return to claim the credit. Persons engaged in a trade or business (e.g., lenders, mortgage companies, or banks) who are required to report mortgage interest payments from individuals of $600 or more must also report the amount of excess home mortgage principal payments received during the year.

BEAM Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Centers of Excellence for Regional Smart Growth Planning Act''. SEC. 2. NATIONAL CENTERS OF EXCELLENCE FOR REGIONAL SMART GROWTH PLANNING. (a) Designation and Selection of National Centers of Excellence.-- In accordance with the requirements of this Act, the Administrator shall designate not fewer than 3 national centers of excellence for regional smart growth planning, selected from metropolitan planning organizations that have demonstrated regional planning excellence by-- (1) developing and using state-of-the-art data and modeling tools that accurately estimate travel, air pollution, greenhouse gas emissions, and other impacts from regional land use patterns and transportation systems; (2) engaging a broad range of citizens and stakeholders in regional planning in an interactive or innovative manner; (3) forming political consensus through regional transportation plans that predict significant improvements in future travel patterns, air emissions, and other impacts compared to baseline projections; (4) showing significant changes to land use patterns and transportation systems that conform with regional transportation plans; (5) maintaining effective partnerships with local, State, and Federal agencies working on regional smart growth planning; and (6) providing expert technical assistance. (b) Guidelines.--The Administrator shall develop guidelines for the designation and operation of the Centers. (c) Funding.--Of the amounts available to carry out this Act, the Administrator shall allocate not more than $5,000,000 for each fiscal year to each Center to carry out this section. (d) General Operation.--The Centers shall-- (1) collect information and best practices about-- (A) regional smart growth planning; (B) street design and implementation of complete streets policy by local governments; (C) transit-oriented, mixed-use, and infl. development; (D) use of data, models, and performance metrics to develop smart growth plans; (E) needed upgrades to models from MPOs; and (F) effective civic engagement in regional smart growth planning; (2) distribute smart growth planning information and best practices to MPOs that are seeking to-- (A) upgrade data, models, and performance metrics; (B) achieve greenhouse gas reductions in regional transportation plans; or (C) work effectively with units of local government to coordinate regional planning and economic development plans; (3) make research and development recommendations to the Environmental Protection Agency and other appropriate entities to further improve the quality and ease of smart growth analysis; (4) work with appropriate institutions of higher education and State and Federal agencies to further improve smart growth analysis; and (5) provide technical assistance to grant recipients under section 3. SEC. 3. IMPLEMENTATION GRANTS. (a) Grant Authority.--The Administrator, in consultation with the Centers, may make grants on a competitive basis to eligible entities for-- (1) improving the collection of data and the development of models for smart growth planning; (2) implementing comprehensive regional smart growth planning programs; (3) applying planning outcomes in regional transportation plans; and (4) working with units of local governments to coordinate land use, transportation, and air quality planning. (b) Application.-- (1) In general.--To be eligible to receive a grant under subsection (a), an entity shall submit to the Administrator an application at such time, in such manner, and containing such information and assurances as the Administrator may require. (2) Eligibility requirements.--An entity is eligible to receive a grant under this section only if such entity-- (A) is an MPO; (B) commits to use funds to develop and maintain a regional database that contains high quality data and modeling capability; (C) agrees to make a good-faith effort to produce and adopt plans that use the latest available estimates and assumptions for population, land use, travel, employment, congestion, and economic activity; (D) provides long-term guidance to the public to minimize greenhouse gas emissions by reducing vehicle miles traveled, offering more housing choices within existing urban centers, and incorporating new housing and employment close to existing public transportation options; and (E) has a demonstrated record of working effectively with the units of local government within the region. (c) Matching Requirements.-- (1) Federal share.--The Federal share of the cost of a project under this section shall be 80 percent. (2) Non-federal share.--The non-Federal share of the cost of carrying out a project under this section may be provided through an in-kind contribution. (d) Reports.--Not later than 1 year after the end of the grant period for which an MPO receives a grant under this section, such MPO shall submit a report to the Administrator regarding the use of such grant. SEC. 4. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Center.--The term ``Center'' means a national center of excellence for regional smart growth planning designated under section 2(a). (3) Complete streets policy.--The term ``complete streets policy'' means a transportation law or policy at the local, State, regional, or Federal level that ensures-- (A) the adequate accommodation, in all phases of project planning and development, of all users of the transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, motorists, and individuals with disabilities; and (B) the consideration of the safety and convenience of all users in all phases of project planning and development. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Metropolitan planning organization.--The term ``metropolitan planning organization'' or ``MPO'' has the meaning given such term in section 134(b)(2) of title 23, United States Code. (6) Smart growth.--The term ``smart growth'' means policies regarding growth and development that-- (A) recognize the effects of new growth and development, including the environmental, economic, and social costs, such as-- (i) loss of open space, farmland, rural landscapes, wildlife, or natural, cultural, scenic, or recreational resources; or (ii) high public costs for infrastructure, public facilities, or transportation that lead to disinvestment in older urban or suburban areas; and (B) attempt to mitigate such effects in advance so as to avoid or reduce the negative impacts of such effects. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Administrator to carry out this Act $65,000,000 for each of fiscal years 2010 through 2015.

National Centers of Excellence for Regional Smart Growth Planning Act - Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) designate not fewer than three national centers of excellence for regional smart growth planning, selected from metropolitan planning organizations (MPOs) that have demonstrated regional planning excellence; (2) develop guidelines for the designation and operation of the Centers; and (3) allocate specified funds to each Center to carry out this Act. Authorizes the Administrator to make grants on a competitive basis to eligible entities for: (1) improving the collection of data and the development of models for smart growth planning; (2) implementing comprehensive regional smart growth planning programs; (3) applying planning outcomes in regional transportation plans; and (4) working with local governments to coordinate land use, transportation, and air quality planning. Directs the Centers to: (1) collect and distribute to MPOs information and best practices about regional smart growth planning; (2) make research and development recommendations to EPA and other entities to improve the quality and ease of smart growth analysis; (3) work with institutions of higher education and state and federal agencies to improve smart growth analysis; and (4) provide technical assistance to grant recipients.

To establish national centers of excellence for regional smart growth planning, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Listbroker Privacy Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Commercial list brokers routinely advertise and sell detailed information on children, including names, addresses, ages, and other data, for use in marketing. This data is commonly available on children as young as two years old, enabling marketers to target specific demographics such as junior high school, elementary school, or even preschool. (2) Commercially available marketing databases can be very large, covering millions of children. (3) Commercially available marketing databases can include a variety of information on the children they cover, from ethnicity to family income to hobbies and interests. (4) Money spent on marketing to children has been estimated at $12 billion per year. (5) Several Federal statutes, including section 1061 of the No Child Left Behind Act, the Children's Online Privacy Protection Act, and the Family and Educational Rights and Privacy Act, restrict the collection and disclosure of information about children or students under specified circumstances. When data on children is collected in a manner that is outside the scope of those statutes, however, Federal law does not significantly restrict the commercial sale or resale of such data. (6) The ability to sell information about children to marketers for a profit creates an economic incentive to find new and creative ways to collect and compile such information, and possibly to circumvent or subvert the intent of those federal statutes that do govern the collection of information about children or students. There are a variety of means and sources that marketers and list brokers can and do use to compile names, addresses, and other data about children. SEC. 3. RESTRICTION ON SALE OR PURCHASE OF CHILDREN'S PERSONAL INFORMATION. (a) In General.--It is unlawful-- (1) to sell personal information about an individual the seller knows to be a child; (2) to purchase personal information about an individual identified by the seller as a child, for the purpose of marketing to that child; or (3) for a person who has provided a certification pursuant to subsection (b)(2), in connection with the purchase of personal information about an individual identified by the seller as a child, to engage in any practice that violates the terms of the certification. (b) Exceptions.-- (1) Parental consent.--Subsection (a) does not apply to any sale, purchase, or use of personal information about a child if the parent of the child has granted express consent to that sale, purchase, or use of the information. (2) Certification.--Subsection (a)(1) shall not apply to the sale of personal information about a child if the purchaser certifies to the seller, electronically or in writing, before the sale is completed-- (A) the purpose for which the information will be used by the purchaser; and (B) that the purchaser will neither-- (i) use the information for marketing that child; nor (ii) permit the information to be used by others for the purpose of marketing to that child. SEC. 4. ADMINISTRATION AND ENFORCEMENT. (a) In General.--Except as provided in subsection (b), this Act shall be enforced by the Commission as if the violation of section 3 of this Act were an unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Enforcement by Certain Other Agencies.--Compliance with this Act shall be enforced under-- (1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of-- (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act (12 U.S.C. 601 and 611), by the Board; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit Union Administration Board with respect to any Federal credit union; (4) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part; (5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in section 406 of that Act (7 U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and (6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Exercise of Certain Powers.--For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of section 3 of this Act I is deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under section 3 of this Act, any other authority conferred on it by law. (d) Actions by the Commission.--The Commission shall prevent any person from violating section 3 of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates any provision of that section is subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of that section. (e) Preservation of Commission Authority.--Nothing contained in this section shall be construed to limit the authority of the Commission under any other provision of law. SEC. 5. ACTIONS BY STATES. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that section 3 of this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin that practice; (B) to enforce compliance with the rule; (C) to obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) to obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention.-- (1) In general.--On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subsection (a), it shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this subtitle shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for violation of section 2 of this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that section. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 6. DEFINITIONS. In this Act: (1) Child.--The term ``child'' means an individual under the age of 16. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Express consent.-- (A) In general.--The term ``express consent'' means an affirmative indication of permission in writing or electronic form. The term ``express consent'' does not include consent inferred from a failure to indicate affirmatively that consent is denied or withheld. (B) Prerequisites.--Express consent is not valid unless-- (i) before granting the consent the individual granting the consent was informed of the purpose for which the information would be sold, purchased, or used; and (ii) consent was not granted as a condition for making a product, service, or warranty available to the individual or the child to which the information pertains. (4) Marketing.--The term ``marketing'' means making a communication to encourage the purchase or use of a commercial product or service. For purposes of this paragraph, a product or service shall be considered to be commercial if some or all of the proceeds from the sale inure to the benefit of an enterprise conducted for profit. (5) Parent.--The term ``parent'' includes a legal guardian. (6) Personal information.--The term ``personal information'' means identifiable information about an individual, including-- (A) a name; (B) a home or other physical address including street name and name of a city or town; (C) an e-mail address or online username; (D) a telephone number; (E) a Social Security number; or (F) any other information that permits a specific individual to be identified. (7) Purchase; sell; sale.--In section 3, the terms ``purchase'', ``sell'', and ``sale'' include the purchase and sale of the right to use personal information, without regard to whether-- (A) the right is limited or unlimited; (B) the transaction is characterized as a purchase, sale, lease, or otherwise; and (C) the consideration for the transaction is monetary, goods, or services. SEC. 7. EFFECTIVE DATE. This Act takes effect 6 months after the date of enactment.

Children's Listbroker Privacy Act - Makes it unlawful: (1) to sell personal information about an individual the seller knows to be a child (under age 16); (2) to purchase personal information about an individual identified by the seller as a child for the purpose of marketing to that child; or (3) for a purchaser who has provided a certification limiting the use of such information to engage in any practice that violates the certification terms. Makes an exception with respect to express parental consent to such sale, purchase, or use. Provides for violation enforcement through the Federal Trade Commission (FTC) and certain other Federal agencies. Authorizes enforcement actions by States acting on behalf of its residents (allowing FTC intervention).

A bill to regulate interstate commerce by prohibiting the sale of children's personally identifiable information for commercial marketing purposes.

SECTION 1. EXCLUSION FOR CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. ``(a) General Rule.--In the case of an individual, gross income does not include any amount (otherwise includable in gross income) received as a qualified governmental pension. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excluded under subsection (a) for the taxable year shall not exceed-- ``(A) the maximum excludable social security benefits of the taxpayer for such year, reduced by ``(B) the social security benefits (within the meaning of section 86(d)) received by the taxpayer during such year which were excluded from gross income. ``(2) Individual must perform the services giving rise to pension.--Subsection (a) shall not apply to any qualified governmental pension received by the taxpayer during the taxable year unless the taxpayer (or the spouse or former spouse of the taxpayer) performed the services giving rise to such pension. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified governmental pension.--The term `qualified governmental pension' means any pension or annuity under a public retirement system to the extent such pension or annuity is not attributable to service-- ``(A) which constitutes employment for purposes of chapter 21 (relating to the Federal Insurance Contributions Act), or ``(B) which is covered by an agreement made pursuant to section 218 of the Social Security Act. ``(2) Maximum excludable social security benefits.--The term `maximum excludable social security benefits' means an amount equal to so much of the applicable maximum benefit amount for the taxpayer for the taxable year which would be excluded from gross income if such benefit amount were treated as social security benefits (within the meaning of section 86(d)) received during the taxable year. ``(3) Applicable maximum benefit amount.--The term `applicable maximum benefit amount' means-- ``(A) in the case of an unmarried individual, the maximum individual social security benefit, ``(B) in the case of a joint return, 150 percent of the maximum individual social security benefit, or ``(C) in the case of a married individual filing a separate return, 75 percent of the maximum individual social security benefit. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(4) Maximum individual social security benefit.-- ``(A) In general.--The term `maximum individual social security benefit' means, with respect to any taxable year, the maximum total amount (as certified by the Secretary of Health and Human Services to the Secretary) which could be paid for all months in the calendar year in which such taxable year begins as old- age insurance benefits under section 202(a) of the Social Security Act (without regard to any reduction, deduction, or offset under section 202(k) or section 203 of such Act) to any individual who attained age 65, and filed application for such benefits, on the first day of such calendar year. ``(B) Part years.--In the case of an individual who receives a qualified governmental pension with respect to a period of less than a full taxable year, the maximum individual social security benefit for such individual for such year shall be reduced as provided in regulations prescribed by the Secretary to properly correspond to such period. ``(5) Public retirement system.--The term `public retirement system' means any pension, annuity, retirement, or similar fund or system established by the United States, a State, a possession of the United States, any political subdivision of any of the foregoing, or the District of Columbia.'' (b) Technical Amendment.--Subparagraph (A) of section 86(b)(2) of such Code (defining modified adjusted gross income) is amended by inserting ``137,'' before ``911''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 137 as section 138 and by inserting after the item relating to section 136 the following new item: ``Sec. 137. Certain pensions and annuities under public retirement systems.'' (d) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude from the gross income of an individual amounts received as a pension or annuity under a public retirement system to the extent they are not attributable to services covered under the social security system. Limits the tax exclusion based upon calculations relating to income tax treatment of social security benefits.

To amend the Internal Revenue Code of 1986 to exclude from gross income that portion of a governmental pension which does not exceed the maximum benefits payable under title II of the Social Security Act which could have been excluded from income for the taxable year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Policy Transfer Act''. SEC. 2. PURPOSE. It is the purpose of this Act to prohibit the transfer and novation of a contract of insurance without the prior informed written consent of the policyholder. SEC. 3. DEFINITIONS. As used in this Act: (1) Assuming insurer.--The term ``assuming insurer'' means an insurer that assumes an insurance obligation or risk, or both, from a transferring insurer pursuant to a transfer agreement. (2) Transferring insurer.--The term ``transferring insurer'' means an insurer that transfers insurance obligations or risks, or both, of existing or in-force contracts of insurance to an assuming insurer pursuant to a transfer agreement. (3) Transfer agreement.--The term ``transfer agreement'' means a contract that-- (A) transfers insurance obligations or risks, or both, of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and (B) is intended to effect a novation of the transferred contract of insurance with the result that-- (i) the assuming insurer becomes directly liable to the policyholders of the transferring insurer; and (ii) the insurance obligations or risks, or both, of the transferring insurer under the contract are extinguished. (4) Contract of insurance.--The term ``contract of insurance'' means a written agreement between an insurer and a policyholder pursuant to which the insurer, in exchange for a premium or other consideration, agrees to assume an obligation or risk, or both, of the policyholder, or to make payments on behalf of, or to, the policyholder or his or her beneficiaries. The term includes all property, casualty, life, health, accident, surety, title, and annuity business authorized to be written pursuant to the laws of any State. SEC. 4. NOTICE. (a) Requirement.--Except as provided in section 6, no insurer shall enter into a transfer agreement or transfer a contract of insurance pursuant to a transfer agreement unless the transferring insurer has first provided or caused to be provided to each policyholder of the insurer affected by the agreement a notice of the intent of the insurer to transfer the contract of insurance held by such policyholder in accordance with this section. (b) Form of Notice.--The notice shall be sent by first-class mail, addressed to the last known address of the policyholder or to the address to which premium notices or other policy documents are sent or, with respect to home service business, by personal delivery with acknowledged receipt. A notice of intent to transfer shall also be sent to the transferring insurer's agent or broker of record on the affected policy. (c) Content of Notice.--The notice required by subsection (a) shall state or provide-- (1) the date the intended transfer and novation of the contract of insurance of the policyholder is proposed to take place and become effective; (2) the name, address, and telephone number of the transferring insurer and the assuming insurer under the proposed transfer agreement; (3) that the transfer and novation of the insurance contract of the policyholder cannot take effect without the written consent of the policyholder, except as provided in section 5 of this Act; (4) the procedures and any time limitation for consenting to the transfer and novation; (5) a summary informing the policyholder regarding any adverse effect that the policyholder might experience as a result of consenting to the transfer and novation; (6) a statement that, without the written consent of the policyholder, the transferring insurer will remain as the insurance company of the policyholder or beneficiary, except as provided in section 5 of this Act; (7) a statement that the assuming insurer is licensed to write the type of business being transferred in the State where the policyholder resides, or is otherwise authorized, under applicable law, to assume such business; (8) the name, address, and telephone number of the person designated by the transferring insurer as the person for receiving the written consent of the policyholder affected by the proposed transfer and novation; (9) the address and telephone number of the chief insurance regulatory official of the State in which the policyholder resides; (10) financial data for the transferring insurer and the assuming insurer involved in the proposed transfer agreement, including-- (A)(i) the ratings, together with enough information to understand where the ratings fall within the range of rating categories of each rating agency, for the last 5 years, if available, or if not available for 5 years, for such lesser period as is available, from each nationally recognized insurance company rating organization that has rated the insurer, including an explanation of the meaning of each rating category of each rating organization; (ii) if ratings are unavailable for any year of the 5-year period, a disclosure of this fact; and (iii) a statement that any or all of the above insurance company rating organization reports may be obtained at no cost by writing or calling an address or phone number listed in the statement; (B) a balance sheet as of December 31 for each of the 3 years immediately preceding the notice, if available, or for such lesser period as is available, and as of the date of the most recent quarterly statement; (C) a copy of the Management's Discussion and Analysis that was filed as a supplement to the annual statement of the preceding year; and (D) an explanation of the reason for the proposed transfer signed by the highest executive official of the transferring insurer and the assuming insurer; (11) a statement setting forth the financial condition of the transferring insurer and of the assuming insurer under the proposed transfer agreement, and the effect the transaction will have on the financial condition of each such insurer; (12) an opinion by a disinterested third-party expert, such as an actuary, finding that the transfer is fair and in the best interests of the policyholders affected by the transfer, and a statement that the report on which the opinion is based is available at no cost by writing or calling an address and phone number listed in the statement; (13)(A) a statement by the chief insurance regulatory official of the States of domicile of the transferring and accepting companies finding that-- (i) the proposed transfer is fair, reasonable, and in the best interests of the policyholders of the transferring insurer and the assuming insurer; and (ii) the notice of the proposed transfer required by this Act is fair, adequate, and not misleading; and (B) a statement that the report on which the finding is based is available at no cost by writing or calling an address and phone number listed in the statement; and (14) a statement describing the effect of the transfer, if any, on the State insurance guaranty fund coverage, if any, of the policyholder or beneficiary. SEC. 5. CONSENT REQUIREMENT. (a) Prohibited Transfers.--Except as provided in subsection (b), no insurer shall enter into a transfer agreement or transfer a contract of insurance pursuant to a transfer agreement without the written consent of the policyholder or a beneficiary of the policyholder. (b) Implied Consent.--A transfer of an insurance contract may take place without the written consent of the insured if-- (1) the transferring insurer and the assuming insurer are rated by the same 3 insurance company rating organizations for each of the 3 years immediately preceding the transfer; (2) the rating by each of the 3 insurance company rating organizations for the assuming insurer is the highest possible rating or is a higher rating than the transferring insurer; and (3) the policyholder or beneficiary-- (A) has been provided with the notice required by section 4 not sooner than February 28 and not later than May 1 of each of the 3 years immediately preceding the transfer pursuant to this section; and (B) has not responded to the notice with an objection to the transfer or transaction prior to the expiration of the 90-day-period beginning on the date the third notice is sent pursuant to subparagraph (A). SEC. 6. TRANSFERS NOT SUBJECT TO THE ACT. Subject to such regulations as the Secretary of Commerce shall issue, this Act shall not apply to-- (1) a transfer agreement or transaction in which the transferring insurer continues to remain directly liable for its insurance obligations or risks, or both, under the contracts of insurance subject to the transfer agreement; (2) the substitution of one insurer for another upon the expiration of insurance coverage pursuant to statutory or contractual requirements and the issuance of a new contract of insurance by another insurer; (3) the transfer of contracts of insurance pursuant to mergers or consolidations of 2 or more insurers to the extent that those transactions are regulated by the laws of the affected State or States; and (4) an insurer subject to a judicial order of liquidation or rehabilitation. SEC. 7. REGULATIONS. The Secretary of Commerce shall promulgate such regulations as may be necessary to carry out this Act. SEC. 8. CAUSE OF ACTION. (a) Remedies.--In any case in which an insurer violates this Act regarding a policyholder, the policyholder or the Attorney General may bring an action for relief in the appropriate United States district court. (b) Jurisdiction.--The United States district court for the judicial district in which a policyholder resides, or in which a transferring insurer or assuming insurer is incorporated, or licensed to do business or is doing business, shall have jurisdiction over an action brought pursuant to this section. (c) Venue.--The judicial district in which a policyholder resides, or in which a transferring insurer or assuming insurer is incorporated, is licensed to do business, or is doing business shall be regarded as the residence of such corporation for venue purposes. (d) Relief.--The district court shall have jurisdiction to grant such relief as is necessary or appropriate to redress a violation of this Act, including-- (1) permanent or temporary injunctive relief; (2) compensatory damages; (3) punitive damages; and (4) costs, including reasonable attorneys' fees.

Insurance Policy Transfer Act - Requires an insurer to notify a policyholder before the insurer enters into a transfer agreement or transfers the policyholder's insurance contract to another insurer, provided that such requirement shall not apply to: (1) a transfer agreement or transaction in which the transferring insurer continues to remain directly liable for its insurance obligations, risks, or both, under the insurance contracts subject to the transfer agreement; (2) the substitution of one insurer for another upon the expiration of insurance coverage pursuant to statutory or contractual requirements and the issuance of a new insurance contract by another insurer; (3) the transfer of insurance contracts pursuant to mergers or consolidations of two or more insurers to the extent that those transactions are regulated by the laws of the affected State or States; and (4) an insurer subject to a judicial order of liquidation or rehabilitation. Sets forth provisions regarding the form and content of such notice. Requires the written consent of the policyholder or a beneficiary before an insurer can enter into a transfer agreement or transfer an insurance contract pursuant to a transfer agreement unless: (1) the transferring insurer and the assuming insurer are rated by the same three insurance company rating organizations for each of the three years immediately preceding the transfer; (2) such rating is the highest possible rating or is a higher rating than the transferring insurer; and (3) the policyholder or beneficiary has been provided with the required notice between February 28 and May 1 of each of the three years immediately preceding the transfer and has not responded to the notice with an objection to the transfer or transaction within 90 days after the third notice is sent. Allows the policyholder or the Attorney General to bring an action for relief in the appropriate United States district court if an insurer violates this Act. Empowers the district court to grant such relief as is necessary or appropriate to redress a violation of this Act, including permanent or temporary injunctive relief, compensatory damages, punitive damages, and costs, including reasonable attorney's fees.

Insurance Policy Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Secure Federal Websites Act of 2014''. SEC. 2. ENSURING FUNCTIONALITY AND SECURITY OF NEW FEDERAL WEBSITES THAT COLLECT PERSONALLY IDENTIFIABLE INFORMATION. (a) Certification Requirement.-- (1) In general.--Except as otherwise provided under this subsection, an agency may not deploy or make available to the public a new Federal PII website until the date on which the chief information officer of the agency submits a certification to Congress that the website is fully functional and secure. (2) Transition.--In the case of a new Federal PII website that is operational on the date of the enactment of this Act, paragraph (1) shall not apply until the end of the 90-day period beginning on such date of enactment. If the certification required under paragraph (1) for such website has not been submitted to Congress before the end of such period, the head of the responsible agency shall render the website inaccessible to the public until such certification is submitted to Congress. (3) Exception for beta website with explicit permission.-- Paragraph (1) shall not apply to a website (or portion thereof) that is in a development or testing phase, if the following conditions are met: (A) A member of the public may access PII-related portions of the website only after executing an agreement that acknowledges the risks involved. (B) No agency compelled, enjoined, or otherwise provided incentives for such a member to access the website for such purposes. (4) Construction.--Nothing in this section shall be construed as applying to a website that is operated entirely by an entity (such as a State or locality) that is independent of the Federal Government, regardless of the receipt of funding in support of such website from the Federal Government. (b) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term under section 551 of title 5, United States Code. (2) Fully functional.--The term ``fully functional'' means, with respect to a new Federal PII website, that the website can fully support the activities for which it is designed or intended with regard to the eliciting, collection, storage, or maintenance of personally identifiable information, including handling a volume of queries relating to such information commensurate with the purpose for which the website is designed. (3) New federal personally identifiable information website (new federal pii website).--The terms ``new Federal personally identifiable information website'' and ``new Federal PII website'' mean a website that-- (A) is operated by (or under a contract with) an agency; (B) elicits, collects, stores, or maintains personally identifiable information of individuals and is accessible to the public; and (C) is first made accessible to the public and collects or stores personally identifiable information of individuals, on or after October 1, 2012. (4) Operational.--The term ``operational'' means, with respect to a website, that such website elicits, collects, stores, or maintains personally identifiable information of members of the public and is accessible to the public. (5) Personally identifiable information (pii).--The terms ``personally identifiable information'' and ``PII'' mean any information about an individual elicited, collected, stored, or maintained by an agency, including-- (A) any information that can be used to distinguish or trace the identity of an individual, such as a name, a social security number, a date and place of birth, a mother's maiden name, or biometric records; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. (6) Responsible agency.--The term ``responsible agency'' means, with respect to a new Federal PII website, the agency that is responsible for the operation (whether directly or through contracts with other entities) of the website. (7) Secure.--The term ``secure'' means, with respect to a new Federal PII website, that the following requirements are met: (A) The website is in compliance with subchapter III of chapter 35 of title 44, United States Code. (B) The website ensures that personally identifiable information elicited, collected, stored, or maintained in connection with the website is captured at the latest possible step in a user input sequence. (C) The responsible agency for the website has taken reasonable efforts to minimize domain name confusion, including through additional domain registrations. (D) The responsible agency requires all personnel who have access to personally identifiable information in connection with the website to have completed a Standard Form 85P and signed a non-disclosure agreement with respect to personally identifiable information, and the agency takes proper precautions to ensure only trustworthy persons may access such information. (E) The responsible agency maintains (either directly or through contract) sufficient personnel to respond in a timely manner to issues relating to the proper functioning and security of the website, and to monitor on an ongoing basis existing and emerging security threats to the website. (8) State.--The term ``State'' means each State of the United States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe. SEC. 3. PRIVACY BREACH REQUIREMENTS. (a) Information Security Amendment.--Subchapter III of chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 3550. Privacy breach requirements ``(a) Policies and Procedures.--The Director of the Office of Management and Budget shall establish and oversee policies and procedures for agencies to follow in the event of a breach of information security involving the disclosure of personally identifiable information, including requirements for-- ``(1) not later than 72 hours after the agency discovers such a breach, or discovers evidence that reasonably indicates such a breach has occurred, notice to the individuals whose personally identifiable information could be compromised as a result of such breach; ``(2) timely reporting to a Federal cybersecurity center, as designated by the Director of the Office of Management and Budget; and ``(3) any additional actions that the Director finds necessary and appropriate, including data breach analysis, fraud resolution services, identity theft insurance, and credit protection or monitoring services. ``(b) Required Agency Action.--The head of each agency shall ensure that actions taken in response to a breach of information security involving the disclosure of personally identifiable information under the authority or control of the agency comply with policies and procedures established by the Director of the Office of Management and Budget under subsection (a). ``(c) Report.--Not later than March 1 of each year, the Director of the Office of Management and Budget shall report to Congress on agency compliance with the policies and procedures established under subsection (a). ``(d) Federal Cybersecurity Center Defined.--The term `Federal cybersecurity center' means any of the following: ``(1) The Department of Defense Cyber Crime Center. ``(2) The Intelligence Community Incident Response Center. ``(3) The United States Cyber Command Joint Operations Center. ``(4) The National Cyber Investigative Joint Task Force. ``(5) Central Security Service Threat Operations Center of the National Security Agency. ``(6) The United States Computer Emergency Readiness Team. ``(7) Any successor to a center, team, or task force described in paragraphs (1) through (6). ``(8) Any center that the Director of the Office of Management and Budget determines is appropriate to carry out the requirements of this section.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter III of chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``3550. Privacy breach requirements.''. Passed the House of Representatives July 28, 2014. Attest: KAREN L. HAAS, Clerk.

Safe and Secure Federal Websites Act of 2014 - (Sec. 2) Prohibits a federal agency from deploying or making available to the public a new federal personally identifiable information website (new Federal PII Website) until the chief information officer of the agency submits a certification to Congress that the website is fully functional and secure, as those terms are defined by this Act. Defines "new Federal PII website" as a website that: (1) is operated by (or under contract with) an agency; (2) elicits, collects, stores, or maintains personally identifiable information (i.e., information that can be used to identify an individual, such as a social security number, a date and place of birth, a mother's maiden name, biometric records, or other information linked to an individual); and (3) is first made accessible to the public and collects or stores personally identifiable information on or after October 1, 2012. Exempts beta websites designed for testing and development if users execute an agreement acknowledging the risks involved. (Sec. 3) Directs the Director of the Office of Management and Budget (OMB) to establish and oversee policies and procedures for federal agencies to follow in the event of a breach of information security involving the disclosure of personally identifiable information, including: (1) notice, not later than 72 hours after discovery of a breach or possible breach, to individuals whose personally identifiable information could be compromised as a result of such breach; (2) timely reporting to a federal cyber security center designated by this Act; and (3) any additional actions that the Director finds necessary and appropriate. Requires: (1) agency heads to ensure that agency actions taken in response to a breach comply with OMB policies and procedures established by this Act; and (2) the OMB Director to report to Congress, not later than March 1 of each year, on agency compliance with such policies and procedures.

Safe and Secure Federal Websites Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America's Children Against Terrorism Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. (a) Public Health Measures To Protect Against Terrorism.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319G, the following: ``SEC. 319H. PUBLIC HEALTH MEASURES TO PROTECT AGAINST TERRORISM. ``(a) National Task Force on Children and Bioterrorism.-- ``(1) Establishment.--The Secretary shall establish a National Task Force on Children and Bioterrorism (referred to in this subsection as the `Task Force'). ``(2) Membership.--The Task Force shall be composed of-- ``(A) the Secretary and other officials of the Department determined appropriate by the Secretary; ``(B) the Director of the Federal Emergency Management Agency; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of Education; ``(E) child health experts on infectious disease, environmental health, and toxicology, who shall be appointed by the Secretary; ``(F) representatives of national children's health organizations, including the American Academy of Pediatrics and the National Association of Children's Hospitals, who shall be appointed by the Secretary; and ``(G) representatives of other relevant organizations determined appropriate by the Secretary. ``(3) Recommendations.--Not later than 60 days after the date of enactment of this section, the Task Force shall make recommendations to the Secretary concerning-- ``(A) an assessment of the preparedness of the health care system of the United States to respond to bioterrorism aimed at children and youth, including the readiness of public health institutions, providers of health care, and other emergency service personnel to detect, diagnose and respond to bioterrorist attacks affecting large numbers of children and youth; ``(B) needed changes to the health care and emergency medical services systems, including recommendations on research, training of health personnel, and changes to the National Pharmaceutical Stockpile Program to include the medical needs of children; and ``(C) national, regional, and local health care and emergency medical services protocols for dealing with mass casualties of children and youth resulting from bioterrorism. ``(b) Children and Terrorism Information Network.-- ``(1) Establishment.--The Secretary, acting through the Centers for Disease Control and Prevention, shall establish a Children and Terrorism Information Network to collect and disseminate to health providers (including children's hospitals and pediatric units of hospitals), community centers (including poison control centers), and schools (including school-based health clinics) up-to-date information on how to prepare for a biological or chemical terrorist attack and the steps that should be taken to ensure that children get the health care they need in the event of such an attack. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $10,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated under the preceding sentence shall remain available to carry out this section until expended. ``(c) National Pharmaceutical Stockpile Program.-- ``(1) In general.--The Secretary, acting through the Centers for Disease Control and Prevention, shall provide for the inclusion of supplies, equipment, and instructions as are appropriate for use with respect to children in push packs and Vendor Management Inventories under the National Pharmaceutical Stockpile Program. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $50,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated under the preceding sentence shall remain available to carry out this section until expended. ``(d) Securing Our Social Services Infrastructure To Support Children and Families.-- ``(1) In general.--The Secretary shall award grants to eligible entities to enable such entities to implement, develop, expand or increase the capacity of 2-1-1 call centers, or other universal hotlines, in order to connect the public to all available information hotlines, or call centers, developed in response to disaster and recovery efforts, as well as to connect the public to existing social services to provide needed help and support to children and families in crisis. ``(2) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- ``(A) be a non-profit organization working to implement, develop, expand, or increase the capacity of 2-1-1 call centers, or other universal hotlines in their State, region or locality; and ``(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, $10,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated under the preceding sentence shall remain available to carry out this section until expended.''. (b) Pediatric Studies.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended-- (1) by redesignating the second section 409C (relating to clinical research) and the second section 409D (relating to enhancement awards) as sections 409G and 409H, respectively; and (2) by inserting after section 409H (as so redesignated), the following: ``SEC. 409I. PEDIATRIC STUDIES OF DRUGS AND BIOLOGICS, INCLUDING VACCINES, USED TO PREVENT AND TREAT ILLNESSES AND INJURY CAUSED BY BIOLOGICAL OR CHEMICAL AGENTS USED IN WARFARE AND TERRORISM. ``(a) Publication of List.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall develop and maintain a secure and confidential list of drugs and biologics, including vaccines, that may be used to prevent and treat illnesses and injury caused by biological or chemical agents used in acts of warfare or terrorism and which require pediatric testing. ``(b) Testing Plan.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall develop a plan to-- ``(1) provide for the timely pediatric testing and labeling of the agents on the list developed under subsection (a) for the year involved; and ``(2) coordinate such testing and labeling program with activities conducted under existing laws and regulations concerning pediatric testing of drugs and biologics. ``(c) Contracts.--The Secretary may award contracts to entities that have the expertise to conduct pediatric clinical trials (including qualified universities, hospitals, laboratories, contract research organizations, federally funded programs such as pediatric pharmacology research units, other public or private institutions or, individuals) to enable such entities to conduct pediatric studies concerning drugs and biologics, including vaccines, that are used to prevent and treat illnesses and injuries caused by biological or chemical agents used in acts of warfare or terrorism. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $20,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated under the preceding sentence shall remain available to carry out this section until expended.''. (c) Training.--Subpart 2 of part E of title VII of the Public Health Service Act (42 U.S.C. 295 et seq.) is amended-- (1) in section 770(a), by inserting ``other than section 770A,'' after ``subpart,''; and (2) by adding at the end the following: ``SEC. 770A. TRAINING FOR PEDIATRIC ISSUES SURROUNDING BIOLOGICAL AND CHEMICAL AGENTS USED IN WARFARE AND TERRORISM. ``(a) Grants.--The Secretary, acting through the Director of Health Resources and Services Administration, shall award grants to eligible entities to enable such entities to-- ``(1) provide for the education and training of clinicians (including nurses) in the pediatric consequences, systems, and treatment of biological and chemical agents; and ``(2) assist in the development and distribution of accurate educational materials on the pediatric consequences, symptoms and treatment of biological or chemical agents. ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- ``(1) be a children hospital, a pediatric unit of a hospital, a professional organization, or any other entity that the Secretary determines to be appropriate; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $50,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated under the preceding sentence shall remain available to carry out this section until expended.''. SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following: ``SEC. 4124. SCHOOL EVACUATIONS, SAFE PLACES AND PARENTAL NOTIFICATIONS. ``(a) Recommendations and Models.--Not later than 60 days after the date of enactment of this section, the Secretary shall develop recommendations and models to assist communities in developing-- ``(1) school evacuation plans; ``(2) safe places for children to go in case of an attack on a school or individuals in the school; ``(3) partnerships with the medical community to ensure that children get the immediate care they need in the event of such an attack; and ``(4) procedures for notifying parents of evacuation plans and providing information on how and where to find their child or children in the event of such an attack. ``(b) Dissemination.--The Secretary shall ensure that the recommendations and models developed under subsection (a) are disseminated to local school districts throughout the United States, and, in coordination with the Secretary of Health and Human Services, to the health provider and public health communities. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $1,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated under the preceding sentence shall remain available to carry out this section until expended. ``SEC. 4125. MENTAL HEALTH SERVICES FOR CHILDREN AND THEIR CAREGIVERS. ``(a) Grants.--The Secretary, jointly with the Secretary of Health and Human Services, shall award grants to eligible entities to enable such entities to develop and implement a plan for the provision of comprehensive mental health services for children, school faculty, and child care providers who are affected by terrorist attacks, times of war, or other major crisis. ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- ``(1) be a local educational agency, a community-based organization, a community mental health organization, a professional organization, or a partnership of such entities; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $20,000,000 for fiscal year 2002, and such sums as may be necessary for each subsequent fiscal year. Amounts appropriated under the preceding sentence shall remain available to carry out this section until expended.''. SEC. 5. AMENDMENTS TO THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by inserting after section 410, the following: ``SEC. 411. CHILDREN'S ASSISTANCE. ``(a) Children's Coordinating Officer.--Upon a determination by the President that children have lost their custodial parent or parents in an area declared a disaster area by the President under this Act, the President shall appoint an individual to serve as a Children's Coordinating Officer for the area. Such Officer shall provide necessary support and assistance for such children to ensure their immediate care and transition to a permanent and loving family. ``(b) Functions.--A Children's Coordinating Officer appointed under subsection (a) shall partner with relevant Federal, State and local governmental agencies, and coordinate all efforts by community-based organizations, foundations, funds, or other organizations, to direct and coordinate the provision of assistance to children described in subsection (a). ``(c) Services.--A Children's Coordinating Officer appointed under subsection (a) shall ensure that children and their caregivers are provided with-- ``(1) immediate temporary care services; ``(2) counseling on long-term permanency planning; ``(3) legal services for guardianships and adoptions; ``(4) information on available services and assistance for the victims of the disaster; and ``(5) mental health services.''.

Protecting America's Children Against Terrorism Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish a Task Force on Children and Bioterrorism; (2) establish a Children and Terrorism Information Network; (3) provide for the inclusion of supplies, equipment, and instructions as are appropriate for use with respect to children in push packs and Vendor Management Inventories under the National Pharmaceutical Stockpile Program; (4) award grants concerning the implementation, development, expansion or increase in the capacity of 2-1-1 call centers, or other universal hotlines; (5) develop and maintain a secure and confidential list of drugs and biologics that may be used to prevent and treat illnesses and injury caused by biological or chemical agents; (6) award contracts for the conduct of pediatric clinical trials and studies concerning drugs and biologics that are used to prevent and treat illnesses and injuries caused by biological or chemical agents; and (7) award grants concerning training for pediatric issues surrounding biological and chemical agents used in warfare and terrorism.Amends the Elementary and Secondary Education Act of 1965 with respect to: (1) school evacuations, safe places and parental notifications; and (2) mental health services for children.Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to assisting children who have lost parents in a disaster.

A bill to protect children from terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm and Ranch Risk Management Act''. SEC. 2. FARM AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following: ``SEC. 468C. FARM AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business or commercial fishing, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Farm and Ranch Risk Management Account (hereinafter referred to as the `FARRM Account'). ``(b) Limitation.-- ``(1) Contributions.--The amount which a taxpayer may pay into the FARRM Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business or commercial fishing. ``(2) Distributions.--Distributions from a FARRM Account may not be used to purchase, lease, or finance any new fishing vessel, add capacity to any fishery, or otherwise contribute to the overcapitalization of any fishery. The Secretary of Commerce shall implement regulations to enforce this paragraph. ``(c) Eligible Businesses.--For purposes of this section-- ``(1) Eligible farming business.--The term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(2) Commercial fishing.--The term `commercial fishing' has the meaning given such term by section (3) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) but only if such fishing is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) FARRM Account.--For purposes of this section-- ``(1) In general.--The term `FARRM Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FARRM Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FARRM Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (A) or (B) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a FARRM Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FARRM Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FARRM Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business or commercial fishing, there shall be deemed distributed from the FARRM Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business or commercial fishing. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment on death). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FARRM Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a FARRM Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following: ``(4) a FARRM Account (within the meaning of section 468C(d)), or''. (2) Section 4973 of such Code is amended by adding at the end the following: ``(g) Excess Contributions to FARRM Accounts.--For purposes of this section, in the case of a FARRM Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FARRM Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (3) The section heading for section 4973 of such Code is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.''. (4) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following: ``(6) Special rule for farrm accounts.--A person for whose benefit a FARRM Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FARRM Account by reason of the application of section 468C(f)(3)(A) to such account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following: ``(E) a FARRM Account described in section 468C(d),''. (d) Failure To Provide Reports on FARRM Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following: ``(C) section 468C(g) (relating to FARRM Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following: ``Sec. 468C. Farm and Ranch Risk Management Accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming or commercial fishing business a deduction for any taxable year of up to 20 percent of taxable income attributable to the eligible farming or commercial fishing business which was paid in cash by the taxpayer to a Farm and Ranch Risk Management Account (FARRM Account).Includes distributions from a FARRM account in the taxpayer's gross income, and subjects to a special ten percent surtax any distributions not made within five years of contribution. Establishes a tax on excess contributions, but exempts the taxpayer from the tax on certain prohibited transactions.

To amend the Internal Revenue Code of 1986 to provide for Farm and Ranch Risk Management Accounts, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) More than 400,000 men and women from the United States served in uniform in the defense of liberty during World War I, among them 2 future presidents, Harry S. Truman and Dwight D. Eisenhower. (2) 2,000,000 individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas. (3) The United States suffered 375,000 casualties during World War I. (4) The events of 1914 through 1918 shaped the world, the United States, and the lives of millions of people in countless ways. (5) The centennial of World War I offers an opportunity for people in the United States to learn about the sacrifices of their predecessors. (6) Commemorative programs and activities allow people in the United States to gain a historical understanding of the type of conflicts that cause countries to go to war and how those conflicts are resolved. (7) Kansas City is home to America's National World War I Museum, as so recognized by Congress in section 1031(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2045). (8) America's National World War I Museum seeks-- (A) to preserve the history of World War I; and (B) to educate and enlighten people about this significant event, the consequences of which still affect the United States. (9) Kansas City is home to the national headquarters for the Veterans of Foreign Wars. (10) Missouri is the home State of General John Joseph Pershing, who commanded the American Expeditionary Forces in Europe during World War I. (11) The Kansas City area is the home of the Harry S. Truman Presidential Library and Museum. (12) The Dwight David Eisenhower Presidential Library and Museum is located close to Kansas City in the neighboring State of Kansas. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission, in Kansas City, Missouri, on the centennial of World War I to ensure a suitable observance of such centennial that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``World War I Centennial Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 24 members as follows: (A) Four members who shall be appointed by the Speaker of the House of Representatives. (B) Three members who shall be appointed by the minority leader of the House of Representatives. (C) Four members who shall be appointed by the majority leader of the Senate. (D) Three members who shall be appointed by the minority leader of the Senate. (E) Seven members who shall be appointed by the President from among persons who are broadly representative of the people of the United States (including members of the Armed Forces, veterans, and representatives of veterans service organizations). (F) One member who shall be appointed by the executive director of the Veterans of Foreign Wars of the United States. (G) One member who shall be appointed by the executive director of the American Legion. (H) One member who shall be appointed by the president of the Liberty Memorial Association. (2) Period of appointment.--Each member shall be appointed for the life of the Commission. (3) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (4) Initial meeting.-- (A) In general.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (B) Location.--The location for the meeting held under subparagraph (A) shall be America's National World War I Museum. (5) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chair. (B) Frequency.--The Chair shall call a meeting of the members of the Commission not less frequently than once each year. (C) Location.--Not less frequently than once each year, the Commission shall meet at America's National World War I Museum. (6) Quorum.--Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (7) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. SEC. 4. DUTIES. (a) In General.--The duties of the Commission are as follows: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States relating to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (5) To develop recommendations for Congress and the President for commemorating the centennial of World War I. (b) Reports.-- (1) Periodic report.--Beginning not later than the last day of the 3-month period beginning on the date described in section 9 and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. (2) Recommendations.--Not later than 2 years after the date described in section 9, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out the purposes of this Act. (b) Powers of Member and Agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take under this Act. (c) Information From Federal Agencies.--The Commission shall secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.-- (1) In general.--Except as provided in paragraph (2), the Commission is authorized-- (A) to procure supplies, services, and property; and (B) to make or enter into contracts, leases, or other legal agreements. (2) Limitation.--The Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Commission under section 7(a). (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (g) Gifts, Bequests, and Devises.-- (1) Acceptance by commission.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (2) Deposit and availability.--Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall de deposited in the Treasury of the United States and shall be available for disbursement upon order of the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (1) Compensation of members.--Members of the Commission shall serve without compensation for such service. (2) Travel expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions of title 5, United States Code. (3) Staff.-- (A) In general.--The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (B) Compensation.-- (i) In general.--Except as provided in clause (ii), the Chair of the Commission may fix the compensation of the executive director and other personnel appointed under subparagraph (A). (ii) Limitation.--The Chair of the Commission may not fix the compensation of the executive director or other personnel appointed under subparagraph (A) at a rate that exceeds the rate of payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (C) Work location.--If the city government for Kansas City, Missouri, and the Liberty Memorial Association make space available in the building in which the America's National World War I Museum is located, the executive director of the Commission and other personnel appointed under subparagraph (A) shall work in such building to the extent practical. (4) Detail of government employees.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Commission to assist it in carrying out its duties under this Act. (5) Procurement of temporary and intermittent services.-- The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 7. TERMINATION OF THE COMMISSION. (a) In General.--The Commission shall terminate on the earlier of-- (1) the date that is 30 days after the date the completion of the activities under this Act honoring the centennial observation of World War I; and (2) July 28, 2019. (b) Application of Federal Advisory Committee Act.-- (1) In general.--Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission under this Act. (2) Exception.--Section 14(a)(2) of such Act shall not apply to the Commission. SEC. 8. DEFINITIONS. In this Act: (1) America's national world war i museum.--The term ``America's National World War I Museum'' means the Liberty Memorial Museum in Kansas City, Missouri, as recognized by Congress in section 1031(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375; 118 Stat. 2045). (2) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 9. EFFECTIVE DATE. This Act takes effect on January 1, 2010.

Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop commemoration recommendations for Congress and the President.

A bill to establish the World War I Centennial Commission to ensure a suitable observance of the centennial of World War I, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeting Rogue and Opaque Letters Act of 2015''. SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH THE ASSERTION OF A UNITED STATES PATENT. (a) In General.--It shall be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for a person, in connection with the assertion of a United States patent, to engage in a pattern or practice of sending written communications that state or represent that the recipients are or may be infringing, or have or may have infringed, the patent and bear liability or owe compensation to another, if-- (1) the sender of the communications, in bad faith, states or represents in the communications that-- (A) the sender is a person with the right to license or enforce the patent at the time the communications are sent, and the sender is not a person with such a right; (B) a civil action asserting a claim of infringement of the patent has been filed against the recipient; (C) a civil action asserting a claim of infringement of the patent has been filed against other persons; (D) legal action for infringement of the patent will be taken against the recipient; (E) the sender is the exclusive licensee of the patent asserted in the communications; (F) persons other than the recipient purchased a license for the patent asserted in the communications; (G) persons other than the recipient purchased a license, and the sender does not disclose that such license is unrelated to the alleged infringement or the patent asserted in the communications; (H) an investigation of the recipient's alleged infringement occurred; or (I) the sender or an affiliate of the sender previously filed a civil action asserting a claim of infringement of the patent based on the activity that is the subject of the written communication when the sender knew such activity was held, in a final determination, not to infringe the patent; (2) the sender of the communications, in bad faith, seeks compensation for-- (A) a patent claim that has been held to be unenforceable due to inequitable conduct, invalid, or otherwise unenforceable against the recipient, in a final determination; (B) activities undertaken by the recipient after expiration of the patent asserted in the communications; or (C) activity of the recipient that the sender knew was authorized, with respect to the patent claim or claims that are the subject of the communications, by a person with the right to license the patent; or (3) the sender of the communications, in bad faith, fails to include-- (A) the identity of the person asserting a right to license the patent to, or enforce the patent against, the recipient, including the identity of any parent entity and the ultimate parent entity of such person, unless such person is a public company and the name of the public company is identified; (B) an identification of at least one patent issued by the United States Patent and Trademark Office alleged to have been infringed; (C) an identification, to the extent reasonable under the circumstances, of at least one product, service, or other activity of the recipient that is alleged to infringe the identified patent; (D) a description, to the extent reasonable under the circumstances, of how the product, service, or other activity of the recipient infringes an identified patent and patent claim; or (E) a name and contact information for a person the recipient may contact about the assertions or claims relating to the patent contained in the communications. (b) Affirmative Defense.--With respect to subsection (a), there shall be an affirmative defense that statements, representations, or omissions were not made in bad faith (as defined in subparagraphs (B) and (C) of section 5(1)) if the sender can demonstrate that such statements, representations, or omissions were mistakes made in good faith, which may be demonstrated by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (c) Rule of Construction.--For purposes of sections 3 and 4, the commission of an act or practice that is declared under this section to be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) shall be considered to be a violation of this section. SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Violation of Rule.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Effect on Other Laws.--Nothing in this Act shall be construed in any way to limit or affect the authority of the Commission under any other provision of law. SEC. 4. PREEMPTION OF STATE LAWS ON PATENT DEMAND LETTERS AND ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) Preemption.-- (1) In general.--This Act preempts any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of any State, or political subdivision of a State, expressly relating to the transmission or contents of communications relating to the assertion of patent rights. (2) Effect on other state laws.--Except as provided in paragraph (1), this Act shall not be construed to preempt or limit any provision of any State law, including any State consumer protection law, any State law relating to acts of fraud or deception, and any State trespass, contract, or tort law. (b) Enforcement by State Attorneys General.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been adversely affected by any person who violates section 2, the attorney general of the State, may bring a civil action on behalf of such residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further such violation by the defendant; or (B) to obtain civil penalties. (2) Maximum civil penalty.--Notwithstanding the number of actions which may be brought against a person under this subsection, a person may not be liable for a total of more than $5,000,000 for a series of related violations of section 2. (3) Intervention by the ftc.-- (A) Notice and intervention.--The attorney general of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of section 2, no State attorney general may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of such section alleged in the complaint. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. SEC. 5. DEFINITIONS. In this Act: (1) Bad faith.--The term ``bad faith'' means, with respect to section 2(a), that the sender-- (A) made knowingly false or knowingly misleading statements, representations, or omissions; (B) made statements, representations, or omissions with reckless indifference as to the false or misleading nature of such statements, representations, or omissions; or (C) made statements, representations, or omissions with awareness of the high probability of the statements, representations, or omissions to deceive and the sender intentionally avoided the truth. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Final determination.--The term ``final determination'' means, with respect to the invalidity or unenforceability of a patent, that the invalidity or unenforceability has been determined by a court of the United States or the United States Patent and Trademark Office in a final decision that is unappealable or for which any opportunity for appeal is no longer available.

. Targeting Rogue and Opaque Letters Act of 2015 (Sec. 2) This bill directs the Federal Trade Commission (FTC), and authorizes state attorneys general, to enforce against written communications (commonly referred to as demand letters) that represent in bad faith that the recipient bears liability or owes compensation for infringing an asserted patent. The pattern or practice of sending such bad faith demand letters shall be treated as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. The bill sets forth the types of bad faith representations, assertions of legal action, claims of a sender holding an exclusive license, compensation requests, or omissions that are considered to be unfair or deceptive. The bill provides an affirmative defense if the sender can show that statements, representations, or omissions were mistakes made in good faith, which may be demonstrated by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (Sec. 3) The bill provides the FTC with authority to enforce against violations. (Sec. 4) The bill preempts state or local laws expressly relating to the transmission or contents of communications regarding the assertion of patent rights. But the bill shall not be contrued to limit any other state laws, including those relating to consumer protection, fraud, deception, trespass, contracts, or torts. State attorneys general may bring civil actions in federal court to enjoin violations or obtain civil penalties for violations of this bill. The maximum civil penalty for which a person may be liable for a series of related violations is $5 million.

Targeting Rogue and Opaque Letters Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Modernization and Consumer Protection Act''. SEC. 2. REPLACEMENT PROGRAMS FOR HIGH-RISK NATURAL GAS PIPELINES. (a) Findings.--Congress finds that-- (1) Federal requirements related to repairing pipeline leaks are limited to ``hazardous'' leaks, which are leaks that represent an existing or probable hazard to persons or property and require immediate repair; (2) there are no Federal requirements to address slower or less hazardous leaks, which can allow the leaks to persist unrepaired indefinitely; (3) in States without a standard definition and methodology for calculating unaccounted-for gas (the difference between the amount of gas purchased by a utility and the amount used or sold to customers), data inconsistencies may be pervasive and these inconsistencies hinder the ability of regulators to monitor gas system and utility performance; (4) the cost of leaked or otherwise unaccounted-for natural gas in the distribution system is typically passed on to ratepayers without limitation as an accepted cost of service, which removes financial incentive for utilities to minimize the leaks; (5) methane, the primary constituent of natural gas, is a greenhouse gas at least 20 times more potent than carbon dioxide; (6) according to the Pipeline and Hazardous Materials Safety Administration, the United States natural gas distribution system still includes 61,000 miles of bare steel pipe without adequate corrosion protection and 32,000 miles of cast iron pipe, which was installed beginning in the 1830s and can be prone to failure; (7) major recent pipeline explosions that led to human fatalities, including those in Austin, Texas, Philadelphia, Pennsylvania, and Allentown, Pennsylvania, have been traced to aging, leaking, and high-risk pipeline infrastructure; (8) natural gas distribution utilities may be discouraged from making capital expenditures for the replacement of leaking and failure-prone pipelines because traditional ratemaking structures may not allow for cost recovery on a timely basis; and (9) according to the Pipeline and Hazardous Materials Safety Administration, the natural gas pipeline replacement programs established as part of the ratemaking process in 27 States and the District of Columbia have played a vital role in enhancing public safety by better ensuring the prompt rehabilitation, repair, or replacement of high-risk natural gas distribution infrastructure. (b) Natural Gas Distribution Companies.-- (1) In general.--Chapter 601 of title 49, United States Code, is amended by inserting after section 60112 the following: ``Sec. 60112A. Replacement programs for high-risk natural gas pipelines ``(a) Definition of Gas Pipeline Facility.--In this section, the term `gas pipeline facility' includes-- ``(1) a distribution facility; and ``(2) a gas utility. ``(b) In General.--Each operator of a gas pipeline facility shall, in accordance with an integrity management program required under section 60109 of this title, if applicable, accelerate the repair, rehabilitation, and replacement of gas piping or equipment that-- ``(1) is leaking; or ``(2) may pose high risks of leaking, or may no longer be fit for service, because of-- ``(A) inferior materials; ``(B) poor construction practices; ``(C) lack of maintenance; or ``(D) age. ``(c) Policy Options.-- ``(1) In general.--In complying with subsection (b), each State regulatory authority and each nonregulated gas utility shall consider-- ``(A) developing prioritized timelines to repair all leaks based on the severity of the leak, including non-hazardous leaks, or replace identified leaking or high-risk piping or equipment, including leaks identified as part of an integrity management plan developed under section 192.1007 of title 49, Code of Federal Regulations, if applicable; ``(B) adopting a cost-recovery program that includes-- ``(i) replacement plans with targets and benchmarks for leaking or high-risk infrastructure replacement; ``(ii) consideration of the economic, safety, and environmental benefits of reduced gas leakage, including consideration of reduced operation and maintenance costs and reduced costs attributable to lost or unaccounted-for natural gas; and ``(iii) reporting on the reductions in lost or unaccounted-for gas as a result of pipeline replacements; ``(C) adopting a standard definition and methodology for calculating and reporting unaccounted- for gas to improve data quality; ``(D) adopting limits on cost recovery for lost and unaccounted-for gas; and ``(E) requiring use of best available technology to detect gas leaks.''. (2) Technical and conforming amendment.--The table of sections for chapter 601 of title 49, United States Code, is amended by inserting after the item relating to section 60112 the following: ``60112A. Replacement programs for high-risk natural gas pipelines.''. (c) Non-Binding Guidelines for Identifying and Classifying High- Risk Pipeline Infrastructure.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall, after consultation with State regulatory authorities, the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Federal Energy Regulatory Commission, and other appropriate Federal agencies, and after notice and opportunity for comment, issue non-binding guidelines identifying best practices under section 60112A of title 49, United States Code (as added by subsection (b)). (2) Preserving the integrity of actions already taken by state regulatory authorities.--In formulating guidelines under paragraph (1), the Administrator of the Pipeline and Hazardous Materials Safety Administration shall, to the extent practicable, preserve the integrity of, and be guided by, actions already taken by State regulatory authorities to ensure proper identification, classification, and timely repair of high-risk pipeline infrastructure and leaks, including actions taken after consideration of the standard under section 303(b)(6) of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)(6)). (3) Revision of guidelines.--Not less frequently than once every 7 years, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall review and, as appropriate, revise the guidelines issued under paragraph (1) to reflect changes in the composition and safety performance of the pipeline infrastructure in the United States. SEC. 3. DATA STANDARDIZATION. (a) In General.--Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies shall, in consultation with State and local agencies under subsection (c), work jointly to establish and publish forms that adopt a standard definition and methodology for calculating and reporting unaccounted- for gas, including, when possible, information on the causes of unaccounted-for gas and the quantities associated with each cause, for use by applicable Federal agencies to standardize the data collected on unaccounted-for gas. (b) Administration.--In carrying out this section, the Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies may-- (1) establish an interagency working group; and (2) enter into a memorandum of understanding. (c) Consultation With State and Local Agencies.--The Administrator of the Pipeline and Hazardous Materials Safety Administration and the heads of other applicable Federal agencies shall offer to work with State and local regulatory authorities to adopt a standard definition and methodology for calculating and reporting unaccounted-for gas to standardize the data collected by Federal, State, and local governments.

Pipeline Modernization and Consumer Protection Act Requires each operator of a gas pipeline facility, in accordance with an integrity management program, if applicable, to accelerate the repair, rehabilitation, and replacement of gas piping or equipment that is leaking or may pose high risk of leaking. Requires each state regulatory authority and each nonregulated gas utility, in complying with such requirements, to: develop prioritized timelines to repair or replace all leaking or high-risk piping or equipment, and require use of best available technology to detect gas leaks. Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to issue non-binding best practices guidelines for identifying and classifying high-risk pipeline infrastructure and leaks for repair or replacement. Directs the Administrator and the heads of other applicable federal agencies to work jointly to establish and publish forms that adopt a standard definition and methodology for calculating and reporting information on the causes of unaccounted-for gas.

Pipeline Modernization and Consumer Protection Act

SECTION 1. REQUIREMENTS BEFORE THE PRESIDENT MAY ISSUE AN ORDER. (a) Definitions.--In this Act, the term-- (1) ``benefit'' means the reasonably identifiable significant favorable effects, quantifiable and nonquantifiable, including social, health, safety, environmental, economic, and distributional effects, that are expected to result from implementation of, or compliance with, an order; (2) ``cost'' means the reasonably identifiable significant adverse effects, quantifiable and nonquantifiable, including social, health, safety, environmental, economic, and distributional effects, that are expected to result from implementation of, or compliance with, an order; (3) ``cost benefit analysis'' means an evaluation of the costs and benefits of an order, quantified to the extent feasible and appropriate and otherwise qualitatively described, that is prepared at the level of detail appropriate and practicable for reasoned decisionmaking on the matter involved, taking into consideration uncertainties, the significance and complexity of the decision, and the need to adequately inform the public; and (4) ``order'' means any Executive order, proclamation, or other written directive that-- (A) is issued by the President; and (B) subject to subsection (b)(1)-- (i) is not based solely on an authority under article II of the United States Constitution; and (ii) is based on a statutory authority. (b) Authority for Orders.-- (1) Orders.--Subsection (a)(4)(B) shall not apply with respect to the term ``order'' as used in this subsection. (2) Authority.--The President may only issue an order if such order is authorized under a provision of the United States Constitution or expressly authorized by statute. (c) Requirements.--Subject to subsection (d), before issuing an order, the President shall-- (1) cite in the order all constitutional and statutory provisions that authorize the order; (2) conduct a cost benefit analysis of the order; (3) publish the order and the cost benefit analysis of the order in the Federal Register; and (4) provide for a period of no less than 30 days after the publication under paragraph (3), for public comment before the order takes effect. (d) Orders With Classified Information.-- (1) Inapplicability.--Subsection (c) (3) and (4) shall not apply to an order that includes classified information. (2) Requirement.--Before issuing an order that includes classified information, the President shall submit a copy of the order to the President pro tempore of the Senate and the Speaker of the House of Representatives no less than 30 days before the order takes effect. (e) Effect of Noncompliance.--Any order that is not in compliance with this section shall have no force and effect. (f) Application to Prior Orders.--An order in effect before the effective date of this Act shall have no force and effect on and after the date that occurs 1 year after such effective date, unless the President reissues such order in compliance with subsections (c) and (d). (g) Judicial Review.-- (1) Jurisdiction of district courts.--The district courts of the United States shall have jurisdiction of any civil action arising under this Act. (2) Standing.--The following persons may bring a civil action in an appropriate district court of the United States to challenge an order that is not in compliance with this Act: (A) Congress and members of congress.--The Senate, the House of Representatives, any Senator, and any Representative to the House of Representatives. (B) State and local governments.--The highest governmental official of any State, commonwealth, district, territory, or possession of the United States, or any political subdivision thereof, or the designee of such person. (C) Aggrieved persons.--Any person aggrieved in a liberty or property interest adversely affected directly by an order that is not in compliance with this Act. (3) Appeal and expedited review.-- (A) Appeal to supreme court.--An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a district court in any civil action that the court exercised jurisdiction under paragraph (1). (B) Expedited review.--The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to under subparagraph (A), advance the appeal on the docket, and expedite the appeal to the greatest extent possible. (h) Effective Date.--This Act shall take effect 60 days after the date of enactment of this Act.

Requires the President, before issuing an order, to: (1) cite all constitutional and statutory provisions that authorize the order; (2) conduct and publish in the Federal Register a cost benefit analysis of the order; and (3) provide no less than 30 days after publication for public comment before the order takes effect. Sets forth special requirements respecting orders that include classified information. States that any order that is not compliance with this Act shall have no force and effect. Provides that an order in effect before this Act's effective date shall have no force or effect one year after such effective date unless the President reissues such order in compliance with the requirements of this Act. Sets forth provisions governing civil actions challenging an order not in compliance with this Act and judicial review thereof.

A bill to require that before issuing an order, the President shall cite the authority for the order, conduct a cost benefit analysis, provide for public comment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Frontline Health Care Act of 2015''. SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) by redesignating the second subpart XI (as added by section 10333 of Public Law 111-148) as subpart XII; (2) by redesignating the second section 340H (as added by such section 10333) as section 340I; and (3) by adding at the end the following: ``Subpart XIII--Frontline Health Care Services ``SEC. 340J. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. ``(a) In General.--The Secretary shall establish and carry out a Frontline Providers Loan Repayment Program (in this section referred to as the `Loan Repayment Program') under which, pursuant to contracts in accordance with this section-- ``(1) the Secretary agrees to make student loan repayments; and ``(2) the individual agrees to serve as a health professional for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area. ``(b) Eligibility.--To be eligible to participate in the Loan Repayment Program, an individual must-- ``(1) submit an application to participate in the Loan Repayment Program in such form and manner and at such time as specified by the Secretary; and ``(2) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (d)). ``(c) Participation in Program.-- ``(1) In general.--An individual becomes a participant in the Loan Repayment Program only upon the approval of the Secretary of the individual's application submitted under subsection (b)(1) and the Secretary's acceptance of the contract submitted by the individual under subsection (b)(2). ``(2) Preference.--In awarding contracts under this section, the Secretary shall give preference to applicants who have undertaken training or coursework in interdisciplinary studies. ``(3) Recruitment for interdisciplinary programs.--The Secretary shall-- ``(A) determine the frontline care scarcity areas in which to place contract recipients under this section; and ``(B) in making such determination, give preference to areas with a demonstrated program of interdisciplinary health care, or with demonstrated plans to initiate interdisciplinary approaches to community health care. ``(4) Notice.--The Secretary shall provide written notice to an individual promptly upon the Secretary's approving, under paragraph (1), of the individual's participation in the Loan Repayment Program. ``(d) Contract.--The contract described in this subsection is a written contract between the Secretary and an individual that contains-- ``(1) an agreement that-- ``(A) the Secretary agrees to provide the individual with student loan repayment (described in subsection (e)) for a period of time as determined by the Secretary, to pay off debts incurred during the course of the study or program described in subsection (g)(2)(B); and ``(B) the individual agrees-- ``(i) to accept provision of such a student loan repayment to the individual; and ``(ii) to provide frontline care services for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area; ``(2) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for student loan repayment under this section; ``(3) a statement of the damages to which the United States is entitled, under subsection (f), for the individual's breach of the contract; and ``(4) such other statements as the Secretary deems appropriate of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this section. ``(e) Student Loan Repayment.-- ``(1) Amount.--The amount of an annual student loan repayment under this section on behalf of an individual shall be determined by the Secretary, and shall take into consideration the need to pay a sufficient amount to enable recruiting of health care providers into the loan repayment program under this section. ``(2) Payments directly to loan provider.--The Secretary may contract with an individual's loan provider, for the payment to the loan provider, on behalf of the individual, of the amounts of a student loan repayment described in paragraph (1). ``(f) Breach of Contract.--If an individual breaches a written contract under this section by failing to begin such individual's service obligation, or to complete such service obligation, the United States shall be entitled to recover from the individual an amount that is equal to the sum of-- ``(1) the total amount which has been paid to the individual, or on behalf of the individual, under the contract; and ``(2) any amount of interest, as determined by the Secretary. ``(g) Definitions.--In this section: ``(1) The term `frontline care scarcity area' means an area, population group, or facility that-- ``(A) is designated as a health professional shortage area under section 332; or ``(B) is designated by the State in which the area is located as having a shortage of frontline care services. ``(2) The term `frontline care services' means health care services-- ``(A) in the field of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology; and ``(B) provided by a general surgeon, optometrist, ophthalmologist, chiropractor, physical therapist, audiologist, speech language pathologist, pharmacist, public health professional, podiatric physician, registered dietician, occupational therapist, pediatrician, respiratory therapist, medical technologist, otolaryngologist, or radiologic technologist who has completed an appropriate course of study or program, offered by an accredited institution of higher education in the United States. ``(h) Implementation.--The Secretary shall begin implementation of the loan repayment program under this section within 180 days of the date of the enactment of this section.''.

Access to Frontline Health Care Act of 2015 This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program under which HHS makes student loan repayments in exchange for a health professional providing frontline care services for two years in a frontline care scarcity area. Frontline care services include surgery, optometry, physical therapy, pharmacies, public health, dietetics, occupational therapy, pediatrics, and medical technology. Frontline care scarcity areas are federal health professional shortage areas and areas, populations, or facilities designated by a state as having a shortage of frontline care services.

Access to Frontline Health Care Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Security in Retirement Act of 2008''. SEC. 2. SUSPENSION OF MINIMUM DISTRIBUTION REQUIREMENTS FOR INTERESTS NOT GREATER THAN $300,000. (a) In General.--In the case of an eligible defined contribution plan of an individual, sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of 1986 shall not apply with respect to such individual for any year during the suspension period to the extent such individual's interest in all such plans as of December 31, 2008, is not greater than $300,000. (b) Suspension Period.--For purposes of this section, the term ``suspension period'' means the period beginning on January 1, 2008, and ending on December 31, 2009. (c) Eligible Defined Contribution Plan.--For purposes of this section, the term ``eligible defined contribution plan'' means-- (1) a defined contribution plan (within the meaning of section 414(i) of such Code) which is-- (A) an employee's trust described in section 401(a) of such Code which is exempt from tax under section 501(a) of such Code, (B) an annuity plan described in section 403(a) of such Code, (C) an annuity contract described in section 403(b) of such Code, and (D) an eligible deferred compensation plan described in section 457(b) of such Code which is maintained by an eligible employer described in section 457(e)(1)(A) of such Code, and (2) an individual retirement plan (as defined in section 7701(a)(37) of such Code). (d) Special Rules.-- (1) Exception for 5-year rule.--In the case of a distribution required under section 401(a)(9)(B)(ii) of such Code, subsection (a) shall not apply. (2) Delay in required minimum distribution for 2008.--The required minimum distribution for 2008 (if any) with respect to any eligible defined contribution plan of an individual-- (A) shall be determined on the basis of the individual's interest in such plan determined as of December 31, 2008, and (B) shall be treated as timely made if such distribution is made before April 1, 2009. (3) Aggregation of employer plans.-- (A) In general.--A plan shall not be treated as disqualified merely because the plan treats the aggregate interest of the individual in all plans maintained by the employer (and any member of any controlled group which includes the employer) as such individual's interest in all eligible defined contribution plans. (B) Controlled group.--For purposes of subparagraph (A), the term ``controlled group'' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of such Code. (4) Exemption of distributions during suspension period from trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of such Code, any distribution during the suspension period which, but for subsection (a), would have been a required distribution under section 401(a)(9) of such Code shall not be treated as an eligible rollover distribution. (e) Regulations.--The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out the purposes of this section, including rules providing for the allocation of the $300,000 amount described in subsection (a) in the case of an individual with an interest in more than 1 defined contribution plan. (f) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to this section or pursuant to any regulation issued by the Secretary of the Treasury to carry out this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2009. (B) Conditions.--This subsection shall not apply to any amendment unless-- (i) during the period beginning on the first day of the suspension period and ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted) the plan or contract is operated as if such plan or contract amendment were in effect, and (ii) such plan or contract amendment applies retroactively for such period. (g) Effective Date.--This section shall take effect on the date of the enactment of this Act.

Financial Security in Retirement Act of 2008 - Suspends, for calendar 2008 and 2009, minimum distribution requirements for up to $300,000 of an individual's interest in all eligible defined contribution plans as of December 31, 2008.

To suspend for 2008 and 2009 the required minimum distribution requirements with respect to certain defined contribution plans to the extent the interest of an individual in such plans does not exceed $300,000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire Safe Communities Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Fire hazard area.--The term ``fire hazard area'' means an area at significant risk from wildland fire as determined by-- (A) the applicable State forestry agency or equivalent State agency; or (B) the Under Secretary. (2) Fire safe community.--The term ``fire safe community'' means-- (A) a subdivision of a State that has adopted a national wildland fire code, standard, or ordinance; or (B) a municipality at risk that has adopted local ordinances that-- (i) are consistent with more than one of the elements set out in paragraph (4)(C)(ii); and (ii) the Under Secretary determines provide generally accepted levels of fire protection. (3) Municipality at risk.--The term ``municipality at risk'' means a subdivision of a State that is located in, or contains, a fire hazard area. (4) National wildland fire code, standard, or ordinance.-- The term ``national wildland fire code, standard, or ordinance'' means-- (A) the most recent publication of National Fire Protection Association code number 1141, 1142, or 1144; (B) the most recent publication of the International Wildland-Urban Interface Code of the International Code Council; or (C) any other code which-- (i) the Under Secretary determines provides the same, or better, standards for protection against wildland fire as a code described in subparagraph (A) or (B); and (ii) may include-- (I) specifications for construction materials and techniques for use in municipalities at risk; (II) guidelines for the placement of utilities, defensible space, and vegetation management; (III) enforcement mechanisms for compliance with defensible space requirements; (IV) zoning and site design standards for new residential construction, including the width and placement of surrounding fuel breaks and description of unsafe areas to locate new homes, such as the top of highly dangerous canyons that funnel wildfire heat; (V) specifications for water supplies for firefighting; (VI) requirements for adequate firefighting protection, including requirements for fire stations and equipment; (VII) guidelines for the participation of fire professionals in the development of local fire protection models; (VIII) standards for the protection of roads and bridges; (IX) standards for the egress capacities of roads and bridges; (X) guidelines for the marking of buildings and homes; and (XI) requirements for the replacement of combustible roofing material on existing homes. (5) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Federal Emergency Management of the Department of Homeland Security. SEC. 3. ADDITIONAL FIRE MANAGEMENT ASSISTANCE GRANTS FOR FIRE SAFE COMMUNITIES. (a) In General.--The Under Secretary may reduce the amount of the share of non-Federal funds required by the Fire Management Assistance Grant Program to 10 percent of the grant amount for a municipality at risk if such municipality has adopted a-- (1) national wildland fire code, standard, or ordinance; or (2) local ordinance, standard, or code that requires the retrofit of existing construction that provides for increased protection for the municipality from the threat of wildfire, such as a requirement to replace combustible roofing material used in existing structures. (b) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Under Secretary shall publish in the Federal Register a final rule that includes a definition of the term ``local ordinance, standard, or code that requires the retrofit of existing construction that provides for increased protection for the municipality from the threat of wildfire'' as used in subsection (a)(2). (c) Fire Management Assistance Grant Program Defined.--In this section, the term ``Fire Management Assistance Grant Program'' means the fire management assistance grant program carried out pursuant to section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187). SEC. 4. GRANTS FOR RESPONSIBLE DEVELOPMENT. (a) In General.--Subject to the availability of funds for this purpose, the Under Secretary shall award grants to municipalities at risk-- (1) to encourage responsible development in such municipalities; (2) to mitigate the catastrophic effects of fires; and (3) to encourage the retrofit of existing wildfire-prone structures. (b) Use of Funds.--Grants awarded under this section may be used as follows: (1) To enforce requirements related to hazardous fuel reduction or brush clearing requirements on private land. (2) To enforce requirements related to residential construction or the code-inspection of new and existing construction with respect to wildland fire. (3) To award subgrants to be used for the replacement of combustible roofs with roofs made of non-combustible roofing material, or for enclosing eaves according to the standards recommended. (4) To carry out programs to educate community planners and zoning officials on historic wildfire patterns and fire- resistant community planning. (c) Maximum Grant Amount.--The amount of a grant awarded under this section may not exceed $1,000,000. (d) Applications.-- (1) In general.--An application for a grant under this section shall be made at such time and in such manner as the Under Secretary shall require. (2) Matching requirement.-- (A) In general.--Subject to subparagraph (B), the Under Secretary shall require that a person awarded a grant under this section for a purpose described in subsection (a) provide non-Federal funds in an amount equal to 25 percent of the amount of such grant for such purpose. (B) Waiver.--The Under Secretary may waive the requirement of subparagraph (A) in extraordinary circumstances. (3) Review.--Applications for grants under this section shall be reviewed by a panel of individuals who-- (A)(i) are fire protection experts; or (ii) have significant expertise in fire management, fire policy, community planning, or issues related to a fire hazard area; and (B) are appointed by the Under Secretary. (4) Priority.--The panel under paragraph (3) shall give priority to the application for a grant under this section of a municipality at risk that has adopted an ordinance that requires the mandatory replacement of combustible roofing materials on existing structures. (e) Availability of Funds.--A grant awarded under this section shall be expended not later than 3 years after the date the grant is awarded. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2009 and each fiscal year thereafter. SEC. 5. FOREST SERVICE AND DEPARTMENT OF THE INTERIOR GRANTS. Section 10A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``and the Secretary of the Interior'' after ``The Secretary''; and (ii) by striking ``State foresters and equivalent State officials'' and inserting ``State foresters, equivalent State officials, and local officials''; (B) in paragraph (3)-- (i) by striking ``trees and forests'' and inserting ``trees, forests, and rangelands''; and (ii) by inserting ``and rangeland'' after ``overall forest''; and (C) in paragraph (4)-- (i) by inserting ``and rangeland'' after ``all forest''; and (ii) by inserting ``and other vegetation'' after ``forest cover''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking ``wildfires.'' and inserting ``wildfires; and''; and (iii) by adding at the end the following new subparagraph: ``(E) to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building codes, property maintenance codes, and brush clearing ordinances.''; (B) by amending paragraph (2) to read as follows: ``(2) Administration and implementation.--The Program shall be-- ``(A) administered by the Chief of the Forest Service and the Secretary of the Interior; and ``(B) implemented through State foresters or equivalent State officials.''; (C) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``Secretary,'' and inserting ``Secretary and the Secretary of the Interior,''; (ii) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively; and (iii) by inserting after subparagraph (E) the following: ``(F) programs to build the capacity of local governments to design and maintain fire-resistant communities;''; (D) in paragraph (4), by inserting ``or the Secretary of the Interior'' after ``by the Secretary''; and (E) in paragraph (5), by inserting ``and the Secretary of the Interior'' after ``The Secretary''; (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (4) by inserting after subsection (b), the following new subsection (c): ``(c) Pilot Program for Fire Safe Communities To Coordinate Across Jurisdictional Boundaries.-- ``(1) Authority.--The Secretary and the Secretary of the Interior may carry out a pilot program to assess the feasibility and advisability of awarding grants to fire safe communities located near Federal land to assist in Federal efforts to prevent and manage fires. ``(2) Use of grant funds.--A grant awarded under the pilot program may be used as follows: ``(A) To implement or enforce local ordinances consistent with a nationally recognized wildland fire code, standard, or ordinance. ``(B) To complete cooperative fire agreements that articulate the roles and responsibilities for Federal, State, and local government entities in local wildfire suppression and protection. ``(C) To develop or implement community wildfire protection plans to better focus resources to address priority areas for hazardous fuels reduction projects. ``(D) To expand education programs to raise the awareness of homeowners and citizens of wildland fire protection practices. ``(E) To implement training programs for firefighters on wildland firefighting techniques and mitigation strategies. ``(F) To acquire equipment to facilitate wildland fire preparedness and mitigation. ``(3) Matching requirement.-- ``(A) In general.--Subject to subparagraph (B), a person awarded a grant under the pilot program to assist in Federal efforts to prevent and manage fires shall provide non-Federal funds in an amount equal to 25 percent of the amount of such grant for such purpose. ``(B) Waiver.--The Secretary or the Secretary of the Interior may waive the requirements of subparagraph (A) in extraordinary circumstances. ``(4) Fire safe community defined.--In this subsection, the term `fire safe community' has the meaning given that term in section 2 of the Fire Safe Communities Act of 2009.''; (5) in subsection (d), as redesignated by paragraph (3), by inserting ``and the Secretary of the Interior'' after ``section, the Secretary''; and (6) in subsection (e), as redesignated by paragraph (3)-- (A) in the matter preceding paragraph (1), by striking ``to the Secretary''; (B) in paragraph (1), by striking ``and'' at the end; and (C) by striking paragraph (2) and inserting the following: ``(2) to the Secretary-- ``(A) $35,000,000 for each of fiscal years 2009 through 2013; and ``(B) such sums as are necessary for each fiscal year thereafter; and ``(3) to the Secretary of the Interior-- ``(A) $15,000,000 for each of fiscal years 2009 through 2013; and ``(B) such sums as are necessary for each fiscal year thereafter.''.

Fire-Safe Communities Act of 2009 - Authorizes the Under Secretary for Federal Emergency Management of the Department of Homeland Security (DHS) to reduce the amount of the share of nonfederal funds required by the Fire Management Assistance Grant Program to 10% of the grant amount for a municipality at risk if such municipality has adopted: (1) a national wildland fire code, standard, or ordinance; or (2) a local ordinance, standard, or code that requires the retrofit of existing construction that provides for increased protection for the municipality from the threat of wildfire, such as a requirement to replace combustible roofing material used in existing structures. Directs the Under Secretary to award grants to municipalities at risk to: (1) encourage responsible development in such municipalities; (2) mitigate the catastrophic effects of fires; and (3) encourage the retrofit of existing wildfire-prone structures. Limits grant awards to $1 million. Directs the Under Secretary to require that a person awarded a grant provide nonfederal funds equal to 25% of the grant amount for the purpose of the award. Amends the Cooperative Forestry Assistance Act of 1978 to: (1) include as a purpose of the Community and Private Land Fire Assistance Program to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building codes, property maintenance codes, and brush clearing ordinances; and (2) authorize a pilot program to assess the feasibility and advisability of awarding grants to fire-safe communities located near federal land to assist in federal efforts to prevent and manage fires.

A bill to promote fire safe communities and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability and Flexibility Associated With Spending on Transportation Act of 2005''. SEC. 2. TRANSPORTATION FUNDING FLEXIBILITY. (a) Highway Bridge Program.--Section 144(g)(1) of title 23, United States Code, is amended by adding at the end the following: ``(D) Funding Flexibility.--If a State is provided funds under subparagraph (A) for a project described in subparagraph (A), the State may use all or any portion of such funds to carry out such project or any other project eligible for assistance under this section that the State designates.''. (b) Projects of National and Regional Significance.--Section 1301 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) is amended by adding at the end the following: ``(n) Funding Flexibility.--If a State is provided funds under this section for a project described in the table contained in subsection (m), the State may use all or any portion of such funds to carry out such project or any other project eligible for assistance under this section that the State designates.''. (c) National Corridor Infrastructure Improvement Program.--Section 1302 such Act is amended by adding at the end the following: ``(f) Funding Flexibility.--If a State is provided funds under this section for a project described in the table contained in subsection (e), the State may use all or any portion of such funds to carry out such project or any other project eligible for assistance under this section that the State designates.''. (d) High Priority Projects Program.--Section 117 of title 23, United States Code, is amended by adding at the end the following: ``(i) Funding Flexibility.--If a State is provided funds under this section for a project described in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59), the State may use all or any portion of such funds to carry out such project or any other project eligible for assistance under the surface transportation program in section 133 that the State designates.''. (e) Transportation Improvements.--Section 1934 of such Act is amended by adding at the end the following: ``(d) Funding Flexibility.--If a State is provided funds under this section for a project described in the table contained in subsection (c), the State may use all or any portion of such funds to carry out such project or any other project eligible for assistance under the surface transportation program in section 133 of title 23, United States Code, that the State designates.''. (f) Projects for Bus and Bus-Related Facilities and Clean Funds Grant Program.--Section 3044 of such Act is amended by adding at the end the following: ``(d) Funding Flexibility.--If a recipient is provided funds under this section or section 5308 of title 49, United States Code, or both, for a project described in the table contained in subsection (a), the recipient may use all or any portion of such funds to carry out such project or any other project eligible for assistance under this section or section 5308 of such title, other than a project to fund any operations of buses or bus-related facilities.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that State departments of transportation should take project descriptions in section 144(g)(1)(A) of title 23, United States Code, and in the tables contained in sections 1301, 1302, 1702, 1934, and 3044 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) into consideration if such projects involve improving transportation safety. SEC. 4. ACROSS-THE-BOARD RESCISSIONS. (a) Fiscal Year 2006.-- (1) In general.--On September 30, 2006, there is rescinded $4,718,047,269 of the unobligated balances of funds apportioned before such date to the States for the Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation (other than the STP set-aside programs), metropolitan planning, minimum guarantee, Appalachian development highway system, recreational trails, safe routes to school, freight intermodal connectors, coordinated border infrastructure, high risk rural road, high priority projects, and transportation improvements programs and each of the STP set-aside programs. (2) Allocation among states.--The Secretary shall determine each State's share of the amount to be rescinded by paragraph (1) by multiplying $4,718,047,269 by the ratio of the aggregate amount apportioned to such State for fiscal year 2006 for all the programs referred to in paragraph (1) to the aggregate amount apportioned to all States for such fiscal year for those programs. (3) Calculations.--To determine the allocation of the amount to be rescinded for a State under paragraph (2) among the programs referred to in paragraph (1), the Secretary of Transportation shall make the following calculations: (A) The Secretary shall multiply such amount to be rescinded by the ratio that the aggregate amount of unobligated funds available to the State on September 30, 2006, for each such program bears to the aggregate amount of unobligated funds available to the State on September 30, 2006, for all such programs. (B) The Secretary shall multiply such amount to be rescinded by the ratio that the aggregate of the amount apportioned to the State for each such program for fiscal year 2006 bears to the aggregate amount apportioned to the State for all such programs for fiscal year 2006. (4) Allocation among programs.-- (A) In general.--The Secretary, in consultation with the State, shall rescind for the State from each program referred to in paragraph (1) the amount determined for the program under paragraph (3)(A). (B) Special rule.-- (i) Restoration of funds for covered programs.--If the rescission calculated under paragraph (3)(A) for a covered program exceeds the amount calculated for the covered program under paragraph (3)(B), the State shall immediately restore to the apportionment account for the covered program from the unobligated balances of programs referred to in paragraph (1) (other than covered programs) the amount of funds required so that the net rescission from the covered program does not exceed the amount calculated for the covered program under paragraph (3)(B). (ii) Treatment of restored funds.--Any funds restored under clause (i) shall be deemed to be the funds that were rescinded for the purposes of obligation. (C) Covered program defined.--In subparagraph (B), the term ``covered program'' means a program authorized under sections 130 and 152 of title 23, United States Code, paragraph (2) or (3) of section 133(d) of that title, section 144 of that title, section 149 of that title, or section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59). (5) Limitation on recalculation of equity bonus program.-- Notwithstanding any other provision of law, the amounts determined, and the amounts allocated, under section 105 of title 23, United States Code, for fiscal year 2006 shall not be recalculated to take into account a rescission made pursuant to this subsection. (6) STP set-aside program defined.--In this subsection, the term ``STP set-aside program'' means the amount set aside under section 133(d) of title 23, United States Code, for each of transportation enhancement activities and the division between urbanized areas of over 200,000 population and other areas. (b) Fiscal Year 2007, 2008, and 2009.-- (1) In general.--Subject to paragraph (2), there is rescinded 10 percent of each amount authorized to be appropriated for each of fiscal years 2007, 2008, and 2009 by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59), including any amendment made by such Act, and including any amount authorized to be appropriated for the equity bonus program under section 105 of title 23, United States Code, but excluding any amount authorized to be appropriated for the highway safety improvement program. (2) Timing.--A rescission made by paragraph (1) of an amount authorized to be appropriated for a fiscal year shall take affect on October 1 of such fiscal year before any apportionment or allocation of such amount and before such amount is subject to any set aside or subtraction. (3) Limitation on recalculation of equity bonus program.-- Notwithstanding any other provision of law, the amounts determined, and the amounts allocated, under section 105 of title 23, United States Code, for a fiscal year shall not be recalculated to take into account a rescission made by this subsection. (c) September 30, 2009.--Section 10212 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) is amended in subsection (a) by inserting after ``high risk rural road,'' the following: ``high priority projects, transportation improvements,''. (d) Reports.--Not later than the 60th day following the date of each rescission made by subsection (a) or (b), the Secretary of Transportation, in consultation with the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress a report containing the amount rescinded for each program referred to in subsection (a) and the amount rescinded for each program or activity for which there is a rescission made by subsection (b).

Accountability and Flexibility Associated With Spending on Transportation Act of 2005 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to allow a state to use its specified transportation improvement program (TIP) project allocation for any other eligible transportation project the state may designate. Expresses the sense of Congress that state departments of transportation should take project descriptions in certain set-aside bridge program projects and specified TIP projects under SAFETEA-LU into consideration if such projects involve improving transportation safety. Rescinds for FY2006 a specified amount of state unobligated balances of funds for the Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation (other than the STP set-aside programs), metropolitan planning, minimum guarantee, Appalachian development highway system, recreational trails, safe routes to school, freight intermodal connectors, coordinated border infrastructure, high risk rural road, high priority projects, and TIPs and each of the STP set-aside programs. Rescinds 10% of amounts appropriated for FY2007-FY2009 by SAFETEA-LU (including the equity bonus program), but excluding amounts appropriated for the highway safety improvement program.

To amend Public Law 109-59 to provide additional transportation flexibility and to rescind certain amounts of Federal funding.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science Prize Competitions Act''. SEC. 2. AMENDMENTS TO PRIZE COMPETITIONS. Section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) is amended-- (1) in subsection (c)-- (A) by inserting ``competition'' after ``section, a prize''; (B) by inserting ``types'' after ``following''; and (C) in paragraph (4), by striking ``prizes'' and inserting ``prize competitions''; (2) in subsection (f)-- (A) by striking ``in the Federal Register'' and inserting ``on a publicly accessible Government website, such as www.challenge.gov,''; and (B) in paragraph (4), by striking ``prize'' and inserting ``cash prize purse''; (3) in subsection (g), by striking ``prize'' and inserting ``cash prize purse''; (4) in subsection (h), by inserting ``prize'' before ``competition'' both places it appears; (5) in subsection (i)-- (A) in paragraph (1)(B), by inserting ``prize'' before ``competition''; (B) in paragraph (2)(A), by inserting ``prize'' before ``competition'' both places it appears; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Waiver.--An agency may waive the requirement under paragraph (2). The annual report under subsection (p) shall include a list of such waivers granted during the preceding fiscal year, along with a detailed explanation of the reasons for granting the waivers.''; (6) in subsection (k)-- (A) in paragraph (2)(A), by inserting ``prize'' before ``competition''; and (B) in paragraph (3), by inserting ``prize'' before ``competitions'' both places it appears; (7) in subsection (l), by striking all after ``may enter into'' and inserting ``a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competition, subject to the provisions of this section.''; (8) in subsection (m)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--Support for a prize competition under this section, including financial support for the design and administration of a prize competition or funds for a cash prize purse, may consist of Federal appropriated funds and funds provided by private sector for-profit and nonprofit entities. The head of an agency may accept funds from other Federal agencies, private sector for-profit entities, and nonprofit entities, to be available to the extent provided by appropriations Acts, to support such prize competitions. The head of an agency may not give any special consideration to any private sector for-profit or nonprofit entity in return for a donation.''; (B) in paragraph (2), by striking ``prize awards'' and inserting ``cash prize purses''; (C) in paragraph (3)(A)-- (i) by striking ``No prize'' and inserting ``No prize competition''; and (ii) by striking ``the prize'' and inserting ``the cash prize purse''; (D) in paragraph (3)(B), by striking ``a prize'' and inserting ``a cash prize purse''; (E) in paragraph (3)(B)(i), by inserting ``competition'' after ``prize''; (F) in paragraph (4)(A), by striking ``a prize'' and inserting ``a cash prize purse''; and (G) in paragraph (4)(B), by striking ``cash prizes'' and inserting ``cash prize purses''; (9) in subsection (n), by inserting ``for both for-profit and nonprofit entities,'' after ``contract vehicle''; (10) in subsection (o)(1), by striking ``or providing a prize'' and insert ``a prize competition or providing a cash prize purse''; and (11) in subsection (p)(2)-- (A) in subparagraph (C), by striking ``cash prizes'' both places it occurs and inserting ``cash prize purses''; and (B) by adding at the end the following new subparagraph: ``(G) Plan.--A description of crosscutting topical areas and agency-specific mission needs that may be the strongest opportunities for prize competitions during the upcoming 2 fiscal years.''. Passed the House of Representatives May 19, 2015. Attest: KAREN L. HAAS, Clerk.

Science Prize Competitions Act Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding prize competitions, allowing an agency to waive liability insurance requirements for participants. Allows an agency to enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit as well as a nonprofit entity (as under current law) to administer a prize competition. Permits the use of funds from private sector for-profit entities to support a prize competition. Prohibits an agency from giving special consideration to any private sector for-profit entity in return for a donation. Limits the use of federal funds to those made available by appropriations Acts.

Science Prize Competitions Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Business Center Act of 2009''. SEC. 2. VETERANS BUSINESS CENTER PROGRAM. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended-- (1) in subsection (f), by inserting ``(other than subsections (g), (h), and (i))'' after ``this section''; and (2) by adding at the end the following: ``(g) Veterans Business Center Program.-- ``(1) In general.--The Administrator shall establish a Veterans Business Center program within the Administration to provide entrepreneurial training and counseling to veterans in accordance with this subsection. ``(2) Director.--The Administrator shall appoint a Director of the Veterans Business Center program, who shall implement and oversee such program and who shall report directly to the Associate Administrator for Veterans Business Development. ``(3) Designation of veterans business centers.--The Director shall establish by regulation an application, review, and notification process to designate entities as veterans business centers for purposes of this section. The Director shall make publicly known the designation of an entity as a veterans business center and the award of a grant to such center under this subsection. ``(4) Funding for veterans business centers.-- ``(A) Initial grants.--The Director is authorized to make a grant (hereinafter in this subsection referred to as an `initial grant') to each veterans business center each year for not more than 5 years in the amount of $200,000. ``(B) Growth funding grants.--After a veterans business center has received 5 years of initial grants under subparagraph (A), the Director is authorized to make a grant (hereinafter in this subsection referred to as a `growth funding grant') to such center each year for not more than 3 years in the amount of $150,000. After such center has received 3 years of growth funding grants, the Director shall require such center to meet performance benchmarks established by the Director to be eligible for growth funding grants in subsequent years. ``(5) Center responsibilities.--Each veterans business center receiving a grant under this subsection shall use the funds primarily on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. ``(6) Matching funds.--Each veterans business center receiving a grant under this subsection shall be required to provide a non-Federal match of 50 percent of the Federal funds such center receives under this subsection. The Director may issue to a veterans business center, upon request, a waiver from all or a portion of such matching requirement upon a determination of hardship. The Director may waive the matching funds requirement under this paragraph with respect to veterans business centers that serve communities with a per capita income less than 75 percent of the national per capita income and an unemployment rate at least 150 percent higher than the national average. ``(7) Targeted areas.--The Director shall give priority to applications for designations and grants under this subsection that will establish a veterans business center in a geographic area, as determined by the Director, that is not currently served by a veterans business center and in which-- ``(A) the population of veterans exceeds the national median of such measure; or ``(B) the population of veterans of Operation Iraqi Freedom or Operation Enduring Freedom exceeds the national median of such measure. ``(8) Training program.--The Director shall develop and implement, directly or by contract, an annual training program for the staff and personnel of designated veterans business centers to provide education, support, and information on best practices with respect to the establishment and operation of such centers. The Director shall develop such training program in consultation with veterans business centers, the interagency task force established under subsection (c), and veterans service organizations. ``(9) Inclusion of other organizations in program.--Upon the date of the enactment of this subsection, each Veterans Business Outreach Center established by the Administrator under the authority of section 8(b)(17) and each center that received funds during fiscal year 2006 from the National Veterans Business Development Corporation established under section 33 and that remains in operation shall be treated as designated as a veterans business center for purposes of this subsection and shall be eligible for grants under this subsection. ``(10) Rural areas.--The Director shall submit annually to the Administrator a report on whether a sufficient percentage, as determined by the Director, of veterans in rural areas have adequate access to a veterans business center. If the Director submits a report under this paragraph that does not demonstrate that a sufficient percentage of veterans in rural areas have adequate access to a veterans business center, the Director shall give priority during the 1-year period following the date of the submission of such report to applications for designations and grants under this subsection that will establish veterans business centers in rural areas. ``(11) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $12,000,000 for fiscal year 2010 and $14,000,000 for fiscal year 2011. ``(h) Additional Grants Available to Veterans Business Centers.-- ``(1) Access to capital grant program.-- ``(A) In general.--The Director of the Veterans Business Center program shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing specialized programs to assist veteran-owned small businesses to secure capital and repair damaged credit. ``(ii) Providing informational seminars on securing loans to veteran-owned small businesses. ``(iii) Providing one-on-one counseling to veteran-owned small businesses to improve the financial presentations of such businesses to lenders. ``(iv) Facilitating the access of veteran- owned small businesses to both traditional and non-traditional financing sources. ``(v) Providing one-on-one or group counseling to owners of small business concerns who are members of the reserve components of the armed forces, as specified in section 10101 of title 10, United States Code, to assist such owners to effectively prepare their small businesses for periods when such owners are deployed in support of a contingency operation. ``(vi) Developing specialized programs to assist unemployed veterans to become entrepreneurs. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(2) Procurement assistance grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Assisting veteran-owned small businesses to identify contracts that are suitable to such businesses. ``(ii) Preparing veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through training and business advisement, particularly with respect to the construction trades. ``(iii) Providing veteran-owned small businesses technical assistance with respect to the Federal procurement process, including assisting such businesses to comply with Federal regulations and bonding requirements. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(3) Service-disabled veteran-owned small business grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing outreach programs for service-disabled veterans to promote self- employment opportunities. ``(ii) Providing training to service- disabled veterans with respect to business plan development, marketing, budgeting, accounting, and merchandising. ``(iii) Assisting service-disabled veteran- owned small businesses to locate and secure business opportunities. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(i) Veterans Entrepreneurial Development Summit.-- ``(1) In general.--The Director of the Veterans Business Center program is authorized to carry out an event, once every two years, for the purpose of providing networking opportunities, outreach, education, training, and support to veterans business centers funded under this section, veteran- owned small businesses, veterans service organizations, and other entities as determined appropriate for inclusion by the Director. Such event shall include education and training with respect to improving outreach to veterans in areas of high unemployment. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $450,000 for fiscal years 2010 and 2011. ``(j) Inclusion of Surviving Spouses.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(2) The term `veteran-owned small business' includes a small business owned by a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(k) Inclusion of Reserve Components.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a member of the reserve components of the Armed Forces as specified in section 10101 of title 10, United States Code. ``(2) The term `veteran-owned small business' includes a small business owned by a member of the reserve components of the Armed Forces as specified in section 10101 of title 10, United States Code.''. SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE. Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: ``(4) Report.--The Administrator shall submit to Congress biannually a report on the appointments made to and activities of the task force.''. SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. The Comptroller General shall carry out a study on the effects of this Act and the amendments made by this Act on small business concerns owned and controlled by veterans and submit to Congress a report on the results of such study. Such report shall include the recommendations of the Comptroller General with respect to how this Act and the amendments made by this Act may be implemented to more effectively serve small business concerns owned and controlled by veterans.

Veterans Business Center Act of 2009 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans. Requires the Director to establish a program of grants to centers that will develop specialized programs to assist veteran-owned small businesses in securing capital and repairing damaged credit, counsel on how to improve financial presentations, facilitate access to financing, and assist unemployed veterans become entrepreneurs. Requires the Director to establish a program of grants to centers to: (1) assist veteran-owned small businesses to identify contracts that are suitable to such businesses; (2) prepare veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009, particularly with respect to the construction trades; and (3) provide veteran-owned small businesses technical assistance with respect to the federal procurement process. Requires the Director to establish a program of grants to centers to develop outreach programs for service-disabled veterans to promote self-employment opportunities and to train and assist such veterans with respect to developing business plans and securing business opportunities. Authorizes the Director to carry out a veterans entrepreneurial development summit. Requires an annual report from the Administrator to Congress on appointments made to, and activities of, the interagency task force on veteran-owned small businesses. Directs the Comptroller General to carry out a study of the effects of this Act on small businesses owned and controlled by veterans.

A bill to amend the Small Business Act to establish a Veterans Business Center program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Monroe Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) James Monroe was the only United States President besides George Washington to have actively served in the regular military during the Revolutionary War. (2) James Monroe-- (A) participated in the Battles of Harlem Heights and White Plains; (B) crossed the Delaware River in advance of George Washington; (C) was seriously wounded at the Battle of Trenton and cited for conspicuous gallantry; (D) wintered with the Continental Army at Valley Forge; and (E) subsequently participated in the Battles of Brandywine, Germantown and Monmouth. (3) James Monroe served at the State level in the Virginia House of Delegates and served 4 times as the Governor of Virginia. (4) James Monroe served at the national level as a member of the Continental Congress, United States Senator, Minister to France (negotiating the Louisiana Purchase), Minister to Spain, Minister to England, Secretary of War, and Secretary of State (he was the only person to ever hold those 2 posts simultaneously, defending the Nation during the War of 1812), and finally as President of the United States from 1817-1825. (5) James Monroe's accomplishments as President included the purchase of Florida, limiting the expansion of slavery, the admission of Maine and Missouri as States, and the promulgation of principles that became known as the ``Monroe Doctrine'' on December 2, 1823, expanding the concept of hemispheric independence beyond the United States--truly making him one of the most important figures in our Nation's history. (6) The bicentennial of the election of James Monroe as President will occur in 2016, an election which ushered in what has been known since as the ``Era of Good Feelings''. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the bicentennial of the election of James Monroe to the first of 2 terms as President of the United States of America, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $50 gold coins.--Not more than 20,000 $50 gold coins which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain 1 troy ounce of fine gold. (2) $1 silver coins.--Not more than 275,000 $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. (3) Half dollar clad coins.--Not more than 500,000 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) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of President James Monroe and his immeasurable contributions to the United States. (2) Obverse.--The obverse of the coins minted under this Act shall bear the side profile image of President James Monroe based upon Rembrandt Peale's 1830 portrait which the James Monroe Memorial Foundation donated to The Commonwealth of Virginia in 1964. (3) Reverse.--The reverse of the coins minted under this Act shall bear the image of the Monroe birthplace as drawn by the Colonial Williamsburg Foundation based on the 1830 drawing published as an etching. (4) Designations 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 ``2016''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) be selected by the Secretary, after consultation with the James Monroe Memorial Foundation and the Commission of Fine Arts; and (2) be 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 Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2016. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $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 promptly paid by the Secretary to the James Monroe Memorial Foundation for use for the following purposes: (1) Development of the reconstructed birthplace of the 5th President, associated farm buildings, and a visitor and education center at the James Monroe Birthplace in Westmoreland County, Virginia. (2) Continuing support of that facilities described in paragraph (1), including the acquisition of land originally owned by the Monroe Family. (3) Supporting education programs about President James Monroe, the Monroe Doctrine, including an online library. (4) Collecting and preserving artifacts and historical items related to President Monroe, the Monroe Doctrine, and his era which was known as ``The Era of Good Feelings''. (c) Audits.--The James Monroe Memorial Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by such Foundation under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

James Monroe Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $50 gold coins, $1 silver coins, and half-dollar clad coins in commemoration of the bicentennial of the election of President James Monroe, the fifth President of the United States. Authorizes the issuance of such coins only during the one-year period beginning on January 1, 2016. Requires all sales of coins minted under this Act to include specified surcharges and requires such surcharges to be promptly paid to the James Monroe Memorial Foundation.

To require the Secretary of the Treasury to mint coins in commemoration of President James Monroe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``African Higher Education Expansion and Improvement Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The demand for higher education in Africa has been increasing at very high rates and is rapidly overtaking the capacity of current infrastructure and staffing capability. (2) Africa's challenges in higher education are substantial and have important social, economic, and stability dimensions. (3) Despite increasing enrollments, sub-Saharan Africa's gross enrollment ration is just 5 percent as compared to 11 percent in India, 20 percent in China, and 70 percent in high income countries. (4) On average, institutions of higher education in Africa have only about 70 percent of the staff required by their programs; staff development, nurturing and retention are important elements of higher education programming. (5) In 2005, only 28 percent of African University graduates completed their degrees in science and technology (STEM) fields--agriculture, engineering, health sciences, general sciences. (6) African higher education institutions have addressed many critical development challenges in collaboration with regional and international counterparts, such as the United Nations, the International Agricultural Research Centres, and bilateral and regional assistance agencies. (7) Higher education has expanded to provide more opportunities for advanced education to graduates of the secondary school systems and it has sought new ways to achieve university collaboration across national and regional boundaries. (8) Africa has made important strides as public universities have doubled from roughly 100 to 200 from 1990 to 2007 and private tertiary institutions have increased from around 24 to an estimated 468 during this same period. (9) Historically, sub-Saharan Africa was marked by several centers of excellence in higher education. Linked to former European sponsors, institutions such as Makerere University in Uganda, Kenyatta University in Kenya, Cheik Anta Diop University, Senegal, and the University of Ibadan in Nigeria graduated scholars and professionals that were highly prized around the globe and that served the interests of their respective nations well. (10) These universities serve as ``centres of excellence'' that also have major positive impacts on other universities in their respective regions, and are currently making substantial progress in regaining their national and international prominence. (11) Increasing rates of higher education in developing countries is a critical component to long-term economic growth and stability and poverty reduction. (12) Estimates indicate that a 1-year increase in tertiary education stock would raise steady-state levels of African Gross Domestic Product per capita by 12.2 percent due to factor inputs, potentially boosting incomes by 3 percent after 5 years. (13) Studies of 17 countries found that individuals with higher education levels were more likely to engage in entrepreneurial activity, and more educated entrepreneurs created larger numbers of jobs than less educated entrepreneurs. (14) Research has found a positive and statistically significant correlation between higher education enrollment rates and governance indicators, including absence of corruption, higher stands of rule of law, absence of ethnic tensions, increased bureaucratic quality, low risk of repudiation of contracts by governments, and low risk of appropriation abuse. (15) A cadre of skilled, educated Africans is a necessary component to addressing every sector of development, whether it be poverty alleviation and economic growth, combating disease, improving governance, or rule of law and human rights, but such a cadre does not currently exist in large enough numbers to truly effect a sea-change in these areas in most of the countries in the region. (16) Exchange programs which bring Africans to developed countries for training, while an essential component of building intellectual capacity in Africa, will not by themselves reach enough students and scholars to have a transformational effect on African institutions of higher education. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) support for primary and secondary education is vitally important to development in sub-Saharan Africa and such support should be increased; (2) the United States and other donors must respond to the increased need for qualified teachers and demand for access to higher education created by expanded access to primary and secondary education on the continent by providing commensurate assistance to colleges and universities in sub-Saharan Africa; (3) partnerships between United States colleges and universities and colleges and universities in sub-Saharan Africa represent an important means through which access to quality tertiary education; (4) members of the African Diaspora have a crucial role to play in improving the capacity of African colleges and universities; (5) the international donor community must help build indigenous intellectual capacity in sub-Saharan Africa in order to expand and enhance the ability of Africans to achieve economic growth, improve social and political stability, and to address such challenges as the HIV/AIDS pandemic, climate change, conflict and governance; and (6) the United States must commit to providing long-term assistance to build the capacity of higher education institutions in sub-Saharan Africa aimed at improving administrative capacity, physical infrastructure and curriculum to provide high quality education in fields such as the social, natural, biological, agricultural, life, computer and health sciences; technology; business; engineering; mathematics; economics; and education; and improve the ability of institutions in sub-Saharan Africa to support and produce effective research, as well as higher numbers of better trained undergraduate, graduate and post-graduate students and professionals to respond to the many challenges facing the region. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to provide long-term assistance to expand, improve, support, and promote higher education in Africa by building the capacity of African colleges and universities, through partnerships with colleges and universities in the United States to expand opportunities for students to obtain high quality undergraduate- and graduate-level degrees, as well as post-graduate training, at African colleges and universities. SEC. 5. ASSISTANCE TO EXPAND AND IMPROVE HIGHER EDUCATION IN SUB- SAHARAN AFRICA. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 105 the following new section: ``SEC. 105A. ASSISTANCE TO EXPAND AND IMPROVE HIGHER EDUCATION IN SUB- SAHARAN AFRICA. ``(a) Authorization.--The President, acting through the Director, is authorized to provide long-term assistance to expand, improve, support, and promote higher education in sub-Saharan Africa. ``(b) Activities Supported.--Assistance provided under subsection (a) shall, to the maximum extent practicable, be used to-- ``(1) build the capacity of sub-Saharan African colleges and universities in the areas of-- ``(A) professional and academic training and faculty development and technical expertise with particular emphasis on mentoring and retention of young and new faculty; ``(B) development and strengthening of educational administrative capacity; ``(C) undergraduate, graduate, and graduate curricula development; ``(D) improving infrastructure of academic facilities; and ``(E) technical capacity, especially in the areas of research and institutional development; ``(2) establish, expand, and promote linkages and partnerships between African colleges and universities and United States colleges and universities, with special attention to the inclusion of historically Black colleges and universities in the United States; ``(3) assist with efforts to recruit and retain women as students, faculty, and administrators at African colleges and universities; and ``(4) establish an American University in West Africa. ``(c) Director of Assistance To Support and Promote Higher Education in Sub-Saharan Africa.-- ``(1) In general.--Not later than 60 days after the date of the enactment of this section, the Administrator shall designate a Director of Assistance to Support and Promote Higher Education in Sub-Saharan Africa, who shall report directly to the Administrator, and who shall to carry out the responsibilities described in paragraph (2). ``(2) Responsibilities.--The responsibilities referred to in paragraph (1) include-- ``(A) ongoing consultations with African governments, particularly ministries of education, regional organizations, and relevant educational institutions, teachers unions, and education and educators' organizations with respect to carrying out the activities described in subsection (b); ``(B) providing long-term assistance under subsection (a) to administer and support the activities described in subsection (b); and ``(C) coordinating with other bureaus with in the Agency, with other relevant United States Government agencies, with the United States and African private sectors, with the higher education community in the United States, and with other bilateral and multilateral donors to maximize the gains and impact of activities carried out under subsection (b)(1). ``(3) Plan.--No later than one year after the enactment of this section, the Director shall submit to the Administrator a plan to establish an American University in West Africa. In developing the plan, the Director shall-- ``(A) review existing international American University models in other countries, such as the American University in Cairo, the American University in Beruit, the American University in Nigeria, and others; ``(B) consult relevant local African nongovernmental organizations, political and civic leaders, private and higher education sectors, and other stakeholders; ``(C) identify potential sources for sustainable funding including foundations, the private sector, and other local, national, and multilateral donors; ``(D) identify key principles and features that would distinguish the American University in West Africa from existing institutions in the region for transforming the region's social and economic development through institutional and capacity building; ``(E) develop a process and criteria for site selection, including an assessment of national legal framework for new universities, whereupon the institution shall be known as the American university in country name; and ``(F) outline a process for implementation. ``(d) Sub-Saharan African Higher Education Advisory Board.-- ``(1) Establishment.--There is hereby established within the Agency a Sub-Saharan African Higher Education Advisory Board. ``(2) Membership.-- ``(A) Number and appointment.--The Board shall be composed of members appointed by the Administrator in consultation with the Speaker and the minority leader of the House of Representatives and the majority and minority leaders of the Senate. ``(B) Qualifications.--The members of the Board shall be individuals from the private sector, three of whom shall have demonstrable knowledge of Africa, the field of higher education or higher education in Africa, three of whom shall be from higher education institutions from Africa from a list submitted by the Association of African Universities, and one of whom shall be a president of an historically Black college or university in the United States. ``(3) Duties.--The Board shall-- ``(A) advise and assist the Director in carrying out the responsibilities described in this section; ``(B) not less than twice a year, meet with senior officials of the Agency in order to fulfill the duty described in subparagraph (A); and ``(C) once a year, submit to the Director and Administrator a report, which shall be made publicly available, which-- ``(i) describes and evaluates the implementation of this section for the preceding year; and ``(ii) evaluates the implementation of this section for the preceding year, including the extent to which-- ``(I) the requirement of subsection (b)(2) with respect to participation of historically Black colleges and universities in the United States was met; and ``(II) the requirement of subsection (b)(3) was met. ``(e) Public Private Partnerships.--The Director and the Board shall make every effort to leverage resources from the private sector in carrying out the responsibilities described in this section. ``(f) Reports to Congress.-- ``(1) Initial report.--Not later than 1 year after the date of the enactment of this section, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains-- ``(A) benchmarks for measuring the long-term impact of activities carried out under this section; ``(B) a proposal for enhancing opportunities for the African Diaspora to engage in activities to improve the capacity, on either an on-going or short-term basis, of colleges and universities in their country of origin; and ``(C) plans for specific interventions to support the recruitment and retention of young and new professors, scholars, and researchers at African colleges and universities that identifies barriers to their recruitment and retention and details programmatic interventions undertaken to overcome such barriers. ``(2) Annual report.--Not later than 1 year after the date of transmission of the initial report under paragraph (1), and every year thereafter through fiscal year 2014, the President shall transmit to the congressional committees specified in paragraph (1) a report that contains a description of the activities carried out under this section for the preceding fiscal year and the progress made toward achieving the benchmarks outlined in the initial report, and any program adjustments undertaken to improve efforts to achieve those benchmarks. ``(g) Definitions.--In this section-- ``(1) the term `Administrator' means the Administrator of the Agency; ``(2) the term `Agency' means the United States Agency for International Development; ``(3) the term `Board' means the Sub-Saharan African Higher Education Advisory Board established pursuant to subsection (d); ``(4) the term `Director' means the Director of Assistance to Support and Promote Higher Education in Sub-Saharan Africa designated pursuant to subsection (c); and ``(5) the term `higher education' means post-secondary undergraduate, graduate, and postgraduate academic training. ``(h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2010 through 2014. Of the amount appropriated pursuant to the authorization of appropriations under this subsection for a fiscal year, such sums as may be necessary are authorized to be provided for planning the Africa University in West Africa and such sums as may be necessary for initial start up of the University.''.

African Higher Education Expansion and Improvement Act of 2009 - Expresses the sense of Congress regarding the importance to the development of sub-Saharan Africa of support for the improvement of primary, secondary, and higher education in that region. States that it is this country's policy to provide Africa with long-term assistance to improve the capacity of its institutions of higher education (IHEs) through partnerships with our IHEs. Amends the Foreign Assistance Act of 1961 to authorize the President to provide long-term assistance to sub-Saharan Africa that improves higher education by: (1) building the capacity of IHEs in sub-Saharan Africa; (2) building linkages and partnerships between sub-Saharan IHEs and our IHEs; (3) assisting efforts to recruit and retain women as students, faculty, and administrators; and (4) establishing an American University in West Africa. Requires the Administrator of the U.S. Agency for International Development (USAID) to designate a Director of Assistance to Support and Promote Higher Education in Sub-Saharan Africa, who is to carry out such activities. Establishes a Sub-Saharan African Higher Education Advisory Board within USAID, which is appointed by the Administrator and composed of individuals from the private sector who have the requisite experience with Africa and higher education to assist the Director. Urges the Director and the Board to make every effort to leverage resources from the private sector in carrying out their responsibilities.

To amend the Foreign Assistance Act of 1961 to provide assistance to expand, improve, support, and promote higher education in the countries of sub-Saharan Africa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oversight Commission on Presidential Capacity Act''. SEC. 2. ESTABLISHMENT. There is established a commission in the legislative branch to be known as the ``Oversight Commission on Presidential Capacity'' (in this Act referred to as the ``Commission''). The Commission shall serve as the body provided by law by Congress to carry out section 4 of the 25th Amendment to the Constitution of the United States. SEC. 3. DUTY OF COMMISSION. (a) In General.--If directed by Congress pursuant to section 5, the Commission shall carry out a medical examination of the President to determine whether the President is mentally or physically unable to discharge the powers and duties of the office, as described under subsection (b). (b) Determination.--The determination under subsection (a) shall be made if the Commission finds that the President is temporarily or permanently impaired by physical illness or disability, mental illness, mental deficiency, or alcohol or drug use to the extent that the person lacks sufficient understanding or capacity to execute the powers and duties of the office of President. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members, appointed as follows: (1) Two members appointed by the majority leader of the Senate. (2) Two members appointed by the minority leader of the Senate. (3) Two members appointed by the Speaker of the House of Representatives. (4) Two members appointed by the minority leader of the House of Representatives. (5) Two members-- (A) one of whom is appointed jointly by the two appointing individuals under paragraphs (1) through (4) who are members of, or caucus with, the Democratic party; (B) one of whom is appointed jointly by the two appointing individuals under paragraphs (1) through (4) who are members of, or caucus with, the Republican party; and (C) each of whom has served as President, Vice President, Secretary of State, Attorney General, Secretary of the Treasury, Secretary of Defense, or Surgeon General. (6) One member, to serve as Chair of the Commission, appointed by simple majority vote of the 10 members appointed under paragraphs (1) through (5). (b) Criteria for Appointment.-- (1) In general.--Each member appointed to the Commission under paragraphs (1) through (4) of subsection (a) shall be a physician. Of the two members appointed by each individual under such paragraphs, one shall be a physician with a specialty in psychiatry. The Chair shall be either a physician or an individual appointed under paragraph (5) of subsection (a), or both. (2) Limitations.--A member appointed under subsection (a) may not, at the time the member is appointed or serving as a member on the Commission, be-- (A) an elected official to any Federal, State, or local office; (B) an employee (as that term is defined in section 2105 of title 5, United States Code, including any employee of the United States Postal Service or the Postal Regulatory Commission); or (C) a member of the Armed Forces, including reserve components thereof. (3) Physician defined.--In this subsection, the term ``physician'' means a doctor of medicine licensed to practice medicine, surgery, or osteopathy in a State. (c) Travel Expenses.--Each member 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. (d) Terms.-- (1) In general.--Each member shall be appointed for a term of 4 years. A member may serve after the expiration of that member's term until a successor has taken office. (2) Appointment.--Each member shall be appointed during the period beginning on the date that a Presidential election is held and ending on the date that is 30 days after such election date. (3) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made, not later than 30 days after the vacancy occurs. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. SEC. 5. EXAMINATION OF THE PRESIDENT. (a) In General.--A concurrent resolution described in this subsection is a concurrent resolution directing the Commission to conduct an examination of the President to determine whether the President is incapacitated, either mentally or physically, the title of which is ``Directing the Oversight Commission on Presidential Capacity to conduct an examination of the President'', and the text of which consists solely of a directive to the Commission to conduct the examination. (b) Procedures.--The provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of a concurrent resolution described in subsection (a) in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (c) Special Rules.--For purposes of applying subsection (b) with respect to such provisions, the following rules shall apply: (1) Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on the Judiciary of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on the Judiciary of the Senate. (2) Any reference in subsection (c) to a ``20-day period'' shall be deemed a reference to a ``48-hour period''. (3) Any reference in subsection (d) to ``the third day'' shall be deemed a reference to ``the first day''. (4) Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which a Member of Congress introduced a concurrent resolution described in subsection (a). (d) Examination.--Not later than 72 hours after the adoption by Congress of the concurrent resolution described in subsection (a), the Commission shall conduct the examination described under such subsection. SEC. 6. REPORT. (a) In General.--Not later than 72 hours after completing the examination under section 4(d), and notwithstanding the HIPAA privacy regulations (as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-9(b)(3))), the Commission shall submit a report to the Speaker of the House of Representatives and the President pro tempore of the Senate describing the findings and conclusions of the examination. (b) Consideration.--Any refusal by the President to undergo such examination shall be taken into consideration by the Commission in reaching a conclusion in the report under subsection (a).

Oversight Commission on Presidential Capacity Act This bill establishes in the legislative branch an Oversight Commission on Presidential Capacity to determine whether the President is mentally or physically unable to discharge the powers and duties of office. The commission: (1) within 72 hours after Congress adopts a concurrent resolution directing it to do so, shall conduct a medical examination to determine if the President is temporarily or permanently impaired by physical illness or disability, mental illness, mental deficiency, or alcohol or drug use to the extent that he or she lacks sufficient understanding or capacity to execute the powers and duties of the office of President; and (2) within 72 hours after completing the examination, shall report its findings and conclusions to the Speaker of the House of Representatives and the President pro tempore of the Senate. Any refusal by the President to undergo such examination shall be taken into consideration by the commission in reaching a conclusion.

Oversight Commission on Presidential Capacity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Testing Flexibility Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) State and local governments bear the majority of the cost and responsibility of educating public elementary school and secondary school students; (2) State and local governments often struggle to find adequate funding to provide basic educational services; (3) the Federal Government has not provided its share of funding for numerous federally mandated elementary and secondary education programs; (4) underfunded Federal education mandates increase existing financial pressures on States and local educational agencies; (5) the cost to States and local educational agencies to implement the annual student academic assessments required under section 1111(b)(3)(C)(vii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)(vii)) remains uncertain; (6) public elementary school and secondary school students take numerous tests each year, from classroom quizzes and exams to standardized and other tests required by the Federal Government, State educational agencies, or local educational agencies; (7) multiple measures of student academic achievement provide a more accurate picture of a student's strengths and weaknesses than does a single score on a high-stakes test; and (8) the frequency of the use of high quality assessments as a tool to measure and increase student achievement should be decided by State educational agencies and local educational agencies. SEC. 3. WAIVER AUTHORITY. Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the following: ``(E) Waiver authority.-- ``(i) States.--Upon application by a State educational agency, the Secretary shall waive the requirements of subparagraph (C)(vii) for a State if the State educational agency demonstrates that the State-- ``(I) significantly closed the achievement gap between the groups of students described in paragraph (2); or ``(II) exceeded the State's adequate yearly progress, consistent with paragraph (2), for 2 or more consecutive years. ``(ii) Local educational agencies.--Upon application of a local educational agency located in a State that does not receive a waiver under clause (i), the Secretary shall waive the application of the requirements of subparagraph (C)(vii) for the local educational agency if the local educational agency demonstrates that the local educational agency-- ``(I) significantly closed the achievement gap between the groups of students described in paragraph (2); or ``(II) exceeded the local educational agency's adequate yearly progress, consistent with paragraph (2), for 2 or more consecutive years. ``(iii) Period of waiver.--A waiver under clause (i) or (ii) shall be for a period of 3 years and may be renewed for subsequent 3-year periods. ``(iv) Utilization of certain federal funds.-- ``(I) Permissive uses.--Subject to subclause (II), a State or local educational agency granted a waiver under clause (i) or (ii) shall use funds, that are awarded to the State or local educational agency, respectively, under this Act for the development and implementation of annual assessments under subparagraph (C)(vii), to carry out educational activities that the State educational agency or local educational agency, respectively, determines will improve the academic achievement of students attending public elementary schools and secondary schools in the State or local educational agency, respectively, that fail to make adequate yearly progress (as defined in paragraph (2)(C)). ``(II) Nonpermissive use of funds.--A State or local educational agency granted a waiver under clause (i) or (ii) shall not use funds, that are awarded to the State or local educational agency, respectively, under this Act for the development and implementation of annual assessments under subparagraph (C)(vii), to pay a student's cost of tuition, room, board, or fees at a private school.''.

Student Testing Flexibility Act of 2002 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Secretary of Education to grant waivers of certain annual testing and assessment requirements to States and local educational agencies (LEAs) if they demonstrate that they have: (1) significantly closed the achievement gap between certain groups of students; or (2) exceeded their adequate yearly progress for two or more consecutive years.Requires States and LEAs receiving such waivers to use ESEA annual assessment funds for educational activities which they determine will improve the academic achievement of students attending public elementary schools and secondary schools that fail to make adequate yearly progress. Prohibits such States and LEAs from using such funds to pay a student's private school costs.

A bill to amend the Elementary and Secondary Education Act of 1965 to permit States and local educational agencies to decide the frequency of using high quality assessments to measure and increase student academic achievement, to permit States and local educational agencies to obtain a waiver of certain testing requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) environmental tobacco smoke comes from secondhand smoke exhaled by smokers and sidestream smoke emitted from the burning of cigarettes, cigars, and pipes; (2) since citizens of the United States spend up to 90 percent of a day indoors, there is a significant potential for exposure to environmental tobacco smoke from indoor air; (3) exposure to environmental tobacco smoke occurs in schools, public buildings, and other indoor facilities; (4) recent scientific studies have concluded that exposure to environmental tobacco smoke is a cause of lung cancer in healthy nonsmokers and is responsible for acute and chronic respiratory problems and other health impacts in sensitive populations (including children); (5) the health risks posed by environmental tobacco smoke exceed the risks posed by many environmental pollutants regulated by the Environmental Protection Agency; and (6) according to information released by the Environmental Protection Agency, environmental tobacco smoke results in a loss to the economy of over $3,000,000,000 per year. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Children.--The term ``children'' means individuals who have not attained the age of 18. (3) Children's services.--The term ``children's services'' means-- (A)(i) direct health services routinely provided to children; or (ii) any other direct services routinely provided primarily to children, including educational services; and (B) that are funded (in whole or in part) by Federal funds. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. NONSMOKING POLICY FOR CHILDREN'S SERVICES. (a) Issuance of Guidelines.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidelines for instituting and enforcing a nonsmoking policy at each indoor facility where children's services are provided. (b) Contents of Guidelines.--A nonsmoking policy that meets the requirements of the guidelines shall, at a minimum, prohibit smoking in each portion of an indoor facility where children's services are provided that is not ventilated separately (as defined by the Administrator) from other portions of the facility. SEC. 5. TECHNICAL ASSISTANCE AND OUTREACH ACTIVITIES. (a) Technical Assistance.--The Administrator and the Secretary shall provide technical assistance to persons who provide children's services and other persons who request technical assistance. The technical assistance shall include information-- (1) on smoking cessation programs for employees; and (2) to assist in compliance with the requirements of this Act. SEC. 6. FEDERALLY FUNDED PROGRAMS. (a) In General.--Notwithstanding any other provision of law, each person who provides children's services shall establish and make a good-faith effort to enforce a nonsmoking policy that meets or exceeds the requirements of subsection (b). (b) Nonsmoking Policy.-- (1) General requirements.--A nonsmoking policy meets the requirements of this subsection if the policy-- (A) is consistent with the guidelines issued under section 4(a); (B) prohibits smoking in each portion of an indoor facility used in connection with the provision of services directly to children; and (C) where appropriate, requires that signs stating that smoking is not permitted be posted in each indoor facility to communicate the policy. (2) Permissible features.--A nonsmoking policy that meets the requirements of this subsection may allow smoking in those portions of the facility-- (A) in which services are not normally provided directly to children; and (B) that are ventilated separately from those portions of the facility in which services are normally provided directly to children. (c) Waiver.-- (1) In general.--A person described in subsection (a) may publicly petition the head of the Federal agency from which the person receives Federal funds (including financial assistance) for a waiver from any or all of the requirements of subsection (b). (2) Conditions for granting a waiver.--Except as provided in paragraph (3), the head of the Federal agency may grant a waiver only-- (A) after consulting with the Administrator, and receiving the concurrence of the Administrator; (B) after giving an opportunity for public hearing (at the main office of the Federal agency or at any regional office of the agency) and comment; and (C) if the person requesting the waiver provides assurances that are satisfactory to the head of the Federal agency (with the concurrence of the Administrator) that-- (i) unusual extenuating circumstances prevent the person from establishing or enforcing the nonsmoking policy (or a requirement under the policy) referred to in subsection (b) (including a case in which the person shares space in an indoor facility with another entity and cannot obtain an agreement with the other entity to abide by the nonsmoking policy requirement) and the person will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect children from exposure to environmental tobacco smoke to the maximum extent possible; or (ii) the person requesting the waiver will establish and make a good-faith effort to enforce an alternative nonsmoking policy (or alternative requirement under the policy) that will protect children from exposure to environmental tobacco smoke to the same degree as the policy (or requirement) under subsection (b). (3) Special waiver.-- (A) In general.--On receipt of an application, the head of the Federal agency may grant a special waiver to a person described in subsection (a) who employs individuals who are members of a labor organization and provide children's services pursuant to a collective bargaining agreement that-- (i) took effect before the date of enactment of this Act; and (ii) includes provisions relating to smoking privileges that are in violation of the requirements of this section. (B) Termination of waiver.--A special waiver granted under this paragraph shall terminate on the earlier of-- (i) the first expiration date (after the date of enactment of this Act) of the collective bargaining agreement containing the provisions relating to smoking privileges; or (ii) the date that is 1 year after the date specified in subsection (f). (d) Civil Penalties.-- (1) In general.--(A) Any person subject to the requirements of this section who fails to comply with the requirements shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, but in no case shall the amount be in excess of the amount of Federal funds received by the person for the fiscal year in which the violation occurred for the provision of children's services. (B) Each day a violation continues shall constitute a separate violation. (2) Assessment.--A civil penalty for a violation of this section shall be assessed by the head of the Federal agency that provided Federal funds (including financial assistance) to the person (or if the head of the Federal agency does not have the authority to issue an order, the appropriate official) by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before issuing the order, the head of the Federal agency (or the appropriate official) shall-- (A) give written notice to the person to be assessed a civil penalty under the order of the proposal to issue the order; and (B) provide the person an opportunity to request, not later than 15 days after the date of receipt of the notice, a hearing on the order. (3) Amount of civil penalty.--In determining the amount of a civil penalty under this subsection, the head of the Federal agency (or the appropriate official) shall take into account-- (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the ability to pay, the effect of the penalty on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and a demonstration of willingness to comply with the requirements of this Act; and (C) such other matters as justice may require. (4) Modification.--The head of the Federal agency (or the appropriate official) may compromise, modify, or remit, with or without conditions, any civil penalty that may be imposed under this subsection. The amount of the penalty as finally determined or agreed upon in compromise may be deducted from any sums that the United States owes to the person against whom the penalty is assessed. (5) Petition for review.--A person who has requested a hearing concerning the assessment of a penalty pursuant to paragraph (2) and is aggrieved by an order assessing a civil penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. The petition may only be filed during the 30-day period beginning on the date of issuance of the order making the assessment. (6) Failure to pay.--If a person fails to pay an assessment of a civil penalty-- (A) after the order making the assessment has become a final order and without filing a petition for judicial review in accordance with paragraph (5); or (B) after a court has entered a final judgment in favor of the head of the Federal agency (or appropriate official), the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the last day of the 30-day period referred to in paragraph (5) or the date of the final judgment, as the case may be) in an action brought in an appropriate district court of the United States. In the action, the validity, amount, and appropriateness of the penalty shall not be subject to review. (e) Exemption.--This section shall not apply to a person who provides children's services who-- (1) has attained the age of 18; (2) provides children's services-- (A) in a private residence; and (B) only to children who are, by affinity or consanguinity, or by court decree, a grandchild, niece, or nephew of the provider; and (3) is registered and complies with any State requirements that govern the children's services provided. (f) Effective Date.--This section shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act. SEC. 7. REPORT BY THE ADMINISTRATOR. Not later than 2 years after the date of enactment of this Act, the Administrator shall submit a report to Congress that includes-- (1) information concerning the degree of compliance with this Act; and (2) an assessment of the legal status of smoking in public places. SEC. 8. PREEMPTION. Nothing in this Act is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this Act.

Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993 - Directs the Administrator of the Environmental Protection Agency to issue guidelines for enforcing a nonsmoking policy at indoor facilities where children's services are provided. Requires such policy, at a minimum, to prohibit smoking in each portion of such a facility that is not ventilated separately. Directs the Administrator and the Secretary of Health and Human Services to provide technical assistance to persons who provide children's services and other persons who request it. Authorizes persons who make a good-faith effort to enforce a nonsmoking policy that meets requirements to petition their funding Federal agency for a waiver from the general requirements. Sets forth conditions for granting waivers, including that the person requesting the waiver will make a good-faith effort to enforce an alternative nonsmoking policy to protect children. Provides for special waivers for persons who provide children's services pursuant to certain collective bargaining agreements. Prescribes civil penalties for violations of this Act. Exempts from this Act's requirements registered persons providing children's services in a private residence to grandchildren, nieces, or nephews. Directs the Administrator to report to the Congress on information concerning compliance with this Act and an assessment of the legal status of smoking in public places.

Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993

SECTION 1. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES. (a) General Limitation on Use by Governmental Agencies.--Section 3121(c) of title 18, United States Code, is amended-- (1) by inserting ``or trap and trace device'' after ``pen register''; (2) by inserting ``, routing, addressing,'' after ``dialing''; and (3) by striking ``call processing'' and inserting ``the processing and transmitting of wire and electronic communications''. (b) Issuance of Orders.-- (1) In general.--Subsection (a) of section 3123 of that title is amended to read as follows: ``(a) In General.--(1) Upon an application made under section 3122(a)(1) of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order shall, upon service of the order, apply to any entity providing wire or electronic communication service in the United States whose assistance is required to effectuate the order. ``(2) Upon an application made under section 3122(a)(2) of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device within the jurisdiction of the court if the court finds that the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.''. (2) Contents of order.--Subsection (b)(1) of that section is amended-- (A) in subparagraph (A)-- (i) by inserting ``or other facility'' after ``telephone line''; and (ii) by inserting before the semicolon at the end ``or applied''; and (B) by striking subparagraph (C) and inserting the following new subparagraph (C): ``(C) a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device under subsection (a)(2), the geographic limits of the order; and''. (3) Nondisclosure requirements.--Subsection (d)(2) of that section is amended-- (A) by inserting ``or other facility'' after ``the line''; and (B) by striking ``or who has been ordered by the court'' and inserting ``or applied or who is obligated by the order''. (c) Emergency Installation.--Section 3125(a)(1) of that title is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the comma at the end and inserting a semicolon; and (3) by inserting after subparagraph (B) the following new subparagraphs: ``(C) immediate threat to the national security interests of the United States; ``(D) immediate threat to public health or safety; or ``(E) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under section 1030(c)(2)(C) of this title,''. (d) Definitions.-- (1) Court of competent jurisdiction.--Paragraph (2) of section 3127 of that title is amended by striking subparagraph (A) and inserting the following new subparagraph (A): ``(A) any district court of the United States (including a magistrate judge of such a court) or any United States Court of Appeals having jurisdiction over the offense being investigated; or''. (2) Pen register.--Paragraph (3) of that section is amended-- (A) by striking ``electronic or other impulses'' and all that follows through ``is attached'' and inserting ``dialing, routing, addressing, or signalling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted''; and (B) by inserting ``or process'' after ``device'' each place it appears. (3) Trap and trace device.--Paragraph (4) of that section is amended-- (A) by inserting ``or process'' after ``a device''; and (B) by striking ``of an instrument'' and all that follows through the end and inserting ``or other dialing, routing, addressing, and signalling information relevant to identifying the source of a wire or electronic communication;''. SEC. 2. MODIFICATION OF PROVISIONS RELATING TO FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS. (a) Penalties.--Subsection (c) of section 1030 of title 18, United States Code, is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by inserting ``except as provided in subparagraphs (B) and (C),'' before ``a fine''; (ii) by striking ``(a)(5)(C),'' and inserting ``(a)(5),''; and (iii) by striking ``and'' at the end; (B) in subparagraph (B)-- (i) by inserting ``or an attempt to commit an offense punishable under this subparagraph,'' after ``subsection (a)(2),'' in the matter preceding clause (i); and (ii) by adding ``and'' at the end; and (C) by striking subparagraph (C) and inserting the following new subparagraph (C): ``(C) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A) or (a)(5)(B), or an attempt to commit an offense punishable under this subparagraph, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)-- ``(i) loss to one or more persons during any one- year period (including loss resulting from a related course of conduct affecting one or more other protected computers) aggregating at least $5,000 in value; ``(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; ``(iii) physical injury to any person; ``(iv) a threat to public health or safety; or ``(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security; and''; (2) by redesignating subparagraph (B) of paragraph (3) as paragraph (4); (3) in paragraph (3)-- (A) by striking ``(A)'' at the beginning; and (B) by striking ``, (a)(5)(A), (a)(5)(B),''; and (4) in paragraph (4), as designated by paragraph (2) of this subsection, by striking ``(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C),'' and inserting ``(a)(2), (a)(3), (a)(4), (a)(6),''. (b) Definitions.--Subsection (e) of that section is amended-- (1) in paragraph (2)(B), by inserting ``, including a computer located outside the United States'' before the semicolon; (2) in paragraph (7), by striking ``and'' at the end; (3) by striking paragraph (8) and inserting the following new paragraph (8): ``(8) the term `damage' means any impairment to the integrity, availability, or confidentiality of data, a program, a system, or information;''; (4) in paragraph (9), by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new paragraphs: ``(10) the term `conviction' shall include an adjudication of juvenile delinquency for a violation of this section; and ``(11) the term `loss' means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost or cost incurred because of interruption of service.''. (c) Damages in Civil Actions.--Subsection (g) of that section is amended in the second sentence by striking ``involving damage'' and all that follows through the period and inserting ``of subsection (a)(5) shall be limited to loss unless such action includes one of the elements set forth in clauses (ii) through (v) of subsection (c)(2)(C).''. (d) Criminal Forfeiture.--That section is further amended by adding at the end the following new subsection: ``(i)(1) The court, in imposing sentence on any person convicted of a violation of this section, may order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- ``(A) the interest of such person in any property, whether real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(B) any property, whether real or personal, constituting or derived from any proceeds that such person obtained, whether directly or indirectly, as a result of such violation. ``(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any administrative or judicial proceeding relating thereto, shall be governed by the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsection (d) of that section.''. (e) Civil Forfeiture.--That section, as amended by subsection (d) of this section, is further amended by adding at the end the following new subsection: ``(j)(1) The following shall be subject to forfeiture to the United States, and no property right shall exist in them: ``(A) Any property, whether real or personal, that is used or intended to be used to commit or to facilitate the commission of any violation of this section. ``(B) Any property, whether real or personal, that constitutes or is derived from proceeds traceable to any violation of this section. ``(2) The provisions of chapter 46 of this title relating to civil forfeiture shall apply to any seizure or civil forfeiture under this subsection.''. SEC. 3. JUVENILE DELINQUENCY. Clause (3) of the first paragraph of section 5032 of title 18, United States Code, is amended-- (1) by striking ``or'' before ``section 1002(a)''; (2) by striking ``or'' before ``section 924(b)''; and (3) by inserting after ``or (h) of this title,'' the following: ``or section 1030(a)(1), (a)(2)(B), or (a)(3) of this title, or is a felony violation of section 1030(a)(5) of this title where such violation of such section 1030(a)(5) is punishable under clauses (ii) through (v) of section 1030(c)(2)(C) of this title,''. SEC. 4. AMENDMENT TO SENTENCING GUIDELINES. Section 805(c) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 28 U.S.C. 994 note) is amended by striking ``paragraph (4) or (5)'' and inserting ``paragraph (4) or a felony violation of paragraph (5)(A)''. SEC. 5. DEPARTMENT OF DEFENSE GRANTS TO IMPROVE DOMESTIC PREPAREDNESS TO COMBAT TERRORISM. (a) Research and Development Grants Authorized.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Defense may make grants to, or enter into contracts with, a qualified entity or organization to-- (A) conduct research for the prevention of cyberterrorism; or (B) develop technology products or services designed for use in the prevention of cyberterrorism. (2) Condition of grant.--A qualified entity or organization receiving a grant from, or under a contract with, the Secretary of Defense under paragraph (1) shall submit to the Secretary a report on the results of the research or development conducted pursuant to the grant or contract, and shall make available to the Secretary such technologies and processes used by the entity or organization to prevent cyberterrorism. (b) Improvement Grants Authorized.-- (1) In general.--From amounts made available to carry out this section, the Secretary of Defense may make grants to, or enter into contracts with, a qualified entity or organization to-- (A) make improvements to the critical information protection architecture of such entity or organization; or (B) refinance improvements previously made to such architecture. (2) Condition of grant.--A qualified entity or organization receiving a grant from, or under a contract with, the Secretary of Defense under paragraph (1) shall submit to the Secretary a report on the results of the improvements carried out pursuant to the grant or contract. (c) Regulations.--The Secretary of Defense shall carry out this section in accordance with regulations prescribed by the Secretary. Those regulations shall include goals for the use of the assistance provided under this section and standards for evaluating whether those goals are met by each entity or organization receiving such assistance. (d) Definitions.-- In this section: (1) The term ``cyberterrorism'' means the commission of any of the following acts with respect to protected computers (as defined in section 1030(e)(2) of title 18, United States Code): (A) Knowing transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer. (B) Intentional access of a protected computer without authorization, and as a result of such conduct, recklessly causes damage. (C) Intentional access of a protected computer without authorization, and as a result of such conduct, causes damage. (2) The term ``qualified entity or organization'' means an entity or organization that the Secretary of Defense determines-- (A) meets standards of prevention of cyberterrorism applicable to the Department of Defense and responds to the commission of cyberterrorism in an instantaneous and efficient manner; or (B) provides technology products and services designed for use in the prevention of cyberterrorism. (e) Report.--Not later than 30 days after the end of the period of 2 fiscal years beginning after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the activities carried out under this section. The report shall include an evaluation of the success of the activities carried out under this section and any other information that the Secretary considers appropriate. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Defense $100,000,000 for the purposes of carrying out this section for fiscal year 2001.

Directs the court, upon application made by an attorney for the Government or by a State investigative or law enforcement officer, to enter an ex parte order authorizing the installation and use of such a device if it finds that such attorney or officer has certified that the information likely to be obtained is relevant to an ongoing criminal investigation. Requires the order to specify a description of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the device is to be attached or applied, and, in with respect to States, the geographic limits of the order. Provides for emergency installation of such a device in situations involving: (1) an immediate threat to U.S. national security interests or to public health or safety; or (2) an attack on the integrity or availability of a protected computer if such attack would be a Federal computer fraud offense. Modifies the definitions of: (1) "court of competent jurisdiction" to mean any U.S. district court or any U.S. Court of Appeals having jurisdiction over the offense being investigated; and (2) "pen register" and "trap and trace device" to cover processes (as well as devices) and dialing, routing, addressing, or signaling information with respect to a wire or electronic communication. (Sec. 2) Revises Federal criminal code (the code) provisions regarding penalties for fraud and related activity in connection with computers to cover certain attempts to commit punishable offenses and to provide penalties for offenses (or attempts) regarding: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security. Repeals a limitation on damages in civil actions to economic damages if any of subparagraphs (2) through (5) apply. Directs the court, in imposing sentence on any person convicted of a violation, to order, in addition to any other sentence imposed and irrespective of any State law provision, that such person forfeit to the United States: (1) any property that was used to commit or to facilitate such violation; and (2) any property constituting or derived from any proceeds that such person obtained as a result of such violation. Makes specified Controlled Substances Act provisions regarding the criminal forfeiture, seizure, and disposition of property applicable to this section. Sets forth similar provisions with respect to civil forfeiture. (Sec. 3) Amends provisions of the code regarding juvenile delinquency proceedings in district courts, and transfer for criminal prosecution, to cover situations involving fraud and related activity in connection with computers. (Sec. 4) Modifies provisions of the Antiterrorism and Effective Death Penalty Act of 1996 to direct the United States Sentencing Commission to amend the sentencing guidelines to ensure that any individual convicted of a felony violation of the prohibition against knowingly causing the transmission of a program, information, code, or command and thereby intentionally causing damage, without authorization, to a protected computer is imprisoned for not less than six months. (Sec. 5) Authorizes the Secretary of Defense to make grants to, or enter into contracts with, a qualified entity or organization to: (1) conduct research for the prevention of cyberterrorism or to develop technology products or services designed for use in its prevention; and (2) make improvements to the critical information protection architecture of such entity or organization or to refinance improvements previously made to such architecture. Sets forth reporting requirements. Authorizes appropriations.

To amend title 18, United States Code, to modify authorities relating to the use of pen registers and trap and trace devices, to modify provisions relating to fraud and related activities in connection with computers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Opportunities Bonus Act''. SEC. 2. BONUS TO BUILD REAL OPPORTUNITIES FOR POOR FAMILIES. Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is amended by adding at the end the following: ``(6) Building opportunities bonus.-- ``(A) In general.--The Secretary shall make a grant pursuant to this paragraph to each State for each bonus year for which the State is a high performing State. ``(B) Amount of grant.-- ``(i) In general.--Subject to clause (ii), the Secretary shall determine the amount of the grant payable under this paragraph to a high performing State for a bonus year, which shall be based on the score assigned to the State under subparagraph (D)(i) for the fiscal year that immediately precedes the bonus year. ``(ii) Limitation.--The amount payable to a State under this paragraph for a bonus year shall not exceed 5 percent of the State family assistance grant and shall be used to address the matters set forth in subparagraph (C). ``(C) Criteria for measuring state performance.-- Not later than 1 year after the date of the enactment of this paragraph, the Secretary, in consultation with the National Governor's Association and the Institute for Women's Policy Research, shall develop criteria for measuring State performance in operating the State program funded under this part to address the following matters as they relate to the ability of recipients of assistance under the State program to become economically self-sufficient: ``(i) Child care.--Whether States are-- ``(I) ensuring an adequate supply of safe, accessible, appropriate, and quality child care slots; ``(II) helping women identify and place children in safe, accessible, appropriate, and quality child care; ``(III) ensuring that available child care slots are filled; ``(IV) improving the quality of child care by ensuring that child care providers are adequately paid and trained; ``(V) increasing access to safe, accessible, appropriate, and quality child care by making child care subsidies available to recipients of assistance under the State program funded under this part and families that earn up to 85 percent of the State's median income; ``(VI) collaborating with State child care resource and referral agencies and child care development experts in developing and implementing child care programs and policies; and ``(VII) collaborating with State domestic violence coalitions to address the child care needs of families affected by domestic violence. ``(ii) Employment.--Whether States are-- ``(I) providing education and training for recipients of assistance under the State program under this part for employment that pays a sustainable wage, such as apprenticeable, technical, and professional occupations, and nontraditional employment; ``(II) placing such recipients in such employment; ``(III) retaining such recipients in such employment; ``(IV) providing career development assistance including job readiness training, reliable, up-to-date career counseling services, and employability assessments on available employment that pays a sustainable wage, such as nontraditional training and education options and employment opportunities to all women entering welfare-to-work programs; and ``(V) utilizing resources available under title I of the Workforce Investment Act of 1998, including section 134(a)(3)(A)(vi)(II) of such Act, to support State efforts on education, training, placement, retention, and career development assistance, as described in subclauses (I) through (IV). ``(iii) Domestic violence.--Whether States are-- ``(I) collaborating with State domestic violence coalitions in implementing substantive programs addressing domestic violence as an impediment to women's work and education (such as through demonstration and model projects), programs placing domestic violence advocates in welfare offices, and programs providing employment and support services for victims of domestic violence that will reach a substantial number of battered women; ``(II) collaborating with State domestic violence coalitions in adopting and implementing the option under the State plan relating to domestic violence set forth in section 402(a)(7); ``(III) collaborating with State domestic violence coalitions in requiring training on domestic violence for case workers for the State program funded under this part; ``(IV) collaborating with State domestic violence coalitions in requiring training on domestic violence for job training, education, and job placement programs that are contracted by the State program funded under this part, and requiring that such programs implement strategies and programs to support victims of domestic violence in the workplace; ``(V) conducting outreach to employers of recipients of assistance to ensure that employers are aware of and are implementing strategies and programs to support victims of domestic violence in the workplace; and ``(VI) conducting public education on domestic violence. ``(D) Scoring of state performance; setting of performance thresholds.--For each bonus year, the Secretary shall-- ``(i) use the criteria developed under subparagraph (C) to assign a score to each eligible State for the fiscal year that immediately precedes the bonus year; and ``(ii) prescribe a performance threshold in such a manner so as to ensure that-- ``(I) the average annual total amount of grants to be made under this paragraph for each bonus year equals $200,000,000; and ``(II) the total amount of grants to be made under this paragraph for all bonus years equals $1,000,000,000. ``(E) Definitions.--As used in this paragraph: ``(i) Bonus year.--The term `bonus year' means fiscal years 2001, 2002, 2003, 2004, and 2005. ``(ii) Child care.--The term `child care' means all programs and arrangements utilized by parents for the care of children from birth through age 14, and for the care of children who are older than age 14 and have special needs, including day care services provided by centers, family day care, group family day care, informal care, after hours care, and before- and after-school programs. ``(iii) Child with special needs.--The term `child with special needs' has the same meaning as the term `child with a disability' in section 602(3)(A)(i) of the Individuals With Disabilities Education Act. ``(iv) Domestic violence.--The term `domestic violence' has the same meaning as the term `battered or subjected to extreme cruelty', as defined in section 408(a)(7)(C)(iii). ``(v) High performance state.--The term `high performance State' means, with respect to a bonus year, an eligible State whose score assigned pursuant to subparagraph (D)(i) for the fiscal year immediately preceding the bonus year equals or exceeds the performance threshold prescribed under subparagraph (D)(ii) for such preceding fiscal year. ``(vi) Sustainable wage.--The term `sustainable wage' means a wage that is at least 185 percent above the poverty line and that takes into account costs related to employment such as Federal, State, and local taxes, child care, transportation, food, and shelter costs for a particular geographic area. ``(vii) Nontraditional employment.--The term `nontraditional employment' means occupations or fields of work, including careers in computer science, technology, and other emerging high skill occupations, for which individuals from one gender comprise less than 25 percent of the individuals employed in each such occupation or field of work. ``(viii) Poverty line.--The term `poverty line' has the meaning given such term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section. ``(F) Authorization of appropriations.--There is authorized to be appropriated for fiscal years 2001 through 2005 a total of $1,000,000,000 for grants under this paragraph.''.

Building Opportunities Bonus Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to establish a building opportunities bonus program under provisions regarding State family assistance grants in order to reward high performance States under TANF. Authorizes appropriations.

Building Opportunities Bonus Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Emergency Fuel Assistance Act of 2007''. SEC. 2. EMERGENCY FUEL ASSISTANCE PROGRAM. There is established within the Economic Development Administration of the Department of Commerce, an emergency assistance program for small businesses and small farms dependent on fuel. SEC. 3. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY. (a) In General.--If the President determines that the health, safety, welfare, or economic well-being of the citizens of the United States is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline or petroleum distillates due to a disruption in the national distribution system for crude oil, gasoline or petroleum distillates (including such a shortage related to a major disaster (as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)))), or significant pricing anomalies in national energy markets for crude oil, gasoline, or petroleum distillates, the President may declare that a Federal energy emergency exists. (b) Scope and Duration.--The emergency declaration declared pursuant to subsection (a) shall specify-- (1) the period, not to exceed 30 days, for which the declaration applies; (2) the circumstance or condition necessitating the declaration; (3) the area or region to which it applies which may not be limited to a single State; and (4) the product or products to which it applies. (c) Extensions.--The President may-- (1) extend a declaration under subsection (a) for a period of not more than 30 days; (2) extend such a declaration more than once; and (3) discontinue such a declaration before its expiration. SEC. 4. AUTHORIZATION OF GRANTS. (a) In General.--During any energy emergency declared by the President under section 3, the Secretary of Commerce is authorized to award grants to States under a declaration of fuel supply interruption in accordance with this Act. (b) Allocation Formula.--Subject to subsection (c), the Secretary shall award grants to States, in accordance with an allocation formula established by the Secretary, that is based on the pro rata share of each State of the total need among all States, as applicable, for emergency assistance for fuel interruption, as determined on the basis of-- (1) the number and percentage of qualifying small businesses and small farms operating within a State; (2) the increase in price of fuel in a State; and (3) such other factors as the Secretary determines to be appropriate. (c) State Allocation Plan.--Each State shall establish, after giving notice to the public, an opportunity for public comment, and consideration of public comments received, an allocation plan for the distribution of financial assistance under this section, which shall be submitted to the Secretary and shall be made available to the public by the State, and shall include-- (1) application requirements for qualifying small businesses and small farms seeking to receive financial assistance under this section, including a requirement that each application include-- (A) demonstration of need for assistance under this section; (B) a plan to decrease the total commercial energy usage of the small business through energy efficiency measures, such as those promoted through the Energy Star Program; and (C) if a small business or small farm has previously received assistance under this section, evidence that the small business or small farm has implemented the plan previously documented under subparagraph (B); and (2) factors for selecting among small businesses and small farms that meet the application requirements, with preference given to small businesses and small farms based on the percentage of operating costs expended on fuel. SEC. 5. ELIGIBILITY. A small business or small farm is eligible for a grant under this Act if-- (a) the average gross receipts of the small business or small farm for the 3 preceding taxable years does not exceed $5,000,000; or (b) the small business or small farm employed an average of more than 1 and fewer than 50 qualified employees on business days during the preceding taxable year. SEC. 6. DEFINED TERM. In this Act, the term ``aggregate gross assets'' has the meaning given such term in section 1202(d)(2) of the Internal Revenue Code of 1986. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of Commerce $100,000,000 for each of the fiscal years 2008 through 2012 to carry out this Act.

Small Business Emergency Fuel Assistance Act of 2007 - Establishes within the Economic Development Administration of the Department of Commerce an emergency assistance program for small businesses and small farms dependent on fuel. Authorizes the President to declare a federal energy emergency if the health, safety, welfare, or economic well-being of U.S. citizens is at risk because of an imminent or actual shortage of adequate supplies of crude oil, gasoline or petroleum distillates owing to: (1) a disruption in the national distribution system for such distillates (including a shortage related to a major disaster); or (2) significant pricing anomalies in national energy markets for them. Authorizes the Secretary of Commerce to award grants to states under a presidential declaration of fuel supply interruption.

A bill to establish an emergency fuel assistance grant program for small businesses during energy emergencies

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Laboratory Missions Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``departmental laboratory'' means a Federal laboratory, or any other laboratory or facility designated by the Secretary, operated by or on behalf of the Department of Energy; (2) the term ``Federal laboratory'' has the meaning given the term ``laboratory'' in section 12(d)(2) of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)); (3) the term ``relevant congressional committees'' means the Committee on Armed Services of the Senate, the Committee on National Security of the House of Representatives, the Committee on Science of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate; and (4) the term ``Secretary'' means the Secretary of Energy. TITLE I--MISSION ASSIGNMENT SEC. 101. FINDINGS. The Congress finds that-- (1) through their unique historical missions, the departmental laboratories have developed core competencies and technical capabilities that strategically position them to contribute to the scientific and technological wellbeing of the Nation; (2) the departmental laboratories have contributed and continue to contribute technology to ensure the maintenance of the nuclear deterrent and other elements of the national security; (3) through their contributions to the national security in the production of nuclear and conventional weapons, the departmental laboratories have helped deter the repetition of the global conflicts of the past, and have helped maintain the relative peace which the United States enjoys; (4) the departmental laboratories collectively represent an extensive science and technology resource of people, facilities, and equipment that contribute to the achievement of national technology goals; (5) in carrying out their Department of Energy mission responsibilities, the departmental laboratories have established successful collaborative relationships with other Federal agencies, universities, and other federally funded laboratories that allow each of the partners to share and leverage their unique capabilities; (6) collaboration in partnerships among the departmental laboratories, other Federal agencies, universities, and private industry, especially through cooperative research and development agreements, should be encouraged to enable the departmental laboratories to ensure the maximum return on the taxpayer's investment; and (7) the departmental laboratories need well defined and assigned missions to continue to successfully contribute to the scientific, technological, and national security interests of the United States. SEC. 102. MISSIONS. The Department of Energy may maintain departmental laboratories for the purpose of advancing, and shall carry out research and development activities which are essential to support and perform, the following core missions: (1) To maintain national security, as follows: (A) To provide for the Nation's nuclear weapons requirements, to be stewards of the Nation's nuclear weapons stockpile, and to meet other national security requirements as determined by the President. (B) To reduce the threat of nuclear war, by assisting with the dismantlement of nuclear weapons, working to curb the proliferation of weapons of mass destruction, including nuclear, chemical, and biological weapons, supporting efforts to counter the proliferation of weapons of mass destruction, including nuclear, chemical, and biological weapons, and their delivery systems, and conducting research on and the development of technologies needed for the effective verification of international arms control agreements, including prospective international arms control agreements, which may include the production and dissemination of foreign intelligence pertinent to the Department's missions. (C) To provide for the advancement of science and technology in the development of nuclear and conventional weaponry for national security purposes. (2) To ensure the Nation's energy supply and to reduce the Nation's reliance on imported energy sources through research and development on generic, precompetitive technologies that enhance energy supply and improve the efficiency of energy end uses, with an emphasis on long-term, high-risk research. (3) To conduct basic research in energy-related science and technology, in the fundamental understanding of matter, and in emerging scientific fields, including construction and operation of unique scientific instruments and facilities for use by the Federal Government, academia, industry, and other appropriate non-Federal institutions. (4) To carry out research and development for the purpose of minimizing the environmental impacts of the production and use of energy, nuclear weapons, and materials, including the development of technologies for the safe disposal and cleanup of hazardous and radioactive wastes. (5) To carry out such additional missions as are assigned to the Department of Energy by the President. In furthering the core missions of the departmental laboratories, the Secretary and the departmental laboratories may establish mutually beneficial collaborative, mission-oriented research and development relationships with other agencies of the Federal Government, academia, and other appropriate non-Federal institutions, providing for the mutual sharing of nonproprietary and unclassified information. SEC. 103. PROCEDURE FOR MAKING PROPOSALS FOR LABORATORY MISSION ASSIGNMENTS AND STREAMLINING. (a) Mission Assignment and Streamlining Criteria.-- (1) In general.--Not later than 3 months after the date of the enactment of this Act, the Secretary shall publish in the Federal Register and transmit to the relevant congressional committees the criteria proposed to be used by the Secretary in making proposals for the assignment of a mission or missions to, and the streamlining, if necessary, of, departmental laboratories. The Secretary shall provide an opportunity for public comment on the proposed criteria for a period of at least 30 days and shall include notice of that opportunity in the publication required under this paragraph. In developing the criteria, the Secretary shall consider-- (A) the unique technical and experimental capabilities which exist at each of the departmental laboratories, including the critical infrastructure needed for nuclear weapons systems development, production, and maintenance; (B) unnecessary duplication of effort by departmental laboratories and overhead costs as a proportion of program benefits distributed through a departmental laboratory; (C) cost savings and increases that would accrue through the streamlining of departmental laboratories; (D) the potential and appropriateness of the performance of research and other missions of the departmental laboratories by other entities such as academic, private industry, and other Federal facilities; and (E) expert advice from appropriate outside individuals. (2) Final criteria.--Not later than 5 months after the date of the enactment of this Act, the Secretary shall publish in the Federal Register and transmit to the relevant congressional committees the final criteria to be used in making proposals for the assignment of a mission or missions to, and the streamlining of, departmental laboratories under this section. (b) Secretary's Proposals.-- (1) Publication in federal register.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register and transmit to the relevant congressional committees the Secretary's proposals for mission assignments and streamlining for the departmental laboratories, on the basis of the final criteria published under subsection (a)(2) and the statement of missions contained in section 3. In formulating those proposals, the Secretary shall solicit the advice of appropriate outside expert individuals. (2) Summary of process.--The Secretary shall include, with the proposals published and transmitted pursuant to paragraph (1), a summary of the process that resulted in the proposals for each departmental laboratory, including a justification for each proposal. (c) Availability of Information.--The Secretary shall make available to the Comptroller General of the United States all information used by the Secretary in making proposals under subsection (b). (d) Comptroller General Report.--The Comptroller General of the United States shall, not later than 15 months after the date of the enactment of this Act, transmit to the relevant congressional committees a report containing a detailed analysis of the Secretary's proposals and procedures. SEC. 104. ASSIGNMENT OF MISSIONS TO, AND STREAMLINING OF, DEPARTMENTAL LABORATORIES. The Secretary shall-- (1) assign a mission or missions to all departmental laboratories as proposed in the report transmitted to the relevant congressional committees pursuant to section 103(b)(1); (2) streamline all such laboratories proposed for streamlining in such report; and (3) complete the mission assignments and streamlining not later than the end of the 4-year period beginning on the date on which such report is transmitted. SEC. 105. REPORTS ON IMPLEMENTATION. As part of the budget request for each fiscal year in which the Secretary will carry out activities under this Act, the Secretary shall transmit to the relevant congressional committees-- (1) a schedule of the mission assignment and streamlining actions to be carried out under this Act in the fiscal year for which the request is made and an estimate of the total expenditures required and cost savings to be achieved by each such mission assignment and streamlining, and of the time period in which these savings are to be achieved in each case; and (2) a description of the departmental laboratories, including those under construction and those planned for construction, to which functions are to be transferred as a result of mission assignments and streamlining. TITLE II--GOVERNANCE SEC. 201. FINDINGS. The Congress finds that-- (1) there is an inordinate internal focus at every level of the Department of Energy and the departmental laboratories on compliance issues and questions of management processes, which takes a major toll on research performance; (2) there has been a growing emphasis at the Department on administrative and support organizations and their oversight and compliance roles; (3) the costs of dealing with review groups significantly interferes with research operations at the department laboratories; (4) far too much influence has been ceded by the Department to nonregulatory advisory boards, and such organizations generate recommendations with no apparent cost/benefit analysis, which results in significant unnecessary expenditures and productivity losses; and (5) enforcement of environmental, safety, and health rules, regulations, orders, and standards is a function of government agencies other than the Department of Energy. SEC. 202. ELIMINATION OF SELF-REGULATION. Notwithstanding any other provision of law, the Department of Energy shall implement, but shall not be the agency of enforcement of, Federal, State, and local environmental, safety, and health rules, regulations, orders, and standards at departmental laboratories, unless the Secretary certifies that a particular action is unique to the activities of the Department and is necessary to maintain human health and safety. SEC. 203. EFFECTIVE DATE. This title shall take effect on October 1, 1996.

TABLE OF CONTENTS: Title I: Mission Assignment Title II: Governance Department of Energy Laboratory Missions Act - Title I: Mission Assignment - Authorizes the Department of Energy (DOE) to maintain departmental laboratories to advance and implement research and development (R&D) activities essential to the following core missions: (1) maintain national security; (2) ensure domestic energy supply and reduce reliance on imported energy sources; (3) conduct basic research in energy-related science and technology, in the fundamental understanding of matter, and in emerging scientific fields; (4) carry out R&D to minimize environmental impacts of the production and use of energy, nuclear weapons, and materials, including the development of technologies for safe hazardous and radioactive waste disposal and cleanup; and (5) implement such additional missions as are assigned by the President. (Sec. 103) Instructs the Secretary of Energy to transmit to certain congressional committees the criteria to be used in making proposals for mission assignments and the streamlining of departmental laboratories. Requires the Comptroller General to report a detailed analysis of the Secretary's proposals and procedures to certain congressional committees. (Sec. 104) Directs the Secretary to: (1) complete the mission assignments and streamlining of all laboratories as outlined in the proposals by a specified deadline; and (2) transmit a status report to certain congressional committees as part of the annual budget request. Title II: Governance - Declares that DOE shall implement, but not be the agency of enforcement of, Federal, State, and local environmental, safety, and health promulgations at departmental laboratories unless the Secretary certifies that a particular action is unique to departmental activities and necessary for human health and safety.

Department of Energy Laboratory Missions Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Alzheimer's Disease Cooperation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is in the highest national interests of the United States to further research into Alzheimer's disease. (2) The State of Israel is a steadfast ally of the United States. (3) The special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as-- (A) the United States-Israel Binational Science Foundation; (B) the United States-Israel Binational Industrial Research and Development Foundation; and (C) the United States-Israel Energy Cooperation Act. (4) Those programs have made possible many scientific, technological, and commercial breakthroughs in fields including the life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and energy development. (5) Israeli scientists are at the forefront of research and development in the field of Alzheimer's disease. (6) Enhanced cooperation between the United States and Israel for the purpose of research in Alzheimer's disease would be in the national interests of both countries. SEC. 3. GRANTS FOR ALZHEIMER'S DISEASE RESEARCH. (a) Grant Program.-- (1) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a program of awarding grants to support research on the development and commercialization of applicable tools, treatments, and cures for Alzheimer's disease and other dementias. (2) Eligible projects.--To be eligible for funding under this section, a project shall-- (A) be designed to further research described in paragraph (1); and (B) be a joint venture between-- (i)(I) a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), or nonprofit entity in the United States; and (II) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (ii)(I) the Federal Government; and (II) the Government of Israel. (3) Applications.--To seek a grant under this section, an applicant shall submit to the Secretary an application in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (4). (4) Advisory board.-- (A) Establishment.--The Secretary shall establish an advisory board-- (i) to monitor the method by which grants are awarded under this section; and (ii) to provide to the Secretary periodic performance reviews of actions taken to carry out this section. (B) Composition.--The advisory board established under subparagraph (A) shall be composed of 3 members, to be appointed by the Secretary, of whom-- (i) 1 shall be a representative of the Federal Government; (ii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and (iii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation. (5) Contributed funds.--Notwithstanding section 3302 of title 31, United States Code, the Secretary may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this section-- (A) without further appropriation; and (B) without fiscal year limitation. (6) Report.--Not later than 180 days after the date of completion of a project for which a grant is provided under this section, the grant recipient shall submit to the Secretary a report that contains-- (A) a description of the method by which the recipient used the grant funds; and (B) an evaluation of the level of success of each project funded by the grant. (7) Classification.--Grants shall be awarded under this section only for projects that are considered to be unclassified by both the United States and Israel. (b) Termination.--The grant program and the advisory committee established under this section terminate on the date that is 7 years after the date of enactment of this Act. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000 for the period of fiscal years 2015 through 2021. Any amounts appropriated pursuant to this subsection shall be in addition to amounts accepted, retained, and used pursuant to subsection (a)(5).

United States-Israel Alzheimer's Disease Cooperation Act - Directs the Secretary of Health and Human Services (HHS) to establish a program of grants to support research on the development and commercialization of tools, treatments, and cures for Alzheimer's disease and other dementias. Requires eligible projects to be joint ventures between U.S. and Israeli non-governmental entities or the U.S. and Israeli governments. Establishes an advisory board to monitor the method by which grants are awarded and to provide performance reviews of actions taken to carry out this Act.

United States-Israel Alzheimer's Disease Cooperation Act

SECTION 1. CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $6,500. ``(2) Limitation to one residence.--The credit under this section shall be allowed with respect to only one residence of the taxpayer. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return, the credit under this section is allowable only if both the husband and wife are first-time homebuyers, and the amount specified under paragraph (1) shall apply to the joint return. ``(4) Married individuals filing separately.--In the case of a married individual filing a separate return, the credit under this section is allowable only if the individual is a first-time homebuyer, and subsection (a) shall be applied by substituting `$3,250' for `$6,500'. ``(5) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $6,500. ``(c) Definitions.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual is such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence in the United States during the 3-year period ending on the date of the purchase of the principal residence to which this section applies. ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase and purchase price.--The terms `purchase' and `purchase price' have the meanings provided by section 1400C(e). ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(f) Denial of Double Benefit.--No credit shall be allowed under subsection (a) if the credit under section 1400C is allowed. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Property to Which Section Applies.--The provisions of this section apply to a principal residence if the taxpayer enters into, on or after June 1, 2001, and before June 1, 2002, a binding contract to purchase the residence, and purchases and occupies the residence before January 1, 2003.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(28) in the case of a residence with respect to which a credit was allowed under section 25B, to the extent provided in section 25B(g).''. (2) Subsection (c) of section 23 of such Code is amended by striking ``section 1400C'' and inserting ``sections 25B and 1400C''. (3) Subparagraph (C) of section 25(e)(1) of such Code is amended by striking ``sections 23 and'' and inserting ``sections 23, 25B, and 1400C''. (4) Subsection (d) of section 1400C of such Code is amended by inserting ``and section 25B'' after ``other than this section''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Purchase of principal residence by first-time homebuyer.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $6,500. Requires married individuals filing jointly to both be first-time homebuyers. Makes this credit applicable to a principal residence only if the taxpayer enters into, on or after June 1, 2001, and before June 1, 2002, a binding contract to purchase the residence, and purchases and occupies the residence before January 1, 2003.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for the purchase of a principal residence by a first-time homebuyer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemember Assistance for Lawful Understanding, Treatment, and Education Act'' or the ``SALUTE Act''. SEC. 2. VETERANS' TREATMENT COURTS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part JJ, as added by section 952 of Public Law 110-315 (relating to Loan Repayment for Prosecutors and Public Defenders), as part LL, and moving such part so that such part follows part KK; (2) in part LL, as so redesignated and moved by paragraph (1), by redesignating section 3001 as section 3021; and (3) by adding at the end the following new part: ``PART MM--VETERANS' TREATMENT COURTS ``SEC. 3031. GRANT AUTHORITY. ``(a) In General.--The Attorney General is authorized to award grants for developing, implementing, or enhancing veterans' treatment courts or expanding operational mental health or drug courts to serve veterans to ensure that such courts effectively integrate substance abuse treatment, mental health treatment, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over offenders who are veterans. The Attorney General may award such grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for court programs that involve-- ``(1) continuing judicial supervision over offenders who are veterans with substance abuse or mental health problems; ``(2) coordination with appropriate Federal, State, or local prosecutors; ``(3) coordination with the Veterans Health Administration; and ``(4) the integrated administration of other sanctions and services, which shall include-- ``(A) substance abuse and mental health treatment (such as treatment for depression, traumatic brain injury, and post-traumatic stress disorder) for each participant who requires such treatment; ``(B) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on non-compliance with program requirements or failure to show satisfactory progress; and ``(C) offender management, which may include aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. ``(b) Limitation on Use of Funds.--Grant funds made available under this part may not be used to provide judicial supervision over, treatment of, or other services to violent offenders. A State, State court, local court, unit of local government, or Indian tribal government that receives a grant under this part may provide such supervision, treatment, or services to violent offenders who are otherwise eligible for veterans' treatment court participation only if such supervision, treatment, or services are funded exclusively with non-Federal funds. ``SEC. 3032. ADMINISTRATION. ``(a) Consultation.--In awarding grants under this part, the Attorney General shall consult with the Secretary of Veterans Affairs and any other appropriate officials. ``(b) Regulatory Authority.--The Attorney General may, in consultation with the Secretary of Veterans Affairs, issue regulations and guidelines necessary to carry out this part. ``(c) Applications.--In addition to any other requirements that may be specified by the Attorney General, in consultation with the Secretary of Veterans Affairs, an application for a grant under this part shall-- ``(1) include a long-term strategy and implementation plan that shall provide for the consultation and coordination with appropriate Federal, State and local prosecutors, particularly when veterans' treatment court participants fail to comply with program requirements; ``(2) explain the applicant's inability to fund the veterans' treatment court adequately without Federal assistance; ``(3) certify that the Federal support provided will be used to supplement, and not supplant, State, tribal, and local sources of funding that would otherwise be available; ``(4) identify related governmental or community initiatives that complement or will be coordinated with the veterans' treatment court; ``(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the veterans' treatment court; ``(6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the veterans' treatment court; ``(7) specify plans for obtaining necessary support and continuing the veterans' treatment court following the conclusion of Federal support; and ``(8) describe the methodology that will be used in evaluating the veterans' treatment court. ``SEC. 3033. REPORT. ``A State, State court, local court, unit of local government, or Indian tribal government that receives funds under this part during a fiscal year shall submit to the Attorney General and the Secretary of Veterans Affairs a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of the veterans' treatment court carried out with a grant under this part. ``SEC. 3034. DEFINITIONS. ``For the purposes of this part: ``(1) Veteran.--The term `veteran' has the meaning given such term in section 2108 of title 5, United States Code. ``(2) Veterans' treatment court.--The term `veterans' treatment court' means a program designed to offer a collaborative rehabilitative approach for offenders who are veterans in certain criminal justice proceedings. ``(3) Violent offender.--The term `violent offender' has the meaning given such term in section 2953(a).''. SEC. 3. STUDY BY THE GENERAL ACCOUNTING OFFICE. (a) In General.--The Comptroller General of the United States shall conduct a study to assess the effectiveness and impact of the veterans' treatment court grant program authorized under part MM of title I of the Omnibus Crime Control and Safe Streets Act of 1968. In assessing the effectiveness of such grant program, the Comptroller General shall consider-- (1) recidivism rates of veterans' treatment court participants; (2) completion rates among veterans' treatment court participants; (3) the costs of veterans' treatment courts to the criminal justice system; and (4) any other factors the Comptroller determines to be appropriate. (b) Documents and Information.--The Attorney General and recipients of grants awarded under part MM of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as a condition of receiving such a grant, shall provide the Comptroller General with all relevant documents and information that the Comptroller General determines necessary to conduct the study under subsection (a). (c) Report.--Not later than January 1, 2015, the Comptroller General shall report to Congress the results of the study conducted under subsection (a).

Servicemember Assistance for Lawful Understanding, Treatment, and Education Act or the SALUTE Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to award grants for developing, implementing, or enhancing veterans' treatment courts or expanding operational mental health or drug courts to serve veterans to ensure that such courts effectively integrate substance abuse treatment, mental health treatment, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over offenders who are veterans. Authorizes the Attorney General to award such grants to states, state courts, local courts, local governments, and Indian tribal governments for court programs that involve: (1) continuing judicial supervision over offenders who are veterans with substance abuse or mental health problems; (2) coordination with appropriate federal, state, or local prosecutors; (3) coordination with the Veterans Health Administration; and (4) the integrated administration of other sanctions and services, including substance abuse and mental health treatment, supervised release involving the possibility of prosecution, confinement, or incarceration based on non-compliance with program requirements or failure to show satisfactory progress, and offender management. Prohibits the use of grant funds to provide judicial supervision over, treatment of, or other services to violent offenders. Sets forth application and reporting requirements. Directs the Comptroller General to conduct a study to assess the effectiveness and impact of such grant program.

SALUTE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Online Privacy Protection Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Child.--The term ``child'' means an individual under the age of 16. (2) Children.--The term ``children'' means more than 1 child. (3) Commercial website operator.--The term ``commercial website operator'' means any person operating a website on the World Wide Webs for commercial purposes, including any person offering products or services for sale though that website, involving commerce-- (A) among the several States or with 1 or more foreign nations; (B) in any territory of the United States or in the District of Columbia, or between any such territory-- (i) and another such territory; or (ii) and any State or foreign nation; or (C) between the District of Columbia and any State, territory, or foreign nation. (4) Commission.--The term ``Commission'' means the Federal Trade Commission. (5) Disclosure.--The term ``disclosure'' means, with respect to personal information-- (A) the release of information in identifiable form by a person to any other person for any purpose; or (B) making publicly available information in identifiable form by any means including by a public posting, through the use of a computer on or through-- (i) a home page of a website; (ii) a pen pal service; (iii) an electronic mail service; (iv) a message board; or (v) a chat room. (6) Federal agency.--The term ``Federal agency'' means an agency, as that term is defined in section 551(1) of title 5, United States Code. (7) Internet.--The term ``Internet'' means the international computer network of both Federal and non-Federal interoperable packet switched data networks. (8) Parent.--The term ``parent'' means a legal guardian, including a biological or adoptive parent. (9) Personal information.--The term ``personal information'' means individually, identifiable information about an individual, including-- (A) a first and last name; (B) a home or other physical address; (C) an e-mail address; (D) a telephone number; (E) a Social Security number; or (F) any other information that would facilitate or enable the physical or online locating and contacting of a specific individual, including information that is associated with an identifier described in this paragraph in such manner as to become identifiable to a specific individual. (10) Verifiable parental consent.--The term ``verifiable parental consent'' means any reasonable effort (taking into consideration available technology) to ensure that a parent of a child authorizes the disclosure of personal information and subsequent use of that information before that information is collected from that child. (11) Website directed to children.--The term ``website directed to children''-- (A) means a commercial website that is-- (i) targeted to children; (ii) directed to children by reason of the subject matter, visual content, age of models, language, characters, tone, message, or any other similar characteristic of the website; or (iii) used by a commercial website operator to knowingly collect information from children; and (B) includes any commercial website any portion of which is directed to children, as specified in subparagraph (A). (12) Person.--The term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH THE COLLECTION AND USE OF PERSONAL INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET. (a) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall, in a manner consistent with section 553 of title 5, United States Code, prescribe regulations requiring commercial website operators to follow fair information practices in connection with the collection and use of personal information from children. (2) Contents.--The regulations issued under this subsection shall-- (A) require that any website directed to children that collects personal information from children-- (i) provide clear, prominent, understandable notice of the information collection and use practices of the website operator through the website; (ii) obtain verifiable parental consent for the collection, use, or disclosure of personal information from children who are under the age of 13; (iii) use reasonable efforts to provide the parents with notice and an opportunity to prevent or curtail the collection or use of personal information collected from children over the age of 12 and under the age of 17; (iv) provide a parent-- (I) access to the personal information of the child of that parent collected by that website; and (II) the opportunity to refuse to permit any further use or future collection of personal information referred to in subclause (I) and notice of that opportunity; and (B) require that the commercial website operator concerned establish and maintain reasonable procedures to ensure the confidentiality, security, accuracy, and integrity of personal information collected from children through the website. (b) Enforcement.-- (1) Treatment of regulations.--A regulation prescribed under subsection (a) shall be treated as a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Enforcement.--Subject to section 6, a violation of a regulation prescribed under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act. SEC. 4. SAFE HARBORS. (a) In General.--In prescribing regulations under section 3, the Commission shall provide incentives for efforts of self-regulation by commercial website operators to implement the protections described in subsection (a) of that section. (b) Safe Harbors.--The incentives referred to in subsection (a) shall include provisions for ensuring that a person will be deemed to be in compliance with the requirements of the regulations under section 3 if that person applies guidelines that-- (1) are issued by appropriate representatives of the computer industry; and (2) are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under section 3. SEC. 5. ACTIONS BY STATES. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 3, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with the regulation; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention.-- (1) In general.--On receiving notice under paragraph (2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention.--If the Commission intervenes in an action under subparagraph (A), the Commission shall have the right-- (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the Commission.--In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under section 3, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action for violation of that regulation. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in the district court of the United States-- (A) in which the defendant-- (i) is found; (ii) is an inhabitant; or (iii) transacts business; or (B) that otherwise meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. (f) Actions by Other State Officials.-- (1) In general.--Nothing in this section may be construed to prohibit a State official from proceeding a court of the State in accordance with the laws of that State on the basis of an alleged violation of any civil or criminal law of that State. (2) Certain actions in state courts.--In addition to any actions brought by an attorney general of a State under subsection (a), an action described in paragraph (1) may be brought by any other officer of that State who is authorized by the State to bring such an action in that State on behalf of the residents of the State. SEC. 6. ADMINISTRATION AND APPLICABILITY OF ACT. (a) In General.--Except as otherwise provided, this Act shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (b) Provisions.--Compliance with the requirements imposed under this subchapter shall be enforced under-- (1) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of-- (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et seq. and 611 et seq.), by the Board; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.), by the National Credit Union Administration Board with respect to any Federal credit union; (4) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part; (5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in section 406 of that Act (7 U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and (6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Exercise of Certain Powers.--For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this Act shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this Act, any other authority conferred on it by law. (d) Actions by the Commission.--The Commission shall prevent any person from violating a rule of the Commission under section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any entity that violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (e) Effect on Other Laws.--Nothing contained in the Act shall be construed to limit the authority of the Commission under any other provisions of law. SEC. 7. REVIEW. (a) In General.--Not later than 5 years after the effective date of the regulations initially issued under section 3, the Commission shall-- (1) review the implementation of this Act, including the effect of the implementation of this Act on practices relating to the disclosure of information relating to children; and (2) prepare and submit to Congress a report the results of the review under paragraph (1).

Children's Online Privacy Protection Act of 1998 - Directs the Federal Trade Commission (FTC) to prescribe regulations requiring commercial website operators to follow fair information practices in connection with the collection and use of personal information from children under age 16, including by obtaining verifiable parental consent for the collection, use, or disclosure of personal information from children under the age of 13. Directs the FTC to provide incentives for efforts of self-regulation by operators to implement appropriate protections for such information. Authorizes the States to enforce such regulations by bringing actions on behalf of residents, requiring the appropriate attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action. Provides for enforcement of this Act through the Federal Trade Commission Act. Directs the FTC to review and report to the Congress on the implementation of this Act.

Children's Online Privacy Protection Act of 1998

SECTION 1. AUTHORITY TO GRANT STATE STATUS TO INDIAN TRIBES FOR ENFORCEMENT OF SOLID WASTE DISPOSAL ACT. (a) Definitions.--(1) Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is amended by adding at the end the following new paragraphs: ``(42) The term `Indian country' means-- ``(A) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; ``(B) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and ``(C) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. ``(43) The term `Indian tribe' means any Indian tribe, band, group, or community, including any Alaska Native village, organization, or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, recognized by the Secretary of the Interior and exercising governmental authority within Indian country.''. (2) Paragraph (13) of such section is amended by striking out ``or authorized tribal organization or Alaska Native village or organization,'' and inserting in lieu thereof ``not treated as a State under section 1009,''. (3) Paragraph (15) of such section is amended by inserting after ``State,'' the following: ``Indian tribe,''. (b) Treatment of Indian Tribes as States.--Subtitle A of the Solid Waste Disposal Act is amended by adding at the end the following new section: ``SEC. 1009. INDIAN TRIBES. ``(a) In General.--Subject to the provisions of subsection (b), the Administrator-- ``(1) is authorized to treat Indian tribes as States under this Act; ``(2) may delegate to such tribes primary enforcement responsibility for programs and projects under this Act; and ``(3) may provide such tribes grant and contract assistance to carry out functions provided by this Act. ``(b) EPA Regulations.-- ``(1) The Administrator shall, not later than 18 months after the date of the enactment of this section, promulgate final regulations that specify how Indian tribes shall be treated as States for the purposes of this Act. Such treatment shall be authorized only if-- ``(A) the Indian tribe has a governing body carrying out substantial governmental duties and powers; ``(B) the functions to be exercised by the Indian tribe pertain to land and resources which are held by the Indian tribe, held by the United States in trust for the Indian tribe, held by a member of the Indian tribe if such property interest is subject to a trust restriction on alienation, or are otherwise within Indian country; and ``(C) the Indian tribe is reasonably expected to be capable, in the Administrator's judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this Act and of all applicable regulations. ``(2) For any provision of this Act where treatment of Indian tribes identically to States is inappropriate, administratively infeasible, or otherwise inconsistent with the purposes of this Act, the Administrator may include in the regulations promulgated under this section means for the direct implementation of such provision by the Environmental Protection Agency in a manner that will achieve the purpose of the provision. Nothing in this section shall be construed to allow Indian tribes to assume or maintain primary enforcement responsibility for programs under this Act in a manner less protective of human health and the environment than such responsibility may be assumed or maintained by a State. An Indian tribe shall not be required to exercise criminal jurisdiction for purposes of complying with the preceding sentence. ``(c) Cooperative Agreements.--In order to ensure the consistent implementation of the requirements of this Act, an Indian tribe and the State or States in which the lands of such Indian tribe are located may enter into a cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the requirements of this Act. ``(d) Report.--(1) The Administrator, in cooperation with the Secretary and the Director of the Indian Health Service, shall submit to Congress a report containing the following: ``(A) Recommendations for addressing hazardous and solid wastes and underground storage tanks within Indian country. ``(B) Methods by which the participation in and administration of programs under this Act by Indian tribes can be maximized. ``(C) The amount of Federal assistance that will be required to carry out the purposes of this section. ``(D) A discussion of how the Administrator intends to provide assistance to Indian tribes for the administration of programs and projects under this Act. ``(2) The report required by paragraph (1) shall be submitted not later than 24 months after the date of the enactment of this section. ``(e) Tribal Hazardous Waste Site and Open Dump Inventory.--(1) The Administrator shall undertake a continuing program to establish an inventory of sites within Indian country at which hazardous waste has at any time been stored or disposed of. Such inventory shall contain the information required by section 3012 and shall include sites at Federal facilities within Indian country. The Administrator also shall establish an inventory of open dumps within Indian country at which solid waste has been disposed of at any time. ``(2) The requirements of paragraph (1) shall be carried out not later than 24 months after the date of the enactment of this section. ``(f) Upgrading of Tribal Open Dumps.--The Administrator shall assist Indian tribes to upgrade open dumps to upgrade such facilities to comply with the requirements of this Act.''. (c) Technical Amendment.--The table of contents for subtitle A of the Solid Waste Disposal Act (contained in section 1001 of such Act) is amended by adding at the end the following new item: ``Sec. 1009. Indian tribes.''.

Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to: (1) treat Indian tribes as States under such Act; (2) delegate primary enforcement authority for programs under such Act to Indian tribes; and (3) provide grant and contract assistance to tribes to carry out such Act. Sets forth conditions under which Indian tribes may be treated as States. Directs the Administrator to report to the Congress on: (1) recommendations for addressing hazardous and solid wastes and underground storage tanks within Indian country; (2) methods to maximize Indian participation in, and administration of, programs under such Act; and (3) the amount of assistance required and how the Administrator intends to provide such assistance to Indian tribes for the administration of such programs. Requires the Administrator to establish an inventory of: (1) sites within Indian country at which hazardous waste has been stored or disposed; and (2) open dumps within Indian country at which solid waste has been disposed. Directs the Administrator to assist Indian tribes in upgrading open dumps to comply with applicable requirements.

To grant state status to Indian tribes for purposes of enforcement of the Solid Waste Disposal Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NASA and JPL 50th Anniversary Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary) shall mint and issue the following coins: (1) $50 gold coins.--Not more than 50,000 $50 gold coins which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain 1 troy ounce of fine gold. (2) $1 silver coins.--Not more than 400,000 $1 coins of each of the 9 designs specified in section 3(a)(3)(B), 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. (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. (d) Mintage Level Limit.--Notwithstanding the mintage level limit described under section 5112(m)(2)(A)(ii) of title 31, United States Code, the Secretary of the Treasury may mint and issue not more than 400,000 of each of the 9 $1 coins authorized to be minted under this Act. SEC. 3. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 50 years of exemplary and unparalleled achievements of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory. (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 ``2008''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $50 coins.-- (i) Obverse.--The obverse of the $50 coins issued under this Act shall bear an image of the sun. (ii) Reverse.--The reverse of the $50 coins issued under this Act shall bear a design emblematic of the sacrifice of the United States astronauts who lost their lives in the line of duty over the course of the space program. (iii) Edge.--The edge of the $50 coins issued under this Act shall bear the names and dates of the spacecraft missions on which United States astronauts lost their lives over the course of the space program. (iv) High relief.--The design and inscriptions on the obverse and reverse of the $50 coins issued under this Act shall be in high relief. (B) $1 coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall bear 9 different designs each of which shall consist of an image of 1 of the 9 planets of the solar system, including Earth. (ii) Reverse.--The reverse of the $1 coins issued under this Act shall bear different designs each of which shall be emblematic of discoveries and missions of the Jet Propulsion Laboratory to the planet depicted on the obverse of the coin, subject to the following requirements: (I) Earth coin.--The reverse of the $1 coins issued under this Act which bear an image of the Earth on the obverse shall bear images emblematic of, and honoring, the discoveries and missions of the National Aeronautics and Space Administration, the Mercury, Gemini and Space Shuttle missions and other manned Earth-orbiting missions, and the Apollo missions to the Moon. (II) Jupiter coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Jupiter on the obverse shall include a scientifically accurate depiction of the Galilean moon Europa and depict both a past and future mission to Europa. (III) Saturn coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Saturn on the obverse shall include a scientifically accurate depiction of the moon Titan and depict both a past and a future mission to Titan. (IV) Pluto coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Pluto on the obverse shall include a design that is emblematic of telescopic exploration of deep space by the National Aeronautics and Space Administration and the ongoing search for Earth-like planets orbiting other stars. (iii) Edge.--It is the sense of the Congress that, to the extent practicable, the edge of each $1 coin should bear the names and dates or range of dates of missions or mission types to the planet depicted on the obverse. (4) Realistic and scientifically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and scientific accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration, the Director of the Jet Propulsion Laboratory, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 4. SYMBOLIC INCLUSION OF METALS THAT HAVE FLOWN IN SPACE. (a) Collection.--Each Federal agency and instrumentality of the United States, including the Department of Defense, the Smithsonian Institution, the National Aeronautics and Space Administration, and the Jet Propulsion Laboratory, that has in its possession any craft, or any part of a craft, that flew in space shall-- (1) retrieve such gold, silver, copper, and other metals that the Director of the United States Mint determines are appropriate for use in the production of any coins under this Act, from such craft or part, that can be retrieved without harming any such craft or part that may be of continuing use for its original purpose or for research, or whose preservation is appropriate for historical purposes; and (2) deposit such metals so retrieved with the Director of the United States Mint. (b) Use of Metals in Production of Coins.--Any metals deposited with the Director of the United States Mint under subsection (a) shall be used in the production of the coins struck under this Act by blending such metals with other metal necessary for the production of such coins so that all of the coins produced under this Act will contain some proportion of the bullion obtained from craft or parts of crafts that flew in space in an amount appropriate for the types and denominations of the coins and the amount of metals so deposited. (c) Recordkeeping.--It is the sense of the Congress that each Federal agency and instrumentality of the United States which retrieves any metals in accordance with subsection (a) should maintain accurate and complete records of the retrieval and deposit of any such metals sufficient to allow the Director of the United States Mint-- (1) to provide certificates of authenticity with coins issued under this Act that some proportion of the contents of such coins were obtained from craft or parts of crafts that flew in space; and (2) to package with each issued coin a list of the missions in which such craft flew in space. (d) Private Spacecraft.-- (1) In general.--Each Federal agency and instrumentality of the United States that has or continues to conduct space- related missions shall, in addition to the efforts described in subsection (a), make efforts to secure and retrieve from privately-held craft that has flown in space such gold, silver, copper and other metals that the Director of the United States Mint determines are appropriate for use in the production of any coins under this Act. (2) Recordkeeping.--It is the sense of the Congress that each Federal agency and instrumentality of the United States which retrieves any metals pursuant to paragraph (1) from privately-held craft that has flown in space should comply with the recordkeeping procedures described in subsection (c) with respect to such metal. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality only. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2008. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2008. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) 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. (c) Presentation.--In addition to the issuance of coins under this Act in such other methods of presentation as the Secretary of the Treasury determines to be appropriate, the Secretary shall provide, as a sale option, a presentation case which displays the $50 gold coin in the center surrounded by the $1 silver coins in an elliptical orbit. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $50 per coin for the $50 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly distributed as follows: (1) The first $1,000,000 available for distribution under this section, to the NASA Family Assistance Fund for the purposes of providing need-based financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties. (2) Of amounts available for distribution after the payment under paragraph (1), \1/2\ to the Secretary of the Smithsonian Institution for the preservation, maintenance, and display of space artifacts at the National Air and Space Museum (including the Steven F. Udvar-Hazy Center). (3) Of amounts available for distribution after the payment under paragraph (1)-- (A) \1/4\ to the Secretary of the Smithsonian Institution for the preservation, maintenance, and display of the National Numismatics Collection; and (B) \1/4\ to the National Numismatic Preservation Foundation for the preservation, maintenance, and display of numismatic collectibles. (c) Audits.--The NASA Family Assistance Fund and the Secretary of the Smithsonian Institution shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. BRONZE DUPLICATES. The Secretary may strike and sell bronze duplicates of the $50 gold coins authorized under this Act, at a price the Secretary determines to be appropriate.

NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) 50 dollar gold coins; and (2) one dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other metals that are appropriate for use in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Directs each federal agency and U.S. instrumentality that has or continues to conduct space-related missions to make efforts to secure and retrieve from privately-held craft flown in space such gold, silver, copper, and other metals that the Director determines are appropriate for use in the production of any coins under this Act. Authorizes the Secretary of the Treasury to strike and sell bonze duplicates of the $50 gold coins authorized under this Act.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory.

SECTION 1. FINDINGS. The Congress finds the following: (1) The original Cheyenne-Arapaho Indian Reservation in western Oklahoma, which included the land known as the Fort Reno Military Reservation, was established by the Medicine Lodge Creek Treaty of 1867 and reaffirmed by Executive order in 1869. (2) The Fort Reno Military Reservation lands include sites used by the Tribe for the Sun Dance and other religious and cultural purposes, burial sites, and medicine gathering areas. SEC. 2. LAND TAKEN INTO TRUST. (a) In General.--The land described in subsection (b) is hereby taken into trust for the Cheyenne-Arapaho Tribes of Oklahoma. (b) Land Described.--The land taken into trust pursuant to subsection (a) is that land in Canadian County, Oklahoma, described as follows: (1) All of sections 1, 2, 3, and 4, Township 12 North, Range 8 West, Indian Meridian. (2) Those portions of sections 25 and 26 lying south of the North Canadian River, Township 13 North, Range 8 West, Indian Meridian. (3) That portion of section 26 lying west of the North Canadian River, Township 13 North, Range 8 West, Indian Meridian. (4) All of sections 27, 28, 33, 34, 35, and 36, Township 13 North, Range 8 West, Indian Meridian. SEC. 3. USE OF PORTION OF LAND BY BUREAU OF PRISONS. The Secretary, with the consent of and on terms agreeable to the Business Committee of the Tribe, may lease to the United States for use by the Bureau of Prisons of the Department of Justice in connection with the Federal Reformatory at El Reno, Oklahoma, all or part of the land described as the south half of section 1 and the south half of section 2, Township 12 North, Range 8 West, Indian Meridian. SEC. 4. PRIOR EASEMENTS, LICENSES, PERMITS, AND COMMITMENTS. (a) Nonrevocable; time-limited.--(1) A nonrevocable easement, license, permit, or commitment with respect to the lands described in section 2 shall continue in effect for the period for which it was granted or made if such nonrevocable easement, license, permit, or commitment was granted or made-- (A) on or before the date of the enactment of this Act; (B) by the Secretary of War or by the Secretary of Agriculture; and (C) for a specified, limited period of time. (2) An easement, license, permit, or commitment described in paragraph (1) may be renewed by the Secretary upon such terms and conditions as the Secretary considers advisable. (b) Revocable; indefinite duration.--An easement, license, permit, or commitment which exists on the date of the enactment of this Act with respect to the lands described in section 2 may be continued or renewed by the Secretary if-- (1) the easement, license, permit, or commitment is revocable or of indefinite duration, and (2) the Secretary considers such continuance or renewal to be in the public interest. (c) Use of Land by Bureau of Prisons.--(1) In the case of lands described in paragraph (2), the Secretary may continue or renew an easement, right-of-way, or permit to land, only if such easement, right-of-way, or permit is-- (A) in effect on the date of the enactment of this Act; (B) limited to use or maintenance of water lines, roads to and from the sewage disposal plant, or sewage effluent lakes from the sewage disposal plant located on the land; (C) granted for use by Bureau of Prisons of the Department of Justice; and (D) useful to the Bureau of Prisons for purposes of maintaining the sewage disposal plant located on the land. (2) The land referred to in paragraph (1) is that land described in section 2 that is located in-- (A) section 1, Township 12 North, Range 8 West, Indian Meridian; and (B) the southeast quarter of section 36, Township 13 North, Range 8 West, Indian Meridian. SEC. 5. BUILDINGS AND OTHER IMPROVEMENTS. The Secretary may-- (1) make any Federally owned buildings, improvements, or facilities (including any personal property used in connection with such buildings, improvements, or facilities) located on the land described in section 2 available to the Tribe for their use; and (2) convey any Federally owned buildings, improvements, or facilities (including any personal property used in connection with such buildings, improvements, or facilities) located on the land described in section 2 to the Tribe in accordance with the Act entitled ``An Act to authorize the Secretary of the Interior to convey to Indian tribes certain federally owned buildings, improvements, or facilities on tribal lands or on lands reserved for Indian administration'' approved August 6, 1956 (25 U.S.C. 443a). SEC. 6. ELIGIBILITY FOR FEDERAL SERVICES AND BENEFITS. For the purposes of the eligibility for and delivery of all services and benefits provided to Indians because of their status as federally recognized, those members of the Tribe residing in Canadian County, Oklahoma, shall be deemed to be resident on or near an Indian reservation. SEC. 7. EFFECT ON TREATIES. No provision of this Act shall be construed to constitute an amendment, modification, or interpretation of any treaty to which the Tribe or any other Indian tribe is a party nor to any right secured to the Tribe or any other Indian tribe by any treaty. SEC. 8. DEFINITIONS. For purposes of this Act: (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Tribe'' means the Cheyenne-Arapaho Tribes of Oklahoma.

Takes into trust for the Cheyenne-Arapaho Tribes of Oklahoma certain land in Oklahoma (part of the original Cheyenne-Arapaho reservation known as the Fort Reno Military Reservation) and authorizes the lease of all or part of such land to the Bureau of Prisons in connection with the Federal Reformatory at El Reno, Oklahoma. Sets forth improvements and easement provisions.

To take into trust for the Cheyenne-Arapaho Tribes of Oklahoma certain land in Oklahoma that was known as the Fort Reno Military Reservation and that was formerly part of the Cheyenne-Arapaho lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Roads for America Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) An individual who is 65 years of age needs 4 times the amount of light to see at night as compared to an individual who is 25 years of age. (2) The AAA Foundation for Traffic Safety projects that by 2030 1 in every 4 drivers will be 65 years of age or older. (3) Increasing the retroreflectivity and size of traffic signs provides added decision time for older drivers. (4) Increasing the retroreflectivity and size of traffic signs also provides for faster response time by emergency medical technicians and police and fire personnel by increasing their ability to read and understand signs and reduce travel time to a site. (5) More than 50 percent of traffic accidents resulting in fatalities occur at night, and increased retroreflectivity of traffic signs addresses this issue. (6) In 2007, the following deadlines were established in the Manual on Uniform Traffic Control Devices in response to a statutory requirement from Congress: (A) By January 22, 2012, roadway owners must adopt a plan to ensure that their signs meet minimum levels of retroreflectivity. (B) By January 22, 2015, regulatory and warning signs and post-mounted signs must meet minimum levels of retroreflectivity. (C) By January 22, 2018, overhead and street name signs must meet minimum levels of retroreflectivity. (7) The Federal Highway Administration has estimated that the cost for making these retroreflectivity improvements for signage throughout the United States is $37,000,000 over a 10- year period. (8) At no point must a roadway owner replace a sign that meets the minimum levels of retroreflectivity. (9) The United States is currently experiencing the worst economic conditions since the Great Depression. (10) As a result, local governments across the United States are experiencing one of the most economically challenging times in history, with available revenues unable to match the costs of services demanded by the public. (11) To compensate for depressed revenue collections during the economic downturn, counties and cities are adopting severe cost-cutting measures, such as laying off and furloughing employees (including public safety personnel), cancelling or postponing planned capital improvements, deferring necessary maintenance, cutting equipment inventories, and in some cases declaring bankruptcy. (12) The costs of employee benefits continue to rise and local governments have to devote more resources to keep up with inflation. (13) States are passing along the costs of services to local governments as a method to balance their budgets. (14) The outlook for recovery appears to be at least 5 years away given that, even when the economy recovers, local governments experience a delay in increased tax collections due to the nature of property tax collections. SEC. 3. RETROREFLECTIVITY LEVEL STANDARDS APPLICABLE TO TRAFFIC SIGNS. (a) In General.--The Secretary of Transportation shall modify the target compliance dates for minimum retroreflectivity level standards set forth in section 2A.08 of the Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition (incorporated by reference in subpart F of part 655 of title 23, Code of Federal Regulations) so that the following target compliance dates apply: (1) A target compliance date of January 22, 2012, for implementation and continued use of an assessment or management method that is designed to maintain traffic sign retroreflectivity at or above the established minimum levels. (2) A target compliance date of January 22, 2018, for replacement of regulatory, warning, and post-mounted guide (except street name) signs that are identified using the assessment or management method as failing to meet the established minimum levels. (3) A target compliance date of January 22, 2021, for replacement of street name signs and overhead guide signs that are identified using the assessment or management method as failing to meet the established minimum levels. (b) Effect on Proposed Regulations.--The Secretary shall revise the notice of proposed amendments published in the Federal Register on August 31, 2011 (76 Fed. Reg. 54156), to incorporate the target compliance dates specified in subsection (a). (c) Funding.--The Secretary may use funds available to the Secretary to carry out this section notwithstanding any funding limitation enacted before the date of enactment of this Act. SEC. 4. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) Highway Signs and Pavement Markings.--Section 148(a)(3)(B)(xi) of title 23, United States Code, is amended to read as follows: ``(xi) Installation, replacement, and upgrade of highway signs and pavement markings, including any upgrade of materials and the implementation of any assessment or management method designed to meet a State-established performance standard, Federal regulation, or requirement contained in the Manual on Uniform Traffic Control Devices relating to minimum levels of retroreflectivity.''. (b) Maintaining Minimum Levels of Retroreflectivity.-- (1) Definition.--Section 148(a) of such title is amended by adding at the end the following: ``(7) Project to maintain minimum levels of retroreflectivity.--The term `project to maintain minimum levels of retroreflectivity' means a project undertaken pursuant to the Manual on Uniform Traffic Control Devices requiring public agencies to use an assessment or management method that is designed to maintain highway sign or pavement marking retroreflectivity at or above prescribed minimum levels.''. (2) Eligible projects.--Section 148(d)(1) of such title is amended-- (A) by striking ``or'' at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) any project to maintain minimum levels of retroreflectivity on a public road, whether or not such project is included in the State strategic highway safety plan; or''. (3) Increased federal share.--The first sentence of section 120(c)(1) of such title is amended by inserting ``maintaining minimum levels of retroreflectivity of highway signs or pavement markings,'' after ``signalization,''. (c) Standards for Projects To Upgrade Highway Signs and Pavement Markings.--Section 148 of such title is amended by adding at the end the following: ``(i) Standards for Projects To Upgrade Highway Signs and Pavement Markings.--The Secretary shall issue standards for the use of funds apportioned to a State under section 104(b)(5) for highway safety improvement projects to upgrade highway signs and pavement markings in order to meet or exceed minimum maintained levels of retroreflectivity. Such standards shall ensure that the projects are carried out so as to meet defined criteria, consistent with other safety upgrades, using a systematic approach. Such standards shall permit the use of the funds for an initial upgrade of highway signs and pavement markings in the State, but shall prohibit the funds from being used for maintenance activities.''.

Safe Roads for America Act of 2011 - Requires the Secretary of Transportation to modify the target compliance dates for the following minimum retroreflectivity level standards: (1) implementation and continued use of an assessment or management method that is designed to maintain traffic sign retroreflectivity at or above the established minimum levels; (2) replacement of regulatory, warning, and post-mounted guide (except street name) signs identified using the assessment or management method as failing to meet the established minimum levels; and (3) replacement of street name signs and overhead guide signs that are identified using the assessment or management method as failing to meet the established minimum levels. Requires the Secretary to revise the notice of proposed amendments published in the Federal Register on August 31, 2011, to incorporate the new target compliance dates. Includes measures designed to meet a state-established performance standard, federal regulation, or requirement contained in the Manual on Uniform Traffic Control Devices relating to minimum levels of retroreflectivity as projects for purposes of the highway safety improvement program. Allows a maximum 100% federal share of the costs of construction related to maintaining minimum levels of retroreflectivity of highway signs or pavement markings. Directs the Secretary to issue standards for the use of funds apportioned to a state for highway safety improvement projects to upgrade highway signs and pavement markings in order to meet or exceed minimum maintained levels of retroreflectivity. Requires such standards to prohibit fund use for maintenance activities.

To direct the Secretary of Transportation to delay certain target compliance dates for minimum retroreflectivity level standards applicable to traffic signs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Facilities Security Act of 2008''. SEC. 2. MODIFICATION AND TRANSFER OF CHEMICAL-FACILITIES SECURITY PROGRAM. (a) Striking of Sunset Provision.--Section 550 of Public Law 109- 295 is amended by striking subsection (b). (b) Preemption.--Section 550 of Public Law 109-295, as amended by section 534 of division E of Public Law 110-161, is amended by striking subsection (h). (c) Transfer.--Section 550 of Public Law 109-295, as amended by subsections (a) and (b), is-- (1) transferred from Public Law 109-295; (2) redesignated as section 2101; (3) transferred to the Homeland Security Act of 2002; and (4) added at the end of such Act. (d) Stylistic Modifications; Revisions Regarding Preemption.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), as amended by subsection (c), is amended by striking section 2101 and inserting the following: ``TITLE XXI--REGULATION OF SECURITY PRACTICES AT CHEMICAL FACILITIES ``SEC. 2101. RISK-BASED PERFORMANCE STANDARDS; VULNERABILITY ASSESSMENTS; SITE SECURITY PLANS. ``(a) In General.-- ``(1) Regulations.--The Secretary shall by regulation establish risk-based performance standards for security of chemical facilities and require vulnerability assessments and the development and implementation of site security plans for such facilities, subject to paragraph (2). ``(2) Covered facilities.--This title applies to chemical facilities that, in the discretion of the Secretary, present high levels of security risk. ``(b) Layered Security Measures.--Regulations under subsection (a) shall permit each chemical facility, in developing and implementing site security plans, to select layered security measures that, in combination, appropriately address the vulnerability assessment and the risk-based performance standards for security for the facility. ``(c) Authority of Secretary Regarding Site Security Plans.--The Secretary may not disapprove a site security plan submitted under this section based on the presence or absence of a particular security measure, but the Secretary may disapprove a site security plan if the plan fails to satisfy the risk-based performance standards established by this section. ``(d) Alternative Security Programs.--The Secretary may approve alternative security programs established by private sector entities, Federal, State, or local authorities, or other applicable laws if the Secretary determines that the requirements of such programs meet the requirements of this section and the interim regulations. ``(e) Review of Vulnerability Assessments and Site Security Plans.--The Secretary shall review and approve each vulnerability assessment and site security plan required under this section. ``(f) Exempted Facilities.--The Secretary shall not apply regulations issued pursuant to this title to any of the following: ``(1) Facilities regulated pursuant to the Maritime Transportation Security Act of 2002. ``(2) Public water systems, as defined by section 1401 of the Safe Drinking Water Act. ``(3) Treatment works, as defined in section 212 of the Federal Water Pollution Control Act. ``(4) Any facility owned or operated by the Department of Defense or the Department of Energy. ``(5) Any facility subject to regulation by the Nuclear Regulatory Commission. ``SEC. 2102. PROTECTIONS FROM PUBLIC DISCLOSURE. ``(a) In General.--Notwithstanding any other provision of law, information developed under this title, including vulnerability assessments, site security plans, and other security-related information, records, and documents, shall be given protections from public disclosure consistent with similar information developed by chemical facilities subject to regulation under section 70103 of title 46, United States Code, subject to subsection (b). ``(b) Limitation.--Subsection (a) does not prohibit the sharing of information, as the Secretary deems appropriate, with State and local government officials possessing the necessary security clearances, including law enforcement officials and first responders, for the purpose of carrying out this title, except that such information may not be disclosed pursuant to any State or local law. ``(c) Treatment as Sensitive Security Information.--In any proceeding to enforce this title, vulnerability assessments, site security plans, and other information submitted to or obtained by the Secretary under this title, and related vulnerability or security information, shall be treated as if the information were classified material. ``SEC. 2103. ENFORCEMENT. ``(a) Civil Penalty.--Any person who violates an order issued under this title shall be liable for a civil penalty under section 70119(a) of title 46, United States Code. ``(b) Audits and Inspections.--The Secretary shall audit and inspect chemical facilities for the purposes of determining compliance with the regulations issued pursuant to this title. ``(c) Notice of Noncompliance.-- ``(1) In general.--If the Secretary determines that a chemical facility is not in compliance with this section, the Secretary shall provide the owner or operator with written notification (including a clear explanation of deficiencies in the vulnerability assessment and site security plan) and opportunity for consultation, and issue an order to comply by such date as the Secretary determines to be appropriate under the circumstances, subject to paragraph (2). ``(2) Order to cease operation.--If the owner or operator continues to be in noncompliance, the Secretary may issue an order for the facility to cease operation, until the owner or operator complies with the order. ``(d) Exclusive Authority of Secretary.--Nothing in this title confers upon any person except the Secretary a right of action against an owner or operator of a chemical facility to enforce any provision of this title. ``(e) Effect on Other Federal Laws.--Nothing in this section shall be construed to supersede, amend, alter, or affect any Federal law that regulates the manufacture, distribution in commerce, use, sale, other treatment, or disposal of chemical substances or mixtures. ``SEC. 2104. AUTHORITY OF STATES. ``This title does not preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to chemical facility security that is more stringent than a regulation, requirement, or standard of performance issued under this title, or otherwise impair any right or jurisdiction of any State with respect to chemical facilities within that State.''.

Chemical Facilities Security Act of 2008 - Extends and transfers provisions requiring the Secretary of Homeland Security to establish risk-based performance standards, require vulnerability assessments, and implement site plans for the security of chemical facilities from the Department of Homeland Security Appropriations Act, 2007 to the Homeland Security Act of 2002. Eliminates the condition that an actual conflict with such provisions would preempt related state or local regulatory authority.

To revise and extend the chemical-facility security program under Public Law 109-295, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cabin Fee Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Cabin user fees. Sec. 4. Cabin transfer fees. Sec. 5. Right of appeal and judicial review. Sec. 6. Consistency with other law and rights. Sec. 7. Regulations. SEC. 2. DEFINITIONS. In this Act: (1) Authorization; authorize.--The terms ``authorization'' and ``authorize'' mean the issuance of a special use permit for the use and occupancy of National Forest System land by a cabin owner under the Recreation Residence Program. (2) Cabin.--The term ``cabin'' means a privately built and owned recreation residence and related improvements on National Forest System land that-- (A) is authorized for private use and occupancy; and (B) may be sold or transferred between private parties. (3) Cabin owner.--The term ``cabin owner'' means-- (A) a person authorized by the Secretary to use and to occupy a cabin; and (B) a trust, heir, or assign of a person described in subparagraph (A). (4) Cabin transfer fee.--The term ``cabin transfer fee'' means a fee that is paid to the United States on the transfer of a cabin between private parties for money or other consideration that results in the issuance of a new permit. (5) Cabin user fee.--The term ``cabin user fee'' means an annual fee paid to the United States by a cabin owner in accordance with an authorization for the use and occupancy of a cabin. (6) Current appraisal cycle.--The term ``current appraisal cycle'' means the completion of Forest Service review and acceptance of-- (A) initial typical lot appraisals; or (B) second appraisals, if ordered by cabin owners and approved by the Forest Service. (7) Current cabin user fee.--The term ``current cabin user fee'' means the most recent cabin user fee, as adjusted under section 3(c). (8) Lot.--The term ``lot'' means a parcel of National Forest System land on which a person is authorized to build, use, occupy, and maintain a cabin. (9) National forest system land.--The term ``National Forest System land'' means National Forest System land derived from the public domain. (10) Recreation residence program.--The term ``Recreation Residence Program'' means the Recreation Residence Program established under the last paragraph under the heading ``Forest service'' in the Act of March 4, 1915 (16 U.S.C. 497). (11) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (12) Typical lot.--The term ``typical lot'' means a cabin lot, or group of cabin lots, in a tract that is selected for use in an appraisal as being representative of, and that has similar value characteristics as, other lots or groups of lots within the tract. SEC. 3. CABIN USER FEES. (a) Payment of Cabin User Fees.--Cabin owners shall pay an annual cabin user fee established by the Secretary in accordance with this section. (b) Initial Cabin User Fees.-- (1) Establishment.--The Secretary shall establish initial cabin user fees in accordance with this subsection. (2) Assignment to value tiers.--On completion of the current appraisal cycle, as required by paragraph (4), the Secretary shall assign each permitted lot on National Forest System land to 1 of 9 tiers based on the following considerations: (A) Before assigning the lots to tiers, all appraised lot values shall be adjusted, or normalized, for price changes occurring after the appraisal, in accordance with the National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (B) Second appraisal values that are not rejected by the Forest Service shall supersede initial lot appraisal values for the normalization and ranking process under subparagraph (A). (C) The tiers shall be established, on a national basis, according to relative lot value, with lots having the lowest adjusted appraised value assigned to tier 1 and lots having the highest adjusted appraised value assigned to tier 9. (D) The number of lots (by percentage) assigned to each tier is contained in the table set forth in paragraph (3). (E) Data from incomplete appraisals may not be used to establish the fee tiers under this subsection. (F) Until assigned to a tier under this subsection, the Secretary shall assess an interim fee for permitted cabin lots (including lots with incomplete appraisals), which shall be an amount equal to the lesser of-- (i) $4,500; or (ii) the amount of the current cabin user fee, increased by 25 percent. (3) Amount of initial cabin user fees.--The initial cabin user fees, based on the assignments under paragraph (2), are as follows: ------------------------------------------------------------------------ Approximate Percent of Fee Tier Permits Nationally Fee Amount ------------------------------------------------------------------------ Tier 1 8 percent $500 ------------------------------------------------------------------------ Tier 2 12 percent $1,000 ------------------------------------------------------------------------ Tier 3 12 percent $1,500 ------------------------------------------------------------------------ Tier 4 14 percent $2,000 ------------------------------------------------------------------------ Tier 5 14 percent $2,500 ------------------------------------------------------------------------ Tier 6 14 percent $3,000 ------------------------------------------------------------------------ Tier 7 11 percent $3,500 ------------------------------------------------------------------------ Tier 8 8 percent $4,000 ------------------------------------------------------------------------ Tier 9 7 percent $4,500. ------------------------------------------------------------------------ (4) Deadline for completion of current appraisal cycle.-- Not later than 3 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle. (5) Effective date.--The initial cabin user fees required by this subsection shall take effect beginning with the first calendar year beginning after the completion of the current appraisal cycle. (c) Annual Adjustments of Cabin User Fee.-- (1) In general.--Subject to paragraph (2), the Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average, to assess an annual adjustment to cabin user fees. (2) Limitations.--Notwithstanding paragraph (1), cabin user fees established under this section shall be increased by not more than 25 percent in an annual adjustment under paragraph (a). (d) Effect of Destruction, Substantial Damage, or Loss of Access.-- (1) In general.--The Secretary shall reduce the cabin user fee to $100 per year for a cabin if-- (A) the cabin is destroyed or suffers substantial damage in an amount that is greater than 50 percent of replacement cost of the cabin; or (B) access to the cabin is significantly impaired, whether by catastrophic events, natural causes, or governmental actions, which results in the cabin being rendered unsafe or unable to be occupied. (2) Term of reduced fee.--The reduced fee under paragraph (1) shall be in effect until the later of-- (A) the last day of the year in which the destruction or impairment occurs; or (B) the date on which the cabin may be lawfully reoccupied and normal access has been restored. SEC. 4. CABIN TRANSFER FEES. (a) Payment of Cabin Transfer Fees.--In conjunction with the transfer of ownership of any cabin and the issuance of a new permit, the cabin owner transferring the cabin shall file with the Secretary a sworn statement declaring the amount of money or other value received, if any, for the transfer of the cabin. (b) Amount.--As a condition of the issuance by the Secretary of a new authorization for the use and occupancy of the cabin, the cabin owner transferring the cabin shall pay to the Secretary a cabin transfer fee in an amount determined as follows: ---------------------------------------------------------------------------------------------------------------- Consideration Received by Transfer Transfer Fee Amount ---------------------------------------------------------------------------------------------------------------- $0 to $250,000 $1,000 ---------------------------------------------------------------------------------------------------------------- $250,000.01 to $500,000.00 $1,000 plus 5 percent of consideration in excess of $250,000 up to $500,000 ---------------------------------------------------------------------------------------------------------------- $500,000.01 and above $1,000 plus 5 percent of consideration in excess of $250,000 up to $500,000 plus 10 percent of consideration in excess of $500,000. ---------------------------------------------------------------------------------------------------------------- (c) Index.--The Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average, to determine and apply an annual adjustment to the cabin transfer fee threshold amounts set forth in the table contained in subsection (b). SEC. 5. RIGHT OF APPEAL AND JUDICIAL REVIEW. (a) Right of Appeal.-- (1) In general.--Notwithstanding any action of a cabin owner to exercise rights in accordance with section 6, the Secretary shall by regulation grant to the cabin owner the right to an administrative appeal of the determination of a new cabin user fee, fee tier, cabin transfer fee, or whether or not to reduce a cabin user fee under section 3(d). (2) Applicable law.--An appeal under paragraph (1) shall be pursuant to the appeal process provided under subpart C of part 251 of title 36, Code of Federal Regulations (or a successor regulation). (b) Judicial Review.-- (1) In general.--A cabin owner that contests a final decision of the Secretary under this Act may bring a civil action in United States district court. (2) Venue.--The venue for an action brought before the United States district court under this subsection shall be in the Federal judicial district in which the cabin is located or the permit holder resides. (3) Effect on mediation.--Nothing in this Act precludes a person from seeking mediation for an action under this Act. SEC. 6. EFFECT. (a) In General.--Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource. (b) Special Rule for Alaska.--In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 7. REGULATIONS. Not later than December 31, 2012, the Secretary shall issue regulations to carry out this Act.

Cabin Fee Act of 2011 - Directs the Secretary of Agriculture (USDA) to set an annual fee for, and requires the payment of such fee to the United States by, an authorized owner of a privately built and owned recreational cabin located on National Forest System land. Reduces such fee to $100 annually if access to a cabin is significantly impaired, either by natural causes or governmental actions, such that the cabin is rendered unsafe or unable to be occupied. Requires payment of a transfer fee to the United States upon the transfer of a cabin between private parties for consideration.

A bill to modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Emergency Highway Relief Act''. SEC. 2. DISTRICT OF COLUMBIA EMERGENCY HIGHWAY RELIEF. (a) Temporary Waiver of Non-Federal Share.--Notwithstanding any other law, during fiscal years 1995 and 1996, the Federal share of the costs of an eligible project shall be a percentage requested by the District of Columbia, but not to exceed 100 percent of the costs of the project. (b) Eligible Projects.--In this section, the term ``eligible project'' means a highway project in the District of Columbia-- (1) for which the United States-- (A) is obligated to pay the Federal share of the costs of the project under title 23, United States Code, on the date of enactment of this Act; or (B) becomes obligated to pay the Federal share of the costs of the project under title 23, United States Code, during the period beginning on the date of the enactment of this Act and ending September 30, 1996; (2) which is-- (A) for a route proposed for inclusion on or designated as part of the National Highway System; or (B) of regional significance (as determined by the Secretary of Transportation); and (3) with respect to which the District of Columbia certifies that sufficient funds are not available to pay the non-Federal share of the costs of the project. SEC. 3. DEDICATED HIGHWAY FUND AND REPAYMENT OF TEMPORARY WAIVER AMOUNTS. (a) Establishment of Fund.--Not later than December 31, 1995, the District of Columbia shall establish a dedicated highway fund to be comprised, at a minimum, of amounts equivalent to receipts from motor fuel taxes and, if necessary, motor vehicle taxes and fees collected by the District of Columbia to pay in accordance with this section the cost-sharing requirements established under title 23, United States Code, and to repay the United States for increased Federal shares of eligible projects paid pursuant to section 2(a). The fund shall be separate from the general fund of the District of Columbia. (b) Payment of Non-Federal Share.--For fiscal year 1997 and each fiscal year thereafter, amounts in the fund shall be sufficient to pay, at a minimum, the cost-sharing requirements established under title 23, United States Code, for such fiscal year. (c) Repayment Requirements.-- (1) Fiscal year 1996.--By September 30, 1996, the District of Columbia shall pay to the United States from amounts in the fund established under subsection (a), with respect to each project for which an increased Federal share is paid in fiscal year 1995 pursuant to section 2(a), an amount equal to 50 percent of the difference between-- (A) the amount of the costs of the project paid by the United States in such fiscal year pursuant to section 2(a); and (B) the amount of the costs of the project that would have been paid by the United States but for section 2(a). (2) Fiscal year 1997.--By September 30, 1997, the District of Columbia shall pay to the United States from amounts in the fund established under subsection (a), with respect to each project for which an increased Federal share is paid in fiscal year 1995 pursuant to section 2(a) and with respect to each project for which an increased Federal share is paid in fiscal year 1996 pursuant to section 2(a), an amount equal to 50 percent of the difference between-- (A) the amount of the costs of the project paid in such fiscal year by the United States pursuant to section 2(a); and (B) the amount of the costs of the project that would have been paid by the United States but for section 2(a). (3) Fiscal year 1998.--By September 30, 1998, the District of Columbia shall pay to the United States from amounts in the fund established under subsection (a), with respect to each project for which an increased Federal share is paid in fiscal year 1996 pursuant to section 2(a), an amount equal to 50 percent of the difference between-- (A) the amount of the costs of the project paid in such fiscal year by the United States pursuant to section 2(a); and (B) the amount of the costs of the project that would have been paid by the United States but for section 2(a). (4) Deposit of repaid funds.--Repayments made under paragraphs (1), (2), and (3) with respect to a project shall be-- (A) deposited in the Highway Trust Fund established by section 9503 of the Internal Revenue Code of 1986; and (B) credited to the appropriate account of the District of Columbia for the category of the project. (d) Enforcement.--If the District of Columbia does not meet any requirement established by subsection (a), (b), or (c) and applicable in a fiscal year, the Secretary of Transportation shall not approve any highway project in the District of Columbia under title 23, United States Code, until the requirement is met. (e) GAO Audit.--Not later than December 31, 1996, and each December 31 thereafter, the Comptroller General of the United States shall audit the financial condition and the operations of the fund established under this section and shall submit to Congress a report on the results of such audit and on the financial condition and the results of the operation of the fund during the preceding fiscal year and on the expected condition and operations of the fund during the next 5 fiscal years. SEC. 4. ADDITIONAL REQUIREMENTS. (a) Expeditious Processing and Execution of Contracts.--The District of Columbia shall expeditiously process and execute contracts to implement the Federal-aid highway program in the District of Columbia. (b) Revolving Fund Account.--The District of Columbia shall establish an independent revolving fund account for Federal-aid highway projects. The account shall be separate from the capital account of the Department of Public Works of the District of Columbia and shall be reserved for the prompt payment of contractors completing highway projects in the District of Columbia under title 23, United States Code. (c) Highway Project Expertise and Resources.--The District of Columbia shall ensure that necessary expertise and resources are available for planning, design, and construction of Federal-aid highway projects in the District of Columbia. (d) Programmatic Reforms.--The Secretary of Transportation, in consultation with the District of Columbia Financial Responsibility and Management Assistance Authority, may require administrative and programmatic reforms by the District of Columbia to ensure efficient management of the Federal-aid highway program in the District of Columbia. (e) GAO Audit.--The Comptroller General of the United States shall review implementation of the requirements of this section (including requirements imposed under subsection (d)) and report to Congress on the results of such review not later than July 1, 1996. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

District of Columbia Emergency Highway Relief Act - Requires the Federal share of the costs of certain highway projects within the District of Columbia during FY 1995 and 1996 to be up to 100 percent, as requested by the District. Includes as eligible a project for a route proposed for inclusion in, or designated as part of, the National Highway System or of regional significance for which the United States is or, before September 30, 1996, becomes obligated to pay the Federal share and with respect to which the District of Columbia certifies that sufficient funds are not available to pay the full non-Federal share of costs. (Sec. 3) Requires the District, by December 31, 1995, to establish a dedicated highway fund (separate from its general fund) to pay the cost-sharing requirements under the Federal-aid highway program and to repay the increased Federal share of costs of eligible projects paid pursuant to this Act. Provides that such fund shall be comprised of receipts from motor fuel taxes and, if necessary, motor vehicle taxes and fees collected by the District. Requires the District to make repayments, by the end of each of FY 1996 through 1998, of the increased Federal share paid for such project or the Secretary of Transportation shall not approve any federal-aid highway project in the District. Requires the Comptroller General to audit and report to the Congress each year on the financial condition and operations of the fund. (Sec. 4) Requires the District to: (1) expeditiously process and execute contracts to implement the Federal-aid highway program in the District; (2) establish an independent revolving fund account for Federal-aid highway projects for the prompt payment of contractors completing Federal-aid highway projects in the District; and (3) ensure that necessary expertise and resources are available for planning, design, and construction of such projects. Authorizes the Secretary to require administrative and programmatic reforms by the District to ensure efficient management of the Federal-aid highway program in the District. Requires the Comptroller General to review and report to the Congress on the implementation of the requirements of this section.

District of Columbia Emergency Highway Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Cultural Exchange Jurisdictional Immunity Clarification Act''. SEC. 2. CLARIFICATION OF JURISDICTIONAL IMMUNITY OF FOREIGN STATES. (a) In General.--Section 1605 of title 28, United States Code, is amended by adding at the end the following: ``(h) Jurisdictional Immunity for Certain Art Exhibition Activities.-- ``(1) In general.--If-- ``(A) a work is imported into the United States from any foreign state pursuant to an agreement that provides for the temporary exhibition or display of such work entered into between a foreign state that is the owner or custodian of such work and the United States or one or more cultural or educational institutions within the United States; ``(B) the President, or the President's designee, has determined, in accordance with subsection (a) of Public Law 89-259 (22 U.S.C. 2459(a)), that such work is of cultural significance and the temporary exhibition or display of such work is in the national interest; and ``(C) the notice thereof has been published in accordance with subsection (a) of Public Law 89-259 (22 U.S.C. 2459(a)), any activity in the United States of such foreign state, or of any carrier, that is associated with the temporary exhibition or display of such work shall not be considered to be commercial activity by such foreign state for purposes of subsection (a)(3). ``(2) Exceptions.-- ``(A) Nazi-era claims.--Paragraph (1) shall not apply in any case asserting jurisdiction under subsection (a)(3) in which rights in property taken in violation of international law are in issue within the meaning of that subsection and-- ``(i) the property at issue is the work described in paragraph (1); ``(ii) the action is based upon a claim that such work was taken in connection with the acts of a covered government during the covered period; ``(iii) the court determines that the activity associated with the exhibition or display is commercial activity, as that term is defined in section 1603(d); and ``(iv) a determination under clause (iii) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). ``(B) Other culturally significant works.--In addition to cases exempted under subparagraph (A), paragraph (1) shall not apply in any case asserting jurisdiction under subsection (a)(3) in which rights in property taken in violation of international law are in issue within the meaning of that subsection and-- ``(i) the property at issue is the work described in paragraph (1); ``(ii) the action is based upon a claim that such work was taken in connection with the acts of a foreign government against members of a targeted group as part of a systematic confiscation or misappropriation of works in a manner similar to the actions of a covered government in subparagraph (A); ``(iii) the taking occurred after 1900; ``(iv) the court determines that the activity associated with the exhibition or display is commercial activity, as that term is defined in section 1603(d); and ``(v) a determination under clause (iv) is necessary for the court to exercise jurisdiction over the foreign state under subsection (a)(3). ``(3) Definitions.--For purposes of this subsection-- ``(A) the term `work' means a work of art or other object of cultural significance; ``(B) the term `covered government' means-- ``(i) the Government of Germany during the covered period; ``(ii) any government in any area in Europe that was occupied by the military forces of the Government of Germany during the covered period; ``(iii) any government in Europe that was established with the assistance or cooperation of the Government of Germany during the covered period; and ``(iv) any government in Europe that was an ally of the Government of Germany during the covered period; and ``(C) the term `covered period' means the period beginning on January 30, 1933, and ending on May 8, 1945.''. (b) Effective Date.--The amendment made by this section shall apply to any civil action commenced on or after the date of the enactment of this Act.

. Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (Sec. 2) This bill amends the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity cases where rights in property taken in violation of international law are in issue and that property, or any property exchanged for it, is: (1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States, or (2) owned by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States. The bill grants a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if: the work of art or other object of cultural significance is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or U.S. cultural or educational institutions; and the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest. The bill denies immunity, however, in cases concerning rights in property taken in violation of international law in which the action is based upon a claim that the work was taken: (1) between January 30, 1933, and May 8, 1945, by the government of Germany or any government in Europe occupied, assisted, or allied by the German government; or (2) after 1900 in connection with the acts of a foreign government against members of a targeted group as part of a similar systematic confiscation or misappropriation of works. For purposes of these denials of immunity, the court must determine that the activity associated with the exhibition or display is commercial and that determination must be necessary for the court to exercise jurisdiction over the foreign state.

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Partners Next Door Act of 2005''. SEC. 2. COMMUNITY PARTNERS NEXT DOOR ACT. (a) Discount and Downpayment Assistance for Teachers and Public Safety Officers.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and (2) by inserting after paragraph (6) the following new paragraph: ``(7) 50 percent discount for teachers and public safety officers purchasing properties that are eligible assets.-- ``(A) Discount.--A property that is an eligible asset and is sold, during fiscal years 2006 through 2010, to a teacher or public safety officer for use in accordance with subparagraph (B) shall be sold at a price that is equal to 50 percent of the appraised value of the eligible property (as determined in accordance with paragraph (6)(B)). In the case of a property eligible for both a discount under this paragraph and a discount under paragraph (6), the discount under paragraph (6) shall not apply. ``(B) Primary residence.--An eligible property sold pursuant to a discount under this paragraph shall be used, for not less than the 3-year period beginning upon such sale, as the primary residence of a teacher or public safety officer. ``(C) Sale methods.--The Secretary may sell an eligible property pursuant to a discount under this paragraph-- ``(i) to a unit of general local government or nonprofit organization (pursuant to paragraph (4) or otherwise), for resale or transfer to a teacher or public safety officer; or ``(ii) directly to a purchaser who is a teacher or public safety officer. ``(D) Resale.--In the case of any purchase by a unit of general local government or nonprofit organization of an eligible property sold at a discounted price under this paragraph, the sale agreement under paragraph (8) shall-- ``(i) require the purchasing unit of general local government or nonprofit organization to provide the full benefit of the discount to the teacher or public safety officer obtaining the property; and ``(ii) in the case of a purchase involving multiple eligible assets, any of which is such an eligible property, designate the specific eligible property or properties to be subject to the requirements of subparagraph (B). ``(E) Mortgage downpayment assistance.--If a teacher or public safety officer purchases an eligible property pursuant to a discounted sale price under this paragraph and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203 the downpayment on such mortgage shall be $100. ``(F) Prevention of undue profit.--The Secretary shall issue regulations to prevent undue profit from the resale of eligible properties in violation of the requirement under subparagraph (B). ``(G) Definitions.--For the purposes of this paragraph, the following definitions shall apply: ``(i) The term `eligible property' means an eligible asset described in paragraph (2)(A) of this subsection. ``(ii) The term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(iii) The term `teacher' means an individual who is employed on a part- or full- time basis as a teacher, teacher assistant, or administrator in a public or private school that provides elementary or secondary education, as determined under State law, except that elementary education shall include pre-Kindergarten education, and except that secondary education shall not include any education beyond grade 12. ``(H) Program integrity.--Notwithstanding any other provision of this paragraph, the Secretary may suspend the applicability of this paragraph for such period as the Secretary considers appropriate if the Secretary determines such suspension is necessary because of fraud or other issues regarding program integrity.''. (b) Conforming Amendments.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) in paragraph (4)(B)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; (2) in paragraph (5)(B)(i), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; and (3) in paragraph (6)(A), by striking ``paragraph (8)'' and inserting ``paragraph (9)''. (c) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section.

Community Partners Next Door Act of 2005 - Amends the National Housing Act to provide: (1) a 50% discount for teachers, teacher assistants, administrators, and public safety officers purchasing (FY2006-FY2010) certain eligible asset properties for use as their primary residence; and (2) a $100 downpayment on any related insured mortgage. Authorizes such sales directly to a qualifying individual or to a unit of local government or a nonprofit organization for resale to such individual.

To make single family housing owned by the Department of Housing and Urban Development available for purchase by teachers and public safety officers at a discount.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety for Americans from Nuclear Weapons Testing Act''. SEC. 2. FINDINGS. Congress finds the following: (1) From 1951 until 1992, the United States conducted over 900 nuclear weapons tests at the Nevada Test Site. (2) Of those tests, 100 exploded above ground and approximately one-fourth of those were bigger than the bomb dropped on Hiroshima, Japan. (3) The remaining 804 tests were detonated underground, yet many of these tests also released significant amounts of radioactive fallout into the atmosphere. The Shot Baneberry, detonated in 1970, was buried 900 feet below ground but radioactive debris erupted 10,000 feet into the air. (4) Public health researchers studied the implications of radiation fallout and weapons testing in 1961 and discovered significant negative health effects. (5) These research findings were not released until 1979. In the meantime, American citizens were never warned about the likelihood of contamination in areas downwind of the blasts nor were they alerted to adverse health effects associated with radiation exposure. (6) During the 1980s, public pressure forced the Federal Government to address surprisingly high rates of cancer and other illnesses among people exposed to radioactive fallout, commonly known as ``downwinders,'' which led to the passage of the Radiation Exposure Compensation Act in 1990. (7) To date, only one comprehensive radiation exposure study of an isotope, iodine-131, has been conducted and released. Iodine-131 is only one of more than 150 radionuclides released by the tests to which the American people were exposed. (8) This same radioactive fallout study, conducted by the National Cancer Institute, shows that exposure was not limited to residents of Nevada and Utah. Extensive radiation exposure has been documented in all of the contiguous 48 States, with some counties in the Midwest and the eastern United States receiving more fallout than some areas directly downwind of the Nevada Test Site. (9) The United States has engaged in a moratorium on nuclear weapons testing since 1992. However, the United States might in the future decide to resume nuclear weapons testing. (10) Before any resumption of nuclear weapons testing, the American public deserves much greater accountability from the Federal Government with respect to the health and safety aspects of nuclear weapons testing. (11) Therefore, the Federal Government must ensure public safety in the event of future nuclear weapons tests through a thorough analysis of the environmental effects of testing, public notification, comprehensive and independent test monitoring, and extensive health research efforts. SEC. 3. TREATMENT UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 OF ACTIONS RELATING TO NUCLEAR WEAPONS TESTS. (a) In General.--Each of the actions described in subsection (b) by a Federal agency is deemed to be a major Federal action significantly affecting the quality of the human environment for which a separate detailed environmental impact statement is required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (b) Actions Described.--The actions referred to in subsection (a) are the following: (1) Any action having as a purpose the resumption of nuclear weapon or nuclear explosive device tests at the Nevada Test Site. (2) Use of a location other than the Nevada Test Site for testing of a nuclear weapon or nuclear explosive device. (c) Included Information.-- (1) In general.--The head of a Federal agency shall include in the environmental impact statement prepared for an action described in subsection (b) a detailed description of-- (A) the possibility of radiation containment failure as a result of the action and the effects of such containment failure; and (B) possible long term effects on the water table from underground radiation leakage resulting from the action. (2) Information for categories of weapons.--In the case of an action described in subsection (b) that is expected to result in the testing of more than one nuclear weapon or nuclear explosive device, the description required under paragraph (1) shall be included, separately, with respect to each of the following 3 classes of weapons and devices that might be the subject of such tests: (A) Weapons and devices having a yield of less than 15 kilotons. (B) Weapons and devices having a yield of not less than 15 kilotons and not greater than 50 kilotons. (C) Weapons and devices having a yield greater than 50 kilotons. (d) Availability of Statements.--The head of a Federal agency that carries out an action described in subsection (b)-- (1) shall make publicly available the detailed statement required for the action under section 102(2)(C) of the National Environmental Policy Act of 1969, notwithstanding the existence of a classified annex for the statement; and (2) shall submit to the Congress each classified annex to such a statement. (e) Existing Statements not Sufficient.--Any statement prepared before the date of the enactment of this Act shall not be treated as the statement required by section 102(2)(C) of the National Environmental Policy Act of 1969 with respect to an action described in subsection (b). SEC. 4. CONGRESSIONAL AUTHORIZATION REQUIRED FOR RESUMPTION OF NUCLEAR WEAPONS TESTING. The United States may not resume testing of nuclear weapons or any other nuclear explosive devices unless authorized by a law enacted after the date of the enactment of this Act. SEC. 5. PUBLIC NOTICE REQUIREMENTS. (a) Advance Public Notice of Each Test.-- (1) In general.--The United States may not carry out a test of a nuclear weapon or any other nuclear explosive device unless, for each such test, the President first provides, not less than 7 days before the date of the test, public notice of each of the following: (A) The fact that such a test is to be carried out. (B) The date and approximate time of the test. (C) The location of the test, including specific longitude and latitude. (2) Revisions.--To the extent any information provided pursuant to paragraph (1) changes, the President shall promptly provide public notice of the changes and of any other information necessary to comply with paragraph (1). (b) Prompt Notice of Each Release of Radiation Beyond NTS.-- Whenever a test of a nuclear weapon by the United States results in a release of radiation beyond the boundaries of the Nevada Test Site, the President shall promptly provide public notice of each of the following: (1) The actual date, time, and location of the test. (2) The fact that such a test has resulted in such a release. (3) The nature and extent of the release. (c) Rule of Construction.--The requirements of subsections (a) and (b) shall apply notwithstanding any provision of law that would otherwise require or permit the information to not be made public. SEC. 6. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING. (a) Grants Authorized.--From amounts made available to carry out this section, the Secretary of Homeland Security, acting through the Office for Domestic Preparedness, shall carry out a program under which the Secretary makes grants to institutions of higher education for use by those institutions only to acquire radiation detection equipment and sensors and, for a period of 10 years thereafter, to maintain and operate such equipment and sensors. (b) Preference.--In making grants under this section, the Secretary shall give preference to institutions in those States that received high levels of fallout from nuclear weapons tests, as determined by data collected by the National Cancer Institute. (c) Conditions.--As a condition of receiving a grant, the institution shall, whenever the United States carries out a test of a nuclear weapon or other nuclear explosive device during the period referred to in subsection (a)-- (1) use the equipment and sensors to carry out monitoring to determine the nature and amount of any radiation from the test that reaches such sensors; and (2) ensure that all information on radiation obtained through monitoring under paragraph (1) is made available to the public. SEC. 7. MONITORING OF RELEASES OF RADIATION INTO THE ATMOSPHERE. (a) Monitoring by DOE and EPA.--Whenever the United States carries out a test of a nuclear weapon or other nuclear explosive device, monitoring to determine the nature and extent of any radiation released into the atmosphere shall be carried out by-- (1) the Secretary of Energy, using-- (A) all available monitoring systems of the Department of Energy located on or off the test site; and (B) any other complementary monitoring system located off the test site that is made available to the Secretary by the head of any other element of the Federal Government; and (2) the Administrator of the Environmental Protection Agency, using one or more monitoring systems and in consultation with the head of any other element of the Federal Government with a monitoring system located off the test site. (b) DOE Assessment of Containment.--For each test, the Secretary of Energy shall assess and evaluate the containment of the test, both before and after the test. (c) EPA Monitoring.-- (1) In general.--The monitoring under subsection (a)(2) by the Administrator of the Environmental Protection Agency shall use a combination of temporary ground sensors, permanent ground sensors, and airborne sensors. (2) Real-time monitoring required.--Any sensors required by paragraph (1) that operate by gathering air particulates shall have real-time monitoring capabilities. (3) Placement.--The Administrator of the Environmental Protection Agency shall determine the locations for the sensors required by paragraph (1) in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the head of any other element of the Federal Government with a suitable monitoring system located off the test site, and the head of any other element of the Federal Government that the Administrator of the Environmental Protection Agency considers appropriate. The determinations shall be based on proximity to major agricultural zones, population centers, public water resources, and areas with high levels of fallout from previous tests. (d) Public Notice of Monitoring Data.--The Secretary and the Administrator of the Environmental Protection Agency each shall ensure that all information on radiation obtained through monitoring under subsection (a) is made available to the public on the Internet as soon as available, and in any event not more than 24 hours after such information is collected. (e) Finding of Release.--If, in monitoring any such test, the head of any element of the Federal Government determines that a release of radiation beyond the boundaries of the NTS has occurred-- (1) the Administrator of the Environmental Protection Agency shall immediately submit a report to Congress providing notice of that determination; (2) the United States shall stop all testing of all nuclear weapons or other nuclear explosive devices, except as otherwise provided in an Act enacted after the date of the test; and (3) the Attorney General shall carry out a program, substantially similar to the program under section 4 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), under which compensation is provided to individuals adversely affected by that release of radiation. SEC. 8. ESTABLISHMENT OF THE CENTER FOR THE STUDY OF RADIATION AND HUMAN HEALTH. (a) Establishment.--From amounts made available to carry out this section, the Director of the National Institutes of Health shall make a grant to a university or a consortium of universities located in the intermountain west region of the United States to establish, maintain, and operate a center described in subsection (b), to be known as the National Center for the Study of Radiation and Human Health. (b) Activities.--The activities of the National Center for the Study of Radiation and Human Health shall include the following: (1) Awarding grants to institutions of higher education for research on the relationship between radiation and human health, including any health effects or illness related to exposure to particular radioactive isotopes. (2) Studying the relationship between radiation and human health, including fallout data collection. (3) Coordinating efforts relating to research on radiation and human health. (4) Collecting, maintaining, and making available to the public by means of the Internet an archive of fallout data and human health effects data. (c) Report.--The National Center for the Study of Radiation and Human Health shall submit to Congress, and make available to the public, an annual report on the activities of the Center. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 9. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR WEAPONS TESTS. Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Cancer Institute, shall-- (1) complete a study to estimate the dose of all radionuclides received by the United States population as a result of exposure to nuclear weapons tests conducted in the United States; (2) disaggregate the results of such study by organ, by radionuclide, and by demographic variables; (3) submit a report to Congress on the results of such study; and (4) make such results publicly available.

Safety for Americans from Nuclear Weapons Testing Act - Deems each of the following actions undertaken by a Federal agency to be a major Federal action significantly affecting the quality of the human environment for which a detailed environmental impact statement is required in conformance with the National Environmental Policy Act of 1969: (1) any action having as a purpose the resumption of nuclear weapon or nuclear explosive device tests at the Nevada Test Site; or (2) use of any other location for such testing. Outlines information required to be included in such statement, including: (1) the possibility of radiation containment failure and the effects of such failure; (2) possible long-term effects on the water table from underground radiation leakage; and (3) information with respect to certain kiloton categories of weapons. Prohibits the United States from resuming any such testing unless authorized by a law enacted after the enactment of this Act. Requires: (1) advance public notice of each test; and (2) prompt notice of each release of radiation beyond the boundaries of the Nevada Test Site. Directs the Secretary of Homeland Security to make grants to institutions of higher education to acquire and operate for ten years radiation detection equipment and sensors. Directs the Secretary of Energy, through the Department of Energy (DOE) and Environmental Protection Agency, to monitor the nature and extent of any radiation released into the atmosphere as a result of such testing. Requires: (1) DOE radiation containment assessment; and (2) public notice of monitoring data. Requires the: (1) Director of the National Institutes of Health to make a grant to establish the National Center for the Study of Radiation and Human Health; and (2) Secretary of Health and Human Services to conduct a study of individuals exposed to nuclear weapons tests.

To protect public health and safety, should the testing of nuclear weapons by the United States be resumed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Control of Cellular Towers Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The placement, construction, and modification of personal wireless services facilities (also known as wireless facilities) near residential communities and facilities such as schools can greatly reduce the value of residential properties, destroy the views from properties, produce radio frequency interference, raise concerns about potential long-term health effects of such facilities, and reduce substantially the desire to live in the areas of such facilities. (2) States and local governments have traditionally regulated development and should be able to exercise control over the placement, construction, and modification of wireless facilities through the use of zoning and other land use regulations relating to the protection of the environment, public health and safety, and the general welfare of the community and the public. (3) The Federal Communications Commission establishes policies to govern interstate and international communications by television, radio, wire, satellite, and cable. The Commission ensures the compliance of such activities with a variety of Federal laws, including the National Environmental Policy Act of 1969 and the National Historic Preservation Act, in its decision-making on such activities. (4) Under section 332(c)(7)(A) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(A)), the Commission defers to State and local authorities that regulate the placement, construction, and modification of wireless facilities through the use of zoning and other land use regulations. (5) Alternative technologies for the placement, construction, and modification of wireless facilities may meet the needs of a wireless services provider in a less intrusive manner than the technologies proposed by the wireless services provider, including the use of small towers that do not require blinking aircraft safety lights, break skylines, or protrude above tree canopies. (6) It is in the interest of the Nation that the requirements of the Commission with respect to the application of State and local ordinances to the placement, construction and modification of wireless facilities (for example WT Docket No. 97-192, ET Docket No. 93-62, RM-8577, and FCC 97-303, 62 FR 47960) be modified so as-- (A) to permit State and local governments to exercise their zoning and other land use authorities to regulate the placement, construction, and modification of such facilities; and (B) to place the burden of proof in civil actions, and in actions before the Commission and State and local authorities relating to the placement, construction, and modification of such facilities, on the person that seeks to place, construct, or modify such facilities. (7) PCS-Over-Cable, PCS-Over-Fiber Optic, and satellite telecommunications systems, including Low-Earth Orbit satellites, offer a significant opportunity to provide so- called ``911'' emergency telephone service throughout much of the United States without unduly intruding into or effecting the environment, public health and safety, and the general welfare of the community and the public. (8) The Federal Aviation Administration must rely upon State and local governments to regulate the placement, construction, and modification of telecommunications facilities near airports or high-volume air traffic areas such as corridors of airspace or commonly used flyways. The proposed rules of the Commission to preempt State and local zoning and other land-use regulations for the siting of such facilities will have a serious negative impact on aviation safety, airport capacity and investment, the efficient use of navigable airspace, public health and safety, and the general welfare of the community and the public. (9) The telecommunications industry and its experts should be expected to have access to the best and most recent technical information and should therefore be held to the highest standards in terms of their representations, assertions, and promises to governmental authorities. (b) Purposes.--The purposes of this Act are as follows: (1) To repeal certain limitations on State and local authority regarding the placement, construction, and modification of personal wireless services facilities under section 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)). (2) To permit State and local governments-- (A) to regulate the placement, construction, or modification of personal wireless services facilities with respect to their impacts on land use, including radio frequency interference and radio frequency radiation, in order to protect the environment, public health and safety, and the general welfare of the community and the public; (B) to regulate the placement, construction, and modification of personal wireless services facilities so that they will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger the public health and safety and the general welfare of the community and the public; and (C) to hold accountable applicants for permits for the placement, construction, or modification of personal wireless services facilities, and providers of services using such facilities, for the truthfulness and accuracy of representations and statements placed in the record of hearings for permits, licenses, or approvals for such facilities. SEC. 3. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF PERSONAL WIRELESS SERVICES FACILITIES. (a) Limitations on State and Local Regulation of Facilities.-- Subparagraph (B) of section 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)) is amended-- (1) by striking clause (iv); (2) by redesignating clause (v) as clause (iv); and (3) in clause (iv), as so redesignated-- (A) in the first sentence, by striking ``may, within 30 days'' and all that follows through the end of the sentence and inserting ``may commence an action in any court of competent jurisdiction. Such action shall be commenced within 30 days after such action or failure to act unless the State concerned has established a different period for the commencement of such action.''; and (B) by striking the third sentence and inserting the following: ``In any such action in which a person seeking to place, construct, or modify a personal wireless services facility is a party, such person shall bear the burden of proof, regardless of who commences such action.''. (b) Prohibition on Adoption of Rule Regarding Relief From State and Local Regulation of Facilities.--Notwithstanding any other provision of law, the Federal Communications Commission shall not adopt as a final rule or otherwise directly or indirectly implement any portion of the proposed rule set forth in ``Procedures for Reviewing Requests for Relief From State and Local Regulation Pursuant to Section 332(c)(7)(B)(v) of the Communications Act of 1934'', WT Docket No. 97- 192, released August 25, 1997. (c) Authority Over Placement, Construction, and Modification of Facilities.--Such section 332(c)(7) is further amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph (C): ``(C) Additional limitations.-- ``(i) Authority to require least intrusive facilities.-- ``(I) In general.--A State or local government may deny an application to place, construct, or modify personal wireless services facilities on the basis that alternative technologies, delivery systems, or structures are capable of delivering a personal wireless services signal comparable to that proposed to be delivered by such facilities in a manner that is less intrusive to the community concerned than such facilities. ``(II) Considerations.--In determining under subclause (I) the intrusiveness of technologies, delivery systems, or structures for personal wireless services facilities, a State or local government may consider the aesthetics of such technologies, systems, or structures, the environmental impact of such technologies, systems, or structures, and the radio frequency interference or radiation emitted by such technologies, systems, or structures. ``(III) Burden of proof.--In any hearing for purposes of the exercise of the authority in subclause (I), the burden shall be on the applicant. ``(ii) Radio interference.--A State or local government may regulate the location, height, or modification of personal wireless services facilities in order to address the effects of radio frequency interference caused by such facilities on local communities and the public. ``(iii) Authority to require studies and documentation.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(I) requiring a person seeking authority to place, construct, or modify personal wireless services facilities to produce-- ``(aa) environmental, biological, and health studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits, radio frequency interference impacts, and compliance with applicable laws, rules, and regulations governing the effects of such facilities on the environment, public health and safety, and the general welfare of the community and the public; and ``(bb) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(II) refusing to grant authority to such person to place, construct, or modify such facilities within the jurisdiction of such government if such person fails to produce studies, reports, or documentation required under subclause (I). ``(iv) Construction.--Nothing in this subparagraph may be construed to prohibit or otherwise limit the authority of a State or local government to ensure compliance with or otherwise enforce any statements, assertions, or representations filed or submitted by or on behalf of an applicant with the State or local government for authority to place, construct, or modify personal wireless services facilities within the jurisdiction of the State or local government.''.

Local Control of Cellular Towers Act - Amends the Communications Act of 1934 to repeal the prohibition against a State or local government regulating the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with emission regulations of the Federal Communications Commission (FCC).Requires, in any action in which a person is seeking to place, construct, or modify such a facility, that person to bear the burden of proof, regardless of who commences the action.Prohibits the FCC from adopting a final rule or otherwise implementing any portion of a proposed FCC rule regarding relief from State and local regulation of such facilities.Allows a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Requires the burden of proving the appropriateness of proposed facilities to be the applicant's.Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities.

A bill to amend the Communications Act of 1934 to clarify and reaffirm State and local authority to regulate the placement, construction, and modification of personal wireless services facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathways to Independence Act of 2007''. SEC. 2. AUTHORIZATION OF MODIFIED EMPLOYABILITY PLAN FOR INDIVIDUALS WITH DISABILITIES. (a) In General.--Section 407(c)(2) of the Social Security Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the following new subparagraph: ``(E) Individuals with disabilities complying with a modified employability plan deemed to be meeting work participation requirements.-- ``(i) Modified employability plan.--A State may develop a modified employability plan for an adult or minor child head of household recipient of assistance who has been determined by a qualified medical, mental health, addiction, or social services professional (as determined by the State) to have a disability, or who is caring for a family member with a disability (as so determined). The modified employability plan shall-- ``(I) include a determination that, because of the disability of the recipient or the individual for whom the recipient is caring, reasonable modification of work activities, hourly participation requirements, or both, is needed in order for the recipient to participate in work activities; ``(II) set forth the modified work activities in which the recipient is required to participate; ``(III) set forth the number of hours per week for which the recipient is required to participate in such modified work activities based on the State's evaluation of the family's circumstances; ``(IV) set forth the services, supports, and modifications that the State will provide to the recipient or the recipient's family; ``(V) be developed in cooperation with the recipient; and ``(VI) be reviewed not less than every 6 months. ``(ii) Inclusion in monthly participation rates.--For the purpose of determining monthly participation rates under subsection (b)(1)(B)(i), and notwithstanding paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) of this subsection and subsection (d) of this section, a recipient is deemed to be engaged in work for a month in a fiscal year if-- ``(I) the State has determined that the recipient is in substantial compliance with activities and hourly participation requirements set forth in a modified employability plan that meets the requirements set forth in clause (i); and ``(II) the State complies with the reporting requirement set forth in clause (iii) for the fiscal year in which the month occurs. ``(iii) Reports.-- ``(I) Report by state.--With respect to any fiscal year for which a State counts a recipient as engaged in work pursuant to a modified employability plan, the State shall submit a report entitled `Annual State Report on TANF Recipients Participating in Work Activities Pursuant to Modified Employability Plans Due to Disability' to the Secretary not later than March 31 of the succeeding fiscal year. The report shall provide the following information: ``(aa) The aggregate number of recipients with modified employability plans due to a disability. ``(bb) The percentage of all recipients with modified employability plans who substantially complied with activities set forth in the plans each month of the fiscal year. ``(cc) Information regarding the most prevalent types of physical and mental impairments that provided the basis for the disability determinations. ``(dd) The percentage of cases with a modified employability plan in which the recipient had a disability, was caring for a child with a disability, or was caring for another family member with a disability. ``(ee) A description of the most prevalent types of modification in work activities or hours of participation that were included in the modified employability plans. ``(ff) A description of the qualifications of the staff who determined whether individuals had a disability, of the staff who determined that individuals needed modifications to their work requirements, and of the staff who developed the modified employability plans. ``(II) Report by secretary.--The Secretary shall submit an annual report to Congress entitled `Efforts in State TANF Programs to Promote and Support Employment for Individuals with Disabilities' not later than July 31 of each fiscal year that includes information on State efforts to engage individuals with disabilities in work activities for the preceding fiscal year. The report shall include the following: ``(aa) The number of individuals for whom each State has developed a modified employability plan. ``(bb) The types of physical and mental impairments that provided the basis for the disability determination, and whether the individual with the disability was an adult recipient or minor child head of household, a child, or a non-recipient family member. ``(cc) The types of modifications that States have included in modified employability plans. ``(dd) The extent to which individuals with a modified employability plan are participating in work activities. ``(ee) An analysis of the extent to which the option to establish such modified employability plans was a factor in States' achieving or not achieving the minimum participation rates under subsection (a) for the fiscal year. ``(iv) Definitions.-- ``(I) Disability.--For purposes of this subparagraph, the term `disability' means a mental or physical impairment, including substance abuse or addiction, that-- ``(aa) constitutes or results in a substantial impediment to employment; or ``(bb) substantially limits one or more major life activities. ``(II) Modified work activities.-- For purposes of this subparagraph, the term `modified work activities' means activities the State has determined will help the recipient become employable and which are not subject to and do not count against the limitations and requirements under the preceding provisions of this subsection and of subsection (d).''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2007. SEC. 3. STATE OPTION TO EXCLUDE SSI APPLICANTS IN WORK PARTICIPATION RATE. (a) In General.--Section 407(b)(5) of the Social Security Act (42 U.S.C. 607(b)(5)) is amended by striking ``at its option, not require an individual'' and all that follows and inserting ``at its option-- ``(A) not require an individual who is a single custodial parent caring for a child who has not attained 12 months of age to engage in work, and may disregard such an individual in determining the participation rates under subsection (a) of this section for not more than 12 months; ``(B) disregard for purposes of determining such rates for any month, on a case-by-case basis, an individual who is an applicant for or a recipient of supplemental security income benefits under title XVI or of social security disability insurance benefits under title II, if-- ``(i) the State has determined that an application for such benefits has been filed by or on behalf of the individual; ``(ii) the State has determined that there is a reasonable basis to conclude that the individual meets the disability or blindness criteria applied under title II or XVI; ``(iii) there has been no final decision (including a decision for which no appeal is pending at the administrative or judicial level or for which the time period for filing such an appeal has expired) denying benefits; and ``(iv) not less than every 6 months, the State reviews the status of such application and determines that there is a reasonable basis to conclude that the individual continues to meet the disability or blindness criteria under title II or XVI; and ``(C) disregard for purposes of determining such rates for any month, on a case-by-case basis, an individual who the State has determined would meet the disability criteria for supplemental security income benefits under title XVI or social security disability insurance benefits under title II but for the requirement that the disability has lasted or is expected to last for a continuous period of not less than 12 months.''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2007.

Pathways to Independence Act of 2007 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to deem individuals with disabilities complying with a modified employability plan to be meeting work participation requirements. Gives states the option to disregard in determining work participation rates any SSI (Supplemental Security Income) (SSA title XVI) and Social Security disability insurance applicants or recipients.

A bill to amend part A of title IV of the Social Security Act, to reward States for engaging individuals with disabilities in work activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel and National Security Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Domestic steel capacity is an essential part of the domestic industrial and technological base, as described in Executive Order Numbered 12919. (2) Executive Order Numbered 12919-- (A) designates the Nation's domestic industrial and technological base as the foundation for national defense preparedness; and (B) directs that authority provided under the Defense Production Act of 1950 be used to strengthen the domestic industrial and technological base to ensure that such base is capable of responding to all threats to the national security of the United States. (3) The influx of cheap imported steel illegally dumped on the United States has brought about a crisis in the United States' steel industry that threatens the viability of domestic steel production. SEC. 3. PRODUCTIVE CAPACITY AND SUPPLY. (a) Authorization of Appropriation.--Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended to read as follows: ``(b) Title III Authorization.-- ``(1) In general.--There are authorized to be appropriated for each of fiscal years 2002, 2003, and 2004 not to exceed $1,000,000,000. ``(2) Purchase commitments.--Not less than 50 percent of the amount appropriated under paragraph (1) for any fiscal year is authorized to be appropriated solely for purchase commitments.''. (b) National Defense Preparedness Domestic Industrial Base Board.-- Title III of the Defense Production Act of 1950 (50 U.S.C. App. 2091 et seq.) is amended by adding at the end the following new section: ``SEC. 311. NATIONAL DEFENSE PREPAREDNESS DOMESTIC INDUSTRIAL BASE BOARD. ``(a) Establishment.--There is hereby established a board to be known as the National Defense Preparedness Domestic Industrial Base Board (hereafter in this section referred to as the `Board'). ``(b) Membership.-- ``(1) Number and appointment.--The Board shall consist of 5 members appointed by the President, from among individuals who-- ``(A) are or have been affiliated with the Department of Defense or a military department (as defined in section 101 of title 10, United States Code; and ``(B) have experience preparing the United States for a national security emergency or managing the development and acquisition of weapons or other defense products. ``(2) Political affiliation.--Not more than 3 members may be of the same political party. ``(3) Terms.-- ``(A) In general.--Each member shall be appointed a term of 5 years, except as provided in subparagraphs (A) and (B) ``(B) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- ``(i) 1 shall be appointed for a term of 5 years; ``(ii) 1 shall be appointed for a term of 4 years; ``(iii) 1 shall be appointed for a term of 3 years; ``(iv) 1 shall be appointed for a term of 2 years; and ``(v) 1 shall be appointed for a term of 1 year. ``(4) Vacancies.-- ``(A) Appointment for balance of term.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. ``(B) Continuation of service.--A member may serve after the expiration of that member's term until a successor has taken office. ``(C) Appointment to vacancy.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. ``(5) Prohibition of compensation of federal employees.-- Members of the Board who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. ``(6) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(7) Quorum.--3 members of the Board shall constitute a quorum but a lesser number may hold hearings. ``(c) Chairperson.--The Chairperson of the Board shall be designated by the President at the time of the appointment. ``(d) Duties.-- ``(1) In general.--The Board shall take such action as may be necessary to ensure uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. ``(2) One-time en masse purchases.-- ``(A) In general.--The Board may, in the Board's discretion, purchase domestic products, materials, or industrial resources from a domestic concern that is at risk of bankruptcy and whose failure would threaten a critical industry for national security, including the steel industry, in which such concern is involved. ``(B) Storage for use.--Any product or material purchased by the Board under subparagraph (A) shall be kept in storage for use in the event of a national emergency, in accordance with the Strategic and Critical Materials Stock Piling Act, or as the Secretary of Defense or the Secretary of Energy may otherwise provide. ``(3) Study and monitor critical industries.--The Board shall study and monitor critical industries, including the steel industry, for national security and domestic concerns involved in any such industry to determine which are in danger of failing or otherwise losing the capacity to provide for national security. ``(4) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Domestic concern.--The term `domestic concern' has the same meaning given in section 104(h)(1) of the Foreign Corrupt Practices Act of 1977. ``(B) Domestic product, material, or industrial resource.--The term `domestic products, materials, or industrial resources' means-- ``(i) in the case of unmanufactured products, materials, or industrial resources, products, materials, or resources all or substantially all of which were mined or produced in the United States; and ``(ii) in the case of manufactured or processed products, materials and industrial resources-- ``(I) all or substantially all of the component products, materials, or resources were mined or produced in the United States; and ``(II) all or substantially all of the manufacturing, processing, fabrication, or assembly of such product, material or resource was conducted within the United States. ``(e) Powers of the Board.-- ``(1) Hearings and sessions.-- ``(A) In general.--The Board may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate. ``(B) Oaths and affirmations.--The Board may administer oaths or affirmations to witnesses appearing before it. ``(2) Obtaining official data.-- ``(A) In general.--Notwithstanding any other provision of law, the Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. ``(B) Request for information.--Upon request of the Chairperson of the Board, the head of the department or agency receiving the request for information under subparagraph (A) shall furnish that information to the Board. ``(3) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. ``(4) Administrative support services.--Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out this section. ``(f) Staff.-- ``(1) Appointment.--The Board may appoint and fix the pay of a Director and such additional personnel as the Board considers appropriate. ``(2) Experts and consultants.--The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ``(3) Staff of federal agencies.--Upon request of the Board, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist the Board in carrying out this section.''. SEC. 4. MANDATORY REVIEW OF MERGERS, ACQUISITIONS, AND TAKEOVERS OF DOMESTIC STEEL COMPANIES BY FOREIGN COMPANIES. Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(b)) is amended by inserting before the period at the end of the 1st sentence ``or in any instance in which a person of a foreign country (as defined in section 3502(d) of the Omnibus Trade and Competitiveness Act of 1988) seeks to engage in any merger, acquisition, or takeover that could result in the control by such person of a domestic steel company''. SEC. 5. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950. Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2004''.

Steel and National Security Act - Amends the Defense Production Act of 1950 to extend through FY 2004: (1) the authorization of appropriations for domestic industrial and technological productive capacity and supply, requiring no less than 50 percent of amounts appropriated to be used solely for purchase commitments; and (2) the authority of such Act.Establishes the National Defense Preparedness Domestic Industrial Base Board to: (1) undertake necessary actions to ensure the uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources; and (2) study and monitor critical industries, including steel, to determine which are in danger of failing or otherwise losing the capacity to provide for national security.Requires mandatory review of any merger, acquisition, or takeover of any domestic steel company by a foreign person.

To amend the Defense Production Act of 1950 to establish the National Defense Preparedness Domestic Industrial Base Board, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Child Support Reform Act of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. TITLE I--NATIONAL CHILD SUPPORT GUIDELINES COMMISSION Sec. 101. National Child Support Guidelines Commission. TITLE II--CENTRALIZED CHILD SUPPORT ENFORCEMENT Sec. 201. Establishment of the Office of the Assistant Commissioner for Centralized Child Support Enforcement. Sec. 202. Use of Federal Case Registry of Child Support Orders and National Directory of New Hires. Sec. 203. Division of Enforcement. Sec. 204. State plan requirements. Sec. 205. Definitions. TITLE III--EFFECTIVE DATES Sec. 301. Effective dates. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) an increasing number of children are raised in families with only one parent present, usually the mother, and these families are 5 times as likely to be poor as 2-parent families; (2) the failure of noncustodial parents to pay their fair share of child support is a major contributor to poverty among single-parent families; (3) in 1990, there was a $33,700,000,000 gap between the amount of child support that was received and the amount that could have been collected; (4) in 1991, the aggregate child support income deficit was $5,800,000,000; (5) as of spring 1992, only 54 percent, or 6,200,000, of custodial parents received awards of child support, and of the 6,200,000 custodial parents awarded child support, 5,300,000 were supposed to receive child support payments in 1991; (6) of the custodial parents described in paragraph (5), approximately \1/2\ of the parents due child support received full payment and the remaining \1/2\ were divided equally between those receiving partial payment (24 percent) and those receiving nothing (25 percent); (7) as a result of the situation described in paragraphs (5) and (6), increasing numbers of families are turning to the child support program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) for assistance, accounting for an over 40 percent increase in the caseload under that program during the 1991 to 1995 period; (8) during the 1991 to 1995 period, the percentage of cases under the title IV-D child support program in which a collection was made declined from 19.3 percent to 18.9 percent; (9) the Internal Revenue Service has improved its performance in making collections in cases referred to it by the title IV-D child support program, moving from successfully intercepting Federal income tax refunds in 992,000 cases in 1992 to successfully intercepting Federal income tax refunds in 1,200,000 cases in 1996; (10) in cases under the title IV-D child support program in which a collection is made, approximately \1/3\ of such cases are cases where some or all of the collection is a result of a Federal tax refund intercept; (11) in 1995, the average amount collected for families in which the Internal Revenue Service made a collection through the Federal tax refund intercept method was $827 for families receiving Aid to Families with Dependent Children and $847 for other families; and (12) State-by-State child support guidelines have resulted in orders that vary significantly from State to State, resulting in low awards and inequities for children. (b) Purpose.--It is the purpose of this Act to-- (1) provide for the review of various State child support guidelines to determine how custodial parents and children are served by such guidelines; (2) increase the economic security of children, improve the enforcement of child support awards through a more centralized, efficient system; and (3) improve the enforcement of child support orders by placing responsibility for enforcement in the Internal Revenue Service. TITLE I--NATIONAL CHILD SUPPORT GUIDELINES COMMISSION SEC. 101. NATIONAL CHILD SUPPORT GUIDELINES COMMISSION. (a) Establishment.--There is hereby established a commission to be known as the ``National Child Support Guidelines Commission'' (in this section referred to as the ``Commission''). (b) General Duties.--The Commission shall study and evaluate the various child support guidelines currently in use by the States, identify the benefits and deficiencies of such guidelines in providing adequate support for children, and recommend any needed improvements. (c) Matters for Consideration by the Commission.--In making the recommendations concerning guidelines required under subsection (b), the Commission shall consider-- (1) matters generally applicable to all support orders, including-- (A) the relationship between the guideline amounts and the actual costs of raising children; and (B) how to define income and under what circumstances income should be imputed; (2) the appropriate treatment of cases in which either or both parents have financial obligations to more than 1 family, including the effect (if any) to be given to-- (A) the income of either parent's spouse; and (B) the financial responsibilities of either parent for other children or stepchildren; (3) the appropriate treatment of expenses for child care (including care of the children of either parent, and work- related or job-training-related child care); (4) the appropriate treatment of expenses for health care (including uninsured health care) and other extraordinary expenses for children with special needs; (5) the appropriate duration of support by 1 or both parents, including-- (A) support (including shared support) for post- secondary or vocational education; and (B) support for disabled adult children; (6) procedures to automatically adjust child support orders periodically to address changed economic circumstances, including changes in the consumer price index or either parent's income and expenses in particular cases; and (7) whether, or to what extent, support levels should be adjusted in cases in which custody is shared or in which the noncustodial parent has extended visitation rights. (d) Membership.-- (1) Number; appointment.-- (A) In general.--The Commission shall be composed of 12 individuals appointed jointly by the Secretary of Health and Human Services and the Congress, not later than January 15, 1998, of which-- (i) 2 shall be appointed by the Chairman of the Committee on Finance of the Senate, and 1 shall be appointed by the ranking minority member of the Committee; (ii) 2 shall be appointed by the Chairman of the Committee on Ways and Means of the House of Representatives, and 1 shall be appointed by the ranking minority member of the Committee; and (iii) 6 shall be appointed by the Secretary of Health and Human Services. (B) Qualifications of members.--Members of the Commission shall have expertise and experience in the evaluation and development of child support guidelines. At least 1 member shall represent advocacy groups for custodial parents, at least 1 member shall represent advocacy groups for noncustodial parents, and at least 1 member shall be the director of a State program under part D of title IV of the Social Security Act. (2) Terms of office.--Each member shall be appointed for a term of 2 years. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Commission Powers, Compensation, Access to Information, and Supervision.--The first sentence of subparagraph (C), the first and third sentences of subparagraph (D), subparagraph (F) (except with respect to the conduct of medical studies), clauses (ii) and (iii) of subparagraph (G), and subparagraph (H) of section 1886(e)(6) of the Social Security Act shall apply to the Commission in the same manner in which such provisions apply to the Prospective Payment Assessment Commission. (f) Report.--Not later than 2 years after the appointment of members, the Commission shall submit to the President, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a final assessment of how States, through various child support guideline models, are serving custodial parents and children. (g) Termination.--The Commission shall terminate 6 months after the submission of the report described in subsection (e). TITLE II--CENTRALIZED CHILD SUPPORT ENFORCEMENT SEC. 201. ESTABLISHMENT OF THE OFFICE OF THE ASSISTANT COMMISSIONER FOR CENTRALIZED CHILD SUPPORT ENFORCEMENT. (a) In General.--For purposes of locating absent parents and facilitating the enforcement of child support obligations, the Secretary of the Treasury shall establish within the Internal Revenue Service an Office of the Assistant Commissioner for Centralized Child Support Enforcement which shall establish not later than October 1, 1997, a Division of Enforcement for the purpose of carrying out the duties described in section 203. (b) Coordination.--The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services shall issue regulations for the coordination of activities among the Office of the Assistant Commissioner for Centralized Child Support Enforcement, the Assistant Secretary for Children and Families, and the States, to facilitate the purposes of this title. SEC. 202. USE OF FEDERAL CASE REGISTRY OF CHILD SUPPORT ORDERS AND NATIONAL DIRECTORY OF NEW HIRES. Section 453(j)(2) of the Social Security Act (42 U.S.C. 653(j)(2)) is amended to read as follows: ``(2) Information comparisons.-- ``(A) In general.--For the purpose of locating individuals in a paternity establishment case or a case involving the establishment, modification, or enforcement of a support order, the Secretary shall-- ``(i) compare information in the National Directory of New Hires against information in the support case abstracts in the Federal Case Registry of Child Support Orders not less often than every 2 business days; and ``(ii) within 2 business days after such a comparison reveals a match with respect to an individual, report the information to the Division of Enforcement for centralized enforcement. ``(B) Cases referred to division of enforcement.-- If a case is referred to the Division of Enforcement by the Secretary under subparagraph (A)(ii), the Division of Enforcement shall-- ``(i) notify the custodial and noncustodial parents of such referral, ``(ii) direct the employer to remit all child support payments to the Internal Revenue Service; ``(iii) receive all child support payments made pursuant to the case; ``(iv) record such payments; and ``(v) promptly disburse the funds-- ``(I) if there is an assignment of rights under section 408(a)(3), in accordance with section 457, and ``(II) in all other cases, to the custodial parent.''. SEC. 203. DIVISION OF ENFORCEMENT. (a) In General.--With respect to the Division of Enforcement, the duties described in this section are as follows: (1) Enforce all child support orders referred to the Division of Enforcement-- (A) under section 453(j)(2)(A)(ii) of the Social Security Act (42 U.S.C. 653(j)(2)(A)(ii)); (B) by the State in accordance with section 454(35) of such Act (42 U.S.C. 654(35)); and (C) under section 452(b) of such Act (42 U.S.C. 652(b)). (2) Enforce a child support order in accordance with the terms of the abstract contained in the Federal Case Registry of Child Support Orders or the modified terms of such an order upon notification of such modifications by the Secretary of Health and Human Services. (3) Enforce medical support provisions of any child support order using any means available under State or Federal law. (4) Receive and process requests for a Federal income tax refund intercept made in accordance with section 464 of the Social Security Act (42 U.S.C. 664). (b) Failure To Pay Amount Owing.--With respect to any child support order being enforced by the Division of Enforcement, if an individual fails to pay the full amount required to be paid on or before the due date for such payment, the Office of the Assistant Commissioner for Centralized Child Support Enforcement, through the Division of Enforcement, may assess and collect the unpaid amount in the same manner, with the same powers, and subject to the same limitations applicable to a tax imposed by subtitle C of the Internal Revenue Code of 1986 the collection of which would be jeopardized by delay. (c) Use of Federal Courts.--The Office of the Assistant Commissioner for Centralized Child Support Enforcement, through the Division of Enforcement, may utilize the courts of the United States to enforce child support orders against absent parents upon a finding that-- (1) the order is being enforced by the Division of Enforcement; and (2) utilization of such courts is a reasonable method of enforcing the child support order. (d) Conforming Amendments.-- (1) Section 452(a)(8) (42 U.S.C. 652(a)(8)) is repealed. (2) Section 452(c) (42 U.S.C. 652(c)) is repealed. SEC. 204. STATE PLAN REQUIREMENTS. (a) In General.--Section 454 of the Social Security Act (42 U.S.C. 654) is amended by striking ``and'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``; and'', and by inserting after paragraph (33) the following new paragraph: ``(34) provide that the State will cooperate with the Office of the Assistant Commissioner for Centralized Child Support Enforcement to facilitate the exchange of information regarding child support cases and the enforcement of orders by the Commissioner.''. (b) Conforming Amendment.--Section 455(b) of the Social Security Act (42 U.S.C. 655(b)) is amended by striking ``454(34)'' and inserting ``454(33)''. SEC. 205. DEFINITIONS. Any term used in this title which is also used in part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) shall have the meaning given such term by such part. TITLE III--EFFECTIVE DATES SEC. 301. EFFECTIVE DATES. (a) In General.--Except as otherwise provided in this Act or subsection (b), the amendments made by this Act take effect on the date of enactment of this Act. (b) Special Rule.--In the case of a State that the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order to meet the additional requirements imposed by the amendments made by this Act, the State shall not be regarded as failing to comply with the requirements of such amendments 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 enactment of this Act. For purposes of this subsection, in the case of a State that has a 2-year legislative session, each year of the session shall be treated as a separate regular session of the State legislature.

TABLE OF CONTENTS: Title I: National Child Support Guidelines Commission Title II: Centralized Child Support Enforcement Title III: Effective Dates Child Support Reform Act of 1997 - Title I: National Child Support Guidelines Commission - Establishes the National Child Support Guidelines Commission to study and evaluate various child support guidelines used by the States, identify their benefits and deficiencies, and recommend improvements. Prescribes matters for Commission consideration. Requires the Commission to submit a final assessment to the Congress and the President on how State child support guideline models are serving custodial parents and children. Title II: Centralized Child Support Enforcement - Directs the Secretary of the Treasury to: (1) establish an Office of the Assistant Commissioner for Centralized Child Support Enforcement in the Internal Revenue Service to locate absent parents, facilitate enforcement of child support obligations, and establish a Division of Enforcement by October 1, 1997; and (2) promulgate regulations for the coordination of activities among the Office of the Assistant Commissioner for Centralized Child Support Enforcement, the Assistant Secretary for Children and Families of the Department of Health and Human Services, and the States. (Sec. 202) Amends the Social Security Act with respect to the Federal Parent Locator Service to direct the Secretary of Health and Human Services to: (1) compare information in the National Directory of New Hires against information in the support case abstracts in the Federal Case Registry of Child Support Orders at least every two business days; and (2) report matches of the two files within two business days to the Division of Enforcement for centralized enforcement. (Sec. 203) Prescribes Division of Enforcement duties. Authorizes the Office of the Assistant Commissioner for Centralized Child Support Enforcement, through the Division of Enforcement, to assess and collect unpaid arrearages under the same enforcement guidelines as pertain to a tax imposed under the Internal Revenue Code whose collection would be jeopardized by delay. Authorizes use of the Federal courts for such enforcement. (Sec. 204) Requires State plans for child and spousal support to provide for State cooperation with the Office of the Assistant Commissioner for Centralized Child Support Enforcement to facilitate information exchange regarding child support cases and the enforcement of orders by the Commissioner. Title III: Effective Dates - Sets forth the effective dates for this Act.

Child Support Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Right To Know About Airport Pollution Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the serious ground level ozone, noise, water pollution, and solid waste disposal problems attendant to airport operations require a thorough evaluation of all significant sources of pollution; (2) the Clean Air Act (42 U.S.C. 7401 et seq.)-- (A) requires each State to reduce emissions contributing to ground level ozone problems and maintain those reductions; and (B) requires the Administrator of the Environmental Protection Agency to study, in addition to other sources, the effects of sporadic, extreme noise (such as jet noise near airports) on public health and welfare; (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) establishes a regulatory and enforcement program for discharges of wastes into waters; (4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.) establishes primary drinking water standards and a ground water control program; (5) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) regulates management and disposal of solid and hazardous waste; (6) a study of air pollution problems in California-- (A) has determined that airports are significant sources of air pollution; and (B) has led to the creation of an airport bubble concept; and (7) the airport bubble concept is an approach that-- (A) treats an airport and the area within a specific radius around the airport as a single source of pollution that emits a range of pollutants, including air, noise, water, and solid waste; and (B) seeks, by implementation of specific programs or regulations, to reduce the pollution from each source within the bubble and thereby reduce the overall pollution in that area. (b) Purpose.--The purpose of this Act is to require the Administrator to conduct-- (1) a feasibility study for applying airport bubbles to airports as a method of assessing and reducing, where appropriate, air, noise, water, and solid waste pollution in and around the airports and improving overall environmental quality; and (2) a study of air pollutant emission standards established by the Environmental Protection Agency for airplane engines to determine whether it is feasible and desirable to strengthen the standards. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Airport bubble.--The term ``airport bubble'' means an area-- (A) in and around an airport (or other facility using aircraft) within which sources of pollution and levels of pollution from those sources are to be identified and reduced; and (B) containing a variety of types of air, noise, water, and solid waste sources of pollution in which the aggregate of each type of pollutant from the respective sources is regulated as if the various sources were a single source. SEC. 4. STUDY OF USING AIRPORT BUBBLES. (a) In General.--The Administrator shall conduct a study to determine the feasibility of regulating air, noise, water, and solid waste pollution from all sources in and around airports using airport bubbles. (b) Working Group.--In conducting the study, the Administrator shall establish and consult with a working group comprised of-- (1) the Administrator of the Federal Aviation Administration (or a designee); (2) the Secretary of Defense (or a designee); (3) the Secretary of Transportation (or a designee); (4) a representative of air quality districts; (5) a representative of environmental research groups; (6) a representative of State Audubon Societies; (7) a representative of the Sierra Club; (8) a representative of the Nature Conservancy; (9) a representative of port authorities of States; (10) an airport manager; (11) a representative of commanding officers of military air bases and stations; (12) a representative of the bus lines that serve airports who is familiar with the emissions testing and repair records of those buses, the schedules of those lines, and any problems with delays in service caused by traffic congestion; (13) a representative of the taxis and limousines that serve airports who is familiar with the emissions testing and repair records of the taxis and limousines and the volume of business generated by the taxis and limousines; (14) a representative of local law enforcement agencies or other entities responsible for traffic conditions in and around airports; (15) a representative of the Air Transport Association; (16) a representative of the Airports Council International-North America; (17) a representative of environmental specialists from airport authorities; and (18) a representative from an aviation union representing ground crews. (c) Required Elements.--In conducting the study, the Administrator shall-- (1) collect, analyze, and consider information on the variety of stationary and mobile sources of air, noise, water, and solid waste pollution within airport bubbles around airports in the United States, including-- (A) aircraft, vehicles, and equipment that service aircraft (including main and auxiliary engines); and (B) buses, taxis, and limousines that serve airports; (2) study a statistically significant number of airports serving commercial aviation in a manner designed to obtain a representative sampling of such airports; (3) consider all relevant information that is available, including State implementation plans under the Clean Air Act (42 U.S.C. 7401 et seq.) and airport master plans; (4) consider the air quality implications of airport and ground and in-flight aircraft operations, such as routing and delays; (5) assess the role of airports in interstate and international travel and commerce and the environmental and economic impact of regulating airports as significant sources of air, noise, water, and solid waste pollution; (6) propose boundaries of the areas to be included within airport bubbles; (7) propose a definition of air pollutant emissions for airport bubbles that includes hydrocarbons, volatile organic compounds, and other ozone precursors targeted for reduction under Federal air pollution law; (8) develop an inventory of each source of air, noise, water, and solid waste pollution to be regulated within airport bubbles and the level of reduction for each source; (9) list and evaluate programs that might be implemented to reduce air, noise, water, and solid waste pollution within airport bubbles and the environmental and economic impact of each of the programs, including any changes to Federal or State law (including regulations) that would be required for implementation of each of the programs; (10) evaluate the feasibility of regulating air, noise, water, and solid waste pollutants in and around airports using airport bubbles and make recommendations regarding which programs should be included in an effective implementation of airport bubble methodology; and (11) address the issues of air and noise pollution source identification and regulation that are unique to military air bases and stations. (d) Report.--Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results and recommendations of the study required by this section. SEC. 5. STUDY OF EMISSION STANDARDS FOR AIRPLANE ENGINES. (a) In General.--The Administrator shall conduct a study of air pollutant emission standards established by the Environmental Protection Agency for airplane engines to determine whether it is feasible and desirable to strengthen the standards. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results and recommendations of the study required by this section. SEC. 6. PROGRESS REPORTS. Not later than 1 year after the date of enactment of this Act, and annually thereafter until the reports under sections 4 and 5 are submitted, the Administrator shall submit to Congress a report that details the progress being made by the Administrator in carrying out sections 4 and 5. SEC. 7. REPORTING OF TOXIC CHEMICAL RELEASES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations requiring each airport that regularly serves commercial or military jet aircraft to report, under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (42 U.S.C. 13106), releases and other waste management activities associated with the manufacturing, processing, or other use of toxic chemicals listed under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), including toxic chemicals manufactured, processed, or otherwise used-- (1) during operation and maintenance of aircraft and other motor vehicles at the airport; and (2) in the course of other airport and airline activities. (b) Treatment as a Facility.--For the purpose of subsection (a), an airport shall be considered to be a facility as defined in section 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11049). SEC. 8. FUNDING. The Administrator shall carry out this Act using existing funds available to the Administrator.

Right To Know About Airport Pollution Act of 1999 - Directs the Administrator of the Environmental Protection Agency (EPA) to study, and report to Congress on: (1) the feasibility of regulating air, noise, water, and solid waste pollution from all sources in and around airports using airport bubbles; and (2) the feasibility and desirability of strengthening EPA air pollutant emissions standards for airplane engines. Defines an "airport bubble" as an area: (1) in and around an airport (or other facility using aircraft) within which sources of pollution and levels of pollution from those sources are to be identified and reduced; and (2) containing a variety of types of air, noise, water, and solid waste sources of pollution in which the aggregate of each type of pollutant from the respective source is regulated as if the various sources were a single source. Requires the Administrator to promulgate regulations requiring each airport that regularly serves commercial or military jet aircraft to report, under toxic chemical release reporting provisions of the Emergency Planning and Community Right-To-Know Act of 1986 and source reduction and recycling data collection provisions of the Pollution Prevention Act of 1990, releases and other waste management activities associated with the manufacturing, processing, or other use of toxic chemicals listed under the Emergency Planning and Community Right-To-Know Act of 1986.

Right To Know About Airport Pollution Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Flood Risk Mitigation Act''. SEC. 2. GAO STUDY REGARDING BUYOUT PRACTICES. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency; (2) the term ``appropriate committees of Congress'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Transportation and Infrastructure of the House of Representatives; (3) the terms ``buyout practice'' and ``buyout program'' mean a practice or program, as applicable, under which the Administrator provides assistance to State and local governments so that those entities may acquire flood-damaged properties committed to open space use in perpetuity in accordance with section 404(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)(2)); (4) the term ``eligible property owner'' means a policyholder under the National Flood Insurance Program with a household income that is not more than 120 percent of the mean household income for the community in which the primary residence of the policyholder is located; (5) the term ``National Flood Insurance Program'' means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.); (6) the term ``repetitive loss structure'' has the meaning given the term in section 1370(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4121(a)); and (7) the term ``severe repetitive loss structure'' has the meaning given the term in section 1366(h) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(h)). (b) Study Required.--The Comptroller General of the United States shall conduct a study to assess-- (1) the efficacy of buyout practices, as in effect on the date on which the study is conducted; and (2) ways to streamline the buyout practices described in paragraph (1) in order to provide more timely assistance to a larger number of State and local governments. (c) Considerations and Analysis.--The study conducted under subsection (b) shall consider and analyze the following: (1) To the extent possible, current (as of the date on which the study is conducted) and future trends with respect to repetitive loss structures and severe repetitive loss structures that are insured under the National Flood Insurance Program, including, with respect to both inland and coastal areas-- (A) changes in flood risk, flood frequency, and flood magnitude since the inception of the National Flood Insurance Program; and (B) projections for changes in flood risk, flood frequency, and flood magnitude by 2025, 2050, and 2075. (2) To the extent possible, buyout practices (as of the date on which the study is conducted), including-- (A) the availability of funding sources for buyout programs through various grant programs; (B) the total number of properties acquired though buyout programs; (C) the average length of time for a State or local government to acquire a flood-damaged property under a buyout program, with that period beginning on the date on which the State or local government, as applicable, begins participating in the buyout program; (D) an estimate of the number of flood-damaged properties that could be acquired from willing property owners under buyout programs with the full cooperation of State and local governments; (E) the socioeconomic status of recipients of buyouts under buyout programs; and (F) examples of successful buyout programs, including best practices employed. (3) Administrative, financial, or temporal constraints that may impede the timely acquisition of properties under a buyout program, including-- (A) a lack of communication or cooperation between the Administrator and the State and local governments that purchase properties under a buyout program; (B) pressures to redevelop a property after acquiring a property through a buyout program; and (C) a lack of adequate funding. (4) Potential options, methods, and strategies to address the constraints identified under paragraph (3), including evaluating the feasibility of-- (A) a pilot program under which-- (i) an eligible property owner may agree, before a flood event occurs, to have the primary single-family residence of the eligible property owner purchased after the residence has been substantially damaged by a flood; (ii) the Administrator may provide-- (I) financial assistance to State and local governments that are willing to participate in the program to purchase and acquire the properties of owners that have incurred substantial damage from a flood event; and (II) a premium credit as an incentive to eligible property owners to agree to participate in the program; (iii) properties that are acquired-- (I) shall be maintained as open space in accordance with section 404(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(b)(2)); and (II) may be used for non-structural mitigation, conservation, and recreational purposes; and (iv) not fewer than 5 and not more than 10 State and local governments shall participate; and (B) the role that nonprofit organizations could play in making buyouts more readily available or more efficient, similar to the role that those organizations play in the acquisition of properties for conservation purposes. (5) The ecological, financial, and flood risk reduction benefits that buyout practices, as in effect on the date on which the study is conducted, provide, which shall-- (A) take into account the differences between inland and coastal areas; and (B) include-- (i) examples in which ecosystem restoration and other nature-based approaches have enhanced the reduction of flood risk; and (ii) recommendations for best practices. (6) To the extent possible, an assessment of how the Administrator may use buyout programs to reduce future flood disaster recovery costs that are attributable to future projections of flood risk as a result of sea level rise, population changes, subsidence, and other factors. (7) A cost-benefit analysis of mitigation and buy-out projects and programs, including an assessment of opportunities and challenges for leveraging different Federal resources and funding to maximize the value of Federal investment in disaster mitigation. (d) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress and the Administrator a report that sets forth the analysis, conclusions, and recommendations resulting from the study conducted under subsection (b). (2) Contents.--The report submitted under paragraph (1) shall detail the feasibility of the Administrator establishing, and the processes required for the Administrator to establish, an alternative buyout program, such as the pilot program described in subsection (c)(4)(A). Passed the House of Representatives July 16, 2018. Attest: KAREN L. HAAS, Clerk.

Promoting Flood Risk Mitigation Act (Sec. 2) This bill directs the Government Accountability Office (GAO) to conduct a study to assess: (1) the efficacy of practices or programs under which the Federal Emergency Management Agency (FEMA) provides assistance to state and local governments to acquire flood-damaged properties committed to open space use in perpetuity (buyout practices), and (2) ways to streamline the buyout practices to provide more timely assistance. The study must consider and analyze: current and future trends with respect to repetitive loss structures and severe repetitive loss structures that are insured under the National Flood Insurance Program; buyout practices, including the socioeconomic status of recipients of buyouts under buyout programs and examples of successful buyout programs, including best practices employed; administrative, financial, or temporal constraints that may impede the timely acquisition of properties under a buyout program; potential options, methods, and strategies to address such constraints; the ecological, financial, and flood risk reduction benefits that buyout practices provide; an assessment of how FEMA may use buyout programs to reduce future flood disaster recovery costs; and a cost-benefit analysis of mitigation and buy-out projects and programs. The GAO shall submit to Congress and FEMA a report on the buyout practices study and the feasibility of FEMA establishing an alternative buyout program.

Promoting Flood Risk Mitigation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Missile Defense Act of 1997''. SEC. 2. NATIONAL MISSILE DEFENSE POLICY. (a) National Missile Defense.--It is the policy of the United States to deploy by the end of 2003 a National Missile Defense system that-- (1) is capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate); and (2) could be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats if they emerge. (b) Cooperative Transition.--It is the policy of the United States to seek a cooperative transition to a regime that does not feature an offense-only form of deterrence as the basis for strategic stability. SEC. 3. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE. (a) Requirement for Development of System.--To implement the policy established in section 3(a), the Secretary of Defense shall develop for deployment a National Missile Defense (NMD) system which shall achieve an initial operational capability (IOC) by the end of 2003. (b) Elements of the NMD System.--The system to be developed for deployment shall include the following elements: (1) Interceptors.--An interceptor system that optimizes defensive coverage of the continental United States, Alaska, and Hawaii against limited ballistic missile attack (whether accidental, unauthorized, or deliberate). (2) Ground-based radars.--Fixed ground-based radars. (3) Space-based sensors.--Space-based sensors, including the Space and Missile Tracking System. (4) BM/C<SUP>3.--Battle management, command, control, and communications (BM/C<SUP>3). SEC. 4. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE SYSTEM. The Secretary of Defense shall-- (1) upon the enactment of this Act, promptly initiate required preparatory and planning actions that are necessary so as to be capable of meeting the initial operational capability (IOC) date specified in section 3(a); (2) not later than the end of fiscal year 1999, conduct an integrated systems test which uses elements (including BM/ C<SUP>3 elements) that are representative of, and traceable to, the national missile defense system architecture specified in section 3(b); (3) prescribe and use streamlined acquisition policies and procedures to reduce the cost and increase the efficiency of developing the system specified in section 3(a); and (4) develop a national missile defense follow-on program that-- (A) leverages off of the national missile defense system specified in section 3(a); and (B) could augment that system, if necessary, to provide for a layered defense. SEC. 5. REPORT ON PLAN FOR NATIONAL MISSILE DEFENSE SYSTEM DEVELOPMENT AND DEPLOYMENT. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the Secretary's plan for development and deployment of a national missile defense system pursuant to this Act. The report shall include the following matters: (1) The Secretary's plan for carrying out this Act, including-- (A) a detailed description of the system architecture selected for development under section 3(b); and (B) a discussion of the justification for the selection of that particular architecture. (2) The Secretary's estimate of the amount of appropriations required for research, development, test, evaluation, and for procurement, for each of fiscal years 1998 through 2003 in order to achieve the initial operational capability date specified in section 3(a). (3) A determination of the point at which any activity that is required to be carried out under this Act would conflict with the terms of the ABM Treaty, together with a description of any such activity, the legal basis for the Secretary's determination, and an estimate of the time at which such point would be reached in order to meet the initial operational capability date specified in section 3(a). SEC. 6. POLICY REGARDING THE ABM TREATY. (a) ABM Treaty Negotiations.--In light of the findings in section 232 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 102-106; 110 Stat. 228, 10 U.S.C. 2431 note) and the policy established in section 2, Congress urges the President to pursue, if necessary, high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the national missile defense system being developed for deployment under section 3. (b) Requirement for Senate Advice and Consent.--If an agreement described in subsection (a) is achieved in discussions described in that subsection, the President shall present that agreement to the Senate for its advice and consent. No funds appropriated or otherwise available for any fiscal year may be obligated or expended to implement such an amendment to the ABM Treaty unless the amendment is made in the same manner as the manner by which a treaty is made. (c) Action Upon Failure To Achieve Negotiated Changes Within One Year.--If an agreement described in subsection (a) is not achieved in discussions described in that subsection within one year after the date of the enactment of this Act, the President and Congress, in consultation with each other, shall consider exercising the option of withdrawing the United States from the ABM Treaty in accordance with the provisions of Article XV of that treaty. SEC. 7. DEFINITIONS. In this Act: (1) ABM treaty.--The term ``ABM Treaty'' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, and signed at Moscow on May 26, 1972, and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974. (2) Limited ballistic missile attack.--The term ``limited ballistic missile attack'' refers to a limited ballistic missile attack as that term is used in the National Ballistic Defense Capstone Requirements Document, dated August 24, 1996, that was issued by the United States Space Command and validated by the Joint Requirements Oversight Council of the Department of Defense.

National Missile Defense Act of 1997 - Directs the Secretary of Defense to develop for deployment a National Missile Defense (NMD) system which shall achieve operational capability by the end of 2003. Includes as system elements: (1) an interceptor system that optimizes defensive coverage of the United States; (2) fixed ground-based radar; (3) space-based sensors; and (4) battle management, command, control, and communications. Directs the Secretary to: (1) conduct an integrated systems test by the end of FY 1999; (2) use streamlined acquisition procedures; (3) develop a follow-on program that leverages off of, and that could augment, the NMD system to provide for a layered defense; and (4) report to the Congress on the plan for carrying out this Act, the appropriations required for FY 1998 through 2003, and the point at which activity would conflict with terms of the Anti-Ballistic Missile (ABM) Treaty. Urges the President, if necessary, to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year, to consider the option of withdrawing the United States from the ABM Treaty.

National Missile Defense Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Pregnant Women and Children from Dangerous Lead Exposures Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) the Centers for Disease Control and Prevention recognize that lead is a poison that-- (A) affects virtually every system in the human body; and (B) is particularly harmful to the developing brains and nervous systems of fetuses and young children; (2) the Administrator has determined that lead-- (A) is associated with a wide array of harmful impacts, including damage to the nervous system, the reproductive system, the cardiovascular system, physical development, the kidneys, hearing, and the immune system; and (B) can cause adverse behavioral impacts. (3) the Centers for Disease Control and Prevention and the Administrator have determined that children in general, and children in low socioeconomic conditions and minority children in particular, are at increased risk of lead exposure and adverse health impacts from that exposure; (4) the Census Bureau estimates that in 2006 more than 12,800,000 children under the age of 18 lived in poverty; (5) in 1991, the Centers for Disease Control and Prevention recognized that 10 micrograms per deciliter of lead in blood should prompt public health actions, but that harmful impacts may occur at blood lead levels below 10 micrograms per deciliter; (6) the Environmental Protection Agency (including the Children's Health Protection Advisory Committee of the Environmental Protection Agency) and other Federal entities recognize that scientific studies since 1991 have strengthened the evidence that blood lead levels below 10 micrograms per deciliter, particularly in children, can harm human health; (7) the Administrator recognizes that recent studies have demonstrated that some reductions in cognitive function can occur at the initial and lowest levels of lead exposure, though additional harm can occur with continued exposure to lead; (8) according to the Administrator, approximately 310,000 children in the United States between the ages of 1 and 5 years have blood-lead levels greater than 10 micrograms per deciliter; (9) the Administrator has determined that lead-based paint can pose a health threat through various types of exposure, including through indoor dust and paint chips following renovation activities; (10) in 1992, Congress passed Public Law 102-550 (106 Stat. 3672), title X of which is cited as the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.); (11) section 1021(a) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 amended the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) by adding a title IV to that Act relating to lead exposure reduction (106 Stat. 3912); (12) title IV of the Toxic Substances Control Act (15 U.S.C. 2681 et seq.) required the Administrator to undertake a number of actions to protect individuals, including pregnant women and children, from dangerous lead exposures, including by requiring the Administrator-- (A) by not later than April 28, 1994, to promulgate regulations identifying lead-based paint hazard standards for use in determining standards and regulations for reducing the risk of exposure to those hazards; (B) by not later than April 28, 1995, to conduct and publish a study on the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings are exposed to lead in the conduct of the activities, or disturb lead and create a lead-based paint hazard, on a regular or occasional basis; and (C) by not later than October 28, 1996, to revise the regulations that apply to renovation and remolding activities in target housing, public buildings constructed before 1978, and commercial buildings that create lead-based paint hazards; (13) on January 5, 2001, the Administrator promulgated the lead-based paint hazard regulations required under section 403 of the Toxic Substances Control Act (15 U.S.C. 2683), which identified dangerous levels of lead dust on floors at 40 micrograms per square foot or greater and for window sills at 250 micrograms per square foot or greater; (14) in promulgating the regulations, the Administrator stated that the ``standards [were] based on the best science available to the Agency. The Environmental Protection Agency recognizes, however, that the science is constantly developing . . . If new data become available (e.g., empirical data showing that very small amounts of deteriorated paint pose a serious health risk or data showing that hazard control activities are more effective at reducing long-term dust-lead levels than assumed by the Environmental Protection Agency), the Agency will consider changing the standards to reflect these data.''; (15) on January 23, 2007, the Administrator issued a draft final dust study examining renovation and remodeling activities and lead-contaminated dust hazards; (16) on August 30, 2007, the Clean Air Science Advisory Committee of the Environmental Protection Agency-- (A) reviewed the study on renovation and remodeling activities and lead-contaminated dust hazards and the approach of the Environmental Protection Agency to characterizing lead-contaminated dust levels after renovation and remodeling activities; and (B) concluded that-- (i) ``[s]tandards need to be strengthened in view of recent epidemiological data indicating that children are more susceptible to effects from lead than was previously thought.''; (ii) ``[t]he lead dust loading values of 40 mg/ft\2\ for floors and 250 mg/ft\2\ for window sills are presented as adequately protective of children against lead poisoning, i.e., to guard against blood lead levels of greater than 10 (>10) mg/dL. However, the Panel notes that these residual surface contamination standards are obsolete on the basis of recent epidemiology findings that indicate that adverse health effects are found in children with blood lead levels less than five (<5) mg/ dL. . .).''; (iii) ``[t]he cleaning procedures employed are inadequate, such that post-cleaning lead levels do not even meet the existing Environmental Protection Agency standards. Moreover, the qualitative and simplistic method used to verify the effectiveness of these cleaning procedures, i.e., the `white cloth verification tests', does not yield consistently reliable results, leading to an inaccurate assessment of cleaning efficiency after repair and renovation activities.''; and (iv) ``[t]he Panel strongly feels that it is imprudent to substitute a simplistic and qualitative white cloth test for highly specific, analytical measures of lead in house dust.''; (17) on March 31, 2008, the Administrator issued final lead-based paint renovation, repair, and painting regulations that are based on-- (A) cleaning practices that-- (i) the scientific advisors of the Administrator have criticized as ``inadequate''; and (ii) are based on the goal of meeting the lead dust loading values of 40 micrograms per square foot for floors and 250 micrograms per square foot for window sills, which those scientific advisors have called ``obsolete'' based on studies demonstrating that the values may be inadequately protective of children's health; and (B) the ``white cloth'' method to verify the effectiveness of cleaning practices, which the scientific advisors of the Administrator have called ``inaccurate'' and ``simplistic''; and (18) the revised lead-based paint renovation, repair, and painting rule of the Environmental Protection Agency fails-- (A) to use the best available science on the adverse impacts of lead on children's health; (B) to adequately protect the health of pregnant women and children from lead poisoning; and (C) to contain enforceable methods of verifying that lead levels in homes and other facilities are safe following lead-based paint renovation, repair, and painting activities. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Best available science.--The term ``best available science'' includes, with respect the establishment of standards for the protection of individuals from exposure to lead, studies on the health effects of lead completed since the Environmental Protection Agency last updated the lead-based paint hazard standard under section 403 of the Toxic Substances Control Act (15 U.S.C. 2683), including especially recent epidemiological studies, demonstrating that lead levels below 10 micrograms per deciliter of blood pose a threat to children's health. SEC. 4. PROTECTION OF PREGNANT WOMEN AND CHILDREN. (a) Best Available Science.-- (1) Final regulations.--Not later than April 30, 2009, the Administrator shall use the best available science-- (A) to promulgate a final rule revising the lead- based paint hazard standard of the Environmental Protection Agency promulgated under section 403 of the Toxic Substances Control Act (15 U.S.C. 2683) to a more protective level that safeguards the health of pregnant women and children; and (B) to require the use of a lead dust cleaning clearance methodology that ensures lead dust levels meet the standard revised under subparagraph (A). (2) Peer review of analyses.--The Administrator shall ensure that the Clean Air Science Advisory Committee of the Environmental Protection Agency peer reviews the analyses that the Administrator uses-- (A) to revise the lead-based paint hazard standard; and (B) to require the use of a lead dust cleaning clearance methodology. (b) Implement Protections for Pregnant Women and Children.--Not later than April 22, 2010, the Administrator shall integrate into the revised rules of the Environmental Protection Agency on renovation and remolding activities that create lead-based paint hazards-- (1) the lead-based paint hazard standard revised under subsection (a)(1)(A); and (2) the lead dust cleaning clearance methodology required under subsection (a)(1)(B). (c) Periodic Revaluation.--The Administrator shall review and reevaluate the health protectiveness of the rule promulgated under subsection (a)(1)(A), for the sole purpose of determining whether to increase protections for the health of pregnant women and children, with the review and reevaluation occurring-- (1) at least once every 5 years; or (2) more frequently, as necessary, if significant scientific findings indicate that the standard described in subsection (a)(1)(A) should be revised to increase protections for the health of pregnant women and children. SEC. 5. NO EFFECT ON OTHER EFFECTIVE DATES. Nothing in this Act or any amendment made by this Act modifies or otherwise affects any effective date described in the final rule of the Environmental Protection Agency entitled ``Lead; Renovation, Repair, and Repainting Program'' (73 Fed. Reg. 21692 (April 22, 2008)).

Protect Pregnant Women and Children from Dangerous Lead Exposures Act of 2008 - Requires the Administrator of the Environmental Protection Agency (EPA), no later than April 30, 2009, to use the best available science to: (1) promulgate a final rule revising EPA's lead-based paint hazard standard promulgated under the Toxic Substances Control Act to a more protective level that safeguards the health of pregnant women and children; and (2) require the use of a lead dust cleaning clearance methodology that ensures lead dust levels meet such revised standard. Requires the Administrator to ensure that EPA's Clean Air Science Advisory Committee peer reviews the analyses that the Administrator uses to revise such standard and to require the use of such methodology. Requires the Administrator, no later than April 22, 2010, to integrate into EPA's revised rules on renovation and remolding activities that create lead-based paint hazards such revised standard and methodology. Requires the Administrator to review and reevaluate the health protectiveness of the rule revising EPA's lead-based paint hazard standard to determine whether to increase protections for the health of pregnant women and children: (1) every five years; or (2) more frequently if significant scientific findings indicate that the standard should be so revised. Declares that this Act does not modify or affect any effective date described in the final rule of the Environmental Protection Agency entitled "Lead: Renovation, Repair, and Repainting Program" published on April 22, 2008.

A bill to protect pregnant women and children from dangerous lead exposures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq and Syria Genocide Relief and Accountability Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) The Secretary of State of State declared on March 17, 2016, and on August 15, 2017, that Daesh (also known as the Islamic State of Iraq and Syria or ISIS) is responsible for genocide, crimes against humanity, and other atrocity crimes against religious and ethnic minority groups in Iraq and Syria, including Christians, Yezidis, and Shia, among other religious and ethnic groups. (2) According to the Department of State's annual reports on international religious freedom-- (A) the number of Christians living in Iraq has dropped from an estimated 800,000 to 1,400,000 in 2002 to fewer than 250,000 in 2017; and (B) the number of Yezidis living in Iraq has fluctuated from 500,000 in 2013, to between 350,000 and 400,000 in 2016, and between 600,000 and 750,000 in 2017. (3) The annual reports on international religious freedom further suggest that-- (A) Christian communities living in Syria, which had accounted for between 8 and 10 percent of Syria's total population in 2010, are now ``considerably'' smaller as a result of the civil war, and (B) there was a population of approximately 80,000 Yezidis before the commencement of the conflict in Syria. (4) Local communities and entities have sought to mitigate the impact of violence directed against religious and ethnic minorities in Iraq and Syria, including the Chaldean Catholic Archdiocese of Erbil (Kurdistan Region of Iraq), which has used predominantly private funds to provide assistance to internally displaced Christians, Yezidis, and Muslims throughout the greater Erbil region, while significant needs and diminishing resources have made it increasingly difficult to continue these efforts. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Select Committee on Intelligence of the Senate; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Committee on the Judiciary of the House of Representatives; (H) the Committee on Homeland Security of the House of Representatives; (I) the Committee on Appropriations of the House of Representatives; and (J) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Foreign terrorist organization.--The term ``foreign terrorist organization'' mean an organization designated by the Secretary of State as a foreign terrorist organization pursuant to section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). (3) Humanitarian, stabilization, and recovery needs.--The term ``humanitarian, stabilization, and recovery needs'', with respect to an individual, includes water, sanitation, hygiene, food security and nutrition, shelter and housing, reconstruction, medical, education, psychosocial needs, and other assistance to address basic human needs, including stabilization assistance (as defined by the Stabilization Assistance Review in ``A Framework for Maximizing the Effectiveness of U.S. Government Efforts to Stabilize Conflict-Affected Areas, 2018). (4) Hybrid court.--The term ``hybrid court'' means a court with a combination of domestic and international lawyers, judges, and personnel. (5) Internationalized domestic court.--The term ``internationalized domestic court'' means a domestic court with the support of international advisers. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to ensure that assistance for humanitarian, stabilization, and recovery needs of individuals who are or were nationals and residents of Iraq or Syria, and of communities in and from those countries, is directed toward those individuals and communities with the greatest need, including those individuals from communities of religious and ethnic minorities, and communities of religious and ethnic minorities, that the Secretary of State declared were targeted for genocide, crimes against humanity, or war crimes, and have been identified as being at risk of persecution, forced migration, genocide, crimes against humanity, or war crimes. SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ FOR GENOCIDE, CRIMES AGAINST HUMANITY, AND WAR CRIMES. (a) Assistance.--The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance, including financial and technical assistance, as necessary and appropriate, to support the efforts of entities, including nongovernmental organizations with expertise in international criminal investigations and law, to address genocide, crimes against humanity, or war crimes, and their constituent crimes by ISIS in Iraq by-- (1) conducting criminal investigations; (2) developing indigenous investigative and judicial skills, including by partnering, directly mentoring, and providing necessary equipment and infrastructure to effectively adjudicating cases consistent with due process and respect for the rule of law; and (3) collecting and preserving evidence and the chain of evidence, including for use in prosecutions in domestic courts, hybrid courts, and internationalized domestic courts, consistent with the activities described in subsection (b). (b) Actions by Foreign Governments.--The Secretary of State, in consultation with the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall encourage governments of foreign countries-- (1) to include information in appropriate security databases and security screening procedures of such countries to identify suspected ISIS members for whom credible evidence exists of having committed genocide, crimes against humanity, or war crimes, and their constituent crimes, in Iraq; and (2) to apprehend and prosecute such ISIS members for genocide, crimes against humanity, or war crimes, as appropriate. (c) Consultation.--In carrying out subsection (a), the Secretary of State shall consult with and consider credible information from entities described in such subsection. SEC. 6. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS HUMANITARIAN, STABILIZATION, AND RECOVERY NEEDS OF CERTAIN PERSONS IN IRAQ AND SYRIA. (a) Identification.--The Secretary of State, in consultation with the Secretary of Defense, the Administrator of the United States Agency for International Development, and Director of National Intelligence, shall seek to identify-- (1) threats of persecution and other early-warning indicators of genocide, crimes against humanity, and war crimes against individuals who are or were nationals and residents of Iraq or Syria, are members of religious or ethnic minority groups in such countries, and against whom the Secretary of State has determined ISIS has committed genocide, crimes against humanity, or war crimes; (2) the religious and ethnic minority groups in Iraq or Syria identified pursuant to paragraph (1) that are at risk of forced migration, within or across the borders of Iraq, Syria, or a country of first asylum, and the primary reasons for such risk; (3)(A) the humanitarian, stabilization, and recovery needs of individuals described in paragraphs (1) and (2), including the assistance provided by the United States and by the United Nations, respectively-- (i) to address the humanitarian, stabilization, and recovery needs of such individuals; and (ii) to mitigate the risks of forced migration of such individuals; and (B) assistance provided through the Funding Facility for Immediate Stabilization and Funding Facility for Expanded Stabilization; and (4) to the extent practicable and appropriate-- (A) the entities, including faith-based entities, that are providing assistance to address the humanitarian, stabilization, and recovery needs of individuals described in paragraphs (1) and (2); and (B) the extent to which the United States is providing assistance to or through the entities referred to in subparagraph (A). (b) Additional Consultation.--In carrying out subsection (a), the Secretary of State shall consult with, and consider credible information from-- (1) individuals described in paragraphs (1) and (2) of such subsection; and (2) the entities described in paragraph (4)(A) of such subsection. (c) Assistance.--The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance, including financial and technical assistance as necessary and appropriate, to support the entities described in subsection (a)(4)(A). SEC. 7. REPORT. (a) Implementation Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that includes-- (1) a detailed description of the efforts taken, and efforts proposed to be taken, to implement the provisions of this Act; (2) an assessment of-- (A) the feasibility and advisability of prosecuting ISIS members for whom credible evidence exists of having committed genocide, crimes against humanity, or war crimes in Iraq, including in domestic courts in Iraq, hybrid courts, and internationalized domestic courts; and (B) the measures needed-- (i) to ensure effective criminal investigations of such individuals; and (ii) to effectively collect and preserve evidence, and preserve the chain of evidence, for prosecution; and (3) recommendations for legislative remedies and administrative actions to facilitate the implementation of this Act. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Iraq and Syria Genocide Relief and Accountability Act of 2017 (Sec. 4) This bill states that is U.S. policy to ensure that humanitarian, stabilization, and recovery assistance for nationals and residents of Iraq or Syria, and of communities from those countries, is directed toward ethnic and minority individuals and communities with the greatest need, including those individuals and communities that are at risk of persecution or war crimes. (Sec. 5) The Department of State and the U.S. Agency for International Development may provide assistance, including financial and technical assistance, to support the efforts of entities, including nongovernmental organizations with expertise in international criminal investigations and law, to address crimes of genocide, crimes against humanity, or war crimes in Iraq since January 2014 by: conducting criminal investigations, developing indigenous investigative and judicial skills to adjudicate cases consistent with due process and respect for the rule of law, and collecting and preserving evidence for use in prosecutions. The State Department shall encourage foreign governments to identify and prosecute individuals who are suspected of committing such crimes, including members of foreign terrorist organizations operating in Iraq or Syria. (Sec. 6) The State Department shall identify: threats of persecution, genocide, crimes against humanity, and war crimes against members of Iraqi or Syrian religious or ethnic groups that are minorities in Iraq or in Syria with respect to whom the Islamic State of Iraq and Syria (ISIS) has committed such crimes in Iraq or Syria since January 2014 or who are members of other persecuted religious or ethnic groups; persecuted religious and ethnic minority groups in Iraq or Syria that are at risk of forced migration and the primary reasons for such risk; humanitarian, stabilization, and recovery needs of these individuals; and entities, including faith-based entities, that are providing such assistance and the extent of U.S. assistance to or through such entities. (Sec. 7) The State Department shall provide Congress with: a description of the efforts taken and proposed to implement this bill; and an assessment of the feasibility and advisability of prosecuting individuals for acts of genocide, crimes against humanity, or war crimes in Iraq since January 2014 or in Syria since March 2011.

Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Katie Sepich Enhanced DNA Collection Act of 2010''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Minimum dna collection process.--The term ``minimum DNA collection process'' means, with respect to a State, a process under which the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation is searched at least 1 time against samples from the following individuals who are at least 18 years of age: (A) Individuals who are arrested for or charged with a criminal offense under State law that consists of murder or voluntary manslaughter. (B) Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 5 years. (C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnapping or abduction and that is punishable by imprisonment for more than 5 years. (2) Enhanced dna collection process.--The term ``enhanced DNA collection process'' means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation, of DNA samples from the following individuals who are at least 18 years of age: (A) Individuals who are arrested for or charged with a criminal offense under State law that consists of murder or voluntary manslaughter. (B) Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year. (C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnapping or abduction and that is punishable by imprisonment for more than 1 year. (D) Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year. (E) Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 3. INCENTIVE PAYMENTS FOR STATES TO IMPLEMENT MINIMUM AND ENHANCED DNA COLLECTION PROCESSES. (a) Grants Authorized.--The Attorney General shall carry out a grant program under which the Attorney General may make grants to States for the purpose of assisting States with the costs associated with the implementation of minimum or enhanced DNA collection processes. (b) Applications.-- (1) In general.--To be eligible to receive a grant under this section, in addition to any other requirements specified by the Attorney General, a State shall submit to the Attorney General an application that demonstrates that it has instituted policies, protocols, or regulations requiring the implementation of either a minimum or enhanced DNA collection process. (2) Other requirements.--The Attorney General may require a State desiring a grant under this section to document, for review by the Attorney General, the first year expenses associated with a State's implementation or planned implementation of a minimum or enhanced DNA collection process. (c) Grant Allocation.--The amount available to a State under this section shall be equivalent to the first-year costs to that State of implementing a minimum or enhanced DNA collection process. The Attorney General retains discretion to determine the amount of each such grant awarded to an eligible State. SEC. 4. BONUS PAYMENTS FOR STATES WHICH HAVE IMPLEMENTED AN ENHANCED DNA COLLECTION PROCESS. In the case of a State that has implemented an enhanced DNA collection process and uses such process for a fiscal year, the State shall be eligible to receive a bonus payment equivalent to the amount available to such State under section 3. SEC. 5. CONDITIONS OF RECEIVING INCENTIVE AND BONUS PAYMENTS. As a condition of receiving an incentive grant or bonus payment under sections 3 or 4, a State shall have a procedure in place to-- (1) provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA sample for inclusion in the index; (2) provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public website; and (3) make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party. SEC. 6. EXPUNGEMENT OF PROFILES. The expungement requirements under section 210304(d) of the DNA Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any samples collected pursuant to this Act for purposes of inclusion in the Combined DNA Index System (CODIS) of the Federal Bureau of Investigation. SEC. 7. REPORTS. The Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that-- (1) lists the States, for the year involved-- (A) which have (and those States which have not) implemented a minimum DNA collection process and use such process; and (B) which have (and those States which have not) implemented an enhanced DNA collection process and use such process; and (2) includes statistics, with respect to the year involved, regarding the benefits to law enforcement resulting from the implementation of minimum and enhanced DNA collection processes, including the number of matches made due to the inclusion of arrestee profiles under such a process. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of the fiscal years 2012 through 2016.

Katie Sepich Enhanced DNA Collection Act of 2010 - Directs the Attorney General to make grants to assist states with costs associated with the implementation of minimum or enhanced DNA collection processes. Defines such processes for the purpose of this Act. Awards bonus payments to states that have implemented and used an enhanced DNA collection process.

A bill to authorize the Attorney General to award grants for States to implement minimum and enhanced DNA collection processes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Safety Act of 2001''. TITLE I--SMALL COMMUNITY LAW ENFORCEMENT IMPROVEMENT GRANTS SEC. 101. SMALL COMMUNITY GRANT PROGRAM. Section 1703 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by adding at the end the following: ``(d) Retention Grants.-- ``(1) In general.--The Attorney General may make grants to units of local government and tribal governments located outside a Standard Metropolitan Statistical Area, which grants shall be targeted specifically for the retention for 1 additional year of police officers funded through the COPS Universal Hiring Program, the COPS FAST Program, the Tribal Resources Grant Program-Hiring, or the COPS in Schools Program. ``(2) Preference.--In making grants under this subsection, the Attorney General shall give preference to grantees that demonstrate financial hardship or severe budget constraint that impacts the entire local budget and may result in the termination of employment for police officers described in paragraph (1). ``(3) Limit on grant amounts.--The total amount of a grant made under this subsection shall not exceed 20 percent of the original grant to the grantee. ``(4) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2002 through 2006. ``(B) Set-aside.--Of the amount made available for grants under this subsection for each fiscal year, 10 percent shall be awarded to tribal governments.''. SEC. 102. SMALL COMMUNITY TECHNOLOGY GRANT PROGRAM. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by striking subsection (k) and inserting the following: ``(k) Law Enforcement Technology Program.-- ``(1) In general.--Grants made under subsection (a) may be used to assist the police departments of units of local government and tribal governments located outside a Standard Metropolitan Statistical Area, in employing professional, scientific, and technological advancements that will help those police departments to-- ``(A) improve police communications through the use of wireless communications, computers, software, videocams, databases and other hardware and software that allow law enforcement agencies to communicate and operate more effectively; and ``(B) develop and improve access to crime solving technologies, including DNA analysis, photo enhancement, voice recognition, and other forensic capabilities. ``(2) Cost share requirement.--A recipient of a grant made under subsection (a) and used in accordance with this subsection shall provide matching funds from non-Federal sources in an amount equal to not less than 10 percent of the total amount of the grant made under this subsection, subject to a waiver by the Attorney General for extreme hardship. ``(3) Administration.--The COPS Office shall administer the grant program under this subsection. ``(4) No supplanting.--Federal funds provided under this subsection shall be used to supplement and not to supplant local funds allocated to technology. ``(5) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated $40,000,000 for each of fiscal years 2002 through 2006 to carry out this subsection. ``(B) Set-aside.--Of the amount made available for grants under this subsection for each fiscal year, 10 percent shall be awarded to tribal governments.''. SEC. 103. RURAL 9-1-1 SERVICE. (a) Purpose.--The purpose of this section is to provide access to, and improve a communications infrastructure that will ensure a reliable and seamless communication between, law enforcement, fire, and emergency medical service providers in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area and in States. (b) Authority To Make Grants.--The Office of Justice Programs of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to units of local government and tribal governments located outside a Standard Metropolitan Statistical Area for the purpose of establishing or improving 9-1-1 service in those communities. Priority in making grants under this section shall be given to communities that do not have 9-1-1 service. (c) Definition.--In this section, the term ``9-1-1 service'' refers to telephone service that has designated 9-1-1 as a universal emergency telephone number in the community served for reporting an emergency to appropriate authorities and requesting assistance. (d) Limit on Grant Amount.--The total amount of a grant made under this section shall not exceed $250,000. (e) Funding.-- (1) In general.--There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2002, to remain available until expended. (2) Set-aside.--Of the amount made available for grants under this section, 10 percent shall be awarded to tribal governments. SEC. 104. JUVENILE OFFENDER ACCOUNTABILITY. (a) Purposes.--The purposes of this section are to-- (1) hold juvenile offenders accountable for their offenses; (2) involve victims and the community in the juvenile justice process; (3) obligate the offender to pay restitution to the victim and to the community through community service or through financial or other forms of restitution; and (4) equip juvenile offenders with the skills needed to live responsibly and productively. (b) Authority To Make Grants.--The Office of Justice Programs of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to units of rural local governments and tribal governments located outside a Standard Metropolitan Statistical Area to establish restorative justice programs, such as victim and offender mediation, family and community conferences, family and group conferences, sentencing circles, restorative panels, and reparative boards, as an alternative to, or in addition to, incarceration. (c) Program Criteria.--A program funded by a grant made under this section shall-- (1) be fully voluntary by both the victim and the offender (who must admit responsibility), once the prosecuting agency has determined that the case is appropriate for this program; (2) include as a critical component accountability conferences, at which the victim will have the opportunity to address the offender directly, to describe the impact of the offense against the victim, and the opportunity to suggest possible forms of restitution; (3) require that conferences be attended by the victim, the offender and, when possible, the parents or guardians of the offender, and the arresting officer; and (4) provide an early, individualized assessment and action plan to each juvenile offender in order to prevent further criminal behavior through the development of appropriate skills in the juvenile offender so that the juvenile is more capable of living productively and responsibly in the community. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section-- (A) $10,000,000 for fiscal year 2002 for grants to establish programs; and (B) $5,000,000 for each of fiscal years 2003 and 2004 to continue programs established in fiscal year 2002. (2) Set-aside.--Of the amount made available for grants under this section for each fiscal year, 10 percent shall be awarded to tribal governments. TITLE II--CRACKING DOWN ON METHAMPHETAMINE SEC. 201. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS. Subpart I of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 509 the following: ``SEC. 510A. METHAMPHETAMINE TREATMENT PROGRAMS IN RURAL AREAS. ``(a) In General.--The Secretary, acting through the Director of the Center for Substance Abuse Treatment, shall make grants to community-based public and nonprofit private entities for the establishment of substance abuse (particularly methamphetamine) prevention and treatment pilot programs in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area. ``(b) Administration.--Grants made in accordance with this section shall be administered by a single State agency designated by a State to ensure a coordinated effort within that State. ``(c) Application.--To be eligible to receive a grant under subsection (a), a public or nonprofit private entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--A recipient of a grant under this section shall use amounts received under the grant to establish a methamphetamine abuse prevention and treatment pilot program that serves one or more rural areas. Such a pilot program shall-- ``(1) have the ability to care for individuals on an in- patient basis; ``(2) have a social detoxification capability, with direct access to medical services within 50 miles; ``(3) provide neuro-cognitive skill development services to address brain damage caused by methamphetamine use; ``(4) provide after-care services, whether as a single- source provider or in conjunction with community-based services designed to continue neuro-cognitive skill development to address brain damage caused by methamphetamine use; ``(5) provide appropriate training for the staff employed in the program; and ``(6) use scientifically-based best practices in substance abuse treatment, particularly in methamphetamine treatment. ``(e) Amount of Grants.--The amount of a grant under this section shall be at least $19,000 but not greater than $100,000. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated $2,000,000 to carry out this section. ``(2) Set-aside.--Of the amount made available for grants under this section, 10 percent shall be awarded to tribal governments to ensure the provision of services under this section.''. SEC. 202. METHAMPHETAMINE PREVENTION EDUCATION. Section 519E of the Public Health Service Act (42 U.S.C. 290bb-25e) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (F), by striking ``and'' at the end; (B) in subparagraph (G), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(H) to fund programs that educate rural communities, particularly parents, teachers, and others who work with youth, concerning the early signs and effects of methamphetamine use, however, as a prerequisite to receiving funding, these programs shall-- ``(i) prioritize methamphetamine prevention and education; ``(ii) have past experience in community coalition building and be part of an existing coalition that includes medical and public health officials, educators, youth-serving community organizations, and members of law enforcement; ``(iii) utilize professional prevention staff to develop research and science based prevention strategies for the community to be served; ``(iv) demonstrate the ability to operate a community-based methamphetamine prevention and education program; ``(v) establish prevalence of use through a community needs assessment; ``(vi) establish goals and objectives based on a needs assessment; and ``(vii) demonstrate measurable outcomes on a yearly basis.''; (2) in subsection (e)-- (A) by striking ``subsection (a), $10,000,000'' and inserting ``subsection (a)-- ``(1) $10,000,000''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) $5,000,000 for each of fiscal years 2002 through 2006 to carry out the programs referred to in subsection (c)(1)(H).''; and (3) by adding at the end the following: ``(f) Set-Aside.--Of the amount made available for grants under this section, 10 percent shall be used to assist tribal governments. ``(g) Amount of Grants.--The amount of a grant under this section, with respect to each rural community involved, shall be at least $19,000 but not greater than $100,000.''. SEC. 203. METHAMPHETAMINE CLEANUP. (a) In General.--The Attorney General shall, through the Department of Justice or through grants to States or units of local government and tribal governments located outside a Standard Metropolitan Statistical Area, in accordance with such regulations as the Attorney General may prescribe, provide for-- (1) the cleanup of methamphetamine laboratories and related hazardous waste in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area; and (2) the improvement of contract-related response time for cleanup of methamphetamine laboratories and related hazardous waste in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area by providing additional contract personnel, equipment, and facilities. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $20,000,000 for fiscal year 2002 to carry out this section. (2) Funding additional.--Amounts authorized by this section are in addition to amounts otherwise authorized by law. (3) Set-aside.--Of the amount made available for grants under this section, 10 percent shall be awarded to tribal governments. TITLE III--LAW ENFORCEMENT TRAINING. SEC. 301. SMALL TOWN AND RURAL TRAINING PROGRAM. (a) In General.--There is established a Rural Policing Institute, which shall be administered by the National Center for State and Local Law Enforcement Training of the Federal Law Enforcement Training Center (FLETC) as part of the Small Town and Rural Training (STAR) Program to-- (1) assess the needs of law enforcement in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area; (2) develop and deliver export training programs regarding topics such as drug enforcement, airborne counterdrug operations, domestic violence, hate and bias crimes, computer crimes, law enforcement critical incident planning related to school shootings, and other topics identified in the training needs assessment to law enforcement officers in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area; and (3) conduct outreach efforts to ensure that training programs under the Rural Policing Institute reach law enforcement officers in units of local government and tribal governments located outside a Standard Metropolitan Statistical Area. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $10,000,000 for fiscal year 2002, and $5,000,000 for each of fiscal years 2003 through 2006 to carry out this section, including contracts, staff, and equipment. (2) Set-aside.--Of the amount made available for grants under this section for each fiscal year, 10 percent shall be awarded to tribal governments.

Rural Safety Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Attorney General to make grants to rural local and tribal governments for the retention for one additional year of police officers funded through the cops on the beat (or COPS) Program; and (2) authorize the use of COPS grants on a matching funds basis to assist the police departments of such units in improving police communications, and in developing and improving access to crime-solving technologies.Directs the Office of Justice Programs of the Department of Justice to make grants to such units to: (1) establish or improve 911 service in those communities; and (2) establish restorative justice programs for juveniles, such as victim/offender mediation and family and community conferences.Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Center for Substance Abuse Treatment, to make grants to establish in rural areas substance abuse (particularly methamphetamine) prevention and treatment pilot programs and methamphetamine prevention education programs.Directs the Attorney General to provide for the cleanup of methamphetamine laboratories and related hazardous waste, and for the improvement of contract-related response time for cleanup of methamphetamine laboratories and related hazardous waste by providing additional contract personnel, equipment, and facilities, in rural areas.Establishes a Rural Policing Institute as part of the Small Town and Rural Training Program..

A bill to promote rural safety and improve rural law enforcement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Libyan Claims Resolution Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; (2) the term ``claims agreement'' means an international agreement between the United States and Libya, binding under international law, that provides for the settlement of terrorism- related claims of nationals of the United States against Libya through fair compensation; (3) the term ``national of the United States'' has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); (4) the term ``Secretary'' means the Secretary of State; and (5) the term ``state sponsor of terrorism'' means a country the government of which the Secretary has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. SEC. 3. SENSE OF CONGRESS. Congress supports the President in his efforts to provide fair compensation to all nationals of the United States who have terrorism- related claims against Libya through a comprehensive settlement of claims by such nationals against Libya pursuant to an international agreement between the United States and Libya as a part of the process of restoring normal relations between Libya and the United States. SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION OF CLAIMS AGREEMENT. (a) Designation of Entity.-- (1) Designation.--The Secretary, by publication in the Federal Register, may, after consultation with the appropriate congressional committees, designate 1 or more entities to assist in providing compensation to nationals of the United States, pursuant to a claims agreement. (2) Authority of the secretary.--The designation of an entity under paragraph (1) is within the sole discretion of the Secretary, and may not be delegated. The designation shall not be subject to judicial review. (b) Immunity.-- (1) Property.-- (A) In general.--Notwithstanding any other provision of law, if the Secretary designates any entity under subsection (a)(1), any property described in subparagraph (B) of this paragraph shall be immune from attachment or any other judicial process. Such immunity shall be in addition to any other applicable immunity. (B) Property described.--The property described in this subparagraph is any property that-- (i) relates to the claims agreement; and (ii) for the purpose of implementing the claims agreement, is-- (I) held by an entity designated by the Secretary under subsection (a)(1); (II) transferred to the entity; or (III) transferred from the entity. (2) Other acts.--An entity designated by the Secretary under subsection (a)(1), and any person acting through or on behalf of such entity, shall not be liable in any Federal or State court for any action taken to implement a claims agreement. (c) Nonapplicability of the Government Corporation Control Act.--An entity designated by the Secretary under subsection (a)(1) shall not be subject to chapter 91 of title 31, United States Code (commonly known as the ``Government Corporation Control Act''). SEC. 5. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF LIBYA. (a) Immunity.-- (1) In general.--Notwithstanding any other provision of law, upon submission of a certification described in paragraph (2)-- (A) Libya, an agency or instrumentality of Libya, and the property of Libya or an agency or instrumentality of Libya, shall not be subject to the exceptions to immunity from jurisdiction, liens, attachment, and execution contained in section 1605A, 1605(a)(7), or 1610 (insofar as section 1610 relates to a judgment under such section 1605A or 1605(a)(7)) of title 28, United States Code; (B) section 1605A(c) of title 28, United States Code, section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 342; 28 U.S.C. 1605A note), section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (28 U.S.C. 1605 note), and any other private right of action relating to acts by a state sponsor of terrorism arising under Federal, State, or foreign law shall not apply with respect to claims against Libya, or any of its agencies, instrumentalities, officials, employees, or agents in any action in a Federal or State court; and (C) any attachment, decree, lien, execution, garnishment, or other judicial process brought against property of Libya, or property of any agency, instrumentality, official, employee, or agent of Libya, in connection with an action that would be precluded by subparagraph (A) or (B) shall be void. (2) Certification.--A certification described in this paragraph is a certification-- (A) by the Secretary to the appropriate congressional committees; and (B) stating that the United States Government has received funds pursuant to the claims agreement that are sufficient to ensure-- (i) payment of the settlements referred to in section 654(b) of division J of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2342); and (ii) fair compensation of claims of nationals of the United States for wrongful death or physical injury in cases pending on the date of enactment of this Act against Libya arising under section 1605A of title 28, United States Code (including any action brought under section 1605(a)(7) of title 28, United States Code, or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (28 U.S.C. 1605 note), that has been given effect as if the action had originally been filed under 1605A(c) of title 28, United States Code, pursuant to section 1083(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 342; 28 U.S.C. 1605A note)). (b) Temporal Scope.--Subsection (a) shall apply only with respect to any conduct or event occurring before June 30, 2006, regardless of whether, or the extent to which, application of that subsection affects any action filed before, on, or after that date. (c) Authority of the Secretary.--The certification by the Secretary referred to in subsection (a)(2) may not be delegated, and shall not be subject to judicial review. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Libyan Claims Resolution Act - States that Congress supports the President's efforts to provide fair compensation to all U.S. nationals who have terrorism-related claims against Libya as part of the process of restoring normal U.S.-Libya relations. Defines "claims agreement" as a binding international agreement between the United States and Libya that provides for the settlement of terrorism-related claims of U.S. nationals against Libya through fair compensation Authorizes the Secretary of State, after consultation with the appropriate congressional committees, to designate one or more entities to assist in providing compensation to U.S. nationals pursuant to a claims agreement. States that: (1) upon such designation property that relates to the claims agreement and that is held by or transferred to or from a designated entity shall be immune from attachment or any other judicial process; (2) such entity and any person acting through or on its behalf shall not be liable in any federal or state court for any action taken to implement a claims agreement; and (3) such entity shall not be subject to the Government Corporation Control Act. Exempts Libya (and related instrumentalities and individuals) from specified property liens and attachments, limitations on foreign jurisdictional immunity, and private rights of action if the Secretary certifies to the appropriate congressional committees that the U.S. government has received sufficient funds pursuant to the claims agreement to ensure: (1) payment of specified settlements to the Pan Am 103 victims families, the LaBelle Disco bombing victims, and other relevant terrorism cases; and (2) fair compensation of specified claims by U.S. nationals against Libya for wrongful death or physical injury in cases pending on the date of enactment of this Act. (Applies such provisions only to conduct or events occurring before June 30, 2006.) States that the designation and certification authorities under this Act: (1) are within the Secretary's sole discretion and may not be delegated; and (2) are not subject to judicial review.

A bill to resolve pending claims against Libya by United States nationals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traditional Banking Regulatory Relief Act of 2015''. SEC. 2. REGULATORY RELIEF FOR TRADITIONAL BANKING ORGANIZATIONS. (a) Regulatory Capital Requirements.-- (1) In general.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(aa) Treatment of Traditional Banking Organizations.-- ``(1) Regulatory capital requirements.-- ``(A) Simple leverage ratio.--The appropriate Federal banking agencies shall issue regulations establishing a minimum simple leverage ratio at no less than 10 percent. The simple leverage ratio requirement shall be consistent with regulations promulgated pursuant to section 38 (relating to prompt corrective action). ``(B) Application to traditional banking organization.--Notwithstanding any other provision of law, a traditional banking organization that meets the minimum simple leverage ratio established under subparagraph (A) may elect, by notice to the appropriate Federal banking agencies, to maintain the minimum simple leverage ratio as its sole measure of capital adequacy. ``(C) Exemption from risk-based capital requirement.--The risk-based capital requirement in section 38(c)(1)(A) shall not apply to a traditional banking organization that makes an election under subparagraph (B) and complies with regulations issued in accordance with this paragraph. ``(D) Grace period.--A traditional banking organization that makes an election under subparagraph (B) and fails to maintain the minimum simple leverage ratio described in subparagraph (A) (as determined by the first quarterly report of condition issued after making such an election) shall be exempt from the risk- based capital requirement in section 38(c)(1)(A) for a period of 18 months beginning on the date of such determination. ``(2) Reservation of authority.--Notwithstanding any other provision of this subsection, an appropriate Federal banking agency may require additional capital adequacy measures applicable to a newly chartered traditional banking organization or for an individual traditional banking organization if such measures are required to ensure the safety and soundness of the banking organization or to prevent an unacceptable risk to the Deposit Insurance Fund. ``(3) Definitions.-- ``(A) Traditional banking organization.--The term `traditional banking organization' means any bank holding company, savings and loan holding company, bank, or savings association that individually, and when including its parent, subsidiaries, and all affiliates, meets the following requirements: ``(i) Has zero trading assets and zero trading liabilities. ``(ii) Does not engage in swaps or security-based swaps (as such terms are defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)), other than swaps or security-based swaps referencing interest rates or foreign exchange swaps (as such terms are defined in such section). ``(iii) Has a total gross notional exposure of swaps and security-based swaps of not more than $3,000,000,000. ``(B) Simple leverage ratio.-- ``(i) In general.--The term `simple leverage ratio' means-- ``(I) total equity less goodwill and deferred tax assets, divided by ``(II) total assets less goodwill and deferred tax assets, as measured by generally accepted accounting principles. ``(ii) Measurements.--For purposes of measuring the simple leverage ratio capital requirements of a traditional banking organization, the appropriate Federal banking agencies may, by regulation, require-- ``(I) the exclusion, from total equity, of other intangible assets; or ``(II) the addition, to total assets, of off-balance sheet items. ``(iii) Rule of construction.--The simple leverage ratio shall not be construed to be a generally applicable leverage capital requirement for purposes of section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371).''. (2) Phase-in for certain organizations.-- (A) In general.--Notwithstanding the minimum simple leverage ratio requirement under section 18(aa)(1)(B) of the Federal Deposit Insurance Act, a traditional banking organization with a simple leverage ratio of 8 percent or more may make an election under such section 18(aa)(1)(B) during the 18-month period beginning on the date of the enactment of this Act. (B) Requirement to meet the minimum simple leverage ratio.--A traditional banking organization making an election pursuant to subparagraph (A) shall have until the end of the 18-month period described under subparagraph (A) to meet the minimum simple leverage ratio, or the organization's election under section 18(aa)(1)(B) of the Federal Deposit Insurance Act shall be terminated. (C) Definitions.--For purposes of this paragraph: (i) Minimum simple leverage ratio.--The term ``minimum simple leverage ratio'' means the minimum simple leverage ratio established under section 18(aa)(1)(A) of the Federal Deposit Insurance Act. (ii) Other terms.--The terms ``simple leverage ratio'' and ``traditional banking organization'' have the meaning given those terms, respectively, under section 18(aa)(3) of the Federal Deposit Insurance Act. (b) Short Form Call Report.--Section 7(a) of the Federal Deposit Insurance Act (12 U.S.C. 1817(a)) is amended by adding at the end the following: ``(12) Short form reporting.--The appropriate Federal banking agencies shall issue regulations allowing for a reduced reporting requirement for a traditional banking organization that elects to maintain a simple leverage ratio as its sole measure of capital adequacy pursuant to section 18(aa).''. (c) On-Site Examinations.--Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C. 1820(d)) is amended-- (1) in paragraph (4)-- (A) in the paragraph heading, by inserting ``and traditional banking organizations'' after ``certain small institutions''; (B) in subparagraph (A), by inserting ``or is a traditional banking organization defined in section 18(aa)(3)'' after ``$1,000,000,000''; (C) by striking subparagraph (B) and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively; (D) in subparagraph (B) (as so redesignated), by striking ``condition'' and all that follows through ``$200,000,000'' and inserting ``condition was found to be outstanding or good''; (E) in subparagraph (C) (as so redesignated), by striking ``and'' at the end; (F) in subparagraph (D) (as so redesignated), by striking the period at the end and inserting ``; and''; and (G) by adding at the end the following new subparagraph: ``(E) the appropriate Federal banking agency believes the 18-month period is consistent with the safety and soundness of the banking organization.''; and (2) by striking paragraph (10). (d) Stress Testing.--Section 165(i)(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365(i)(2)(A)) is amended by inserting ``, unless such companies are traditional banking organizations (as defined in section 18(aa)(3) of the Federal Deposit Insurance Act)'' after ``annual stress tests''. (e) Technical Amendment.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by moving subsection (y) so as to appear above subsection (z).

Traditional Banking Regulatory Relief Act of 2015 This bill amends the Federal Deposit Insurance Act (FDIA) to prescribe capital requirements for traditional banking organizations (TBOs) at a minimum simple leverage ratio of no less than 10%. A TBO is any bank holding company, savings and loan holding company, bank, or savings association that individually (and when including its parent, subsidiaries, and affiliates) meets the following criteria: has zero trading assets and zero trading liabilities, does not engage in swaps or security-based swaps other than those referencing interest rates or foreign exchange swaps, and has a total gross notional exposure of swaps and security-based swaps of not more than $3 billion. "Simple leverage ratio" means: total equity less goodwill and deferred tax assets, divided by total assets less goodwill and deferred tax assets, as measured by generally accepted accounting principles. A TBO meeting this minimum simple leverage ratio may notify the federal banking agencies to maintain it as the sole measure of its capital adequacy. The risk-based capital requirement shall not apply to it. If the TBO fails to maintain the minimum simple leverage ratio, it shall remain exempt from the risk-based capital requirement for an 18-month grace period. The bill grants a TBO with a simple leverage ratio of 8% or more a phase-in period of 18 months after enactment of this bill within which to elect to meet the minimum simple leverage ratio as its sole measure of capital adequacy. The federal banking agencies, with respect to reports of condition, shall permit a reduced reporting requirement for a TBO electing to maintain a simple leverage ratio as its sole measure of capital adequacy. The 18-month on-site examination cycle shall apply to TBOs (and, as under current law, to insured depository institutions whose assets total less than $1 billion) if the appropriate federal banking agency believes this is consistent with the TBO's safety and soundness. The bill repeals the authority of federal banking agencies, at their discretion, to increase the maximum asset amount of insured depository institutions for certain purposes. The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended to exempt TBOs from mandatory annual stress tests.

Traditional Banking Regulatory Relief Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Purchaser Licensing Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) In 2013, more than 33,000 Americans were killed by guns and almost 90 percent of the firearms used in these deaths were handguns. (2) Recently published research by top national experts, notably on Missouri and Connecticut handgun purchaser licensing laws, have estimated that Missouri's repeal of its handgun purchaser licensing law led to a 25-percent increase in firearm homicide rates while Connecticut's adoption of its handgun purchaser licensing law led to a 40-percent decrease in firearm homicide rates. (3) In States which have had effective handgun purchaser licensing laws for decades, such as Connecticut, Massachusetts, New Jersey, and New York, the vast majority of guns traced to crimes originated in other States, which supports the need for handgun purchaser licensing laws in every State. SEC. 3. DEFINITIONS. In this Act-- (1) the terms ``Attorney General'' and ``handgun'' have the meanings given those terms in section 921(a) of title 18, United States Code; and (2) 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). SEC. 4. GRANT PROGRAM AUTHORIZED FOR HANDGUN LICENSING. (a) In General.--The Attorney General is authorized to award grants to States, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements. (b) Program Authorized.--From the amounts appropriated to carry out this Act and not later than 90 days after such amounts are appropriated, the Attorney General shall award grants, on a competitive basis, to eligible applicants whose applications are approved under subsection (c) to assist such applicants in implementing and improving handgun purchaser licensing programs. (c) Application.--To be eligible to receive a grant under this Act, a State, unit of local government, or Indian tribe shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including-- (1) a description of the law that the applicant has enacted to require a license for any purchase of a handgun including a description of any exemptions to such law; and (2) a description of how the applicant will use the grant to carry out or improve its handgun purchaser licensing program. (d) Eligibility Requirements.--To be eligible for a grant under this Act, an applicant shall have in effect handgun purchaser licensing laws that-- (1) require-- (A) an individual applying for a handgun license or permit to be at least 21 years old and be a national or lawful permanent resident of the United States; (B) an individual described in subparagraph (A) to apply for the handgun purchaser license or permit at a law enforcement agency in the State in which the individual resides; (C) an individual who is issued a handgun license or permit to reapply for the handgun purchaser license or permit after a period not longer than 5 years; (D) an individual described in subparagraph (A) to submit to a background investigation, and a criminal history check, in connection with the application, as established by the State; (E) an individual described in subparagraph (A) to submit fingerprints and photographs in connection with the application for the license or permit; and (F) an individual described in subparagraph (A) to provide-- (i) proof that the individual is legally present and lawfully resides in the United States, including a birth certificate, or valid passport; and (ii)(I) in the case of a lawful permanent resident, the alien registration number and 90- day proof of residency; or (II) in the case of a naturalized citizen, proof of citizenship; and (2) prohibit an individual who is prohibited from possessing a firearm under section 922(g) of title 18, United States Code, from receiving a license or permit. (e) Use of Funds.--A grantee under this Act shall use such grant to improve handgun purchaser licensing programs of that grantee. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act.

Handgun Purchaser Licensing Act Authorizes the Attorney General to award grants to states, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements. Directs the Attorney General to award grants, on a competitive basis, to eligible applicants whose applications are approved to assist them in implementing and improving handgun purchaser licensing programs. Directs a state, local government, or tribe, to be eligible to receive a grant, to submit to the Attorney General an application that meets specified requirements, including a description of: (1) the law that the applicant has enacted to require a license for any purchase of a handgun, including exemptions to such law; and (2) how the applicant will use the grant to carry out or improve its program. Requires an applicant, to be eligible for a grant, to have in effect handgun purchaser licensing laws that: require an applicant for a handgun license or permit to be at least 21 years old and to be a national or lawful permanent resident of the United States; require such an individual to apply for the license or permit at a law enforcement agency in the state in which he or she resides, to reapply for an issued license after a period not longer than five years, and to submit to a background investigation and a criminal history check; require such an individual to submit fingerprints and photographs in connection with the application and to provide proof that the individual is legally present and lawfully resides in the United States; and bar any individual who is prohibited from possessing a firearm under the federal criminal code from receiving a license or permit. Requires a grantee to use such grant to improve its handgun purchaser licensing programs.

Handgun Purchaser Licensing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Shooting Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (2) National monument land.--The term ``National Monument land'' has the meaning given that term in the Act of June 8, 1908 (commonly known as the ``Antiquities Act''; 16 U.S.C. 431 et seq.). (3) Recreational shooting.--The term ``recreational shooting'' includes any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow. SEC. 3. RECREATIONAL SHOOTING. (a) In General.--Subject to valid existing rights, National Monument land under the jurisdiction of the Bureau of Land Management shall be open to access and use for recreational shooting, except such closures and restrictions determined by the Director to be necessary and reasonable and supported by facts and evidence for one or more of the following: (1) Reasons of national security. (2) Reasons of public safety. (3) To comply with an applicable Federal statute. (b) Notice; Report.-- (1) Requirement.--Except as set forth in paragraph (2)(B), before a restriction or closure under subsection (a) is made effective, the Director shall-- (A) publish public notice of such closure or restriction in a newspaper of general circulation in the area where the closure or restriction will be carried out; and (B) submit to Congress a report detailing the location and extent of, and evidence justifying, such a closure or restriction. (2) Timing.--The Director shall issue the notice and report required under paragraph (1)-- (A) before the closure if practicable without risking national security or public safety; and (B) in cases where such issuance is not practicable for reasons of national security or public safety, not later than 30 days after the closure. (c) Cessation of Closure or Restriction.--A closure or restriction under paragraph (1) or (2) of subsection (a) shall cease to be effective-- (1) effective on the day after the last day of the six- month period beginning on the date on which the Director submitted the report to Congress under subsection (b)(2) regarding the closure or restriction, unless the closure or restriction has been approved by Federal law; and (2) 30 days after the date of the enactment of a Federal law disapproving the closure or restriction. (d) Management.--Consistent with subsection (a), the Director shall manage National Monument land under the jurisdiction of the Bureau of Land Management-- (1) in a manner that supports, promotes, and enhances recreational shooting opportunities; (2) to the extent authorized under State law (including regulations); and (3) in accordance with applicable Federal law (including regulations). (e) Limitation on Duplicative Closures or Restrictions.--Director may not issue a closure or restriction under subsection (a) that is substantially similar to closure or restriction previously issued that was not approved by Federal law. (f) Effective Date for Prior Closures and Restrictions.--On the date that is six months after the date of the enactment of this Act, this Act shall apply to closures and restrictions in place on the date of the enactment of this Act that relate to access and use for recreational shooting on National Monument land under the jurisdiction of the Bureau of Land Management. (g) Annual Report.--Not later than October 1 of each year, the Director shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) any National Monument land under the jurisdiction of the Bureau of Land Management that was closed to recreational shooting or on which recreational shooting was restricted at any time during the preceding year; and (2) the reason for the closure. (h) No Priority.--Nothing in this Act requires the Director to give preference to recreational shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (i) Authority of the States.-- (1) Savings.--Nothing in this Act affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water in the State, including Federal public land. (2) Federal licenses.--Nothing in this Act authorizes the Director to require a license for recreational shooting on land or water in a State, including on Federal public land in the State.

Recreational Shooting Protection Act - Requires National Monument land to be open to access and use for recreational shooting, except as limited by the Director of the Bureau of Land Management (BLM) for one or more of the following: (1) reasons of national security, (2) reasons of public safety, and (3) to comply with an applicable federal statute. Instructs the Director, before a restriction or closure becomes effective, to: (1) publish a public notice of the closure or restriction in a newspaper in the area where it will be carried out, and (2) report to Congress on the location and extent of, and evidence justifying, such closure or restriction. Requires management of BLM National Monument land in a manner that supports, promotes, and enhances recreational shooting opportunities. Prohibits the issuance of closures or restrictions on such land that are substantially similar to those that were previously issued and not approved by federal law.

To provide for certain oversight and approval on any decisions to close National Monument land under the jurisdiction of the Bureau of Land Management to recreational shooting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Before You Owe Federal Student Loan Act of 2015''. SEC. 2. REQUIRED PERIODIC DISCLOSURES DURING PERIODS WHEN LOAN PAYMENTS ARE NOT REQUIRED. Section 433 of the Higher Education Act of 1965 (20 U.S.C. 1083) is amended by adding at the end the following: ``(f) Required Periodic Disclosures During Periods When Loan Payments Are Not Required.--During any period of time when a borrower of one or more loans, made, insured, or guaranteed under this part or part D is not required to make a payment to an eligible lender on the borrower's loan from that eligible lender, such eligible lender shall provide such borrower with a statement that corresponds to each payment installment time period in which a payment would be due if payments were required to be made, and that includes, in simple and understandable terms-- ``(1) the original principal amount of each of the borrower's loans, and the original principal amount of those loans in the aggregate; ``(2) the borrower's current balance, as of the time of the statement, as applicable; ``(3) the interest rate on each loan; ``(4) the total amount the borrower has paid in interest on each loan; ``(5) the aggregate amount the borrower has paid for each loan, including the amount the borrower has paid in interest, the amount the borrower has paid in fees, and the amount the borrower has paid against the balance; ``(6) the lender's or loan servicer's address and toll-free phone number for payment and billing error purposes; ``(7) an explanation-- ``(A) that the borrower has the option to pay the interest that accrues on each loan while the borrower is a student at an institution of higher education or during a period of deferment or forbearance, if applicable; and ``(B) if the borrower does not pay such interest while attending an institution or during a period of deferment or forbearance, any accumulated interest on the loan will be capitalized when the loan goes into repayment, resulting in more interest being paid over the life of the loan; ``(8) the amount of interest that has accumulated since the last statement based on the typical installment time period and the aggregate interest accrued to date; and ``(9) a suggested payment amount equal to the interest charged since the last installment time period.''. SEC. 3. PRE-LOAN COUNSELING AND CERTIFICATION OF LOAN AMOUNT. Section 485(l) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)) is amended-- (1) in the subsection heading, by striking ``Entrance Counseling'' and inserting ``Pre-Loan Counseling''; (2) in paragraph (1)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``a disbursement to a first-time borrower of a loan'' and inserting ``the first disbursement of each new loan (or the first disbursement in each award year if more than one new loan is obtained in the same award year)''; and (B) in clause (ii)(I), by striking ``an entrance counseling'' and inserting ``a counseling''; (3) in paragraph (2)-- (A) by striking clause (i) of subparagraph (G) and inserting the following: ``(i) an estimate of the borrower's projected loan debt-to-income ratio upon graduation, calculated using-- ``(I) the best available data on starting wages for the borrower's program of study; and ``(II) the estimated total student loan debt, including Federal debt and, to the best of the institution's knowledge, private loan debt already incurred, and the estimated future debt required to complete the program of study; and''; and (B) by adding at the end the following: ``(L) A statement that the borrower should borrow the minimum amount necessary to cover expenses and that the borrower does not have to accept the full amount of loans for which the borrower is eligible. ``(M) A warning that the higher the borrower's debt-to-income ratio is, the more difficulty the borrower is likely to experience in repaying the loan. ``(N) Options for reducing borrowing through scholarships, reduced expenses, work-study, or other work opportunities. ``(O) An explanation of the importance of graduating on time to avoid additional borrowing, what course load is necessary to graduate on time, and information on how adding an additional year of study impacts total indebtedness.''; and (4) by adding at the end the following: ``(3) In addition to the other requirements of this subsection, each eligible institution shall, prior to certifying a Federal direct loan under part D for disbursement to a student (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), ensure that the student manually enter, either in writing or through electronic means, the exact dollar amount of Federal direct loan funding under part D that such student desires to borrow.''. SEC. 4. CONFORMING AMENDMENTS. (a) Program Participation Agreements.--Section 487(e)(2)(B)(ii)(IV) of the Higher Education Act of 1965 (20 U.S.C. 1094(e)(2)(B)(ii)(IV)) is amended-- (1) by striking ``Entrance and exit counseling'' and inserting ``Pre-loan and exit counseling''; and (2) by striking ``entrance and exit counseling'' and inserting ``pre-loan and exit counseling''. (b) Regulatory Relief and Improvement.--Section 487A of the Higher Education Act of 1965 (20 U.S.C. 1094a) is amended by striking ``entrance and exit interviews'' and inserting ``pre-loan and exit interviews'' each place the term appears.

Know Before You Owe Federal Student Loan Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to expand lender disclosure requirements. A lender must provide a statement to a Federal Family Education Loan or Direct Loan borrower during a period when loan payments are not required. Such statement must include the current loan balance, original principal loan amount, interest rate, total interest paid, aggregate payments, lender or servicer contact information, and accumulated interest amount. It must also explain the option to pay accrued interest before it capitalizes and suggest a payment amount based on interest charged. Additionally, the legislation modifies loan counseling requirements for an institution of higher education (IHE) that participates in federal student aid programs. Currently, an IHE must provide one-time entrance counseling to a student who is a first-time federal student loan borrower. This bill requires an IHE to provide pre-loan counseling to a student borrower of a federal student loan at or prior to the first disbursement of each new loan. It revises and expands required elements of pre-loan counseling to include a borrower's estimated debt-to-income ratio at graduation, a statement to borrow the minimum necessary amount, a warning that high debt-to-income ratio makes repayment more difficult, options to reduce borrowing, and an explanation of the importance of on-time graduation. Prior to certifying a Federal Direct Loan disbursement to a student, an IHE must ensure that such student manually enters the exact dollar amount of the loan.

Know Before You Owe Federal Student Loan Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalizing America's Commercial Entrepreneurs for Space Act'' or the ``RACE for Space Act''. SEC. 2. COMMERCIAL SPACE LAUNCH COOPERATION. (a) In General.--Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2275. Commercial space launch cooperation. ``(a) Authority.--The Secretary of Defense may, to assist the Secretary of Transportation in carrying out responsibilities set forth in titles 49 and 51 with respect to private sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure, take such actions as the Secretary considers to be in the best interest of the Federal Government to do the following: ``(1) Maximize the use of the capacity of the space transportation infrastructure of the Department of Defense by the private sector in the United States. ``(2) Maximize the effectiveness and efficiency of the space transportation infrastructure of the Department of Defense. ``(3) Reduce the cost of services provided by the Department of Defense related to space transportation infrastructure at launch support facilities and space recovery support facilities. ``(4) Encourage commercial space activities by enabling investment in the space transportation infrastructure of the Department of Defense by covered entities. ``(5) Foster cooperation between the Department of Defense and covered entities. ``(b) Authority for Contract and Other Agreement Relating to Space Transportation Infrastructure.--The Secretary of Defense-- ``(1) may enter into a contract or other agreement with a covered entity to provide to the covered entity support and services related to the space transportation infrastructure of the Department of Defense; and ``(2) upon the request of that covered entity, may include such support and services in the space launch and reentry range support requirements of the Department of Defense if-- ``(A) the Secretary determines that the inclusion of such support and services in such requirements-- ``(i) is in the best interest of the Federal Government; ``(ii) does not interfere with the requirements of the Department of Defense; and ``(iii) does not compete with the commercial space activities of other covered entities, unless that competition is in the national security interests of the United States; and ``(B) any commercial requirement included in a contract or other agreement entered into under this subsection has full non-Federal funding before the execution of the contract or other agreement. ``(c) Contributions.-- ``(1) In general.--The Secretary of Defense may enter into contracts or other agreements with covered entities on a cooperative and voluntary basis to accept contributions of funds, services, and equipment to carry out this section. ``(2) Use of contributions.--Any funds, services, or equipment accepted by the Secretary under this subsection-- ``(A) may be used only for the objectives specified in this section in accordance with terms of use set forth in the contract or other agreement entered into under this subsection; and ``(B) shall be managed by the Secretary in accordance with regulations of the Department of Defense. ``(3) Requirements with respect to agreements.--A contract or other agreement entered into under this subsection shall address the terms of use, ownership and disposition of the funds, and services or equipment contributed pursuant to the contract or other agreement. ``(d) Defense Cooperation Space Launch Account.-- ``(1) Establishment.--There is established in the Treasury of the United States a special account to be known as the `Defense Cooperation Space Launch Account'. ``(2) Crediting of funds.--Funds received by the Secretary of Defense under subsection (c) shall be credited to the Defense Cooperation Space Launch Account and shall be available until expended without further authorization or appropriation only for the objectives specified in this section. ``(e) Annual Report.--Not later than January 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the funds and equipment accepted and used by the Secretary under this section during the previous fiscal year. ``(f) Definitions.--In this section: ``(1) Covered entity.--The term `covered entity' means a non-Federal entity that-- ``(A) is organized under the laws of the United States or of any jurisdiction within the United States; and ``(B) is engaged in commercial space activities. ``(2) Launch support facilities.--The term `launch support facilities' has the meaning given that term in section 50501(7) of title 51. ``(3) Space recovery support facilities.--The term `space recovery support facilities' has the meaning given that term in section 50501(11) of title 51. ``(4) Space transportation infrastructure.--The term `space transportation infrastructure' has the meaning given that term in section 50501(12) of title 51.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2275. Commercial space launch cooperation.''. (c) Regulations.--The Secretary of Defense shall prescribe regulations relating to the activities of the Department of Defense under section 2275 of title 10, United States Code, as added by subsection (a).

Revitalizing America's Commercial Entrepreneurs for Space Act or RACE for Space Act - Authorizes the Secretary of Defense, in order to assist the Secretary of Transportation (DOT) with respect to private-sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure (STI), to: (1) maximize the use of Department of Defense (DOD) STI by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities. Establishes the Defense Cooperation Space Launch Account for such purposes. Requires an annual report from the Secretary to the congressional defense and appropriations committees on funds and equipment accepted and used for such purposes.

To direct the Secretary of Defense to work with non-Federal entities and accept non-Federal funding under strict implementation guidelines to promote efficiencies of the space transportation infrastructure of the Department of Defense in commercial space activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wool Suit Fabric Labeling Fairness and International Standards Conforming Act''. SEC. 2. LABELING OF WOOL AND CASHMERE PRODUCTS TO FACILITATE COMPLIANCE AND PROTECT CONSUMERS. (a) In General.--Section 4(a) of the Wool Products Labeling Act of 1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following new paragraphs: ``(5)(A) In the case of a wool product stamped, tagged, labeled, or otherwise identified as-- ``(i) `Super 80's' or `80's', if the average diameter of wool fiber of such wool product does not average 19.75 microns or finer; ``(ii) `Super 90's' or `90's', if the average diameter of wool fiber of such wool product does not average 19.25 microns or finer; ``(iii) `Super 100's' or `100's', if the average diameter of wool fiber of such wool product does not average 18.75 microns or finer; ``(iv) `Super 110's' or `110's', if the average diameter of wool fiber of such wool product does not average 18.25 microns or finer; ``(v) `Super 120's' or `120's', if the average diameter of wool fiber of such wool product does not average 17.75 microns or finer; ``(vi) `Super 130's' or `130's', if the average diameter of wool fiber of such wool product does not average 17.25 microns or finer; ``(vii) `Super 140's' or `140's', if the average diameter of wool fiber of such wool product does not average 16.75 microns or finer; ``(viii) `Super 150's' or `150's', if the average diameter of wool fiber of such wool product does not average 16.25 microns or finer; ``(ix) `Super 160's' or `160's', if the average diameter of wool fiber of such wool product does not average 15.75 microns or finer; ``(x) `Super 170's' or `170's', if the average diameter of wool fiber of such wool product does not average 15.25 microns or finer; ``(xi) `Super 180's' or `180's', if the average diameter of wool fiber of such wool product does not average 14.75 microns or finer; ``(xii) `Super 190's' or `190's', if the average diameter of wool fiber of such wool product does not average 14.25 microns or finer; ``(xiii) `Super 200's' or `200's', if the average diameter of wool fiber of such wool product does not average 13.75 microns or finer; ``(xiv) `Super 210's' or `210's', if the average diameter of wool fiber of such wool product does not average 13.25 microns or finer; ``(xv) `Super 220's' or `220's', if the average diameter of wool fiber of such wool product does not average 12.75 microns or finer; ``(xvi) `Super 230's' or `230's', if the average diameter of wool fiber of such wool product does not average 12.25 microns or finer; ``(xvii) `Super 240's' or `240's', if the average diameter of wool fiber of such wool product does not average 11.75 microns or finer; and ``(xviii) `Super 250's' or `250's', if the average diameter of wool fiber of such wool product does not average 11.25 microns or finer. ``(B) In each case described in subparagraph (A), the average fiber diameter of the wool product may be subject to such other standards or deviations as adopted by regulation by the Commission. ``(6)(A) In the case of a wool product stamped, tagged, labeled, or otherwise identified as cashmere, if-- ``(i) such wool product is not the fine (dehaired) undercoat fibers produced by a cashmere goat (capra hircus laniger); ``(ii) the average diameter of the fiber of such wool product exceeds 19 microns; or ``(iii) such wool product contains more than 3 percent (by weight) of cashmere fibers with average diameters that exceed 30 microns. ``(B) The average fiber diameter for each product described in subparagraph (A) may be subject to a coefficient of variation around the mean that does not exceed 24 percent.''. (b) Applicability Date.--The amendments made by this section apply to wool products manufactured on or after January 1, 2007.

Wool Suit Fabric Labeling Fairness and International Standards Conforming Act - Amends the Wool Products Labeling Act of 1939 to declare that specified wool products, including cashmere, are misbranded if their average diameter of wool fiber does not meet certain standards of fineness. Authorizes the Federal Trade Commission to adopt additional standards or deviations.

A bill to amend the Wool Products Labeling Act of 1939 to revise the requirements for labeling of certain wool and cashmere products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Savers Relief Act of 2003''. SEC. 2. EXCLUSION OF INTEREST RECEIVED BY INDIVIDUALS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include interest received during the taxable year by an individual. ``(b) Limitation.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $100 ($200 in the case of a joint return). ``(c) Interest.--For purposes of this section, the term `interest' means-- ``(1) interest on deposits with a bank (as defined in section 581), ``(2) amounts (whether or not designated as interest) paid in respect of deposits, investment certificates, or withdrawable or repurchasable shares, by-- ``(A) a mutual savings bank, cooperative bank, domestic building and loan association, industrial loan association or bank, or credit union, or ``(B) any other savings or thrift institution which is chartered and supervised under Federal or State law, the deposits or accounts in which are insured under Federal or State law or which are protected and guaranteed under State law, ``(3) interest on-- ``(A) evidences of indebtedness (including bonds, debentures, notes, and certificates) issued by a domestic corporation in registered form, and ``(B) to the extent provided in regulations prescribed by the Secretary, other evidences of indebtedness issued by a domestic corporation of a type offered by corporations to the public, ``(4) interest on obligations of the United States, a State, or a political subdivision of a State (not excluded from gross income of the taxpayer under any other provision of law), and ``(5) interest attributable to participation shares in a trust established and maintained by a corporation established pursuant to Federal law. ``(d) Special Rules.--For purposes of this section-- ``(1) Distributions from regulated investment companies and real estate investment trusts.--Subsection (a) shall apply with respect to distributions by-- ``(A) regulated investment companies to the extent provided in section 854(c), and ``(B) real estate investment trusts to the extent provided in section 857(c). ``(2) Distributions by a trust.--For purposes of subsection (a), the amount of interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the interest was received by the estate or trust. ``(3) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b).'' (b) Clerical and Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Exclusion of interest received by individuals who have attained age 65.'' (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end thereof the following: ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new sentence: ``The proportionate share of each participant in the amount of interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (4) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Interest.--There shall be included the amount of any interest excluded from gross income pursuant to section 116.'' (5) Section 854 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(A) the entire amount of such dividend shall be treated as interest if the aggregate interest received by such company during the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, a portion of such dividend shall be treated as interest based on the portion of the company's gross income which consists of aggregate interest. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year. ``(3) Definitions.--For purposes of this subsection-- ``(A) The term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(B) The term `aggregate interest received' includes only interest described in section 116(c).'' (6) Subsection (c) of section 857 of such Code is amended to read as follows: ``(c) Limitations Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Denial of dividends received deduction.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment as interest.--For purposes of section 116, in the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend-- ``(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(3) Adjustments to gross income and aggregate interest received.--For purposes of paragraph (2)-- ``(A) gross income does not include the net capital gain, ``(B) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(C) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(4) Aggregate interest received.--The term `aggregate interest received' includes only interest described in section 116(b). ``(5) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 2002. SEC. 3. INCREASE IN MINIMUM AMOUNT OF INTEREST REQUIRED TO BE REPORTED. (a) In General.--Subsection (a) of section 6049 of the Internal Revenue Code of 1986 (relating to requirements for reporting) is amended by striking ``$10'' each place it appears and inserting ``$100''. (b) Conforming Amendment.--Section 6049(d)(5)(C) of such Code is amended-- (1) in the text by striking ``$10'' and inserting ``$100'', and (2) in the heading by striking ``$10'' and inserting ``$100''. (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 2002.

Small Savers Relief Act of 2003 - Amends the Internal Revenue Code to exclude up to $100 ($200 for joint filers) of interest earned by individuals from gross income.Provides special rules for: (1) distributions from trusts, regulated investment companies, and real estate investment trusts; and (2) nonresident alien eligibility for such exclusion.Increases the threshold for reporting interest paid from $10 to $100.

To amend the Internal Revenue Code of 1986 to exclude $100 of interest from gross income and to raise the threshhold for reporting interest paid to $100.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Breakfast and Education Improvement Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) approximately 60 percent of students in the United States are eligible to receive free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (2) in fiscal year 2006, 7,700,000 students in the United States consumed free or reduced-price school breakfasts provided under the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); (3) as of the date of enactment of this Act, approximately 83 percent of all public schools in the United States provide 9,500,000 school breakfasts each year under the program established by section 4 of that Act (42 U.S.C. 1773) to at least 130,000 students; (4) less than \1/2\ of the low-income students who participate in the school lunch program also participate in the school breakfast program; (5) many students who are eligible for reduced-price breakfasts and lunches can afford only 1 of those meals per day; (6) almost 17,000 schools that participate in the school lunch program do not participate in the school breakfast program; (7) as of January 1, 2005, over 13,000,000 children, or 18.5 percent of all children, in the United States were living in poverty and 11 percent of the households in the United States were food insecure; (8) missing breakfast and the resulting hunger has been shown to lower the ability of children to learn and hinder academic performance; (9) Provision 2 as established under subsections (b) through (k) of section 245.9 of title 7, Code of Federal Regulations (or successor regulations), reduces application and administrative burdens for schools that provide universal free meals; (10) schools electing to implement school breakfast programs face significant hurdles, such as start-up costs and lack of participation, that require various additional resources for the best solution; (11) school districts that are participating in the Provision 2 option described in paragraph (9) have found that the school districts can often provide universal free breakfast in schools with as little as 60 to 75 percent of students who are eligible for free and reduced-price school meals due to the savings realized from reduced administrative costs and improved economies of scale; (12) studies suggest that eating breakfast closer to class and test-taking time improves student performance on standardized tests relative to students who skip breakfast or have breakfast at home; (13) studies show that children experiencing hunger are more likely to be hyperactive, absent, tardy, or have behavioral or attention problems; (14) students who eat a complete breakfast have been shown to make fewer mistakes and work faster in math exercises than those who eat a partial breakfast; (15) eating school breakfast has been shown to improve math grades, attendance, and punctuality; (16) providing breakfast in the classroom has been shown in several instances to improve attentiveness and academic performance, while reducing tardiness and disciplinary referrals; (17) providing universal free breakfast, especially in the classroom, has been shown to significantly increase school breakfast participation rates and decrease absences and tardiness; (18) studies suggest that children who eat breakfast have more adequate nutrition and intake of nutrients, such as calcium, fiber, protein, and vitamins A, E, D, and B6; (19) studies suggest that some students who participate in the school breakfast program or other nutrition programs have a lower body mass index and risk of being overweight; (20) local produce (as compared to transported produce)-- (A) is often harvested closer to full ripeness; (B) can have higher nutritional quality; (C) can have improved ripeness, taste, or selection, which can increase rates of consumption of fruits and vegetables; and (D) is more efficient to store, distribute, and package; and (21) use of local produce-- (A) reduces dependence on foreign oil by reducing fuel consumption rates associated with the production or transportation of fruits and vegetables; and (B) can help to improve the ability of individuals using the procurement system to provide education on nutrition, farming, sustainability, energy efficiency, and the importance of local purchases to the local economy. (b) Purpose.--The purpose of this Act is to improve student learning and the classroom environment through expanded and improved school breakfast programs, particularly universal programs provided during the school day. SEC. 3. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE HEALTH AND EDUCATION OF CHILDREN. Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart V--Grants for Expansion of School Breakfast Programs to Improve Health and Education of Children ``SEC. 5621. GRANTS FOR EXPANSION OF SCHOOL BREAKFAST PROGRAMS TO IMPROVE HEALTH AND EDUCATION OF CHILDREN. ``(a) Definition of Qualifying School.--In this section the term `qualifying school' means a school providing elementary or secondary education (kindergarten through grade 12) at least 65 percent of the students of which are eligible for free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(b) Establishment.--The Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to local education agencies or State departments of education for use in accordance with this section. ``(c) Coordination.--The Secretary shall consult and coordinate, as appropriate, with the Secretary of Agriculture with respect to grant elements, application review criteria, and analyses of grant impacts that relate to or overlap with Department of Agriculture activities or expertise, such as nutrition and school meal program rules. ``(d) Grants to Local Education Agencies or State Departments of Education.--The amount of grants provided by the Secretary to local education agencies or State departments of education for a fiscal year under this section shall not exceed the lesser of-- ``(1) the product obtained by multiplying-- ``(A) the number of qualifying schools receiving subgrants or other benefits under subsection (e) for the fiscal year; and ``(B) the maximum amount of a subgrant provided to a qualifying school under subsection (e)(3)(B); or ``(2) $2,000,000. ``(e) Subgrants to Qualifying Schools.-- ``(1) In general.--A local education agency or State department of education receiving a grant under this section shall use funds made available under the grant to award subgrants to individual or groups of qualifying schools to carry out activities in accordance with this section. ``(2) State and district support.--A local education agency or State department of education may allocate a portion of each subgrant to support State or local education agency activities in support of qualified schools for which it is more efficient or appropriate to support the activities in a centralized manner. ``(3) Amount; term.-- ``(A) In general.--Except as otherwise provided in this paragraph, a subgrant provided by a local education agency or State department of education to a qualifying school under this section shall be in such amount, and shall be provided for such term, as the local education agency or State department of education, respectively, determines appropriate. ``(B) Maximum amount.--The amount of a subgrant provided by a local education agency or State department of education to a qualifying school under this subsection shall not exceed-- ``(i) $50,000 for a single fiscal year; or ``(ii) $100,000 for all fiscal years. ``(C) Maximum grant term.--A local education agency or State department of education shall not provide subgrants to a qualifying school under this subsection for more than 5 fiscal years. ``(f) Preference.--In providing grants and subgrants under this section, the Secretary, a local education agency, and a State department of education shall give priority to qualifying schools-- ``(1) in which 75 percent or more of the students of which are eligible for free or reduced-price school lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and ``(2) that demonstrate-- ``(A) an intent to use the grants or subgrants to establish or support connections between the qualifying schools and local agricultural producers and food providers; ``(B) that the qualifying schools have established, or intend to establish, a universal free breakfast program; or ``(C) that the qualifying schools have considered, or intend to establish, service methods that make breakfast a part of the school day. ``(g) Application.-- ``(1) In general.--To be eligible to receive a grant under this section, a local education agency or State department of education shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Administration.--In carrying out this section, the Secretary shall-- ``(A) develop an appropriate application process; and ``(B) advertise the availability of funds under this section to qualified schools, local education agencies, and State departments of education. ``(h) Use of Funds.-- ``(1) In general.--A qualifying school may use a grant provided under this section-- ``(A) to establish, promote, or expand a school breakfast program of the qualifying school under this section, which shall include a nutritional education component; ``(B) to increase the quantity of local or fresh food available under the school breakfast program of the qualifying school under this section; ``(C) to provide nutritional education materials to students; ``(D) to extend the period during which school breakfast is available at the qualifying school; ``(E) to provide school breakfast to students of the qualifying school during the school day; ``(F) to increase participation in the school breakfast program, including through a universal free breakfast program; ``(G) to compensate for receipts no longer collected from reduced and paid breakfasts when operating a universal free breakfast program; ``(H) to provide to students first-hand knowledge of food systems, including through-- ``(i) occasional activities, such as inviting agricultural producers to speak at the qualifying school or offering student field trips to local agricultural projects; or ``(ii) integrating food system information into the curriculum (including mathematics and science classes) of the qualifying school; or ``(I) to collaborate with local colleges, universities, or other research entities (including hunger advocacy entities)-- ``(i) to compile data and reports relating to the school breakfast program of the qualifying school; and ``(ii) to submit the data and reports to the Secretary. ``(2) Requirement.--Each activity of a qualifying school under this subsection shall be carried out in accordance with applicable nutritional guidelines and regulations issued by the Secretary of Agriculture. ``(i) Maintenance of Effort.--Grants made available under this subsection shall not diminish or otherwise affect the expenditure of funds from State and local sources for the maintenance of the school breakfast program. ``(j) Reports.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Agriculture, local education agencies, State departments of education, and qualifying schools that receive grants and subgrants under this section, shall submit to Congress an annual report describing the impact of the school breakfast programs of the qualifying schools on and classroom performance and environment. ``(2) Data collection.--The Secretary shall provide guidance and minimum standards for data collection to grant recipients and any collaborating local colleges, universities, or research entities as necessary to ensure that annual reports under this section are able to provide an adequate qualitative and quantitative evaluation of the grant impacts. ``(k) Evaluation.--Not later than 180 days before the end of a grant term under this section, a local education agency or State department of education that receives a grant under this section shall-- ``(1) evaluate whether electing to provide universal free breakfasts under the school breakfast program in accordance with Provision 2 as established under subsections (b) through (k) of section 245.9 of title 7, Code of Federal Regulations (or successor regulations), would be cost-effective for the qualified schools based on estimated administrative savings and economies of scale; and ``(2) submit the results of the evaluation to the Secretary. ``(l) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2012.''.

Student Breakfast and Education Improvement Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to award competitive grants to states or local educational agencies (LEAs) for the establishment or enhancement of school breakfast programs at, and through the provision of subgrants to, schools where at least 65% of the students are eligible for free or reduced-price school lunches under the school lunch program. Authorizes schools to use the school breakfast subgrants to: (1) increase the quantity of local or fresh food available under their programs; (2) provide nutrition education and first-hand knowledge of food systems to students; (3) extend the period during which breakfast is available, including during the school day; (4) increase participation in their breakfast programs, including through the provision of universal free breakfasts; or (5) collaborate with institutions of higher education or other research entities in compiling data and reports on their breakfast programs. Gives priority to subgrant applicant schools at least 75% of whose students are eligible for free or reduced-price school lunches and which intend to use the funds to procure local produce, provide universal free breakfasts, or provide breakfast during the school day. Directs state and LEA grantees, at least 180 days before the end of a grant term, to evaluate whether it would be cost-effective for subgrantee schools to provide universal free breakfasts under the school breakfast program.

To amend the Elementary and Secondary Education Act to establish a program to improve the health and education of children through grants to expand school breakfast programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educating to Prevent Eating Disorders Act of 2015''. SEC. 2. PILOT PROGRAM TO TEST IMPACT OF EARLY INTERVENTION ON EATING DISORDERS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399V-6. PILOT PROGRAM TO TEST IMPACT OF EARLY INTERVENTION ON EATING DISORDERS. ``(a) In General.--The Secretary, through the Director of the Agency for Healthcare Research and Quality, may establish a pilot program, for a period of three consecutive school years, to test the impact of providing students in eligible schools with interventions to prevent, identify, intervene, and manage eating disorders. ``(b) Grants.-- ``(1) In general.--Under such pilot program, the Secretary shall award grants to eligible schools. Each such grant shall be for the period of the pilot program. ``(2) Uses.--Each eligible school receiving a grant under the pilot program shall use such grant to-- ``(A) develop best practices, in accordance, as appropriate, with input from research experts in the eating disorders field, for eligible health care providers to assess and recognize students with eating disorders and to respond appropriately; ``(B) hire an eligible health care provider to-- ``(i) in accordance with the best practices developed pursuant to subparagraph (A), assess and recognize whether students in grades 6 through 8 attending such school have eating disorders and respond appropriately to individuals with eating disorders among students attending such school, including by providing counsel and by referral; ``(ii) provide educational information and seminars, developed in partnership with research experts in the field of eating disorders, to teachers at such school and parents of students attending such school to assist such teachers and parents in recognizing the symptoms of eating disorders and understanding how to seek help and intervention; and ``(iii) otherwise serve as a full-time health care provider for such school. ``(c) Eligible School.--For purposes of this section, the term `eligible school' means a public or private school that-- ``(1) serves students in grades 6 through 8; ``(2) submits to the Secretary, through the Director of the Agency for Healthcare Research and Quality, an application to participate in the pilot program, containing such information as specified by the Secretary, through the Director; ``(3) is assessed as having a need for a school nurse trained in assessing students to recognize and respond to eating disorders; and ``(4) is selected by the Secretary, through the Director of the Agency for Healthcare Research and Quality, in a manner such that schools are selected in each of the regions served by a regional office of the Department of Health and Human Services. ``(d) Eligible Health Care Provider.--For purposes of this section, the term `eligible health care provider' means a health care provider, including a guidance counselor, who received a degree or training within a field of health, including mental health or counseling. ``(e) Reports.-- ``(1) In general.--Not later than 6 months after the last day of the pilot program, each eligible school participating in the pilot program shall submit to the Secretary of Health and Human Services a report evaluating the process and the outcomes of the pilot program, with respect to such school, during the period of the program. Each such report, with respect to an eligible school, shall include at least the following: ``(A) The number of students assessed under the pilot program at such school, presented by age, sex, and ethnicity. ``(B) The number of students identified under the pilot program at such school during such program as potentially in need of referral and counseling, the number of such students that participated in counseling and follow-up referrals, and the number of such students who showed improvement based on follow up assessments. ``(C) The number of educational seminars described in subsection (b)(2)(B) provided under the pilot program at such school, presented by categories of parents and teachers. ``(D) The number of parents and teachers that indicated they needed more information or assistance in responding to a potential problem relating to eating disorders. ``(E) An evaluation of best practices which worked best for the student population of the eligible school. ``(2) Posting on ahrq website.--Not later than 12 months after the last day of the pilot program, the Secretary shall post on the public Internet website of the Agency for Healthcare Research and Quality aggregate information on the pilot program described in subparagraphs (A) through (D) of paragraph (1) based on the information submitted under such paragraph. ``(f) No Additional Authorization of Appropriations.--Amounts otherwise made available to the Centers for Disease Control and Prevention for purposes of surveillance activities shall be made available to carry out this section. No amounts other than those made available pursuant to the previous sentence are authorized for appropriation to carry out this section.''.

Educating to Prevent Eating Disorders Act of 2015 This bill amends the Public Health Service Act to permit the Agency for Healthcare Research and Quality to establish a pilot program to provide students with interventions for eating disorders. Under this pilot program, grants must be awarded to schools that serve students in grades 6-8 and need a nurse trained in recognizing and responding to eating disorders. Schools must use these grants to develop best practices for health care providers to assess, recognize, and respond to students with eating disorders and to hire a health care provider to: (1) follow these best practices, (2) provide information and seminars on eating disorders to teachers and parents, and (3) otherwise serve as a full time health care provider for the school.

Educating to Prevent Eating Disorders Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supportive School Climate Act of 2015''. SEC. 2. POSITIVE SCHOOL CLIMATE AND SCHOOL DISCIPLINE POLICIES. (a) State Plans.--Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Positive school climate and school discipline policies.--In addition to the plan described in paragraph (1), a State desiring to receive a grant under this part to support positive behavioral interventions and support, shall submit to the Secretary a plan that describes how the State educational agency will-- ``(A) coordinate with the local educational agencies and schools served by the State educational agency to implement positive, preventative approaches to exclusionary discipline actions that promote a positive school climate for all students and improve engagement for disconnected youth, juvenile offenders, and other students, while minimizing students' removal from instruction and, if students are removed, upon students' return to the instructional program, maximizing students' opportunities to make up education lost during the period of removal from instruction; ``(B) provide technical assistance and training to local educational agencies to improve and support the development, implementation, and coordination of comprehensive positive behavioral interventions and supports carried out under this Act with activities carried out under the Individuals with Disabilities Education Act; ``(C) evaluate the effects of providing positive behavioral interventions and supports for all students, including improvement of the learning environment, academic achievement, disciplinary problems, such as incidents of suspensions, expulsions, referrals to law enforcement, and other actions that remove students from instruction, and any other effects the State chooses to evaluate; ``(D) ensure all students are on track to be college and career ready by promoting student engagement, and preventing dropout; ``(E) ensure involvement of students in the criminal or juvenile justice system is avoided when addressing minor misbehavior such as non-threatening, non-violent, and non-criminal misbehavior; ``(F) through preventative and alternative approaches, reduce out-of-school suspensions, in-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and exclusionary discipline practices that remove students from instruction and, upon students' return to the educational program, maximize students' opportunities to make up education lost during the period of removal from instruction; ``(G) in coordination with the State department of corrections or a similar agency, ensure re-entering juvenile offenders receive referrals to a local educational agency and provide that, for any juvenile who commits an offense subject to school expulsion and is subsequently committed to a detention center, secure facility, or any other residential placement within the juvenile or adult criminal justice system for such offense, the period of expulsion shall run concurrently with the period of commitment to the detention center, secure facility, or other residential placement; ``(H) ensure that school discipline policies are in compliance with applicable civil rights laws, are procedurally fair, and practices are applied equally to all students regardless of their economic status, English learner status, race, ethnicity, national origin, religion, or sex, including gender identity, and ensure that school discipline policies meet the requirements of section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act of 1990, the Individuals with Disabilities Education Act, and implementing regulations of such section, title, and Act, and that the disciplinary policies and practices are applied in a manner that complies with the equal opportunity requirements of section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act of 1990, the Individuals with Disabilities Education Act, and implementing regulations of such section, title, and Act; and ``(I) in coordination with local educational agencies and schools, provide annual and public reporting on, in the aggregate, in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, school-based arrests, and disciplinary transfers (including placements in alternative schools) in the State (disaggregated by each category of students described in subsection (b)(2)(C)(v), except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student).''; and (2) in subsection (h)(6)(B)-- (A) in clause (i), by striking ``and'' after the semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the number of incidences of school violence, bullying, drug abuse, alcohol abuse, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions, disaggregated by each category of students described in subsection (b)(2)(C)(v) for each such type of incident.''. (b) Local Educational Agency Plans.--Section 1112(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) is amended-- (1) in subparagraph (P), by striking ``and'' after the semicolon; (2) in subparagraph (Q), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(R) where appropriate, a description of how the local educational agency will support positive behavior interventions and supports by-- ``(i) establishing parental notification requirements for out-of-school suspensions, in- school suspensions, expulsions, school-based arrests, referrals to law enforcement, and exclusionary discipline practices that remove students from instruction, in accordance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the `Family Educational Rights and Privacy Act of 1974'); ``(ii) establishing systems to engage families and community members with the school in meaningful and sustained ways, such as through case management services and mentoring to promote positive student academic achievement, developmental, and social emotional growth, including non-cognitive skill development; and ``(iii) establishing best practices for a school conduct and discipline code, that-- ``(I) protects students and staff from harm; ``(II) provides constructive opportunities for students to learn from their mistakes rather than exclude them from the learning community; ``(III) fosters a positive learning community by providing a continuum of interventions, supports, and strategies within a tiered prevention framework; ``(IV) keeps students in school; and ``(V) shows mindful consideration of negative impacts that may have occurred as a result of involvement with the criminal justice system.''. (c) Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or at Risk of Dropping Out.--Part D of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421 et seq.) is amended-- (1) in section 1414-- (A) in subsection (a)(2)-- (i) in subparagraph (B), by striking ``and'' after the semicolon; (ii) in subparagraph (C)(iv), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) provide assurances that the State educational agency has established-- ``(i) procedures to ensure that each student who has been placed in the juvenile justice system is promptly re-enrolled in secondary school or placed in a re-entry program that best meets the education and social needs of the student; ``(ii) procedures for facilitating the transfer of credits that such student earned during placement; and ``(iii) opportunities for such student to participate in postsecondary and career pathways.''; and (B) in subsection (c)(9)-- (i) by striking ``encourage'' and inserting ``require, to the extent practicable,''; (ii) by inserting ``and following'' after ``youth prior to''; and (iii) by inserting ``and that transition plans are in place'' before the semicolon at the end; (2) in section 1416(4), by inserting ``and the development and implementation of transition plans'' before the semicolon at the end; (3) in section 1423-- (A) by striking paragraph (4) and inserting the following: ``(4) a description of the activities that the local educational agency will carry out to facilitate the successful transition of children and youth in locally operated institutions for neglected and delinquent children and other correctional institutions into schools served by the local education agency or, as appropriate, into career and technical education and postsecondary education programs, including support services to help ensure the success of those children and youth after leaving an institution, such as-- ``(A) personal, career, and academic counseling; ``(B) placement services designed to place those youth in a university, college, or community college program, including academic evaluations; ``(C) information concerning, and assistance in obtaining, available student financial aid; and ``(D) job placement services;''; and (B) by striking paragraph (10) and inserting the following: ``(10) as appropriate, a description of how the local educational agency will address the needs of children and youth who return from institutions for neglected and delinquent children and youth or from other correctional institutions and attend regular or alternative schools;''; (4) in section 1425-- (A) in paragraph (10), by striking ``and'' after the semicolon; (B) in paragraph (11), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(12) develop an initial educational services transition plan for each child or youth served under this subpart upon entry into the correctional facility, in partnership with the child's or youth's family members and the local educational agency that most recently provided services to the child or youth (if applicable), consistent with section 1414(a)(1); and ``(13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child's or youth's achievement.''; and (5) by striking section 1426 and inserting the following: ``SEC. 1426. ACCOUNTABILITY. ``The State educational agency-- ``(1) shall require correctional facilities or institutions for neglected or delinquent children and youth to annually report on the number of children and youth released from the correctional facility or institution who returned or did not return to school, the number of children and youth obtaining a high school diploma or its recognized equivalent, and the number of children and youth obtaining employment; and ``(2) may require correctional facilities or institutions for neglected and delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an increase in the number of children and youth returning to school, obtaining a high school diploma or its recognized equivalent, or obtaining employment after such children and youth are released.''. (d) National Program for Technical Assistance.--Section 4121 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131) is amended by adding at the end the following: ``(c) National Program for Technical Assistance.--From funds made available to carry out this subpart, not more than 5 percent shall be made available to the Secretary to provide technical assistance to State chief executive officers, State agencies, local educational agencies and other recipients of funding under this part to support these entities in achieving the goals and outcomes described in this part. Such activities for technical assistance may include developing comprehensive, evidence-based professional development and training program for relevant school staff and contractors to improve school safety and climate for students and staff that may include-- ``(1) implementation of a schoolwide, multi-tiered system of behavioral support, with a continuum of interventions and supports to address the needs of all students; ``(2) effective classroom management strategies that recognize appropriate behavior and provide developmentally appropriate conflict resolution practices, incident de- escalation techniques and data-based decisionmaking; ``(3) crisis management techniques; ``(4) effective strategies for asserting authority with adolescents that recognize age-appropriate behavior and provide developmentally-appropriate responses; ``(5) training in prevention of racial bias and culturally responsive pedagogy, and training on how a student's disability can affect the student's behavior, in accordance with title II, the Individuals with Disabilities Education Act, and section 504 of the Rehabilitation Act of 1973; ``(6) trauma-informed approaches and interventions, with particular attention to recognizing the signs of trauma ; ``(7) for schools in need of improvement with high or significantly disparate disciplinary rates based on race, ethnicity, sex (including gender identity), disability, providing technical assistance and support to identify the root causes of such rates or disparities through diagnostic analysis of data or assessing schoolwide discipline issues, and implementing evidence-based practices to reduce such rates or disparities; ``(8) developing, implementing, and evaluating comprehensive programs and activities, in coordination with other schools and community-based services and programs, rooted in holistic and positive approaches, that encompasses a `strategy or framework' based on positive discipline strategies that limit the use and scope of exclusionary discipline strategies; and ``(9) developing guidelines regarding the use of law enforcement in a school setting, and, in particular, distinguishing between incidents to be handled by educators and those to be handled by law enforcement officers.''.

Supportive School Climate Act of 2015 Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require each state that wants to use a part A grant to provide students with positive behavioral interventions and support to submit a plan to the Secretary of Education that describes specified steps it will take to: (1) create a positive school climate for all students, (2) improve engagement for disconnected youths, (3) create disciplinary policies that are fair and work to keep students in school, and (4) enable those who are removed from school to resume their education upon returning to school. Requires each school receiving school improvement funds to provide parents with the number of incidents, disaggregated by specified student subgroups, of school violence, bullying, drug abuse, alcohol abuse, and certain disciplinary actions involving its students. Requires the school improvement plan of each local educational agency (LEA) to describe how the LEA will support positive behavior interventions and supports by: (1) establishing parental notification requirements for specified disciplinary actions that remove students from instruction, (2) establishing systems to engage families and community members with the school in meaningful and sustained ways, and (3) establishing best practices for a school conduct and discipline code that: protects students and staff from harm; provides students with constructive opportunities to learn from their mistakes without being excluded from school; fosters a positive learning community by providing a continuum of interventions, supports, and strategies within a tiered prevention framework; keeps students in school; and shows mindful consideration of the negative impacts that may result from a student's involvement with the criminal justice system. Amends part D (Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk) of title I of the ESEA to require states applying for part D grants to establish: procedures to ensure that students who have been placed in the juvenile justice system are promptly re-enrolled in secondary school or placed in the re-entry programs that best meet their educational and social needs, procedures to facilitate the transfer of the credits that such students earn during placement, and opportunities for such students to participate in postsecondary and career pathways. Requires LEAs receiving part D subgrants to describe the activities they will undertake to facilitate the transition of youths from the juvenile justice system into their schools or, as appropriate, into postsecondary and career and technical education programs. Requires correctional facilities receiving part D funds to: (1) develop an initial educational services transition plan for entering youths, and (2) consult with LEAs upon a youth's discharge to coordinate educational services so as to minimize disruption to the youth's achievement. Requires the Secretary, under part A (Safe and Drug-Free Schools and Communities) of title IV of the ESEA, to provide to states, LEAs, and other recipients of part A funding technical assistance for activities that may include developing comprehensive, evidence-based professional development and training programs for relevant school staff and contractors to improve school safety and climate for students and staff.

Supportive School Climate Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institutions Disaster Relief Act of 1993''. SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT. (a) Truth in Lending Act.--During the 180-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Truth in Lending Act for transactions within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1993 flooding of the Mississippi River and its tributaries, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (b) Expedited Funds Availability Act.--During the 180-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Expedited Funds Availability Act for depository institution offices located within any area referred to in subsection (a) of this section if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (c) Time Limit on Exceptions.--Any exception made under this section shall expire not later than the earlier of-- (1) 1 year after the date of enactment of this Act; or (2) 1 year after the date of any determination referred to in subsection (a). (d) Publication Required.--The Board of Governors of the Federal Reserve System shall publish in the Federal Register a statement that-- (1) describes any exception made under this section; and (2) explains how the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects. SEC. 3. DEPOSIT OF INSURANCE PROCEEDS. (a) In General.--The appropriate Federal banking agency may, by order, permit an insured depository institution, during the 18-month period beginning on the date of enactment of this Act, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under section 38 of the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency determines that-- (1) the institution-- (A) had its principal place of business within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1993 flooding of the Mississippi River and its tributaries, on the day before the date of any such determination; (B) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (C) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) before the major disaster; and (D) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act. (b) Definitions.--For purposes of this section: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) Leverage limit.--The term ``leverage limit'' has the same meaning as in section 38 of the Federal Deposit Insurance Act. (4) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of any determination referred to in subsection (a)(1)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster. SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS. (a) In General.--During the 180-day period beginning on the date of enactment of this Act, a qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1993 flooding of the Mississippi River and its tributaries, if the agency determines that the action would facilitate recovery from the major disaster: (1) Procedure.--Exercising the agency's authority under provisions of law other than this section without complying with-- (A) any requirement of section 553 of title 5, United States Code; or (B) any provision of law that requires notice or opportunity for hearing or sets maximum or minimum time limits with respect to agency action. (2) Publication requirements.--Making exceptions, with respect to institutions or other entities for which the agency is the primary Federal regulator, to-- (A) any publication requirement with respect to establishing branches or other deposit-taking facilities; or (B) any similar publication requirement. (b) Publication Required.--A qualifying regulatory agency shall publish in the Federal Register a statement that-- (1) describes any action taken under this section; and (2) explains the need for the action. (c) Qualifying Regulatory Agency Defined.--For purposes of this section, the term ``qualifying regulatory agency'' means-- (1) the Board of Governors of the Federal Reserve System; (2) the Comptroller of the Currency; (3) the Director of the Office of Thrift Supervision; (4) the Federal Deposit Insurance Corporation; (5) the Financial Institutions Examination Council; (6) the National Credit Union Administration; and (7) with respect to chapter 53 of title 31, United States Code, the Secretary of the Treasury. SEC. 5. STUDY; REPORT TO THE CONGRESS. (a) Study.--The Comptroller General of the United States shall conduct a study that-- (1) examines how the agencies and entities granted authority by the Depository Institutions Disaster Relief Act of 1992 and by this Act have exercised such authority; (2) evaluates the utility of such Acts in facilitating recovery from disasters consistent with the safety and soundness of depository institutions; and (3) contains recommendations with respect to whether the authority granted by this Act should be made permanent. (b) Report to the Congress.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the results of the study required by subsection (a). SEC. 6. SENSE OF THE CONGRESS. It is the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions meet the financial services needs of their communities and customers located in areas affected by the 1993 flooding of the Mississippi River and its tributaries. SEC. 7. OTHER AUTHORITY NOT AFFECTED. Nothing in this Act limits the authority of any department or agency under any other provision of law. Passed the House of Representatives August 2, 1993. Attest: Clerk.

Depository Institutions Disaster Relief Act of 1993 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions for a specified period of time to the Truth in Lending Act and to the Expedited Funds Availability Act with respect to transactions and depository institutions located within either a federally declared major disaster area or certain areas damaged by the 1993 flooding of the Mississippi River and its tributaries (disaster areas). Cites conditions under which: (1) an insured depository institution may subtract from its total assets a specified amount attributable to insurance proceeds when it is calculating compliance with prescribed leverage limits; and (2) a qualifying regulatory agency may deviate from certain statutory requirements with respect to regulated entities located in disaster areas. Directs the Comptroller General to study and report to the Congress on the efficacy of certain disaster relief Acts with respect to facilitating recovery from major disasters. Expresses the sense of the Congress that specified Federal banking regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1993 flooding of the Mississippi River and its tributaries.

Depository Institutions Disaster Relief Act of 1993

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Tax Relief and Marriage Penalty Elimination Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986 . TITLE I--ELIMINATION OF MARRIAGE PENALTY SEC. 101. ELIMINATION OF MARRIAGE PENALTY IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $54,100............... 15% of taxable income. Over $54,100 but not over $131,100. $8,115, plus 28% of the excess over $54,100. Over $131,100 but not over $273,500. $29,675, plus 31% of the excess over $131,100. Over $273,500 but not over $594,700. $73,819, plus 36% of the excess over $273,500. Over $594,700.................. $189,451, plus 39.6% of the excess over $594,700. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $43,280............... 15% of taxable income. Over $43,280 but not over $104,880. $6,492, plus 28% of the excess over $43,280. Over $104,880 but not over $218,800. $23,740, plus 31% of the excess over $104,880. Over $218,800 but not over $475,760. $59,055.20, plus 36% of the excess over $218,800 Over $475,760.................. $151,560.80, plus 39.6% of the excess over $475,760 ``(c) Other Individuals.--There is hereby imposed on the taxable income of every individual (other than an individual to whom subsection (a) or (b) applies) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $27,050............... 15% of taxable income. Over $27,050 but not over $65,550. $4,057.50, plus 28% of the excess over $27,050. Over $65,550 but not over $136,750. $14,837.50, plus 31% of the excess over $65,550. Over $136,750 but not over $297,350. $36,909.50, plus 36% of the excess over $136,750. Over $297,350.................. $94,725.50, plus 39.6% of the excess over $297,350. ``(d) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,800................ 15% of taxable income. Over $1,800 but not over $4,250 $270, plus 28% of the excess over $1,800. Over $4,250 but not over $6,500 $956, plus 31% of the excess over $4,250. Over $6,500 but not over $8,900 $1,653.50, plus 36% of the excess over $6,500. Over $8,900.................... $2,517.50, plus 39.6% of the excess over $8,900.''. (b) Inflation Adjustment To Apply in Determining Rates for 2002.-- Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2001'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``2000'', and (3) by striking paragraph (7). (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``2000'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(e)(4)(B). (F) Section 68(b)(2)(B). (G) Section 132(f)(6)(A)(ii). (H) Section 135(b)(2)(B)(ii). (I) Section 151(d)(4). (J) Section 220(g)(2). (K) Section 221(g)(1)(B). (L) Section 512(d)(2)(B). (M) Section 513(h)(2)(C)(ii). (N) Section 685(c)(3)(B). (O) Section 877(a)(2). (P) Section 911(b)(2)(D)(ii)(II). (Q) Section 2032A(a)(3)(B). (R) Section 2503(b)(2)(B). (S) Section 2631(c)(1)(B). (T) Section 4001(e)(1)(B). (U) Section 4261(e)(4)(A)(ii). (V) Section 6039F(d). (W) Section 6323(i)(4)(B). (X) Section 6334(g)(1)(B). (Y) Section 6601(j)(3)(B). (Z) Section 7430(c)(1). (2) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``2000''. (3) Sections 468B(b)(1), 511(b)(1), 641(a), 641(d)(2)(A), and 685(d) are each amended by striking ``section 1(e)'' each place it appears and inserting ``section 1(d)''. (4) Sections 1(f)(2) and 904(b)(3)(E)(ii) are each amended by striking ``(d), or (e)'' and inserting ``or (d)''. (5) Paragraph (1) of section 1(f) is amended by striking ``(d), and (e)'' and inserting ``and (d)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 102. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) (relating to standard deduction) is amended to read as follows: ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) twice the dollar amount in effect under subparagraph (C) for the taxable year in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $6,650 in the case of a head of household (as defined in section 2(b)), or ``(C) $4,550 in any other case.'' (b) Technical Amendments.-- (1) Paragraph (4) of section 63(c) is amended to read as follows: ``(4) Adjustments for inflation.--In the case of any taxable year beginning in a calendar year after 2001, each dollar amount contained in paragraph (2) or (5) or subsection (f) 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.'' (2) Subparagraph (A) of section 63(c)(5) is amended by striking ``$500'' and inserting ``$750''. (3) Subsection (f) of section 63 is amended by striking ``$600'' each place it appears and inserting ``$900'' and by striking ``$750'' in paragraph (3) and inserting ``$1,100''. (4) Subparagraph (B) of section 1(f)(6) is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (5) Paragraph (4) of section 63(c) is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. TITLE II--INDIVIDUAL INCOME TAX RATE REDUCTIONS SEC. 201. INDIVIDUAL INCOME TAX RATE REDUCTIONS. (a) Rates After 2004.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (d) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $12,600............... 10% of taxable income. Over $12,600 but not over $54,100. $1,260, plus 15% of the excess over $12,600. Over $54,100 but not over $273,500. $7,485, plus 25% of the excess over $54,100. Over $273,500.................. $62,335, plus 33% of the excess over $273,500. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $10,800............... 10% of taxable income. Over $10,800 but not over $43,280. $1,080, plus 15% of the excess over $10,800 Over $43,280 but not over $218,800. $5,952, plus 25% of the excess over $43,280 Over $218,800.................. $49,832, plus 33% of the excess over $218,800 ``(c) Other Individuals.--There is hereby imposed on the taxable income of every individual (other than an individual to whom subsection (a) or (b) applies) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $6,300................ 10% of taxable income. Over $6,300 but not over $27,050. $630, plus 15% of the excess over $6,300. Over $27,050 but not over $136,750. $3,742.50, plus 25% of the excess over $27,050. Over $136,750.................. $31,167.50, plus 33% of the excess over $136,750. ``(d) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,800................ 15% of taxable income. Over $1,800 but not over $6,500 $270, plus 25% of the excess over $1,800. Over $6,500.................... $1,445, plus 33% of the excess over $6,500.'' (b) Phasein of Rates.--Section 1 is amended by inserting after subsection (d) the following new subsection: ``(e) Phasein of 2005 Rates.-- ``(1) In general.--In the case of any taxable year beginning after December 31, 2000, and before January 1, 2005, the tax determined under subsection (a), (b), or (c) shall be the tax imposed by such subsection determined without regard to the amendments made by the Tax Relief and Marriage Penalty Elimination Act of 2001 reduced by-- ``(A) 40 percent of the aggregate tax reduction in the case of taxable years beginning during 2001 or 2002, ``(B) 60 percent of the aggregate tax reduction in the case of taxable years beginning during 2003, and ``(C) 80 percent of the aggregate tax reduction in the case of taxable years beginning during 2004. The Secretary shall adjust the tables prescribed under subsection (f) to carry out the reductions under the preceding sentence. ``(2) Aggregate tax reduction.--For purposes of paragraph (1), the aggregate tax reduction for any taxable year shall be the amount equal to the excess of-- ``(A) the tax which would be determined for such taxable year without regard to the Tax Relief and Marriage Penalty Elimination Act of 2001, over ``(B) the tax which would be determined for such taxable year without regard to this subsection.'' (c) Technical Amendments.-- (1) Section 1(g)(7)(B)(ii)(II) is amended by striking ``15 percent'' and inserting ``10 percent''. (2) Section 1(h) is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``15 percent'', and (B) by striking paragraph (13). (3) Section 531 is amended by striking ``39.6 percent'' and inserting ``33 percent''. (4) Section 541 is amended by striking ``39.6 percent'' and inserting ``33 percent''. (5) Section 3402(p)(1)(B) is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``5, 10, 15, or 25 percent''. (6) Section 3402(p)(2) is amended by striking ``15 percent'' and inserting ``10 percent''. (7) Section 3402(q)(1) is amended by striking ``28 percent'' and inserting ``15 percent''. (8) Section 3402(r)(3) is amended by striking ``31 percent'' and inserting ``25 percent''. (9) Section 3406(a)(1) is amended by striking ``31 percent'' and inserting ``25 percent''. (10) The Secretary of the Treasury may prescribe percentages which shall apply in lieu of the percentages specified in the amendments made by this subsection in order to coordinate those percentages with the percentages specified in the tables prescribed under the last sentence of section 1(e)(1) of the Internal Revenue Code of 1986, as added by this section. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Amendments to withholding provisions.--The amendments made by paragraphs (5), (6), (7), (8), and (9) of subsection (c) shall apply to amounts paid after the date of the enactment of this Act.

Tax Relief and Marriage Penalty Elimination Act of 2001 - Amends the Internal Revenue Code to: (1) eliminate the marriage penalty for couples filing a single return jointly with respect to both tax rates and the standard deduction; and (2) after 2004, reduce individual tax rates.

To amend the Internal Revenue Code of 1986 to eliminate the marriage penalty in the income tax rates and standard deduction and to reduce individual income tax rates.

SECTION 1. SHORT TITLE AND REFERENCES. (a) Short Title.--This Act may be cited as the ``Low-Income Home Energy Assistance Amendments of 1994''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). SEC. 2. STATEMENT OF PURPOSE. Subsection (a) of section 2602 (42 U.S.C. 8621(a)) is amended to read as follows: ``(a) In order to assist low-income households, particularly those that pay a high proportion of household income for home energy, both in meeting their immediate home energy needs, and in attaining the capacity to meet such needs independently in the future, the Secretary of Health and Human Services is authorized to make grants to States for programs and activities consistent with the provisions of this title.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Amounts Authorized.-- (1) In general.--Section 2602(b) (42 U.S.C. 8621(b)) is amended by striking ``this title'' and all that follows through the end of the first sentence and inserting ``this title, such sums as may be necessary for each of fiscal years 1995 through 1999.''. (2) Incentive program for leveraging non-federal sources.-- Subsection (d) of section 2602 (42 U.S.C. 8621(d)) is amended to read as follows: ``(d)(1) There are authorized to be appropriated to carry out section 2607A, $50,000,000 for each of the fiscal years 1995 and 1996, $60,000,000 for fiscal year 1997, $70,000,000 for fiscal year 1998, and $80,000,000 for fiscal year 1999, except that if the amount appropriated pursuant to subsection (b) does not exceed the amount specified in paragraph (2) for a fiscal year, the amount authorized to be appropriated to carry out section 2607A for such fiscal year shall be $50,000,000. ``(2) For purposes of paragraph (1), the amount specified is-- ``(A) for fiscal year 1997, the amount appropriated pursuant to subsection (b) for fiscal year 1996; ``(B) for fiscal year 1998, the amount so appropriated for fiscal year 1997; and ``(C) for fiscal year 1999, the amount so appropriated for fiscal year 1998, or, if greater, the amount so appropriated for fiscal year 1995.''. (b) Period for Which Appropriation Is Made; Repeal of Program Year.--Section 2602 (42 U.S.C. 8621) is amended-- (1) by repealing subsection (c); (2) by redesignating subsection (d) as subsection (c); and (3) in the second sentence of subsection (b), to read as follows: ``Amounts appropriated pursuant to this subsection or subsection (c) for a fiscal year shall be available for carrying out this title in the following fiscal year.''. SEC. 4. EMERGENCY FUNDS. (a) Authorization of Appropriations.--Section 2602 (42 U.S.C. 8621) as amended by section 3, is further amended by adding at the end thereof the following new subsection: ``(d) There are authorized to be appropriated in any fiscal year for payments under this title, in addition to amounts appropriated for distribution to all the States in accordance with section 2604 (other than subsection (g)), such sums as may be necessary to meet the additional home energy assistance needs of one or more States arising from a natural disaster or other emergency. Funds appropriated pursuant to this subsection are hereby designated to be emergency requirements pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such funds shall be made available only after the submission to Congress of a formal budget request by the President (for all or a part of the appropriation pursuant to this subsection) that includes a designation of the amount requested as an emergency requirement as defined in such Act.''. (b) Allotment of Emergency Funds.--Section 2604 (42 U.S.C. 8623) is amended by adding at the end thereof the following new subsection: ``(g) Notwithstanding subsections (a) through (f), the Secretary may allot amounts appropriated pursuant to section 2602(d) to one or more than one State. In determining to which State or States additional funds may be allotted, the Secretary shall take into account the extent to which a State was affected by the emergency or disaster, the availability to an affected State of other resources under this or any other program, and such other factors as the Secretary determines relevant.''. SEC. 5. AUTHORIZED USES OF FUNDS. Paragraph (1) of section 2605(b) (42 U.S.C. 8624(b)(1)) is amended to read as follows: ``(1) use the funds available under this title to-- ``(A) conduct outreach activities and provide assistance to low income households, particularly those that pay a high proportion of household income for home energy; ``(B) intervene in energy crisis situations, and, to the extent determined appropriate by the State, to encourage and enable households to attain, to the maximum extent feasible, home energy self-sufficiency; ``(C) provide low-cost residential weatherization and other cost-effective residential repairs or improvements related to energy use; ``(D) provide energy conservation education; and ``(E) plan, develop, and administer the State's program under this title including leveraging programs, and the State agrees not to use such funds for any purposes other than those specified in this title;''. SEC. 6. TARGETING OF ASSISTANCE TO HOUSEHOLDS WITH HIGH HOME ENERGY BURDENS. (a) Household Income.--Section 2605(b)(2)(B) (42 U.S.C. 8624(b)(2)(B)) is amended by striking the matter following clause (ii) and inserting the following: ``except that a State may not exclude a household from eligibility in a fiscal year solely on the basis of household income if such income is less than 110 percent of the poverty level for such State, but the State may give priority to those households with the highest home energy costs or needs in relation to household income;''. (b) Outreach Activities.--Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by striking ``are made aware'' and inserting ``and households with high home energy burdens, are made aware''. (c) Assistance Levels.--Section 2605(b)(5) (42 U.S.C. 8624(b)(5)) is amended by inserting ``or needs'' after ``highest energy costs''. (d) State Plan.--Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is amended-- (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; and (2) by inserting after subparagraph (D) the following new subparagraph: ``(E) describes any steps that will be taken (in addition to those necessary to carry out the assurance contained in paragraph (5) of subsection (b)) to target assistance to households with high home energy burdens;''. SEC. 7. REMOVAL OF CONSTRAINT ON SECRETARIAL PROGRAM GUIDANCE. Section 2605(b) (42 U.S.C. 8624(b)) is amended by striking the first flush sentence immediately following paragraph (14). SEC. 8. CLARIFICATION OF AUDIT REQUIREMENT. Section 2605 (42 U.S.C. 8624) is amended-- (1) in subsection (b)(10), by striking ``and provide that'' and all that follows and inserting ``and provide that the State will comply with the provisions of chapter 75 of title 31, United States Code (commonly known as the `Single Audit Act');''; and (2) in subsection (e), by striking ``at least every two years'' and all that follows and inserting ``in accordance with chapter 75 of title 31, United States Code.''. SEC. 9. USE OF DEPARTMENT OF ENERGY WEATHERIZATION RULES TO ACHIEVE PROGRAM CONSISTENCY. Section 2605(c)(1)(D) (42 U.S.C. 8624(c)(1)(D)) is amended by inserting before the semicolon at the end thereof the following: ``, including any steps the State will take to address the weatherization and energy-related home repair needs of households that have disproportionately high home energy costs or needs in relation to household income, and describes the rules promulgated by the Department of Energy for administration of its Low Income Weatherization Assistance Program which the State, to the extent permitted by the Secretary to increase consistency between federally assisted programs, will follow regarding the use of funds provided under this title by the State for such weatherization and energy-related home repairs and improvements''. SEC. 10. MATTERS TO BE DESCRIBED IN ANNUAL APPLICATION. Section 2605(c)(1) (42 U.S.C. 8624(c)(1)) is amended-- (1) in subparagraph (F) (as so redesignated by section 6(d) of this Act)-- (A) by striking ``and (13)'' and inserting ``(13), and (15)''; and (B) by striking ``and'' at the end thereof; and (2) by inserting after subparagraph (F) (as so redesignated by section 6(d) of this Act), the following new subparagraph: ``(G) states, with respect to the 12-month period specified by the Secretary, the number and income levels of households assisted with funds provided under this title, and the number of households so assisted with-- ``(i) a member who had attained 60 years of age; ``(ii) a member who was disabled; and ``(iii) one or more young children; and''. SEC. 11. REPORT OF FUNDS AVAILABLE FOR OBLIGATION. Section 2607(a) (42 U.S.C. 8628(a)) is amended-- (1) by inserting ``(1)'' after the subsection designation; and (2) by adding at the end thereof the following new paragraph: ``(2) Each State shall notify the Secretary, not later than 2 months prior to the close of a fiscal year, of the amount (if any) of its allotment for such year that will not be obligated in such year, and, if such State elects to submit a request described in subsection (b)(2), such State shall submit such request at the same time. The Secretary shall make no payment under paragraph (1) to a State for a fiscal year unless the State has complied with this paragraph with respect to the prior fiscal year.''. SEC. 12. MISCELLANEOUS AND TECHNICAL AMENDMENTS. (a) In General.-- (1) Treatment of households.--Section 2605(b)(7) (42 U.S.C. 8624(b)(7) is amended-- (A) in subparagraph (B), by adding ``and'' at the end thereof; (B) in subparagraph (C), to read as follows: ``(C) assure that the home energy supplier will not treat households receiving assistance under this title less favorably than other households to which it supplies home energy, and will comply with all provisions under or pursuant to State law prohibiting adverse or discriminatory treatment of such households;''; and (C) by striking subparagraph (D). (2) Incentive program.--Section 2607A(e) (42 U.S.C. 8626a(e)) is amended by striking ``July 31, of each year'' and inserting ``2 months after the close of the fiscal year during which the State provided leveraged resources to eligible households, as described in subsection (b)''. (b) Technical Amendments.-- (1) Section 2602(b) (42 U.S.C. 8621(b)) is amended-- (A) by inserting ``(other than section 2607A)'' after ``to carry out the provisions of this title''; and (B) by striking the second period at the end thereof. (2) Section 2603(2) (42 U.S.C. 8622(2)) is amended-- (A) by striking ``the'' in paragraph (2) and inserting ``The''; and (B) by striking the semicolon at the end thereof and inserting a period. (3) The sentence that immediately precedes paragraph (15) of section 2605(b) (42 U.S.C. 8624(b)) is transferred so as to appear as a flush sentence immediately after paragraph (15). (4) Section 2605(b)(3) (42 U.S.C. 8624(b)(3)) is amended by striking ``handicapped'' and inserting ``disabled''. (5) Section 2607A(c)(2) (42 U.S.C. 8626a(c)(2)) is amended by striking ``.0008 percent'' and inserting ``0.08 percent''. (6) Section 2610(a) (42 U.S.C. 8629(a)) is amended-- (A) in paragraph (2), by striking the semicolon after ``used'' and inserting a semicolon after ``title''; and (B) in paragraph (5)-- (i) by striking ``handicapped'' and inserting ``disabled''; and (ii) by inserting before the semicolon at the end thereof ``or include young children''. SEC. 13. EFFECTIVE DATE. The amendments and repeals made by this Act shall become effective on October 1, 1994.

Low-Income Home Energy Assistance Amendments of 1994 - Amends Federal law with respect to Home Energy Assistance to authorize the Secretary of Health and Human Services to make grants to States to assist low-income households, particularly those that pay a high proportion of household income, both for meeting immediate energy needs and in attaining the capacity to meet such needs independently in the future. Authorizes appropriations. Authorizes appropriations for home energy assistance needs arising from a natural disaster or other emergency. Modifies the authorized uses of funds including: (1) outreach activities and assistance particularly to low income households that pay a high proportion of household income for home energy; (2) intervention in energy crisis situations; (3) low-cost residential weatherization; and (4) State program planning and development, including leveraging programs. Authorizes the States to give priority to households with the highest home energy burdens. Requires State applications for assistance to include a plan which targets assistance to households with high home energy burdens. Repeals the prohibition against the Secretary's prescription of the manner in which the States will comply with the Low-Income Home Energy Assistance Act of 1981. Requires State applications for assistance to include: (1) a plan which describes which Department of Energy rules for Low Income Weatherization Assistance Program the State will follow with respect to repairs and improvements; and (2) specified data on the households assisted under this Act. Requires each State to notify the Secretary of any amounts that remain unobligated prior to the close of the fiscal year.

Low-Income Home Energy Assistance Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Materials Transportation Authorization Act of 1993''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 115(a) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1812(a)) is amended by striking all after ``not to exceed'' and inserting in lieu thereof ``$12,600,000 for fiscal year 1994, $13,100,000 for fiscal year 1995, and $13,600,000 for fiscal year 1996.''. SEC. 3. EXEMPTIONS FROM REQUIREMENT TO FILE REGISTRATION STATEMENT. Section 106(c) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1805(c)) is amended by adding at the end the following new paragraph: ``(16) Foreign offerors.--A person who is domiciled outside the United States and who offers, solely from a location outside the United States, hazardous materials for transportation in commerce does not have to file a registration statement under this subsection.''. SEC. 4. PLANNING GRANTS FOR INDIAN TRIBES. (a) Authority To Make Grants.--Section 117A(a)(1) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1815(a)(1)) is amended-- (1) in the introductory matter, by inserting ``and Indian tribes'' immediately after ``States''; and (2) in subparagraph (A), by striking ``within a State and between a State and another State'' and inserting in lieu thereof ``within the lands under the jurisdiction of a State or Indian tribe, and between the lands under the jurisdiction of a State or Indian tribe and the lands of another State or Indian tribe''. (b) Maintenance of Effort.--Section 117A(a)(2) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1815(a)(2)) is amended by inserting ``or Indian tribe'' immediately after ``State'' each place it appears. (c) Coordination of Planning.--Section 117A(a) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1815(a)) is amended by adding at the end the following new paragraph: ``(4) Coordination of planning.--A State or Indian tribe receiving a grant under this subsection shall ensure that planning under the grant is coordinated with emergency planning conducted by adjacent States and Indian tribes.''. SEC. 5. TRAINING CRITERIA FOR SAFE HANDLING AND TRANSPORTATION. Section 106(b)(3) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1805(b)(3)) is amended-- (1) in the paragraph heading, by striking ``emergency response'' and -i-n-s-e-r-t inserting in lieu thereof ``employee''; (2) by inserting ``or duplicate'' immediately after ``conflict with''; and (3) by striking all after ``Labor relating to'' through ``(and amendments thereto) and'' and inserting in lieu thereof ``hazard communication, and hazardous waste operations and emergency response, contained in part 1910 of title 29 of the Code of Federal Regulations (and amendments thereto) or''. SEC. 6. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL SUBDIVISIONS, AND INDIAN TRIBES. Section 112(b) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1811(b)) is amended-- (1) by inserting immediately after ``(b) Fees.--'' the following heading: ``(1) Restriction.--''; and (2) by adding at the end the following new paragraph: ``(2) Disclosure.--A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall, upon the Secretary's request, report to the Secretary on-- ``(A) the basis on which the fee is levied upon persons involved in such transportation; ``(B) the purposes for which the revenues from the fee are used; ``(C) the annual total amount of the revenues collected from the fee; and ``(D) such other matters as the Secretary requests.''. SEC. 7. ANNUAL REPORT. Section 109 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1808(e)) is amended by striking the first sentence and inserting in lieu thereof the following: ``The Secretary shall, once every 2 years, prepare and submit to the President for transmittal to the Congress a comprehensive report on the transportation of hazardous materials during the preceding 2 calendar years.''. SEC. 8. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS. In implementing the Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of Transportation shall ensure that the National Intelligent Vehicle-Highway Systems Program addresses, in a comprehensive and coordinated manner, the use of intelligent vehicle- highway system technologies to promote hazardous materials transportation safety. The Secretary of Transportation shall ensure that one or more operational tests funded under such Act shall promote such safety and advance technology for providing information to persons who provide emergency response to hazardous materials transportation incidents. SEC. 9. RAIL TANK CAR SAFETY. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue final regulations under the following: (1) The rulemaking proceeding under Docket HM-175A entitled ``Crashworthiness Protection Requirements for Tank Cars''. (2) The rulemaking proceeding under Docket HM-201 entitled ``Detection and Repair of Cracks, Pits, Corrosion, Lining Flaws, Thermal Protection Flaws and Other Defects of Tank Car Tanks''. SEC. 10. SAFE PLACEMENT OF TRAIN CARS. The Secretary of Transportation shall conduct a study of existing practices regarding the placement of cars on trains, with particular attention to the placement of cars that carry hazardous materials. In conducting the study, the Secretary shall consider whether such placement practices increase the risk of derailment, hazardous materials spills, or tank ruptures or have any other adverse effect on safety. The results of the study shall be submitted to Congress within 1 year after the date of enactment of this Act. SEC. 11. GRADE CROSSING SAFETY. The Secretary of Transportation shall, within 6 months after the date of enactment of this Act, amend regulations-- (1) under the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.) to prohibit the driver of a motor vehicle transporting hazardous materials in commerce, and (2) under the Motor Carrier Safety Act of 1984 (49 App. U.S.C. 2501 et seq.) to prohibit the driver of any commercial motor vehicle, from driving the motor vehicle onto a highway-rail grade crossing without having sufficient space to drive completely through the crossing without stopping. SEC. 12. DRIVER'S RECORD OF DUTY STATUS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall promulgate regulations amending section 395.8(k) of title 49, Code of Federal Regulations, to require that any supporting document bearing on the record of duty status of a driver who operates a commercial motor vehicle-- (1) be -r-e-t-r-a-i-n-e-d-, retained, by the motor carrier using such driver, for at least 6 months following its receipt of such document; and (2) include information identifying the driver and vehicle related to the document. (b) Definition.--In this section, the term ``supporting document'' means any electronic or paper document or record generated in the normal course of business, in the provision of transportation by commercial motor vehicle, that could be used by a safety inspector or motor carrier to verify the accuracy of entries in a driver's record of duty status, including trip reports, pay slips, bills of lading or shipping papers, and receipts for fuel, lodging, and tolls. SEC. 13. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS. (a) Amendment of Regulations.--Within 18 months after the date of enactment of this Act, the Secretary of Transportation shall amend section 391.23 of title 49, Code of Federal Regulations, to-- (1) specify the safety information that must be sought under that section by a motor carrier with respect to a driver; (2) require that such information be requested from former employers and that former employers furnish the requested information within 30 days after receiving the request; and (3) ensure that the driver to whom such information applies has a reasonable opportunity to review and comment on the information. (b) Safety Information.--The safety information required to be specified under subsection (a)(1) shall include information on-- (1) any motor vehicle accidents in which the driver was involved during the preceding 3 years; (2) any failure of the driver, during the preceding 3 years, to undertake or complete a rehabilitation program under section 12020 of the Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701) after being found to have used, in violation of law or Federal regulation, alcohol or a controlled substance; (3) any use by the driver, during the preceding 3 years, in violation of law or Federal regulation, of alcohol or a controlled substance subsequent to completing such a rehabilitation program; and (4) any other matters determined by the Secretary of Transportation to be appropriate and useful for determining the driver's safety performance. (c) Former Employer.--For purposes of this section, a former employer is any person who employed the driver in the preceding 3 years. SEC. 14. RETENTION OF SHIPPING PAPERS. (a) Amendment.--Section 105(g) of the Hazardous Materials Transportation Act (49 U.S.C. 1804(g)) is amended by adding at the end the following new paragraph: ``(5) Retention of papers.--After the hazardous material to which a shipping paper provided to a carrier under paragraph (1) applies is no longer in transportation, the person who provided the shipping paper and the carrier required to maintain it under paragraph (1) shall retain the paper at their respective principal places of business. Such person and carrier shall, upon request, make the shipping paper available to a Federal, State, or local government agency at reasonable times and locations.''. (b) Regulations.--Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall issue regulations implementing the requirements of paragraph (5) of section 105(g) of the Hazardous Materials Transportation Act, as added by subsection (a) of this section. SEC. 15. TOLL FREE NUMBER FOR REPORTING. The Secretary of Transportation shall establish a toll free ``800'' telephone number for transporters of hazardous materials and other individuals to report to the Secretary possible violations of the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.) or any order or regulation issued under this Act. SEC. 16. TECHNICAL CORRECTIONS. (a) Amendments Relating to Packaging.--(1) Sections 103(5)(B), 103(6)(A)(iii), and 109(c) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1802(5)(B), 1802(6)(A)(iii), 1808(c)) are each amended by striking ``packages'' and inserting in lieu thereof ``packaging''. (2) Sections 105(a)(3), 105(a)(4)(B)(v), 110(a)(1), and 120 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1804(a)(3), 1804(a)(4)(B)(v), 1809(a)(1), 1818) are each amended by striking ``a package'' and inserting in lieu thereof -`-`-p-a-c-k-a-g-i-n-g-'-'-. ``a packaging''. (3) Sections 106(c)(1)(B) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1805(c)(1)(B)) is amended-- (A) by striking ``a bulk package'' and inserting in lieu thereof -`-`-b-u-l-k ``a bulk packaging''; and (B) by striking ``the package'' and inserting in lieu thereof ``the bulk packaging''. (b) Other.--(1) Section 105(a)(3) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1804(a)(3)) is amended by inserting ``hazardous materials'' immediately after ``shipped''. (2) Section 105(e)(1) of the Hazardous Materials Transportation Act (49 App. U.S.C. 1804(e)(1)) is amended by striking ``or package'' and inserting in lieu thereof ``, package, or packaging (or a component of a container, package, or packaging)''. SEC. 17. EXEMPTION FROM HOURS OF SERVICE REQUIREMENTS. The Secretary of Transportation shall exempt farmers and retail farm supplies from the hours of service requirements contained in section 395.3 of title 49, Code of Federal Regulations, when such farmers and retail farm supplies are transporting farm supplies for agricultural purposes within a 50-mile radius of their distribution point during the crop-planting season.

Hazardous Materials Transportation Authorization Act of 1993 - Amends the Hazardous Materials Transportation Act to authorize appropriations for FY 1994 through 1996 for the regulation of the transportation of hazardous materials. Exempts from the requirement to file a registration statement persons domiciled outside the United States who offer, solely from a location outside the United States, hazardous materials for transportation in commerce. Directs the Secretary of Transportation (Secretary) to make grants to Indian tribes for the development of emergency response plans with respect to the transportation of hazardous materials through Indian lands. Requires States or Indian tribes receiving such grants to ensure that such emergency planning is coordinated with emergency plans conducted by adjacent States and Indian tribes. Requires States, local governments, or Indian tribes that levy fees in connection with the transportation of hazardous materials to comply with certain disclosure requirements. Changes from annual to biennial the Secretary's periodic comprehensive report to the President (for transmittal to the Congress) on the transportation of hazardous materials. Directs the Secretary to ensure that the National Intelligent Vehicle-Highway Systems Program addresses the use of intelligent vehicle-highway system technologies to promote hazardous materials transportation safety. Requires the Secretary to issue final regulations under specified dockets concerning: (1) crashworthiness protection requirements for tank cars; and (2) detection and repair of cracks, pits, corrosion, lining flaws, thermal protection flaws and other defects of tank car tanks. Directs the Secretary to study the existing practices regarding the placement of cars on trains, with particular attention to the placement of cars carrying hazardous materials. Requires the Secretary to amend regulations under the Hazardous Materials Transportation Act and the Motor Carrier Safety Act of 1984 to prohibit the driver of a motor vehicle transporting hazardous materials in commerce or of any commercial vehicle from driving it onto a highway-rail grade crossing without sufficient space to drive completely through the crossing without stopping. Requires the Secretary to issue regulations to require that any document bearing on the record of duty status of a driver who operates a commercial motor vehicle: (1) be retained by the employing motor carrier for at least six months after receipt; and (2) include information identifying the driver and vehicle. Directs the Secretary to amend the Code of Federal Regulations (CFR) with respect to the acquisition of safety performance histories of new drivers employed by a motor carrier. Requires the retention of shipping papers by persons who provided them and the motor carrier required to maintain it after the hazardous material involved is no longer in transportation. Requires the Secretary to establish a toll-free "800" telephone number for transporters of hazardous materials and other individuals to report possible violations of the Hazardous Materials Transportation Act or any regulation issued under this Act. Requires the Secretary to exempt farmers and retail farm suppliers from CFR hours of service requirements when they transport supplies for agricultural purposes within a 50-mile radius of their distribution point during the crop-planting season.

Hazardous Materials Transportation Authorization Act of 1993

SECTION 1. LACKAWANNA VALLEY HERITAGE AREA. Section 106(a) of the Lackawanna Valley National Heritage Area Act of 2000 (Public Law 106-278; 114 Stat. 816; 16 U.S.C. 461 note) is amended to read as follows: ``(a) Authorities of Management Entity.--For purposes of preparing and implementing the management plan, the management entity may-- ``(1) make grants to, and enter into cooperative agreements with, the State and political subdivisions of the State, private organizations, or any person; and ``(2) hire and compensate staff.''. SEC. 2. HAWAIIAN SPELLING ERRORS. Section 5 of the Act entitled ``An Act to add certain lands on the island of Hawaii to the Hawaii National Park, and for other purposes'', as added by Public Law 99-564 (100 Stat. 3179; 16 U.S.C. 392c) is amended by striking ``Hawaii Volcanoes'' each place it appears and inserting ``Hawai'i Volcanoes''. SEC. 3. ``I HAVE A DREAM'' PLAQUE AT LINCOLN MEMORIAL. Section 2 of Public Law 106-365 (114 Stat. 1409) is amended by striking ``and expand contributions'' and inserting ``and expend contributions''. SEC. 4. WILD AND SCENIC RIVERS AND NATIONAL TRAILS. (a) Wild and Scenic Rivers.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by redesignating paragraph (162), pertaining to White Clay Creek, Delaware and Pennsylvania, as paragraph (163); (2) by designating the second paragraph (161), pertaining to the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek, Florida, as paragraph (162); (3) by designating the undesignated paragraph pertaining to the Wildhorse and Kiger Creeks, Oregon, as paragraph (164); and (4) by redesignating the third paragraph (161), pertaining to the Lower Delaware River and associated tributaries, New Jersey and Pennsylvania, as paragraph (165) and by moving the margins of such paragraph 2 ems to the left. (b) National Trails.--Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended-- (1) by redesignating the second paragraph (21), pertaining to the Ala Kahakai National Historic Trail, and enacted by Public Law 106-509 as paragraph (22); and (2) by moving the margins of paragraphs (21) and (22) 2 ems to the left. SEC. 5. JAMESTOWN 400TH COMMEMORATION COMMISSION. The Jamestown 400th Commemoration Commission Act of 2000 (Public Law 106-565; 114 Stat. 2812; 16 U.S.C. 81 note) is amended-- (1) in section 2(a)(5), by striking ``State''; (2) in sections 2(b), 3(3), and 4(h), by striking ``State'' and inserting ``Commonwealth'' each place it appears; (3) in section 3, by striking paragraph (5) and inserting the following: ``(5) Commonwealth.--The term `Commonwealth' means the Commonwealth of Virginia, including agencies and entities of the Commonwealth.''; and (4) in section 4(b)(1), by striking ``16'' and inserting ``15''. SEC. 6. ROSIE THE RIVETER-WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK. The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (Public Law 106-352; 114 Stat. 1371; 16 U.S.C. 410ggg et seq.) is amended-- (1) in section 2(b), by striking ``numbered 963/80000'' and inserting ``numbered 963/80,000''; (2) in section 3(b)(1), by striking ``the World War II Child Development Centers, the World War II worker housing, the Kaiser-Permanente Field Hospital, and Fire Station 67A,'' and inserting ``the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field Hospital, and Richmond Fire Station 67A,''; and (3) in section 3(e)(2), by striking ``the World War II day care centers, the World War II worker housing, the Kaiser- Permanente Field Hospital, and Fire Station 67,'' and inserting ``the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field Hospital, and Richmond Fire Station 67A,''. SEC. 7. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS. The Vicksburg Campaign Trail Battlefields Preservation Act of 2000 (Public Law 106-487; 114 Stat. 2202) is amended-- (1) in section 2(a)(1), by striking ``and Tennessee'' and inserting ``Tennessee, and Kentucky''; (2) in section 3(1), by striking ``and Tennessee,'' and inserting ``Tennessee, and Kentucky,''; and (3) in section 3(2)-- (A) by striking ``and'' at the end of subparagraph (R); (B) by redesignating subparagraph (S) as subparagraph (T); and (C) by inserting a new subparagraph (S) as follows: ``(S) Fort Heiman in Calloway County, Kentucky, and resources in and around Columbus in Hickman County, Kentucky; and''. SEC. 8. HARRIET TUBMAN SPECIAL RESOURCE STUDY. Section 3(c) of the Harriet Tubman Special Resource Study Act (Public Law 106-516; 114 Stat. 2405) is amended by striking ``Public Law 91-383'' and all that follows through ``3501)'' and inserting ``the National Park System General Authorities Act (16 U.S.C. 1a-5)''. SEC. 9. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS. Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares. SEC. 10. PERSONAL WATERCRAFT TIME EXTENSION. The grace period described in the final rule issued on March 21, 2000 (65 Fed. Reg. 15,077 (2000)), regarding personal watercraft use within certain units of the National Park System, is extended until December 31, 2004, for all 21 of the park areas specifically identified in the rule. SEC. 11. POPULAR NAMES. (a) National Park Service Organic Act.--The Act of August 25, 1916 (16 U.S.C. 1 et seq.; popularly known as the ``National Park Service Organic Act'') is amended by adding at the end the following new section: ``Sec. 5. This Act may be cited as the `National Park Service Organic Act'.''. (b) National Park System General Authorities Act.--Public Law 91- 383 (16 U.S.C. 1a-1 et seq.; popularly known as the ``National Park System General Authorities Act'') is amended by adding at the end the following new section: ``Sec. 14. This Act may be cited as the `National Park System General Authorities Act'.''. SEC. 12. PARK POLICE INDEMNIFICATION. Section 2(b) of the Act of November 6, 2000, (Public Law 106-437; 114 Stat. 1921) is amended by striking ``the Act'' and inserting ``of the Act''.

Makes technical corrections to specified laws relating to parks and public lands. Amends the Vicksburg Campaign Trail Battlefields Preservation Act of 2000 to include Fort Heiman, Kentucky, and resources in and around Columbus, Kentucky, within its battlefield areas for preservation.Qualifies employees of foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies for General Services Administration contract airfares.Extends the grace period for personal watercraft use within 21 specified National Park System areas until December 31, 2004, to allow completion of environmental assessments.Designates as official titles the popular names for the National Park Service Organic Act and the National Park System General Authorities Act.

To make technical corrections to laws passed by the 106th Congress related to parks and public lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurses' Higher Education and Loan Repayment Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Health Resources and Services Administration estimates there is currently a shortage of more than 200,000 registered nurses nationwide and projects the shortage will grow to over 1 million nurses by 2020, 36 percent less than needed to meet demand for nursing care. (2) The shortage of qualified nursing faculty is the primary factor driving the inability of nursing schools to graduate more registered nurses to meet the nation's growing workforce demand. (3) There continues to be strong interest on the part of young Americans to enter the nursing field. The National League for Nursing estimates that 88,000 qualified applications, or one out of every three submitted to basic registered nurse programs in 2006, were rejected due to lack of capacity. (4) The American Association of Colleges of Nursing (in this Act referred to as the ``AACN'') estimates that 40,285 applicants were turned away specifically from baccalaureate and graduate schools of nursing in 2007 and over 70 percent of the schools responding to the AACN survey reported a lack of nurse faculty as the number one reason for turning away qualified applicants. Likewise, nearly 70 percent of the associate's degree registered nurse programs responding to the most recent American Association of Community Colleges Nursing Survey reported a lack of faculty to teach as the number one reason for turning away qualified applicants. (5) Large numbers of faculty members at schools of nursing in the United States are nearing retirement. According to the AACN, the average age of a nurse faculty member is 55 years old and the average age at retirement is 62. (6) The current nationwide nurse faculty vacancy rate is estimated to be as high as 8.8 percent, including 767 vacant positions at schools of nursing offering baccalaureate and advanced degrees and, in 2006, as many as 880 in associate's degree programs. (7) Market forces have created disincentives for individuals qualified to become nurse educators from pursing this career. The average annual salary for an associate professor of nursing with a master's degree is nearly 20 percent less that the average salary for a nurse practitioner with a master's degree, according to the 2007 salary survey by the journal ADVANCE for Nurse Practitioners. (8) The most recent Health Resources and Services Administration survey data indicates that from a total of more than 2 million registered nurses, only 143,113 registered nurses with a bachelor's degree and only 51,318 registered nurses with an associate's degree have continued their education to earn a master's degree in the science of nursing, the minimum credential necessary to teach in all types of registered nurse programs. The majority of these graduates do not become nurse educators. (9) Current Federal incentive programs to encourage nurses to become educators are inadequate and inaccessible for many interested nurses. (10) A broad incentive program must be available to willing and qualified nurses that will provide financial support and encourage them to pursue and maintain a career in nursing education. SEC. 3. NURSE FACULTY LOAN REPAYMENT PROGRAM. Part E of title VIII of the Public Health Service Act (42 U.S.C. 297a et seq.) is amended by inserting after section 846A the following new section: ``SEC. 846B. NURSE FACULTY LOAN REPAYMENT PROGRAM. ``(a) Establishment.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with eligible individuals for the repayment of education loans, in accordance with this section, to increase the number of qualified nursing faculty. ``(b) Agreements.--Each agreement entered into under subsection (a) shall require that the eligible individual shall serve as a full-time member of the faculty of an accredited school of nursing for a total period, in the aggregate, of at least four years during the six-year period beginning on the later of-- ``(1) the date on which the individual receives a master's or doctorate nursing degree from an accredited school of nursing; or ``(2) the date on which the individual enters into an agreement under subsection (a). ``(c) Agreement Provisions.--Agreements entered into pursuant to subsection (a) shall be entered into on such terms and conditions as the Secretary may determine, except that-- ``(1) not more than ten months after the date on which the six-year period described under subsection (b) begins, but in no case before the individual starts as a full-time member of the faculty of an accredited school of nursing, the Secretary shall begin making payments, for and on behalf of that individual, on the outstanding principal of, and interest on, any loan of that individual obtained to pay for such degree; ``(2) for an individual who has completed a master's degree in nursing-- ``(A) payments may not exceed $10,000 per calendar year; and ``(B) total payments may not exceed $40,000; and ``(3) for an individual who has completed a doctorate degree in nursing-- ``(A) payments may not exceed $20,000 per calendar year; and ``(B) total payments may not exceed $80,000. ``(d) Breach of Agreement.-- ``(1) In general.--In the case of any agreement made under subsection (a), the individual is liable to the Federal Government for the total amount paid by the Secretary under such agreement, and for interest on such amount at the maximum legal prevailing rate, if the individual fails to meet the agreement terms required under subsection (b). ``(2) Waiver or suspension of liability.--In the case of an individual making an agreement for purposes of paragraph (1), the Secretary shall provide for the waiver or suspension of liability under such paragraph if compliance by the individual with the agreement involved is impossible or would involve extreme hardship to the individual or if enforcement of the agreement with respect to the individual would be unconscionable. ``(3) Date certain for recovery.--Subject to paragraph (2), any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than the expiration of the 3-year period beginning on the date the United States becomes so entitled. ``(4) Availability.--Amounts recovered under paragraph (1) shall be available to the Secretary for making loan repayments under this section and shall remain available for such purpose until expended. ``(e) Eligible Individual Defined.--For purposes of this section, the term `eligible individual' means an individual who-- ``(1) is a United States citizen, national, or lawful permanent resident; ``(2) holds an unencumbered license as a registered nurse; and ``(3) has either already completed a master's or doctorate nursing program at an accredited school of nursing or is currently enrolled on a full-time or part-time basis in such a program. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2009 through 2013 to carry out this Act. Such sums shall remain available until expended.''.

Nurses' Higher Education and Loan Repayment Act of 2008 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to enter into an agreement with eligible individuals for the repayment of education loans in exchange for working as a full-time member of the faculty of an accredited school of nursing.

To amend the Public Health Service Act to establish a graduate degree loan repayment program for nurses who become nursing school faculty members.

SECTION 1. NATIONAL DRUG CONTROL PROGRAM BUDGET. Section 1003(c) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502 et seq.) is amended-- (1) by redesignating paragraphs (5), (6), and (7), as paragraphs (6), (7), and (8), respectively; and (2) by inserting after paragraph (4) the following new paragraph: ``(5) The Director shall request the head of a department or agency to include in the department or agency's budget submission to the Office of Management and Budget funding requests for specific initiatives that are consistent with the President's priorities for the National Drug Control Strategy and certifications made pursuant to paragraph (3), and the head of the department or agency shall comply with such a request.''. SEC. 2. CONTROL OF DRUG-RELATED RESOURCES. Section 1003 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is amended-- (1) in subsection (d)-- (A) by amending paragraph (2) to read as follows: ``(2) request the head of a department of agency to place department or agency personnel who are engaged in drug control activities on temporary detail to another department or agency in order to implement the National Drug Control Strategy, and the head of the department or agency shall comply with such a request; (B) by striking ``and'' at the end of paragraph (6); (C) by striking the period at the end of paragraph (7) and inserting a semicolon; and (D) by adding after paragraph (7) the following new paragraphs: ``(8) except to the extent that the Director's authority under this paragraph is limited in an annual appropriation Act by specific reference to this paragraph, transfer funds appropriated to a National Drug Control Program agency account to a different National Drug Control Program agency account in an amount that does not exceed 2 percent of the amount appropriated to either account, after having received the approval of the Committee on Appropriations of each House of Congress; and ``(9) in order to ensure compliance with the National Drug Control Program, issue to the head of a National Drug Control Program agency a funds control notice described in subsection (f).''; and (2) by adding at the end the following new subsections: ``(f) Funds Control Notices.--(1) A funds control notice may direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated by-- ``(A) months, fiscal year quarters, or other time periods; and ``(B) activities, functions, projects, or object classes. ``(2) An officer or employee of a National Drug Control Program agency shall not make or authorize an expenditure or obligation contrary to a funds control notice issued by the Director. ``(3) In the case of a violation of paragraph (2) by an officer or employee of a National Drug Control Program agency, the head of the agency, upon the request of and in consultation with the Director, may subject the officer or employee to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office. ``(g) Limit on Number of Political Appointees.--Not more than 10 percent of the members of the officers and employees of the Office of National Drug Control Policy (including the Director, Deputy Directors, and Associate Directors) may be in positions that are-- ``(1) positions of a confidential or policy-determining character under Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; ``(2) Senior Executive Service positions filled by noncareer appointees; or ``(3) positions on the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code. ``(h) Prohibition on Political Campaigning.--No Federal officer in the Office of the National Drug Control Policy who is appointed by the President, by and with the advice and consent of the Senate, may use his official authority or influence for partisan political purposes.''. SEC. 3. SPECIAL FORFEITURE FUND AMENDMENTS. (a) Establishment of Fund.--Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended-- (1) by amending subsection (b) to read as follows: ``(b) Transfers From Other Funds.-- ``(1) Department of justice deposits.--(A) On October 1 of each of fiscal years 1994, 1995, 1996, 1997, and 1998, the Attorney General shall estimate, with the concurrence of the Director, the excess unobligated balance anticipated as of September 30 in the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. For fiscal year 1993, the excess unobligated balance as of September 30 shall be estimated within 15 days after the date of enactment of this paragraph. ``(B) In each of fiscal years 1993, 1994, 1995, 1996, 1997, and 1998, the Attorney General shall transfer to the Fund the excess unobligated balance estimated under subparagraph (A). Such transfers shall be made at the end of each quarter of a fiscal year on a pro rata basis. In order to account for unanticipated fluctuations in the Department of Justice Assets Forfeiture Fund balance during a fiscal year, the transfer at the end of the fourth quarter of each fiscal year shall be adjusted by the Attorney General, with the concurrence of the Director, so that the transfer is equal to the actual remaining excess unobligated balance in the Department of Justice Assets Forfeiture Fund on September 30. Transfers under this subparagraph shall be made only to the extent that the aggregate amount of such transfers during a fiscal year does not exceed $150,000,000. ``(2) Department of the treasury deposits.--(A) On October 1 of each of fiscal years 1994, 1995, 1996, 1997, and 1998, the Secretary of the Treasury shall estimate, with the concurrence of the Director, the excess unobligated balance anticipated as of September 30 in the Department of the Treasury Forfeiture Fund established under section 9703 of title 31, United States Code. For fiscal year 1993, the excess unobligated balance as of September 30 shall be estimated within 15 days after the date of enactment of this paragraph. ``(B) In each of fiscal years 1993, 1994, 1995, 1996, 1997, and 1998, the Secretary of the Treasury shall transfer to the Fund the excess unobligated balance estimated under subparagraph (A). Such transfers shall be made at the end of each quarter of a fiscal year on a pro rata basis. In order to account for unanticipated fluctuations in the Department of the Treasury Forfeiture Fund balance during a fiscal year, the transfer at the end of the fourth quarter of each fiscal year shall be adjusted by the Secretary of the Treasury, with the concurrence of the Director, so that the transfer is equal to the actual remaining excess unobligated balance in the Department of the Treasury Forfeiture Fund on September 30. Transfers under this subparagraph shall be made only to the extent that the aggregate amount of such transfers during a fiscal year does not exceed $150,000,000.''. (2) by redesignating subsections (c), (d), (e), and (f), as subsections (e), (f), (g), and (h), respectively; and (3) by inserting after subsection (b) the following new subsection: ``(c) Super Surplus.--(1) Any unobligated balance up to $20,000,000 remaining in the Fund on September 30 of a fiscal year shall be available to the Director, subject to appropriation and subject to paragraph (2), to transfer to, and for obligation and expenditure in connection with drug control activities of, any Federal agency or State or local entity with responsibilities under the National Drug Control Strategy. ``(2) A transfer may be made under paragraph (1) only with the advance written approval of the Committee on Appropriations of each House of Congress.''. (b) Conforming Amendments.-- (1) Department of justice assets forfeiture fund.--Section 524(c)(9) of title 28, United States Code, is amended-- (A) by striking subparagraph (B) and inserting the following new paragraph: ``(B) The Attorney General shall make transfers from the Fund to the Office of National Drug Control Policy's Special Forfeiture Fund in the manner provided in section 6073(b)(1) of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509(b)(1)).''; (B) by striking subparagraph (C); and (C) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (2) Department of the treasury forfeiture fund.--Section 9703(g) of title 31, United States Code, is amended by striking paragraphs (3) and (4) and inserting the following new paragraph: ``(3) The Secretary of the Treasury shall make transfers from the Fund to the Office of National Drug Control Policy's Special Forfeiture Fund in the manner provided in section 6073(b)(2) of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509(b)(2)).''. SEC. 4. COORDINATION WITH EXECUTIVE BRANCH AGENCIES. Section 1004 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1503) is amended-- (1) in subsection (a) by amending paragraph (1) to read as follows: ``(1) Each Federal Government program manager, agency head, or department head with responsibilities under the National Drug Control Strategy shall provide such information (including reports, memoranda, letters, studies, surveys, and information maintained in data collection systems) for purposes of drug control as the Director may request. Information shall be transmitted timely and in such manner and format as may be prescribed by the Director.''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (3) by inserting after subsection (a) the following new subsection: ``(b) National Drug Control Data Collection Systems.--(1) For each National Drug Control Program agency, the Director may designate certain data collection systems as being essential for drug control purposes. ``(2) The Director may require data collection systems designated under paragraph (1) to be modified in accordance with standards established by the Director to ensure appropriate scope and coverage of data collection.''; and (4) by striking subsection (c)(2) (as redesigned by paragraph (2)) and inserting the following new paragraph: ``(2) An officer or employee of a National Drug Control Program Agency shall not take any action to implement a change in the drug control policy of the agency unless the policy change has been certified in advance by the Director under paragraph (1) as being consistent with the National Drug Control Strategy.''. SEC. 5. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY. Section 1009 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking ``the date which is 5 years after the date of the enactment of this subtitle'' and inserting ``September 30, 1998''. SEC. 6. DIRECTOR AS A MEMBER OF THE CABINET. The Director of National Drug Control Policy shall be a member of the President's Cabinet. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 1011 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1508) is amended by striking ``4'' and inserting ``9''.

Amends the National Narcotics Leadership Act of 1988 to require the Director of National Drug Control Policy to request the head of a department or agency to include in its budget submission to the Office of Management and Budget funding requests for specific initiatives. Directs each agency to comply with such request. Authorizes the Director to: (1) request an agency head to place personnel engaged in drug control activities on temporary detail to another agency in order to implement the National Drug Control Strategy and directs the agency head to comply; and (2) transfer funds appropriated to a National Drug Control Program agency account to a different such account and to issue to the head of a Program agency a funds control notice. Prohibits an officer or employee of a Program agency from making or authorizing an expenditure or obligation contrary to such a notice. Provides for disciplinary action for violations. Limits the number of political appointees to the Office of Drug Control Policy. Prohibits Federal officers in the Office from using official authority or influence for partisan political purposes. Amends the Asset Forfeiture Amendments Act of 1988 to provide for transfers to the Special Forfeiture Fund according to specified guidelines of funds from the Department of Justice Assets Forfeiture Fund and the Department of the Treasury Forfeiture Fund. Makes certain surplus amounts within the Fund available to the Director for Federal, State, or local drug control activities. Requires each Federal program manager or department head with responsibilities under the Strategy to provide such information for drug control purposes as the Director may request. Authorizes the Director to: (1) designate certain data collection systems as being essential for drug control purposes; and (2) require that such systems be modified to ensure appropriate scope and coverage. Prohibits an officer or employee of a Program agency from taking any action to implement a change in drug control policy unless such change has been certified in advance by the Director. Terminates the Office on September 30, 1998. Requires the Director to be a member of the President's cabinet. Extends the authorization of appropriations for the office.

A bill to enhance the authorities and responsibilities of the Office of National Drug Control Policy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Courts Budget Protection Act''. SEC. 2. BUDGET ESTIMATES. (a) In General.--Section 605 of title 28, United States Code, is amended to read as follows: ``Sec. 605. Budget estimates ``(a) The Director, under the supervision of the Judicial Conference of the United States, shall submit to Congress before January 25 of each year annual estimates of the following: ``(1)(A) The expenditures and appropriations necessary for the maintenance and operation of the courts and the Administrative Office and the operation of the judicial survivors annuity fund and any supplemental and deficiency estimates as may be required for such purposes according to law. ``(B) The estimates required by this paragraph shall be approved, before presentation to Congress, by the Judicial Conference of the United States, except that the estimate with respect to the Court of International Trade shall be approved by that court and the estimate with respect to the United States Court of Appeals for the Federal Circuit shall be approved by that court. ``(2)(A) The expenditures and appropriations necessary for real property construction activities, including construction and acquisitions and repairs and alterations, related to United States courthouses and other space occupied by entities of the judicial branch. ``(B) Estimated expenditures and appropriations under this paragraph shall be based on prospectuses and other information provided by the Administrator of General Services. ``(C) For the purpose of preparing estimated expenditures and appropriations under this paragraph, the Administrator of General Services shall, at such times as are required by Congress or the judicial branch to ensure timely development and consideration of courthouse needs and budget requests, prepare and submit directly-- ``(i) prospectuses, including cost estimates, for future judicial branch construction, acquisition, and repair and alteration projects to the Director, the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and House of Representatives; and ``(ii) preliminary planning, design and cost estimates of future judicial branch construction, acquisition, and repair and alteration projects to the Director. ``(D) In accordance with estimates prepared under this paragraph, funds may be appropriated to the judicial branch for deposit into the Federal Buildings Fund for the construction, acquisition, and repair and alteration of Federal courthouses. Funds deposited into the Federal Buildings Fund under this subparagraph shall not be available for expenses in connection with any construction, acquisition, and repair and alteration project for which a prospectus, if required by section 7 of the Public Buildings Act of 1959 (40 U.S.C. 606), has not been approved by the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, except that necessary funds may be expended for each project for required expenses in connection with the development of a proposed prospectus. ``(b)(1) The estimates submitted to Congress under subsection (a) shall also be submitted to the President for inclusion in the budget of the United States. In each budget of the United States Government submitted by the President under the first sentence of section 1105(a) of title 31, the President shall make no change or alterations whatsoever, and shall not impose or otherwise recommend, directly or indirectly, implementation of a negative allowance, rescission, or any other form of reduction or change to such estimates. ``(2) For the purpose of preparing a unified Federal budget by the President, the Director shall transmit to the President-- ``(A) preliminary estimated expenditures and proposed appropriations for the judicial branch before October 16 of each year; and ``(B) final estimated expenditures and proposed appropriations for the judicial branch before December 24 of each year, and such final estimates shall be identical to the estimates to be submitted to Congress under subsection (a). ``(c) The Director shall cause periodic examinations of the judicial survivors annuity fund to be made by an actuary, who may be an actuary employed by another department of the Government temporarily assigned for the purpose, and whose findings and recommendations shall be transmitted by the Director to the Judicial Conference.''. (b) Conforming Amendment.--Section 1105(b) of title 31, United States Code, is amended by adding at the end the following: ``Estimated expenditures and proposed appropriations for the judicial branch described under section 605 of title 28 shall be included in the budget and submitted to the President in accordance with that section.''. (c) Responsibilities of the Administrator.--Except for the budget submission process provided in section 605(a)(2) of title 28, United States Code, as added by subsection (a) of this section, the responsibilities of the Administrator of General Services for-- (1) assessing, with the Director of the Administrative Office of the United States Courts, the facility requirements, specifications, and costs associated with housing the needs of the judicial branch in buildings to be constructed, leased, or renovated through funds made available to the General Services Administration from the Federal Buildings Fund or any other source; (2) the planning, cost estimating, design and performance of construction, leasing and repair, and alteration functions for the purpose of housing the activities of the judicial branch; and (3) the planning and determination of the housing plans of those elements of the executive branch which should be included in buildings to be constructed, leased, or renovated for the judicial branch where necessary to support the activities of the judicial branch or to best meet the needs of the Federal community; shall not be affected by section 605(a) of title 28, United States Code, as added by subsection (a).

Requires the Administrator, at such times as are required by Congress or the judicial branch to ensure timely development and consideration of courthouse needs and budget requests, to prepare and submit directly: (1) to the Director and to specified congressional committees prospectuses, including cost estimates, for future judicial branch construction, acquisition, and repair and alteration projects; and (2) to the Director preliminary planning, design, and cost estimates of future judicial branch construction, acquisition, and repair and alteration projects. Authorizes funds to be appropriated (in accordance with such estimates) to the judicial branch for deposit into the Federal Buildings Fund. Directs that the estimates submitted to Congress also be submitted to the President for inclusion in the U.S. budget. Prohibits the President from: (1) making any changes in including the estimates in the budget; and (2) imposing or otherwise recommending implementation of a negative allowance, rescission, or any other form of reduction or change to such estimates. Requires the Director, for the purpose of preparing a unified Federal budget, to transmit to the President: (1) preliminary estimated expenditures and proposed appropriations for the judicial branch before October 16 of each year; and (2) final estimated expenditures and proposed appropriations for the judicial branch before December 24 of each year, which shall be identical to the estimates to be submitted to Congress. Requires the Director to cause periodic examinations of the Fund to be made by an actuary, whose findings and recommendations shall be transmitted to the Judicial Conference.

Federal Courts Budget Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stronger Tobacco Warning Labels to Save Lives Act''. SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING ADVERTISING ACT. (a) Amendment.--The Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.) is amended by striking section 4 and inserting the following: ``SEC. 4. LABELING. ``(a) Label.-- ``(1) In general.--It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, a warning label. ``(2) Regulations.--Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations describing the warning label required by paragraph (1). ``(3) Content of label.--The regulations promulgated under paragraph (2) shall ensure that the text of each warning label addresses one of the following: ``(A) Diseases or fatal health conditions caused by cigarette smoking. ``(B) Any physical addiction that results from cigarette smoking. ``(C) The influence that cigarette smoking by adults has on young children and teenagers and the consequences of such use. ``(D) The health hazards of secondhand smoke from cigarettes. ``(4) Graphics.-- ``(A) In general.--The regulations promulgated under paragraph (2) shall ensure that each warning label contains a color graphic or picture that illustrates or emphasizes to the greatest practicable extent the message of the text of the corresponding warning label. ``(B) Contents.--The graphics described in subparagraph (A) shall enhance the message of the text of the warning label and may include a color picture of one of the following: ``(i) A diseased lung, heart, or mouth. ``(ii) An individual suffering from addiction. ``(iii) Children watching an adult smoke a cigarette. ``(iv) An individual adversely affected by secondhand smoke from a cigarette, including pregnant women or infants. ``(b) Advertising.--It shall be unlawful for any manufacturer or importer of cigarettes to advertise or cause to be advertised within the United States any cigarette unless the advertising bears, in accordance with the requirements of this section, one of the warning label statements required by subsection (a). ``(c) Requirements for Labeling.-- ``(1) Location.--Each label statement required by subsection (a) shall be located on the upper portion of the front and back panels of the cigarette package (or carton) and occupy not less than 50 percent of each panel. ``(2) Type and color.--Each label statement required by subsection (a) shall be printed in at least 17 point type with adjustments as determined appropriate by the Secretary. All the letters in the label shall appear in conspicuous and legible type, in contrast by typography, layout, or color with all other printed material on the package, and be printed in a black-on-white or white-on-black format as determined appropriate by the Secretary. ``(d) Requirements for Advertising.-- ``(1) Location.--Each label statement required by subsection (b) shall occupy not less than 50 percent of the area of the advertisement involved. ``(2) Type and color.-- ``(A) Type.--Each label statement required by subsection (b) shall be printed in a point type that is not less than the following types: ``(i) With respect to whole page advertisements on broadsheet newspaper--45 point type. ``(ii) With respect to half page advertisements on broadsheet newspaper--39 point type. ``(iii) With respect to whole page advertisements on tabloid newspaper--39 point type. ``(iv) With respect to half page advertisements on tabloid newspaper--27 point type. ``(v) With respect to DPS magazine advertisements--31.5 point type. ``(vi) With respect to whole page magazine advertisements--31.5 point type. ``(vii) With respect to 28cm x 3 column advertisements--22.5 point type. ``(viii) With respect to 20cm x 2 column advertisements--15 point type. The Secretary may revise the required type sizes as the Secretary determines appropriate within the 50 percent requirement. ``(B) Color.--All the letters in the label under this paragraph shall appear in conspicuous and legible type, in contrast by typography, layout, or color with all other printed material and be printed in an alternating black-on-white and white-on-black format as determined appropriate by the Secretary. ``(e) Rotation of Label Statements.-- ``(1) In general.--Except as provided in paragraph (2), the label statements specified in subsections (a) and (b) shall be rotated by each manufacturer or importer of cigarettes quarterly in alternating sequence on packages of each brand of cigarettes manufactured by the manufacturer or importer and in the advertisements for each such brand of cigarettes in accordance with a plan submitted by the manufacturer or importer and approved by the Federal Trade Commission. The Federal Trade Commission shall approve a plan submitted by a manufacturer or importer of cigarettes which will provide the rotation required by this subsection and which assures that all of the labels required by subsections (a) and (b) will be displayed by the manufacturer or importer at the same time. ``(2) Application of other rotation requirements.-- ``(A) In general.--A manufacturer or importer of cigarettes may apply to the Federal Trade Commission to have the label rotation described in subparagraph (C) apply with respect to a brand style of cigarettes manufactured or imported by such manufacturer or importer if-- ``(i) the number of cigarettes of such brand style sold in the fiscal year by the manufacturer or importer preceding the submission of the application is less than \1/ 4\ of 1 percent of all the cigarettes sold in the United States in such year; and ``(ii) more than \1/2\ of the cigarettes manufactured or imported by such manufacturer or importer for sale in the United States are packaged into brand styles which meet the requirements of clause (i). If an application is approved by the Commission, the label rotation described in subparagraph (C) shall apply with respect to the applicant during the 1-year period beginning on the date of the application approval. ``(B) Plan.--An applicant under subparagraph (A) shall include in its application a plan under which the label statements specified in subsection (a) will be rotated by the applicant manufacturer or importer in accordance with the label rotation described in subparagraph (C). ``(C) Other rotation requirements.--Under the label rotation which the manufacturer or importer with an approved application may put into effect, each of the labels specified in subsection (a) shall appear on the packages of each brand style of cigarettes with respect to which the application was approved an equal number of times within the 12-month period beginning on the date of the approval by the Commission of the application. ``(f) Application of Requirement.--Subsection (a) does not apply to a distributor or a retailer of cigarettes who does not manufacture, package, or import cigarettes for sale or distribution within the United States. ``(g) Cigars; Pipe Tobacco.-- ``(1) In general.--The Secretary shall promulgate such regulations as may be necessary to establish warning labels for cigars and pipe tobacco. Such regulations shall require content-specific messages regarding health hazards posed by cigars and pipe tobacco, include graphic illustrations of such content messages, as is required under subsection (a), and be formatted in a clear and unambiguous manner, as is required under subsection (a). ``(2) Definitions.--In this subsection: ``(A) Cigar.--The term `cigar' means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco that is a cigarette or cigarillo). ``(B) Pipe tobacco.--The term `pipe tobacco' means any loose tobacco that, because of the appearance, type, packaging or labeling of such tobacco, is likely to be offered to, or purchased by, consumers as a tobacco to be smoked in a pipe.''. (b) Effective Date.--The amendment made by this section shall take effect 1 year after the date of enactment of this section. SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION ACT OF 1986. (a) Amendment.--The Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by striking section 3 and inserting the following: ``SEC. 3. SMOKELESS TOBACCO WARNING. ``(a) General Rule.-- ``(1) Label on package.--It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any smokeless tobacco product unless the product package bears, in accordance with the requirements of this section, a warning label. ``(2) Label in advertisements.--It shall be unlawful for any manufacturer, packager, or importer of smokeless tobacco products to advertise or cause to be advertised within the United States any smokeless tobacco product unless the advertising bears, in accordance with the requirements of this Act, one of the labels required by paragraph (1). ``(b) Regulations.--Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations describing the warning labels required under subsection (a). ``(c) Content of Label.--The regulations promulgated under subsection (b) shall ensure that the text of each warning label addresses one of the following: ``(1) Diseases resulting from use of smokeless tobacco products. ``(2) Any physical addiction that results from using smokeless tobacco products. ``(3) The influence that use of smokeless tobacco products by adults has on young children and teenagers and the consequences of such use. ``(d) Number of Labels.--The regulations promulgated under subsection (b) shall ensure that not less than 2 warning labels are created for each subject matter described in paragraphs (1), (2), and (3) of subsection (c). Such regulations shall also require that each package of smokeless tobacco bear 1 warning label that shall be rotated in accordance with subsection (g). ``(e) Graphics.-- ``(1) In general.--The regulations promulgated under subsection (b) shall ensure that each warning label required by subsection (a) contains a color graphic or picture that illustrates or emphasizes to the greatest practicable extent the message of the text of the corresponding warning label. ``(2) Contents.--The graphics described in paragraph (1) shall enhance the message of the text of the warning label and may include a color picture of one of the following: ``(A) A diseased mouth or other physical effect of using smokeless tobacco products. ``(B) An individual using a smokeless tobacco product. ``(C) Children watching an adult use a smokeless tobacco product. ``(f) Format.-- ``(1) Location.--Each label statement required by subsection (a)(1) shall be located on the principal display panel of the product and occupy not less than 50 percent of such panel. ``(2) Type and color.--Each label statement required by subsection (a)(1) shall be printed in 17 point type with adjustments as determined appropriate by the Secretary to reflect the length of the required statement. All the letters in the label shall appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material on the package and be printed in an alternating black on white and white on black format as determined appropriate by the Secretary. ``(g) Advertising and Rotation.--The provisions of sections (d) and (e)(1) of the Federal Cigarette Labeling and Advertising Act (as amended by the Stronger Tobacco Warning Labels to Save Lives Act) shall apply to advertisements for smokeless tobacco products required under subsection (a)(2) and the rotation of the label statements required under subsection (a)(1) on such products. ``(h) Application of Requirement.--Subsection (a) does not apply to a distributor or a retailer of smokeless tobacco products who does not manufacture, package, or import such products for sale or distribution within the United States. ``(i) Television and Radio Advertising.--It shall be unlawful to advertise smokeless tobacco or cigars on any medium of electronic communications subject to the jurisdiction of the Federal Communications Commission.''. (b) Effective Date.--The amendment made by this section shall take effect 1 year after the date of enactment of this section.

Stronger Tobacco Warning Labels to Save Lives Act - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to make it unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes or smokeless tobacco products unless the product package bears, in accordance with the specified requirements of this Act, a warning label on the upper portion of the front and back panels of the cigarette package or carton. Specifies label requirements for advertisements. Requires the rotation of labels for both packages and advertisements in accordance with a Federal Trade Commission approved plan.

To amend the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to require warning labels for tobacco products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missing Persons Authorities Improvement Act of 1997''. SEC. 2. IMPROVEMENT OF MISSING PERSONS AUTHORITIES APPLICABLE TO DEPARTMENT OF DEFENSE. (a) Applicability to Department of Defense Civilian Employees and Contractor Employees.--(1) Section 1501 of title 10, United States Code, is amended-- (A) by striking out subsection (c) and inserting in lieu thereof the following: ``(c) Covered Persons.--Section 1502 of this title applies in the case of the following persons: ``(1) Any member of the armed forces on active duty who becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for. ``(2)(A) Any other person who is a citizen of the United States and is described in subparagraph (B) who serves with or accompanies the armed forces in the field under orders and becomes involuntarily absent as a result of a hostile action, or under circumstances suggesting that the involuntary absence is a result of a hostile action, and whose status is undetermined or who is unaccounted for. ``(B) A person described in this subparagraph is any of the following: ``(i) A civilian officer or employee of the Department of Defense. ``(ii) An employee of a contractor of the Department of Defense. ``(iii) An employee of a United States firm licensed by the United States under section 38 of the Arms Export Control Act (22 U.S.C. 2778) to perform duties under contract with a foreign government involving military training of the military forces of that government in accordance with policies of the Department of Defense.''; and (B) by adding at the end the following new subsection: ``(f) Secretary Concerned.--In this chapter, the term `Secretary concerned' includes-- ``(1) in the case of a person covered by clause (i) of subsection (c)(2)(B), the Secretary of the military department or head of the element of the Department of Defense employing the employee; ``(2) in the case of a person covered by clause (ii) of subsection (c)(2)(B), the Secretary of the military department or head of the element of the Department of Defense contracting with the contractor; and ``(3) in the case of a person covered by clause (iii) of subsection (c)(2)(B), the Secretary of Defense.''. (2) Section 1503(c) of such title is amended-- (A) in paragraph (1), by striking out ``one military officer'' and inserting in lieu thereof ``one individual described in paragraph (2)''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph (2): ``(2) An individual referred to in paragraph (1) is the following: ``(A) A military officer, in the case of an inquiry with respect to a member of the armed forces. ``(B) A civilian, in the case of an inquiry with respect to a civilian employee of the Department of Defense or of a contractor of the Department of Defense.''. (3) Section 1504(d) of such title is amended-- (A) in paragraph (1), by striking out ``who are'' and all that follows in that paragraph and inserting in lieu thereof ``as follows: ``(A) In the case of a board that will inquire into the whereabouts and status of one or more members of the armed forces (and no civilians described in subparagraph (B)), the board shall be composed of officers having the grade of major or lieutenant commander or above. ``(B) In the case of a board that will inquire into the whereabouts and status of one or more civilian employees of the Department of Defense or contractors of the Department of Defense (and no members of the armed forces), the board shall be composed of-- ``(i) not less than three employees of the Department of Defense whose rate of annual pay is equal to or greater than the rate of annual pay payable for grade GS-13 of the General Schedule under section 5332 of title 5; and ``(ii) such members of the armed forces as the Secretary considers advisable. ``(C) In the case of a board that will inquire into the whereabouts and status of both one or more members of the armed forces and one or more civilians described in subparagraph (B)-- ``(i) the board shall include at least one officer described in subparagraph (A) and at least one employee of the Department of Defense described in subparagraph (B)(i); and ``(ii) the ratio of such officers to such employees on the board shall be roughly proportional to the ratio of the number of members of the armed forces who are subjects of the board's inquiry to the number of civilians who are subjects of the board's inquiry.''; and (B) in paragraph (4), by striking out ``section 1503(c)(3)'' and inserting in lieu thereof ``section 1503(c)(4)''. (4) Paragraph (1) of section 1513 of such title is amended to read as follows: ``(1) The term `missing person' means-- ``(A) a member of the armed forces on active duty who is in a missing status; or ``(B) a civilian employee of the Department of Defense or an employee of a contractor of the Department of Defense who serves with or accompanies the armed forces in the field under orders and who is in a missing status. Such term includes an unaccounted for person described in section 1509(b) of this title, under the circumstances specified in the last sentence of section 1509(a) of this title.''. (b) Report on Preliminary Assessment of Status.--(1) Section 1502 of such title is amended-- (A) in subsection (a)(2)-- (i) by striking out ``10 days'' and inserting in lieu thereof ``48 hours''; and (ii) by striking out ``Secretary concerned'' and inserting in lieu thereof ``theater component commander with jurisdiction over the missing person''; (B) in subsection (a), as amended by subparagraph (A)-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (ii) by inserting ``(1)'' after ``Commander.--''; and (iii) by adding at the end the following new paragraph: ``(2) However, if the commander determines that operational conditions resulting from hostile action or combat constitute an emergency that prevents timely reporting under paragraph (1)(B), the initial report should be made as soon as possible, but in no case later than ten days after the date on which the commander receives such information under paragraph (1).''; (C) by redesignating subsection (b) as subsection (c); (D) by inserting after subsection (a), as amended by subparagraphs (A) and (B), the following new subsection (b): ``(b) Transmission Through Theater Component Commander.--Upon reviewing a report under subsection (a) recommending that a person be placed in a missing status, the theater component commander shall ensure that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person. Not later than 14 days after receiving the report, the theater component commander shall forward the report to the Secretary of Defense or the Secretary concerned in accordance with procedures prescribed under section 1501(b) of this title. The theater component commander shall include with such report a certification that all necessary actions are being taken, and all appropriate assets are being used, to resolve the status of the missing person.''; and (E) in subsection (c), as redesignated by subparagraph (C), by adding at the end the following new sentence: ``The theater component commander through whom the report with respect to the missing person is transmitted under subsection (b) shall ensure that all pertinent information relating to the whereabouts and status of the missing person that results from the preliminary assessment or from actions taken to locate the person is properly safeguarded to avoid loss, damage, or modification.''. (2) Section 1503(a) of such title is amended by striking out ``section 1502(a)'' and inserting in lieu thereof ``section 1502(b)''. (3) Section 1504 of such title is amended by striking out ``section 1502(a)(2)'' in subsections (a), (b), and (e)(1) and inserting in lieu thereof ``section 1502(a)''. (4) Section 1513 of such title is amended by adding at the end the following new paragraph: ``(8) The term `theater component commander' means, with respect to any of the combatant commands, an officer of any of the armed forces who (A) is commander of all forces of that armed force assigned to that combatant command, and (B) is directly subordinate to the commander of the combatant command.''. (c) Frequency of Subsequent Reviews.--Subsection (b) of section 1505 of such title is amended to read as follows: ``(b) Frequency of Subsequent Reviews.--(1) In the case of a missing person who was last known to be alive or who was last suspected of being alive, the Secretary shall appoint a board to conduct an inquiry with respect to a person under this subsection-- ``(A) on or about three years after the date of the initial report of the disappearance of the person under section 1502(a) of this title; and ``(B) not later than every three years thereafter. ``(2) In addition to appointment of boards under paragraph (1), the Secretary shall appoint a board to conduct an inquiry with respect to a missing person under this subsection upon receipt of information that could result in a change of status of the missing person. When the Secretary appoints a board under this paragraph, the time for subsequent appointments of a board under paragraph (1)(B) shall be determined from the date of the receipt of such information. ``(3) The Secretary is not required to appoint a board under paragraph (1) with respect to the disappearance of any person-- ``(A) more than 30 years after the initial report of the disappearance of the missing person required by section 1502(a) of this title; or ``(B) if, before the end of such 30-year period, the missing person is accounted for.''. (d) Penalties for Wrongful Withholding of Information.--Section 1506 of such title is amended by adding at the end the following new subsection: ``(f) Wrongful Withholding.--Any person who (except as provided in subsections (a) through (d)) willfully withholds, or directs the withholding of, any information relating to the disappearance or whereabouts and status of a missing person from the personnel file of that missing person, knowing that such information is required to be placed in the personnel file of the missing person, shall be fined as provided in title 18 or imprisoned not more than one year, or both.''. (e) Information To Accompany Recommendation of Status of Death.-- Section 1507(b) of such title is amended by adding at the end the following new paragraphs: ``(3) A description of the location of the body, if recovered. ``(4) If the body has been recovered and is not identifiable through visual means, a certification by a practitioner of an appropriate forensic science that the body recovered is that of the missing person.''. (f) Missing Person's Counsel.--(1) Sections 1503(f)(1) and 1504(f)(1) of such title are amended by adding at the end the following: ``The identity of counsel appointed under this paragraph for a missing person shall be made known to the missing person's primary next of kin and any other previously designated person of the person.''. (2) Section 1503(f)(4) of such title is amended by adding at the end the following: ``The primary next of kin of a missing person and any other previously designated person of the missing person shall have the right to submit information to the missing person's counsel relative to the disappearance or status of the missing person.''. (3) Section 1505(c)(1) is amended by adding at the end the following: ``The Secretary concerned shall appoint counsel to represent any such missing person to whom such information may be related. The appointment shall be in the same manner, and subject to the same provisions, as an appointment under section 1504(f)(1) of this title.''. (g) Scope of Preenactment Review.--(1) Section 1509 of such title is amended by striking out subsection (a) and inserting in lieu thereof the following: ``(a) Review of Status.--(1) If new information is found or received that may be related to one or more unaccounted for persons described in subsection (b) (whether or not such information specifically relates (or may specifically relate) to any particular such unaccounted for person), that information shall be provided to the Secretary of Defense. Upon receipt of such information, the Secretary shall ensure that the information is treated under paragraphs (2) and (3) of section 1505(c) of this title and under section 1505(d) of this title in the same manner as information received under paragraph (1) of section 1505(c) of this title. For purposes of the applicability of other provisions of this chapter in such a case, each such unaccounted for person to whom the new information may be related shall be considered to be a missing person. ``(2) The Secretary concerned shall appoint counsel to represent each such unaccounted for person to whom the new information may be related. The appointment shall be in the same manner, and subject to the same provisions, as an appointment under section 1504(f)(1) of this title. ``(3) For purposes of this subsection, new information is information that-- ``(A) is found or received after the date of the enactment of the Missing Persons Improvement Act of 1997 by a United States intelligence agency, by a Department of Defense agency, or by a person specified in section 1504(g) of this title; or ``(B) is identified after the date of the enactment of the Missing Persons Improvement Act of 1997 in records of the United States as information that could be relevant to the case of one or more unaccounted for persons described in subsection (b).''. (2) Such section is further amended by adding at the end the following new subsection: ``(d) Establishment of Personnel Files for Korean Conflict Cases.-- The Secretary of Defense shall ensure that a personnel file is established for each unaccounted for person who is described in subsection (b)(1). Each such file shall be handled in accordance with, and subject to the provisions of, section 1506 of this title in the same manner as applies to the file of a missing person.''. (h) Withholding of Classified Information.--Section 1506(b) of such title is amended-- (1) by inserting ``(1)'' before ``The Secretary''; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (3) by adding at the end the following: ``(2) If classified information withheld under this subsection refers to one or more unnamed missing persons, the Secretary shall ensure that notice of that withheld information, and notice of the date of the most recent review of the classification of that withheld information, is made reasonably accessible to family members of missing persons.''. (i) Withholding of Privileged Information.--Section 1506(d) of such title is amended-- (1) in paragraph (2)-- (A) by striking out ``non-derogatory'' both places it appears in the first sentence; (B) by inserting ``or about unnamed missing persons'' in the first sentence after ``the debriefing report''; (C) by striking out ``the missing person'' in the second sentence and inserting in lieu thereof ``each missing person named in the debriefing report''; and (D) by adding at the end the following new sentence: ``Any information contained in the extract of the debriefing report that pertains to unnamed missing persons shall be made reasonably accessible to family members of missing persons.''; and (2) in paragraph (3)-- (A) by inserting ``, or part of a debriefing report,'' after ``a debriefing report''; and (B) by adding at the end the following new sentence: ``Whenever the Secretary withholds a debriefing report, or part of a debriefing report, containing information on unnamed missing persons from accessibility to families of missing persons under this section, the Secretary shall ensure that notice that the withheld debriefing report exists is made reasonably accessible to family members of missing persons.''.

Missing Persons Authorities Improvement Act of 1997 - Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.

Missing Persons Authorities Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Two Strikes and In Act of 1994''. SEC. 2. DEFINITION. For purposes of this Act, the term ``crime of violence'' means a felony offense under Federal or State law that is a crime of violence which may include the following (or a State equivalent of such crime): (1) Murder. (2) Homicide. (3) Kidnapping. (4) Assault resulting in a serious bodily injury. (5) Assault with intent to commit murder. (6) Rape. (7) Voluntary manslaughter. (8) Criminal sexual assault. SEC. 3. PRISONS FOR VIOLENT DRUG OFFENDERS. (a) Establishment of Grant and Technical Assistance Program.-- (1) In general.--The Attorney General may make grants to States and to multi-State compact associations for the purposes of-- (A) developing, constructing, expanding, operating, and improving boot camp prison programs, city or county detention facilities, or low- to medium-security prisons; (B) developing, constructing, and operating prisons that house and provide treatment for violent offenders with serious substance abuse problems; and (C) assisting in activating existing boot camp or prison facilities that are unutilized or underutilized because of lack of funding. (2) Technical assistance.--The Attorney General may provide technical assistance to grantees under this section. (3) Utilization of private sector.--Nothing herein shall prevent the utilization of any grant funds to contract with the private sector to design, construct or provide any services associated with any facilities funded herein. (4) Utilization of components.--The Attorney General may utilize any component or components of the Department of Justice in carrying out this section. (b) State and Multi-State Compact Applications.-- (1) In general.--To request a grant under this section, the chief executive of a State or the co-ordinator of a multi-State compact association shall submit an application to the Attorney General in such form and containing such information as the Attorney General may prescribe by regulation or guidelines. The chief executive of a State or the co-ordinator of a multi-State compact association may designate private sector participants for the design, construction, or provision of services associated with any facilities for which funding is requested. (2) Content of application.--In accordance with the regulations or guidelines established by the Attorney General, an application for a grant under this section shall-- (A) provide a description of any construction activities, including cost estimates; (B) provide a description of selection criteria for prisoners for various prison programs; and (C) certify that such State or States have in effect a law which requires a sentence of life imprisonment for individuals who have been previously convicted of a crime of violence at the State or Federal level. (c) Qualifying State.-- (1) In general.--To be eligible to receive a grant under this section, a State shall provide a mandatory sentence of life imprisonment without parole for individuals who have been previously convicted of a crime of violence at the State or Federal level. (2) Disqualification.--The Attorney General shall withdraw a State's status as a qualifying State if the Attorney General finds that the State no longer appropriately provides for the matters described in paragraph (1) or has ceased making substantial progress toward attaining them, in which event the State shall no longer be entitled to the benefits of this section, except to the extent the Attorney General otherwise directs. (3) Waiver.--The Attorney General may waive, for no more than one year, any of the requirements of this subsection with respect to a particular State if the Attorney General certifies that, in the Attorney General's judgment, there are compelling law enforcement reasons for doing so. Any State granted any such waiver shall be treated as a qualifying State for all purposes of this subtitle, unless the Attorney General otherwise directs. (d) Revocation or Suspension of Funding.--If the Attorney General determines, as a result of the reviews required by subsection (f), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application, the Attorney General may revoke or suspend funding of the grant in whole or in part. (e) Access to Documents.--The Attorney General and the Comptroller General shall have access for the purpose of audit and examination to-- (1) the pertinent books, documents, papers, or records of a grant recipient under this section; and (2) the pertinent books, documents, papers, or records of other persons and entities that are involved in programs for which assistance is provided under this section. (f) General Regulatory Authority.--The Attorney General may issue regulations and guidelines to carry out this section. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $600,000,000 for fiscal year 1994; (2) $600,000,000 for fiscal year 1995; (3) $600,000,000 for fiscal year 1996; (4) $600,000,000 for fiscal year 1997; and (5) $600,000,000 for fiscal year 1998.

Two Strikes and In Act of 1994 - Authorizes the Attorney General to make grants to States and to multi-State compact associations for: (1) developing, constructing, expanding, operating, and improving boot camp prison programs, city or county detention facilities, or low- to medium-security prisons; (2) developing, constructing, and operating prisons that house and provide treatment for violent offenders with serious substance abuse problems; and (3) assisting in activating existing boot camp or prison facilities that are unutilized or underutilized because of a lack of funding. Authorizes the Attorney General to: (1) provide technical assistance to grantees; and (2) utilize components of the Department of Justice in carrying out this Act. Permits the utilization of grant funds to contract with the private sector to design, construct, or provide any services associated with facilities funded. Sets forth application procedures. Requires a State, to be eligible, to provide a mandatory sentence of life imprisonment without parole for individuals who have been previously convicted of a crime of violence at the State or Federal level. Provides for revocation or suspension of funding where a grant recipient is not in substantial compliance with the terms and requirements of an approved grant application. Grants the Attorney General and the Comptroller General access for the purpose of audit and examination to pertinent records of a grant recipient and of other persons and entities that are involved in programs for which assistance is provided under this Act. Authorizes appropriations.

Two Strikes and In Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Leave for Parental Involvement in Education Act''. SEC. 2. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL INVOLVEMENT AND FAMILY WELLNESS. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following new paragraph: ``(6) Entitlement to additional leave for parental involvement.-- ``(A) In general.--Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph to participate in or attend a school conference or an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee. ``(B) Limitations.-- ``(i) In general.--An eligible employee is entitled to-- ``(I) not to exceed 8 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 48 hours of leave under this paragraph during any 12-month period. ``(ii) Coordination rule.--Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) Definitions.--As used in this paragraph: ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), or a child care facility. ``(ii) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following new sentence: ``Leave under subsection (a)(6) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following new subparagraph: ``(C) Parental involvement leave.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for any leave under subsection (a)(6). In addition, an eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid medical or sick leave of the employee for leave provided under clause (ii) of subsection (a)(6)(A) for any part of the leave under such clause, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. If the employee elects or the employer requires the substitution of accrued paid leave for leave provided under subsection (a)(6)(A), the employer shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this Act.''. (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph: ``(4) Notice relating to parental involvement.--In any case in which an employee requests leave under paragraph (6) of subsection (a), the employee shall provide the employer with not less than 7 days' notice or as much notice as is practicable before the date the leave is to be taken, of the employee's intention to take leave under such paragraph.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following new subsection: ``(g) Certification Related to Parental Involvement.--An employer may require that a request for leave under section 102(a)(6) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (f) Definition of Grandchild.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following new paragraph: ``(20) Grandchild.--The term `grandchild' means a son or daughter of an employee's son or daughter.''. SEC. 3. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL INVOLVEMENT. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an employee shall be entitled to leave under this paragraph to participate in or attend a school conference or an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee. ``(B)(i) An employee is entitled to-- ``(I) not to exceed 8 hours of leave under this paragraph during any 30-day period; and ``(II) not to exceed 48 hours of leave under this paragraph during any 12-month period. ``(ii) Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. ``(C) For the purpose of this paragraph-- ``(i) the term `school' means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), a Head Start program assisted under the Head Start Act, and a child care facility licensed under State law; and ``(ii) the term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.''. (b) Schedule.--Section 6382(b)(1) of such title is amended-- (1) by inserting after the second sentence the following new sentence: ``Leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule.''; and (2) in the last sentence, by striking ``involved,'' and inserting ``involved (or, in the case of leave under subsection (a)(5), for purposes of any 30-day or 12-month period),''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended-- (1) by inserting ``(1)'' after the subsection designation; and (2) by adding at the end the following: ``(2) An employee may elect to substitute for leave under subsection (a)(5), any of the employee's accrued or accumulated annual or sick leave under subchapter I. If the employee elects to substitute accumulated annual or sick leave for leave provided under subsection (a)(5), the employing agency shall not restrict or limit this substitution or impose any additional terms and conditions on such leave that are more stringent on the employee than the terms and conditions set forth in this subchapter.''. (d) Notice.--Section 6382(e) of such title is amended by adding at the end the following new paragraph: ``(4) In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to be taken, of the employee's intention to take leave under such paragraph.''. (e) Certification.--Section 6383(f) of such title is amended by striking ``paragraph (1)(E) or (3) of section 6382(a)'' and inserting ``paragraph (1)(E), (3), or (5) of section 6382(a)''. (f) Definition of Grandchild.--Section 6381 of title 5, United States Code, is amended-- (1) in paragraph (11)(B), 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 new paragraph: ``(13) the term `grandchild' means a son or daughter of an employee's son or daughter.''.

Family Leave for Parental Involvement in Education Act This bill entitles an employee covered by the Family and Medical Leave Act of 1993 (FMLA) to take up to 8 hours during any 30-day period, and up to 48 hours during any 12-month period, of parental involvement leave to participate in or attend school conferences or activities sponsored by a school or community organization and related to a program attended by the employee's child or grandchild. An employee may elect, or an employer may require, substitution of any of the employee's paid or family leave or paid medical or sick leave for any leave allowed under this bill. Nothing in this bill shall require an employer to grant paid sick leave or paid medical leave in situations where the employer would not normally grant it. The bill imposes on the employee requesting leave certain notification requirements. An employer may require certification supporting such requests. The bill also applies the parental involvement and family wellness leave allowance to federal employees.

Family Leave for Parental Involvement in Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Major Medical Facilities Construction Act of 2002''. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS. The Secretary of Veterans Affairs may carry out the following major medical facility projects, with each project to be carried out in an amount not to exceed the amount specified for that project: (1) Seismic corrections at the Department of Veterans Affairs Medical Center, Palo Alto, California, as follows: (A) Building Number 2, $14,020,000. (B) Building Number 4, $21,750,000. (2) Seismic correction at the Department of Veterans Affairs Medical Center, San Francisco, California, $31,000,000. (3) Seismic correction at the Department of Veterans Affairs Medical Center, West Los Angeles, California, $27,200,000. (4) Seismic correction and clinical improvement at the Department of Veterans Affairs Medical Center, Long Beach, California, $24,600,000. (5) Seismic correction for Building Number 1 at the Department of Veterans Affairs Medical Center, San Diego, California, $47,100,000. (6) Ambulatory Surgery and Clinical Consolidation at the Department of Veterans Affairs Medical Center, Cleveland, Ohio, $32,500,000. (7) Consolidation of Department of Veterans Affairs and Department of Defense health and benefits offices, Anchorage Alaska, $59,000,000. (8) Ward Renovation at the Department of Veterans Affairs Medical Center, West Haven, Connecticut, $15,300,000. (9) Ambulatory Care Expansion at the Department of Veterans Affairs Medical Center, Tampa, Florida, $18,230,000. SEC. 3. AUTHORIZATION OF A MAJOR MEDICAL FACILITY LEASE. The Secretary of Veterans Affairs may enter into a lease for a Satellite Outpatient Clinic, Charlotte, North Carolina, in an amount not to exceed $2,626,000. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2003-- (1) for the Construction, Major Projects, account $285,000,000 for the projects authorized in section 2; and (2) for the Medical Care account, $2,626,000 for the lease authorized in section 3. (b) Limitation.--The projects authorized in section 2 may only be carried out using-- (1) funds appropriated for fiscal year 2003 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2003 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects, for fiscal year 2003 for a category of activity not specific to a project. SEC. 5. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS. (a) Increase in Threshold.--Section 8104(a)(3)(A) of title 38, United States Code, is amended by striking ``$4,000,000'' and inserting ``$6,000,000''. (b) Applicability to Projects Already Funded.--The amendment made by subsection (a) shall apply with respect to any facility project of the Department of Veterans Affairs, except for a project for which the Secretary obligated funds before October 1, 2002. SEC. 6. CRITERIA FOR MINOR CONSTRUCTION PROJECTS. Section 8103 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e) Purpose of Minor Construction Projects.--In selecting medical facilities (including research facilities) for projects under subsection (a) other than major medical facility projects subject to section 8104 of this title, the Secretary shall, to the extent practicable, select projects to improve, replace, renovate, or update facilities to achieve one or more of the following: ``(1) Seismic protection improvements related to patient safety (or, in the case of a research facility, patient or employee safety). ``(2) Fire safety improvements. ``(3) Improvements to utility systems and ancillary patient care facilities (including such systems and facilities that may be exclusively associated with research facilities). ``(4) Improved accommodation for persons with disabilities, including barrier-free access. ``(5) Improvements at patient care facilities to specialized programs of the Department, including the following: ``(A) Blind rehabilitation centers. ``(B) Inpatient and residential programs for seriously mentally ill veterans, including mental illness research, education, and clinical centers. ``(C) Residential and rehabilitation programs for veterans with substance-use disorders. ``(D) Physical medicine and rehabilitation activities. ``(E) Long-term care, including geriatric research, education, and clinical centers, adult day care centers, and nursing home care facilities. ``(F) Amputation care, including facilities for prosthetics, orthotics programs, and sensory aids. ``(G) Spinal cord injury centers. ``(H) Traumatic brain injury programs. ``(I) Women veterans' health programs (including particularly programs involving privacy and accommodation for female patients). ``(J) Facilities for hospice and palliative care programs.''. Passed the House of Representatives May 21, 2002. Attest: JEFF TRANDAHL, Clerk.

Veterans' Major Medical Facilities Construction Act of 2002 - Authorizes the Secretary of Veterans Affairs to carry out specified major medical facility projects in California, Ohio, Alaska, Connecticut, and Florida, in specified amounts.Authorizes the Secretary to enter into a lease for a satellite outpatient clinic in Charlotte, North Carolina, in a specified amount.Authorizes appropriations for FY 2003 for the Construction, Major Projects, account and the Medical Care account.Increases from $4 million to $6 million the major medical facility project threshold.Directs the Secretary, in selecting medical facilities for projects other than major medical facility projects, to the extent practicable, to select projects to improve, replace, renovate, or update facilities to achieve one or more specified purposes, including improvements in: (1) seismic protection related to patient safety; (2) fire safety; (3) utility systems and ancillary patient care facilities; (4) accommodation for person with disabilities; and (5) patient care facilities to specialized programs of the Department of Veterans Affairs.

To authorize the Secretary of Veterans Affairs to carry out construction projects for the purpose of improving, renovating, and updating patient care facilities at Department of Veterans Affairs medical centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maine Coastal Islands Wilderness Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) High-water mark.--The term ``high-water mark'' means the point on the bank or shore up to which the water, by its presence and action or flow, leaves a distinct mark indicated by erosion, destruction of or change in vegetation, or other easily recognizable characteristic. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Additions.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), and subject to subsection (c), the following Federal lands in the State of Maine are hereby designated as wilderness and as components of the National Wilderness Preservation System: (1) Certain lands in the Cross Island National Wildlife Refuge, comprising approximately 1,703 acres, as generally depicted on the map entitled ``Cross Island National Wildlife Refuge: Islands Wilderness Proposal'' and dated May, 2010, which shall be known as the ``Cross Island Wilderness''. Cross Island Wilderness includes six islands in a geographic cluster in Washington County distributed over the following: (A) Cross Island: 1,654 acres. (B) Inner Double Head Shot Island: 8 acres. (C) Outer Double Head Shot Island: 14 acres. (D) Mink Island: 11 acres. (E) Scotch Island: 10 acres. (F) Old Man Island: 6 acres. (2) Certain lands in the Petit Manan National Wildlife Refuge, comprising approximately 1,553 acres, as generally depicted on the maps entitled ``Petit Manan National Wildlife Refuge: Islands Wilderness Proposal'' and dated May, 2010, which shall be known as the ``Maine Coastal Islands Wilderness''. Maine Coastal Islands Wilderness includes seven islands distributed over the following: (A) Outer Heron Island (Lincoln County): 66 acres. (B) Outer White Island (Lincoln County): 16 acres. (C) Little Marshall Island (Hancock County): 14 acres. (D) John's Island (Hancock County): 43 acres. (E) Bois Bubert Island (Washington County): 1,321 acres. (F) Inner Sand Island (Washington County): 18 acres. (G) Halifax Island (Washington County): 75 acres. (b) Maps and Descriptions.-- (1) Filing and availability.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area designated by subsection (a) with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The maps and legal descriptions filed shall be filed and made available for public inspection by the Secretary in the office of the Director of the United States Fish and Wildlife Service. (2) Force and effect.--A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (c) Seaward Boundary of Wilderness Areas.--The seaward boundary of each wilderness area designated by this section shall be the high-water mark. SEC. 4. ADMINISTRATION. (a) Management.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act is deemed to be a reference to the date of enactment of this Act. (b) Incorporation of Acquired Land and Interest.--Any land within the boundary of the land designated as wilderness by section 3 that is acquired by the United States shall-- (1) become part of the wilderness area; and (2) be managed in accordance with this section. (c) Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Maine with respect to wildlife and fish. (d) Buffer Zones.--Congress does not intend for the designation of wilderness areas in the State under this section to lead to the creation of protective perimeters or buffer zones around any wilderness area. (e) Activities or Uses up to Boundaries.--The fact that nonwilderness activities or uses can be seen or heard from within a wilderness designated by this Act shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. (f) Navigational Devices.--Consistent with the purpose of the Wilderness Act, the Secretary may authorize the installation of navigational devices in any wilderness area designated by this Act for the purpose of improving public health and safety. (g) Landing of Watercraft.--Nothing in this Act shall be construed as prohibiting the landing of a watercraft on an island on which is located any area designated as a wilderness area by this Act.

Maine Coastal Islands Wilderness Act of 2011- Designates specified lands in Maine within the Cross Island National Wildlife Refuge, to be known as the Cross Island Wilderness, and within the Petit Manan National Wildlife Refuge, to be known as the Maine Coastal Islands Wilderness, as wilderness and as components of the National Wilderness Preservation System (NWPS).

To designate certain Federal lands within the Cross Island National Wildlife Refuge and the Petit Manan National Wildlife Refuge, part of the Maine Coastal Islands National Wildlife Refuge Complex, in Lincoln County, Hancock County, and Washington County, Maine, as wilderness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Benefit Authors without Limiting Advancement or Net Consumer Expectations (BALANCE) Act of 2003''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The law of copyright is often described as a ``difficult balance between the interests of authors . . . in the control and exploitation of their writings . . . on the one hand, and society's competing interest in the free flow of ideas, information, and commerce on the other hand.'' Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417, 429 (1984). (2) Copyright seeks to encourage and reward creative efforts by securing a fair return for an author's labor. Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 156 (1975). At the same time, ``[f]rom the infancy of copyright protection, some opportunity for fair use of copyrighted materials has been thought necessary to fulfill copyright's very purpose, `[t]o promote the Progress of Science and useful Arts . . .''' Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 575 (1994). (3) ``[P]rivate motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts . . . When technological change has rendered its literal terms ambiguous, the Copyright Act must be construed in light of this basic purpose.'' Twentieth Century Music Corp., 422 U.S. at 156. (4) Advances in technology have often prompted changes to the copyright laws to maintain the balance. For example, the development of player pianos preceded the enactment of the Copyright Act of 1909. The development of cable television prompted complex reforms to section 111 of title 17, United States Code. Sony, 464 U.S. at 430-31. (5) The development of digital technology and the rise of the Internet have once again altered the balance. On the one hand, digital technology threatens the rights of copyright holders. Perfect digital copies of songs and movies can be publicly transmitted, without authorization, to thousands of people at little or no cost. On the other hand, technological control measures give copyright holders the capacity to limit nonpublic performances and threaten society's interests in the free flow of ideas, information, and commerce. (6) The Digital Millennium Copyright Act (``DMCA'') was enacted as an attempt to safeguard the traditional balance in the face of these new challenges. It gave copyright holders the ability to fight digital piracy by employing technical restrictions that prevent unlawful access and copying. In practice, however, the DMCA also endangered the rights and expectations of legitimate consumers. (7) Contrary to the intent of Congress, section 1201 of title 17, United States Code, has been interpreted to prohibit all users--even lawful ones--from circumventing technical restrictions for any reason. As a result, the lawful consumer cannot legally circumvent technological restrictions, even if he or she is simply trying to exercise a fair use or to utilize the work on a different digital media device. See, e.g., Universal City Studios, Inc. v. Reimerdes, 111 F. Supp. 2d 294, 321-24 (S.D.N.Y. 2000) (DMCA failed to give consumers the technical means to make fair uses of encrypted copyrighted works). (8) The authors of the DMCA never intended to create such a dramatic shift in the balance. As the report of the Committee of the Judiciary of the House of Representatives accompanying the DMCA stated: ``[A]n individual [should] not be able to circumvent in order to gain unauthorized access to a work, but [should] be able to do so in order to make fair use of a work which he or she has acquired lawfully.'' House Report 105-551, Part I, Section-by-Section Analysis of section 1201(a)(1). (9) It is now necessary to restore the traditional balance between copyright holders and society, as intended by the 105th Congress. Copyright laws in the digital age must prevent and punish digital pirates without treating every consumer as one. SEC. 3. PROTECTING FAIR USE AND CONSUMER EXPECTATIONS IN THE DIGITAL WORLD. (a) Fair Use.--The first sentence of section 107 of title 17, United States Code, is amended by inserting after ``or by any other means specified in that section,'' the following: ``including by analog or digital transmissions,''. (b) Permissible Uses of Digital Works.-- (1) In general.--Chapter 1 of title 17, United States Code, is amended by adding after section 122 the following: ``Sec. 123. Limitations on exclusive rights; Permissible uses of digital works ``(a) Use of Lawfully Obtained Digital Works.--Notwithstanding the provisions of section 106, it is not an infringement of copyright for a person who lawfully obtains a copy or phonorecord of a digital work, or who lawfully receives a transmission of a digital work, to reproduce, store, adapt, or access the digital work-- ``(1) for archival purposes, if all such archival copies are destroyed or rendered permanently inaccessible in the event that continued possession of the work should cease to be rightful; and ``(2) in order to perform or display the work, or an adaptation of the work, on a digital media device, if the work is not so performed or displayed publicly. ``(b) Effect of Licenses.--When a digital work is distributed to the public subject to nonnegotiable license terms, such terms shall not be enforceable under the common laws or statutes of any State to the extent that they restrict or limit any of the limitations on exclusive rights under this title. ``(c) Definitions.--As used in this section, the following terms have the following meanings: ``(1) A `digital work' is any literary work (except a computer program), sound recording, musical work, dramatic work, or motion picture or other audiovisual work, in whole or in part in a digital or other nonanalog format. ``(2) A `digital media device' is any hardware or software that converts copyrighted works in digital form into a format whereby the images and sounds are visible or audible, or retrieves or accesses copyrighted works in digital format and transfers or makes available for transfer such works to such hardware or software. ``(d) Construction.--Nothing in this section shall enlarge or diminish any of the other limitations on exclusive rights contained in this title, including any limitations that relate to archival activities by a library or an archives under sections 107 and 108.''. (2) Conforming amendment.--The table of sections for chapter 1 of title 17, United States Code, is amended by adding at the end the following new item: ``123. Limitations on exclusive rights; Permissible uses of digital works.''. SEC. 4. DIGITAL FIRST SALE. Section 109 of title 17, United States Code, is amended by adding at the end the following: ``(f) The privileges prescribed by subsections (a) and (c) apply in a case in which the owner of a particular copy or phonorecord of a work in a digital or other nonanalog format, or any person authorized by such owner, sells or otherwise disposes of the work by means of a transmission to a single recipient, if the owner does not retain the copy or phonorecord in a retrievable form and the work is so sold or otherwise disposed of in its original format.''. SEC. 5. PERMISSIBLE CIRCUMVENTION TO ENABLE FAIR USE AND CONSUMER EXPECTATIONS. Section 1201 of title 17, United States Code, is amended-- (1) by redesignating subsections (c) through (k) as subsections (d) through (l), respectively; and (2) by inserting after subsection (b) the following: ``(c) Circumvention for Noninfringing Uses.--(1) Notwithstanding any other provision in this title, a person who lawfully obtains a copy or phonorecord of a work, or who lawfully receives a transmission of a work, may circumvent a technological measure that effectively controls access to the work or protects a right of the copyright holder under this title if-- ``(A) such act is necessary to make a noninfringing use of the work under this title; and ``(B) the copyright owner fails to make publicly available the necessary means to make such noninfringing use without additional cost or burden to such person. ``(2) Notwithstanding the provisions of subsections (a)(2) and (b), any person may manufacture, import, offer to the public, provide, or otherwise make available technological means to circumvent a technological measure that effectively controls access to a work protected under this title or protects a right of a copyright holder under this title, if-- ``(A) such means are necessary to make a noninfringing use under paragraph (1)(A); ``(B) such means are designed, produced, and marketed to make a noninfringing use under paragraph (1)(A); and ``(C) the copyright owner fails to make available the necessary means referred to in paragraph (1)(B).''.

Benefit Authors without Limiting Advancement or Net Consumer Expectations (BALANCE) Act of 2003 - Amends Federal copyright law to: (1) include analog or digital transmissions of a copyrighted work within fair use protections; (2) provide that it is not a copyright infringement for a person who lawfully obtains or receives a transmission of a digital work to reproduce, store, adapt, or access it for archival purposes or to transfer it to a preferred digital media device in order to effect a non-public performance or display; (3) allow the owner of a particular copy of a digital work to sell or otherwise dispose of the work by means of a transmission to a single recipient, provided the owner does not retain his or her copy in a retrievable form and the work is sold or otherwise disposed of in its original format; and (4) permit circumvention of copyright encryption technology if it is necessary to enable a noninfringing use and the copyright owner fails to make publicly available the necessary means for circumvention without additional cost or burden to a person who has lawfully obtained a copy or phonorecord of a work, or lawfully received a transmission of it.

To amend title 17, United States Code, to safeguard the rights and expectations of consumers who lawfully obtain digital entertainment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Information Reporting Act of 2011''. SEC. 2. REPORTING AND COMPILATION OF PARTICIPATION DATA. (a) Definitions.--In this Act-- (1) the term ``agency'' has the meaning given under section 551(1) of title 5, United States Code; (2) the term ``General Services Administration Office'' means-- (A) except as provided under subparagraph (B), the Regulatory Information Service Center; or (B) another office within the General Services Administration designated by the Administrator of General Services; (3) the term ``participant'' means the employing or affiliated organization of an individual representing interests before an agency promulgating a rule; (4) the term ``rule'' has the meaning given under section 551(4) of title 5, United States Code; and (5) the term ``rulemaking'' has the meaning given under section 551(5) of title 5, United States Code. (b) Representation by Participants.--For purposes of this section, a participant represents-- (1) an economic interest when the participant-- (A) has a substantial economic interest in the outcome of the rulemaking; (B) represents an entity with a substantial economic interest in the outcome of the rulemaking; or (C) represents an association that receives substantial membership dues or contributions from entities that have a substantial economic interest in the outcome of the rulemaking; (2) a non-economic interest when the participant claims to represent the public at large and does not represent an economic interest; (3) a citizen interest when the participant does not claim to represent the public at large and does not represent an economic interest; and (4) an unknown interest if the promulgating agency cannot reasonably discern whether the participant represents an economic, non-economic, or citizen interest. (c) Submission of Regulatory Information to General Services Administration.--Before publication in the Federal Register of a final rule under section 553 of title 5, United States Code, the promulgating agency shall submit to the General Services Administration Office a list of all non-Federal Government participants who provided public comments to the agency on the rule, specifying, as reasonably possible-- (1) the name and address of the participant; (2) the participant's organizational affiliation, where appropriate; (3) whether the participant represents an economic interest, a non-economic interest, a citizen interest, or an unknown interest; and (4) whether any comment of the participant affected or did not affect the content of the final rule. (d) Compilation, Publication, and Reporting of Information by General Services Administration.-- (1) Searchable database.--The General Services Administration Office shall compile the information provided by promulgating agencies under subsection (c) into a searchable database made publicly available on the Internet. The database shall be kept as current as reasonably possible. (2) Quarterly trend and overview statistics.--The General Services Administration Office shall make publicly available on the Internet quarterly trend and overview statistics. The General Services Administration Office shall present the data received from promulgating agencies in a manner so as to facilitate oversight, and shall emphasize the relative level and effectiveness of participation in the regulatory process of economic, non-economic, and citizen interests. (3) Annual reports.--The General Services Administration Office shall submit an annual report to the relevant committees of Congress that summarizes the data received from promulgating agencies, with an emphasis on the relative level and effectiveness of participation in the regulatory process of economic, non-economic, and citizen interests. (4) Consultation.--In performing its duties under this section, the General Services Administration Office shall consult with the Administrative Conference of the United States as the General Services Administration Office determines appropriate. (e) Regulations.--Not later than 90 days after the date of enactment of this Act, the Administrator of General Services shall promulgate regulations necessary to implement this section. SEC. 3. EFFECTIVE DATE. This Act shall take effect 180 days after the date of enactment of this Act.

Regulatory Information Reporting Act of 2011 - Requires federal agencies, prior to publishing a final rule in the Federal Register, to submit to the Regulatory Information Service Center (RISC) of the General Services Administration (GSA) or another office within GSA as designated by the Administrator of GSA a list of all non-federal participants who provided public comments to an agency promulgating a rule. Requires such list to provide the participant's name and address, the participant's organizational affiliation, whether the participant represents an economic interest, a non-economic interest, a citizen interest, or an unknown interest, and whether any comment of the participant affected or did not affect the content of the final rule. Requires the RISC to: (1) compile and keep current such information obtained on non-federal participants in a searchable database made publicly available on the Internet, (2) make available quarterly trend and overview statistics, and (3) submit annual reports to Congress summarizing data received from agencies promulgating a rule.

A bill to provide for the compilation and reporting of participation data relating to Federal rulemaking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursery and Tropical Fruit Producer Hurricane Relief Act''. SEC. 2. CROP DISASTER ASSISTANCE FOR NURSERY CROP AND TROPICAL FRUIT PRODUCERS. (a) Emergency Financial Assistance.--Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to-- (1) commercial ornamental nursery and fernery producers in a disaster county for eligible inventory losses due to Hurricane Dennis, Hurricane Katrina, or Hurricane Rita; and (2) tropical fruit producers in a disaster county who have suffered a loss of 35 percent or more relative to their expected production, as defined in part 1480.3 of title 7, Code of Federal Regulations, due to Hurricane Dennis, Hurricane Katrina, or Hurricane Rita. (b) Administration.-- (1) Determination of commercial operations.--For a nursery or fernery producer to be considered a commercial operation for purposes of subsection (a)(1) or (d)(1), the producer must be registered in the State in which the producer conducts business. (2) Determination of eligible inventory.--For purposes of subsection (a)(1), eligible nursery and fernery inventory includes foliage, floriculture, and woody ornamental crops, including stock used for propagation, and fruit or nut seedlings grown for sale as seed stock for commercial orchard operations growing fruit or nuts. Eligible inventory does not include edible varieties or plants produced for reforestation purposes or for the purpose of producing a crop that is neither an insurable commodity nor a noninsurable commodity. (c) Calculation of Losses and Payments.-- (1) Nursery and fernery producers.--For purposes of subsection (a)(1), inventory losses for a nursery or fernery producer shall be determined on an individual-nursery or fernery basis, and the Secretary shall not offset inventory losses at one nursery or fernery location by salvaged inventory at another nursery or fernery operated by the same producer. Payment amounts shall be equal to the product obtained by multiplying-- (A) the difference between the pre-disaster and post-disaster inventory value, as determined by the Secretary using the producer's wholesale price list, less the maximum customer discount provided by the producer, and not to exceed the prices in the Department of Agriculture publication entitled ``Eligible Plant List and Price Schedule''; (B) 25 percent; and (C) the producer's share of the loss. (2) Tropical fruit producers.--For purposes of subsection (a)(2), payment amounts for a tropical fruit producer shall be equal to the product obtained by multiplying-- (A) the number of acres affected; (B) the payment rate; and (C) the producer's share of the crop. (3) Payment limitation.--The total amount of payments to a person (defined as provided in section 1001(e) of Food Security Act of 1985 (7 U.S.C. 1308)) under paragraph (1) or (2) of subsection (a) may not exceed $80,000. (d) Debris-Removal Assistance.-- (1) Availability of assistance.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to commercial ornamental nursery and fernery producers in a disaster county to help cover costs incurred for debris removal and associated cleanup due to Hurricane Dennis, Hurricane Katrina, or Hurricane Rita. (2) Amount of assistance.--Assistance under this subsection may not exceed the actual costs incurred by the producer or $250 per acre, whichever is less. The Secretary shall not impose any limitation on the maximum amount of payments that a producer may receive under this subsection. (e) Nondiscrimination.--In carrying out this section, the Secretary shall not discriminate against or penalize producers who did not purchase crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) with respect to an insurable commodity or did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) with respect to a noninsurable commodity, except that payment rates under this section shall be five percent less for such producers and the producers must comply with subsection (f). (f) Contract to Procure Crop Insurance or NAP.--In the case of a producer described in subsection (e) who receives any assistance under this section, the producer shall be required to enter into a contract with the Secretary under which the producer agrees-- (1) in the case of all insurable commodities grown by the producer during the next available coverage period-- (A) to obtain at least catastrophic risk protection for those commodities under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (B) in the event of violation of the contract, to repay to the Secretary any payment received under this section; and (2) in the case of all noninsurable commodities grown by the producer during the next available coverage period-- (A) to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for those commodities under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and (B) in the event of violation of the contract, to repay to the Secretary any payment received under this section. (g) Relation to Other Assistance.-- (1) Link to actual losses.--Assistance provided under subsection (a) to a producer for losses to a crop, together with the amounts specified in paragraph (2) applicable to the same crop, may not exceed 100 percent of what the value of the crop would have been in the absence of the losses, as estimated by the Secretary. (2) Other payments.--In applying the limitation in paragraph (1), the Secretary shall include the following: (A) Any crop insurance payment made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment under section 196 of the Federal Agricultural Improvement and Reform Act of 1996 (7 U.S.C. 7333) that the producer receives for losses to the same crop. (B) Assistance received under any other emergency crop loss authority. (C) The value of the crop that was not lost (if any), as estimated by the Secretary. (h) Adjusted Gross Income Limitation.--The adjusted gross income limitation, specified in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a), shall apply to the provision of assistance under this section. (i) Definitions.--In this section: (1) Catastrophic risk protection.--The term ``catastrophic risk protection'' means the level of insurance coverage provided under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)). (2) Disaster county.--The term ``disaster county'' means a county included in the geographic area covered by a natural disaster declaration-- (A) made by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) due to Hurricane Dennis, Hurricane Katrina, or Hurricane Rita in 2005; or (B) made by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to Hurricane Dennis, Hurricane Katrina, or Hurricane Rita. (3) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity for which producers are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (4) Noninsurable commodity.--The term ``noninsurable commodity'' means an eligible crop for which producers are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. EMERGENCY CONSERVATION PROGRAM. (a) Specific Inclusion of Nursery and Fernery Producers.--Section 405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2205) is amended by adding at the end the following new sentence: ``For purposes of this title, the term `agricultural producer' includes a producer of nursery or fernery crops.''. (b) Application of Amendment.--The Secretary of Agriculture shall implement the amendment made by subsection (a) beginning in counties declared to be disaster areas by the President or the Secretary due to Hurricane Dennis, Hurricane Katrina, or Hurricane Rita. SEC. 4. TREE ASSISTANCE PROGRAM. (a) Specific Inclusion of Nursery Trees.--Sections 10201 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Eligible orchardist.--The term `eligible orchardist' means-- ``(A) a person that produces annual crops from trees for commercial purposes; or ``(B) a nursery grower that produces field-grown trees, container-grown trees, or both, whether or not the trees produce an annual crop, intended for replanting after commercial sale.''. (b) Application of Amendment.--The Secretary of Agriculture shall implement the amendment made by subsection (a) beginning in counties declared to be disaster areas by the President or the Secretary due to Hurricane Dennis, Hurricane Katrina, or Hurricane Rita. SEC. 5. ADMINISTRATION. The Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act, and such funds shall remain available until expended. SEC. 6. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act and the amendments made by this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act and the amendments made by this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. SEC. 7. EMERGENCY DESIGNATION. The amounts provided under this Act or under amendments made by this Act to respond to Hurricane Dennis, Hurricane Katrina, or Hurricane Rita are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).

Nursery and Tropical Fruit Producer Hurricane Relief Act - Directs the Secretary of Agriculture to use necessary Commodity Credit Corporation (CCC) funds to make emergency financial assistance available to: (1) commercial ornamental nursery and fernery producers in a disaster county for eligible inventory losses due to Hurricane Dennis, Katrina, or Rita; and (2) tropical fruit producers in a disaster county who have suffered a loss of 35 percent or more relative to expected production, due to any of those hurricanes. Provides for the calculation of losses and payments. Directs the Secretary to use necessary CCC funds to make emergency financial assistance to commercial ornamental nursery and fernery producers in a disaster county to help cover debris removal and associated costs due to any of those hurricanes. Amends the: (1) Agricultural Credit Act of 1978 to include a producer of nursery or fernery crops within the term "agricultural producer" for purposes of its emergency conservation program; and (2) Farm Security and Rural Investment Act of 2002 to include nursery growers that produce field- or container-grown trees within the term "eligible orchardist" for purposes of its tree assistance program. Designates amounts provided under this Act as an emergency requirement under the FY2006 Concurrent Budget Resolution.

To provide assistance to nursery crop and tropical fruit producers whose agricultural operations were severely damaged by Hurricane Dennis, Hurricane Katrina, or Hurricane Rita in 2005.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High-Need Physician Workforce Incentives Act of 2007''. SEC. 2. HIGH-NEED PHYSICIAN SPECIALTY WORKFORCE INCENTIVES. Page E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``Subpart 3--High-Need Physician Specialty Workforce Incentives ``SEC. 775. SCHOLARSHIP PROGRAM. ``(a) Purpose.--The purpose of this section is to alleviate critical shortages of physicians in the fields of family practice, internal medicine, pediatrics, emergency medicine, general surgery, and obstetrics-gynecology. ``(b) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants to critical shortage health facilities to carry out a scholarship program described in this section. ``(c) Scholarships.--A health facility receiving a grant under this section shall use the grant to enter into contracts with eligible individuals under which-- ``(1) the facility agrees to provide the individual with a scholarship for each school year (not to exceed 4 school years) in which the individual is enrolled as a full-time student in a school of medicine or a school of osteopathic medicine; and ``(2) the individual agrees-- ``(A) to maintain an acceptable level of academic standing; ``(B) to complete a residency in the field of family practice, internal medicine, pediatrics, emergency medicine, general surgery, or obstetrics- gynecology; and ``(C) after completing the residency, to serve as a physician at such facility in such field for a time period equal to the greater of-- ``(i) one year for each school year for which the individual was provided a scholarship under this section; or ``(ii) two years. ``(d) Amount of Scholarship.-- ``(1) In general.--The amount paid by a health facility to an individual through a scholarship under this section shall not exceed $30,000 for any school year. ``(2) Considerations.--In determining the amount of a scholarship to be provided to an individual under this section, a health facility may take into consideration the individual's financial need, geographic differences, and educational costs. ``(3) Exclusion from gross income.--For purposes of the Internal Revenue Code of 1986, gross income shall not include any amount received as a scholarship under this section. ``(e) Application of Certain Provisions.--The provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established under this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart. ``(f) Definitions.--In this subsection: ``(1) The term `critical shortage health facility' means a public or private nonprofit health facility that does not serve a health professional shortage area (as such term is defined in section 332), but has a critical shortage of physicians (as determined by the Secretary) in the field of family practice, internal medicine, pediatrics, emergency medicine, general surgery, or obstetrics-gynecology. ``(2) The term `eligible individual' means an individual who is enrolled or accepted for enrollment as a full-time student in an accredited school of medicine or school of osteopathic medicine. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2008 through 2012. ``SEC. 776. LOAN REPAYMENT PROGRAM. ``(a) Purpose.--The purpose of this section is to alleviate critical shortages of physicians in the fields of family practice, internal medicine, pediatrics, emergency medicine, general surgery, and obstetrics-gynecology. ``(b) Loans.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program of entering into contracts with eligible individuals under which-- ``(1) the individual agrees to serve-- ``(A) as a physician in the field of family practice, internal medicine, pediatrics, emergency medicine, general surgery, or obstetrics-gynecology; and ``(B) in an area that is not a health professional shortage area (as such term is defined in section 332), but has a critical shortage of physicians (as determined by the Secretary) in such field; and ``(2) the Secretary agrees to pay, for each year of such service, not more than $35,000 of the principal and interest of the undergraduate or graduate educational loans of the individual. ``(c) Service Requirement.--A contract entered into under this section shall allow the individual receiving the loan repayment to satisfy the service requirement described in subsection (b)(1) through employment in a solo or group practice, a clinic, a public or private nonprofit hospital, or any other appropriate health care entity. ``(d) Application of Certain Provisions.--The provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in this section to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in such subpart. ``(e) Definition.--In this section, the term `eligible individual' means an individual with a degree in medicine or osteopathic medicine. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2008 through 2012. ``SEC. 777. PRIMARY CARE PHYSICIAN RETENTION AND MEDICAL HOME ENHANCEMENT GRANTS. ``(a) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants to States to provide care management fees to physicians in medically underserved communities to support the provision of targeted, accessible, continuous, coordinated, and patient-centered care through a qualified medical home. ``(b) Qualified Medical Homes.-- ``(1) In general.--In this section, the term `qualified medical home' means a physician-directed practice that is certified as a qualified medical home in accordance with this subsection. ``(2) Actions by secretary.--Not later than 90 days after the date of the enactment of this subpart, the Secretary shall-- ``(A) designate one or more objective external private-sector entities to certify physician-directed practices as qualified medical homes; and ``(B) issue requirements for such certification. ``(3) Requirements.--The requirements referred to in paragraph (2)(B) shall set forth a certification process whereby-- ``(A) a physician-directed practice, in consultation with the State where the practice is located, submits an application on a voluntary basis to an entity designated by the Secretary under paragraph (2)(A); and ``(B) the entity certifies the practice as a qualified medical home if the practice demonstrates that the practice has capabilities to achieve improvements in the management and coordination of care of patients described in paragraph (4) by incorporating attributes of the care management model described in paragraph (5). ``(4) Eligible patients.--The patients referred to in paragraph (3)(B)-- ``(A) are patients determined by the State involved under criteria developed by the Secretary to be underserved, special needs, or high risk patients; and ``(B) shall include individuals who-- ``(i) are eligible for medical assistance under title XIX of the Social Security Act; ``(ii) are eligible for child health assistance under title XXI of the Social Security Act; or ``(iii) otherwise lack health insurance. ``(5) Care management model.--The care management model referred to in paragraph (3)(B) is a model that uses health information technology and other physician-practice innovations to improve the management and coordination of patient care. Such a model includes the following conditions: ``(A) Physicians advocate for their patients to support the attainment of optimal, patient-centered outcomes that are defined by a care planning process driven by a partnership between physicians, patients, and the patient's family. ``(B) Evidence-based medicine and clinical decision-support tools guide decision making. ``(C) Physicians in the practice accept accountability for continuous quality improvement through voluntary engagement in performance measurement and improvement. ``(D) Patients actively participate in decisionmaking; patients take personal responsibility for their own health through diet and lifestyle changes; and feedback is sought to ensure that patients' expectations are being met. ``(E) Information technology is utilized appropriately to support optimal patient care, performance measurement, patient education, and enhanced communication. ``(F) Patients and families participate in quality improvement activities at the practice level. ``(c) Amount of Care Management Fee.-- ``(1) In general.--As a condition on the receipt of a grant under this section, a State shall agree to determine the amount of each care management fee provided through the grant in accordance with the guidance issued by the Secretary under paragraph (2). ``(2) Guidance.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue guidance for determining the amount of a care management fee to be provided through a grant under this section. Such guidance shall take into account the costs of implementation, additional time by participating physicians, and training associated with compliance with this section. Such guidance shall include-- ``(A) recognition of the value of physician and clinical staff work associated with patient care that falls outside the face-to-face visit, such as the time and effort spent on educating family caregivers and arranging appropriate follow-up services with other health care professionals, such as nurse educators; ``(B) recognition of expenses that the qualified medical home will incur to acquire and utilize health information technology, such as clinical decision support tools, patient registries, and electronic medical records; ``(C) additional performance-based reimbursement payments based on reporting on evidence-based quality, cost of care, and patient experience measures; ``(D) reimbursement for separately identifiable e- mail and telephonic consultations, either as separately-billable services or as part of a global management fee; ``(E) recognition of the specific circumstances and expenses associated with physician practices of fewer that 5 full-time employees in implementing the attributes of a qualified medical home and care management model described in subsection (b); and ``(F) recognition and sharing of savings that may result from a qualified medical home. ``(d) Application.--A State seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Each such application shall describe the methodologies to be used by the State to determine the amount of care managements fees to be provided through the grant. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012. ``SEC. 778. COMPREHENSIVE GERIATRIC TRAINING GRANTS. ``(a) Grants.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants to board-certified entities to establish or expand geriatric fellowship programs described in subsection (b). ``(b) Geriatric Fellowship Programs.--A geriatric fellowship program funded through a grant under this section shall provide 1-year fellowships to train physicians practicing in rural areas or in the field of family practice, internal medicine, emergency medicine, general surgery, or obstetrics-gynecology, at any time during their careers, in geriatric medicine. ``(c) Amount.--As a condition on the receipt of a grant under this section, an entity shall agree to expend not more than $50,000 of the grant per fellow. ``(d) Preference.--In awarding grants under this section, the Secretary shall give preference to entities seeking to establish or expand a fellowship program in a rural area, a suburban area, or a medically underserved community. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2008 through 2012. ``SEC. 779. REPORTS TO CONGRESS. ``Not later than 1 year after the date of the enactment of the High-Need Physician Workforce Incentives Act of 2007, and annually thereafter, the Secretary shall submit a report to the Congress-- ``(1) identifying the number of grants and loans made under this section during the preceding 12-month period; and ``(2) describing the results achieved through such grants and loans, including the extent to which such grants and loans met the needs of the physician workforce in rural areas and in the fields of family practice, internal medicine, pediatrics, emergency medicine, general surgery, and obstetrics- gynecology.''. SEC. 3. EXEMPTION FROM GROSS INCOME FOR CERTAIN COMPENSATION PAID TO PHYSICIANS BY LOCAL GOVERNMENTS FOR SERVICE IN MEDICALLY UNDERSERVED AREAS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by adding at the end the following new section: ``SEC. 139B. CERTAIN COMPENSATION PAID TO PHYSICIANS BY LOCAL GOVERNMENTS FOR SERVICE IN MEDICALLY UNDERSERVED AREAS. ``(a) In General.--Gross income does not include compensation received by a physician (as defined in section 1861(r) of the Social Security Act) from a local government (as defined in section 1393(a)(5)) for qualified medical service. ``(b) Qualified Medical Service.--For purposes of this section, the term `qualified medical service' means medical care described in section 213(d)(1)(A) which is performed-- ``(1) in a medically underserved community (as defined in section 799B(6) of the Public Health Service Act), and ``(2) under a contract with the local government referred to in subsection (a) for the performance of such services for a period of not less than 4 years. ``(c) No Exemption From Employment Taxes.--Compensation shall not fail to be taken into account as wages under any provision of subtitle C solely because such compensation is excluded from gross income under this section.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Certain compensation paid to physicians by local governments for service in medically underserved areas.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

High-Need Physician Workforce Incentives Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to make grants to critical shortage health facilities for scholarships to individuals agreeing to serve as a physician at such facility after completing residency in the fields of family practice, internal medicine, pediatrics, emergency medicine, general surgery, or obstetrics-gynecology. Excludes such scholarship funds from an individual's gross income. Requires the Secretary, acting through the Administrator, to: (1) establish a loan repayment program for individuals agreeing to serve as physicians in specified fields in areas that are not health professional shortage areas, but that have a critical shortage of physicians in such field; (2) make grants to states to provide care management fees to physicians in medically underserved communities to support the provision of targeted, accessible, continuous, coordinated, and patient-centered care through a qualified medical home; and (3) make grants to board-certified entities to establish or expand geriatric fellowship programs to train physicians practicing in rural areas or in specified fields in geriatric medicine. Amends the Internal Revenue Code to exclude from an individual's gross income compensation received by a physician from a local government for medical care performed: (1) in a medically underserved community; and (2) under a contract with the local government for a period of not less than four years.

To amend the Public Health Service Act to alleviate critical shortages of physicians in the fields of family practice, internal medicine, pediatrics, emergency medicine, general surgery, and obstetrics-gynecology, and for other purposes.

SECTION 1. SHORT TITLE. This act may be cited as ``The International Whaling Moratorium Enforcement Act of 1993''. SEC. 2. POLICY AND FINDINGS. (a) Policy.--It is the policy of the United States to continue to enforce, through the International Whaling Commission, the indefinite cessation of the commercial killing of whales. (b) Findings.-- (1) In 1982, the International Convention for the Regulation of Whaling was amended to put into force an indefinite cessation of commercial whaling beginning in the 1985-86 whaling season. (2) The indefinite cessation of whaling has never been fully implemented, because Japan and Norway have continued commercial whaling operations under the guise of ``scientific research''. (3) The countries of Japan, Iceland and Norway have announced their intention to seek an end to the International Whaling Commission moratorium on commercial whaling. (4) In June 1992, Norway announced its intention to resume commercial whaling in the summer of 1993 in defiance of the International Whaling Commission's indefinite cessation of commercial whaling. (5) Iceland withdrew its membership in the International Whaling Commission, effective June 30, 1992, and has sought to further erode the authority of the International Whaling Commission by requesting a commercial whaling quota from the North Atlantic Marine Mammal Commission, a regional group that has no authority to set quotas for whaling. (6) The United States has, together with sixteen other member nations of the International Whaling Commission, urged Norway to reconsider its announced intention to resume commercial whaling. (7) On October 26, 1992, the Secretary of Commerce certified, pursuant to the Pelly Amendment to the Fishermen's Protective Act of 1967 (22 U.S.C. 1978), that Norway's activities under its scientific research whaling program diminished the effectiveness of the International Whaling Commission's conservation program. (8) Pursuant to Agenda 21 of the United Nations Conference on Environment and Development, the International Whaling Commission is the international organization responsible for the management and conservation of cetacean species, but to date has no means by which to enforce its authority. SEC. 3. CERTIFICATIONS. (a) Certification of Noncompliance.--Not later than January 1, 1994, the President shall certify to the Congress each country that has not completely ceased forbidden whaling operations. (b) Action by the President.-- (1) Certification under the fishermen's protective act of 1967.--If a certification is made under subsection (a) with respect to any country, such certification shall be deemed to be a certification for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). Upon such certification all other applicable provisions of section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978), including subsections (b) through (g), shall apply. (2) Prohibition against importing fish and fish products.-- If a certification is made under subsection (a) with respect to any country, the President shall direct the Secretary of the Treasury to immediately prohibit the bringing or importation into the United States of fish and fish products from such country. Not later than fifteen days after such certification, the President shall notify the Congress of any action taken by him under this subsection. Subsections (c), (e), (f), and (g) of section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. (c), (e), (f), and (g)) shall apply with respect to any prohibition on importation imposed under this subsection. (d) Additional Economic Sanctions.-- (1) In general.--If-- (A) a certification is made under subsection (a) and the President determines that the economic sanctions imposed under subsection (b)(2) are insufficient to stop the country from engaging in forbidden whaling operations, (B) a certification is not made under subsection (a) and the President determines at any time after January 1, 1994, that a country is engaging in forbidden whaling operations, or (C) any country against which an action has been taken under subsection (b) retaliates against the United States as a result of such action, the President is authorized to impose additional economic sanctions against such country. (2) Scope of additional economic sanctions.--In addition to the prohibition on importation described in subsection (b)(2), the President is authorized to impose additional economic sanctions, including the imposition of duties, import bans or other import restrictions on the goods of, and notwithstanding any other provision of law, fees or restrictions on the services of a country to which this Act applies. (3) Action by president.--The President shall notify the Congress within fifteen days, if either-- (A) an event described in paragraph (1) occurs, or (B) the President imposes additional economic sanctions under this subsection. (e) Duration of Restrictions.--Any sanction imposed against a country under subsection (b) or (c) shall remain in effect until such time as the President certifies to the Congress that such country has completely ceased forbidden whaling operations. (f) Definitions.--For purposes of this section-- (1) Forbidden whaling operations.--The term ``forbidden whaling operations'' means whaling operations which are not authorized and specifically approved by the International Whaling Commission or otherwise diminish the effectiveness of any conservation program under the International Convention for the Regulation of Whaling. (2) Fish and fish products.--The term ``fish and fish products'' has the meaning given the term ``fish products'' in section 8(h)(4) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(h)(4)).

International Whaling Moratorium Enforcement Act of 1993 - Directs the President to certify to the Congress each country that has not completely ceased whaling operations which are not authorized and specifically approved by the International Whaling Commission or which otherwise diminish the effectiveness of any conservation program under the International Convention for the Regulation of Whaling. Deems that certification to be a certification under specified provisions of the Fishermen's Protective Act, requiring the application of related provisions, including those prohibiting the importation of fish and wildlife products from the offending country. Mandates such a ban on fish and fish products. Authorizes additional economic sanctions if the fish and fish products ban is insufficient to stop such whaling.

International Whaling Moratorium Enforcement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Freedom Act of 1997''. SEC. 2. FIELD OF MEMBERSHIP OF FEDERAL CREDIT UNIONS. Section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by striking ``Federal credit union membership shall be limited to groups having a common bond'' and inserting ``the membership of any Federal credit union shall be limited to 1 or more groups each of which have (within such group) a common bond''. SEC. 3. REPEAL OF COMMUNITY REINVESTMENT ACT OF 1977. The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is hereby repealed. SEC. 4. REDUCED TAX RATE FOR QUALIFIED COMMUNITY LENDERS. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax on corporations) is amended by adding at the end the following new subsection: ``(e) Reduced Tax Rate for Qualified Community Lenders.-- ``(1) In general.--In the case of a qualified community lender, the tax imposed by subsection (a) for any taxable year shall not exceed 15 percent of the excess (if any) of-- ``(A) taxable income for such year, over ``(B) $250,000. ``(2) Qualified community lender.--For purposes of this paragraph, the term `qualified community lender' means an insured depository institution (as defined by section 3(c) of the Federal Deposit Insurance Act) if, as determined at the end of the institution's taxable year-- ``(A) 60 percent of the aggregate outstanding loans made by such institution, its parent, and its affiliates, consist of loans made to borrowers who are-- ``(i) not related persons with respect to such institution, and ``(ii)(I) are residents of the local community in which such institution is chartered, or ``(II) are engaged in a trade or business in such community, but only if such loans are made with respect to such trade or business in such community, ``(B) two-thirds or more of the common stockholders of record of such institution or its parent company are residents of, or engaged in a trade or business in, such community, ``(C) less than 10 percent of all outstanding common stock of such institution or its parent is owned directly or indirectly by persons other than individuals, ``(D) neither the common stock of such institution nor the common stock of its parent is publicly traded on an established securities market, and ``(E) the aggregate assets of such institution, its parent, and its affiliates do not exceed $5,000,000,000. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Affiliate.--The term `affiliate', with respect to any institution, has the meaning given such term by paragraphs (1) and (2) of section 23A(b) of the Federal Reserve Act (determined without regard to section 23A(b)(2)(E) of such Act). ``(B) Parent.-- ``(i) In general.--The term `parent' means, with respect to an institution-- ``(I) any company which has control of such institution, and ``(II) any company which has control of a company described in subclause (I). ``(ii) Company and control.--The terms `company' and `control' have the respective meanings given such terms by section 2 of the Bank Holding Company Act of 1956. ``(C) Related person.--Persons shall be treated as related to each other if the relationship between such persons is described in section 267(b) or 707(b). ``(4) Inflation adjustment.--In the case of a taxable year beginning in a calendar year after 1997, the $250,000 amount contained in paragraph (1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1996' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $500, such amount shall be rounded to the nearest multiple of $500.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Financial Freedom Act of 1997 - Amends the Federal Credit Union Act to limit Federal credit union membership to one or more groups each of which has a common bond within such group. Repeals the Community Reinvestment Act of 1977. Amends the Internal Revenue Code to reduce the corporate tax rate for qualified community lenders.

Financial Freedom Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Drug Treatment Alternative Sentencing Act of 2000''. SEC. 2. ESTABLISHMENT. Notwithstanding any other provision of law, the court, upon the conviction of an individual for a misdemeanor under section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)), if the individual is a defendant described in section 3553(f)(2) of title 18, United States Code, shall consider sentencing that individual to a term of probation that includes a condition, or a term of imprisonment that includes a recommendation, of participation in substance abuse treatment, including a rehabilitation program as described under this Act. SEC. 3. PROBATION PROGRAMS. (a) Generally.--If the court orders probation pursuant to section 2, the sentence of probation shall be subject to subtitle B of chapter 227 of title 18, United States Code. In considering discretionary conditions of probation under section 3563(b) of such title, the court shall consider and use, where appropriate to assure participation in substance abuse treatment, any of the following: (1) Day fines. (2) House arrest. (3) Electronic monitoring. (4) Intensive probation supervision. (5) Day reporting centers. (6) Victim-offender reconciliation. (7) Intermittent confinement. (8) Treatment in a therapeutic community. (b) Alternative Sentence.--In order to assure participation in substance abuse treatment each offender who participates in a substance abuse program pursuant to this section shall serve a sentence of imprisonment with respect to the underlying offense if that offender does not successfully complete such a substance abuse treatment program. (c) Preference for Community-Based Programs.--The court shall order, to the greatest extent practicable, that substance abuse treatment for an individual sentenced under subsection (a) shall be provided in the locality in which the individual resides. SEC. 4. REHABILITATION PROGRAM. (a) In General.--The Bureau of Prisons (hereinafter in this Act referred to as the ``Bureau'') shall maintain a rehabilitation program for offenders sentenced to incarceration under this Act. The program shall consist of-- (1) residential substance abuse treatment; and (2) aftercare services. (b) Report.--The Bureau of Prisons shall transmit to the Congress on January 1, 2002, and on January 1 of each year thereafter, a report. Such report shall contain-- (1) a detailed quantitative and qualitative description of each substance abuse treatment program, residential or not, operated by the Bureau; and (2) a complete statement of to what extent the Bureau has achieved compliance with the requirements of this Act. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``residential substance abuse treatment'' means a course of individual and group activities, lasting between 9 and 12 months, in residential treatment programs-- (A) directed at the substance abuse problems of the convicted person; (B) intended to develop a person's cognitive, behavioral, social, vocational, and other skills so as to solve the convicted person's substance abuse and related problems; and (C) shall include-- (i) addiction education; (ii) individual, group, and family counseling pursuant to individualized treatment plans; (iii) opportunity for involvement in Alcoholics Anonymous, Narcotics Anonymous, or Cocaine Anonymous; (iv) parenting skills training, domestic violence counseling, and sexual abuse counseling, where appropriate; (v) HIV education counseling and testing, when requested, and early intervention services for seropositive individuals; (vi) services that facilitate access to health and social services, where appropriate and to the extent available; and (vii) planning for and counseling to assist reentry into society, including referrals to appropriate educational, vocational, and other employment-related programs (to the extent available), referrals, to appropriate outpatient or other drug or alcohol treatment, counseling, transitional housing, and assistance in obtaining suitable affordable housing and employment upon completion of treatment (and release from prison, if applicable); (2) the term ``aftercare services'' means a course of individual and group treatment for a minimum of one year or for the remainder of the term of incarceration if less than one year, involving sustained and frequent interaction with individuals who have successfully completed a program of residential substance abuse treatment, and shall include consistent personal interaction between the individual and a primary counselor or case manager, participation in group and individual counseling sessions, social activities targeted toward a recovering substance abuser, and, where appropriate, more intensive intervention; and (3) the term ``substance abuse or dependency'' means the abuse of drugs or alcohol. SEC. 6. STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR NONVIOLENT CONTROLLED SUBSTANCE OFFENSES. The Attorney General shall within 1 year after the enactment of this Act to the Committees on the Judiciary of the House of Representatives and Senate issue a report on the racial impact of mandatory minimum sentences for controlled substance offenses, their effectiveness in reducing drug-related crime by nonviolent offenders in contrast with other approaches such as drug treatment programs, and the appropriateness of the use of such sentences on nonviolent offenders.

Directs the Bureau of Prisons to maintain a rehabilitation program for such offenders sentenced to incarceration. Requires the Attorney General to study the racial impact of mandatory minimum sentences for controlled substance offenses, their effectiveness in reducing drug-related crime by nonviolent offenders, and the appropriateness of the use of such sentences on nonviolent offenders.

Federal Drug Treatment Alternative Sentencing Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017'' or the ``HIRE Vets Act''. SEC. 2. HIRE VETS MEDALLION AWARD PROGRAM. (a) Program Established.--Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall establish, by rule, a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing, by means of an award to be designated a ``HIRE Vets Medallion Award'', verified efforts by such employers-- (1) to recruit, employ, and retain veterans; and (2) to provide community and charitable services supporting the veteran community. (b) Application Process.--Beginning in the calendar year following the calendar year in which the Secretary establishes the program, the Secretary shall annually-- (1) solicit and accept voluntary applications from employers in order to consider whether those employers should receive a HIRE Vets Medallion Award; (2) review applications received in each calendar year; (3) notify such recipients of their awards; and (4) at a time to coincide with the annual commemoration of Veterans Day-- (A) announce the names of such recipients; (B) recognize such recipients through publication in the Federal Register; and (C) issue to each such recipient-- (i) a HIRE Vets Medallion Award of the level determined under section 3; and (ii) a certificate stating that such employer is entitled to display such HIRE Vets Medallion Award. (c) Timing.-- (1) Solicitation period.--The Secretary shall solicit applications not later than January 31st of each calendar year for the Awards to be awarded in November of that calendar year. (2) End of acceptance period.--The Secretary shall stop accepting applications not earlier than April 30th of each calendar year for the Awards to be awarded in November of that calendar year. (3) Review period.--The Secretary shall finish reviewing applications not later than August 31st of each calendar year for the Awards to be awarded in November of that calendar year. (4) Selection of recipients.--The Secretary shall select the employers to receive HIRE Vets Medallion Awards not later than September 30th of each calendar year for the Awards to be awarded in November of that calendar year. (5) Notice to recipients.--The Secretary shall notify employers who will receive HIRE Vets Medallion Awards not later than October 11th of each calendar year for the Awards to be awarded in November of that calendar year. (d) Limitation.--An employer who receives a HIRE Vets Medallion Award for one calendar year is not eligible to receive a HIRE Vets Medallion Award for the subsequent calendar year. SEC. 3. SELECTION OF RECIPIENTS. (a) Application Review Process.-- (1) In general.--The Secretary shall review all applications received in a calendar year to determine whether an employer should receive a HIRE Vets Medallion Award, and, if so, of what level. (2) Application contents.--The Secretary shall require that all applications provide information on the programs and other efforts of applicant employers during the calendar year prior to that in which the medallion is to be awarded, including the categories and activities governing the level of award for which the applicant is eligible under subsection (b). (3) Verification.--The Secretary shall verify all information provided in the applications, to the extent that such information is relevant in determining whether or not an employer should receive a HIRE Vets Medallion Award or in determining the appropriate level of HIRE Vets Medallion Award for that employer to receive, including by requiring the chief executive officer or the chief human relations officer of the employer to attest under penalty of perjury that the employer has met the criteria described in subsection (b) for a particular level of Award. (b) Awards.-- (1) Large employers.-- (A) In general.--The Secretary shall establish 2 levels of HIRE Vets Medallion Awards to be awarded to employers employing 500 or more employees, to be designated the ``Gold HIRE Vets Medallion Award'' and the ``Platinum HIRE Vets Medallion Award''. (B) Gold hire vets medallion award.--No employer shall be eligible to receive a Gold HIRE Vets Medallion Award in a given calendar year unless-- (i) veterans constitute not less than 7 percent of all employees hired by such employer during the prior calendar year; (ii) such employer has retained not less than 75 percent of the veteran employees hired during the calendar year preceding the preceding calendar year for a period of at least 12 months from the date on which the employees were hired; (iii) such employer has established an employee veteran organization or resource group to assist new veteran employees with integration, including coaching and mentoring; and (iv) such employer has established programs to enhance the leadership skills of veteran employees during their employment. (C) Platinum hire vets medallion award.--No employer shall be eligible to receive a Platinum HIRE Vets Medallion Award in a given calendar year unless-- (i) the employer meets all the requirements for eligibility for a Gold HIRE Vets Medallion Award under subparagraph (B); (ii) veterans constitute not less than 10 percent of all employees hired by such employer during the prior calendar year; (iii) such employer has retained not less than 85 percent of the veteran employees hired during the calendar year preceding the preceding calendar year for a period of at least 12 months from the date on which the employees were hired; (iv) such employer employs dedicated human resources professionals to support hiring and retention of veteran employees, including efforts focused on veteran hiring and training; (v) such employer provides each of its employees serving on active duty in the United States National Guard or Reserve with compensation sufficient, in combination with the employee's active duty pay, to achieve a combined level of income commensurate with the employee's salary prior to undertaking active duty; and (vi) such employer has a tuition assistance program to support veteran employees' attendance in postsecondary education during the term of their employment. (D) Exemption for smaller employers.--An employer shall be deemed to meet the requirements of subparagraph (C)(iv) if such employer-- (i) employs 5,000 or fewer employees; and (ii) employs at least one human resources professional whose regular work duties include those described under subparagraph (C)(iv). (E) Additional criteria.--The Secretary may provide, by rule, additional criteria with which to determine qualifications for receipt of each level of HIRE Vets Medallion Award. (2) Small- and medium-sized employers.--The Secretary shall establish similar awards in order to recognize achievements in supporting veterans by-- (A) employers with 50 or fewer employees; and (B) employers with more than 50 but fewer than 500 employees. (c) Design by Secretary.--The Secretary shall establish the shape, form, and design of each HIRE Vets Medallion Award, except that the Award shall be in the form of a certificate and shall state the year for which it was awarded. SEC. 4. DISPLAY OF AWARD. (a) In General.--The recipient of a HIRE Vets Medallion Award may-- (1) publicly display such Award through the end of the calendar year following receipt of such Award; and (2) publicly display the HIRE Vets Medallion Award Certificate issued in conjunction with such Award. (b) Unlawful Display Prohibited.--It is unlawful for any employer to publicly display a HIRE Vets Medallion Award, in connection with, or as a part of, any advertisement, solicitation, business activity, or product-- (1) for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression that the employer received the Award through the HIRE Vets Medallion Award Program, if such employer did not receive such Award through the HIRE Vets Medallion Award Program; or (2) for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression that the employer received the Award through the HIRE Vets Medallion Award Program for a year for which such employer did not receive such Award. SEC. 5. APPLICATION FEE AND FUNDING. (a) Fund Established.--There is established in the Treasury of the United States a fund to be designated the ``HIRE Vets Medallion Award Fund''. Amounts appropriated to the fund pursuant to subsection (c) shall remain available until expended. (b) Fee Authorized.--The Secretary may assess a reasonable fee on employers that apply for receipt of a HIRE Vets Medallion Award and the Secretary shall deposit such fees into the HIRE Vets Medallion Award Fund. The Secretary shall establish the amount of the fee such that the amounts collected as fees and deposited into the Fund are sufficient to cover the costs associated with carrying out this Act. (c) Use of Funds.--Amounts in the HIRE Vets Medallion Award Fund shall be available, subject to appropriation, to the Secretary to carry out the HIRE Vets Medallion Award Program. SEC. 6. INITIAL IMPLEMENTATION. The HIRE Vets Medallion Program shall begin to solicit applications on January 31 of the year that is 2 fiscal years after the fiscal year during which funds are first appropriated to carry out this Act. SEC. 7. REPORT TO CONGRESS. (a) Reports.--Beginning not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress annual reports on-- (1) the fees collected from applicants for HIRE Vets Medallion Awards in the prior year and any changes in fees to be proposed in the present year; (2) the cost of administering the HIRE Vets Medallion Award Program in the prior year; (3) the number of applications for HIRE Vets Medallion Awards received in the prior year; and (4) the HIRE Vets Medallion Awards awarded in the prior year, including the name of each employer to whom a HIRE Vets Medallion Award was awarded and the level of medallion awarded to each such employer. (b) Committees.--The Secretary shall provide the reports required under subsection (a) to the Chairman and Ranking Member of-- (1) the Committees on Education and the Workforce and Veterans' Affairs of the House of Representatives; and (2) the Committees on Health, Education, Labor, and Pensions and Veterans' Affairs of the Senate. SEC. 8. DEFINITIONS. In this Act: (a) The term ``employer'' means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employee opportunities, except that such term does not include-- (1) the Federal Government; or (2) any State government, as defined in such section. (b) The term ``Secretary'' means the Secretary of Labor. (c) The term ``veteran'' has the meaning given such term under section 101 of title 38, United States Code.

Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 or the HIRE Vets Act This bill directs the Department of Labor to establish a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing through a HIRE Vets Medallion Award verified efforts by these employers to: (1) recruit, employ, and retain veterans; and (2) provide community and charitable services supporting the veteran community. Labor shall annually: (1) solicit, verify, and review award applications from employers, (2) notify award recipients, and (3) issue awards at a time coinciding with Veterans Day. An employer who receives an award is not eligible for an award the following year. Labor shall establish two levels of awards for employers of 500 or more employees, to be designated the Gold HIRE Vets Medallion Award and the Platinum HIRE Vets Medallion Award. Criteria for such awards shall include the percentage of hired employees who are veterans, the percentage of veteran employees who are retained, the establishment of related veterans' assistance and training programs, the employment of dedicated human resources professionals for veterans, and income and tuition support for veterans. Labor shall establish similar awards to recognize achievements in supporting veterans by: (1) employers with 50 or fewer employees, and (2) employers with more than 50 but fewer than 500 employees. Labor shall establish the design of each award certificate. A recipient may publicly display the award and award certificate through the end of the calendar year in which it is awarded. The bill prohibits an employer from publicly displaying an award as a part of any advertisement or business activity in order to convey the false impression that the employer received such award for any other year. The bill establishes the HIRE Vets Medallion Award Fund. Labor may assess a reasonable application fee to carry out the award program and shall deposit such fees into the fund. The bill excludes from the definition of "employer" the federal government or any state government.

Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reasserting American Leadership in Space Act'' or the ``REAL Space Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The 109th Congress passed the National Aeronautics and Space Administration Authorization Act of 2005 overwhelmingly, establishing as the National Aeronautics and Space Administration's priority human space flight goal: ``To develop a sustained human presence on the Moon . . . to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations.''. (2) The 110th Congress overwhelmingly reaffirmed the vision of returning to the Moon as an integral part of exploring further into our solar system through the passage of the National Aeronautics and Space Administration Authorization Act of 2008, expressing support for ``the broad goals of the space exploration policy of the United States, including the eventual return to and exploration of the Moon and other destinations in the solar system and the important national imperative of independent access to space''. (3) The 111th Congress, in the National Aeronautics and Space Administration Authorization Act of 2010, called for the development of a heavy lift capability of greater than 130 metric tons consisting of the Space Launch System (SLS) and Multi-Purpose Crew Vehicle (MPCV) to pursue exploration, yet fell short on explicitly stating a clear destination. (4) The 112th Congress has reaffirmed this commitment to the development of a heavy lift capability. (5) A sustained human presence on the Moon will allow astronauts and researchers the opportunity to leverage new technologies in addressing the challenges of sustaining life on another celestial body, lessons which are necessary and applicable as we explore further into our solar system, to Mars and beyond. (6) A sustained human presence on the Moon would once again inspire and engage public interest in our space program, motivating young people to excel in the vital subjects of math and science, subjects in which American students lag behind our international competitors. (7) A sustained human presence on the Moon would challenge American industry to continue to develop technologies that not only enhance our exploration programs but can be applied across all disciplines of science. (8) The commercial applications of space technologies have had tens of billions of dollars in economic impact, including products from semiconductors and aircraft controls to scratch- resistant lenses and water purification systems. (9) The healthcare technologies derived from our space program, such as the portable x-ray machine, the MRI, advanced life-saving diagnostics, and the implantable heart aid, have saved and improved countless lives. (10) Space is the world's ultimate high ground, returning to the Moon and reinvigorating our human space flight program is a matter of national security. (11) Technologies developed and sustained by the National Aeronautics and Space Administration's human space flight program, such as liquid and solid rocket propulsion, environmental and life support systems, and communications, navigation, and control systems are important to our military. (12) China and Russia, understanding the economic and strategic importance of human space flight, have declared their intentions of colonizing the Moon and are advancing their lunar exploration plans. (13) It is strategically important that the United States possess and maintain the capabilities of unfettered operation in the space domain, and not cede the space domain to other nations. SEC. 3. MISSION. In accordance with the National Aeronautics and Space Administration Authorization Act of 2005, which established as the National Aeronautics and Space Administration's priority goal: ``To develop a sustained human presence on the Moon . . . to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations.'', and in accordance with the National Aeronautics and Space Administration Authorization Act of 2008, which endorsed ``the broad goals of the space exploration policy of the United States, including the eventual return to and exploration of the Moon and other destinations in the solar system and the important national imperative of independent access to space'', the National Aeronautics and Space Administration shall plan to return to the Moon by 2022 and develop a sustained human presence on the Moon, in order to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations. The budget requests and expenditures of the National Aeronautics and Space Administration shall be consistent with achieving this goal.

Reasserting American Leadership in Space Act or REAL Space Act - Directs the National Aeronautics and Space Administration (NASA) to plan to return to the Moon by 2022 and to develop a sustained human presence there in order to promote exploration, commerce, science, and U.S. preeminence in space as a stepping stone for future exploration of Mars and other destinations.

To direct the National Aeronautics and Space Administration to plan to return to the Moon and develop a sustained human presence on the Moon.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Emergency Protocol and Hull Requirement Act of 2008''. SEC. 2. RESPONSE STANDARDS. (a) In General.--Subtitle B of title IV of the Oil Pollution Act of 1990 (33 U.S.C. 1321 note; Public Law 101-380) is amended-- (1) by inserting before section 4201 the following: ``PART I--REMOVAL AUTHORITY AND RESPONSE SYSTEM''; and (2) by adding at the end the following: ``PART II--RESPONSE STANDARDS ``SEC. 4211. MARINE EMERGENCY PROTOCOL. ``(a) Definitions.--In this section: ``(1) Condition of enhanced danger.--The term `condition of enhanced danger' means-- ``(A) a period beginning 24 hours before and ending 72 hours after-- ``(i) the commission of an act of terror in the United States; or ``(ii) an attack on the United States from a foreign or domestic enemy; ``(B) a period of dangerously low visibility at sea or in port, as determined by the Secretary of Homeland Security; ``(C) a period of not more than 72 hours after-- ``(i) an oil spill of more than 5,000 gallons; or ``(ii) the discharge of a hazardous material that poses a significant health or environmental threat to the sector; or ``(D) any other period during which the Secretary of Homeland Security determines that a condition of enhanced danger exists. ``(2) Hazardous material.--The term `hazardous material' has the meaning given the term in section 154.105 of title 33, Code of Federal Regulations (or a successor regulation). ``(3) Health or environmental threat.--The term `health or environmental threat' has such meaning as shall be given the term by the Secretary. ``(4) Sector.--The term `sector' means a shore-based operational unit of the Coast Guard. ``(5) Sector commander.--The term `Sector Commander' means the commanding officer of a sector. ``(b) Emergency Protocol.-- ``(1) In general.--During any condition of enhanced danger, the appropriate Sector Commander shall assume direct authority over all vessels within the area under the command of the Sector Commander to ensure the safe navigation of dangerous waterways. ``(2) Authority.--In carrying out paragraph (1), a Sector Commander shall have the authority, with respect to the sector under the command of the Sector Commander-- ``(A) to order the immediate halt of all vessel traffic into and out of the sector; ``(B) to order the immediate halt of an individual vessel; ``(C) to order a vessel in transit to change course, dock at a safe harbor, or return to port; and ``(D) to issue any other orders to ensure the health and safety of the individuals located in, and the environment of, the sector. ``SEC. 4212. STATE AUTHORITY. ``Nothing in this part limits or otherwise preempts any State from establishing a law (including a regulation) regarding any matter covered by this part that is more stringent than the authority provided by this part.''. (b) Conforming Amendment.--The table of contents of the Oil Pollution Act of 1990 (33 U.S.C. 2701 note; Public Law 101-380) is amended-- (1) by inserting before the item relating to section 4201 the following: ``PART I--Removal Authority and Response System''; and (2) by adding at the end of the items relating to part I of subtitle B of title IV (as designated by this section) the following: ``Sec. 4211. Marine emergency protocol. ``Sec. 4212. State authority.''. SEC. 3. HULL REQUIREMENTS FOR FUEL TANKS OF CARGO VESSELS CARRYING OIL AS FUEL. Section 3703a of title 46, United States Code, is amended by adding at the end the following: ``(f) Hull Requirements for Fuel Tanks of Cargo Vessels.-- ``(1) Definition of cargo vessel.-- ``(A) In general.--In this subsection, the term `cargo vessel' means a cargo vessel (other than a tank vessel that is subject to subsections (a) through (e)) that carries a significant (as determined by the Secretary) quantity of oil or petroleum-based fuel, in a fuel tank on the vessel, to be used for the purpose of powering the cargo vessel. ``(B) Exclusions.--The term `cargo vessel' does not include-- ``(i) any naval vessel described in chapter 633 of title 10, United States Code; ``(ii) any other vessel under the jurisdiction or control of the Secretary of the Navy; or ``(iii) any vessel described in subsection (b). ``(2) Standards.--Subject to paragraphs (3) through (5), a cargo vessel may not operate in the navigable waters or the Exclusive Economic Zone of the United States unless the fuel tanks of the cargo vessel are equipped with a double hull, or with a double containment system determined by the Secretary to be as effective as a double hull, for the prevention of a discharge of oil or petroleum-based fuel from the fuel tanks. ``(3) Applicability.--Except as provided in paragraph (5), paragraph (2) shall apply-- ``(A) beginning on the date of enactment of this subsection, with respect to-- ``(i) a cargo vessel of less than 5,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302, as prescribed by the Secretary under section 14104; ``(ii) a cargo vessel of less than 5,000 gross tons that had its appraised salvage value determined by the Coast Guard before June 30, 2008, and that qualifies for documentation as a wrecked cargo vessel under section 12112; and ``(iii) any cargo vessel that is not described in subparagraph (B) or (C); ``(B) in the case of a cargo vessel of at least 5,000 gross tons but less than 15,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302, as prescribed by the Secretary under section 14104-- ``(i) after January 1, 2014, if the cargo vessel is 40 years old or older and has a single-hulled fuel tank, or is 45 years old or older and has a double bottom or double sides; ``(ii) after January 1, 2015, if the cargo vessel is 39 years old or older and has a single-hulled fuel tank, or is 44 years old or older and has a double bottom or double sides; ``(iii) after January 1, 2016, if the cargo vessel is 38 years old or older and has a single-hulled fuel tank, or is 43 years old or older and has a double bottom or double sides; ``(iv) after January 1, 2017, if the cargo vessel is 37 years old or older and has a single-hulled fuel tank, or is 42 years old or older and has a double bottom or double sides; ``(v) after January 1, 2018, if the cargo vessel is 36 years old or older and has a single-hulled fuel tank, or is 41 years old or older and has a double bottom or double sides; ``(vi) after January 1, 2019, if the cargo vessel is 35 years old or older and has a single-hulled fuel tank, or is 40 years old or older and has a double bottom or double sides; and ``(vii) after January 1, 2024, if the cargo vessel is 25 years old or older and has a single-hulled fuel tank, or is 30 years old or older and has a double bottom or double sides; ``(C) in the case of a cargo vessel of at least 15,000 gross tons but less than 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302, as prescribed by the Secretary under section 14104-- ``(i) after January 1, 2014, if the cargo vessel is 40 years old or older and has a single-hulled fuel tank, or is 45 years old or older and has a double bottom or double sides; ``(ii) after January 1, 2015, if the cargo vessel is 38 years old or older and has a single-hulled fuel tank, or is 43 years old or older and has a double bottom or double sides; ``(iii) after January 1, 2016, if the cargo vessel is 36 years old or older and has a single-hulled fuel tank, or is 41 years old or older and has a double bottom or double sides; ``(iv) after January 1, 2017, if the cargo vessel is 34 years old or older and has a single-hulled fuel tank, or is 39 years old or older and has a double bottom or double sides; ``(v) after January 1, 2018, if the cargo vessel is 32 years old or older and has a single-hulled fuel tank, or 37 years old or older and has a double bottom or double sides; ``(vi) after January 1, 2019, if the cargo vessel is 30 years old or older and has a single-hulled fuel tank, or is 35 years old or older and has a double bottom or double sides; ``(vii) after January 1, 2020, if the cargo vessel is 29 years old or older and has a single-hulled fuel tank, or is 34 years old or older and has a double bottom or double sides; ``(viii) after January 1, 2021, if the cargo vessel is 28 years old or older and has a single-hulled fuel tank, or is 33 years old or older and has a double bottom or double sides; ``(ix) after January 1, 2022, if the cargo vessel is 27 years old or older and has a single-hulled fuel tank, or is 32 years old or older and has a double bottom or double sides; ``(x) after January 1, 2023, if the cargo vessel is 26 years old or older and has a single-hulled fuel tank, or is 31 years old or older and has a double bottom or double sides; and ``(xi) after January 1, 2024, if the cargo vessel is 25 years old or older and has a single-hulled fuel tank, or is 30 years old or older and has a double bottom or double sides; and ``(D) in the case of a cargo vessel of at least 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302, as prescribed by the Secretary under section 14104-- ``(i) after January 1, 2014, if the cargo vessel is 28 years old or older and has a single-hulled fuel tank, or 33 years old or older and has a double bottom or double sides; ``(ii) after January 1, 2015, if the cargo vessel is 27 years old or older and has a single-hulled fuel tank, or is 32 years old or older and has a double bottom or double sides; ``(iii) after January 1, 2016, if the cargo vessel is 26 years old or older and has a single-hulled fuel tank, or is 31 years old or older and has a double bottom or double sides; ``(iv) after January 1, 2017, if the cargo vessel is 25 years old or older and has a single-hulled fuel tank, or is 30 years old or older and has a double bottom or double sides; ``(v) after January 1, 2018, if the cargo vessel is 24 years old or older and has a single-hulled fuel tank, or 29 years old or older and has a double bottom or double sides; and ``(vi) after January 1, 2019, if the cargo vessel is 23 years old or older and has a single-hulled fuel tank, or is 28 years old or older and has a double bottom or double sides. ``(4) Age of cargo vessels.--For the purpose of this subsection, the age of a cargo vessel shall be determined from the latest of the date on which the cargo vessel-- ``(A) is delivered after original construction; ``(B) is delivered after completion of a major conversion; or ``(C) had its appraised salvage value determined by the Coast Guard and is qualified for documentation as a wrecked cargo vessel under section 12112. ``(5) New vessels.--A new cargo vessel that is delivered during the period beginning on the date of enactment of this section and ending on December 31, 2009, and that carries more than 600 cubic meters of oil to be used as fuel for the cargo vessel may not operate in the navigable waters or the Exclusive Economic Zone of the United States unless the cargo vessel-- ``(A) is equipped with a double-hulled fuel tank; and ``(B) otherwise meets the requirements described in regulation 12A under annex I of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution From Ships, 1973, done at London on February 17, 1978.''.

Marine Emergency Protocol and Hull Requirement Act of 2008 - Amends the Oil Pollution Act of 1990 to authorize the Coast Guard's appropriate sector commander, during a time of a terrorist or enemy attack, dangerously low visibility at sea or in port, an oil spill over 5,000 gallons, or any other period of enhanced danger as determined by the Secretary of Homeland Security, to assume direct authority over all vessels within the area and to issue any orders to ensure the health and safety of the individuals located in, and the environment of, the sector. Declares that nothing in the amendments made by this Act limits or otherwise preempts any state from establishing a more stringent law or regulation. Prohibits certain cargo vessels that carry a significant (as determined by the Secretary of the department in which the Coast Guard is operating) quantity of oil or petroleum-based fuel to power the vessel from operating in the navigable waters or the Exclusive Economic Zone (EEZ) of the United States without fuel tanks that have a double hull, or a double containment system as effective as a double hull, for the prevention of a fuel discharge. Phases in the prohibition over a specified period of years, based on vessel age and tonnage.

A bill to amend the Oil Pollution Act of 1990 and title 46, United States Code, to establish a marine emergency protocol and requirements for double-hulling of vessel fuel tanks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diesel Fuel Tax Enforcement Act of 1993''. SEC. 2. SENSE OF THE CONGRESS AS TO INCREASED INTERNAL REVENUE SERVICE FUNDING FOR CRIMINAL INVESTIGATIONS AND OTHER ENFORCEMENT ACTIVITIES. (a) Findings.--The Congress hereby finds that-- (1) there has been substantial evasion of the Federal excise taxes on diesel fuel, (2) there is evidence that organized crime has become involved in such evasion, (3) that such evasion undercuts the many small and medium size businesses who comply with the diesel fuel taxes, and (4) providing the Internal Revenue Service with additional funding for its criminal investigation and other enforcement activities would-- (A) enable the Internal Revenue Service to be more effective in its effort to reduce organized crime's involvement in tax evasion and other criminal activities such as money laundering, and (B) result in increased revenues. (b) Sense of Congress.--It is the sense of the Congress that outlays for Internal Revenue Service criminal investigation and other enforcement activities should be increased and such increase shall be funded with offsetting spending reductions in other program areas. SEC. 3. PERMANENT EXTENSION OF AUTHORITY FOR UNDERCOVER OPERATIONS. (a) Permanent Extension.--Notwithstanding the provisions of paragraph (3) of section 7601(c) of the Anti-Drug Abuse Act of 1988, the amendments made by such section 7601(c) shall apply to all periods after the date of the enactment of this Act. (b) Enhanced Oversight.-- (1) Additional information required in reports to congress.--Subparagraph (B) of section 7608(c)(4) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``preceding the period'' in clause (ii), (B) by striking ``and'' at the end of clause (ii), and (C) by striking clause (iii) and inserting the following: ``(iii) the number, by programs, of undercover investigative operations closed in the 1-year period for which such report is submitted, and ``(iv) the following information with respect to each undercover investigative operation pending as of the end of the 1-year period for which such report is submitted or closed during such 1-year period-- ``(I) the date the operation began and the date of the certification referred to in the last sentence of paragraph (1), ``(II) the total expenditures under the operation and the amount and use of the proceeds from the operation, ``(III) a description of the operation including the potential violation being investigated and whether the operation is being conducted under grand jury auspices; except that such a description shall not be required if the Secretary determines that to provide such description would jeopardize the operation or the life or safety of participants in the operation, and ``(IV) the results of the operation including the results of criminal proceedings.'' (2) Audits required without regard to amounts involved.-- Subparagraph (C) of section 7608(c)(5) of such Code is amended to read as follows: ``(C) Undercover investigative operation.--The term `undercover investigative operation' means any undercover investigative operation of the Service; except that, for purposes of subparagraph (A) of paragraph (4), such term only includes an operation which is exempt from section 3302 or 9102 of title 31, United States Code.'' (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. SEC. 4. REPORT BY ATTORNEY GENERAL. Not later than the day 90 days after the date of the enactment of this Act, the Attorney General shall report to the Congress on-- (1) the feasibility of additional Federal task forces dealing with organized crime's involvement in diesel fuel tax evasion, and (2) other steps that could be taken to reduce criminal evasion of diesel fuel taxes.

Diesel Fuel Tax Enforcement Act of 1993 - Expresses the sense of the Congress that outlays for Internal Revenue Service criminal investigation and other enforcement activities should be increased and such increase shall be funded with offsetting spending reductions in other program areas. Makes permanent the authority for the Internal Revenue Service to conduct undercover operations. Requires additional information in reports to the Congress concerning such operations. Requires the Attorney General to report to the Congress on: (1) the feasibility of additional Federal task forces dealing with organized crime's involvement in diesel fuel tax evasion; and (2) other steps that could be taken to reduce criminal evasion of such taxes.

Diesel Fuel Tax Enforcement Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Chronic Wasting Disease Support for States 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. Findings. TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES Sec. 101. National database regarding chronic wasting disease. Sec. 102. Surveillance and monitoring program regarding presence of chronic wasting disease in wild herds of deer and elk. Sec. 103. Support for State efforts to manage and control chronic wasting disease. Sec. 104. Department of the Interior support for research regarding chronic wasting disease. TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES Sec. 201. Surveillance and monitoring program regarding presence of chronic wasting disease in captive herds of deer and elk. Sec. 202. Expansion of diagnostic testing capacity. Sec. 203. Expansion of Agricultural Research Service research. Sec. 204. Expansion of Cooperative State Research, Education and Extension Service supported research regarding chronic wasting disease. TITLE III--GENERAL PROVISIONS Sec. 301. Rulemaking. SEC. 2. DEFINITIONS. In this Act: (1) Chronic wasting disease.--The term ``chronic wasting disease'' means the animal disease afflicting deer and elk that-- (A) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (B) belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. (2) Eligible grant recipient.--The term ``eligible grant recipient'' means a State department of wildlife, State department of agriculture, college or university, or related research center conducting scientific research regarding chronic wasting disease. (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). SEC. 3. FINDINGS. Congress finds the following: (1) Pursuant to State and Federal law, the States retain primacy and policy-making authority with regard to wildlife management, and nothing in this Act interferes with or otherwise affects the primacy of the States in managing wildlife generally, or managing, surveying, and monitoring the incidence of chronic wasting disease. (2) Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing and managing this lethal disease. (3) As the States move to manage existing levels of chronic wasting disease and insulate noninfected wild and captive cervid populations from the disease, the Federal Government should endeavor to provide integrated and holistic financial and technical support to these States and the many State departments of wildlife, State departments of agriculture, colleges and universities, and related research centers conducting scientific research regarding chronic wasting disease. (4) Relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as chronic wasting disease can move freely between captive and wild cervids across the broad array of Federal, State, tribal, and local land management jurisdictions. (5) The Secretary of the Interior, the Secretary of Agriculture, and other affected Federal authorities can provide consistent, coherent, and integrated support systems under existing legal authorities to States and the many State departments of wildlife, State departments of agriculture, colleges and universities, and related research centers conducting scientific research regarding chronic wasting disease. TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES SEC. 101. NATIONAL DATABASE REGARDING CHRONIC WASTING DISEASE. (a) Information Repository.--The Secretary of the Interior, acting through the United States Geological Survey and using existing authorities, shall establish and maintain the official national database for-- (1) surveillance and monitoring data regarding chronic wasting disease in both wild and captive cervid populations and other wildlife that is collected by the Department of the Interior, the Department of Agriculture, other Federal agencies, foreign governments, Indian tribes, and State agencies assisted under this Act; and (2) other relevant information regarding chronic wasting disease received from other sources, including cooperation with foreign governments. (b) Information Source.--The national database shall be available as a resource for-- (1) Federal and State agencies, Indian tribes, and foreign governments attempting to manage and control chronic wasting disease; (2) eligible grant recipients and other institutions of higher education and other public or private research entities conducting research regarding chronic wasting disease; and (3) cooperating international wildlife authorities. (c) Relationship to Department of Agriculture Information Collection.--The data collected by the Department of Agriculture under title II shall be placed in the national database. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $750,000 to establish and maintain the national database. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK. (a) Program Development.--Using existing authorities, the Secretary of the Interior, acting through the United States Geological Survey, shall develop a national surveillance and monitoring program to identify-- (1) the rate of chronic wasting disease infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) potential reservoirs of infection and vectors promoting the spread of the disease. (b) Implementation.--The Secretary of the Interior shall provide financial and technical assistance to States and Indian tribes to implement the surveillance and monitoring program for wild herds. (c) Cooperation.--In developing the surveillance and monitoring program for wild herds, the Secretary of the Interior shall consult and cooperate with State and tribal agencies responsible for managing and controlling chronic wasting disease. (d) Coordination.--The Secretary of the Interior, in cooperation with the Secretary of Agriculture, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $1,000,000 to support the surveillance and monitoring program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 103. SUPPORT FOR STATE EFFORTS TO MANAGE AND CONTROL CHRONIC WASTING DISEASE. (a) Availability of Assistance.--The Secretary of the Interior, acting through the United States Geological Survey, shall allocate funds appropriated to carry out this section directly to the State or tribal agency responsible for wildlife management for a State or Indian tribe that petitions the Secretary for a portion of such funds to develop and implement management strategies to address chronic wasting disease on lands administered by the State or Indian tribe. (b) Funding Priorities.--In determining the amounts to be allocated to States and Indian tribes under subsection (a), the Secretary of the Interior shall give priority to States and Indian tribes based on the following criteria: (1) Relative scope of incidence of chronic wasting disease on lands administered by the State or Indian tribe, with priority given to those States and Indian tribes with the highest incidence of the disease. (2) State or tribal expenditures on chronic wasting disease management, monitoring, surveillance, and research, with priority given to those States and Indian tribes that have shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease. (3) Comprehensive and integrated State or tribal policies and programs focused on chronic wasting disease management between involved State or tribal wildlife and agricultural agencies, with priority given to those States and Indian tribes that have integrated the programs and policies of all involved agencies related to chronic wasting disease management. (4) Rapid response to new outbreaks of chronic wasting disease, whether occurring in areas in which chronic wasting disease is already found or areas with first infections, with the intent of containing the disease in any new area of infection. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $2,000,000 to support State and tribal efforts to manage and control chronic wasting disease. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 104. DEPARTMENT OF THE INTERIOR SUPPORT FOR RESEARCH REGARDING CHRONIC WASTING DISEASE. (a) Expansion.--The Secretary of Interior, acting through the United States Geological Survey, shall make grants to eligible grant recipients to support efforts to expand and accelerate research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to make grants under subsection (a). Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES SEC. 201. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN CAPTIVE HERDS OF DEER AND ELK. (a) Program Development.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall develop a surveillance and monitoring program to identify-- (1) the rate of chronic wasting disease infection in captive herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) potential reservoirs of infection and vectors promoting the spread of the disease. (b) Implementation.--The Secretary of Agriculture shall provide financial and technical assistance to States and Indian tribes to implement the surveillance and monitoring program for captive herds. (c) Cooperation.--In developing the surveillance and monitoring program for captive herds, the Secretary of Agriculture shall cooperate with State and tribal agencies responsible for managing and controlling chronic wasting disease. (d) Coordination.--The Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to establish and support the surveillance and monitoring program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 202. EXPANSION OF DIAGNOSTIC TESTING CAPACITY. (a) Purpose.--Diagnostic testing of samples collected under the surveillance and monitoring programs regarding chronic wasting disease conducted by the Federal Government and States and Indian tribes, including the programs required by sections 102 and 201, will continue to be conducted by National Veterinary Services Laboratories of the Animal and Plant Health Inspection Service and laboratories approved by the National Veterinary Services Laboratories, but current laboratory capacity is inadequate to process the anticipated sample load. (b) Upgrading of Federal Facilities.--The Secretary of Agriculture shall provide for the upgrading of Federal laboratories to facilitate the timely processing of samples from the surveillance and monitoring programs required by sections 102 and 201 and related epidemiological investigation in response to the results of such processing. (c) Upgrading of Certified Laboratories.--Using the grant authority provided under section 2(d) of the Competitive, Special and Facilities Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture shall make grants to provide for the upgrading of laboratories to be certified by the Secretary to facilitate the timely processing of samples from the surveillance and monitoring programs required by sections 102 and 201 and related epidemiological investigation in response to the results of such processing. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to carry out this section. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 203. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH. (a) Expansion.--The Secretary of Agriculture, acting through the Agricultural Research Service, shall expand and accelerate research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $5,000,000 to carry out subsection (a). Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. SEC. 204. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION SERVICE SUPPORTED RESEARCH REGARDING CHRONIC WASTING DISEASE. (a) Research Efforts.--The Secretary of Agriculture, acting through the Cooperative State Research, Education and Extension Service, shall increase the number and size of grants made to eligible grant recipients in support of research regarding chronic wasting disease. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $7,000,000 to make grants under subsection (a). Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. TITLE III--GENERAL PROVISIONS SEC. 301. RULEMAKING. (a) Joint Rulemaking.--To ensure that the surveillance and monitoring programs and research programs required by this Act are compatible and that information collection is carried out in a manner suitable for inclusion in the national database required by section 101, the Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate rules to implement this Act. (b) Procedure.--Due to the serious consequences of an unchecked chronic wasting disease epidemic, prompt implementation of this Act is required. The promulgation of the rules under subsection (a) shall be made without regard to-- (1) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''); (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) the notice and comment provisions of section 553 of title 5, United States Code. (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary of the Interior and the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. (d) Relation to Other Rulemaking.--The requirement for joint rulemaking shall not be construed to require any delay in the promulgation by the Secretary of Agriculture of rules regarding the interstate transportation of captive deer or elk or any other rule by the Secretary of Agriculture or the Secretary of the Interior regarding chronic wasting disease proposed before the date of the enactment of this Act.

Chronic Wasting Disease Support for States Act - Directs the Secretary of the Interior to establish an official national database on chronic wasting disease for the surveillance and monitoring of data regarding chronic wasting disease in wild and captive cervid (member of the deer family) populations and other wildlife. Requires such Secretary to: (1) develop a national surveillance and monitoring program to identify the rate of chronic wasting disease infection in deer and elk wild herds; (2) allocate funds for the development and implementation of management strategies to address chronic wasting disease; and (3) make grants to support research on chronic wasting disease. Requires the Secretary of Agriculture to: (1) develop a national surveillance and monitoring program to identify the rate of chronic wasting disease infection in captive deer and elk herds; (2) upgrade federal laboratories to facilitate timely processing of samples from the surveillance and monitoring programs and related epidemiological investigation; (3) expand and accelerate research on chronic wasting disease; and (4) increase the number and size of grants made to support such research.

To support further research by State departments of wildlife and agriculture, colleges and universities, and related research entities regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support additional State efforts to control the disease, and for other purposes.

SECTION 1. LIMITATION OF COST-OF-LIVING ADJUSTMENTS FOR PAY FOR MEMBERS OF CONGRESS AND CERTAIN SENIOR FEDERAL OFFICIALS (a) Members of Congress.--Section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended to read as follows: ``(2)(A) Subject to subparagraphs (B) and (C) effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule, each annual rate referred to in paragraph (1) shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the lesser of-- ``(i) the percentage of such annual rate which corresponds to the most recent percentage change in the ECI (relative to the date described in subparagraph (B)), as determined under section 704(a)(1) of the Ethics Reform Act of 1989; or ``(ii) the maximum percentage increase determined under section 215(i) of the Social Security Act (42 U.S.C. 459(i)) for the applicable year. ``(B) The appropriate date referred to in subparagraph (A) is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. ``(C) The first adjustment under this section shall become effective in the calendar year beginning on January 1, 1995, and all other adjustments shall take effect in every 2 calendar years thereafter. All adjustments shall be based upon the year preceding the adjustment.''. (b) Executive Schedule Officers.--Section 5318 of title 5, United States Code, is amended to read as follows: ``Sec. 5318. Adjustments in rates of pay ``(a) Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of this title in the rates of pay under the General Schedule, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the lesser of-- ``(1) the percentage of such annual rate of pay which corresponds to the most recent percentage change in the ECI (relative to the date described in subsection (b)), as determined under section 704(a)(1) of the Ethics Reform Act of 1989; or ``(2) the maximum percentage increase determined under section 215(i) of the Social Security Act (42 U.S.C. 459(i)) for the applicable year. ``(b) The appropriate date referred to under subsection (a) is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.''. (c) Vice President.--Section 104 of title 3, United States Code, is amended to read as follows: ``Sec. 104. Salary of the Vice President ``(a) The per annum rate of salary of the Vice President of the United States shall be the rate determined for such position under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.) as adjusted by this section. Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule, the salary of the Vice President shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the lesser of-- ``(1) the percentage of such annual rate of pay which corresponds to the most recent percentage change in the ECI (relative to the date described in subsection (b)), as determined under section 704(a)(1) of the Ethics Reform Act of 1989; or ``(2) the maximum percentage increase determined under section 215(i) of the Social Security Act (42 U.S.C. 459(i)) for the applicable year. ``(b) The appropriate date referred to under subsection (a) is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.''. SEC. 2. LIMITATION ON COST-OF-LIVING ADJUSTMENTS FOR FEDERAL ANNUITIES FOR MEMBERS OF CONGRESS AND CERTAIN SENIOR FEDERAL OFFICIALS (a) Civil Service Retirement System.--Section 8340 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: ``(h) Notwithstanding any other provision of this section, the adjustment under this section for an annuity which is based on creditable service, any part of which is service as a Member or service in a position under the Executive Schedule, shall be the lesser of-- ``(1) the percentage adjustment which would be applicable under this section if the provisions of this subsection had not been enacted; or ``(2) the maximum percentage increase determined under section 215(i) of the Social Security Act (42 U.S.C. 459(i)) for the applicable year.''. (b) Federal Employees' Retirement System.--Section 8462 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: ``(f) Notwithstanding any other provision of this section, the adjustment under this section for an annuity which is based on creditable service, any part of which is service as a Member or service in a position under the Executive Schedule, shall be the lesser of-- ``(1) the percentage adjustment which would be applicable under this section if the provisions of this subsection had not been enacted; or ``(2) the maximum percentage increase determined under section 215(i) of the Social Security Act (42 U.S.C. 459(i)) for the applicable year.''.

Amends the Legislative Reorganization Act of 1946 and other Federal law to: (1) prohibit cost-of-living adjustments in the salaries of Members of Congress, Executive Schedule officers, and the Vice President from exceeding cost-of-living adjustments for social security benefits; (2) allow Members of Congress to receive cost-of-living adjustments only in nonelection years; and (3) prohibit cost-of-living adjustments in the retirement annuities of Members of Congress and Executive Schedule officers from exceeding cost-of-living adjustments for social security benefits.

A bill to provide for cost-of-living adjustments for pay and retirement benefits for Members of Congress and certain senior Federal officials to be limited by the amount of social security cost-of-living adjustments, and for other purposes.