FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Government Accounting Act of 2011''. SEC. 2. FINANCIAL STATEMENTS. (a) In General.--With respect to a fiscal year, the head of each agency shall prepare and submit to the Comptroller General a quarterly consolidated financial statement for each of the first three quarters of such fiscal year and an annual consolidated financial statement for such fiscal year as a whole for such agency based on the fair-value accrual accounting method. Such statement shall include for such agency-- (1) all future certain liabilities, including all contingent liabilities that can be reasonably estimated; (2) all liabilities that may require future taxes for present liabilities; and (3) other expenditures and liabilities. (b) Submission Deadlines.-- (1) Quarterly financial statements.--Each quarterly financial statement required by subsection (a) shall be submitted not later than 90 days after the end of the fiscal quarter. (2) Annual financial statements.--Each annual financial statement required by subsection (a) shall be submitted not later than 180 days after the end of the fiscal year. (c) Generally Accepted Accounting Principles and Footnote Disclosures.--Each statement described under subsection (a) shall be prepared in accordance with generally accepted accounting principles applied on a consistent basis and include footnote disclosures. (d) Web Site.--Not later than 10 days after the submission of any financial statements to the Comptroller General under subsection (a), the Comptroller General shall publish all such statements on a single, searchable, downloadable, up-to-date Web site accessible by the public, that allows a user to search accounts and associated activities by an agency and by each office, bureau, and activity of an agency. (e) Agency Defined.--In this section, the term ``agency'' has the meaning given that term in section 101 of title 31, United States Code. (f) Auditing of Financial Statements.--Subchapter II of chapter 7 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 721. Audit of agency consolidated financial statements ``(a) In General.--Each year, the Comptroller General shall, in accordance with generally accepted auditing standards, audit the consolidated financial statements prepared by each agency for each fiscal year under section 2(a) of the Truth in Government Accounting Act of 2011. ``(b) Records and Property.--To carry out this section, the head of each agency shall provide the Comptroller General with all records and property of or used by each such agency in the preparation of the consolidated financial statements under section 2(a) of the Truth in Government Accounting Act of 2011 that the Comptroller General determines to be statistically meaningful. The Comptroller General shall give the head of each agency a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out the audit. The head of each agency shall provide the Comptroller General with suitable facilities to carry out the audit.''. SEC. 3. PREPARATION OF THE BUDGET. (a) The President.--Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating the second paragraph (37) as paragraph (39); and (2) by adding at the end the following new paragraph: ``(40) A summary of how the use of accrual accounting procedures would affect the estimated expenditures, appropriations, and receipts of the Government in the fiscal year for which the budget is submitted.''. (b) Office of Management and Budget.--The Director of the Office of Management and Budget shall prepare all of the budgets submitted to the President according to both accrual accounting procedures and the cash basis accounting method. SEC. 4. ZERO-BASELINE BUDGETING. (a) Changes in the Baseline.--(1) Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (A) in the second sentence of paragraph (1), by striking everything that follows ``current year,'' and inserting ``excluding resources designated as an emergency requirement and any resources provided in supplemental appropriation laws.''; (B) by striking paragraphs (2), (3), (4), and (5); (C) by redesignating paragraph (6) as paragraph (2); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) No adjustment for inflation.--No adjustment shall be made for inflation or for any other factor.''. (2) Section 257(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(4) No adjustment for inflation.--No adjustment shall be made for inflation or for any other factor for any direct spending program.''. (b) Extension.--The second sentence of section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``other than subsections (a) through (d) of section 257'' after ``title''. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on October 1, 2012.

Truth in Government Accounting Act of 2011 - Requires the head of each federal agency to prepare for a fiscal year and submit to the Comptroller General (GAO) three quarterly and one annual consolidated financial statement based on the fair-value accrual accounting method. Requires such statement to include all future certain liabilities and all contingent liabilities that can be reasonably estimated, all liabilities that may require future taxes for present liabilities, and other expenditures and liabilities. Requires the Comptroller General to publish all such statements on a website accessible by the public that allows a user to search agency accounts and activities by each office, bureau, and activity of an agency. Requires the Comptroller General to audit the consolidated financial statements prepared by each federal agency for each fiscal year. Requires the President's annual budget to include a summary of how the use of accrual accounting procedures would affect the estimated expenditures, appropriations, and receipts of the government in the fiscal year in which the budget is submitted. Requires the Director of the Office of Management and Budget (OMB) to prepare all of the budgets submitted to the President according to both accrual accounting procedures and the cash basis accounting method. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require the Congressional Budget Office (CBO) to use current-year spending as the baseline for estimating future mandatory and discretionary changes in spending.

To require each agency to prepare and make public quarterly and annual consolidated financial statements using the fair-value accrual accounting method, to require the Congressional Budget Office to use current-year spending as the baseline for estimating future mandatory and discretionary changes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Discovery Trails Act of 2001''. SEC. 2. AUTHORIZATION OF NATIONAL DISCOVERY TRAILS COMPONENT OF NATIONAL TRAILS SYSTEM. (a) Additional Component of System.--Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) National discovery trails, established as provided in section 5 and subject to the special requirements of section 7A, which will be extended, continuous, interstate trails so located as to-- ``(A) provide for outstanding outdoor recreation and travel and the conservation and enjoyment of significant natural, cultural, and historic resources associated with the trail; and ``(B) connect representative examples of America's trails and metropolitan, urban, rural, and backcountry regions of the Nation.''. (b) Special Requirements for National Discovery Trails.--The National Trails System Act is amended by inserting after section 7 (16 U.S.C. 1246) the following new section: ``SEC. 7A. SPECIAL ADMINISTRATION AND DEVELOPMENT REQUIREMENTS APPLICABLE TO NATIONAL DISCOVERY TRAILS. ``(a) Designation Authority.--A national discovery trail may be designated on Federal lands and, with the consent of the owner thereof, on non-Federal lands. The appropriate Secretary shall obtain the consent of the owner of non-Federal lands through the use of a written agreement, which shall include such terms and conditions as the parties to the agreement consider advisable, and may include provisions regarding the discontinuation of the trail designation on the lands covered by the agreement. ``(b) Notice to Landowners.--As part of a feasibility study or environmental assessment concerning a proposed national discovery trail designation, the appropriate Secretary conducting the study or assessment shall provide notification to owners of nonpublic lands where the proposed national discovery trail may cross on or abut nonpublic lands. ``(c) Protection of Use of Adjacent Lands.--The Congress does not intend for the establishment of a national discovery trail to lead to the creation of protective perimeters or buffer zones adjacent to the trail. The fact that there may be activities or uses on lands adjacent to the trail that would not be permitted on the trail shall not preclude such activities or uses on such lands adjacent to the trail to the extent consistent with other applicable law. Nothing in this Act may be construed to impose, or permit the imposition of, any limitations on the use of any non-Federal lands without the consent of the owner of the lands. ``(d) Prevention of Trespass of Private Lands.--The appropriate Secretary shall initiate consultations with affected States and their political subdivisions to develop and implement appropriate measures to protect nonpublic landowners from trespass resulting from visitor use of a national discovery trail and from unreasonable personal liability and property damage caused by trail use. After such consultation, the appropriate Secretary may provide assistance to such States and their political subdivisions under appropriate cooperative agreements in the manner provided by this subsection. ``(e) Relation to Rights-of-Way.--Neither the designation of a national discovery trail nor any plan related thereto shall affect, or be considered, in the granting or denial of a right-of-way or any conditions relating thereto. ``(f) Cooperative Administration.--The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with a competent trailwide volunteer-based organization. ``(g) Relation to Other Trails.--Where national discovery trails are congruent with other local, State, national scenic, or national historic trails, the designation of the national discovery trail shall not in any way diminish the values and significance for which these trails were established.''. (c) Conditions on Conduct of Feasibility Studies.--Section 5(b) of the National Trails System Act (16 U.S.C. 1244(b)) is amended-- (1) by redesignating paragraphs (1) through (10) as subparagraphs (A) through (J), respectively; (2) by striking ``the'' at the beginning of each of subparagraphs (A) through (J), as so redesignated, and inserting ``The''; (3) by striking the semicolon at the end of each of subparagraphs (A) through (I), as so redesignated, and inserting a period; (4) in subparagraph (J), as so redesignated, by striking ``; and'' and inserting a period; (5) by inserting ``(1)'' after ``(b)'' at the beginning of the subsection; (6) by redesignating paragraph (11) as paragraph (2) and conforming the margins to paragraph (1); and (7) by adding at the end the following new paragraph: ``(3)(A) For purposes of this subsection, a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: ``(i) The trail must link to one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code), and the trail should also join with other trails, thereby tying the National Trails System to significant recreation and resources areas. ``(ii) The trail must be supported by at least one competent trailwide volunteer-based organization, and must have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. ``(iii) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. ``(B) National discovery trails are specifically exempted from the provisions of sections 7(g) of this Act. ``(C) The appropriate Secretary shall obtain written consent from affected landowners prior to entering nonpublic lands for the purposes of conducting any surveys or studies of nonpublic lands relating to designating or administering national discovery trails.''. (d) Comprehensive National Discovery Trail Plan.--Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following new subsection: ``(g) Comprehensive National Discovery Trail Plan.-- ``(1) Preparation and submission.--Within three complete fiscal years after the date of enactment of legislation designating a national discovery trail, the responsible Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a comprehensive plan for the protection, management, development, and use of the Federal portions of the trail and for the provision of technical assistance to States and local units of government and private landowners, as requested, for non-Federal portions of the trail. ``(2) Cooperation and consultation.--In developing a comprehensive management plan for a national discovery trail, the responsible Secretary shall cooperate to the fullest practicable extent with the organizations sponsoring the trail. The responsible Secretary shall ensure that the comprehensive plan does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. ``(3) Special requirements of plan.--Components of the comprehensive management plan for a national discovery trail shall include the following: ``(A) Policies, objectives, and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail, and procedures for implementation, where appropriate. ``(B) Strategies for trail protection to retain the values for which the trail is being established and recognized by the Federal Government. ``(C) General and site-specific trail-related development, including anticipated costs. ``(D) The process to be followed to implement the trail marking authorities in section 7(c) conforming to approved trail logo or emblem requirements.''. (e) Conforming Amendments to Reflect New Category of National Trail.--The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking ``scenic and historic'' and inserting ``scenic, historic, and discovery''; (2) in section 5 (16 U.S.C. 1244)-- (A) by striking the section heading and ``Sec. 5. (a)'' and inserting the following: ``SEC. 5. NATIONAL SCENIC, NATIONAL HISTORIC, AND NATIONAL DISCOVERY TRAILS. ``(a) Congressionally Authorized Trails.--''; (B) in subsection (a), in the matter preceding paragraph (1)-- (i) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; and (ii) by striking ``and National Historic'' and inserting ``, National Historic, and National Discovery''; and (C) in subsection (b)(1) (as amended by subsection (c) of this section)-- (i) in the matter preceding subparagraph (A), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; and (ii) in subparagraph (C), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; and (3) in section 7 (16 U.S.C. 1246)-- (A) in subsection (a)(2), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (B) in subsection (b), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (C) in subsection (c)-- (i) by striking ``scenic or national historic'' each place it appears and inserting ``scenic, national historic, or national discovery''; (ii) in the second proviso, by striking ``scenic, or national historic'' and inserting ``scenic, national historic, or national discovery''; and (iii) by striking ``, and national historic'' and inserting ``, national historic, and national discovery''; (D) in subsection (d), by striking ``or national historic'' and inserting ``national historic, or national discovery''; (E) in subsection (e), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (F) in subsection (f)(2), by striking ``National Scenic or Historic Trail'' and inserting ``national scenic, historic, or discovery trail''; (G) in subsection (h)(1), by striking ``or national historic'' and inserting ``national historic, or national discovery''; and (H) in subsection (i), by striking ``or national historic'' and inserting ``national historic, or national discovery''. SEC. 3. DESIGNATION OF AMERICAN DISCOVERY TRAIL AS A NATIONAL DISCOVERY TRAIL. Section 5(a) of National Trails System Act (16 U.S.C. 1244(a)) is amended-- (1) by redesignating the second paragraph (21) as paragraph (22); and (2) by adding at the end the following new paragraph: ``(23) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization, affected land managing agencies and State and local governments as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The American Discovery Trail is specifically exempted from the provisions of subsection (e), (f), and (g) of section 7.''.

National Discovery Trails Act of 2001 - Amends the National Trails System Act to provide for the establishment, as components of the National Trails System, of national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities.Authorizes the designation of such trails on Federal lands and, with the consent of the owner, on non-Federal lands. Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization.Provides requirements for designation as a national discovery trail.Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado.

To amend the National Trails System Act to authorize an additional category of national trail known as a national discovery trail, to provide special requirements for the establishment and administration of national discovery trails, and to designate the cross country American Discovery Trail as the first national discovery trail.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Restore Agriculture Productivity Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Removal of caps on loan rates under Agricultural Market Transition Act. Sec. 3. Extension of marketing loan term. Sec. 4. Consideration of crops typically grown on lands eligible for enrollment in conservation reserve. Sec. 5. Expanded enrollment authority under conservation reserve program. Sec. 6. Early release of certain acreage enrolled in conservation reserve. Sec. 7. Review of Federal laws and regulations that prohibit the sale or provision of agricultural commodities to foreign countries. SEC. 2. REMOVAL OF CAPS ON LOAN RATES UNDER AGRICULTURAL MARKET TRANSITION ACT. (a) Special Rule for 1999-2002 Crops.--Section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by adding at the end the following new subsection: ``(g) Lifting of Caps for 1999-2002 Crops.-- ``(1) In general.--The cap specified in this section on the loan rate for a marketing assistance loan for a loan commodity shall not apply with respect to the 1999 through 2002 crops of that commodity. With respect to the 1999 through 2002 crops of rice, the Secretary may establish a loan rate in excess of the rate specified in subsection (e). ``(2) Retroactive application.--In the case of the 1999 crop of each loan commodity, the Secretary shall adjust marketing assistance loans and loan deficiency payments made before the date of the enactment of this subsection to reflect the requirements of paragraph (1).''. SEC. 3. EXTENSION OF MARKETING LOAN TERM. Section 133 of the Agricultural Market Transition Act (7 U.S.C. 7233) is amended by striking subsection (c) and inserting the following new subsection: ``(c) Extensions Authorized.--The Secretary may extend the term of a marketing assistance loan for any loan commodity for a period not to exceed 6 months.''. SEC. 4. CONSIDERATION OF CROPS TYPICALLY GROWN ON LANDS ELIGIBLE FOR ENROLLMENT IN CONSERVATION RESERVE. Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by adding at the end the following new subsection: ``(h) Consideration of Crops Grown on Lands Otherwise Eligible for Enrollment.--In the case of the croplands described in paragraphs (1) and (4) of subsection (b) that are eligible for enrollment in the conservation reserve, the Secretary may consider the types of agricultural commodities typically grown on the lands for the purpose of enrolling lands that, while promoting the conservation and water quality objectives of this subchapter, will also reduce excess productive capacity and improve the prices producers receive for the commodities.''. SEC. 5. EXPANDED ENROLLMENT AUTHORITY UNDER CONSERVATION RESERVE PROGRAM. Section 1231(d) of the Food Security Act of 1985 (16 U.S.C. 3831(d)) is amended-- (1) by inserting ``(1)'' before ``The Secretary''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding the limitation in paragraph (1) on the total acreage authorized to be maintained in the conservation reserve, the Secretary may enroll additional acreage in the reserve to the extent that amounts are appropriated in advance specifically for that purpose in annual appropriations Acts.''. SEC. 6. EARLY RELEASE OF CERTAIN ACREAGE ENROLLED IN CONSERVATION RESERVE. The Food Security Act of 1985 is amended by inserting after section 1231 (16 U.S.C. 3831) the following new section: ``SEC. 1231A. EARLY RELEASE OF CERTAIN ACREAGE ENROLLED IN CONSERVATION RESERVE. ``(a) Early Release Authority.--If the Secretary determines that, as a result of the enrollment of land in the conservation reserve under the authority of section 1231(d)(2), sales of a United States agriculture commodity is being displaced due to increased production of that commodity by foreign countries, the Secretary may permit the early release of lands from the conservation reserve pursuant to this section to increase the United States production of that commodity. The Secretary shall make a determination under this subsection on the basis of information provided by the Foreign Agricultural Service. ``(b) Public and Congressional Notification.--Not later than 30 days before permitting the early release of conservation reserve lands for the production of an agricultural commodity, the Secretary shall publish in the Federal Register and submit to Congress written notice describing the justification for the commodity selected, the number of acres that the Secretary seeks to release, and the qualifications and exclusions relevant to that release. ``(c) Selection of Land for Release.--Lands may be released under this section only if-- ``(1) the lands were used for the production of the agricultural commodity covered by the release before the enrollment of the lands in the conservation reserve; ``(2) the lands were enrolled in the conservation reserve using funds appropriated pursuant to the authorization of appropriations in section 1231(d)(2); ``(3) the holder of the contract by which the lands were enrolled in the conservation reserve applies for and requests the release; and ``(4) the contract holder agrees to produce the commodity covered by the release during the first crop year commencing after the release of the lands. ``(d) Environmental Considerations.--In considering applications by contract holders for the release of lands, the Secretary shall use existing environmental benefits assessments applicable to the lands. Lands which are reserved for high-priority conservation practices, consistent with the conservation priority areas established under section 1231(f) and precedented exclusions for release from the conservation reserve, are not eligible for early release under this section. ``(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the selection of lands for release from the conservation reserve and the use of the lands upon release as the Secretary considers appropriate.''. SEC. 7. REVIEW OF FEDERAL LAWS AND REGULATIONS THAT PROHIBIT THE SALE OR PROVISION OF AGRICULTURAL COMMODITIES TO FOREIGN COUNTRIES. (a) Sense of the Congress.--It is the sense of the Congress that any Federal law or regulation that prohibits or otherwise restricts the sale or provision of agricultural commodities to foreign countries should be maintained only if the prohibition under the law or regulation is essential to the national security interests of the United States. (b) Study.-- (1) In general.--The President shall conduct an annual study of every Federal law or regulation that prohibits or otherwise restricts the sale or provision of agricultural commodities to foreign countries to determine-- (A) whether or not the prohibition under such law or regulation is essential to the national security interests of the United States, including a description of the risk to the national security interests posed by the removal of the prohibition; and (B) the effects of the prohibition under such law or regulation on United States agriculture, including an assessment-- (i) of the extent to which any country or countries subject to the prohibition are markets that accounted for, in the calendar year preceding the imposition of the prohibition, more than 3 percent of all export sales from the United States of an agricultural commodity; (ii) of the likely effect on incomes of producers of the commodity involved; (iii) of the extent to which the unilateral economic sanction would permit foreign suppliers to replace United States suppliers; and (iv) of the likely effect of the proposed sanction on the reputation of United States farmers as reliable suppliers of specific agricultural commodities and of agricultural commodities in general. (2) Secretary of agriculture.--The President, acting through the Secretary of Agriculture, shall conduct the assessment described in paragraph (1)(B). (c) Report.--Not later than 1 year after the date of the enactment of this Act, and on an annual basis thereafter, the President shall prepare and transmit to the appropriate congressional committees a report containing the results of the study under subsection (b). (d) Definitions.--In this section: (1) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

Restore Agriculture Productivity Act of 1999 - Amends the Agricultural Market Transition Act to remove 1999-2002 marketing loan rate caps. Applies such provision retroactively to the 1999 commodity crops. (Sec. 3) Authorizes up to six-month marketing loan extensions. (Sec. 4) Amends the Food Security Act of 1985, with respect to the conservation reserve program, to authorize the Secretary of Agriculture to: (1) consider for enrollment purposes crops typically grown on eligible land that will reduce excess productivity and improve crop prices; (2) increase enrolled acreage; and (3) provide for early acreage release in certain cases of foreign displacement of U.S. commodities. (Sec. 7) Expresses the sense of Congress that Federal restrictions on foreign sales of U.S. commodities should be maintained only if essential to national security. Directs the President to conduct an annual review of such restrictions.

Restore Agriculture Productivity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Scholarship Fraud Prevention Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A substantial amount of fraud occurs in the offering of college education financial assistance services to consumers. (2) Such fraud includes the following: (A) Misrepresentations regarding the provision of sources from which consumers may obtain financial assistance (including scholarships, grants, loans, tuition, awards, and other assistance) for purposes of financing a college education. (B) Misrepresentations regarding the provision of portfolios of such assistance tailored to the needs of specific consumers. (C) Misrepresentations regarding the pre-selection of students as eligible to receive such assistance. (D) Misrepresentations that such assistance will be provided to consumers who purchase specified services from specified entities. (E) Misrepresentations regarding the business relationships between particular entities and entities that award or may award such assistance. (F) Misrepresentations regarding refunds of processing fees if consumers are not provided specified amounts of such assistance, and other misrepresentations regarding refunds. (3) In 1996, the Federal Trade Commission launched ``Project Scholarscam'', a joint law enforcement and consumer education campaign directed at fraudulent purveyors of so- called ``scholarship services''. (4) Despite the efforts of the Federal Trade Commission, colleges and universities, and nongovernmental organizations, the continued lack of awareness about scholarship fraud permits a significant amount of fraudulent activity to occur. SEC. 3. SENTENCING ENHANCEMENT FOR HIGHER EDUCATION FINANCIAL ASSISTANCE FRAUD. Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in order to provide for enhanced penalties for any offense involving fraud or misrepresentation in connection with the obtaining or providing of, or the furnishing of information to a consumer on, any scholarship, grant, loan, tuition, discount, award, or other financial assistance for purposes of financing an education at an institution of higher education, such that those penalties are comparable to the base offense level for misrepresentation that the defendant was acting on behalf of a charitable, educational, religious, or political organization, or a government agency. SEC. 4. EXCLUSION OF DEBTS RELATING TO COLLEGE FINANCIAL ASSISTANCE SERVICES FRAUD FROM PERMISSIBLE EXEMPTIONS OF PROPERTY FROM ESTATES IN BANKRUPTCY. Section 522(c) of title 11, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; or''; and (3) by adding at the end the following: ``(4) a debt in connection with fraud in the obtaining or providing of any scholarship, grant, loan, tuition, discount, award, or other financial assistance for purposes of financing an education at an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1954 (20 U.S.C. 1001)).''. SEC. 5. SCHOLARSHIP FRAUD ASSESSMENT AND AWARENESS ACTIVITIES. (a) Annual Report on Scholarship Fraud.-- (1) Requirement.--The Attorney General and the Secretary of Education, in conjunction with the Federal Trade Commission, shall jointly submit to Congress each year a report on fraud in the offering of financial assistance for purposes of financing an education at an institution of higher education. Each report shall contain an assessment of the nature and quantity of incidents of such fraud during the one-year period ending on the date of such report. (2) Initial report.--The first report under paragraph (1) shall be submitted not later than 18 months after the date of the enactment of this Act. (b) National Awareness Activities.--The Secretary of Education shall, in conjunction with the Federal Trade Commission, maintain a scholarship fraud awareness site on the Internet web site of the Department of Education. The scholarship fraud awareness site may include the following: (1) Appropriate materials from the Project Scholarscam awareness campaign of the Commission, including examples of common fraudulent schemes. (2) A list of companies and individuals who have been convicted of scholarship fraud in Federal or State court. (3) An Internet-based message board to provide a forum for public complaints and experiences with scholarship fraud. (4) An electronic comment form for individuals who have experienced scholarship fraud or have questions about scholarship fraud, with appropriate mechanisms for the transfer of comments received through such forms to the Department and the Commission. (5) Internet links to other sources of information on scholarship fraud, including Internet web sites of appropriate nongovernmental organizations, colleges and universities, and government agencies. (6) An Internet link to the Better Business Bureau in order to assist individuals in assessing the business practices of other persons and entities. (7) Information on means of communicating with the Federal Student Aid Information Center, including telephone and Internet contact information.

Excludes debts in connection with such fraud from permissible exemptions of property from estates in bankruptcy. Directs the Secretary of Education: (1) and the Attorney General, in conjunction with the FTC, to report jointly to Congress each year on fraud in the offering of financial assistance for financing an education at an institution of higher education; and (2) in conjunction with the FTC, to maintain a scholarship fraud awareness site on the Internet web site of the Department of Education.

College Scholarship Fraud Prevention Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copper Theft Prevention Act of 2008''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) since 2006, metal theft, particularly the theft of copper, has been on the rise, largely due to a surge in the global demand for scrap metal; (2) the price of copper has risen from $2 per pound in mid- 2006 to more than $4 per pound in early 2008; (3) theft of copper is jeopardizing the critical infrastructure of the United States through theft of the copper in transportation, electrical, and telecommunications networks; (4) from January 2006 through March 2007, 270 copper thefts from electric utilities in 42 States were reported; (5) many arrests of copper thieves show a growing connection between the thefts and illegal drug activity, particularly activity relating to methamphetamine; (6) the 2008 Threat Assessment of the National Drug Intelligence Center shows a growing threat of methamphetamine use; (7) law enforcement officials have testified that legislation will help combat methamphetamine problems, as metal theft has become a favored method of raising money to satisfy methamphetamine addiction; (8) copper thefts are increasing primarily because of the lack of pressure on the scrap and salvage yards that pay for copper and other precious metal without asking questions about the source of the metal; and (9) combating the problem of copper theft will require improved communications between metal businesses and law enforcement agencies. (b) Purposes.--The purposes of this Act are-- (1) to protect consumers, businesses, critical infrastructure, and State and local governments in the United States from the problem of copper theft (including any related adverse health and safety risks caused by copper theft); and (2) to permit legitimate transactions to continue to take place by establishing a system to document metal transactions between sellers and buyers while addressing the growing problem of copper theft that facilitates illegal drug use and other crimes. SEC. 3. DEFINITION OF SECONDARY COPPER RECYCLER. In this Act, the term ``secondary copper recycler'' means any person that is engaged, from a fixed location or otherwise, in the business of paying compensation for copper that has served its original economic purpose, regardless of whether the person is engaged in the business of performing the manufacturing process by which copper is converted into raw material products consisting of prepared grades and having an existing or potential economic value. SEC. 4. REQUIREMENTS ON COPPER RECYCLERS. (a) Records.-- (1) In general.--A secondary copper recycler shall maintain a legible record of all copper property purchase transactions to which the secondary copper recycler is a party that includes, for each transaction-- (A) the name and address of the secondary copper recycler; (B) the date of the transaction; (C) the weight, quantity, or volume of copper property purchased, including-- (i) the consideration paid by the secondary copper recycler; and (ii) a description of the type of copper property purchased in the purchase transaction, including a general physical description (such as by describing the copper property as wire, tubing, extrusions, or casting); (D) the name and address of the person delivering the copper property to the secondary copper recycler; (E) the distinctive number from a Federal or State government-issued identification with a photograph of the person delivering the copper property to the secondary copper recycler, and the type of the identification; and (F) the license tag number, State of issue, make, and model, if available, of the vehicle used to deliver the copper property to the secondary copper recycler. (2) Repeat sellers.--In the case of a person that sells copper property to the same secondary copper recycler more than once, the secondary copper recycler may comply with this subsection by-- (A) maintaining a record relating to the seller; and (B) including in the record for subsequent transactions only the information relating to a seller that has changed. (3) Minimum period.--A secondary copper recycler shall maintain or cause to be maintained the records required by this subsection for not less than 1 year beginning on the date of the purchase transaction. (b) Prohibition Against Certain Cash Transactions.-- (1) In general.--A secondary copper recycler shall not enter into any cash transaction in excess of $250 in payment for the purchase of copper property. (2) Requirements.--For any purchase of copper property in excess of $250-- (A) a secondary copper recycler shall make payment by check issued to the seller of the copper property; and (B) the check shall be payable to the name and address of the seller or picked up in person by the seller. (c) Penalty.-- (1) Civil penalty.--A secondary copper recycler who violates subsection (a) or (b) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000. (2) No criminal liability.--Subject to section 5, a violation of subsection (a) or (b)-- (A) shall not constitute a crime; and (B) in the event of a judgment for the United States and imposition of a civil penalty pursuant to paragraph (1), shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense. SEC. 5. RULE OF CONSTRUCTION REGARDING STATE AND LOCAL GOVERNMENT REQUIREMENTS. Nothing in this Act prohibits a State or local government from adopting any requirement in addition to the requirements under this Act to govern the purchase of copper property by a secondary copper recycler. SEC. 6. PROTECTION OF PERSONAL INFORMATION. (a) In General.--A secondary copper recycler or the agent, employee, or representative of a secondary copper recycler shall not disclose personal information concerning a customer obtained under this Act without the consent of the customer unless the disclosure is made in response to a request from a law enforcement agency. (b) Safeguards.--A secondary copper recycler shall implement reasonable safeguards-- (1) to protect the security of the personal information required under section 4(a)(1); and (2) to prevent unauthorized access to or disclosure of that information.

Copper Theft Prevention Act of 2008 - Requires secondary copper recyclers (purchasers of copper that has served its original economic purpose) to keep records for at least one year of all purchases of copper property. Prohibits such recyclers from accepting cash in excess of $250 for the purchase of copper property. Imposes a civil penalty of up to $10,000 for violations of this Act.

A bill to require certain metal recyclers to keep records of their transactions in order to deter individuals and enterprises engaged in theft and interstate fencing of stolen copper, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Department of Energy University Nuclear Science and Engineering Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) U.S. university nuclear science and engineering programs are in a state of serious decline. The supply of bachelor degree nuclear science and engineering personnel in the United States is at a 35-year-low. The number of four year degree nuclear engineering programs has declined 50 percent to approximately 25 programs nationwide. Over two-thirds of the faculty in these programs are 45 years or older. (2) Universities cannot afford to support their research and training reactors. Since 1980, the number of small training reactors in the United States have declined by over 50 percent to 28 reactors. Most of these reactors were built in the late 1950's and 1960's with 30- to 40-year operating licenses, and will require re-licensing in the next several years. (3) The neglect in human investment and training infrastructure is affecting 50 years of national R&D investment. The decline in a competent nuclear workforce, and the lack of adequately trained nuclear scientists and engineers, will affect the ability of the United States to solve future waste storage issues, operate existing and design future fission reactors in the United States, respond to future nuclear events worldwide, help stem the proliferation of nuclear weapons, and design and operate naval nuclear reactors. (4) Future neglect in the nation's investment in human resources for the nuclear sciences will lead to a downward spiral. As the number of nuclear science departments shrink, faculties age, and training reactors close, the appeal of nuclear science will be lost to future generations of students. (5) Current projections are that 50 percent of industry's nuclear workforce can retire in 10 to 15 years, and 76 percent of the nuclear workforce at our national labs can retire in the next 5 years. A new supply of trained scientists and engineers to replace this retiring workforce is urgently needed. (6) The Department of Energy's Office of Nuclear Energy, Science and Technology is well suited to help maintain tomorrow's human resource and training investment in the nuclear sciences. Through its support of research and development pursuant to the Department's statutory authorities, the Office of Nuclear Energy, Science and Technology is the principal federal agent for civilian research in the nuclear sciences for the United States. The Office maintains the Nuclear Engineering and Education Research Program which funds basic nuclear science and engineering. The Office funds the Nuclear Energy and Research Initiative which funds applied collaborative research among universities, industry and national laboratories in the areas of proliferation resistant fuel cycles and future fission power systems. The Office funds Universities to refuel training reactors from highly enriched to low enriched proliferation tolerant fuels, performs instrumentation upgrades and maintains a program of student fellowships for nuclear science and engineering. SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (a) Establishment.--The Secretary of Energy, through the Office of Nuclear Energy, Science and Technology, shall support a program to maintain the nation's human resource investment and infrastructure in the nuclear sciences and engineering consistent with the Department's statutory authorities related to civilian nuclear research and development. (b) Duties of the Office of Nuclear Energy, Science and Technology.--In carrying out the program under this Act, the Director of the Office of Nuclear Science and Technology shall-- (1) develop a robust graduate and undergraduate fellowship program to attract new and talented students; (2) assist universities in recruiting and retaining new faculty in the nuclear sciences and engineering through a Junior Faculty Research Initiation Grant Program; (3) maintain a robust investment in the fundamental nuclear sciences and engineering through the Nuclear Engineering Education Research Program; (4) encourage collaborative nuclear research between industry, national laboratories and universities through the Nuclear Energy Research Initiative; and (5) support communication and outreach related to nuclear science and engineering. (c) Maintaining University Research and Training Reactors and Associated Infrastructure.--Within the funds authorized to be appropriated pursuant to this Act, the amounts specified under section 4(b) shall, subject to appropriations, be available for the following research and training reactor infrastructure maintenance and research: (1) Refueling of research reactors with low enriched fuels, upgrade of operational instrumentation, and sharing of reactors among universities. (2) In collaboration with the U.S. nuclear industry, assistance, where necessary, in re-licensing and upgrading training reactors as part of a student training program. (3) A reactor research and training award program that provides for reactor improvements as part of a focused effort that emphasizes research, training, and education. (d) University-DOE Laboratory Interactions.--The Secretary of Energy, through the Office of Nuclear Science and Technology, shall develop-- (1) a sabbatical fellowship program for university professors to spend extended periods of time at Department of Energy laboratories in the areas of nuclear science and technology; and (2) a visiting scientist program in which laboratory staff can spend time in academic nuclear science and engineering departments. The Secretary may under section 3(b)(1) provide for fellowships for students to spend time at Department of Energy laboratories in the area of nuclear science under the mentorship of laboratory staff. (e) Operations and Maintenance.--For the research programs described, portions thereof may be used to supplement operation of the research reactor during investigator's proposed effort provided the host institution provides cost sharing in the reactor's operation. (f) Merit Review Required.--All grants, contracts, cooperative agreements, or other financial assistance awards under this Act shall be made only after independent merit review. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Total Authorization.--The following sums are authorized to be appropriated to the Secretary of Energy, to remain available until expended, for the purposes of carrying out this Act: (1) $30,200,000 for fiscal year 2002. (2) $42,000,000 for fiscal year 2003. (3) $47,850,000 for fiscal year 2004. (4) $55,600,000 for fiscal year 2005. (5) $64,100,000 for fiscal year 2006. (b) Graduate and Undergraduate Fellowships.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(1): (1) $3,000,000 for fiscal year 2002. (2) $3,100,000 for fiscal year 2003. (3) $3,200,000 for fiscal year 2004. (4) $3,200,000 for fiscal year 2005. (5) $3,200,000 for fiscal year 2006. (c) Junior Faculty Research Initiation Grant Program.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(2): (1) $5,000,000 for fiscal year 2002. (2) $7,000,000 for fiscal year 2003. (3) $8,000,000 for fiscal year 2004. (4) $9,000,000 for fiscal year 2005. (5) $10,000,000 for fiscal year 2006. (d) Nuclear Engineering and Education Research Program.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(3): (1) $8,000,000 for fiscal year 2002. (2) $12,000,000 for fiscal year 2003. (3) $13,000,000 for fiscal year 2004. (4) $15,000,000 for fiscal year 2005. (5) $20,000,000 for fiscal year 2006. (e) Communication and Outreach Related to Nuclear Science and Engineering.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(5): (1) $200,000 for fiscal year 2002. (2) $200,000 for fiscal year 2003. (3) $300,000 for fiscal year 2004. (4) $300,000 for fiscal year 2005. (5) $300,000 for fiscal year 2006. (f) Refueling of Research Reactors and Instrumentation Upgrades.-- Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(1): (1) $6,000,000 for fiscal year 2002. (2) $6,500,000 for fiscal year 2003. (3) $7,000,000 for fiscal year 2004. (4) $7,500,000 for fiscal year 2005. (5) $8,000,000 for fiscal year 2006. (g) Re-Licensing Assistance.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(2): (1) $1,000,000 for fiscal year 2002. (2) $1,100,000 for fiscal year 2003. (3) $1,200,000 for fiscal year 2004. (4) $1,300,000 for fiscal year 2005. (5) $1,300,000 for fiscal year 2006. (h) Reactor Research and Training Award Program.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(3): (1) $6,000,000 for fiscal year 2002. (2) $10,000,000 for fiscal year 2003. (3) $14,000,000 for fiscal year 2004. (4) $18,000,000 for fiscal year 2005. (5) $20,000,000 for fiscal year 2006. (i) University-DOE Laboratory Interactions.--Of the funds under subsection (a), the following sums are authorized to be appropriated to carry out section 3(d): (1) $1,000,000 for fiscal year 2002. (2) $1,100,000 for fiscal year 2003. (3) $1,200,000 for fiscal year 2004. (4) $1,300,000 for fiscal year 2005. (5) $1,300,000 for fiscal year 2006.

Department of Energy University Nuclear Science and Engineering Act - Instructs the Secretary of Energy, acting through the Office of Nuclear Energy, Science and Technology, to support a program to maintain the nation's human resource investment and infrastructure in nuclear sciences and engineering.Directs the Secretary to: (1) promote interactions between university and Department of Energy (DOE) laboratories; and (2) provide student fellowships at DOE nuclear science laboratories.Authorizes appropriations through FY2006 that target: (1) graduate and undergraduate fellowships; (2) junior faculty research initiation grant programs; (3) nuclear engineering and education research programs; (4) communication and outreach related to nuclear science and engineering; (5) refueling research reactors and instrumentation upgrades; (6) re-licensing assistance; (7) reactor research and training award program; and (8) university-DOE laboratory interactions.

To authorize funding for University Nuclear Science and Engineering Programs at the Department of Energy for fiscal years 2002 through 2006.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Isolating ISIS Act''. SEC. 2. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS. (a) Prohibitions and Conditions With Respect to Certain Accounts Held by Foreign Financial Institutions.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other applicable Federal departments and agencies, shall prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary of the Treasury determines, on or after the date of the enactment of this Act, engages in an activity described in paragraph (2). (2) Activities described.--A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution-- (A) knowingly facilitates a transaction or transactions for the Islamic State of Iraq and Syria; (B) knowingly facilitates a transaction or transactions of a person designated for acting on behalf of or at the direction of, or owned or controlled by, the Islamic State of Iraq and Syria; (C) knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); (D) knowingly facilitates a transaction or transactions or provides financial services to carry out an activity described in subparagraph (A), (B), or (C), including-- (i) facilitating a transaction or transactions; or (ii) providing financial services that involve a transaction of any goods; or (E)(i) knowingly facilitates, or participates or assists in, an activity described in subparagraph (A), (B), (C), or (D), including by acting on behalf of, at the direction of, or as an intermediary for, or otherwise assisting, another person with respect to the activity described in any such subparagraph; (ii) knowingly attempts or conspires to facilitate or participate in an activity described in subparagraph (A), (B), (C), or (D); or (iii) is owned or controlled by a foreign financial institution that the Secretary finds knowingly engages in an activity described in subparagraph (A), (B), (C), or (D). (3) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of the prohibition or strict conditions referred to in paragraph (1) of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (4) Regulations.--The Secretary of the Treasury shall prescribe and implement regulations to carry out this subsection. (b) Waiver.-- (1) In general.--The Secretary of the Treasury, in consultation with the Secretary of State and the heads of other applicable Federal departments and agencies, may waive, on a case-by-case basis, the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, on and after the date that the Secretary of the Treasury, in consultation with the Secretary of State-- (A) determines that such a waiver is in the national security interests of the United States; and (B) submits to the appropriate congressional committees a report describing the reasons for the determination. (2) Form.--The report required by subparagraph (1) shall be submitted in unclassified form, but may contain a classified annex. (c) Provisions Relating to Foreign Financial Institutions.-- (1) Report.--Not later than 45 days after the date of the enactment of this Act and every 180 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that-- (A) identifies each foreign central bank that the Secretary determines engages in one or more activities described in subsection (a)(2)(D); and (B) provides a detailed description of each such activity. (2) Special rule to allow for termination of sanctionable activity.--The Secretary of the Treasury shall not be required to apply sanctions to a foreign financial institution described in subsection (a) if the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other applicable Federal departments and agencies, certifies in writing to the appropriate congressional committees that-- (A) the foreign financial institution-- (i) is no longer engaging in an activity described in subsection (a)(2); or (ii) has taken and is continuing to take significant verifiable steps toward terminating the activity described in subsection (a)(2); and (B) the Secretary has received reliable assurances from the government with primary jurisdiction over the foreign financial institution that the foreign financial institution will not engage in any activity described in subsection (a)(2) in the future. (d) Definitions.-- (1) In general.--In this section: (A) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code. (B) Financial institution.--The term ``financial institution'' means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code. (C) Foreign financial institution.--The term ``foreign financial institution'' has the meaning of such term in section 1010.605 of title 31, Code of Federal Regulations, and includes a foreign central bank. (D) Money laundering.--The term ``money laundering'' means any of the activities described in paragraph (1), (2), or (3) of section 1956(a) of title 18, United States Code, with respect to which penalties may be imposed pursuant to such section. (2) Other definitions.--The Secretary of the Treasury may further define the terms used in this section in the regulations prescribed under this section. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO UNITED STATES PERSONS THAT ENGAGE IN TRANSACTIONS WITH CERTAIN FOREIGN PERSONS. (a) In General.--The President shall impose sanctions in accordance with subsection (c) with respect to each person on the list required by subsection (b). (b) List.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of United States persons that the President determines have knowingly engaged in an activity described in paragraph (2) on or after such date of enactment. (2) Activity described.-- (A) In general.--A person engages in an activity described in this paragraph if the person knowingly engages in a transaction or transactions with a foreign person that transfers or receives, or facilitates the transfer or receipt of, any goods or services to or from the Islamic State of Iraq and Syria. (B) Applicability to contracts and other agreements.--A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after the date of the enactment of this Act. (3) Special rule to allow for termination of sanctionable activity.--The President shall not be required to include a person on the list required by paragraph (1) if the President certifies in writing to the appropriate congressional committees that-- (A) the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and (B) the President has received reliable assurances that the person will not knowingly engage in any activity described in paragraph (2) in the future. (4) Updates of list.--The President shall submit to the appropriate congressional committees an updated list under paragraph (1) as new information becomes available. (5) Form of report; public availability.-- (A) Form.--The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability.--The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (c) Application of Sanctions.-- (1) In general.--The President shall impose sanctions described in paragraph (2) with respect to a person on the list required by subsection (b). (2) Sanctions.--The sanctions described in this paragraph are the following: (A) No assistance may be provided to the person under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.). (B) The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the person. (C) The President may impose additional sanctions, as appropriate, with respect to the person in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (d) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means-- (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other nongovernmental entity which is not a United States person. (2) Person.-- (A) In general.--The term ``person'' means-- (i) a natural person; (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) any successor to any entity described in clause (ii). (B) Application to governmental entities.--The term ``person'' does not include a government or governmental entity that is not operating as a business enterprise. (3) United states person.--The term ``United States person'' means-- (A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and (B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity. SEC. 4. REGULATORY AUTHORITY. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the President shall promulgate regulations as necessary for the implementation of this Act. (b) Notification to Congress.--Not later than 10 days before the promulgation of regulations under subsection (a), the President shall notify the appropriate congressional committees of such proposed regulations. SEC. 5. TERMINATION. This Act shall cease to be in effect beginning 30 days after the date on which the President certifies to Congress that the Islamic State of Iraq and Syria-- (1) is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (2) is no longer listed in the Annex to Executive Order No. 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and (3) poses no significant threat to United States national security, interests, or allies. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act shall apply to the authorized intelligence activities of the United States. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Islamic state of iraq and syria.--The term ``Islamic State of Iraq and Syria'' includes-- (A) any person-- (i) the property of or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); and (ii) who is identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury as an agent, instrumentality, or affiliate of the Islamic State of Iraq and Syria; and (B) the entity designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

Isolating ISIS Act - Directs the Secretary of the Treasury to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that knowingly: facilitates a transaction for the Islamic State of Iraq and Syria (ISIS); facilitates a transaction of a person designated for acting on behalf of or at the direction of, or owned or controlled by, ISIS; engages in money laundering to carry out such an activity; facilitates a transaction or provides financial services to carry out such an activity; or facilitates such an activity, conspires to facilitate or participate in such an activity, or is owned or controlled by a foreign financial institution that knowingly engages in such an activity. Applies specified penalties under the International Emergency Economic Powers Act for violations of this Act. Authorizes the Secretary to waive the application of a prohibition for up to 180 days (with renewable 180-day waivers) if in U.S. national security interests, and with congressional notification. Directs the Secretary to identify to Congress every 180 days each foreign central bank that carries out a prohibited activity. Directs the President to transmit to Congress a list of, and impose specified sanctions against, any person who knowingly engages in a transaction with a foreign person that transfers or receives, or facilitates the transfer or receipt of, any goods or services to or from ISIS. States that the President shall not be required to include a person on this list if: (1) that person is no longer engaging in or has taken significant steps toward stopping sanctioned activities, and (2) the President has received reliable assurances that such person will not knowingly engage in any new sanctioned activity. States that nothing in this Act shall apply to authorized U.S. intelligence activities.

Isolating ISIS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Legislative Exceptional Events Reforms Act of 2014''. SEC. 2. CLEAN AIR ACT EXCEPTIONAL EVENTS. Section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (i)-- (i) by striking ``(i) stagnation of air masses or'' and inserting ``(i)(I) ordinarily occurring stagnation of air masses or (II)''; and (ii) by inserting ``or'' after the semicolon; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii); and (2) in paragraph (3)-- (A) in subparagraph (B)(iv), by striking ``to petition the Administrator to'' and inserting ``to submit a petition (in this section referred to as an `exceptional event demonstration') to the Administrator to''; and (B) by adding at the end the following: ``(C) Criteria for determination of exceptional event demonstration.-- ``(i) In general.--The criteria for evidence, analyses, and documentation applicable to approval or disapproval of an exceptional event demonstration under the regulations under this section shall be stated with specificity in order to minimize the discretion of the Administrator in approving or disapproving that demonstration. ``(ii) State participation.--The Administrator shall develop the criteria in conjunction with input from the States. ``(iii) Contents.--The criteria shall reflect the varying levels of technical expertise and resources available in State and local agencies and the varying availability of meteorological and other monitoring data in rural areas, and may vary with respect to different regions. ``(iv) Considerations.--In developing the criteria, the Administrator shall consider the use of an expedited or streamlined approval process and conditions under which exceptional event demonstrations may be suitable for such a process. ``(D) Timing of determination of exceptional event demonstration.-- ``(i) Deadline for determination.-- ``(I) In general.--Not later than 90 days after submission of an exceptional event demonstration, the Administrator shall approve, disapprove, or request additional information from a State regarding the exceptional event demonstration. ``(II) Administration.--If the Administrator does not approve, disapprove, or request additional information relating to an exceptional event demonstration within the 90-day period described in subclause (I), the demonstration shall be considered to be approved on the day after the date on which that 90-day period ends. ``(ii) Deadline if additional information requested.-- ``(I) In general.--If the Administrator requests additional information from a State regarding an exceptional event demonstration under clause (i), not later than 90 days after the submission of that additional information, the Administrator shall approve or disapprove the demonstration. ``(II) Administration.--If the Administrator does not approve or disapprove a demonstration for which additional information is submitted within the 90-day period described in subclause (I), the demonstration shall be considered to be approved. ``(E) Burden of proof.--The regulations promulgated under this section shall provide that-- ``(i) a determination by the Administrator with respect to approval or disapproval of an exceptional event demonstration be based on a preponderance of the evidence; and ``(ii) in making a determination, the Administrator-- ``(I) shall accord substantial deference to the findings of the State exceptional event demonstration; and ``(II) may develop and use analyses and consider evidence not provided in the exceptional event demonstration, subject to the condition that the analyses are developed by the Environmental Protection Agency. ``(F) Appeals.-- ``(i) Disapproval.-- ``(I) In general.--Subject to subclause (II), disapproval by the Administrator of an exceptional event demonstration shall be considered final action subject to judicial review under section 307(b). ``(II) Limitation.--Notwithstanding subclause (I), disapproval by the Administrator of an exceptional event demonstration shall only be subject to appeal by the State that submitted the exceptional event demonstration. ``(ii) Approval.--Approval by the Administrator of an exceptional event demonstration shall not be subject to appeal or other judicial action.''. SEC. 3. REVISION OF REGULATIONS. After providing for a notice and comment period, but not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the regulations under section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) to carry out the amendments made by this Act.

Commonsense Legislative Exceptional Events Reforms Act of 2014 - Amends the Clean Air Act to revise the requirements for regulations that govern the review and handling of air quality monitoring data influenced by exceptional events. (The Environmental Protection Agency [EPA] may exclude monitored exceedances of the National Ambient Air Quality Standards from consideration when designating an area as nonattainment, redesignating an area as nonattainment, or reclassifying an existing nonattainment area to a higher classification if a state demonstrates that an exceptional event caused the exceedances.) Requires the criteria used to determine if an exceptional event was demonstrated to be specific in order to minimize the discretion of the EPA in approving or disapproving the demonstration. Requires the EPA to make a determination within 90 days after the submission of a petition by a state of an exceptional event demonstration. Considers the demonstration approved if the EPA does not make a determination by that deadline. Requires a determination to be based on a preponderance of the evidence and to accord substantial deference to the findings of the state exceptional event demonstration. Establishes an appeal process for reviewing a disapproval of a demonstration.

Commonsense Legislative Exceptional Events Reforms Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudbury, Assabet and Concord Wild and Scenic Rivers Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Title VII of Public Law 101-628-- (A) designated a 29 mile segment of the Sudbury, Assabet, and Concord Rivers for study of potential addition to the National Wild and Scenic Rivers System, and (B) directed the Secretary of the Interior to establish the Sudbury, Assabet, and Concord River Study Committee (in this Act referred to as the ``Study Committee'') to advise the Secretary of the Interior in conducting the study and concerning management alternatives should the river be included in the National Wild and Scenic Rivers System. (2) The study determined that all three segments of these rivers are eligible for inclusion in the National Wild and Scenic Rivers System based upon their free-flowing condition and outstanding scenic, recreation, wildlife, literary, and historic values. (3) The towns that directly abut the segments, including Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford, Carlisle, and Billerica, Massachusetts, have each demonstrated their desire for National Wild and Scenic River Designation through town meeting votes endorsing designation. (4) During the study, the Study Committee and the National Park Service prepared a comprehensive management plan for the segment, entitled ``Sudbury, Assabet and Concord Wild and Scenic River Study, River Conservation Plan'', dated March 16, 1995, which establishes objectives, standards, and action programs that will ensure long-term protection of the rivers' outstanding values and compatible management of their land and water resources. (5) The Study Committee voted unanimously on February 23, 1995, to recommend that the Congress include these segments in the National Wild and Scenic Rivers System for management in accordance with the River Conservation Plan. SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraphs: ``( ) Sudbury, assabet and concord rivers, massachusetts.-- ``(A) In general.--The 29 miles of river segments in Massachusetts consisting of the Sudbury River from the Danforth Street Bridge in Framingham downstream to its confluence with the Assabet River at Egg Rock; the Assabet River from a point 1,000 feet downstream of the Damondale Dam in Concord to its confluence with the Sudbury River at Egg Rock; and the Concord River from its origin at Egg Rock in Concord downstream to the Route 3 bridge in Billerica (in this paragraph referred to as the `segments'), as scenic and recreational river segments. The segments shall be administered by the SUASCO River Stewardship Council established under subparagraph (B) in cooperation with the Secretary of the Interior, through cooperative agreements under section 10(e) between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions (including the towns of Framingham, Wayland, Sudbury, Lincoln, Concord, Carlisle, Bedford, and Billerica), and shall be managed in accordance with the plan entitled ``Sudbury, Assabet and Concord Wild and Scenic River Study, River Conservation Plan'' dated March 16, 1995 (in this paragraph referred to as the `Plan'). The amount expended by the Federal Government for any activity implementing the Plan may not exceed 50 percent of the cost of the activity. For purposes of the preceding sentence, the cost of an activity includes the value of in-kind contributions used to carry out the activity. The Plan is deemed to satisfy the requirement for a comprehensive management plan under section 3(d). ``(B) Management committee.--To assist in the long- term protection of the segments and the implementation of this paragraph and the Plan, the Secretary of the Interior shall establish the SUASCO River Stewardship Council (in this paragraph referred to as the `Council') within 90 days after the date of enactment of this paragraph. The membership, functions, responsibilities, and administrative procedures of the Council shall be as set forth in the Plan. The Council shall not be considered to be a Federal advisory committee, and shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Federal role.--(i) The Director of the National Park Service (in this paragraph referred to as the `Director') or his or her designee shall represent the Secretary in the implementation of the Plan and the provisions of this Act with respect to the segments, including the review of proposed federally assisted water resources projects which could have a direct and adverse effect on the values for which the segment is established, as authorized under section 7(a). ``(ii) Pursuant to section 10(e) and section 11(b)(1), the Director shall offer to enter into cooperative agreements with the Commonwealth of Massachusetts, its relevant political subdivisions, the Sudbury Valley Trustees, and the Organization for the Assabet River. Such cooperative agreements shall be consistent with the Plan and may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation and enhancement of the segment. ``(iii) The Director may provide technical assistance, staff support, and funding to assist in the implementation of the Plan, except that the total cost to the Federal Government of activities to implement the Plan may not exceed $100,000 each fiscal year. ``(iv) Notwithstanding the provisions of section 10(c), any portion of the segments not already within the National Park System shall not under this paragraph-- ``(I) become a part of the National Park System; ``(II) be managed by the National Park System; or ``(III) be subject to regulations which govern the National Park System. ``(D) Water resources projects.--(i) In determining whether a proposed water resources project would have a direct and adverse effect on the values for which the segments were included in the National Wild and Scenic Rivers System, the Secretary shall specifically consider the extent to which the project is consistent with the Plan. ``(ii) The Plan, including the detailed Water Resources Study incorporated by reference therein and such additional analysis as may be incorporated in the future, shall serve as the primary source of information regarding the flows needed to maintain instream resources and potential compatibility between resource protection and possible additional water withdrawals. ``(E) Land management.--(i) The zoning bylaws of the towns of Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and Billerica, Massachusetts, as in effect on the date of enactment of this paragraph, are deemed to satisfy the standards and requirements under section 6(c). For the purpose of section 6(c), the towns are deemed to be `villages' and the provisions of that section which prohibit Federal acquisition of lands shall apply. ``(ii) The United States Government shall not acquire by any means title to land, easements, or other interests in land along the segments or their tributaries for the purposes of designation of the segments under this paragraph. Nothing in this Act shall prohibit Federal acquisition of interests in land along the segments under other laws for other purposes. ``(F) Distinct lateral boundaries.--Notwithstanding anything in section 3(b) of this Act to the contrary, no distinct lateral boundary shall be established for the segments, as set forth in the Plan. ``(G) Funding.--There are authorized to be appropriated to the Secretary to carry out this paragraph not to exceed $100,000 for each fiscal year.''.

Sudbury, Assabet and Concord Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act (the Act) to designate segments of the Sudbury, Assabet, and Concord Rivers in Massachusetts as components of the National Wild and Scenic Rivers System. Requires the segments to be managed: (1) by the SUASCO River Stewardship Council (established by the Secretary of the Interior under this Act) in cooperation with the Secretary through cooperative agreements between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions; and (2) in accordance with the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Conservation Plan. Limits Federal funds to 50 percent of the costs of any activity implementing the Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Director of the National Park Service to represent the Secretary in the implementation of the Plan Authorizes appropriations.

Sudbury, Assabet and Concord Wild and Scenic Rivers Act

SECTION 1. ESTABLISHMENT. There is established the National Commission on Threats to the Homeland and United States National Security (in this Act referred to as the ``Commission''). SEC. 2. COMPOSITION. (a) In General.--The Commission shall be composed of six members, as follows: (1) Two members appointed by the President, not more than one of whom shall be appointed from the same political party. (2) One member appointed by the Majority Leader of the Senate. (3) One member appointed by the Minority Leader of the Senate. (4) One member appointed by the Speaker of the House of Representatives. (5) One member appointed by the Minority Leader of the House of Representatives. (b) Qualifications.--Members of the Commission shall be appointed from among distinguished Americans in private life who have served at the most senior levels of the Federal government, including the national security, law enforcement, and public safety agencies of the United States. (c) Chairman.--The Commission shall elect a Chairman from among its members. (d) Quorum.--A majority of the members shall constitute a quorum. (e) Vacancies.--Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made. (f) Meetings.--After its initial meeting, the Commission shall meet upon the call of the Chairman or a majority of its members. (g) Appointments Deadline.--It is the sense of Congress that members of the Commission should be appointed not later than 30 days after the date of enactment of this Act. SEC. 3. PURPOSE. (a) In General.--The Commission shall evaluate, in light of the terrorist attacks against the United States on September 11, 2001, the threats to the United States and to United States national security, in order to assist the Federal Government set priorities in the national budget, and in the organization of the relevant government departments, to address those threats. (b) Particular Subjects for Review.--In particular, the Commission shall-- (1) provide a comprehensive assessment of the range of threats to the United States and to United States national security, taking into account analyses by United States agencies and nongovernmental entities that have recently reviewed relevant issues, such as the United States Commission on National Security/21st Century, the National Commission on Terrorism, the Department of Energy Russia Task Force, and the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction; and (2) make recommendations to the President and Congress on the priority that should be accorded to those threats in the United States national security strategy, taking into account-- (A) the likelihood such threats will result in attacks on the United States or important United States interests; (B) the potential damage to the United States or important United States interests that would result from such attacks; and (C) current United States capabilities to counter and respond to such threats. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable. (b) Information From Federal Agencies.--The Commission may secure directly or from any Federal department or agency any information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this section. Upon request of the Chairman of the Commission, the head of any such department or agency shall furnish such information expeditiously to the Commission. (c) Postal, Printing and Binding Services.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 5. STAFF OF THE COMMISSION. (a) In General.--The Chairman of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. The staff director of the Commission shall be appointed from private life, and such appointment shall be subject to the approval of the Commission as a whole. (b) Compensation.--The Chairman of the Commission may fix the pay of the staff director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. (c) Detail of Government Employees.--Upon request of the Chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its administrative and clerical functions. (d) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title. (e) Administrative and Support Services.--The Administrator of General Services shall furnish the Commission, on a non-reimbursable basis, any administrative and support services requested by the Commission consistent with this Act. SEC. 6. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation of Members.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.<plus-minus> The appropriate departments, agencies, and other entities of the United States Government shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances in a manner consistent with existing procedures and requirements, except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance. SEC. 8. REPORTS. (a) Interim Report.--Not later than 180 days after the date of enactment of this Act, the Commission shall submit an interim report to the President and the Congress describing its activities since the date of enactment of this Act. (b) Final Report.--Not later than September 11, 2002, the Commission shall submit a final report to the President and the Congress describing its activities since the date of enactment of this Act, together with a summary of the comprehensive assessment and recommendations made by the Commission under section 3(b). SEC. 9. FUNDING. Notwithstanding the provisions of the Act of September 18, 2001 (Public Law 107-38), amounts appropriated by that Act shall be available to carry out the provisions of this Act. SEC. 10. TERMINATION OF THE COMMISSION. (a) In General.--The Commission shall terminate 60 days after the date of the submission of the final report required by section 8(b). (b) Wind Up Activities.--The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to congressional committees concerning its final report and disseminating that report.

Establishes a National Commission on Threats to the Homeland and United States National Security to evaluate, in light of the terrorist attacks against the United States on September 11, 2001, threats to the United States and U.S. national security in order to assist the Federal Government in setting priorities in the national budget and in the organization of the relevant government departments to address those threats.

A bill to establish a National Commission on Threats to the Homeland and United States National Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Credit Facility Review Act of 2009''. SEC. 2. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT FACILITIES. (a) Reviews.--Section 714 of title 31, United States Code, is amended by adding at the end the following: ``(f) Reviews of Credit Facilities of the Federal Reserve System.-- ``(1) Definition.--In this subsection, the term `credit facilities' includes-- ``(A) the Money Market Investor Funding Facility; ``(B) the Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility; ``(C) the Term Asset-Backed Securities Loan Facility; ``(D) the Term Auction Facility; ``(E) the Primary Dealer Credit Facility; ``(F) the Commercial Paper Funding Facility; ``(G) the Term Securities Lending Facility, including the Term Securities Lending Facility Options Program; ``(H) the Revolving Credit Facility; ``(I) reciprocal currency arrangements with foreign central banks; ``(J) the Mortgage Backed Securities Purchase Program, and the purchase of debt obligations from a government sponsored enterprise; and ``(K) any special purpose vehicle through which any entity described in subparagraphs (A) through (J) conducts any activity or lending. ``(2) In general.--Notwithstanding any limitation in subsection (b) on the auditing and oversight of certain functions of the Board or any Federal Reserve bank, the Comptroller General may conduct reviews, including onsite examinations if the Comptroller General determines such examinations are appropriate, of credit facilities established by the Board or any Federal Reserve bank, and of the establishment of such credit facilities by the Board or any Federal Reserve bank-- ``(A) in carrying out any action or function approved by the Board under the 3rd undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 343); or ``(B) in providing credit under enhancements to traditional lending facilities, including credit facilities. ``(3) Access to records.-- ``(A) In general.--To carry out this subsection-- ``(i) all records and property of or used by a credit facility established by an agency (as described in paragraph (2)), including samples of reports of examinations of a bank or bank holding company that the Comptroller General considers statistically meaningful, and workpapers and correspondence related to the reports, shall be made available to the Comptroller General; ``(ii) the Comptroller General shall have access to the officers, employees, contractors, and other agents and representatives of any credit facility established by an agency at any reasonable time as the Comptroller General may request; ``(iii) the Comptroller General may make and retain copies of such books, accounts, and other records as the Comptroller General determines appropriate; and ``(iv) the Comptroller General shall provide to a credit facility established by an agency a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out a review or examination under this subsection. ``(B) Unauthorized access.--The Comptroller General shall prevent unauthorized access to records, copies of any record, or property of or used by an agency or a credit facility established by an agency (as described in paragraph (2)) that the Comptroller General obtains during a review or examination under this subsection. ``(4) Reports.-- ``(A) Required.--A report on each review conducted under paragraph (1) shall be submitted by the Comptroller General to the Congress before the end of the 90-day period beginning on the date on which such review is completed. ``(B) Contents.--The report under subparagraph (A) shall include a detailed description of the findings and conclusions of the Comptroller General with respect to the review that is the subject of the report, together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate.''. (b) Repeal.--Section 714(f) of title 31, United States Code, as added by subsection (a), is repealed effective 5 years after the date of enactment of this Act.

Federal Reserve Credit Facility Review Act of 2009 - Authorizes the Comptroller General to conduct reviews and onsite examinations of: (1) any credit facility established by the Federal Reserve Board or any federal reserve bank; and (2) such credit facility's establishment as the lender of last resort (including providing credit under enhancements to traditional lending facilities and credit facilities). Cites the credit facilities to which this Act applies. Grants the Comptroller General access to all records and property of any such credit facility, including its officers, employees, contractors, and other agents and representatives. Sets forth the powers of the Comptroller to implement this Act. Requires the Comptroller General to report to Congress on each review conducted. Terminates such authorization five years after enactment of this Act.

A bill to amend title 31, United States Code, to authorize reviews by the Comptroller General of the United States of any credit facility established by the Board of Governors of the Federal Reserve System or any Federal reserve bank, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Hurricane Relief Act of 2005''. SEC. 2. COMMENDATION, RECOGNITION, AND THANKS FOR COAST GUARD PERSONNEL. (a) Findings.--The Congress finds the following: (1) On August 29, 2005, Hurricane Katrina struck the Gulf of Mexico coastal region of Louisiana, Mississippi, and Alabama, causing the worst natural disaster in United States history. (2) The Coast Guard strategically positioned its aircraft, vessels, and personnel the day before Hurricane Katrina made landfall and launched search and rescue teams within hours after Hurricane Katrina struck. (3) The Coast Guard moved its operations in areas threatened by Hurricane Katrina to higher ground and mobilized cutters, small boats, and aircraft from all around the United States to help in the response to Hurricane Katrina. (4) The response to Hurricane Katrina by members and employees of the Coast Guard has been immediate, invaluable, and courageous. (5) The Coast Guard rescued more than 33,000 people affected by Hurricane Katrina through the air and by water, including evacuations of hospitals, and has been at the center of efforts to restore commerce to areas affected by Hurricane Katrina by clearing shipping channels, replacing aids to navigation, and securing uprooted oil rigs. (6) The Coast Guard was at the forefront of the Federal response to the numerous oil and chemical spills in the area affected by Hurricane Katrina. (7) Members and employees of the Coast Guard-- (A) have shown great leadership in helping to coordinate relief efforts with respect to Hurricane Katrina; (B) have used their expertise and specialized skills to provide immediate assistance to victims and survivors of the hurricane; and (C) have set up remote assistance operations in the affected areas in order to best provide service to the Gulf of Mexico coastal region. (8) Members and employees of the Coast Guard have worked together to bring clean water, food, and resources to victims and survivors in need. (b) Commendation, Recognition, and Thanks.--The Congress-- (1) commends the outstanding efforts in response to Hurricane Katrina by members and employees of the Coast Guard; (2) recognizes that the actions of these individuals went above and beyond the call of duty; and (3) thanks them for their continued dedication and service. (c) Sense of Congress.--It is the sense of Congress that the Coast Guard should play a major role in response to any future national emergency or disaster caused by a natural event in the United States in a coastal or offshore area. SEC. 3. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS. (a) Licenses and Certificates of Registry.--Notwithstanding sections 7106 and 7107 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may temporarily extend the duration of a license or certificate of registry issued for an individual under chapter 71 of that title until not later than February 28, 2006, if-- (1) the individual is a resident of Alabama, Mississippi, or Louisiana; or (2) the individual is a resident of any other State, and the records of the individual-- (A) are located at the Coast Guard facility in New Orleans that was damaged by Hurricane Katrina; or (B) were damaged or lost as a result of Hurricane Katrina. (b) Merchant Mariners' Documents.--Notwithstanding section 7302(g) of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may temporarily extend the duration of a merchant mariners' document issued for an individual under chapter 73 of that title until not later than February 28, 2006, if-- (1) the individual is a resident of Alabama, Mississippi, or Louisiana; or (2) the individual is a resident of any other State, and the records of the individual-- (A) are located at the Coast Guard facility in New Orleans that was damaged by Hurricane Katrina; or (B) were damaged or lost as a result of Hurricane Katrina. (c) Manner of Extension.--Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen. SEC. 4. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF VESSEL CERTIFICATES OF INSPECTION. (a) Authority to Extend.--Notwithstanding section 3307 and 3711(b) of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may temporarily extend the duration or the validity of a certificate of inspection or a certificate of compliance issued under chapter 33 or 37, respectively, of title 46, United States Code, for up to 3 months for a vessel inspected by a Coast Guard Marine Safety Office located in Alabama, Mississippi, or Louisiana. (b) Expiration of Authority.--The authority provided under this section expires February 28, 2006. SEC. 5. PRESERVATION OF LEAVE LOST DUE TO HURRICANE KATRINA OPERATIONS. (a) Preservation of Leave.--Notwithstanding section 701(b) of title 10, United States Code, any member of the Coast Guard who serves on active duty for a continuous period of 30 days, who is assigned to duty or otherwise detailed in support of units or operations in the Eighth Coast Guard District area of responsibility for activities to mitigate the consequences of, or assist in the recovery from, Hurricane Katrina, during the period beginning on August 28, 2005, and ending on January 1, 2006, and who would otherwise lose any accumulated leave in excess of 60 days as a consequence of such assignment, is authorized to retain an accumulated total of up to 90 days of leave. (b) Excess Leave.--Leave in excess of 60 days accumulated under subsection (a) shall be lost unless used by the member before the commencement of the second fiscal year following the fiscal year in which the assignment commences, or in the case of a Reserve members, the year in which the period of active service is completed. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Coast Guard Hurricane Relief Act of 2005 - Commends and thanks the Coast Guard (CG) for its outstanding efforts in response to Hurricane Katrina. Expresses the sense of Congress that the CG should play a major role in any future national emergency or disaster caused by a natural event in a U.S. coastal or offshore area. Authorizes the Secretary of the department in which the Coast Guard is operating (Secretary) to temporarily extend the duration of merchant mariners' licenses or documents or vessel certificates of registry issued to an individual until not later than February 28, 2006, if such individual is a resident of: (1) Alabama, Mississippi, or Louisiana; or (2) any other state, and the individual's records are located in a CG facility in New Orleans that was damaged by Hurricane Katrina, or were damaged or lost as a result of it. Authorizes the Secretary to extend the duration or the validity of a certificate of inspection or a certificate of compliance issued for up to three months for a vessel inspected by a CG Marine Safety Office located in Alabama, Mississippi, or Louisiana. Authorizes CG members assigned to duty in support of units in the Eighth CG District area to mitigate the consequences of, or assist in the recovery from, Hurricane Katrina during the period from August 28, 2005, to January 1, 2006, and who would lose accumulated leave in excess of 60 days as a result of such assignment, to retain an accumulated total of up to 90 days of leave.

To commend the outstanding efforts in response to Hurricane Katrina by members and employees of the Coast Guard, to provide temporary relief to certain persons affected by such hurricane with respect to certain laws administered by the Coast Guard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Principal Residence Tax Exclusion Act of 1996''. SEC. 2. EXEMPTION FROM TAX FOR GAIN ON SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. ``(a) Exclusion.--Gross income shall not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as the taxpayer's principal residence for periods aggregating 2 years or more. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount of gain excluded from gross income under subsection (a) with respect to any sale or exchange shall not exceed $250,000 ($500,000 in the case of a joint return where both spouses meet the use requirement of subsection (a)). ``(2) Application to only 1 sale or exchange every 2 years.-- ``(A) In general.--Subsection (a) shall not apply to any sale or exchange by the taxpayer if, during the 2-year period ending on the date of such sale or exchange, there was any other sale or exchange by the taxpayer or his spouse to which subsection (a) applied. ``(B) Premarriage sales by spouse not taken into account.--If, but for this subparagraph, subsection (a) would not apply to a sale or exchange by a married individual by reason of a sale or exchange by such individual's spouse before their marriage-- ``(i) subparagraph (A) shall be applied without regard to the sale or exchange by such individual's spouse, but ``(ii) the amount of gain excluded from gross income under subsection (a) with respect to the sale or exchange by such individual shall not exceed $250,000. ``(C) Pre-1997 sales not taken into account.-- Subparagraph (A) shall be applied without regard to any sale or exchange before January 1, 1997. ``(c) Exclusion for Taxpayers Failing To Meet Certain Requirements.-- ``(1) In general.--In the case of a sale or exchange to which this subsection applies, the ownership and use requirements of subsection (a) shall not apply and subsection (b)(2) shall not apply; but the amount of gain excluded from gross income under subsection (a) with respect to such sale of exchange shall not exceed-- ``(A) the amount which bears the same ratio to the amount which would be so excluded if such requirements had been met, as ``(B) the shorter of-- ``(i) the aggregate periods, during the 5- year period ending on the date of such sale or exchange, such property has been owned and used by the taxpayer as the taxpayer's principal residence, or ``(ii) the period after the date of the most recent prior sale or exchange by the taxpayer or his spouse to which subsection (a) applied and before the date of such sale or exchange, bears to 2 years. ``(2) Sales and exchanges to which subsection applies.-- This subsection shall apply to any sale or exchange if-- ``(A) subsection (a) would not (but for this subsection) apply to such sale or exchange by reason of-- ``(i) a failure to meet the ownership and use requirements of subsection (a), or ``(ii) subsection (b)(2), and ``(B) such sale or exchange is by reason of a change in place of employment, health, or other unforeseen circumstances. ``(d) Special Rules.-- ``(1) Joint returns.--For purposes of this section, if a husband and wife make a joint return for the taxable year of the sale or exchange of property, subsection (a) applies if either spouse meets the ownership and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, the period such unmarried individual owned such property shall include the period such deceased spouse held such property before death. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.-- ``(A) In general.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(B) Application of section 1033.--In applying section 1033 (relating to involuntary conversions), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income pursuant to this section. ``(C) Property acquired after involuntary conversion.--If the basis of the property sold or exchanged is determined (in whole or in part) under section 1033(b) (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(5) Recognition of gain attributable to depreciation.-- Subsection (a) shall not apply to so much of the gain from the sale of any property as does not exceed the portion of the depreciation adjustments (as defined in section 1250(b)(3)) attributable to periods after December 31, 1996, in respect of such property. ``(6) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and uses such property as the taxpayer's principal residence during the 5-year period described in subsection (a) for periods aggregating at least 1 year, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time during such 5-year period in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition. ``(7) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange, and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(e) Denial of Exclusion for Expatriates.--This section shall not apply to any sale or exchange by an individual if the treatment provided by section 877(a)(1) applies to such individual. ``(f) Election To Have Section Not Apply.--This section shall not apply to any sale or exchange with respect to which the taxpayer elects not to have this section apply. ``(g) Residences Acquired in Rollovers Under Section 1034.--For purposes of this section, in the case of property the acquisition of which by the taxpayer resulted under section 1034 (as in effect on the day before the date of the enactment of this sentence) in the nonrecognition of any part of the gain realized on the sale or exchange of another residence, in determining the period for which the taxpayer has owned and used such property as the taxpayer's principal residence, there shall be included the aggregate periods for which such other residence (and each prior residence taken into account under section 1223(7) in determining the holding period of such property) had been so owned and used.'' (b) Repeal of Nonrecognition of Gain on Rollover of Principal Residence.--Section 1034 of such Code (relating to rollover of gain on sale of principal residence) is hereby repealed. (c) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``section 1034'' and inserting ``section 121'': sections 25(e)(7), 56(e)(1)(A), 56(e)(3)(B)(i), 143(i)(1)(C)(i)(I), 163(h)(4)(A)(i)(I), 280A(d)(4)(A), 464(f)(3)(B)(i), 1033(h)(3), 1274(c)(3)(B), 6334(a)(13), and 7872(f)(11)(A). (2) Paragraph (4) of section 32(c) of such Code is amended by striking ``(as defined in section 1034(h)(3))'' and by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `extended active duty' means any period of active duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period.'' (3) Subparagraph (A) of 143(m)(6) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of the Principal Residence Tax Exclusion Act of 1996)'' after ``1034(e)''. (4) Subsection (e) of section 216 of such Code is amended by striking ``such exchange qualifies for nonrecognition of gain under section 1034(f)'' and inserting ``such dwelling unit is used as his principal residence (within the meaning of section 121)''. (5) Section 512(a)(3)(D) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of the Principal Residence Tax Exclusion Act of 1996)'' after ``1034''. (6) Paragraph (7) of section 1016(a) of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of the Principal Residence Tax Exclusion Act of 1996)'' after ``1034'' and by inserting ``(as so in effect)'' after ``1034(e)''. (7) Paragraph (3) of section 1033(k) of such Code is amended to read as follows: ``(3) For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121.'' (8) Subsection (e) of section 1038 of such Code is amended to read as follows: ``(e) Principal residences.--If-- ``(1) subsection (a) applies to a reacquisition of real property with respect to the sale of which gain was not recognized under section 121 (relating to gain on sale of principal residence); and ``(2) within 1 year after the date of the reacquisition of such property by the seller, such property is resold by him, then, under regulations prescribed by the Secretary, subsections (b), (c), and (d) of this section shall not apply to the reacquisition of such property and, for purposes of applying section 121, the resale of such property shall be treated as a part of the transaction constituting the original sale of such property.'' (9) Paragraph (7) of section 1223 of such Code is amended by inserting ``(as in effect on the day before the date of the enactment of the Principal Residence Tax Exclusion Act of 1996)'' after ``1034''. (10) Paragraph (7) of section 1250(d) of such Code is amended to read as follows: ``(7) Disposition of principal residence.--Subsection (a) shall not apply to a disposition of property to the extent used by the taxpayer as his principal residence (within the meaning of section 121, relating to gain on sale of principal residence).'' (11) Subsection (c) of section 6012 of such Code is amended by striking ``(relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55)'' and inserting ``(relating to gain from sale of principal residence)''. (12) Paragraph (2) of section 6212(c) of such Code is amended by striking subparagraph (C) and by redesignating the succeeding subparagraphs accordingly. (13) Section 6504 of such Code is amended by striking paragraph (4) and by redesignating the succeeding paragraphs accordingly. (14) The item relating to section 121 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended to read as follows: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (15) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by striking the item relating to section 1034. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to sales and exchanges after December 31, 1996. (2) Binding contracts, etc.--At the election of the taxpayer, the amendments made by this section shall not apply to a sale or exchange after December 31, 1996, if-- (A) such sale or exchange is pursuant to a contract which was binding on September 25, 1996, and at all times before such sale or exchange, or (B) without regard to such amendments, gain would not be recognized under section 1034 of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act) on such sale or exchange by reason of a new residence acquired on or before such date. This paragraph shall not apply to any sale or exchange by an individual if the treatment provided by section 877(a)(1) of the Internal Revenue Code of 1986 applies to such individual.

Principal Residence Tax Exclusion Act of 1996 - Amends the Internal Revenue Code to replace the existing one-time exclusion of up to $125,000 of gain from the sale of a principal residence by a person at least 55 years old with an exclusion of gain of up to $250,000 ($500,000 for qualifying joint return) for a qualifying sale of a principal residence regardless of the person's age. Applies such exclusion to only one sale or exchange every two years. Repeals the provision providing for nonrecognition of gain on principal residence rollovers.

Principal Residence Tax Exclusion Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Korean Immigration Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) January 13, 2003, marked the 100th anniversary of the first wave of Korean immigration to the United States. (2) At the time of that anniversary, more than 100 Korean American communities throughout this Nation commemorated this important event. (3) According to immigration records, in December 1902, 56 men, 21 women, and 25 children left Korea and sailed across the Pacific Ocean aboard the S.S. Gaelic, landing in Honolulu, Hawaii, on January 13, 1903. (4) These early Korean immigrants worked at sugar cane and pineapple fields in Hawaii. (5) Since that first voyage, approximately 1,000,000 Koreans have immigrated to the United States. (6) Korean Americans have served with distinction in the Armed Forces of the United States with distinction in every war and armed conflict from World War I through Operation Enduring Freedom. (7) Korean Americans have taken root and thrived in the United States through strong family ties, robust community support, and countless hours of hard work. (8) Korean immigrants have invigorated business, church, and academic communities throughout the United States and Korean Americans have also established themselves as important members in the medical, legal, financial, and governmental professions. (9) The strategic partnership between the United States and Korea has helped undergird peace and stability in the Asia Pacific region and has provided economic benefits not only to the people of the United States and Korea, but also to the entire world. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 20,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 10,000 $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. (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 the immigration of Koreans into the United States and the significant contributions of Korean Americans to this Nation. (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 ``2018''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the 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. (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 Council on 100th Year Korean Immigration Commemorative Coin Act to provide academic scholarships. (c) Audits.--The Council on 100th Year Korean Immigration Commemorative Coin Act 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 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Korean Immigration Commemorative Coin Act - Directs the Secretary of the Treasury, during the one-year period beginning January 1, 2018, to mint and issue $5 gold coins and $1 silver coins emblematic of the immigration of Koreans into the United States and their significant contributions to this nation. Requires all surcharges received from coin sales to be promptly paid by the Secretary to the Council on 100th Year Korean Immigration Commemorative Coin Act in order to provide academic scholarships.

Korean Immigration Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety for Our Schoolchildren Act of 2008''. SEC. 2. BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES ``SEC. 4401. DEFINITIONS. ``(a) Crime of Violence.--The term `crime of violence' has the meaning given the term in section 924(c)(3) of title 18, United States Code. ``(b) Drunk Driving.--The term `drunk driving' means driving while intoxicated or driving under the influence of alcohol. ``(c) FBI Background Check.--The term `FBI background check' means a criminal history background check as described in section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041). ``(d) School Employee.--The term `school employee' means-- ``(1) an employee of a local educational agency or State educational agency who works either in a public school or has a job duty that results in exposure to students, including administrators, teachers, substitute teachers, custodians, cafeteria workers, and school bus drivers; and ``(2) an employee of a company, or a subsidiary of a company, that has a contract with a local educational agency or State educational agency who works in a public school or has a job duty that results in exposure to students. ``(e) Serious Moving Violation.--The term `serious moving violation' means a felonious driving violation, as determined by State law. ``(f) Sexual Predator.--The term `sexual predator' means an individual 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor. ``SEC. 4402. BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES. ``(a) In General.--A local educational agency or State educational agency that receives Federal funds shall obtain an FBI background check on an individual prior to making an offer of employment as a school employee with such agency to such individual. ``(b) Prohibition Against Employment of Felons or Violent Criminals.--A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school employee with such agency if such individual has been convicted of a crime of violence or other felony. ``(c) Reporting Sexual Predators.--A local educational agency or State educational agency that receives information from an FBI background check that an individual who has applied for employment with such agency as a school employee is a sexual predator shall report to local law enforcement that such individual has so applied. ``(d) Transportation.--A local educational agency or State educational agency that receives Federal funds may not make an offer of employment to an individual for a position as a school bus driver if such individual has been convicted of, or pled guilty to, drunk driving or a serious moving violation. ``SEC. 4403. LOSS OF FEDERAL FUNDS FOR FAILURE TO COMPLY. ``(a) State Educational Agencies.-- ``(1) In general.--If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for-- ``(A) 6 months or less, the Secretary shall withhold from such agency 50 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d); and ``(B) longer than 6 months but not longer than 12 months, the Secretary shall withhold from such agency 100 percent of the amount of funds such agency has allocated for planning and administrative use under section 2113(d). ``(2) Loss of title ii administrative funds.--If a State educational agency fails to take an action required under this part or takes an action prohibited under this part for longer than 12 months, the Secretary shall withhold from such agency the amount of funds such agency has allocated for planning and administrative use under title II. ``(3) Prohibition against reallocation.-- ``(A) In general.--A State educational agency that fails to take an action under this part or takes an action prohibited under this part as described in paragraph (1) or (2) may not reallocate Federal funds provided for teacher development under title II for planning and administrative use by the agency. ``(B) Penalty.--The Secretary shall withhold all Federal funds under title II to a State educational agency if such agency reallocates funds as prohibited under subparagraph (A) until such agency restores the funds for teacher development. ``(b) Local Educational Agencies.--If a local educational agency fails to take an action required under this part or takes an action prohibited under this part, the local educational agency shall not be eligible to receive a subgrant or any additional funds under section 2121.''. (b) Conforming Amendments.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``Part D--Background Checks for Public School Employees ``Sec. 4401. Definitions. ``Sec. 4402. Background checks for public school employees. ``Sec. 4403. Loss of Federal funds for failure to comply.''.

Safety for Our Schoolchildren Act of 2008 - Requires states and local educational agencies (LEAs) to: (1) obtain an FBI background check on individuals prior to offering them employment as school employees; and (2) if the check identifies them as sexual predators, report their application to local law enforcement. Prohibits states or LEAs from hiring individuals as: (1) school employees if they have been convicted of a crime of violence or other felony; or (2) school bus drivers if they have been convicted of, or pled guilty to, drunk driving or a serious moving violation. Withholds funds available to states for planning and administration and to LEAs as subgrants under part A of title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the Elementary and Secondary Education Act of 1965, if they violate such prohibitions or fail to take such actions.

A bill to require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonuses for Cost-Cutters Act of 2016''. SEC. 2. COST SAVINGS ENHANCEMENTS. (a) In General.-- (1) Definitions.--Section 4511 of title 5, United States Code, is amended-- (A) in the section heading, by striking ``Definition'' and inserting ``Definitions''; and (B) in subsection (a)-- (i) by striking the period at the end and inserting ``; and''; and (ii) by striking ``this subchapter, the term'' and inserting the following: ``this subchapter-- ``(1) the term''; (iii) by adding at the end the following: ``(2) the term `surplus salaries and expenses funds' means amounts made available for the salaries and expenses account, or equivalent account, of an agency-- ``(A) that are identified by an employee of the agency under section 4512(a) as unnecessary; ``(B) that the Inspector General of the agency or other agency employee designated under section 4512(b) determines are not required for the purpose for which the amounts were made available; ``(C) that the Chief Financial Officer of the agency determines are not required for the purpose for which the amounts were made available; and ``(D) the rescission of which would not be detrimental to the full execution of the purposes for which the amounts were made available.''. (2) Authority.--Section 4512 of title 5, United States Code, is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by inserting ``or identification of surplus salaries and expenses funds'' after ``mismanagement''; (ii) in paragraph (2), by inserting ``or identification'' after ``disclosure''; and (iii) in the matter following paragraph (2), by inserting ``or identification'' after ``disclosure''; and (B) by adding at the end the following: ``(c)(1) The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus salaries and expenses funds identified by an employee that the Inspector General or other agency employee determines meets the requirements under subparagraphs (B) and (D) of section 4511(a)(2), along with any recommendations of the Inspector General or other agency employee. ``(2)(A) If the Chief Financial Officer of the agency determines that potential surplus salaries and expenses funds referred under paragraph (1) meet the requirements under section 4511(a)(2), except as provided in subsection (d), the head of the agency shall transfer the amount of the surplus funds or unnecessary budget authority from the applicable appropriations account to the general fund of the Treasury. ``(B) Any amounts transferred under subparagraph (A) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). ``(3) The Inspector General or other agency employee designated under subsection (b) for each agency and the Chief Financial Officer for each agency shall issues standards and definitions for purposes of making determinations relating to potential surplus salaries and expenses funds identified by an employee under this subsection. ``(d)(1) The head of an agency may retain not more than 10 percent of amounts to be transferred to the general fund of the Treasury under subsection (c)(2). ``(2) Amounts retained by the head of an agency under paragraph (1) may be-- ``(A) used for the purpose of paying a cash award under subsection (a) to 1 or more employees who identified the surplus salaries and expenses funds; and ``(B) to the extent amounts remain after paying cash awards under subsection (a), transferred or reprogrammed for use by the agency, in accordance with any limitation on such a transfer or reprogramming under any other provision of law. ``(e)(1) Not later than October 1 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report identifying the total savings achieved during the previous fiscal year through disclosures of possible fraud, waste, or mismanagement and identifications of surplus salaries and expenses funds by an employee. ``(2) Not later than September 30 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report that, for the previous fiscal year-- ``(A) describes each disclosure of possible fraud, waste, or mismanagement or identification of potentially surplus salaries and expenses funds by an employee of the agency determined by the agency to have merit; and ``(B) provides the number and amount of cash awards by the agency under subsection (a). ``(3) The head of each agency shall include the information described in paragraphs (1) and (2) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31. ``(4) The Secretary of the Treasury shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports submitted under paragraphs (1) and (2). ``(f) The Director of the Office of Personnel Management shall-- ``(1) ensure that the cash award program of each agency complies with this section; and ``(2) submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section. ``(g) Not later than 3 years after the date of enactment of the Bonuses for Cost-Cutters Act of 2016, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report on the operation of the cost savings and awards program under this section, including any recommendations for legislative changes.''. (3) Technical and conforming amendment.--The table of sections for subchapter II of chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4511 and inserting the following: ``4511. Definitions and general provisions.''. (b) Officers Eligible for Cash Awards.-- (1) In general.--Section 4509 of title 5, United States Code, is amended to read as follows: ``Sec. 4509. Prohibition of cash award to certain officers ``(a) Definitions.--In this section, the term `agency'-- ``(1) has the meaning given that term under section 551(1); but ``(2) includes an entity described in subparagraphs (A) through (G) of section 4501(1). ``(b) Prohibition.--An officer may not receive a cash award under this subchapter if the officer-- ``(1) serves in a position at level I of the Executive Schedule; ``(2) is the head of an agency; or ``(3) is a commissioner, board member, or other voting member of an independent establishment.''. (2) Technical and conforming amendment.--The table of sections for chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4509 and inserting the following: ``4509. Prohibition of cash award to certain officers.''.

Bonuses for Cost-Cutters Act of 2016 (Sec. 2) This bill expands the cash awards program for disclosures by federal employees of fraud, waste, or mismanagement that result in cost savings to the employee's agency to include identification of surplus salaries and expenses funds that: (1) an agency employee identifies as unnecessary, (2) the inspector general and the chief financial officer of the agency determine are not required for the purpose for which the amounts were made available, and (3) the rescission of which would not be detrimental to the full execution of the purposes for which the amounts were made available. Any savings resulting from such identifications must be deposited in the Treasury and used to reduce a budget deficit or the federal debt. But agencies may retain up to 10% of such savings for the purpose of paying cash awards to employees who identify surplus salaries and expenses funds. Each fiscal year, agencies must submit reports to the Department of the Treasury regarding: (1) the total savings achieved through disclosures of possible fraud, waste, or mismanagement and identifications of surplus salaries and expenses funds by an employee; and (2) each disclosure that has merit and the number and amount of cash awards by the agency. This information must also be included in agency budget requests submitted to the Office of Management and Budget. Treasury must report annually to Congress on federal cost saving and awards based on agency reports about such employee disclosures. The Office of Personnel Management must certify annually whether each agency's cash award program complies with this bill. Every three years, the Government Accountability Office must report on the operation of the program and any recommendations for legislative improvements. The bill prohibits the payment of awards to: (1) federal officers who serve in a position at level I of the Executive Schedule; (2) the head of an agency; or (3) a commissioner, board member, or other voting member of an independent establishment.

Bonuses for Cost-Cutters Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Security Disclosure Act of 2005''. SEC. 2. AVAILABILITY FOR PUBLIC DISCLOSURE OF CERTAIN INFORMATION REQUIRED TO BE PROVIDED TO THE PBGC REGARDING THE ASSETS AND LIABILITIES OF CERTAIN UNDERFUNDED SINGLE-EMPLOYER PLANS. (a) Electronic Format.--Section 4010(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1310(a)) is amended by adding, after and below paragraph (2), the following: ``Material provided to the corporation pursuant to this section shall be in an electronic format which accommodates display on the Internet, in accordance with regulations of the corporation.''. (b) Public Disclosure.--Section 4010(c) of such Act (29 U.S.C. 1310(c)) is amended to read as follows: ``(c) Public Disclosure of Information.-- ``(1) Public information.--Except as provided in paragraph (4), the contents of records, documents, and other information filed with the corporation pursuant to subsection (a) shall be public information and the corporation shall make any such information available for inspection in the principal office of the corporation and shall, upon written request of any participant or beneficiary, furnish to such participant or beneficiary a written copy of any such information. The corporation may by regulation provide for a reasonable charge to cover the cost of furnishing any such copy of such information. ``(2) Disclosure on the internet and other media.--The corporation shall provide by regulation for timely display of the contents of records, documents, and other information filed with the corporation in connection with the plan pursuant to subsection (a) on a website maintained by the corporation on the Internet and other appropriate media. ``(3) Direct provision of information to participants and beneficiaries.--Within 30 days after material is provided to the corporation pursuant to subsection (a) with respect to a plan, in accordance with regulations which shall be prescribed by the corporation, the plan administrator shall provide a written summary of such material to each participant and beneficiary under the plan and shall include with such summary notification that such material is available on the website referred to in paragraph (2). ``(4) Exception for confidential information.--Paragraphs (1), (2), and (3) shall not apply with respect to information described in subsection (a) which the corporation has identified by regulation as confidential information.''. (c) Effective Date.--The amendment made by this section shall apply with respect to information provided to the Pension Benefit Guaranty Corporation pursuant to section 4010 of the Employee Retirement Income Security Act of 1974 with respect to reporting periods ending on or after December 31, 2005. SEC. 3. ADDITIONAL REQUIREMENTS FOR ANNUAL REPORTS. (a) Filing After 275 Days After Plan Year Only in Cases of Hardship.--Section 104(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(1)) is amended by inserting after the first sentence the following new sentence: ``In the case of a pension plan, the Secretary may extend the deadline for filing the annual report for any plan year past 275 days after the close of the plan year only on a case by case basis and only in cases of hardship, in accordance with regulations which shall be prescribed by the Secretary.''. (b) Actuarial Valuations as of the End of the Plan Year.--Section 103 of such Act (29 U.S.C. 1023) is amended-- (1) in subsection (a)(4)(A), by inserting after the first sentence the following new sentence: ``Actuarial valuations included in the actuarial statement applicable to the plan year for which the annual report is filed shall be determined as of the last date of such plan year.''; and (2) in subsection (d)(1), by striking ``years,'' and all that follows and inserting ``years.''. (c) Internet Display of Information.--Section 104(b) of such Act (29 U.S.C. 1024(b)) is amended by adding at the end the following: ``(2) Identification and basic plan information and actuarial information included in the annual report for any plan year shall be filed with the Secretary in an electronic format which accommodates display on the Internet, in accordance with regulations which shall be prescribed by the Secretary. The Secretary shall provide for display of such information included in the annual report, within 90 days after the date of the filing of the annual report, on a website maintained by the Secretary on the Internet and other appropriate media. Such information shall also be displayed on any website maintained by the plan sponsor (or by the plan administrator on behalf of the plan sponsor) on the Internet, in accordance with regulations which shall be prescribed by the Secretary.''. (d) Effective Date.--The amendments made by this section shall apply with respect to annual reports filed in connecton with plan years ending with or after December 31, 2005. SEC. 4. REQUIREMENTS FOR SUMMARY ANNUAL REPORTS. (a) Issuance of Summary Annual Report Within 15 Days After Filing of Annual Report.-- (1) In general.--Section 104(b)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(3)) is amended-- (A) by striking ``Within 210 days after the close of the fiscal year of the plan,'' and inserting ``Within 15 days after the date of the filing of the annual report for a plan year of the plan,''; and (B) by striking ``such fiscal year'' and inserting ``such plan year''. (2) Effective date.--The amendments made by this subsection shall apply with respect to annual reports filed after December 31, 2005. (b) Disclosure of Plan Assets and Liabilities and Notification of Availability of Annual Report on the Internet.-- (1) In general.--Section 104(b)(3) of such Act (as amended by subsection (a)) is amended further-- (A) by inserting ``(A)'' after ``(3)''; and (B) by adding at the end the following: ``(B) The material provided pursuant to subparagraph (A) to summarize the latest annual report shall be written in a manner calculated to be understood by the average plan participant and shall set forth the following information: ``(i) the total assets and liabilities of the plan for the plan year for which the latest annual report was filed and for each of the 2 preceding plan years, as reported in the annual report for each such plan year under this section; and ``(ii) notification that identification and basic plan information and actuarial information contained in the latest annual report are available on the website of the Department of Labor and a website maintained by the plan sponsor (or by the plan administrator on behalf of the plan sponsor).''. (2) Effective date.--The amendments made by this subsection shall apply with respect to summary annual reports issued after 1 year after the date of the enactment of this Act. (c) Simplified Reporting Rules for Small Plans.--Section 104(b)(3) of such Act (as amended by subsections (a) and (b)) is amended further by adding at the end the following new subparagraph: ``(C) The Secretary may by regulation prescribe simplified reporting requirements, with respect to material required to be furnished under this paragraph, for any pension plan which covers less than 100 participants.''.

Pension Security Disclosure Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the Pension Benefit Guaranty Corporation (PBGC) to disclose publicly certain information on the funding status of pension plans, through making it available: (1) for inspection at PBGC headquarters; (2) in written form upon request of a plan participant or beneficiary; and (3) on a PBGC website. Requires pension plan administrators to provide to each plan participant and beneficiary a written summary of material provided to the PBGC, and notification that such material is on the PBGC website. Authorizes, only in cases of hardship, the Secretary of Labor to extend the deadline for a pension plan to file an annual report past 275 days after the close of the plan year. Requires actuarial valuations in an annual report to be determined as of the last date of the plan year. Directs the Secretary to display annual report information on a Department of Labor website. Requires such information also to be displayed on any website maintained by the plan sponsor or administrator on the sponsor's behalf. Requires issuance of summary annual reports within 15 days after annual report filing. Requires such summaries to include disclosure of plan assets and liabilities and notification that certain annual report information is on the Department of Labor website and on a plan sponsor or administrator website. Authorizes the Secretary to prescribe simplified requirements for summary annual reports of pension plans covering less than 100 participants.

To amend titles I and IV of the Employee Retirement Income Security Act of 1974 to improve disclosure of the funding status of pension plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joshua Omvig Veterans Suicide Prevention Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) suicide among veterans suffering from post-traumatic stress disorder (in this section referred to as ``PTSD'') is a serious problem; and (2) the Secretary of Veterans Affairs should take into consideration the special needs of veterans suffering from PTSD and the special needs of elderly veterans who are at high risk for depression and experience high rates of suicide in developing and implementing the comprehensive program under this Act. SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS. (a) In General.-- (1) Comprehensive program for suicide prevention among veterans.--Chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720F. Comprehensive program for suicide prevention among veterans ``(a) Establishment.--The Secretary shall develop and carry out a comprehensive program designed to reduce the incidence of suicide among veterans incorporating the components described in this section. ``(b) Staff Education.--In carrying out the comprehensive program under this section, the Secretary shall provide for mandatory training for appropriate staff and contractors (including all medical personnel) of the Department who interact with veterans. This training shall cover information appropriate to the duties being performed by such staff and contractors. The training shall include information on-- ``(1) recognizing risk factors for suicide; ``(2) proper protocols for responding to crisis situations involving veterans who may be at high risk for suicide; and ``(3) best practices for suicide prevention. ``(c) Health Assessments of Veterans.--In carrying out the comprehensive program, the Secretary shall direct that medical staff offer mental health in their overall health assessment when veterans seek medical care at a Department medical facility (including a center established under section 1712A of this title) and make referrals, at the request of the veteran concerned, to appropriate counseling and treatment programs for veterans who show signs or symptoms of mental health problems. ``(d) Designation of Suicide Prevention Counselors.--In carrying out the comprehensive program, the Secretary shall designate a suicide prevention counselor at each Department medical facility other than centers established under section 1712A of this title. Each counselor shall work with local emergency rooms, police departments, mental health organizations, and veterans service organizations to engage in outreach to veterans and improve the coordination of mental health care to veterans. ``(e) Best Practices Research.--In carrying out the comprehensive program, the Secretary shall provide for research on best practices for suicide prevention among veterans. Research shall be conducted under this subsection in consultation with the heads of the following entities: ``(1) The Department of Health and Human Services. ``(2) The National Institute of Mental Health. ``(3) The Substance Abuse and Mental Health Services Administration. ``(4) The Centers for Disease Control and Prevention. ``(f) Sexual Trauma Research.--In carrying out the comprehensive program, the Secretary shall provide for research on mental health care for veterans who have experienced sexual trauma while in military service. The research design shall include consideration of veterans of a reserve component. ``(g) 24-Hour Mental Health Care.--In carrying out the comprehensive program, the Secretary shall provide for mental health care availability to veterans on a 24-hour basis. ``(h) Hotline.--In carrying out the comprehensive program, the Secretary may provide for a toll-free hotline for veterans to be staffed by appropriately trained mental health personnel and available at all times. ``(i) Outreach and Education for Veterans and Families.--In carrying out the comprehensive program, the Secretary shall provide for outreach to and education for veterans and the families of veterans, with special emphasis on providing information to veterans of Operation Iraqi Freedom and Operation Enduring Freedom and the families of such veterans. Education to promote mental health shall include information designed to-- ``(1) remove the stigma associated with mental illness; ``(2) encourage veterans to seek treatment and assistance for mental illness; ``(3) promote skills for coping with mental illness; and ``(4) help families of veterans with-- ``(A) understanding issues arising from the readjustment of veterans to civilian life; ``(B) identifying signs and symptoms of mental illness; and ``(C) encouraging veterans to seek assistance for mental illness. ``(j) Peer Support Counseling Program.--(1) In carrying out the comprehensive program, the Secretary may establish and carry out a peer support counseling program, under which veterans shall be permitted to volunteer as peer counselors-- ``(A) to assist other veterans with issues related to mental health and readjustment; and ``(B) to conduct outreach to veterans and the families of veterans. ``(2) In carrying out the peer support counseling program under this subsection, the Secretary shall provide adequate training for peer counselors. ``(k) Other Components.--In carrying out the comprehensive program, the Secretary may provide for other actions to reduce the incidence of suicide among veterans that the Secretary considers appropriate.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1720F. Comprehensive program for suicide prevention among veterans.''. (b) Report to Congress.-- (1) Report required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the comprehensive program under section 1720F of title 38, United States Code, as added by subsection (a). (2) Contents of report.--The report shall contain the following: (A) Information on the status of the implementation of such program. (B) Information on the time line and costs for complete implementation of the program within two years. (C) A plan for additional programs and activities designed to reduce the occurrence of suicide among veterans. (D) Recommendations for further legislation or administrative action that the Secretary considers appropriate to improve suicide prevention programs within the Department of Veterans Affairs. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Joshua Omvig Veterans Suicide Prevention Act - Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem; and (2) the Secretary of Veterans Affairs, in developing and implementing the comprehensive program outlined in this Act, should take into consideration the special needs of such veterans and of elderly veterans who are at high risk for depression and experience high rates of suicide. Directs the Secretary to develop and carry out a comprehensive program designed to reduce the incidence of suicide among veterans. Requires the program to include: (1) mandatory training for appropriate staff and contractors of the Department of Veterans Affairs (VA) who interact with veterans; (2) mental health assessments of veterans; (3) designation of a suicide prevention counselor at each Department medical facility; (4) research on best practices for suicide prevention; (5) mental health care for veterans who have experienced sexual trauma while in military service; (6) 24-hour veterans' mental health care availability; (7) a toll-free hotline; and (8) outreach and education for veterans and their families. Authorizes the Secretary to develop and carry a peer support counseling program as part of such program. Requires the Secretary to report to Congress on the program.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to develop and implement a comprehensive program designed to reduce the incidence of suicide among veterans.

SECTION 1. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES (a) In General.--Subtitle A of title 10 of the United States Code is amended by inserting after chapter 49 the following new chapter: ``CHAPTER 50--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES ``Sec. ``991. Definitions. ``992. Criminal offenses committed by a member of the armed forces or by any person serving with, employed by, or accompanying the armed forces outside of the United States. ``993. Delivery to authorities of foreign countries. ``Sec. 991. Definitions ``In this chapter: ``(1) The term `United States' includes the special maritime and territorial jurisdiction of the United States. ``(2) The term `special maritime and territorial jurisdiction of the United States' has the same meaning as is provided in section 7 of title 18. ``(3) The term `criminal offense' means an offense classified in section 1 of title 18 as a felony or a misdemeanor (not including a petty offense). ``Sec. 992. Criminal offenses committed by a member of the armed forces or by any person serving with, employed by, or accompanying the armed forces outside of the United States ``(a) Except as otherwise provided in this section, any person who, while serving as a member of the armed forces outside the United States, or while serving with, employed by, or accompanying the armed forces outside of the United States, engages in conduct which would constitute a criminal offense if the conduct were engaged in within the special maritime and territorial jurisdiction of the United States shall be guilty of a like offense against the United States and shall be subject to the same punishment as is provided under the provisions of title 18 for such like offense. ``(b) A member of the armed forces may not be tried pursuant to an indictment or information charging an offense described under subsection (a) while such member is subject to trial by court-martial for the conduct charged in such indictment or information. ``(c) A person employed by the armed forces outside the United States is not punishable under subsection (a) of this section for conduct described in such subsection if such person is not a national of the United States and was appointed to his position of employment in the country in which such person engaged in such conduct. ``(d)(1) Except in the case of a prosecution approved as provided in paragraph (2), prosecution of a person may not be commenced under this section for an offense described in subsection (a) if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted such person for the conduct constituting such offense. ``(2) The Attorney General of the United States, the Deputy Attorney General of the United States, the Associate Attorney General of the United States, or an Assistant Attorney General of the United States may approve a prosecution which, except for this paragraph, is prohibited under paragraph (1). An approval of prosecution under this paragraph must be in writing. The authority to approve a prosecution under this paragraph may not be delegated below the level of Assistant Attorney General. ``(e)(1) The Secretary of Defense may designate and authorize any member of the armed forces serving in a law enforcement position in a criminal investigative agency of the Department of Defense to apprehend and detain, outside the United States, any person described in subsection (a) who is reasonably believed to have engaged in conduct which constitutes a criminal offense under such subsection. ``(2) A person apprehended and detained under paragraph (1) shall be released to the custody of civilian law enforcement authorities of the United States for removal to the United States for judicial proceedings in relation in conduct referred to in such paragraph unless (A) such person is delivered to authorities of a foreign country under section 993 of this title, or (B) such person is pending court-martial under chapter 47 of this title for such conduct. ``Sec. 993. Delivery to authorities of foreign countries ``(a) Any member of the armed forces designated and authorized under subsection (e) of section 992 of this title may deliver any person described in subsection (a) of such section to the appropriate authorities of a foreign country in which such person is alleged to have engaged in conduct described in such subsection (a) if-- ``(1) the appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and ``(2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party. ``(b) The Secretary of Defense may confine or otherwise restrain a person whose delivery is requested under subsection (a) until the completion of the trial of such person by the foreign country making such request. ``(c) The Secretary of Defense shall determine what officials of a foreign country constitute appropriate authorities for the purposes of this section.''. (b) Technical Amendment.--The tables of chapters at the beginning of such title and such subtitle are each amended by inserting after the item relating to chapter 49 the following: ``50. Criminal Offenses Outside the United States........... 991''.

Provides that members of the armed forces and persons accompanying the armed forces outside the United States who engage in conduct which would constitute a criminal offense within the maritime and territorial jurisdiction of the United States shall be guilty of a like offense against the United States and shall be subject to prosecution and punishment under the Federal criminal code. Prohibits a member of the armed forces from being so tried while subject to trial by court-martial for the same conduct. Prohibits persons employed by the armed forces outside the United States from being so tried if such persons are not nationals of the United States. Prohibits prosecution for such an offense in the United States if a foreign government has prosecuted such person for the conduct constituting such offense. Authorizes specified Federal officials to approve a prosecution which is otherwise prohibited under the grounds of prosecution by the foreign government in certain instances. Authorizes the Secretary of Defense to designate a person to apprehend and detain outside the United States any person reasonably believed to have engaged in conduct which constitutes a criminal offense in the United States. Provides for release of such person to civilian law enforcement authorities of the United States for judicial proceedings. Authorizes a properly-designated member of the armed forces to deliver to the appropriate authorities of a foreign country an individual alleged to have engaged in illegal conduct, if: (1) the appropriate authorities of such country request such delivery for trial; and (2) such delivery is authorized by a treaty or an agreement to which the United States is a party.

A bill to amend title 10, United States Code, to provide for jurisdiction, apprehension, and detention of members of the Armed Forces and certain civilians accompanying the Armed Forces outside the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Crime Avoidance and Prevention Act of 1996''. TITLE I--FEDERAL JUVENILE PROCEEDINGS SEC. 101. FEDERAL JUVENILE PROCEEDINGS. (a) In General.--Chapter 403 of title 18, United States Code, is amended by inserting after section 5032 the following: ``Sec. 1A5032A. Initial intake screening and referrals to youth development specialists ``(a) Intake Screening.--Before any decision is made to proceed against a juvenile as a juvenile, to prosecute that juvenile as an adult, or to refer the juvenile to State authorities, an appropriate Federal authority, designated by the Attorney General, shall perform an initial intake screening of each juvenile taken into custody who is alleged to have committed an offense against the United States or an act of juvenile delinquency, to determine whether that juvenile is an at risk juvenile, as described in subsection (b). If the juvenile is determined to be an at risk juvenile at the initial intake screening and the juvenile is proceeded against under this chapter as a juvenile, that juvenile shall promptly be referred to a youth development specialist under subsection (c). If the juvenile is referred to State authorities for further proceedings or transferred for prosecution as an adult, the results of the intake screening shall promptly be made available to those authorities or the entity to which the juvenile is so transferred. ``(b) At Risk Determination.-- ``(1) Generally.--The screening body shall determine that a juvenile is at risk if it determines that the juvenile is likely to exhibit recidivist or increasingly violent crimes, based on the following factors in the juvenile's development: ``(A) School behavior or performance, including truancy, recent suspensions or expulsion, functioning significantly below grade level, and failing to achieve passing grades. ``(B) Family problems, including traumatic family situations such as death or incarceration of one or both parents, financial difficulties, family divorce or ongoing conflicts, child abuse or neglect, and abuse of controlled substances or other criminal activities in the home. ``(C) Substance abuse problems, including a pattern of alcohol or controlled substance abuse. ``(D) Runaway tendencies, previous delinquent activities, participation in a gang, or other similar activities. ``(E) Such other factors as the National Institute of Justice approves, based on an on-going evaluation aimed at isolating those factors that can predict patterns of juvenile recidivism in 90 percent of cases. ``(2) Limitation on use.--The at risk determination shall only be used in the administration of this section or a similar State operation, and shall not be made part of a juvenile's school, medical, or other official record. ``(c) Youth Development Specialist.-- ``(1) A youth development specialist (hereinafter in this subsection referred to as a `specialist') is a person designated by a court to carry out the duties described in paragraph (2). The specialist shall-- ``(A) be the employee or contractee of the court or of the Government agency responsible for the referral; and ``(B) have appropriate experience in the assessment and counseling of juveniles and an understanding of the juvenile criminal system. ``(2) A specialist to whom a juvenile is referred shall-- ``(A) determine a course of action for the juvenile that will avoid continued criminal activity and help the juvenile successfully reintegrate into his community and school; ``(B) promptly convene a group meeting of any or all of the juvenile's community group, to determine an appropriate course of action for the juvenile pending and after completion of any court action; ``(C) after completing the meeting of the juvenile's community group-- ``(i) present a written report to be included in any court proceedings against the juvenile, which shall include recommendations for community actions that would help prevent instances of recidivism by the juvenile; ``(ii) meet with the juvenile's parents or guardian, and, at the specialist's discretion, any other interested parties from the juvenile's community group to discuss the findings of the report; and ``(iii) provide assistance and guidance to the juvenile's parents and community group to implement the recommendations outlined in the report. ``(iv) work with the juvenile, in conjunction with the juvenile's parents or guardians and community group, to implement the actions recommended in the report. ``(D) monitor the juvenile's progress through the court system; ``(E) act as a liaison to the juvenile's family and community group and work with the juvenile's attorney; ``(F) maintain contact with the juvenile during custody, any court proceedings, any incarceration, and after release until-- ``(i) the juvenile is no longer subject to juvenile jurisdiction; or ``(ii) such time as the court, in consultation with the juvenile, the specialist, and the juvenile's parents or guardian, determines that further contact is no longer necessary with the juvenile to prevent future delinquency. ``(3) As part of the specialist's duties under subsection (a), the specialist, in consultation with the juvenile and the juvenile's community, may pay for any expenses, of which the portion paid from appropriated funds shall not to exceed $10,000 annually, of implementing the recommendations of the specialist, including-- (A) tutors, counselors, test preparation, additional education, and mentoring programs; (B) nutrition, or alcohol or controlled substance abuse treatment programs; (C) incentive programs for academic achievement, including but not limited to books and other educational material; (D) arrangements for community based activities to occupy the juvenile in wholesome uses of his time; (E) parenting instruction for the juvenile's parents or guardians; and (F) such other expenditures designed to stabilize the juvenile's life and direct the juvenile toward a peaceful and productive future instead of crime, as are approved by the juvenile court. ``(4) Of the amount paid under paragraph (3), not more than 20 percent may be used for the salaries and administration of the youth development specialist operation. ``(5) For the purposes of this subsection a juvenile's community group includes the juvenile's parents or guardians, extended family, teachers, clergy, athletic and other coaches, family friends, personal friends, and other interested parties. (b) Clerical Amendment.--The table of sections at the beginning of chapter 403 of title 18, United States Code, is amended by adding at the end the following new item: ``5032A. Initial intake screening and referrals to youth development specialists.''. (c) Collection of Data.--The Attorney General shall collect data on the effects of screening and youth specialist activities under the amendments made by this section and similar State and local activities, including their costs compared to incarceration, and their effects on recidivism rates and rehabilitation of at risk juveniles and make that data available to the States, localities, and the public. TITLE II--GRANT PROGRAM FOR AT RISK JUVENILES SEC. 201. GRANT AUTHORIZATION. (a) In General.--The Attorney General shall award grants to an entity that has implemented at risk juvenile screening programs and youth development specialist referral services modeled after the program and services described in subsections (b) and (c) of section 5032 of title 18, United States Code. (b) Grants.--The Attorney General shall award an entity that meets the requirements of this title not more than $10,000 each year for each juvenile that receives services pursuant to this title. SEC. 202. ELIGIBILITY. To be eligible to receive funds under this title, an entity shall submit an application to the Attorney General that includes an assurance that such entity will use funds received under this title in accordance with section 203. SEC. 203. USES OF FUNDS. An entity may use funds received under this title-- (1) to pay not more than 20 percent of the total amount received to pay for salaries and administration of youth development specialist operations; and (2) upon the recommendation of the youth development specialist, in consultation with the juvenile and a representative of the juvenile justice system, to pay for programs recommended by the specialist, including-- (A) tutors, counselors, test preparation and other educational and mentoring programs; (B) nutrition, alcohol, or controlled substance abuse programs; (C) incentive programs for academic achievement, including books and other educational material; (D) arrangements for community-based activities to occupy the juvenile in constructive uses of time; (E) parenting instruction for the juvenile's parents or guardians; and (F) such other expenditures, if approved by the court, that are designed to stabilize the juvenile's life and direct the juvenile towards a peaceful and productive future. SEC. 204. DEFINITION. For purposes of this title, the term ``entity'' means one of the 50 States or a unit of local government that has jurisdiction over the juvenile justice system for the county or city of such unit, as the case may be. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. (a) Grant Program.--There are authorized to be appropriated beginning in 1997, such sums as may be necessary to carry out this title. (b) Source of Appropriations.--Funds authorized by this section to be appropriated may be appropriated from the Violent Crime Reduction Trust Fund.

TABLE OF CONTENTS: Title I: Federal Juvenile Proceedings Title II: Grant Program for at Risk Juveniles Juvenile Crime Avoidance and Prevention Act of 1996 - Title I: Federal Juvenile Proceedings - Amends the Federal criminal code to require an appropriate Federal authority (designated by the Attorney General), before any decision is made to proceed against a juvenile as a juvenile or as an adult, or to refer the juvenile to State authorities, to perform an initial intake screening to determine whether that juvenile is an at risk juvenile. Requires a juvenile who is determined to be at risk and who is proceeded against as a juvenile to be referred to a youth development specialist. Provides that if a juvenile is referred to State authorities for further proceedings or transferred for prosecution as an adult, the results of the screening shall be made available to those authorities or to the entity to which the juvenile is so transferred. Requires the screening body to determine that a juvenile is at risk if it determines that the juvenile is likely to exhibit recidivist or increasingly violent crimes, based on specified factors. Limits the use of such determination. Sets forth provisions regarding: (1) the qualifications and duties of the youth development specialist, including determining a course of action for the juvenile that will avoid continued criminal activity and monitoring the juvenile's progress through the court system; and (2) data collection and dissemination by the Attorney General. Title II: Grant Program for At Risk Juveniles - Directs the Attorney General to award: (1) grants to an entity that has implemented specified at risk juvenile screening programs and youth development specialist referral services; and (2) not more than $10,000 each year for each juvenile that receives services to an entity that meets the requirements of this title. Sets forth provisions regarding: (1) eligibility; and (2) permissible uses of grant funds. Authorizes appropriations. Specifies that funds authorized may be appropriated from the Violent Crime Reduction Trust Fund.

Juvenile Crime Avoidance and Prevention Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Data Collection Improvement Act of 2010''. SEC. 2. DATA COLLECTION ON SEXUAL ORIENTATION AND GENDER IDENTITY. Title XXXI of the Public Health Service Act (42 U.S.C. 300kk et seq.) is amended by inserting after section 3101 the following new section: ``SEC. 3102. DATA COLLECTION ON SEXUAL ORIENTATION AND GENDER IDENTITY. ``(a) In General.--The Secretary shall ensure that, beginning not later than 1 year after the dissemination of standards under subsection (c)(3), each HHS health service program and HHS health survey provides, to the extent the Secretary determines appropriate and practicable, for the collection of data on the sexual orientation and gender identity of individuals who apply for or receive health services through such program, or who respond to such survey. ``(b) Provision and Use of Information.-- ``(1) Voluntary basis.--Provision of information by an individual in response to a collection pursuant to subsection (a) shall be only on a voluntary basis. ``(2) Limitation.--An agency or person that collects data from an individual pursuant to subsection (a) shall not use such data, or the decision of the individual not to provide such data, in any manner that adversely affects the individual. ``(c) Data Standards.-- ``(1) Development.--The Secretary, in consultation with the Office for Civil Rights of the Department of Health and Human Services and relevant data collection agencies, shall develop standards for the measurement of, and collection of information about, sexual orientation and gender identity. In developing the standards, the Secretary shall take into account recommendations made by the Institute of Medicine Committee on Lesbian, Gay, Bisexual, and Transgender Health Issues and Research Gaps and Opportunities. ``(2) Inclusion of certain standards.--The standards developed under paragraph (1) shall include standards-- ``(A) for categorization of sexual orientation and gender identity, including questions to facilitate categorization; ``(B) for appropriate methods to collect information to maximize voluntary participation, preserve privacy and confidentiality, and avoid unintended negative consequences to an individual or program; and ``(C) that address the feasibility of data collection in different contexts and the appropriateness and analytical validity of collection within specific programs or types of programs. ``(3) Dissemination.--Not later than 1 year after the date of enactment of this section, the Secretary shall disseminate the standards developed under paragraph (1) to the offices and agencies of the Department of Health and Human Services, other Federal departments and agencies that administer health service programs, and other interested parties. ``(4) Revision.--The Secretary shall revise the standards developed under paragraph (1), and disseminate the revised standards, as the Secretary determines appropriate. ``(d) Analysis.-- ``(1) Departmental analysis.--For each HHS health service program and HHS health survey, the Secretary shall-- ``(A) analyze data collected under subsection (a) to detect and monitor health disparities based on sexual orientation and gender identity at the Federal and State levels; and ``(B) report to the Congress and the public the results of such analyses. ``(2) Integration of data analyses.--The Secretary shall integrate data analyses conducted under paragraph (1) with other activities of the Department of Health and Human Services that identify and analyze health disparities by race, ethnicity, sex, disability, primary language, or other population. ``(3) Availability of data.--The Secretary shall, as appropriate, enter into data use agreements between the Department of Health and Human Services (or offices and agencies thereof) and other governmental agencies and nongovernmental entities, pursuant to which the Secretary shall make available to such agencies and entities aggregated data (excluding any personally identifiable information about an individual) collected under subsection (a). ``(e) Privacy and Other Safeguards.--The protections and safeguards described in section 3101(e)(1) shall apply to data collected pursuant to subsection (a) of this section to the same extent and in the same manner as such protections and safeguards apply to data collected pursuant to section 3101(a). ``(f) Definitions.--In this section: ``(1) The term `HHS health service program' means a program conducted or supported by the Department of Health and Human Services through which direct preventive health or medical treatment services are delivered to individuals, either in a clinical or community setting. ``(2) The term `HHS health survey' means data collection efforts conducted or supported by the Department of Health and Human Services to obtain information directly from individual respondents for the purpose of aggregating statistical information.''.

Health Data Collection Improvement Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to ensure that the collection of data on sexual orientation and gender identity is provided for within HHS health service programs and health surveys. Makes the provision of such information by an individual voluntary. Prohibits an agency or person that collects data from an individual from using such data, or the decision of the individual not to provide such data, in any manner that adversely affects the individual. Requires the Secretary to: (1) develop standards for the measurement of, and collection of information about, sexual orientation and gender identity; (2) analyze data collected under this Act to detect and monitor health disparities at the federal and state levels; (3) report to Congress and the public on the results of such analyses; and (4) integrate such data analyses with other activties that identify and analyze health disparities by race, ethnicity, sex, disability, primary language, or other population. Applies privacy protections to data collected under this Act and security safeguards to the collection, analysis and sharing of such data.

To amend the Public Health Service Act to require the Secretary of Health and Human Services to ensure that each HHS health service program or HHS health survey provides, to the extent the Secretary determines appropriate and practicable, for the voluntary collection of data on the sexual orientation and gender identity of individuals who apply for or receive health services through such program, or who respond to such survey.

SECTION 1. SHORT TITLE. This section may be cited as the ``Low-Level Radioactive Waste Policy Act of 1996''. SEC. 2. DEFINITIONS. As used in this Act: (1) Compact.--The term ``compact'' means a compact entered into by 2 or more States under section 4 of the Low-Level Radioactive Waste Policy Act. (2) Compact region.--The term ``compact region'' means the area consisting of all the States that are members of the compact. (3) Disposal.--The term ``disposal'' means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission. (4) Generate.--The term ``generate'', when used in relation to low-level radioactive waste, means to produce low-level radioactive waste. (5) Low-level radioactive waste.--The term ``low-level radioactive waste'' means radioactive material that-- (A) is not highly radioactive waste, spent nuclear fuel, or byproduct material (as defined in section 11e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)))-- (i) owned or generated by the Department of Energy; (ii) owned or generated by the United States Navy as the result of the decommission of vessels of the United States Navy; or (iii) owned or generated as a result of any research, development, testing, or production of any atomic weapons; (B) the Nuclear Regulatory Commission, consistent with existing law and in accordance with subparagraph (A), classifies as low-level radioactive waste; and (C) consists of or contains class A, B, or C radioactive waste as defined by regulations published at section 61.55 of title 10, Code of Federal Regulations, as in effect on January 26, 1983. (6) Secretary.--The term ``Secretary'', unless otherwise specified, means the Secretary of the Interior. (7) Sited compact region.--The term ``sited compact region'' means a compact region in which there is located one of the following disposal facilities: Barnwell in the State of South Carolina and Richland in the State of Washington. A region ceases to be a sited compact region if, for any reason, the disposal facility located in the region ceases to accept waste. (8) State.--The term ``State'' means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 3. DUTY TO DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE. The Secretary shall dispose of low-level radioactive waste generated within any State outside a sited compact region. Each sited compact region shall provide for the disposal of low-level radioactive waste generated within the sited compact region. A State outside a sited compact region may provide for the disposal within that State of any low-level radioactive waste generated within that State, except that such a State shall not be required to accept low-level radioactive waste generated outside that State, except under contract with the Secretary under section 5. SEC. 4. ESTABLISHMENT OF DISPOSAL FACILITY. The Secretary shall establish a disposal facility for low-level radioactive waste on land owned by the Federal Government, and may contract with the Department of Energy for disposal of low-level radioactive waste at a disposal facility established by the Department of Energy for radioactive waste as described in clause (i), (ii), or (iii) of section 2(5)(A). SEC. 5. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE. Not later than January 1, 1997, the Secretary shall accept for disposal any low-level radioactive waste generated within any State outside a sited compact region. Notwithstanding any other provision of law, no later than January 1, 1997, the Secretary shall contract with the Secretary of Energy for the temporary storage of low-level radioactive waste at any facility established by the Department of Energy for radioactive waste as described in clause (i), (ii), or (iii) of section 2(5)(A) and may contract with the Secretary of Energy for disposal of such waste at any such facility or may contract with any State for disposal of such waste at any licensed disposal facility operated to dispose of low-level radioactive waste generated within that State. The Secretary shall take physical possession of low-level radioactive waste tendered consistent with this Act by a waste generator or broker or by a State official charged with regulating possession of radioactive materials beginning on January 1, 1997, whether or not a contract with the Secretary of Energy has been executed. SEC. 6. RATES FOR DISPOSAL. The Secretary shall establish by regulation rates for the disposal of low-level radioactive waste accepted for disposal. The rates shall provide for recovery of the actual costs of disposal and the administrative costs of the Secretary to contract with the Secretary of Energy as provided in section 5. Rates may be based upon volume or activity of waste, or a combination of the two, except that the rate shall not exceed an average rate of $500 per cubic foot of waste disposed. SEC. 7. CONFORMING AMENDMENTS. (a) Repeal.--The Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.) is repealed. (b) Duties of the Secretary of the Interior.--Section 441 of the Revised Statutes (43 U.S.C. 1457) is amended by adding at the end the following: ``14. Commercial Low-Level Radioactive Waste Disposal (other than greater than Class C).''.

Low-Level Radioactive Waste Policy Act of 1996 - Directs the Secretary of the Interior to perform the following duties: (1) dispose of low-level radioactive waste generated within any State outside a sited compact region; (2) establish a disposal facility for low-level radioactive waste on federally-owned land; (3) accept for disposal any low-level radioactive waste generated within any State outside a sited compact region; (4) contract with the Secretary of Energy for the temporary storage of low-level radioactive waste at any Department of Energy radioactive waste facility; (5) take physical possession, by a specified date, of low-level radioactive waste tendered by a waste generator, broker, or State regulatory official, regardless of whether a contract with the Secretary of Energy has been executed; and (6) establish low-level radioactive waste disposal rates.

Low-Level Radioactive Waste Policy Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2011''. SEC. 2. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT PATIENTS AND OTHER RENAL DIALYSIS PROVISIONS. (a) Medicare Entitlement to Immunosuppressive Drugs for Kidney Transplant Recipients.-- (1) Kidney transplant recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for eligibility for enrollment under part B solely for purposes of coverage of immunosuppressive drugs described in section 1861(s)(2)(J))'' before ``, with the thirty-sixth month''. (2) Individuals eligible only for coverage of immunosuppressive drugs.-- (A) Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (i) by striking ``Every'' and inserting ``(a) In General.--Every''; and (ii) by inserting at the end the following new subsection: ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.-- Beginning on January 1, 2012, every individual whose insurance benefits under part A have ended (whether before, on, or after such date) by reason of section 226A(b)(2) is eligible for enrollment in the insurance program established by this part solely for purposes of coverage of immunosuppressive drugs.''. (B) Conforming amendment.--Sections 1837, 1838, and 1839 of the Social Security Act (42 U.S.C. 1395(p), 42 U.S.C. 1395(q), 42 U.S.C. 1395(r)) are each amended by striking ``1836'' and inserting ``1836(a)'' each place it appears. (3) Enrollment for individuals only eligible for coverage of immunosuppressive drugs.--Section 1837 of the Social Security Act (42 U.S.C. 1395(p)) is amended by adding at the end the following new subsection: ``(m)(1) Any individual who is eligible under section 1836(b) to enroll in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs may enroll only in such manner and form as may be prescribed by regulations, and only during an enrollment period described in this subsection. ``(2) An individual described in paragraph (1) may enroll beginning on the first day of the third month before the month in which the individual first satisfies section 1836(b). ``(3) An individual described in paragraph (1) whose entitlement for hospital insurance benefits under part A ends by reason of section 226A(b)(2) on or after January 1, 2012, shall be deemed to have enrolled in the medical insurance program established by this part for purposes of coverage of immunosuppressive drugs.''. (4) Coverage period for individuals only eligible for coverage of immunosuppressive drugs.-- (A) In general.--Section 1838 of the Social Security Act (42 U.S.C. 1395q) is amended by adding at the end the following new subsection: ``(g) In the case of an individual described in section 1836(b), the following rules shall apply: ``(1) In the case of such an individual who is deemed to have enrolled in part B for coverage of immunosuppressive drugs under section 1837(m)(3), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b). ``(2) In the case of such an individual who enrolls in part B for coverage of immunosuppressive drugs under section 1837(m)(2), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b) or the month following the month in which the individual so enrolls, whichever is later. ``(3) The provisions of subsections (b) and (d) shall apply with respect to an individual described in paragraph (1) or (2). ``(4) In addition to the reasons for termination under subsection (b), the coverage period of an individual described in paragraph (1) or (2) shall end when the individual becomes entitled to benefits under this title under section 226(a), 226(b), or 226A.''. (B) Conforming amendments.--Section 1838(b) of the Social Security Act (42 U.S.C. 1395q(b)) is amended, in the matter following paragraph (2), by adding ``or section 1837(m)(3)'' after ``section 1837(f)'' each place it appears. (5) Premiums for individuals only eligible for coverage of immunosuppressive drugs.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (A) in subsection (b), by adding at the end the following new sentence: ``No increase in the premium shall be effected for individuals who are enrolled pursuant to section 1836(b) for coverage only of immunosuppressive drugs.''; and (B) by adding at the end the following new subsection: ``(j) Determination of Premium for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--The Secretary shall, during September of each year, determine and promulgate a monthly premium rate for the succeeding calendar year for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b). Such premium shall be equal to 35 percent of the monthly actuarial rate for enrollees age 65 and over, determined according to paragraph (1), for that succeeding calendar year. The monthly premium of each individual enrolled for coverage of immunosuppressive drugs under section 1836(b) for each month shall be the amount promulgated in this subsection. Such amount shall be adjusted in accordance with subsections (c) and (f).''. (6) Government contribution.--Section 1844(a) of the Social Security Act (42 U.S.C. 1395w(a)) is amended-- (A) in paragraph (3), by striking the period at the end and inserting ``; plus''; (B) by adding at the end the following new paragraph: ``(4) a Government contribution equal to the estimated aggregate reduction in premiums payable under part B that results from establishing the premium at 35 percent of the actuarial rate under section 1839(j) instead of 50 percent of the actuarial rate for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b).''; and (C) by adding at the end the following flush matter: ``The Government contribution under paragraph (4) shall be treated as premiums payable and deposited for purposes of subparagraphs (A) and (B) of paragraph (1).''. (7) Extension of secondary payer requirements for esrd beneficiaries eligible for coverage of immunosuppressive drugs.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395(y)(b)(1)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished to an individual who enrolls for the purpose of coverage of immunosuppressive drugs under section 1836(b) on or after January 1, 2012, this subparagraph shall apply without regard to any time limitation, except that when such individual becomes entitled to benefits under this title under sections 226(a) or 226(b), or entitled to or eligible for benefits under this title under section 226A, the provisions of subparagraphs (A) and (B), and the time limitations under this subparagraph, respectively, shall apply.''. (8) Ensuring coverage under the medicare savings program.-- Section 1905(p)(1)(A) of the Social Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting ``or an individual who is enrolled under part B for the purpose of coverage of immunosuppressive drugs under section 1836(b)'' after ``section 1818''. (9) Part d.--Section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-101(a)(3)(A)) is amended by inserting ``(but not including an individual enrolled solely for coverage of immunosuppressive drugs under section 1836(b))'' before the period at the end.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2011 - Amends title II (Old Age, Survivors and Disability Benefits) (OASDI) of the Social Security Act (SSA) to extend the months of coverage of immunosuppressive drugs for kidney transplant patients. Amends SSA title XVIII (Medicare) to make eligible for enrollment in Medicare part B (Supplementary Medical Insurance), solely for the purpose of such drug coverage, every individual whose insurance benefits under Medicare part A (Hospital Insurance) have ended by reason of a kidney transplant or the end of any requirement for a regular course of dialysis. Directs the Secretary of Health and Human Services (HHS) to determine a monthly premium rate for such individuals equal to 35% of the monthly actuarial rate for enrollees age 65 and over. Prescribes a formula for detemination of a government contribution to such a premium.

A bill to amend title XVIII of the Social Security Act to provide for extended months of Medicare coverage of immunosuppressive drugs for kidney transplant patients and other renal dialysis provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``340B Program Improvement Act''. SEC. 2. EXTENSION OF DISCOUNTS TO INPATIENT DRUGS. (a) In General.--Section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended-- (1) in subsection (a)-- (A) in paragraphs (1), (2), and (5), by striking ``covered outpatient drug'' each place such term appears and inserting ``covered drug''; and (B) in paragraphs (1), (7), and (9), by striking ``covered outpatient drugs'' each place such term appears and inserting ``covered drugs''; (2) in subsection (b)(2)(B) by striking ``paragraph (3)(A)'' and inserting ``paragraph (3)''; and (3) in subsection (d), by striking ``covered outpatient drugs'' each place such term appears and inserting ``covered drugs''. (b) Medicaid Credits on Inpatient Drugs.--Section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended by inserting after subsection (b) the following new subsection: ``(c) Medicaid Credits on Inpatient Drugs.-- ``(1) In general.--For each cost reporting period, based on the most recently filed Medicare cost report under title XVIII of the Social Security Act and subject to paragraph (5), a hospital described in subparagraph (L), (M), (N), or (O) of subsection (a)(4) and enrolled to participate in the drug discount program under this section shall provide to each State that has a plan for medical assistance under title XIX of such Act and that makes payment to such hospital for covered drugs provided to Medicaid recipients for inpatient use, a credit on the estimated annual purchases by such hospital of such covered drugs provided to such Medicaid recipients. ``(2) Amount of credit.-- ``(A) In general.--The credit described in paragraph (1), with respect to a hospital and cost reporting period described in such paragraph shall be equal to-- ``(i) the product of-- ``(I) the sum of the annual credit amounts (described in subparagraph (B)) calculated under subparagraph (B)(i) for each dosage form and strength of each covered drug purchased by the hospital during the cost reporting period; and ``(II) the estimated percentage of the purchases of covered drugs by the hospital during such period attributable to Medicaid recipients for inpatient use, as determined in accordance with subparagraph (D); and ``(ii) subject to paragraph (3)(D), reduced by the amount by which the Medicaid inpatient reimbursement (as defined in subparagraph (E)(ii)) of the hospital for such period was reduced as a result of participation in the drug discount program under this section during such period by the hospital, as determined in accordance with subparagraph (E). ``(B) Annual credit amounts.--For purposes of subparagraph (A)(i)(I), an annual credit amount, with respect to a covered drug purchased by a hospital described in paragraph (1) during a cost reporting period of the hospital-- ``(i) is equal to the sum of the quarterly credit amounts calculated under subparagraph (C)(i), for each of the 4 quarters of the cost reporting period for such covered drug; and ``(ii) shall be calculated for each dosage form and strength of such covered drug. ``(C) Quarterly credit amounts.--For purposes of subparagraph (B)(ii), a quarterly credit amount, with respect to a covered drug purchased by a hospital described in paragraph (1) during a quarter of the cost reporting period of the hospital-- ``(i) is equal to the product of-- ``(I) the total number of units of each dosage form and strength of such covered drug purchased by the hospital during such quarter; ``(II) the average manufacturer price of the covered drug (for the unit of the dosage form and strength involved) during such quarter; and ``(III) half of the rebate percentage for the covered drug, as defined in subsection (a)(2); and ``(ii) shall be calculated for-- ``(I) each dosage form and strength of the covered drug purchased by the hospital; and ``(II) each of the 4 quarters of such cost reporting period. ``(D) Percentage of drug purchases attributable to medicaid recipients for impatient use.--For purposes of subparagraph (A)(i)(II), the estimated percentage of the drug purchases of the hospital attributable to Medicaid recipients for inpatient use shall be equal to the Medicaid inpatient drug charges as reported on the most recently filed Medicare cost report of the hospital, divided by the total drug charges reported on the cost report. ``(E) Credit offset.-- ``(i) In general.--For purposes of subparagraph (A)(ii), the amount by which the Medicaid inpatient reimbursement of a hospital, with respect to a cost reporting period, is reduced as a result of the participation in the drug discount program under this section by the hospital shall be computed as the difference between-- ``(I) the Medicaid inpatient reimbursement that would have otherwise been payable to the hospital for the cost reporting period if the hospital did not participate in such drug discount program; and ``(II) the actual Medicaid inpatient reimbursement payable to the hospital for the cost reporting period. ``(ii) Medicaid inpatient reimbursement defined.--For purposes of this subsection, the term `Medicaid inpatient reimbursement' means the total payments received by the hospital under the State plan under title XIX of the Social Security Act for providing inpatient services to Medicaid recipients. ``(3) Requirements.-- ``(A) In general.--A hospital shall not be required to provide a credit under paragraph (1) to a State unless, not later than 30 days after receiving the information described in subparagraph (B), the State calculates in accordance with paragraph (2) the amount of the credit owed by the hospital under paragraph (1) and provides the hospital with both the amount of such credit so owed and an explanation of how the State calculated such credit. ``(B) Hospital provision of information.--Not later than 30 days after the date of the filing of the most recently filed Medicare cost report of a hospital described in paragraph (1), the hospital shall provide the State involved with the information described in subparagraphs (C)(i)(I) and (D) of paragraph (2). With respect to each covered drug purchased during the cost reporting period, the hospital shall provide the National Drug Code, date of purchase, and the number of units purchased. Submission of such information shall not be required if a covered drug has not been assigned a National Drug Code at the time of purchase. ``(C) Access to amp and rebate data.--The Secretary shall establish a system for giving States access to the information necessary for them to calculate credits under paragraph (2), with respect to covered drugs, including the average manufacturer price and rebate percentage for such covered drugs. ``(D) Credit offset.--Paragraph (2)(A)(ii) shall be applied, with respect to a credit owed by a hospital under paragraph (1), only if, not later than 30 days after filing the most recent Medicare cost report, the hospital submits to the State involved-- ``(i) a request for the State to apply such paragraph and to calculate the amount described in such paragraph in accordance with paragraph (2)(E); and ``(ii) the data needed by the State to determine the amount of the Medicaid inpatient reimbursement described in paragraph (2)(E)(i)(I) for such hospital. ``(E) Disputes.--A State and hospital described in paragraph (1) shall have access to the same State dispute resolution procedures and system applicable to Medicaid reimbursement matters under title XIX of the Social Security Act. ``(4) Payment deadline.--A hospital shall provide to a State the credits owed by such hospital under paragraph (1) not later than 60 days after the hospital receives the information described in paragraph (3)(A). ``(5) Opt out.--A hospital shall not be required to provide a credit under paragraph (1) to a State if the hospital and State agree to an alternative arrangement. ``(6) Offset against medical assistance.--Amounts received by a State under this subsection shall be considered to be a reduction in the amount expended under the State plan for medical assistance for purposes of section 1903(a)(1) of the Social Security Act. ``(7) Medicaid recipient defined.--For purposes of this subsection, the term `Medicaid recipient' means, with respect to a State, an individual who receives benefits under the State plan under title XIX of the Social Security Act.''. (c) Conforming Amendments.--Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended-- (1) in subsection (a)(5)-- (A) in subparagraph (A), by striking ``covered outpatient drugs'' and inserting ``covered drugs (as defined in section 340B(b)(2) of the Public Health Service Act)''; and (B) by striking subparagraphs (D) and (E); and (2) in subsection (c)(1)(C)(i)-- (A) by redesignating subclauses (II) through (VI) as subclauses (III) through (VII), respectively; and (B) by inserting after subclause (I) the following: ``(II) any prices charged for a covered drug, as defined in section 340B(b)(2) of the Public Health Service Act;''. SEC. 3. PROHIBITION AGAINST DUPLICATE DISCOUNTS FOR PHYSICIAN ADMINISTERED DRUGS. Section 340B(a)(5)(A) of the Public Health Service Act (42 U.S.C. 256b) is amended by adding at the end the following: ``(iii) Physician administered drugs.--A hospital described in subparagraph (L), (M), (N), or (O) of paragraph (4) shall not be required under section 1927(a)(7) of the Social Security Act to report National Drug Code numbers for drugs administered by a physician (or under a physician's supervision) if the State is precluded from seeking a rebate on such drugs because such drugs were purchased at a discount under this section. Nothing in this clause shall relieve a hospital of its obligation to submit National Drug Codes in accordance with subsection (c)(3)(B).''. SEC. 4. CONTINUED INCLUSION OF ORPHAN DRUGS IN DEFINITION OF COVERED OUTPATIENT DRUGS; TECHNICAL AMENDMENT. (a) In General.--Section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended by striking subsection (e). (b) Effective Date.--The amendment made by subsection (a) shall apply to drugs purchased on or after March 30, 2010. SEC. 5. APPLICATION OF RULES FOR DETERMINING PROVIDER-BASED STATUS FOR CERTAIN ENTITIES. Notwithstanding any other provision of law, in making determinations of provider-based status under title XVIII of the Social Security Act, the facility or organization shall be treated as satisfying any requirements and standards for geographic location in relation to a hospital or a critical access hospital if the facility or organization is described in subparagraph (L), (M), (N), or (O) of section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)).

340B Program Improvement Act - Amends the Public Health Service Act to make revisions to the 340B drug discount program (a program limiting the cost of covered outpatient drugs to certain federal grantees). Includes drugs used in connection with an inpatient or outpatient service by enrolled hospitals as covered drugs under the program (currently, only outpatient drugs are covered under the program). Requires hospitals enrolled in the 340B program to provide to each state a credit on the estimated annual purchases by such hospitals of covered drugs provided to Medicaid recipients for inpatient use. Sets forth a formula for calculating the credit. Allows a hospital to avoid paying such credits under certain circumstances. Eliminates the requirement that hospitals enrolled in the 340B program report the National Drug Code numbers for drugs administered by a physician if the state is precluded from seeking a rebate on such drugs because they were purchased at a discount under the 340B program. Removes the exclusion that prohibited covered entities added to the 340B program under the Patient Protection and Affordable Care Act from purchasing drugs for a rare disease or condition as covered outpatient drugs. Treats a facility or organization that is eligible for the 340B program as satisfying any geographic location requirements in relation to a hospital or a critical access hospital for purposes of determining provider-based status under Medicare.

To amend section 340B of the Public Health Service Act to improve the provision of discounts on drug purchases for certain safety net providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on American Cybersecurity Act of 2008''. SEC. 2. ESTABLISHMENT OF THE COMMISSION. There is established a commission to be known as the ``National Commission on American Cybersecurity'' (hereinafter in this Act referred to as the ``Commission''. SEC. 3. DUTIES OF THE COMMISSION. The duties of the Commission shall be-- (1) to analyze the cybersecurity of American business, national infrastructure, and United States Government non- military and non-national security related computer systems against compromise from foreign entities, both governmental and private; (2) to assess the current effectiveness of those American institutions and National infrastructure in remaining secure against foreign interference; and (3) to recommend a comprehensive cybersecurity strategy for American business, national infrastructure, and United States Government non-military and non-national security related computer systems. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 13 members as follows: (1) 1 member, who shall serve as the chairman of the Commission, appointed by the Speaker of the House of Representatives. (2) 2 members appointed by the majority leader of the House of Representatives. (3) 2 members appointed by the minority leader of the House of Representatives. (4) 2 members appointed by the majority leader of the Senate. (5) 2 members appointed by the minority leader of the Senate. (6) 4 members appointed by the President. (b) Qualifications.-- (1) Expertise.--Each member of the Commission shall be appointed on the basis of recognized expertise, experience, or familiarity with computers, the internet, or the security issues specified in section 3. (2) Non-government sector.--Members of the Commission may not be officers, employees, or elected officials of any government while serving as members of the Commission. (c) Political Party Affiliation.--Not more than 7 members of the Commission shall be from the same political party. (d) Continuation of Membership.--If a member was appointed to the Commission because the member was not an officer, employee, or elected official of any government and later becomes such an officer, employee, or official, that member may continue as a member of the Commission for not longer than the 60-day period beginning on the date that member becomes such an officer, employee, or official, as the case may be. (e) Terms.--Each member shall be appointed for the life of the Commission. (f) Basic Pay.--To the extent or in the amounts provided in advance in appropriation Acts, each member of the Commission may be compensated at a level not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (g) 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. (h) Quorum.--7 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (i) Meetings.--The Commission shall meet upon the call of the chairman or a majority of its members. SEC. 5. STAFF OF COMMISSION. (1) Director.--The Chairman of the Commission, in accordance with the rules agreed upon by the Commission, may appoint a Director. The Director shall be paid at a rate not to exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Staff.--The Chairman of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedules pay rates; except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Experts and consultants.--Subject to rules prescribed by the Commission, the Commission may procure temporary and intermittent services under section 3109(b) or title 5, United States Code, but at rates for individuals not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (4) Staff of federal agencies.--Upon request of the Commission, 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 Commission to assist it in carrying out its duties under this Act. SEC. 6. 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. (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) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chairperson, the head of that department or agency shall furnish that information to the Commission. (d) 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. (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 matter which the Commission is empowered to investigate. 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 United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1) of this subsection, 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 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 made under paragraph (2) of this subsection may be served in the judicial district in which the person required to be served resides or may be found. (f) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code. A person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 7. REPORTS. (a) Interim Reports.--The Commission may submit to the President and the Congress interim reports as the Commission considers appropriate. (b) Final Reports.--The Commission shall transmit a final report to the President and the Congress not later than 24 months after the Commission's first meeting. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations. (c) Reports Available to the Public.--All findings and reports issued by the Commission shall be made available to the public. SEC. 8. TERMINATION. The Commission, and all the authorities of this Act, shall terminate 30 days after the date on which the final report is submitted under section 7(b).

National Commission on American Cybersecurity Act of 2008 - Establishes the National Commission on American Cybersecurity to analyze the cybersecuirty of American business, national infrastructure, and U.S. Government non-military and non-national security related computer systems and to recommend a comprehensive cybersecurity strategy for those systems.

To establish the American Cybersecurity Commission to investigate the current threats to the cybersecurity of American business and infrastructure from foreign entities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Accountability Act of 2015''. SEC. 2. REMOVAL OF SENIOR EXECUTIVES OF THE INTERNAL REVENUE SERVICE FOR PERFORMANCE OR MISCONDUCT. (a) In General.--Section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended by adding at the end the following new subsection: ``(f) Removal of Senior Executives Based on Performance or Misconduct.-- ``(1) Removal or transfer.-- ``(A) In general.--The Commissioner of Internal Revenue (referred to in this subsection as the `Commissioner') may remove an individual employed in a senior executive position at the Internal Revenue Service from the senior executive position if the Commissioner determines the performance or misconduct of the individual warrants such removal. If the Commissioner so removes such an individual, the Commissioner may-- ``(i) remove the individual from the civil service (as defined in section 2101 of title 5, United States Code); or ``(ii) in the case of an individual described in subparagraph (B), transfer the individual from the senior executive position to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Commissioner determines is appropriate. ``(B) Individuals eligible for transfer.--An individual described in this subparagraph is an individual who-- ``(i) previously occupied a permanent position within the competitive service (as that term is defined in section 2102 of title 5, United States Code); ``(ii) previously occupied a permanent position within the excepted service (as that term is defined in section 2103 of title 5, United States Code); or ``(iii) prior to employment in a senior executive position at the Internal Revenue Service, did not occupy any position within the Federal Government. ``(2) Pay of transferred individuals.-- ``(A) In general.--Notwithstanding any other provision of law, including the requirements of section 3594 of title 5, United States Code, any individual transferred to a General Schedule position under paragraph (1)(A)(ii) shall, beginning on the date of such transfer, receive the annual rate of pay applicable to such position. ``(B) Paid leave during appeal.--An individual so transferred may not be placed on administrative leave or any other category of paid leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the individual reports for duty. If an individual so transferred does not report for duty, such individual shall not receive pay or other benefits pursuant to paragraph (5)(E). ``(3) Notice to congress.--Not later than 30 days after removing or transferring an individual from a senior executive position under paragraph (1), the Commissioner shall submit written notice of such removal or transfer and the reason for such removal or transfer to-- ``(A) the Committee on Finance of the Senate; ``(B) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(C) the Committee on Ways and Means of the House of Representatives; and ``(D) the Committee on Oversight and Government Reform of the House of Representatives. ``(4) Procedure.-- ``(A) In general.--The procedures under section 7543(b) of title 5, United States Code, shall not apply to a removal or transfer under this section. ``(B) Appeal to merit system protection board.-- ``(i) In general.--Subject to clause (ii) and paragraph (5), any removal or transfer under paragraph (1) may be appealed to the Merit Systems Protection Board under section 7701 of title 5, United States Code. ``(ii) Deadline for appeal.--An appeal under clause (i) of a removal or transfer may only be made if such appeal is made not later than seven days after the date of such removal or transfer. ``(5) Expedited review by administrative judge.-- ``(A) In general.--Upon receipt of an appeal under paragraph (4)(B)(i), the Merit Systems Protection Board shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5, United States Code. The administrative judge shall expedite any such appeal under such section and, in any such case, shall issue a decision not later than 21 days after the date of the appeal. ``(B) Finality of decision.--Notwithstanding any other provision of law, including section 7703 of title 5, United States Code, the decision of an administrative judge under subparagraph (A) shall be final and shall not be subject to any further appeal. ``(C) Failure to reach decision.--In any case in which the administrative judge cannot issue a decision in accordance with the 21-day requirement under subparagraph (A), the removal or transfer is final. In such a case, the Merit Systems Protection Board shall, within 14 days after the date that such removal or transfer is final, submit to Congress and the Committees described in paragraph (3) a report that explains the reasons why a decision was not issued in accordance with such requirement. ``(D) Prohibition on stay of removal or transfer.-- The Merit Systems Protection Board or administrative judge may not stay any removal or transfer under this subsection. ``(E) Period of review.--During the period beginning on the date on which an individual appeals a removal from the civil service under paragraph (4) and ending on the date that the administrative judge issues a final decision on such appeal, such individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. ``(F) Relevant information to be provided.--To the maximum extent practicable, the Commissioner shall provide to the Merit Systems Protection Board, and to any administrative judge to whom an appeal under this section is referred, such information and assistance as may be necessary to ensure an appeal under this paragraph is expedited. ``(6) Relation to other provisions of law.-- ``(A) In general.--The authority provided by this subsection is in addition to, and shall not be construed to limit or diminish, the authority provided by-- ``(i) subsections (a) and (c); and ``(ii) section 3592 or subchapter V of chapter 75 of title 5, United States Code. ``(B) Removal from senior executive service.-- Section 3592(b)(1) of title 5, United States Code, does not apply to an action to remove or transfer an individual under this subsection. ``(7) Definitions.--In this subsection: ``(A) Individual.--The term `individual' means a career appointee (as that term is defined in section 3132(a)(4) of title 5, United States Code). ``(B) Misconduct.--The term `misconduct' includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. ``(C) Senior executive position.--The term `senior executive position' means a Senior Executive Service position (as such term is defined in section 3132(a)(2) of title 5, United States Code).''. (b) Conforming Amendment.--Subsection (a) of the Internal Revenue Service Restructuring and Reform Act of 1998 is amended by striking ``subsection (c)'' and inserting ``subsections (c) and (f)''. (c) Establishment of Expedited Review Process.-- (1) In general.--Not later than 14 days after the date of the enactment of this Act, the Merit Systems Protection Board shall establish and put into effect a process to conduct expedited reviews in accordance with subsection (f) of section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998, as added by this Act. (2) Inapplicability of certain regulations.--Section 1201.22 of title 5, Code of Federal Regulations, as in effect on the day before the date of the enactment of this Act, shall not apply to expedited reviews carried out under section 1203(f) of the Internal Revenue Service Restructuring and Reform Act of 1998. (3) Waiver.--The Merit Systems Protection Board may waive any other regulation in order to provide for the expedited review required under section 1203(f) of the Internal Revenue Service Restructuring and Reform Act of 1998. (4) Review by merit systems protection board.--Not later than 14 days after the date of the enactment of this Act, the Merit Systems Protection Board shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the actions the Board plans to take to conduct expedited reviews under section 1203(f) of the Internal Revenue Service Restructuring and Reform Act of 1998, as added by this Act. Such report shall include a description of the resources the Board determines will be necessary to conduct such reviews and a description of whether any resources will be necessary to conduct such reviews that were not available to the Board on the day before the date of the enactment of this Act. (d) Temporary Exemption From Certain Limitation on Initiation of Removal From Senior Executive Service.--During the 120-day period beginning on the date of the enactment of this Act, an action to remove an individual from the Senior Executive Service at the Internal Revenue Service pursuant to section 7543 of title 5, United States Code, may be initiated, notwithstanding section 3592(b) of such title, or any other provision of law. (e) Construction.-- (1) In general.--Nothing in this section or section 1203(f) of the Internal Revenue Service Restructuring and Reform Act of 1998, as added by this Act, shall be construed to apply to an appeal of a removal, transfer, or other personnel action that was pending before the date of the enactment of this Act. (2) Relation to other provisions of law.--With respect to the removal or transfer of an individual (as that term is defined in paragraph (7)(A) of section 1203(f) of the Internal Revenue Service Restructuring and Reform Act of 1998) employed at the Internal Revenue Service, the authority provided by such section is in addition to, and shall not be construed to limit or diminish, the authority provided by-- (A) subsections (a) and (c) of section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998; and (B) section 3592 or subchapter V of chapter 75 of title 5, United States Code.

IRS Accountability Act of 2015 This bill amends the Internal Revenue Service Restructuring and Reform Act of 1998 to allow the removal or transfer of an Internal Revenue Service (IRS) senior executive employee based on performance or misconduct. The IRS must submit written notice to certain congressional committees of the removal or transfer of an employee and the reason for such removal or transfer. The bill provides for an expedited appeal of a removal or transfer to the Merit Systems Protection Board.

IRS Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low-Income Housing Preservation Act of 1993''. SEC. 2. 15-YEAR RECOVERY PERIOD. (a) General Rule.--Subsection (c) of section 168 of the Internal Revenue Code of 1986 (relating to applicable recovery period) is amended-- (1) by striking ``as provided in paragraph (2)'' in paragraph (1) and inserting ``as otherwise provided in this subsection'', (2) by redesignating paragraph (2) as paragraph (3), and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Low-income housing.--In the case of any residential rental property which is part of a qualified low-income housing project (as defined in subsection (i)(14)), the applicable recovery period shall be 15 years.'' (b) Qualified Low-Income Housing Project.--Subsection (i) of section 168 of such Code is amended by adding at the end thereof the following new paragraph: ``(14) Qualified low-income housing project.-- ``(A) In general.--For purposes of this section, the term `qualified low-income housing project' means any project for residential rental property if-- ``(i) such project is assisted under a specified HUD program, ``(ii) 50 percent or more of the residential units in such project-- ``(I) in the case of a project described in clause (i) or (ii) of subparagraph (C), are occupied by individuals whose income (at the time of their initial occupancy in such project) was less than 80 percent of the area median gross income (as of such time), or ``(II) in the case of a project described in clause (iii) or (iv) of subparagraph (C), are units with respect to which rental assistance is provided under section 8 of the United States Housing Act of 1937, ``(iii) such project was originally placed in service at least 10 years before the taxpayer acquired an interest in such project, ``(iv) such project is substantially rehabilitated, ``(v) the taxpayer acquired such taxpayer's interest in such project by purchase, and ``(vi) such project was not previously placed in service by the taxpayer or by any person who was a related person (as defined in section 42(d)(2)(D)(iii)) with respect to the taxpayer as of the time previously placed in service. ``(B) Denial of double benefit.--A project shall not be treated as a qualified low-income housing project if the taxpayer (or any other person holding an interest in such project) claims any benefits with respect to such project under-- ``(i) section 42 (relating to low-income housing credit), ``(ii) the Low-Income Housing Preservation and Resident Homeownership Act of 1990, or ``(iii) the Emergency Low-Income Housing Preservation Act of 1987 pursuant to section 604 of the Cranston-Gonzalez National Affordable Housing Act. ``(C) Specified hud programs.--For purposes of subparagraph (A), a project is assisted under a specified HUD program if such project was financed by a loan or mortgage which-- ``(i) is insured or held by the Secretary of Housing and Urban Development under section 221(d)(3) of the National Housing Act and bears interest at a rate determined under the proviso of section 221(d)(5) of such Act, ``(ii) is insured, assisted, or held by such Secretary or a State or State agency under section 236 of such Act, ``(iii) is insured or held by such Secretary under section 221(d)(3) of such Act and receiving assistance under section 8 of the United States Housing Act of 1937, or ``(iv) is insured or held by such Secretary under section 221(d)(4) of the National Housing Act. ``(D) Substantially rehabilitated.-- ``(i) In general.--For purposes of subparagraph (A), a project is substantially rehabilitated if the amount of the rehabilitation expenditures with respect to such project during the 24-month period beginning on the date the taxpayer acquired his interest in such project equals or exceeds 10 percent of the aggregate adjusted bases (as of the beginning of such 24-month period) of the residential rental property which is part of such project. ``(ii) Rehabilitation expenditures.-- ``(I) In general.--For purposes of clause (i), the term `rehabilitation expenditures' means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the rehabilitation of a building. Such term shall not include the cost of acquiring the building (or any interest therein). ``(II) Special rule.--An expenditure may be taken into account only if it benefits the low-income units in the project at least in proportion to the total number of units in such project which are low-income units. For purposes of the preceding sentence, the term `low-income units' means units with respect to which the requirements of subparagraph (A)(ii) are met. ``(E) Income determinations.--For purposes of subparagraph (A), income of individuals and area median gross income shall be determined as provided in section 142(d)(2)(B). ``(F) Purchase.--For purposes of subparagraph (A), the term `purchase' has the meaning given to such term by section 179(d)(2); except that such term shall not include any acquisition where the basis of the property acquired is determined in whole or in part by reference to the basis of other property held at any time by the person acquiring the property.'' SEC. 3. EXEMPTION FROM PASSIVE LOSS LIMITATIONS. Section 469 of the Internal Revenue Code of 1986 (relating to limitation on passive activity losses and credits) is amended-- (1) by redesignating subsections (j), (k), (l), and (m) as subsections (k), (l), (m), and (n), respectively, and (2) by inserting after subsection (i) the following new subsection: ``(j) $50,000 Offset for Certain Low-Income Housing Activities.-- ``(1) In general.--Subsection (a) shall not apply to that portion of the passive activity loss for any taxable year which is attributable to rental activities with respect to residential rental property which is part of a qualified low- income housing project (as defined in section 168(i)(14)). ``(2) Dollar limitation.--The aggregate amount to which paragraph (1) applies for any taxable year shall not exceed $50,000 ($25,000 in the case if a separate return by a married individual). ``(3) Coordination with subsection (i).--This subsection shall be applied before the application of subsection (i).'' SEC. 4. MINIMUM TAX TREATMENT. (a) General Rule.--Paragraph (1) of section 56(a) of the Internal Revenue Code of 1986 (relating to depreciation deduction) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Special rule for certain low-income housing projects.--In the case of residential rental property which is part of a qualified low-income housing project (as defined in section 168(i)(14))-- ``(i) the depreciation deduction with respect to 50 percent of the adjusted basis of such property shall be determined as provided in subparagraph (A), and ``(ii) the depreciation deduction with respect to the other 50 percent of such adjusted basis shall be determined under the method applicable in computing the regular tax.'' (b) Conforming Amendment.--Clause (i) of section 56(g)(4)(A) of such Code is amended by inserting before the period at the end thereof the following: ``or, if applicable, the rules of subsection (a)(1)(C)''. SEC. 5. EFFECTIVE DATE. The amendments made by this section shall apply to property placed in service after December 31, 1993.

Low-Income Housing Preservation Act of 1993 - Amends the Internal Revenue Code to provide a 15-year recovery period for the depreciation deduction for new investments to rehabilitate qualified low-income housing projects. Exempts a specified amount of such rehabilitation costs from the passive loss limitations.

Low-Income Housing Preservation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marion Malley Walsh Drunk Driving Act of 1994''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Drunk driving crashes cost the United States health care system approximately $6,000,000,000 in 1993. (2) Drunk driving crashes cost American businesses and workers approximately $25,000,000,000 in lost wages in 1993. (3) It is estimated that alcohol was involved in 45 percent of fatal motor vehicle crashes and in 7 percent of all motor vehicle crashes in 1992. (4) The 17,699 fatalities in alcohol-related motor vehicle crashes during 1992 represent an average of 1 alcohol-related fatality every 30 minutes. (5) About 355,000 persons were injured in motor vehicle crashes where police reported that alcohol was present--an average of 1 person injured every 1\1/2\ minutes. (6) More than 1,800,000 drivers were arrested in 1991 for driving under the influence of alcohol or narcotics--an arrest rate of 1 for every 92 licensed drivers in the United States. (7) In 1992, an average of 35.2 percent of all fatal motor vehicle crashes during a week were alcohol-related, compared to 58.2 percent on weekends. SEC. 3. DRUNK DRIVING. Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 161. Drunk driving ``(a) Transfer of Apportionments for Noncompliance.-- ``(1) First fiscal year.--On the first day of the first fiscal year succeeding the first fiscal year beginning after September 30, 1996, throughout which a State does not meet the requirements of subsection (b), the Secretary shall transfer 1\1/2\ percent of the funds apportioned to the State under each of paragraphs (1), (2), and (3) of section 104(b) for such fiscal year to the apportionment of the State under section 402 of this title. ``(2) After first fiscal year.--On the first day of each fiscal year after the second fiscal year beginning after September 30, 1996, throughout which a State does not meet the requirements of subsection (b), the Secretary shall transfer 3 percent of the funds apportioned to the State under each of paragraphs (1), (2), and (3) of section 104(b) for such fiscal year to the apportionment of the State under section 402 of this title. ``(b) Requirements.--A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that provides for 4 or more of the following: ``(1) Any individual with a blood alcohol concentration of 0.08 percent or greater when driving a motor vehicle shall be deemed to be driving while under the influence of alcohol. ``(2) Any individual under age 21, driving with a blood alcohol concentration of 0.02 percent or greater, shall be deemed to be driving while under the influence of alcohol, and a blood alcohol content of at least 0.02 percent, but less than 0.08 percent, will be punishable by a fine of up to $500 and a 6-month driver's license suspension. ``(3) With respect to the impoundment of motor vehicles, the State law provides the following: ``(A) If an individual's license has been suspended or revoked for an alcohol-related offense and the individual is thereafter caught driving, the vehicle the individual is driving will be immediately impounded or immobilized for 30 days. The court can impound the vehicle for an additional 90 days following conviction. ``(B) The owner of the vehicle (other than the driver) may petition the court for release of the vehicle. ``(C) Any individual who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended driver's license for an alcohol-related offense can be charged with a Class 1 misdemeanor. ``(4) Establishment of an expedited driver's license suspension or revocation system for persons who operate motor vehicles while under the influence of alcohol which requires that-- ``(A) when a law enforcement officer has probable cause under State law to believe a person has committed an alcohol-related traffic offense and such person is determined, on the basis of a chemical test, to have been under the influence of alcohol while operating the motor vehicle or refuses to submit to such a test as proposed by the officer, the officer shall serve such person with a written notice of suspension or revocation of the driver's license of such person and take possession of such driver's license; ``(B) the notice of suspension or revocation referred to in subparagraph (A) shall provide information on the administrative procedures under which the State may suspend or revoke in accordance with the objectives of this section a driver's license of a person for operating a motor vehicle while under the influence of alcohol and shall specify any rights of the operator under such procedures; ``(C) the State shall provide, in the administrative procedures referred to in subparagraph (B), for due process of law, including the right to an administrative review of a driver's license suspension or revocation within the time period specified in subparagraph (F); ``(D) after serving notice and taking possession of a driver's license in accordance with subparagraph (A), the law enforcement officer immediately shall report to the State entity responsible for administering drivers' licenses all information relevant to the action taken in accordance with this subparagraph; ``(E) in the case of a person who, in any 5-year period beginning after the date of enactment of this section, is determined on the basis of a chemical test to have been operating a motor vehicle under the influence of alcohol or is determined to have refused to submit to such a test as proposed by the law enforcement officer, the State entity responsible for administering drivers' licenses, upon receipt of the report of the law enforcement officer-- ``(i) shall suspend the driver's license of such person for a period of not less than 90 days if such person is a first offender in such 5-year period; and ``(ii) shall suspend the driver's license of such person for a period of not less than 1 year, or revoke such license, if such person is a repeat offender in such 5-year period; and ``(F) the suspension and revocation referred to under subparagraph (D) shall take effect not later than 30 days after the day on which the person first received notice of the suspension or revocation in accordance with subparagraph (B). ``(5)(A) Establishment and maintenance of a graduated licensing program consisting of the following licensing stages for any driver under age 21 years: ``(i) An instructional license, valid for a minimum period determined by the Secretary, under which the licensee shall not operate a motor vehicle unless accompanied in the front passenger seat by the holder of a full driver's license. ``(ii) A provisional driver's license which shall not be issued unless the driver has passed a written examination on traffic safety and has passed a roadtest administered by the driver licensing agency of the State. ``(iii) A full driver's license which shall not be issued until the driver has held a provisional license for at least 6 months with a clean driving record. ``(B) For purposes of subparagraph (A)(iii), a provisional licensee has a clean driving record if the licensee-- ``(i) has not been found, by civil or criminal process, to have committed a moving traffic violation during the applicable period; ``(ii) has not been assessed points against the license because of safety violations during such period; and ``(iii) has satisfied such other requirements as the Secretary may prescribe by regulation. ``(C) The Secretary shall determine the conditions under which a State shall suspend provisional driver's licenses in order not to have funds transferred under subsection (a). At a minimum, the holder of a provisional license shall be subject to driver control actions that are stricter than those applicable to the holder of a full driver's license, including warning letters and suspension at a lower point threshold. If the Secretary determines that a State law is substantially the same as what is required under paragraph (3) or (4), such law shall be treated as meeting such requirement. ``(c) Federal Share.--The Federal share of the cost of any project carried out under section 402 with funds transferred to the apportionment of section 402 under this section shall be 100 percent. ``(d) Transfer of Obligation Authority.--If the Secretary transfers under this section any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall allocate an amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out only projects under section 402 which is determined by multiplying-- ``(1) the amount of funds transferred under this section to the apportionment of section 402 of the State of such fiscal year; by ``(2) the ratio of the amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs to the total of the sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to any obligation limitation) for such fiscal year. ``(e) Limitation on Applicability of Highway Safety Obligations.-- Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs carried out by the Federal Highway Administration under section 402 shall apply to funds transferred under this section to the apportionment of section 402.''. SEC. 4. CONFORMING AMENDMENT. The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``161. Drunk driving.''.

Marion Malley Walsh Drunk Driving Act of 1994 - Provides for the transfer of apportionments of Federal highway funds to highway safety programs for noncompliance with this Act. Specifies that a State meets the requirements of this Act if it has enacted and is enforcing a law that provides for four or more of the following: (1) any individual with a blood alcohol concentration of .08 percent or greater when driving a motor vehicle shall be deemed to be driving while under the influence of alcohol; (2) any individual under age 21, driving with a blood alcohol concentration of .02 percent or greater, shall be deemed to be driving while under the influence of alcohol, and a blood alcohol content of at least .02 percent, but less than .08 percent, will be punishable by a fine of up to $500 and a six-month driver's license suspension; (3) if an individual's license has been suspended or revoked for an alcohol-related offense and the individual is thereafter caught driving, the vehicle the individual is driving will be immediately impounded or immobilized for 30 days; (4) establishment of an expedited driver's license suspension or revocation system for persons who operate motor vehicles while under the influence of alcohol; and (5) establishment and maintenance of a graduated licensing program for drivers under age 21.

Marion Malley Walsh Drunk Driving Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Trauma Institute Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Wars have always generated technological and medical advances. (2) Trauma is the number one killer of the Nation's fighting soldiers, having caused over 20,000 injuries and over 3500 deaths in the Global War on Terror. (3) In the United States, civilian trauma is the leading cause of death from ages 1 to 44 and is responsible for over 160,000 deaths annually. (4) Each year trauma accounts for 37 million emergency department visits and 2.6 million hospital admissions. (5) Trauma is a disease affecting all ages of people, and the impact of life years lost is 4 times greater than heart disease or cancer. (6) Injuries in a single year will ultimately cost the United States $406 billion, with $326 billion in lost productivity and $80.2 billion in medical costs (representing approximately 6 percent of total annual health expenditures). (7) By the year 2020, injury will equal or surpass communicable diseases as the number one world-wide cause of disability-adjusted life years lost. (8) While the mechanisms of injury are different, military and civilian trauma casualties are treated similarly, thus improvements gained by focused, relevant trauma research in each group will benefit both. (9) Despite these alarming facts, within the context of years of potential life lost, the National Institutes of Health support ratio for HIV is $3.51, for cancer is $1.65, and for trauma is $0.10 cents. (10) Despite a mandate to promote research directed toward specific health issues relevant to the military forces, the Peer Reviewed Medical Research Program within the Congressionally Directed Medical Research Programs has spent less than a third of funding on trauma research. (11) Among more than two dozen research institutes at the National Institutes of Health, none is devoted to trauma. The National Trauma Institute (NTI) in San Antonio, Texas, can fill the gap by setting a comprehensive research agenda to award grants to the best researchers in the country. (12) By 2011, two NTI partners, Brooke Army Medical Center and Wilford Hall Medical Center will combine through the base realignment and closure process to become the largest military trauma research center in the world. (13) NTI, as a consortium of civilian and Department of Defense centers, is the natural starting point to translate battlefield innovations to civilians at home. (14) NTI, as a centralized institute to coordinate a national trauma research agenda, will substantially reduce the number of injuries and deaths to the Nation's soldiers on the battlefield and civilians at home. SEC. 3. ESTABLISHMENT. (a) Establishment.--The Secretary of Defense shall establish a National Trauma Institute in San Antonio, Texas. (b) Purposes.--The purposes of the Institute shall be-- (1) to develop and implement revolutionary medical technologies to improve injury prevention and diagnosis, survival, and quality of life for victims of trauma and burn injury; and (2) to implement a multidisciplinary, multi-center collaborative research effort, including coordination of trauma research carried out at-- (A) Wilford Hall Medical Center, San Antonio, Texas; (B) University Hospital, the University of Texas Health Science Center, San Antonio, Texas; and (C) Brooke Army Medical Center, San Antonio, Texas. (c) Trauma Research.--The activities of the Institute shall include research on the following: (1) Injury prevention and education. (2) More effective triage. (3) Resuscitation. (4) Early, effective treatment of compressible and non- compressible bleeding. (5) Improved burn care. (6) Head injury. (7) Tissue engineering and regenerative medicine. (8) Orthopedics. (9) Improved intensive care unit treatment and management. (10) Enhanced rehabilitation and recovery. (11) Outcomes. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Defense $100,000,000 for fiscal year 2009 for purposes of carrying out the activities of the National Trauma Institute as described in this Act. Such funds shall not be available for general administrative expenses of the Secretary of Defense.

National Trauma Institute Act - Directs the Secretary of Defense to establish a National Trauma Institute in San Antonio, Texas. States that the Institute shall: (1) develop medical technologies to improve injury prevention and diagnosis, survival, and quality of life for victims of trauma and burn injury; and (2) implement a multidisciplinary, multi-center collaborative research effort, including coordination of trauma research carried out at Wilford Hall Medical Center, San Antonio, Texas, University Hospital, the University of Texas Health Science Center, San Antonio, Texas, and Brooke Army Medical Center, San Antonio, Texas.

To require the Secretary of Defense to establish a National Trauma Institute.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Bankruptcy Fairness Act of 2014''. SEC. 2. DEFINITIONS. (a) In General.--Section 101 of title 11, United States Code, is amended-- (1) by inserting after paragraph (39A) the following: ``(39B) The term `medical debt' means any debt incurred voluntarily or involuntarily-- ``(A) as a result of the diagnosis, cure, mitigation, or treatment of injury, deformity, or disease of an individual; or ``(B) for services performed by a medical professional in the prevention of disease or illness of an individual. ``(39C) The term `medically distressed debtor' means-- ``(A) a debtor who, during the 3 years before the date of the filing of the petition-- ``(i) incurred or paid aggregate medical debts for the debtor, a dependent of the debtor, or a nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor that were not paid by any third-party payor and were greater than the lesser of-- ``(I) 10 percent of the debtor's adjusted gross income (as such term is defined in section 62 of the Internal Revenue Code of 1986); or ``(II) $10,000; ``(ii) did not receive domestic support obligations, or had a spouse or dependent who did not receive domestic support obligations, of at least $10,000 due to a medical issue of the person obligated to pay that would cause the obligor to meet the requirements under clause (i) or (iii), if the obligor was a debtor in a case under this title; or ``(iii) experienced a change in employment status that resulted in a reduction in wages, salaries, commissions, or work hours or resulted in unemployment due to-- ``(I) an injury, deformity, or disease of the debtor; or ``(II) care for an injured, deformed, or ill dependent or nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor; or ``(B) a debtor who is the spouse of a debtor described in subparagraph (A).''. (b) Conforming Amendments.--Section 104 of title 11, United States Code, is amended-- (1) in subsection (a), by inserting ``101(39C)(A),'' after ``101(19)(A),''; and (2) in subsection (b), by inserting ``101(39C)(A),'' after ``101(19)(A),''. SEC. 3. EXEMPTIONS. (a) Exempt Property.--Section 522 of title 11, United States Code, is amended by adding at the end the following: ``(r)(1) If a medically distressed debtor exempts property listed in subsection (b)(2), the debtor may, in lieu of the exemption provided under subsection (d)(1), elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in property described in paragraph (3) of this subsection. ``(2) If a medically distressed debtor exempts property listed in subsection (b)(3) and the exemption provided under applicable law specifically for the kind of property described in paragraph (3) is for less than $250,000 in value, the debtor may elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in any such property. ``(3) The property described in this paragraph is-- ``(A) real property or personal property that the debtor or a dependent of the debtor uses as a residence; ``(B) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or ``(C) a burial plot for the debtor or a dependent of the debtor.''. (b) Conforming Amendments.--Section 104 of title 11, United States Code, is amended-- (1) in subsection (a), by inserting ``522(r),'' after ``522(q),''; and (2) in subsection (b), by inserting ``522(r),'' after ``522(q),''. SEC. 4. WAIVER OF ADMINISTRATIVE REQUIREMENTS. (a) Case Under Chapter 7.--Section 707(b) of title 11, United States Code, is amended by adding at the end the following: ``(8) Paragraph (2) does not apply in any case in which the debtor is a medically distressed debtor.''. (b) Case Under Chapter 13.--Section 1325(b)(1) of title 11, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) the debtor is a medically distressed debtor.''. SEC. 5. CREDIT COUNSELING. Section 109(h)(4) of title 11, United States Code, is amended by inserting ``a medically distressed debtor or'' after ``apply with respect to''. SEC. 6. STUDENT LOAN UNDUE HARDSHIP. Section 523(a)(8) of title 11, United States Code, is amended by inserting ``the debtor is a medically distressed debtor or'' before ``excepting''. SEC. 7. ATTESTATION BY DEBTOR. Section 521 of title 11, United States Code, is amended by adding at the end the following: ``(k) If the debtor seeks relief as a medically distressed debtor, the debtor shall file a statement of medical expenses relevant to the determination of whether the debtor is a medically distressed debtor, which statement shall declare under penalty of perjury that such medical expenses were not incurred for the purpose of bringing the debtor within the meaning of the term medically distressed debtor.''. SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of this Act.

Medical Bankruptcy Fairness Act of 2014 - Amends federal bankruptcy law to cite circumstances under which a medically distressed debtor may elect to exempt from the property of the estate in bankruptcy up to $250,000 of the debtor's aggregate interest in: (1) specified real or personal property that the debtor (or debtor's dependent) uses as a residence, (2) a cooperative that owns the property used as a residence by the debtor or a dependent of the debtor, or (3) a burial plot for the debtor or debtor's dependent. Applies the same election to certain other property of a medically distressed debtor, including certain retirement funds held in a tax-exempt account. Declares inapplicable to a medically distressed debtor: (1) certain presumptions that granting relief under Chapter 7 would constitute abuse of Chapter 7, and (2) mandatory court disapproval of a debtor's plan under chapter 13 upon objection by the trustee or the holder of an allowed unsecured claim. Waives the credit counseling prerequisite for filing for debt relief in the case of a medically distressed debtor. Permits a medically distressed debtor to discharge in bankruptcy debts for certain educational loans. Requires a debtor who seeks relief as a medically distressed debtor to attest in writing, and under penalty of perjury, that debtor's medical expenses are genuine, and are not specifically incurred to bring the debtor within the meaning of "medically distressed debtor."

Medical Bankruptcy Fairness Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antimicrobial Regulation Technical Corrections Act of 1998''. SEC. 2. DEFINITION OF PESTICIDE CHEMICAL UNDER FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) In General.--Section 201(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)) is amended by striking ``(q)(1)'' and all that follows through the end of subparagraph (1) and inserting the following: ``(q)(1)(A) Except as provided in clause (B), the term `pesticide chemical' means any substance that is a pesticide within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act, including all active and inert ingredients of such pesticide. Notwithstanding any other provision of law, the term `pesticide' within such meaning includes ethylene oxide and propylene oxide when such substances are applied on food. ``(B) In the case of the use, with respect to food, of a substance described in clause (A) to prevent, destroy, repel, or mitigate microorganisms (including bacteria, viruses, fungi, protozoa, algae, and slime), the following applies for purposes of clause (A): ``(i) The definition in such clause for the term `pesticide chemical' does not include the substance if the substance is applied for such use on food, or the substance is included for such use in water that comes into contact with the food, in the preparing, packing, or holding of the food for commercial purposes. The substance is not excluded under this subclause from such definition if the substance is ethylene oxide or propylene oxide, and is applied for such use on food. The substance is not so excluded if the substance is applied for such use on a raw agricultural commodity, or the substance is included for such use in water that comes into contact with the commodity, as follows: ``(I) The substance is applied in the field. ``(II) The substance is applied at a treatment facility where raw agricultural commodities are the only food treated, and the treatment is in a manner that does not change the status of the food as a raw agricultural commodity (including treatment through washing, waxing, fumigating, and packing such commodities in such manner). ``(III) The substance is applied during the transportation of such commodity between the field and such a treatment facility. ``(ii) The definition in such clause for the term `pesticide chemical' does not include the substance if the substance is a food contact substance as defined in section 409(h)(6), and any of the following circumstances exist: The substance is included for such use in an object that has a food contact surface but is not intended to have an ongoing effect on any portion of the object; the substance is included for such use in an object that has a food contact surface and is intended to have an ongoing effect on a portion of the object but not on the food contact surface; or the substance is included for such use in or is applied for such use on food packaging (without regard to whether the substance is intended to have an ongoing effect on any portion of the packaging). The food contact substance is not excluded under this subclause from such definition if any of the following circumstances exist: The substance is applied for such use on a semipermanent or permanent food contact surface (other than being applied on food packaging); or the substance is included for such use in an object that has a semipermanent or permanent food contact surface (other than being included in food packaging) and the substance is intended to have an ongoing effect on the food contact surface. With respect to the definition of the term `pesticide' that is applicable to the Federal Insecticide, Fungicide, and Rodenticide Act, this clause does not exclude any substance from such definition.''. (b) Regulations.--Section 408(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(j)) is amended by adding at the end the following paragraph: ``(4) Certain substances.--With respect to a substance that is not included in the definition of the term `pesticide chemical' under section 201(q)(1) but was so included on the day before the date of the enactment of the Antimicrobial Regulation Technical Corrections Act of 1998, the following applies as of such date of enactment: ``(A) Notwithstanding paragraph (2), any regulation applying to the use of the substance that was in effect on the day before such date, and was on such day deemed in such paragraph to have been issued under this section, shall be considered to have been issued under section 409. ``(B) Notwithstanding paragraph (3), any regulation applying to the use of the substance that was in effect on such day and was issued under this section (including any such regulation issued before the date of the enactment of the Food Quality Protection Act of 1996) is deemed to have been issued under section 409.''. (c) Technical Amendment.--Section 201(q)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)(3)) is amended in the matter preceding clause (A) by striking ``paragraphs (1) and (2)'' and inserting ``subparagraphs (1) and (2)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Antimicrobial Regulation Technical Corrections Act of 1998 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the definition of "pesticide chemical," including regarding ethylene oxide and propylene oxide when those substances are applied to food. Considers certain regulations issued previous to the adoption of this Act to have been issued under FDCA food additive provisions.

Antimicrobial Regulation Technical Corrections Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Ownership of Public Lands Act''. SEC. 2. PRODUCTION INCENTIVE FEE. (a) Establishment.--The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue regulations to establish an annual production incentive fee with respect to Federal onshore and offshore lands that are subject to a lease for production of oil or natural gas under which production is not occurring. Such fee shall apply with respect to lands that are subject to such a lease that is in effect on the date final regulations are promulgated under this subsection or that is issued thereafter. (b) Amount.--The amount of the fee shall be, for each acre of land from which oil or natural gas is produced for less than 90 days in a calendar year-- (1) for each of the first 3 years of the lease, $5 per acre in 2008 dollars; (2) for the fourth year of the lease, $25 per acre in 2008 dollars; and (3) for the fifth year of the lease and each year thereafter for which the lease is otherwise in effect, $50 per acre in 2008 dollars. (c) Assessment and Collection.--The Secretary shall assess and collect the fee established under this section. (d) Regulations.--The Secretary of the Interior may issue regulations to prevent evasion of the fee under this section. SEC. 3. ENERGY EFFICIENCY AND RENEWABLE ENERGY FUND. (a) Establishment.--There is hereby established in the Treasury of the United States a separate account which shall be known as the ``Energy Efficiency and Renewable Energy Fund'' (in this section referred to as the ``Fund''). There shall be deposited into the Fund amounts received by the United States in the form of fees under this Act. (b) Use.--Amounts in the Fund shall be available, subject to appropriations, as follows each fiscal year: (1) Wind energy research and development.--$65,000,000 for necessary expenses for a program to support the development of next-generation wind turbines, including turbines capable of operating in areas with low wind speeds, as authorized in section 931(a)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(B)). (2) Solar energy research and development.--$100,000,000 for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of solar energy technologies, and public education and outreach materials pursuant to such program, as authorized by section 931(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(A)). (3) Low income weatherization.--The Secretary of the treasury shall transfer $200,000,000 to the account ``Weatherization Assistance Program'', for a program to weatherize low income housing, as authorized by section 411 of the Energy Independence and Security Act of 2007 (Public Law 110-140). (4) Building and lighting energy efficiency research and development.--$70,000,000 for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings, as authorized in section 321(g) of the Energy Independence and Security Act of 2007 (42 U.S.C. 6295 note), section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082), and section 912 of the Energy Policy Act of 2005 (42 U.S.C. 16192). (5) Energy storage for transportation and electric power.-- (A) $30,000,000 for necessary expenses for a program to accelerate basic research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution, as authorized by section 641(p)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(1)). (B) $70,000,000 including-- (i) $30,000,000 for a program to accelerate applied research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution as authorized by section 641(p)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(2)); (ii) $20,000,000 for energy storage systems demonstrations as authorized by section 641(p)(4) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(4)); and (iii) $20,000,000 for vehicle energy storage systems demonstrations as authorized by section 641(p)(5) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231(p)(5)). (6) Advanced vehicles research, development, and demonstration.--$40,000,000 for necessary expenses for research, development, and demonstration on advanced, cost- effective technologies to improve the energy efficiency and environmental performance of vehicles, as authorized in section 911(a)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)(A)). (7) Audits, investigation, and environmental mitigation.-- $50,000,000 for audits, investigation, and environmental mitigation for oil and gas by the Department of Interior. (8) Low-income home energy assistance program.--The remainder for use for the Low-Income Home Energy Assistance Program.

Responsible Ownership of Public Land Act - Directs the Secretary of the Interior to establish an annual production incentive fee for federal onshore and offshore lands subject to a lease for production of oil or natural gas under which production is not occurring. Prescribes the fee amount for each acre of land from which oil or natural gas is produced for less than 90 days in a calendar year. Establishes the Energy Efficiency and Renewable Energy Fund to serve as depository for fees received under this Act. Enumerates energy programs to be funded with such fees, including: (1) low-income home energy assistance; (2) advanced vehicles research, development, and demonstration; (3) new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings; (4) energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution; (5) next-generation wind turbines; (6) weatherization assistance low income housing; and (7) wind and solar energy research and development.

To direct the Secretary of the Interior to establish an annual production incentive fee with respect to Federal onshore and offshore lands that are subject to a lease for production of oil or natural gas under which production is not occurring, to authorize use of amounts received as such fee for energy efficiency and renewable energy projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Right Start Child Care and Education Act of 2009''. SEC. 2. INCREASE IN EMPLOYER-PROVIDED CHILD CARE CREDIT. (a) Increase in Creditable Percentage of Child Care Expenditures.-- Paragraph (1) of section 45F(a) of the Internal Revenue Code of 1986 is amended by striking ``25 percent'' and inserting ``35 percent''. (b) Increase in Creditable Percentage of Resource and Referral Expenditures.--Paragraph (2) of section 45F(a) of such Code is amended by striking ``10 percent'' and inserting ``20 percent''. (c) Increase in Maximum Credit.--Subsection (b) of section 45F of such Code is amended by striking ``$150,000'' and inserting ``$225,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. INCREASE IN DEPENDENT CARE CREDIT. (a) Increase in Incomes Eligible for Full Credit.--Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended by striking ``$30,000'' and inserting ``$20,000''. (b) Increase in Percentage of Expenses Allowable.--Paragraph (2) of section 21(a) of such Code is amended-- (1) by striking ``35 percent'' and inserting ``50 percent'', and (2) by striking ``20 percent'' and inserting ``35 percent''. (c) Increase in Dollar Limit on Amount Creditable.--Subsection (c) of section 21 of such Code is amended-- (1) by striking ``$3,000'' in paragraph (1) and inserting ``$6,000'', and (2) by striking ``$6,000'' in paragraph (2) and inserting ``$12,000''. (d) Credit To Be Refundable.-- (1) In general.--Section 21 of such Code is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 36. (2) Technical amendments.-- (A) Section 21 of such Code, as so moved, is redesignated as section 36A. (B) Paragraph (1) of section 36A(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (C) Paragraph (1) of section 23(f) of such Code is amended by striking ``21(e)'' and inserting ``36A(e)''. (D) Paragraph (6) of section 35(g) of such Code is amended by striking ``21(e)'' and inserting ``36A(e)''. (E) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking ``section 21(e)'' and inserting ``section 36A(e)''. (F) Paragraph (2) of section 129(b) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36A(d)(2)''. (G) Paragraph (1) of section 129(e) of such Code is amended by striking ``section 21(b)(2)'' and inserting ``section 36A(b)(2)''. (H) Subsection (e) of section 213 of such Code is amended by striking ``section 21'' and inserting ``section 36A''. (I) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking ``section 21'' and inserting ``section 36A''. (J) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking ``section 21,'' and inserting ``section 36A,''. (K) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36A,'' after ``36,''. (L) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 and inserting the following: ``Sec. 36A. Expenses for household and dependent care services necessary for gainful employment.'' (M) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (e) Certain Prior Amendments to Credit Made Permanent.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by section 204 of such Act. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 4. 3-YEAR CREDIT FOR INDIVIDUALS HOLDING CHILD CARE-RELATED DEGREES WHO WORK IN LICENSED CHILD CARE FACILITIES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. RIGHT START CHILD CARE AND EDUCATION CREDIT. ``(a) Allowance of Credit.--In the case of an individual who is an eligible child care provider for the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount of $2,000. ``(b) 3-Year Credit.-- ``(1) In general.--The credit allowable by subsection (a) for any taxable year to an individual shall be allowed for such year only if the individual elects the application of this section for such year. ``(2) Election.--An election to have this section apply may not be made by an individual for any taxable year if such an election by such individual is in effect for any 3 prior taxable years. ``(c) Eligible Child Care Provider.--For purposes of this section-- ``(1) In general.--The term `eligible child care provider' means, for any taxable year, any individual if-- ``(A) as of the close of such taxable year, such individual holds a bachelor's degree in early childhood education, child care, or a related degree and such degree was awarded by an eligible educational institution (as defined in section 25A(f)(2)), and ``(B) during such taxable year, such individual performs at least 1,200 hours of child care services at a facility if-- ``(i) the principal use of the facility is to provide child care services, ``(ii) no more than 25 percent of the children receiving child care services at the facility are children (as defined in section 152(f)) of the individual or such individual's spouse, and ``(iii) the facility meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including the licensing of the facility as a child care facility. Subparagraph (B)(i) shall not apply to a facility which is the principal residence (within the meaning of section 121) of the operator of the facility. ``(2) Child care services.--The term `child care services' means child care and early childhood education.''. (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Right Start Child Care and Education Credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 5. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED DEPENDENT CARE ASSISTANCE. (a) In General.--Subparagraph (A) of section 129(a)(2) of the Internal Revenue Code of 1986 (relating to dependent care assistance programs) is amended by striking ``$5,000 ($2,500'' and inserting ``$7,500 ($3,750''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2008.

Right Start Child Care and Education Act of 2009 - Amends the Internal Revenue Code to: (1) increase the rates and maximum allowable amount of the tax credit for employer-provided child care facilities; (2) increase the eligibility threshold amount and rate of the household and dependent care tax credit and make such credit refundable; (3) allow a new $2,000 tax credit for child care providers who hold a bachelor's degree in early childhood education, child care, or a related degree and who provide at least 1,200 hours of child care services in a taxable year; and (4) increase the tax exclusion for employer-provided dependent care assistance.

A bill to amend the Internal Revenue Code of 1986 to increase the credit for employers establishing workplace child care facilities, to increase the child care credit to encourage greater use of quality child care services, to provide incentives for students to earn child care-related degrees and to work in child care facilities, and to increase the exclusion for employer-provided dependent care assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Establishing Grants for College Access and Completion Act of 2009''. SEC. 2. GRANTS FOR COLLEGE SUCCESS. (a) Purpose.--The purpose of this Act is to authorize grants to eligible entities to-- (1) build and sustain an understanding among secondary school students from disadvantaged populations of the need for higher levels of educational attainment and lifelong learning; and (2) increase the number of low-income students from underserved populations and disadvantaged backgrounds who enter and complete college. (b) Grants Authorized.--Subject to the availability of amounts appropriated to carry out this Act, the Secretary of Education shall award 5-year grants, on a competitive basis, to eligible entities to carry out the purpose of this Act through the activities and services described in subsection (d). (c) Federal Share; Non-Federal Share.-- (1) Federal share.--The amount of the Federal share under this section for a fiscal year shall be not be more than 85 percent of the costs of the activities and services described in subsection (d) that are carried out under the grant. (2) Non-federal share.--The amount of the non-Federal share under this section shall be not less than 15 percent of the costs of the activities and services described in subsection (d). Such non-Federal share may be provided in cash or in-kind, or both. (d) Uses of Funds.-- (1) In general.--Grants awarded under this Act shall be used to-- (A) provide mentoring, academic support, and supportive services to prepare low-income students to attend institutions of higher education; (B) conduct outreach programs to encourage low- income students to pursue higher education, including providing information about Federal and State financial aid options; and (C) provide other activities to ensure that an increasing number of low-income students attend institutions of higher education. (2) Priority.--In carrying out the activities and services described in paragraph (1), an eligible entity receiving a grant under this Act shall give priority to students who are from families with incomes below the poverty line. (e) Annual Report.--Each eligible entity receiving a grant under this Act shall prepare and submit an annual report to the Secretary of Education on the activities and services provided with such grant funds, including-- (1) each activity and service that was provided to low- income students over the course of the year; (2) the cost of providing each such activity and service; (3) the number of low-income students who received mentoring and outreach services from the entity; and (4) the outcomes for students who participated in an activity or received services provided with such grant funds, including high school graduation rates and enrollment rates at institutions of higher education. (f) Definitions.--For the purposes of this Act: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit organization that-- (A) has as its primary purpose to provide scholarships and support services to students from underserved and disadvantaged populations to increase the number of such students who enter and complete a program of study at institutions of higher education; (B) has been in operation for not less than 6 years and serves secondary school students; (C) is actively collaborating with the State in which it is headquartered; (D) has received financial support from such State; (E) has raised not less than $75,000,000 from private or other nongovernmental sources for scholarship aid and support programs for low-income students; (F) has a business plan in place to expand into additional States; (G) provides scholarships and support programs to students in more than one State; (H) during the 3-year period before applying for a grant under this Act, has served a significant number of students and awarded a significant number of scholarships through all of its programs, as determined by the Secretary; and (I) has provided scholarships and mentoring services for a significant number of baccalaureate degree graduates, as determined by the Secretary, since the entity was established. (2) Low-income student.--The term ``low-income student'' means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that such term does not include an institution described in subsection (a)(1)(C) of that section. (4) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. (5) State.--The term ``State'' means each of the several States and the District of Columbia. (g) Authorization of Appropriation.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2010 and each of the 5 succeeding fiscal years.

Establishing Grants for College Access and Completion Act of 2009 - Directs the Secretary of Education to award competitive five-year grants to certain nonprofit organizations for the provision of mentoring, support, outreach, and other services that encourage disadvantaged students to attend institutions of higher education. Prohibits a grant from covering more than 85% of the cost of the services the grant supports. Requires nonprofit applicants to have met certain requirements, including that they have provided scholarship and support programs to students in more than one state, and have a business plan in place to expand into other states.

To establish the Grants for College Access and Completion Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Combating the Financing of Transnational Criminal Organizations Act''. SEC. 2. NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary of the Treasury, shall, in consultation with the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, the Secretary of Defense, the Director of the Financial Crimes Enforcement Network, the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Commissioner of Customs and Border Protection, the Director of the Office of National Drug Control Policy, and the Federal functional regulators, develop a national strategy to combat the financial networks of transnational organized criminals. (b) Transmittal to Congress.-- (1) In general.--Not later than 1 year after the enactment of this Act, the President shall submit to the appropriate Congressional committees and make available to the relevant government agencies as defined in subsection (a), a comprehensive national strategy in accordance with subsection (a). (2) Updates.--After the initial submission of the national strategy under paragraph (1), the President shall, not less often than every 2 years, update the national strategy and submit the updated strategy to the appropriate Congressional committees. (c) Separate Presentation of Classified Material.--Any part of the national strategy that involves information that is properly classified under criteria established by the President shall be submitted to Congress separately in a classified annex and, if requested by the chairman or ranking member of one of the appropriate Congressional committees, as a briefing at an appropriate level of security. SEC. 3. CONTENTS OF NATIONAL STRATEGY. The national strategy described in section 2 shall contain the following: (1) Threats.--An identification and assessment of the most significant current transnational organized crime threats posed to the national security of the United States or to the U.S. and international financial system, including drug and human trafficking organizations, cyber criminals, kleptocrats, and other relevant state and non-state entities, including those threats identified in the President's ``Strategy to Combat Transnational Organized Crime'' (published July 2011). (2) Illicit finance.--(A) An identification of individuals, entities, and networks (including terrorist organizations, if any) that provide financial support or financial facilitation to transnational organized crime groups, and an assessment of the scope and role of those providing financial support to transnational organized crime groups. (B) An assessment of methods by which transnational organized crime groups launder illicit proceeds, including money laundering using real estate and other tangible goods such as art and antiquities, trade-based money laundering, bulk cash smuggling, exploitation of shell companies, and misuse of digital currencies and other cyber technologies, as well as an assessment of the risk to the financial system of the United States of such methods. (3) Goals, objectives, priorities, and actions.--(A) A comprehensive, research-based discussion of short-term and long-term goals, objectives, priorities, and actions, listed for each department and agency described under section 2(a), for combating the financing of transnational organized crime groups and their facilitators. (B) A description of how the strategy is integrated into, and supports, the national security strategy, drug control strategy, and counterterrorism strategy of the United States. (4) Reviews and proposed changes.--A review of current efforts to combat the financing or financial facilitation of transnational organized crime, including efforts to detect, deter, disrupt, and prosecute transnational organized crime groups and their supporters, and, if appropriate, proposed changes to any law or regulation determined to be appropriate to ensure that the United States pursues coordinated and effective efforts within the jurisdiction of the United States, including efforts or actions that are being taken or can be taken by financial institutions, efforts in cooperation with international partners of the United States, and efforts that build partnerships and global capacity to combat transnational organized crime. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate. (2) Federal functional regulator.--The term ``Federal functional regulator'' has the meaning given that term in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809). (3) Transnational organized crime.--The term ``transnational organized crime'' refers to those self- perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, monetary or commercial gains, wholly or in part by illegal means, while-- (A) protecting their activities through a pattern of corruption or violence; or (B) while protecting their illegal activities through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms. Passed the House of Representatives March 6, 2018. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on February 13, 2018. National Strategy for Combating the Financing of Transnational Criminal Organizations Act (Sec. 2) This bill directs the Department of the Treasury, in consultation with various U.S. agencies and departments, to develop a national strategy to combat the financial networks of transnational organized criminals. Treasury must submit to Congress and regularly update the national strategy. (Sec. 3) The national strategy must: identify and assess the most significant transnational organized crime threats; identify the individuals, entities, and networks that financially support or facilitate transnational organized criminals and assess the scope of such support; assess the methods by which transnational organized crime groups launder illicit proceeds; describe the roles of U.S. agencies and departments to combat the financing and financial facilitation of transnational organized crime groups; and review current efforts and proposed changes to combat the financing or financial facilitation of transnational organized crime.

National Strategy for Combating the Financing of Transnational Criminal Organizations Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coin Modernization and Taxpayer Savings Act of 2008''. SEC. 2. FINDINGS. The Congress finds as follows: (1) International demand along with market speculation for commodity metals has, over the past several years, increased the cost of producing circulating coins in the United States. (2) In a July 30, 2007, letter to the Congress, the Secretary of the Treasury, with support of the Administration's Office of Management and Budget, requested that legislation be put forward to authorize the Secretary of the Treasury to make changes to the composition of circulating coins. (3) The United States Mint has studied alternative metals for use in circulating coins, as noticed in its 2004 annual report. (4) In 1943, the United States Mint produced zinc-coated steel pennies in response to war-time demands for copper. (5) The United States Mint gained further experience changing the metal content of pennies in 1982, when it began producing copper-coated zinc pennies as a result of rising copper prices. (6) The Royal Canadian Mint has produced for several years a copper-coated steel 1-cent coin that is similar to the United States penny at a significantly lower cost than the cost to produce the United States penny. (7) Given the current cost to make a penny and volume of pennies minted, by simply reducing penny production costs to face value, the United States will save more than $500,000,000 in the next 10 years alone. (8) Reducing the cost to produce a nickel to face value will save the United States an additional $60,000,000 per year. (9) Commodity metal prices are often cyclical in nature, and can be inflated by speculation, so it is important that a solid trend in the rising price of a commodity metal be established before any change in the metal content of a coin is made. SEC. 3. IMMEDIATE REDUCTION IN THE COST OF PRODUCING 1-CENT COINS THROUGH THE USE OF STEEL PENNIES. Subsection (c) of section 5112 of title 31, United States Code, is amended to read as follows: ``(c) Composition of 1-Cent and 5-Cent Coins.-- ``(1) 1-cent coin.-- ``(A) In general.--Subject to paragraph (2), beginning 270 days after the date of the enactment of the Coin Modernization and Taxpayer Savings Act of 2008, the 1-cent coin shall-- ``(i) be produced primarily of steel; and ``(ii) meet such other specifications as the Secretary may determine to be appropriate, including any change in the weight from that specified in subsection (a)(6). ``(B) Treatment.--The 1-cent coin shall be treated to impart a copper color to the appearance of the coins so that the appearance is similar to 1-cent coins produced of a copper-zinc alloy. ``(C) Exception for lincoln bicentennial numismatic pennies.--No provision of this paragraph shall apply with respect to 1-cent coins described in section 304 of the Presidential $1 Coin Act of 2005 that are issued for numismatic purposes. ``(2) Alternative 1-cent coin composition.-- ``(A) In general.--If, before the end of the 90-day period beginning on the date of the enactment of the Coin Modernization and Taxpayer Savings Act of 2008, the Secretary determines that, with the addition of any other element to any alloy of zinc and copper of which 1-cent coins could have been composed as of the day before such date of enactment, there is a way-- ``(i) to produce 1-cent coins of the same diameter, general composition, and general weight as 1-cent coins produced in accordance with this subsection as of the day before such date of enactment; and ``(ii) to achieve the goals of paragraph (1) by reducing the unit cost to produce the 1- cent coin to less than 1 cent while retaining such coin's ease of use and ensuring ease of co-circulation with 1-cent coins of the diameter and weight already circulating as of such date of enactment for ordinary commerce, the Secretary may add any such element and continue production of 1-cent coins of the same diameter, general composition, and general weight as 1-cent coins produced in accordance with this subsection as of the day before such date of enactment instead of complying with paragraph (1). ``(B) Effective period.--This paragraph shall only apply if the change to the new composition and the subsequent drop in the production cost of the 1-cent coin referred to in subparagraph (A) can be achieved before the end of the 270-day period referred to in paragraph (1). ``(C) Report to the congress.--Any determination and action by the Secretary under subparagraph (A) shall be promptly reported to the Congress.''. SEC. 4. AUTHORITY TO CHANGE METALLIC CONTENT OF 5-CENT COINS TO LESS COSTLY ALTERNATIVE. (a) In General.--Subsection (c) of section 5112 of title 31, United States Code, (as amended by section 3) is amended by adding at the end the following new paragraph: ``(3) 5-cent coin.-- ``(A) In general.--After the end of the 2-year period beginning on the date of the enactment of the Coin Modernization and Taxpayer Savings Act of 2008, the Secretary shall produce no 5-cent coin that is not primarily made of steel with a coating of nickel, that can co-circulate with the existing supply of 5-cent coins and work interchangeably in coin handling machines, except that-- ``(i) the Secretary shall make no change to the content of the existing 5-cent coin if at that point the unit cost of production of such coins is lower than the face value of the coin; and ``(ii) if the report issued by the Secretary pursuant to section 6 indicates that a different metallic content of circulating 5- cent coins is both functional and interchangeable, and more economical to produce in both the short and long term, the Secretary shall propose such content to the Congress in the form of a legislative recommendation. ``(B) Factors to be considered.--In prescribing the weight and the composition of the 5-cent coin, the Secretary shall consider-- ``(i) factors relevant to the potential impact of any revisions to the weight and composition of the material on the current coin suppliers; ``(ii) factors relevant to the acceptability of new coinage materials, including the effect on vending machines and commercial coin processing equipment and making certain, to the greatest extent practicable, that any new coins work without interruption in existing coin acceptance equipment without modification; and ``(iii) such other factors that the Secretary, in consultation with merchants who would be affected by any change in the weight and composition of the 5-cent coin, vending machine and other coin acceptor manufacturers, vending machine owners and operators, transit officials, municipal parking officials, depository institutions, coin and currency handlers, armored-car operators, car wash operators, and American-owned manufacturers of commercial coin processing equipment, considers to be appropriate and in the public interest, after notice and opportunity for comment. ``(C) Comment and selection process.--In making any determination with respect to any change in the weight and composition of the 5-cent coin, the Secretary shall enter into a formal rulemaking process that includes a hearing on a record in addition to the publication of notice and opportunity for comment.''. (b) Technical and Conforming Amendment.--Section 5112(a)(5) of title 31, United States Code, is amended by striking ``and weighs 5 grams''. SEC. 5. AUTHORITY TO CONDUCT RESEARCH AND DEVELOPMENT ON ALL CIRCULATING COINS. To accomplish the goals of this Act, the Secretary may conduct any appropriate testing within or without the Department of the Treasury, and may solicit input from or otherwise work in conjunction with entities within or without the Federal government including independent research facilities or current or potential suppliers of the material used in volume production of circulating coins, to complete the report referred to in this Act and to develop, evaluate or begin the use of new metallic material for such production. SEC. 6. BIENNIAL REPORT TO CONGRESS ON CURRENT STATUS OF COIN PRODUCTION COSTS AND ANALYSIS OF ALTERNATIVE CONTENT REQUIRED. (a) Biennial Report Required.--Before the end of the 270-day period beginning on enactment of this Act, and at 2-year intervals following the initial report, the Secretary of the Treasury shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate analyzing production costs for each circulating coin, cost trends, and possible new metallic materials or technologies for the production of circulating coins. (b) Detailed Recommendations.--The reports required under this section shall contain detailed recommendations for any appropriate changes to the metallic content of circulating coins in such a form that the recommendations could be enacted into law as appropriate. (c) Improved Production Efficiency.--The reports required under this section shall include recommendations for changes in the methods of producing coins at the United States Mint that would further reduce the costs to produce circulating coins, and include notes on any legislative changes that might be necessary to achieve such goals. (d) Minimizing Conversion Costs.--The reports required under this section shall-- (1) include no recommendation for new specifications for producing a circulating coin that would require significant change to coin-accepting and coin-handling equipment to accommodate changes to all circulating coins simultaneously, except for any potential change to the 5-cent coin as authorized under section 4; and (2) to the greatest extent possible, recommend specifications that, while consistent with other portions of this section and the amendments made by this Act, require no changes to coin-accepting or coin-handling equipment whatsoever to accommodate both coins produced with the new specifications and coins produced as of July 31, 2007. (e) Fraud Prevention.--The reports required under this section shall make no recommendation for a specification change that would facilitate or allow the use of a coin with a lesser value produced by another country, or the use of any token or other easily or regularly produced metal device of minimal value, in the place of a circulating coin produced by the Secretary. Passed the House of Representatives May 8, 2008. Attest: LORRAINE C. MILLER, Clerk.

Coin Modernization and Taxpayer Savings Act of 2008 - Requires the one-cent coin (except for Lincoln Bicentennial Numismatic Pennies) to be produced primarily of steel and treated to impart a copper color to its appearance similar to one-cent coins produced of a copper-zinc alloy. Authorizes the Secretary of the Treasury, in the alternative, during the 90 days following enactment of this Act, to add any other element to any alloy of zinc and copper of which one-cent coins could have been composed before enactment of this Act, if during such 90-day period another element is determined to help produce one-cent coins of the same diameter, general composition, and general weight, but at a lower unit cost. Requires a prompt report to Congress if such a determination is made. Directs the Secretary, two years after enactment of this Act, to produce only five-cent coins primarily made of steel with a coating of nickel, unless by that time the unit cost of production of existing five-cent coins is lower than their face value. Requires the Secretary, however, to recommend a different metallic content of circulating five-cent coins if any biennial report to Congress, required by this Act, indicates that such a different metallic content is both functional and interchangeable with existing coins, and more economical to produce in both the short and long term. Authorizes the Secretary, in order to accomplish the goals of this Act, to research, develop, evaluate or begin to use new metallic material for circulating coin production. Requires the Secretary to report biennially to specified congressional committees on the production costs for each circulating coin, cost trends, and possible new metallic materials or technologies for the production of circulating coins, with detailed recommendations for any appropriate changes to the metallic content of circulating coins.

To reduce the costs of producing 1-cent and 5-cent coins, provide authority to the Secretary of the Treasury to perform research and development on new metallic content for circulating coins, and to require biennial reports to Congress on circulating coin production costs and possible alternative metallic content.

OF CERTAIN CLAIMS AGAINST IRAQ. (a) Resolution by Iraq of Certain Claims.-- (1) In general.--Unless the President, before the end of the 90-day period beginning on the date described in paragraph (2)(A), certifies to the Congress that the Government of Iraq has adequately settled the claims in the cases referred to in subsection (b), then, upon the expiration of that 90-day period, the waiver authority granted to the President in section 1083(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 343), and any waiver granted before the end of that 90-day period under such authority, shall terminate. (2) Date described.-- (A) In general.--The date described in this paragraph is-- (i) 30 days after the date of the enactment of this Act, unless the President has certified to the Congress, before the end of that 30-day period, that-- (I) the Government of Iraq has not, before, on, or after the enactment of this Act, compensated any foreign persons or entities for claims or liabilities incurred by or under the control of the Saddam Hussein regime, including, but not limited to, commercial or financial claims, and claims for acts against individuals similar to those described in section 1605A(a)(1) of title 28, United States Code; or (II) negotiations are ongoing with the Government of Iraq to settle the claims in the cases referred to in subsection (b), and the President believes that those negotiations are being conducted in good faith and could lead to a satisfactory settlement of those claims; or (ii) if a certification is made under clause (i), the day after the date on which that certification terminates or, if a subsequent certification is in effect under subparagraph (B), the day after the date on which the last such certification terminates. (B) Duration of certifications.--A certification under subclause (I) or (II) of subparagraph (A)(i) terminates 180 days after it is made. The President may make subsequent certifications under subclause (I) or (II) of subparagraph (A)(i) for periods of not more than 180 days each. (b) Cases.--The cases referred to in subsection (a)(1) are cases numbered 99:00CV03346 (TPJ), 1:01CV02674 (HHK), CIV.A. 02-632 (RWR) (July 7, 2003), 1:03CV00691 (HHK), and 1:03CV00888 (HHK), in the United States District Court for the District of Columbia. (c) Adequate Settlement.--For purposes of subsection (a)(1), adequate settlement means payment by the Government of Iraq of, or an unqualified and unconditional guarantee made by a United States depository institution to pay within 30 days after the end of the 90- day period described in subsection (a)(1), at least the following amounts to the following persons: (1) To any person-- (A) whose claim in the applicable case referred to in subsection (b) arose from an act of hostage taking or from being held in hostage status, and (B) who has not obtained a judgment on the claim before the date of the enactment of this Act, $150,000, plus $6,000 for each day the person was held as a hostage, but in no event more than $900,000. (2) To any person-- (A) whose claim in the applicable case referred to in subsection (b) arose from an act of hostage taking or from being held in hostage status, (B) who, while a hostage, was subjected to torture, and (C) who has not obtained a judgment on the claim before the date of the enactment of this Act, $2,500,000, plus $6,000 for each day the person was held as a hostage. (3) To a plaintiff in the applicable case referred to in subsection (b) who is the spouse or child of any person who qualifies for receipt of payment under paragraph (1) or (2), one third of the amount that such person qualifies for receipt under such paragraph. (4) To any person who, before the date of the enactment of this Act, obtained a judgment for compensatory damages in a case referred to in subsection (b) (regardless of whether such judgment was subsequently vacated)-- (A) payment of the unsatisfied amount of such judgment, in an amount that is the lesser of $1,000,000 or the unsatisfied amount of the award; and (B) if the amount of the judgment exceeds $1,000,000, one third of the unsatisfied amount of such excess. (d) Additional Condition in Case of Guarantee of Payment.--If the claims in the cases referred to in subsection (b) are adequately settled for purposes of subsection (a)(1) because of a guarantee of payment by a depository institution within the 30-day period specified in subsection (c), and such payment is not made within that 30-day period, then upon the expiration of that 30-day period, the waiver authority described in subsection (a)(1), and any waiver granted before the end of that 30-day period under such authority, shall terminate. (e) Definitions.--In this section: (1) Foreign person or entity.--The term ``foreign person or entity'' means-- (A) an individual other than a national of the United States; and (B) a person or entity, other than an individual, that is organized under the laws of a country other than the United States. (2) Hostage.--The term ``hostage'' means an individual in hostage status or an individual seized or detained in the commission of an act of hostage taking. (3) Hostage status.--The term ``hostage status'' has the meaning given that term in section 599C(d)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513). (4) Hostage taking.--The term ``hostage taking'' has the meaning given that term in section 1605A(h)(2) of title 28, United States Code. (5) National of the united states.--The term ``national of the United States'' has the meaning given that term in section 1605A(h)(5) of title 28, United States Code. (6) Torture.--The term ``torture'' has the meaning given that term in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note). (7) United states.--The term ``United States'' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (8) United states depository institution.--The term ``United States depository institution'' means a depository institution organized under the laws of any State, the District of Columbia, or the United States, including a branch or agency of a foreign depository institution. SEC. 4. LIMITATION ON CERTAIN CLAIMS. No funds of the United States Government may be used to pay any claim-- (1) that is cognizable under section 1605A of title 28, United States Code, as added by section 1083 of the National Defense Authorization Act for Fiscal Year 2008, for money damages against Iraq for personal injury or death that was caused by acts committed by an official, officer, or employee of the Iraqi Government under Saddam Hussein; and (2) with respect to which the waiver authority under section 1083(d) of the National Defense Authorization Act for Fiscal Year 2008 has been or may be exercised. Passed the House of Representatives September 15, 2008. Attest: LORRAINE C. MILLER, Clerk.

Justice for Victims of Torture and Terrorism Act - Terminates the authority of the President to grant the government of Iraq immunity from actions by victims of terrorism seeking compensation for injuries caused by officials, employees, or agents of the government of Iraq during the 1991 Gulf War when such government was classified as a state sponsor of terrorism, unless the President certifies to Congress that Iraq has adequately settled specified claims of U.S. soldiers and civilians held in Iraq as POWs and hostages and subject to state-sponsored torture and terrorism. Provides an exception to the termination of such authority if the President certifies that: (1) Iraq has not compensated any foreign persons or entities for claims or liabilities incurred by or under the control of the Saddam Hussein regime, including commercial or financial claims and claims for acts against individuals similar to those described above; or (2) negotiations are ongoing with Iraq to settle the American claims, and the President believes that those negotiations are being conducted in good faith and could lead to a satisfactory settlement. Limits the latter certification period to 180 days (with authorized renewals by the President). Defines various adequate settlement amounts, depending on the victim, length of torture or detainment, etc. Prohibits the use of any U.S. funds to pay any claim covered under this Act.

A bill to terminate the authority of the President to waive, with regard to Iraq, certain provisions under the National Defense Authorization Act for Fiscal Year 2008 unless certain conditions are met.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Antibiotics for Medical Treatment Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) All uses of antibiotics, including for food-producing animals, have the potential to cause resistance and contribute to the development of antibiotic-resistant bacterial infections in people. (2) In 1977, the Food and Drug Administration (FDA) concluded that feeding livestock low doses of antibiotics used in human disease treatment could promote the development of antibiotic resistance in bacteria. However, the Food and Drug Administration did not act in response to these findings, despite laws requiring the agency to do so. (3) In 2012, the Food and Drug Administration Guidance for Industry #209 provided a summary of over 40 years of peer- reviewed scientific literature regarding use of antimicrobial drugs in livestock which reiterated that the use of antibiotics in animals contributes to the resistance in human pathogens and concludes that strategies for controlling antibiotic resistance, including limiting medically important antimicrobial drugs in food-producing animals only to uses that are considered necessary for assuring animal health are needed. (4) The 2014 President's Council of Advisors on Science and Technology Report to the President on Combating Antibiotic- Resistant Bacteria also concludes that substantial evidence exists that the use of antibiotics in food animals promotes the development and spread of antibiotic resistance in bacteria that can spread to people and that it is clear that agricultural use of antibiotics can affect human health. (5) Recently published scientific studies have shown that food-producing animals, and animal production facilities, are a source of antibiotic-resistant bacteria which have infected humans and present an increased risk of acquiring and antibiotics resistant infection. (6) Antibiotic resistance is a crisis which threatens public health, the economy, and national security. (7) In 2013, the Centers for Disease Control and Prevention estimated that antibiotic-resistant infections cause at least 2 million infections, 23,000 deaths, 8 million additional hospital days, and $20 to $35 billion in excess direct health care costs each year in the United States. (8) The 2014 World Health Organization report, ``Antimicrobial Resistance: Global Report on Surveillance 2014'', concluded that antimicrobial resistance is a current reality and the problem is so serious that it threatens the achievements of modern medicine. (9) Without effective antibiotics-- (A) common infections could become untreatable-- even fatal; and (B) medical advances such as joint replacements, Cesarean sections, organ transplants and chemotherapy could become nonviable. (10) Antibiotic resistance, resulting in a reduced number of effective antibiotics, may significantly impair the ability of the United States to respond to terrorist attacks involving bacterial infections, such as anthrax and smallpox, or to an event resulting in a large influx of hospitalized patients. (11) In 2011, the Food and Drug Administration determined that-- (A) 13.5 million kilograms of antibacterial drugs were sold for use on food animals in the United States in 2010; (B) 3.3 million kilograms of antibacterial drugs were used for human health in 2010; and (C) therefore, 80 percent of antibacterial drugs disseminated in the United States in 2010 were sold for use on food animals, rather than being used for human health. (12) The ``FDA Annual Summary Report on Antimicrobials Sold or Distributed in 2012 for Use in Food-Producing Animals'' showed that the use of medically important antibiotics in food- producing animals increased 16 percent from 2009 to 2012. (13)(A) In 2003, the Food and Drug Administration modified the drug approval process for antibiotics to recognize the development of resistant bacteria as an important aspect of safety, but most antibiotics currently used in animal production systems for nontherapeutic purposes were approved before the Food and Drug Administration began considering resistance during the drug-approval process. (B) The Food and Drug Administration has not established a schedule for reviewing those existing approvals. (14) A stated goal of FDA Guidance documents 209 and 213 is a reduction in the overall consumption of antibiotics. The FDA policy continues to allow the use of antibiotics for routine disease prevention without requiring evidence of the presence of a specific disease or requiring the mitigation of conditions which elevate disease risk. (15) There is inadequate distinction between usage for disease prevention and production purposes, such as growth promotion, on FDA approved drug labels. A 2014 analysis of the approved animal drugs affected by Guidance 213 by the Pew Charitable Trusts found that numerous approved drug labels contained overlapping indications for growth-promotion and disease prevention. (16) The European Union (EU) banned the use of antibiotics for growth promotion in 2006, a full decade before the FDA's voluntary approach will go into effect. (17) Since the EU ban, antibiotic usage has decreased without affecting livestock production. (18) In 2010, the Danish Veterinary and Food Administration testified that the Danish ban of the nontherapeutic use of antibiotics in food-animal production resulted in a marked reduction in antimicrobial resistance in multiple bacterial species, including Campylobacter and Enterococci. (19) The experience in the Netherlands has shown that during the phaseout use indications for growth promotion were completely supplanted by disease prevention. Total antibiotic consumption remained constant. After the implementation of mandatory reduction targets and improved surveillance of usage practices antibiotic consumption declined ahead of target without impacting production levels. (20) In 2009, the Congressional Research Service concluded that without restrictions on the use of antimicrobial drugs in the production of livestock, export markets for livestock and poultry could be negatively impacted due to restrictions on the use of antibiotics in other nations. (21) The American Medical Association, the Infectious Disease Society of America, the American Public Health Association, the National Association of County and City Health Officials, and the National Sustainable Agriculture Coalition are among the over 400 organizations representing health, consumer, agricultural, environmental, humane, and other interests that have supported enactment of legislation to phaseout nontherapeutic use in farm animals of medically important antimicrobials. SEC. 3. PURPOSE. The purpose of this Act is to preserve the effectiveness of medically important antimicrobials used in the treatment of human and animal diseases. SEC. 4. PROOF OF SAFETY OF MEDICALLY IMPORTANT ANTIMICROBIALS. (a) Applications Pending or Submitted After Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is amended-- (1) in the first sentence-- (A) in subparagraph (H), by striking ``or'' at the end; (B) in subparagraph (I), by inserting ``or'' at the end; and (C) by inserting after subparagraph (I) the following: ``(J) with respect to a medically important antimicrobial (as defined in subsection (q)), the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use (as defined in subsection (q)) of the medically important antimicrobial or drug;''; and (2) in the second sentence, by striking ``(A) through (I)'' and inserting ``(A) through (J)''. (b) Phased Elimination of Nontherapeutic Use in Animals of Medically Important Antimicrobials.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following: ``(q) Phased Elimination of Nontherapeutic Use in Animals of Medically Important Antimicrobials.-- ``(1) Applicability.--This paragraph applies to the nontherapeutic use in a food-producing animal of a drug-- ``(A) that is a medically important antimicrobial; or ``(B)(i) for which there is in effect an approval of an application or an exemption under subsection (b), (i), or (j) of section 505; or ``(ii) that is otherwise marketed for human use. ``(2) Withdrawal.--The Secretary shall withdraw the approval of a nontherapeutic use in food-producing animals of a drug described in paragraph (1) on the date that is 2 years after the date of enactment of this subsection unless-- ``(A) before the date that is 2 years after the date of the enactment of this subsection, the Secretary makes a final written determination that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug; or ``(B) before the date specified in subparagraph (A), the Secretary makes a final written determination under this subsection, with respect to a risk analysis of the drug conducted by the Secretary and other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug. ``(3) Exemptions.--Except as provided in paragraph (5), if the Secretary grants an exemption under section 505(i) for a drug that is a medically important antimicrobial, the Secretary shall rescind each approval of a nontherapeutic use in a food- producing animal of the medically important antimicrobial as of the date that is 2 years after the date on which the Secretary grants the exemption. ``(4) Approvals.--Except as provided in paragraph (5), if an application for a drug that is a medically important antimicrobial is submitted to the Secretary under section 505(b), the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the medically important antimicrobial as of the date that is 2 years after the date on which the application is submitted to the Secretary. ``(5) Exceptions.--Paragraph (3) or (4), as the case may be, shall not apply if-- ``(A) before the date on which approval would be rescinded under that paragraph, the Secretary makes a final written determination that the holder of the application for the approved nontherapeutic use has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use in the food- producing animal of the medically important antimicrobial; or ``(B) before the date specified in subparagraph (A), the Secretary makes a final written determination, with respect to a risk analysis of the medically important antimicrobial conducted by the Secretary and any other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the medically important antimicrobial. ``(6) Definition.--In this subsection: ``(A) The term `medically important antimicrobial' means a drug that-- ``(i) is intended for use in food-producing animals; and ``(ii) is composed wholly or partly of-- ``(I) any kind of penicillin, tetracycline, macrolide, lincosamide, streptogramin, aminoglycoside, sulfonamide, or cephalosporin; or ``(II) a drug from an antimicrobial class that is listed as `highly important', `critically important', or `important' by the World Health Organization in the latest edition of its publication entitled `Critically Important Antimicrobials for Human Medicine' (or a successor publication). ``(B) The term `therapeutic use', with respect to a medically important antimicrobial, means the use of antimicrobials for the specific purpose of treating an animal with a documented disease or infection. Such term does not include the continued use of such an antimicrobial in the animal after the disease or infection is resolved. ``(C) The term `nontherapeutic use'-- ``(i) means administration of antibiotics to an animal through feed and water (or, in poultry hatcheries, through any means) for purposes (such as growth promotion, feed efficiency, weight gain, or disease prevention) other than therapeutic use or nonroutine disease control; and ``(ii) includes any repeated or regular pattern of use of medically important antimicrobials for purposes other than therapeutic use or nonroutine disease control. ``(D) The term `noncustomary situation' does not include normal or standard practice and conditions on the premises that facilitate the transmission of disease. ``(E) The term `nonroutine disease control' means the use of antibiotics on an animal that is not sick but where it can be shown that a particular disease or infection is present, or is likely to occur because of a specific, noncustomary situation, on the premises at the barn, house, pen, or other level at which the animal is kept.''. SEC. 5. LIMITATIONS ON USE OF MEDICALLY IMPORTANT ANTIMICROBIALS FOR NONROUTINE DISEASE CONTROL. (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(ccc) The administration of a medically important antimicrobial to a food-producing animal for nonroutine disease control in violation of the requirements of section 512A.''. (b) Requirements.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 512 of such Act (21 U.S.C. 360b) the following: ``SEC. 512A. LIMITATIONS ON USE OF MEDICALLY IMPORTANT ANTIMICROBIALS FOR NONROUTINE DISEASE CONTROL. ``(a) Prohibition.--It shall be unlawful to administer (including by means of animal feed) a medically important antimicrobial to a food- producing animal for nonroutine disease control unless-- ``(1) there is a significant risk that a disease or infection present on the premises will be transmitted to the food-producing animal; ``(2) the administration of the medically important antimicrobial to the food-producing animal is necessary to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1); ``(3) the medically important antimicrobial is administered to the food-producing animal for nonroutine disease control for the shortest duration possible to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1) to the animal; and ``(4) the medically important antimicrobial is administered-- ``(A) at a scale no greater than the barn, house, or pen level; and ``(B) to the fewest animals possible to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1). ``(b) Definitions.--In this section: ``(1) The term `food-producing animal' means a food- producing animal intended for sale in interstate commerce. ``(2) The terms `medically important antimicrobial' and `nonroutine disease control' have the meanings given to such terms in section 512(q).''. (c) Applicability.--The amendments made by this section apply beginning on the date that is 6 months after the date of the enactment of this Act.

Preservation of Antibiotics for Medical Treatment Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require an applicant for approval of a new animal drug that is a medically important antimicrobial to demonstrate that there is a reasonable certainty of no harm to human health from antimicrobial resistance attributable to the nontherapeutic use of the drug. Medically important antimicrobials are drugs intended for use in food-producing animals that contain: (1) specified antibiotics, or (2) certain drugs on the World Health Organization’s list of critically important antimicrobials. Two years after enactment of this Act, the Food and Drug Administration (FDA) must withdraw approval of a drug's nontherapeutic use in food-producing animals unless the FDA makes a determination that, based on the application holder's demonstration or an FDA risk analysis, there is a reasonable certainty of no harm to human health from antimicrobial resistance attributable to nontherapeutic use. The FDA must rescind an exemption for investigational use of, or approval of a new drug application for, a medically important antimicrobial for its nontherapeutic use in food-producing animals two years after the exemption is granted or the application for approval is submitted unless there is a reasonable certainty of no harm to human health from antimicrobial resistance attributable to nontherapeutic use. A medically important antimicrobial cannot be administered (including through animal feed) to a food-producing animal for disease control unless there is a significant risk that a disease or infection present on the premises will be transmitted to the animal.

Preservation of Antibiotics for Medical Treatment Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Energy Infrastructure Act''. SEC. 2. DEFINITIONS. In this Act: (1) Covered entity.--The term ``covered entity'' means an entity identified pursuant to section 9(a) of Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security. (2) Exploit.--The term ``exploit'' means a software tool designed to take advantage of a security vulnerability. (3) Industrial control system.-- (A) In general.--The term ``industrial control system'' means an operational technology used to measure, control, or manage industrial functions. (B) Inclusions.--The term ``industrial control system'' includes supervisory control and data acquisition systems, distributed control systems, and programmable logic or embedded controllers. (4) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (5) Program.--The term ``Program'' means the pilot program established under section 3. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Security vulnerability.--The term ``security vulnerability'' means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control. SEC. 3. PILOT PROGRAM FOR SECURING ENERGY INFRASTRUCTURE. Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a 2-year control systems implementation pilot program within the National Laboratories for the purposes of-- (1) studying the covered entities in the energy sector that voluntarily participate in the Program to identify new classes of security vulnerabilities of the covered entities; and (2) researching, developing, testing, and implementing technology platforms and standards to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities, including-- (A) analog and nondigital control systems; (B) purpose-built control systems; and (C) physical controls. SEC. 4. WORKING GROUP. (a) Establishment.--The Secretary shall establish a working group-- (1) to evaluate the technology platforms and standards used in the Program under section 3(2); and (2) to develop a national cyber-informed engineering strategy to isolate and defend covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities. (b) Membership.--The working group established under subsection (a) shall be composed of not fewer than 10 members, to be appointed by the Secretary, at least 1 member of which shall represent each of the following: (1) The Department of Energy. (2) The energy industry, including electric utilities and manufacturers recommended by the Energy Sector coordinating councils. (3)(A) The Department of Homeland Security; or (B) the Industrial Control Systems Cyber Emergency Response Team. (4) The North American Electric Reliability Corporation. (5) The Nuclear Regulatory Commission. (6)(A) The Office of the Director of National Intelligence; or (B) the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)). (7)(A) The Department of Defense; or (B) the Assistant Secretary of Defense for Homeland Security and America's Security Affairs. (8) A State or regional energy agency. (9) A national research body or academic institution. (10) The National Laboratories. SEC. 5. REPORT. Not later than 2 years after the date on which funds are first disbursed under the Program, the Secretary shall submit to the appropriate committees of Congress a final report that-- (1) describes the results of the Program; (2) includes an analysis of the feasibility of each method studied under the Program; and (3) describes the results of the evaluations conducted by the working group established under section 4(a). SEC. 6. NO NEW REGULATORY AUTHORITY. Nothing in this Act authorizes the Secretary or the head of any other Federal agency to issue new regulations. SEC. 7. EXEMPTION FROM DISCLOSURE. Information shared by or with the Federal Government or a State, tribal, or local government under this Act shall be-- (1) deemed to be voluntarily shared information; and (2) exempt from disclosure under any provision of Federal, State, tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records. SEC. 8. PROTECTION FROM LIABILITY. (a) In General.--A cause of action against a covered entity for engaging in the voluntary activities authorized under section 3-- (1) shall not lie or be maintained in any court; and (2) shall be promptly dismissed by the applicable court. (b) Voluntary Activities.--Nothing in this Act subjects any covered entity to liability for not engaging in the voluntary activities authorized under section 3. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Pilot Program.--There is authorized to be appropriated $10,000,000 to carry out section 3. (b) Working Group and Report.--There is authorized to be appropriated $1,500,000 to carry out sections 4 and 5. (c) Availability.--Amounts made available under subsections (a) and (b) shall remain available until expended.

Securing Energy Infrastructure Act This bill establishes a two-year pilot program within the Department of Energy's (DOE)national laboratories to identify thesecurity vulnerabilities of certain entities in the energy sector, and research and test technology that can be used to isolate the most critical systems of such entities from cyber-attacks. In addition,DOE must establish a working group to evaluate the technology solutions proposed by the national laboratories and to develop a national cyber strategy to isolate the energy grid from attacks. DOE must also submit a report to Congress describing the results of the pilot program, assessing the feasibility of the techniques considered, and outlining the results of the working group's evaluation.

Securing Energy Infrastructure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Preventive Care Improvement Act of 1999''. SEC. 2. AUTHORITY TO PROVIDE PREVENTIVE SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Preventive Services Benefit.-- (1) In general.--Section 1861(s) of the Social Security Act (42 U.S.C. 1395x(s)) is amended-- (A) by redesignating paragraphs (16) and (17) as paragraphs (17) and (18), respectively; and (B) by inserting after paragraph (15) the following new paragraph: ``(16) qualified preventive services, as defined in subsection (uu);''. (2) Conforming amendments.--Sections 1864(a) 1902(a)(9)(C), and 1915(a)(1)(B)(ii)(I) of such Act (42 U.S.C. 1395aa(a), 1396a(a)(9)(C), and 1396n(a)(1)(B)(ii)(I)) are each amended by striking ``paragraphs (16) and (17)'' each place it appears and inserting ``paragraphs (17) and (18)''. (b) Definition of Preventive Services.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Qualified Preventive Services ``(uu)(1) Subject to paragraph (2), the term `qualified preventive services' means items and services determined by the Secretary to be reasonable and necessary for the prevention or early detection of an illness or disability. ``(2) An item or service described in paragraph (1) shall be qualified as a preventive service if the Secretary determines by authoritative evidence that the provision of such item or service is cost effective. In determining if such an item or service is cost effective, the Secretary shall consider the following: ``(A) Whether furnishing such an item or service for an illness or disability results in reductions in estimated expenditures under the Social Security Act for the illness or disability, or avoids treatment in a more expensive setting. ``(B) Whether the item or service improves the health of the individual for whom the item or service is furnished. ``(C) In the case of an individual entitled to benefits under this title by reason of section 226(b), whether the item or service facilitates the return to work of the individual.''. (c) Exclusion From Coverage Conforming Amendment.--Section 1862(a)(1)(B) of such Act (42 U.S.C. 1395y(a)(1)(B)) is amended by striking ``section 1861(s)(10)'' and inserting ``section 1834(e)(6)''. SEC. 3. PAYMENT FOR PREVENTIVE SERVICES. (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by inserting after subsection (d) the following new subsection: ``(e) Alternative Payment for Preventive Services.-- ``(1) General payment rule.-- ``(A) Qualified preventive services.--The Secretary shall establish by regulation a payment amount for qualified preventive services, as defined in section 1861(uu). ``(B) Other preventive services.--The Secretary may establish by regulation a payment amount for each type of preventive service described in subparagraphs (A) through (H) of paragraph (6). ``(2) Minimum payment amount.--In the case of a preventive service described in paragraph (6) that may be performed as a diagnostic or therapeutic service under this title, the payment amount under this subsection for a service performed as a preventive service may not be less than the payment amount established under this title for such service performed as a diagnostic or therapeutic service. ``(3) Manner of payment.--In the case of a preventive service described in paragraph (6) that may be performed as a diagnostic or therapeutic service under this title, the Secretary shall apply the same method of payment under this subsection for a service performed as a preventive service as the Secretary applies under this title for such service performed as a diagnostic or therapeutic service. ``(4) Authority to waive coinsurance.--Notwithstanding any other provision of this title, in the case of a preventive service described in paragraph (6), the Secretary may waive the imposition of any applicable coinsurance amount with respect to such service. ``(5) Prohibition on balance billing.--The provisions of subparagraphs (A) and (B) of section 1842(b)(18) shall apply to the furnishing of preventive services described in paragraph (6) for which payment is made under this subsection in the same manner as such subparagraphs apply to services furnished by a practitioner described in subparagraph (C) of such section. ``(6) Preventive services described.--For purposes of this subsection, the preventive services described in this paragraph are any of the following services: ``(A) Antigens (under section 1861(s)(2)(G)). ``(B) Prostate cancer screening tests (as defined in section 1861(oo)). ``(C) Colorectal cancer screening tests (as defined in section 1861(pp)). ``(D) Diabetes outpatient self-management training services (as defined in section 1861(qq)). ``(E)(i) Pneumococcal vaccine and its administration and influenza vaccine and its administration (under section 1861(s)(10)(A)). ``(ii) Hepatitis B vaccine and its administration (under section 1861(s)(10)(B)). ``(F) Screening mammography (as defined in section 1861(jj)). ``(G) Screening pap smear and screening pelvic exam (as defined in paragraphs (1) and (2), respectively, of section 1861(nn)). ``(H) Bone mass measurement (as defined in section 1861(rr)). ``(I) Qualified preventive services (as defined in section 1861(uu)).''. (b) Waiver of Deductible.--The first sentence of section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended by striking ``, (5) such deductible'' and all that follows through the period and inserting: ``, and (5) such deductible shall not apply with respect to preventive services (as described in section 1834(e)(6)).''. (c) Conforming Amendments.--(1) Section 1833(a)(1)(B) of such Act (42 U.S.C. 1395l(a)(1)(B)) is amended by inserting ``subject to section 1834(e),'' before ``the amounts paid shall be 100 percent of the reasonable charges for such items and services,''. (2) Section 1833(a)(2)(G) of such Act (42 U.S.C. 1395l(a)(2)(G)) is amended by inserting ``subject to section 1834(e),'' before ``with respect to items and services''. (3) Section 1834(c)(1)(C) of such Act (42 U.S.C. 1395m(c)) is amended by striking ``the amount of the payment'' and inserting ``except as provided by the Secretary under subsection (e), the amount of the payment''. (4) Section 1834(d) of such Act (42 U.S.C. 1395m(d)) is amended-- (A) in paragraph (1)(A), by striking ``The payment amount'' and inserting ``Except as provided by the Secretary under subsection (e), the payment amount''; and (B) in paragraphs (2)(A) and (3)(A), by striking ``payment under section 1848'' each place it appears and inserting ``except as provided by the Secretary under subsection (e), payment under section 1848''. (5) Section 1848(g)(2)(C) of such Act (42 U.S.C. 1395w-4(g)(2)(C)) is amended-- (A) by striking ``For'' and inserting ``(i) Subject to clause (ii), for''; and (B) by adding at the end the following new clause: ``(ii) For physicians' services consisting of preventive services (as described in section 1834(e)(6)) furnished on or after February 1, 2000, the `limiting charge' shall be 100 percent of the recognized payment amount under this part for nonparticipating physicians or for nonparticipating suppliers or other persons.''. (6) Section 1848(g)(2)(D) of such Act (42 U.S.C. 1395w-4(g)(2)(D)) is amended by striking ``the fee schedule amount determined under subsection (a)'' and all that follows and inserting ``the fee schedule amount determined under subsection (a), in the case of preventive services (as described in section 1834(e)(6)) the amount determined by the Secretary under section 1834(e), or, if payment under this part is made on a basis other than the fee schedule under this section or other than the amount established under section 1834(e) with respect to such preventive services, 95 percent of the other payment basis.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act apply to items and services furnished on or after February 1, 2000.

Provides for an alternative payment method for specified preventive services currently covered (including the new qualified preventive services benefit), a method that permits waiver of any applicable co-payments and mandates waiver of any applicable deductibles.

Medicare Preventive Care Improvement Act of 1999

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Agriculture, Education, Health and Human Services, and Transportation for the fiscal year ending September 30, 2005, and for other purposes, namely: TITLE I--DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE salaries and expenses (including transfers of funds) For expenses, not otherwise provided for, necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; and to protect the environment, as authorized by law, $866,361,000, of which $4,119,000 shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds to the extent necessary to meet emergency conditions: Provided, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2005, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. RURAL DEVELOPMENT PROGRAMS Rural Community Advancement Program For the cost of direct loans, loan guarantees, and grants, as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for sections 381E-H and 381N of the Consolidated Farm and Rural Development Act, $963,013,500, to remain available until expended, of which $86,439,000 shall be for rural community programs described in section 381E(d)(1) of such Act; of which $801,594,500 shall be for the rural utilities programs described in sections 381E(d)(2), 306C(a)(2), and 306D of such Act; and of which $74,980,000 shall be for the rural business and cooperative development programs described in sections 381E(d)(3) and 310B(f) of such Act. Rural Housing Service rural housing insurance fund program account (including transfer of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $5,198,275,000 for loans to section 502 borrowers, as determined by the Secretary, of which $2,200,000,000 shall be for direct loans, and of which $2,725,185,000 shall be for unsubsidized guaranteed loans; $35,000,000 for section 504 housing repair loans; $116,545,000 for section 515 rental housing; $100,000,000 for section 538 guaranteed multi-family housing loans; $5,045,000 for section 524 site loans; $11,501,000 for credit sales of acquired property, of which up to $1,501,000 may be for multi-family credit sales; and $5,000,000 for section 523 self-help housing land development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $288,368,000, of which $254,760,000 shall be for direct loans, and of which $33,608,000 to remain available until expended, shall be for unsubsidized guaranteed loans; section 504 housing repair loans, $10,171,000; section 515 rental housing, $54,881,000; section 538 multi-family housing guaranteed loans, $3,490,000; multi-family credit sales of acquired property, $727,000: Provided, That of the total amount appropriated in this paragraph, $7,100,000 shall be available through June 30, 2005, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $465,886,000, which shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. Rural Utilities Service rural telephone bank program account (including transfer of funds) The Rural Telephone Bank is hereby authorized to make such expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out its authorized programs. During fiscal year 2005 and within the resources and authority available, gross obligations for the principal amount of direct loans shall be $173,503,000. In addition, for administrative expenses, including audits, necessary to carry out the loan programs, $3,328,000, which shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. distance learning, telemedicine, and broadband program For the principal amount of direct distance learning and telemedicine loans, $300,000,000; and for the principal amount of direct broadband telecommunication loans, $675,917,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000, to remain available until expended. For the cost of telemedicine and distance learning services loans in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $4,260,000, to remain available until expended. For the cost of broadband loans, as authorized by 7 U.S.C. 901 et seq., $17,229,000: Provided further, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, $18,000,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa. TITLE II--DEPARTMENT OF EDUCATION SCHOOL IMPROVEMENT PROGRAMS rural education achievement program For carrying out rural education activities authorized by part B of title VI of the Elementary and Secondary Education Act of 1965, $300,000,000, which shall become available on July 1, 2005, and remain available through September 30, 2006, for academic year 2005-2006. TITLE III--DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration health resources and services programs of special importance to rural america For carrying out sections 330, 330A, 330I, 330J, 331 through 338I, 338J, 340, 340G, 747, 750, 751, 752, 754, 757, and 846 of the Public Health Service Act, sections 711 and 1820 of the Social Security Act, and the Rural Access to Emergency Devices Act, $2,547,066,000, all of which shall be derived from general revenues notwithstanding section 1820(j) of the Social Security Act. TITLE IV--DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY Payments to Air Carriers (airport and airway trust fund) To carry out the essential air service program under 49 U.S.C. 41731 through 41742, $115,000,000 to be derived from the Airport and Airway Trust Fund and from amounts received by the Federal Aviation Administration credited to the amount established under section 45303 of Title 49, U.S.C., to remain available until expended. TITLE V--OFFSET In the case of taxpayers with adjusted gross income in excess of $1,000,000 for calendar year 2004, the amount of the tax reduction resulting from enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law 108-27) and enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) shall be reduced by 5.1 percent.

Appropriates FY 2005 appropriations to the Department of Agriculture for the: (1) Animal and Plant Health Inspection Service; (2) Rural Community Advancement Program; (3) Rural Housing Service; and (4) Rural Utilities Service (rural telephone bank program account, and distance learning, telemedicine, and broadband program). Appropriates FY 2005 appropriations to the Department of Education for the rural education achievement program. Appropriates FY 2005 appropriations to the Department of Health and Human Services for rural programs of the Health Resources and Services Administration. Appropriates FY 2005 appropriations to the Department of Transportation for air carrier payments. States that for taxpayers with adjusted gross income in excess of $1 million for calendar year 2004 the amount of the tax reduction resulting from enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003 and enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall be reduced by 5.1 percent.

Making appropriations for the Departments of Agriculture, Education, Health and Human Services, and Transportation for the fiscal year ending September 30, 2005, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Data Security and Breach Notification Act of 2012''. SEC. 2. REQUIREMENTS FOR INFORMATION SECURITY. Each covered entity shall take reasonable measures to protect and secure data in electronic form containing personal information. SEC. 3. NOTIFICATION OF INFORMATION SECURITY BREACH. (a) Notification.-- (1) In general.--A covered entity that owns or licenses data in electronic form containing personal information shall give notice of any breach of the security of the system following discovery by the covered entity of the breach of the security of the system to each individual who is a citizen or resident of the United States whose personal information was or that the covered entity reasonably believes to have been accessed and acquired by an unauthorized person and that the covered entity reasonably believes has caused or will cause, identity theft or other financial harm. (2) Law enforcement.--A covered entity shall notify the Secret Service or the Federal Bureau of Investigation of the fact that a breach of security has occurred if the number of individuals whose personal information the covered entity reasonably believes to have been accessed and acquired by an unauthorized person exceeds 10,000. (b) Special Notification Requirements.-- (1) Third-party agents.-- (A) In general.--In the event of a breach of security of a system maintained by a third-party entity that has been contracted to maintain, store, or process data in electronic form containing personal information on behalf of a covered entity who owns or possesses such data, such third-party entity shall notify such covered entity of the breach of security. (B) Covered entities who receive notice from third parties.--Upon receiving notification from a third party under subparagraph (A), a covered entity shall provide notification as required under subsection (a). (C) Exception for service providers.--A service provider shall not be considered a third-party agent for purposes of this paragraph. (2) Service providers.-- (A) In general.--If a service provider becomes aware of a breach of security involving data in electronic form containing personal information that is owned or possessed by a covered entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, such service provider shall notify the covered entity who initiated such connection, transmission, routing, or storage if such covered entity can be reasonably identified. (B) Covered entities who receive notice from service providers.--Upon receiving notification from a service provider under subparagraph (A), a covered entity shall provide notification as required under subsection (a). (c) Timeliness of Notification.-- (1) In general.--Unless subject to a delay authorized under paragraph (2), a notification required under subsection (a) with respect to a security breach shall be made as expeditiously as practicable and without unreasonable delay, consistent with any measures necessary to determine the scope of the security breach and restore the reasonable integrity of the data system that was breached. (2) Delay of notification authorized for law enforcement or national security purposes.-- (A) Law enforcement.--If a Federal law enforcement agency determines that the notification required under subsection (a) would impede a civil or criminal investigation, such notification shall be delayed upon the written request of the law enforcement agency for any period which the law enforcement agency determines is reasonably necessary. A law enforcement agency may, by a subsequent written request, revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent request if further delay is necessary. (B) National security.--If a Federal national security agency or homeland security agency determines that the notification required under this section would threaten national or homeland security, such notification may be delayed upon the written request of the national security agency or homeland security agency for any period which the national security agency or homeland security agency determines is reasonably necessary. A Federal national security agency or homeland security agency may revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent written request if further delay is necessary. (d) Method and Content of Notification.-- (1) Direct notification.-- (A) Method of notification.--A covered entity required to provide notification to an individual under subsection (a) shall be in compliance with such requirement if the covered entity provides such notice by one of the following methods: (i) Written notification, sent to the postal address of the individual in the records of the covered entity. (ii) Telephone. (iii) Email or other electronic means. (B) Content of notification.--Regardless of the method by which notification is provided to an individual under subparagraph (A) with respect to a security breach, such notification, to the extent practicable, shall include-- (i) the date, estimated date, or estimated date range of the breach of security; (ii) a description of the personal information that was accessed and acquired, or reasonably believed to have been accessed and acquired, by an unauthorized person as a part of the security breach; and (iii) information that the individual can use to contact the covered entity to inquire about-- (I) the breach of security; or (II) the information the covered entity maintained about that individual. (2) Substitute notification.-- (A) Circumstances giving rise to substitute notification.--A covered entity required to provide notification to an individual under subsection (a) may provide substitute notification in lieu of the direct notification required by paragraph (1) if such direct notification is not feasible due to-- (i) excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity; or (ii) lack of sufficient contact information for the individual required to be notified. (B) Form of substitute notification.--Such substitute notification shall include at least one of the following: (i) A conspicuous notice on the Internet Web site of the covered entity (if such covered entity maintains such a Web site). (ii) Notification in print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside. (e) Treatment of Persons Governed by Other Federal Law.--Except as provided in section 4(b), a covered entity who is in compliance with any other Federal law that requires such covered entity to provide notification to individuals following a breach of security shall be deemed to be in compliance with this section. SEC. 4. APPLICATION AND ENFORCEMENT. (a) General Application.--The requirements of sections 2 and 3 apply to-- (1) those persons, partnerships, or corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and (2) notwithstanding section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)), common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.). (b) Application to Cable Operators, Satellite Operators, and Telecommunications Carriers.--Sections 222, 338, and 631 of the Communications Act of 1934 (47 U.S.C. 222, 338, and 551), and any regulations promulgated thereunder, shall not apply with respect to the information security practices, including practices relating to the notification of unauthorized access to data in electronic form, of any covered entity otherwise subject to those sections. (c) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 2 or 3 shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.-- (A) In general.--Except as provided in subsection (a), 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. (B) Privileges and immunities.--Any person who violates section 3 or 4 shall be subject to the penalties and entitled to the privileges and immunities provided in such Act. (3) Maximum total liability.--Notwithstanding the number of actions which may be brought against a covered entity under this subsection, the maximum civil penalty for which any covered entity may be liable under this subsection for all actions shall not exceed-- (A) $500,000 for all violations of section 2 resulting from the same related act or omission; and (B) $500,000 for all violations of section 3 resulting from a single breach of security. (d) No Private Cause of Action.--Nothing in this Act shall be construed to establish a private cause of action against a person for a violation of this Act. SEC. 5. DEFINITIONS. In this Act: (1) Breach of security.--The term ``breach of security'' means unauthorized access and acquisition of data in electronic form containing personal information. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Covered entity.-- (A) In general.--The term ``covered entity'' means a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity that acquires, maintains, stores, or utilizes personal information. (B) Exemptions.--The term ``covered entity'' does not include the following: (i) Financial institutions subject to title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.). (ii) An entity covered by the regulations issued under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) to the extent that such entity is subject to the requirements of such regulations with respect to protected health information. (4) Data in electronic form.--The term ``data in electronic form'' means any data stored electronically or digitally on any computer system or other database and includes recordable tapes and other mass storage devices. (5) Personal information.-- (A) In general.--The term ``personal information'' means an individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (i) Social Security number. (ii) Driver's license number, passport number, military identification number, or other similar number issued on a government document used to verify identity. (iii) Financial account number, or credit or debit card number, and any required security code, access code, or password that is necessary to permit access to an individual's financial account. (B) Exclusions.-- (i) Public record information.--Personal information does not include information obtained about an individual which has been lawfully made publicly available by a Federal, State, or local government entity or widely distributed by media. (ii) Encrypted, redacted, or secured data.--Personal information does not include information that is encrypted, redacted, or secured by any other method or technology that renders the data elements unusable. (6) Service provider.--The term ``service provider'' means an entity that provides electronic data transmission, routing, intermediate, and transient storage, or connections to its system or network, where such entity providing such services does not select or modify the content of the electronic data, is not the sender or the intended recipient of the data, and does not differentiate personal information from other information that such entity transmits, routes, stores, or for which such entity provides connections. Any such entity shall be treated as a service provider under this Act only to the extent that it is engaged in the provision of such transmission, routing, intermediate and transient storage, or connections. SEC. 6. EFFECT ON OTHER LAWS. 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, relating to the protection or security of data in electronic form containing personal information or the notification of a breach of security. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date that is 1 year after the date of enactment of this Act.

Data Security and Breach Notification Act of 2012 - Requires commercial entities that acquire, maintain, store, or utilize personal information (covered entities) to take reasonable measures to protect and secure data in electronic form containing personal information. Directs a covered entity that owns or licenses such data to give notice of any breach of the security of the system that the entity reasonably believes has caused or will cause identity theft or other financial harm to each individual: (1) who is a U.S. citizen or resident; and (2) whose personal information was, or that the covered entity reasonably believes has been, accessed and acquired by an unauthorized person. Requires a covered entity to notify the Secret Service or the Federal Bureau of Investigation (FBI) of a security breach of personal information involving more than 10,000 individuals. Requires a third-party entity contracted to maintain, store, or process data containing personal information to notify the covered entity of a breach of security of a system. Requires a service provider to notify the covered entity if it becomes aware of a breach of security involving personal information owned or possessed by a covered entity and if such covered entity can be reasonably identified. Allows delays of notifications to avoid impeding a civil or criminal investigation or threatening national or homeland security. Sets forth the methods for notification under this Act. Preempts information security practices of the Communications Act applicable to telecommunication carriers, satellite operators, and cable operators. Sets forth civil monetary penalties for violations of this Act. Exempts financial institutions and entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

A bill to require certain entities that collect and maintain personal information of individuals to secure such information and to provide notice to such individuals in the case of a breach of security involving such information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovators Job Creation Act''. SEC. 2. PERMANENT EXTENSION. (a) In General.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h) and inserting the following: ``(h) Termination of Alternative Incremental Credit.--No election under subsection (c)(4) shall apply to taxable years beginning after December 31, 2008.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after December 31, 2013. SEC. 3. CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX. Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating clauses (ii), (iii), (iv), (v), (vi), (vii), (viii), and (ix) as clauses (iii), (iv), (v), (vi), (vii), (viii), (ix), and (x), respectively, and (2) by inserting after clause (i) the following new clause: ``(ii) the credit determined under section 41 to the extent attributable to amounts paid or incurred after December 31, 2013,''. SEC. 4. PERMANENT 5-YEAR CARRYBACK FOR RESEARCH CREDITS OF SMALL BUSINESSES. (a) In General.--Paragraph (4) of section 39(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(4) 5-year carryback for research credits of small businesses.--Notwithstanding subsection (d), in the case of credits determined under section 41 with respect to an eligible small business (as defined in section 38(c)(5)(C)) in taxable years beginning after December 31, 2013-- ``(A) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof, and ``(B) paragraph (2) shall be applied-- ``(i) by substituting `25 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `24 taxable years' for `20 taxable years' in subparagraph (B) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 5. ELECTION PERMITTED ON AMENDED RETURN. (a) In General.--Paragraph (5) of section 41(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Special rule regarding timing of election.-- An election under this paragraph may be made by means of an amendment to the return of tax for the taxable year for which made.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 6. TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP COMPANIES. (a) In General.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Treatment of Credit to Qualified Small Businesses.-- ``(1) In general.--At the election of a qualified small business, the payroll tax credit portion of the credit determined under subsection (a) shall be treated as a credit allowed under section 3111(f) (and not under this section). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) for any taxable year is so much of such credit as does not exceed $250,000. ``(3) Qualified small business.--For purposes of this subsection-- ``(A) In general.--The term `qualified small business' means, with respect to any taxable year-- ``(i) a corporation, partnership, or S corporation if-- ``(I) the gross receipts (as determined under subsection (c)(7)) of such entity for the taxable year is less than $5,000,000, and ``(II) such entity did not have gross receipts (as so determined) for any period preceding the 5-taxable-year period ending with such taxable year, and ``(ii) any person not described in subparagraph (A) if clauses (i) and (ii) of subparagraph (A) applied to such person, determined-- ``(I) by substituting `person' for `entity' each place it appears), and ``(II) in the case of an individual, by only taking into account the aggregate gross receipts received by such individual in carrying on trades or businesses of such individual. ``(B) Limitation.--Such term shall not include an organization which is exempt from taxation under section 501. ``(4) Election.-- ``(A) In general.--In the case of a partnership or S corporation, an election under this subsection shall be made at the entity level. ``(B) Revocation.--An election under this subsection may not be revoked without the consent of the Secretary. ``(C) Limitation.--A taxpayer may not make an election under this subsection if such taxpayer has made an election under this subsection for 5 or more preceding taxable years. ``(5) Aggregation rules.--For purposes of determining the $250,000 limitation under paragraph (2) and determining gross receipts under paragraph (3), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(6) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-- ``(A) regulations to prevent the avoidance of the purposes of paragraph (3) through the use of successor companies or other means, ``(B) regulations to minimize compliance and record-keeping burdens under this subsection for start- up companies, and ``(C) regulations for recapturing the benefit of credits determined under section 3111(f) in cases where there is a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended returns in the cases where there is such an adjustment.''. (2) Conforming amendment.--Section 280C(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Treatment of qualified small business credit.--For purposes of determining the amount of any credit under section 41(a) under this subsection, any election under section 41(i) shall be disregarded.''. (b) Credit Allowed Against FICA Taxes.-- (1) In general.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Credit for Research Expenditures of Qualified Small Businesses.-- ``(1) In general.--In the case of a qualified small business which has made an election under section 41(i), there shall be allowed as a credit against the tax imposed by subsection (a) on wages paid with respect to the employment of all employees of the qualified small business for days in an applicable calendar quarter an amount equal to the payroll tax credit portion of the research credit determined under section 41(a). ``(2) Carryover of unused credit.--In any case in which the payroll tax credit portion of the research credit determined under section 41(a) exceeds the tax imposed under subsection (a) for an applicable calendar quarter-- ``(A) the succeeding calendar quarter shall be treated as an applicable calendar quarter, and ``(B) the amount of credit allowed under paragraph (1) shall be reduced by the amount of credit allowed under such paragraph for all preceding applicable calendar quarters. ``(3) Allocation of credit for controlled groups, etc.--In determining the amount of the credit under this subsection-- ``(A) all persons treated as a single taxpayer under section 41 shall be treated as a single taxpayer under this section, and ``(B) the credit (if any) allowable by this section to each such member shall be its proportionate share of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit allowable under section 41. ``(4) Definitions.--For purposes of this subsection-- ``(A) Applicable calendar quarter.--The term `applicable calendar quarter' means-- ``(i) the first calendar quarter following the date on which the qualified small business files a return under section 6012 for the taxable year for which the payroll tax credit portion of the research credit under section 41(a) is determined, and ``(ii) any succeeding calendar quarter treated as an applicable calendar quarter under paragraph (2)(A). ``For purposes of determining the date on which a return is filed, rules similar to the rules of section 6513 shall apply. ``(B) Other terms.--Any term used in this subsection which is also used in section 41 shall have the meaning given such term under section 41.''. (2) Transfers to federal old-age and survivors insurance trust fund.--There are hereby appropriated to the Federal Old- Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Innovators Job Creation Act - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) allow an offset of such credit against liability for the alternative minimum tax (AMT); (3) make permanent the five-year carryback of research tax credit amounts of certain small businesses; and (4) allow a qualified small business, other than a tax-exempt organization, to use a portion, up to $250,000 in a taxable year, of its tax credit for increasing research expenditures as an offset against its employment tax liability.  Defines "qualified small business" as a corporation, partnership, or S corporation if the gross receipts of such entity for the taxable year are less than $5 million and such entity did not have gross receipts for any period preceding the 5-year period ending with such taxable year.

Innovators Job Creation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Fe 400th Anniversary Commemorative Coin Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Santa Fe, New Mexico, the site of native occupation centuries before European incursions, was officially elevated from a plaza established in 1608 to a villa and capital city in 1610. Santa Fe has been the meeting place and home of many cultures. (2) The Palace of the Governors, built in the early 17th century served as the governor's quarters and the seat of government under 3 flags. It is the oldest continuously used public building in the United States. (3) La Fiesta de Santa Fe, a cultural, religious, and social celebration, commemorating the resettlement of Santa Fe by General Don Diego de Vargas in 1692 continues today as an attraction for tourists and locals alike. (4) At the nexus of 3 historically important trails, Santa Fe brought people and goods together over the Santa Fe Trail to and from Missouri, California, and Mexico City. (5) Commerce on the Santa Fe Trail brought a much needed boost to the economy of the American West during the recession of the early 19th century. Santa Fe was the rendezvous place for traders, mountain men and forty-niners on route to California, and is today home to a multicultural citizenry and world class art market. (6) The Santa Fe area is a center of market activity for arts and culture year round, culminating in the world renowned Indian Market, Spanish Colonial Art Market, and International Folk Art Market. (7) New Mexico is the home to the oldest and continuously inhabited indigenous communities in North America. Native communities now residing in New Mexico include-- (A) Acoma Pueblo; (B) Alamo Navajo Chapter; (C) Canoncito Navajo Chapter; (D) Cochiti Pueblo; (E) Isleta Pueblo; (F) Jemez Pueblo; (G) Jicarilla Apache Tribe; (H) Laguna Pueblo; (I) Mescalero Apache Tribe; (J) Nambe Pueblo; (K) Picuris Pueblo; (L) Pojoaque Pueblo; (M) Ramah Navaho Chapter; (N) San Felipe Pueblo; (O) San Ildefonso Pueblo; (P) San Juan Pueblo; (Q) Sandia Pueblo; (R) Santa Ana Pueblo; (S) Santa Clara Pueblo; (T) Santo Domingo Pueblo; (U) Taos Pueblo; (V) Tesuque Pueblo; (W) Zia Pueblo; (X) Zuni Pueblo; and (Y) many others that disappeared or were moved after European contact. (8) The Pueblo Revolt of 1680 is known to be one of the first ``American Revolutions'' when the Pueblo people ousted Spanish colonists from New Mexico. (9) The Santa Fe area has long attracted tourists, artists, and writers. The classic novel Ben Hur was written, in part, by then Governor Lew Wallace, in the Palace of the Governors. (10) A commemorative coin will help to foster an understanding and appreciation of New Mexico, its history and culture and the importance of Santa Fe and New Mexico to the history of the United States and the world. SEC. 3. COIN SPECIFICATIONS. (a) $5 Gold Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall issue not more than 100,000 $5 coins, which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) $1 Silver Coins.--The Secretary shall issue not more than 500,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (e) Sources of Bullion.-- (1) Gold.--The Secretary shall obtain gold for minting coins under this Act from domestic sources, and pursuant to the authority of the Secretary under section 5116 of title 31, United States Code. (2) Silver.--The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the settlement of Santa Fe, New Mexico, the oldest capital city in the United States. (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 ``2010''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'' (on the face of the coin), ``United States of America'', and ``E Pluribus Unum''. (b) Design Selection.--Subject to subsection (a), the design for the coins minted under this Act shall be selected by the Secretary, and shall be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2010, and ending on December 31, 2010. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (c) 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) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (d) Surcharge.--All sales of coins minted under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Recipients.-- (1) In general.--All surcharges received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary to the recipients listed under paragraphs (2) and (3). (2) Santa fe 400th anniversary committee.--The Secretary shall distribute 50 percent of the surcharges described under paragraph (1) to the Santa Fe 400th Anniversary Committee, Inc., to support programs to promote the understanding of the legacies of Santa Fe. (3) Other recipients.--The Secretary shall distribute 50 percent of the surcharges described under paragraph (1) to the Secretary of the Department of the Interior, for the purposes of-- (A) sustaining the ongoing mission of preserving Santa Fe; (B) enhancing the national and international educational programs; (C) improving infrastructure and archaeological research activities; and (D) conducting other programs to support the commemoration of the 400th anniversary of Santa Fe. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the entities specified in subsection (a), as may be related to the expenditure of amounts distributed under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

Santa Fe 400th Anniversary Commemorative Coin Act of 2007 - Instructs the Secretary of the Treasury to issue $5 gold coins and $1 silver coins emblematic of the settlement of Santa Fe, New Mexico, the oldest capital city in the United States. Permits issuance of such coins only during calendar 2010. Requires the Secretary to pay 50% of surcharges received from such coin sales to: (1) the Santa Fe 400th Anniversary Committee, Inc.; and (2) the Secretary of the Interior to sustain the ongoing mission of preserving Santa Fe, including educational programs, infrastructure and archaeological research activities, and other programs to support commemoration of the 400th anniversary of Santa Fe.

A bill to authorize the minting of a coin to commemorate the 400th anniversary of the founding of Santa Fe, New Mexico, to occur in 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Telephone Connection Protection Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is the policy of the United States to ensure that all Americans are afforded just and reasonable communications services, including those families that pay rates for inmate telephone and video service. (2) Telephone and video calls are the primary methods by which individuals correspond and maintain contact with family members who are incarcerated in correctional institutions. (3) Except for emergency purposes, family members are not allowed to call people incarcerated in correctional institutions, and incarcerated persons are typically allowed to call family members and other pre-approved individuals only through facilities physically located on the premises of correctional institutions. (4) Inmate telephone and video service in correctional institutions often is limited to collect calling. (5) Regardless of whether the prisoners' calls are placed collect or through a debit account, the prisoners' family members typically pay for the calls, either through their telephone bills, in the case of collect calls received from prisoners, or by making deposits directly into prisoners' debit accounts. (6) It is clear from various studies that maintaining frequent and meaningful communications between people who are incarcerated and family members is key to the successful social reintegration of formerly incarcerated individuals. Such contact reduces recidivism and facilitates rehabilitation, which in turn reduces crime and the future costs of imprisonment. (7) Frequent communication between incarcerated persons and family members is burdened, and in some cases, prevented, by excessive inmate telephone and video service rates. Excessive inmate telephone and video service rates thus weaken the family and community ties that are necessary for successful reentry into society by persons who were formerly incarcerated and the reduction in crime resulting from successful reentry. (8) Innocent citizens are paying excessive telephone and video service charges simply due to having a family member or loved one who is incarcerated. (9) The rates for calls from correctional institutions are some of the highest rates in the United States, with some per- minute charges reaching $1 and service or connection charges of $3.00 per call. (10) Information compiled by the Congress and the Federal Communications Commission shows that the high rates are due in part to the lack of competition between companies that provide long distance inmate telephone and video service to correctional institutions. (11) There are no competitive forces providing incentives for those carriers to lower prices or operate efficiently because, unlike the mass market, only one carrier is typically permitted to provide long distance inmate telephone and video service within each correctional institution. (12) High calling rates also are due in part to commissions that carriers pay to correctional institution administrators for the exclusive right to provide long distance inmate telephone and video service in a correctional facility. In some cases, such commissions can account for as much as 60 percent of the total revenues received from the use of prison payphones. (13) The collection of such commissions by correctional institution administrators and State departments of correction based upon interstate telecommunications revenues is a burden on interstate commerce. (14) Due to the lack of competition for telephone and video services within correctional institutions, families of people in prison, many of whom have low incomes, cannot choose the long distance carrier with the lowest calling rates and must pay the excessive rates charged by the carrier having the exclusive right to provide long distance service to the correctional institution from which the call originates. (15) The Commission has the expertise and authority to regulate inmate telephone and video service. Because parties to Commission rulemaking proceedings have raised issues regarding its authority to implement meaningful relief for excessive inmate telephone and video service rates, Congress finds it necessary and appropriate to reaffirm that the Commission has the authority to implement the types of relief set forth in this Act. SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE AND VIDEO SERVICE. (a) Definitions.--Section 226(a) of the Communications Act of 1934 (47 U.S.C. 226(a)) is amended by adding at the end the following: ``(10) The term `ancillary fee' includes any charge or fee that is imposed on a user of inmate telephone and video service in addition to the per-minute rate and connection charge. ``(11) The term `collect' or `collect call' means a telephone call or video call from a person incarcerated in a correctional institution that is billed to the subscriber receiving the call. ``(12) The term `commission' means a fee or other payment by a provider of inmate telephone and video service to an administrator of a correctional institution, department of correction, or similar entity, based upon, or partly upon, inmate telephone and video service revenue. ``(13) The term `debit account' means the payment of inmate telephone and video service through a prepaid card or other account of a prisoner, which can be accessed only through an access code, personal identification number, or similar identifier. ``(14) The term `inmate telephone and video service' includes the provision of telephone and video service enabling persons incarcerated in correctional institutions to originate calls at payphones, telephones, or video kiosks that are designated for the personal use of prisoners, regardless of whether the calls are collect, paid through a debit account, or paid through any other means. ``(15) The term `provider of inmate telephone and video service' means any common carrier that provides inmate telephone and video service or any other person determined by the Commission to be providing inmate telephone and video service.''. (b) Regulations.--Section 226 of the Communications Act of 1934 (47 U.S.C. 226) is amended-- (1) by redesignating subsection (i) as subsection (k); and (2) by inserting after subsection (h) the following: ``(i) Regulation of Inmate Telephone and Video Service.-- ``(1) In general.--In order to ensure that charges for inmate telephone and video service are just, reasonable, and nondiscriminatory, not later than 1 year after the date of enactment of the Family Telephone Connection Protection Act of 2015, the Commission shall adopt regulations on the use of inmate telephone and video service that-- ``(A) prescribe a maximum uniform per-minute compensation rate; ``(B) prescribe a maximum uniform service connection or other per-call compensation rate; ``(C) prescribe variable maximum compensation rates depending on such factors as carrier costs, the size of the correctional facility served, and other relevant factors identified by the Commission; ``(D) require providers of inmate telephone and video service to offer both collect calling and debit account services; ``(E) address the payment of commissions by providers of inmate telephone and video service to administrators of correctional institutions, departments of correction, and similar entities by-- ``(i) prohibiting such payments; or ``(ii) limiting commission payments; ``(F) require administrators of correctional institutions, departments of correction, and similar entities to allow more than 1 provider of inmate telephone and video service to provide interstate inmate telephone and video service at a correctional institution so that prisoners have a choice of such providers; and ``(G) prohibit or substantially limit any ancillary fees imposed by a provider of inmate telephone and video service on a user of the service. ``(2) Scope.-- ``(A) In general.--The regulations adopted by the Commission under this subsection-- ``(i) shall be technologically neutral; and ``(ii) shall not jeopardize legitimate security and penological interests. ``(B) Impact on revenue.--To the extent the regulations adopted by the Commission under this subsection reduce or eliminate the revenue derived by administrators of correctional institutions, departments of correction, and similar entities from the receipt of commissions, such effects of the regulations shall not be considered to be jeopardizing or otherwise affecting legitimate security or penological interests. ``(3) Periodic review.--The Commission shall review, on a biennial basis, the regulations adopted under this subsection, including to determine whether any compensation rates established by the Commission should be modified. ``(4) State preemption.--To the extent that any State, local government, or private correctional facility requirements are inconsistent with the regulations of the Commission affecting or pertaining to inmate telephone and video service, including restrictions on the payment of commissions based upon inmate telephone and video service revenues or earnings, the regulations of the Commission on such matters shall preempt the State, local government, or private correctional facility requirements. ``(j) Inmate Telephone and Video Service Fully Subject to Sections 201, 205, 251, 252, and 276.-- ``(1) In general.--Inmate telephone and video service shall be fully subject to the requirements of sections 201, 205, 251, 252, and 276. ``(2) Restriction.--A provider of inmate telephone and video service may not block or otherwise refuse to carry a call placed by an incarcerated person on the grounds that the provider has no contractual or other arrangement with the local exchange carrier serving the intended recipient of the call or other common carrier involved in any portion of the transmission of the call.''.

Family Telephone Connection Protection Act of 2015 This bill amends the Communications Act of 1934 to direct the Federal Communications Commission to adopt regulations on the use of inmate telephone and video services that enable persons incarcerated in correctional institutions to originate calls at payphones, telephones, or video kiosks designated for the personal use of prisoners. The regulations must: (1) prescribe a maximum uniform per-minute rate and service connection or other per-call rate, (2) prescribe variable maximum rates depending on factors such as carrier costs and the size of the correctional facility, (3) require providers of inmate telephone and video service to offer both collect calling and prepaid debit account services, (4) prohibit or limit the payment of commissions by such providers to administrators of correctional facilities based upon the revenue of the service, (5) require such administrators to allow more than one service provider at a facility so that prisoners have a choice, and (6) prohibit or substantially limit any ancillary fees that are in addition to the per-minute rate and connection charge.

Family Telephone Connection Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Privacy and Civil Liberties Oversight Enhancement Act''. SEC. 2. SUBMISSION OF REPORTS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. (a) 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 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Foreign Intelligence Surveillance Court Rules.--Section 103(g)(2) (50 U.S.C. 1803(g)(2)) is amended by adding at the end the following new subparagraph: ``(H) The Privacy and Civil Liberties Oversight Board.''. (c) Report of Electronic Surveillance.--Section 107 (50 U.S.C. 1807) is amended in the matter preceding paragraph (1) by striking ``Administrative Office of the United States Court and to Congress'' and inserting ``Administrative Office of the United States Court, Congress, and the Privacy and Civil Liberties Oversight Board''. (d) Oversight of Electronic Surveillance.--Section 108 (50 U.S.C. 1808) is amended-- (1) in the heading, by striking ``congressional''; and (2) in subsection (a)(1), by striking ``the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate,'' and inserting ``the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives, the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, and the Privacy and Civil Liberties Oversight Board''. (e) Oversight of Physical Searches.--Section 306 (50 U.S.C. 1826) is amended-- (1) in the heading, by striking ``congressional''; and (2) in the matter preceding paragraph (1)-- (A) in the first sentence, by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate,'' and inserting ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''; and (B) in the second sentence, by striking ``those committees and the Committee on the Judiciary of the House of Representatives'' and inserting ``those committees and the Privacy and Civil Liberties Oversight Board''. (f) Oversight of Pen Registers and Trap and Trace Devices.--Section 406 (50 U.S.C. 1846) is amended-- (1) in the heading, by striking ``congressional''; (2) in subsection (a), by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate,'' and inserting ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''; and (3) in subsection (b), by striking ``the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the Senate'' and inserting ``the committees referred to in subsection (a) and the Privacy and Civil Liberties Oversight Board''. (g) Oversight of Production of Certain Business Records.--Section 502 (50 U.S.C. 1862) is amended-- (1) in the heading, by striking ``congressional''; (2) in subsection (a), by striking ``the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate'' and inserting ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''; and (3) in subsection (b), by striking ``the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence'' and inserting ``the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''. (h) Semiannual Report of the Attorney General.--Section 601 (50 U.S.C. 1871) is amended-- (1) in subsection (a), by striking ``and the Committees on the Judiciary of the House of Representatives and the Senate,'' and inserting ``the Committees on the Judiciary of the House of Representatives and the Senate, and the Privacy and Civil Liberties Oversight Board''; (2) in subsection (c), by inserting ``and the Privacy and Civil Liberties Oversight Board'' after ``subsection (a)''; and (3) in subsection (d), by inserting ``and the Privacy and Civil Liberties Oversight Board'' after ``subsection (a)''. (i) Procedures for Targeting Certain Persons Outside the United States Other Than United States Persons.--Section 702(l) (50 U.S.C. 1881a(l)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (B)(ii), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) the Privacy and Civil Liberties Oversight Board.''; (2) in paragraph (2)(D)-- (A) in clause (ii), by striking ``; and'' and inserting a semicolon; (B) in clause (iii)(II), by striking the period and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iv) the Privacy and Civil Liberties Oversight Board.''; and (3) in paragraph (3)(C)-- (A) in clause (iii), by striking ``; and'' and inserting a semicolon; (B) in clause (iv)(II), by striking the period and inserting ``; and''; and (C) by adding at the end the following new clause: ``(v) the Privacy and Civil Liberties Oversight Board.''. (j) Oversight of Procedures for Targeting Certain Persons Outside the United States Other Than United States Persons.--Section 707(a) (50 U.S.C. 1881f(a)) is amended-- (1) in the heading, by striking ``congressional''; and (2) by inserting ``and the Privacy and Civil Liberties Oversight Board'' before ``concerning the implementation of this title''.

Privacy and Civil Liberties Oversight Enhancement Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to include the Privacy and Civil Liberties Oversight Board as a recipient of: (1) FISA court procedural rule changes, decisions, and pleadings; (2) the Attorney General's (DOJ) annual report to the Administrative Office of the U.S. Court regarding applications and orders for electronic surveillance; (3) the Attorney General's reports to Congress concerning electronic surveillance, physical searches, pen registers and trap and trace devices, production of tangible things (commonly referred to as business records), the number of persons targeted by the government under FISA authorities, and procedures for targeting persons; (4) reports by the Attorney General and the Director of National Intelligence (DNI) assessing compliance with minimization procedures for targeting persons reasonably believed to be located outside the United States other than U.S. persons, including reviews of the number of targets who were later determined to be located in the United States; and (5) annual reports of each element of the intelligence community authorized to acquire targeted foreign intelligence information.

Privacy and Civil Liberties Oversight Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Fatality Reduction Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year in the United States, over 100 firefighters die in the line of duty, while an additional tens of thousands of firefighters are injured. (2) The Federal Government has a vested interest in protecting firefighter health and safety, as it relies on local fire departments to efficiently and effectively implement the National Response Framework in the response to major disasters. (3) Adequate training, proper personal protective equipment, safe staffing levels, safe operating procedures, and physical and mental fitness of firefighters can reduce avoidable firefighter fatalities. (4) The fire services, in conjunction with Government agencies and interested private-sector parties, has partnered with standards-making bodies to develop national voluntary consensus standards for safe fire department operations and fire fighting capabilities. (5) Such standards are widely respected and promoted by all facets of the fire service to better ensure firefighter health and safety. (6) Through its Firefighter Fatality Investigation and Prevention Program, the National Institute for Occupational Safety and Health has identified the failure to follow specific national voluntary consensus standards as a contributing factor in many firefighter deaths. (7) A comprehensive accounting of fire department compliance with national voluntary consensus standards would help policy makers seeking to enhance public safety and reduce avoidable firefighter fatalities. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``national voluntary consensus standards'' means the most recently issued edition of the national voluntary consensus standards for firefighter and fire department staffing, training, safe operations, personal protective equipment, and fitness available on the date of enactment of this Act; (2) the term ``Secretary'' means the Secretary of Homeland Security; and (3) the term ``Task Force'' means the Task Force to Enhance Firefighter Safety established under section 5(a). SEC. 4. SURVEY BY THE DEPARTMENT OF HOMELAND SECURITY. (a) Survey Required.--Not later than 120 days after the date of enactment of this Act, the Secretary, in consultation with the Task Force, shall begin to conduct a survey of each career, volunteer, and combination fire department located in the United States in order to ascertain whether each such fire department is in compliance with national voluntary consensus standards. (b) Contents of Survey.--In conducting the survey, the Secretary shall-- (1) ascertain the rates of compliance with national voluntary consensus standards of-- (A) paid, volunteer, and combination fire departments; (B) fire departments located in communities of varying sizes; and (C) fire departments in each of the States and territories; and (2) ascertain, for each fire department in the United States, compliance with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report-- (1) containing a summary of the findings of the survey required under subsection (a); and (2) that includes an accounting of fire department compliance with national voluntary consensus standards as described in subsection (b)(1). SEC. 5. ESTABLISHMENT OF TASK FORCE TO ENHANCE FIREFIGHTER SAFETY. (a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a task force to be known as the ``Task Force to Enhance Firefighter Safety''. (b) Membership.-- (1) In general.--Members of the Task Force shall be appointed by the Secretary from among the general public and shall include-- (A) representatives of national organizations representing firefighters and fire chiefs; (B) individuals representing standards-setting and accrediting organizations, including representatives from the voluntary consensus codes and standards development community; and (C) other individuals as the Secretary determines to be appropriate. (2) Representatives of other departments and agencies.--The Secretary may invite representatives of other Federal departments and agencies that have an interest in the fire service to participate in the meetings and other activities of the Task Force. (3) Number; terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Task Force appointed by the Secretary, except that a term of service of any such member may not exceed 2 years. (c) Responsibilities.--The Task Force shall-- (1) consult with the Secretary to conduct the survey required under section 4; and (2) develop a plan to enhance firefighter safety by increasing fire department compliance with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness, including by-- (A) reviewing and evaluating the report required under section 4 to determine the extent of and barriers to achieving compliance with national voluntary consensus standards among fire departments; and (B) considering ways in which the Federal Government, States, and local governments can promote, encourage, or require fire departments to comply with national voluntary consensus standards. (d) Report to Congress.--Not later than 6 months after the date on which the Secretary submits the report required under section 4(c), the Task Force shall submit to Congress and the Secretary a report containing the findings and recommendations of the Task Force together with the plan described in subsection (c)(2).

Firefighter Fatality Reduction Act of 2009 - Directs the Secretary of Homeland Security to conduct a survey of, and report to Congress on, the compliance of fire departments in the United States with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness. Requires the Secretary to establish a Task Force to Enhance Firefighter Safety to: (1) consult with the Secretary to conduct such survey; and (2) develop a plan to enhance firefighter safety by increasing compliance with such standards, including by reviewing and evaluating the report to determine the extent of and barriers to achieving compliance and by considering ways the federal government, states, and local governments can promote, encourage, or require compliance.

A bill to direct the Secretary of Homeland Security to conduct a survey to determine the level of compliance with national voluntary consensus standards and any barriers to achieving compliance with such standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Tobacco Responsibility Act of 1997''. SEC. 2. EXPORTS OF TOBACCO PRODUCTS AND ADVERTISING OF TOBACCO PRODUCTS ABROAD. (a) Labeling Requirements for Exports.-- (1) Requirements for cigarettes.--It shall be unlawful for any person subject to the jurisdiction of the United States, either directly or through a foreign subsidiary or agent of that person, to export from the United States or any other country any cigarettes the package of which does not contain the label statements, in the primary language of the country in which the cigarettes are intended for consumption, required by section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) for cigarettes manufactured, imported, or packaged for sale or distribution within the United States. (2) Smokeless tobacco warning.--It shall be unlawful for any person subject to the jurisdiction of the United States, either directly or through a foreign subsidiary or agent of that person, to export from the United States or any other country any smokeless tobacco product the package of which does not contain the label statements, in the primary language of the country in which the smokeless tobacco product is intended for consumption, required by section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986. (3) Waivers.--The President may waive the prohibition contained in paragraph (1) or (2) if the President determines that the country in which the exported cigarettes or smokeless tobacco product are intended for consumption has in effect requirements for labeling of cigarette packages or smokeless tobacco product packages substantially similar to or more stringent than those set forth in section 4 of the Federal Cigarette Labeling and Advertising Act or section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986. The President shall publish in the Federal Register all waivers granted under this paragraph. (b) Label Statements Required for Advertising Abroad.-- (1) Requirements for cigarettes.--It shall be unlawful for any person subject to the jurisdiction of the United States, either directly or through a foreign subsidiary or agent of that person, to advertise or cause to be advertised abroad any cigarette unless the advertising contains the label statements, in the same language as the advertising message, required for advertising under section 4 of the Federal Cigarette Labeling and Advertising Act. (2) Smokeless tobacco requirements.--It shall be unlawful for any person subject to the jurisdiction of the United States, either directly or through a foreign subsidiary or agent of that person, to advertise or cause to be advertised abroad any smokeless tobacco product unless the labeling contains the label statements, in the same language as the advertising message, required for advertising by section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986. (3) Waiver.--The President may waive the prohibition contained in paragraph (1) or (2) with respect to a country in which the advertising is carried out if the President determines that the country has in effect requirements for advertising of cigarettes or smokeless tobacco products substantially similar to or more stringent than those set forth in section 4 of the Federal Cigarette Labeling and Advertising Act or section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986. The President shall publish in the Federal Register all waivers granted under this paragraph. SEC. 3. PENALTIES. (a) Fine.--Any person who violates the provisions of section 2 shall be fined not more than $100,000. (b) Injunction Proceedings.--The district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of section 2 upon the application of the Attorney General of the United States. SEC. 4. REPEAL. Section 12 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1340) is repealed. SEC. 5. RESTRICTIONS ON ACTIVITIES ABROAD REGARDING THE MARKETING OF TOBACCO PRODUCTS. (a) Prohibition.--No funds appropriated by law may be used by any officer, employee, department, or agency of the United States or of any State or local government-- (1) to seek, through negotiation or otherwise, the removal or reduction by any foreign country of any restrictions which that country imposes or may impose on the advertising, manufacture, packaging, taxation, or sale or distribution of cigarettes, little cigars, snuff, chewing tobacco, or smokeless tobacco, that is produced in that foreign country; or (2) to promote the export of cigarettes, little cigars, snuff, chewing tobacco, or smokeless tobacco to, or the sale or distribution of cigarettes, little cigars, snuff, chewing tobacco, or smokeless tobacco in, any foreign country. (b) Export Promotion Activities.--For purposes of this section, the term ``promote the export of cigarettes, little cigars, snuff, chewing tobacco, or smokeless tobacco'' includes any activity designed to stimulate or assist United States businesses in marketing those products abroad competitively with businesses from other countries, including, but not limited to-- (1) trade development and dissemination of foreign marketing opportunities and other marketing information to United States producers of those products, including the expansion of foreign markets for those products; (2) the development of regional and multilateral economic policies that enhance United States trade and investment interests in such products, and the provision of marketing services with respect to foreign countries and regions; and (3) the exhibition of such products in other countries. SEC. 6. COMPOSITION OF SECTION 301 COMMITTEE. Any interagency committee established to assist the United States Trade Representative in performing the functions vested in the Trade Representative under section 301 of the Trade Act of 1974, shall include, with respect to any case under such section 301 that involves cigarettes, little cigars, snuff, chewing tobacco, or smokeless tobacco, representatives of the Department of Health and Human Services. SEC. 7. INTERNATIONAL CONFERENCE ON TOBACCO USE. It is the sense of the Congress that the President should urge the United Nations, acting through the United States Permanent Representative to the United Nations, to create a United Nations Conference to address the use of tobacco worldwide and to implement regulations to decrease the use of tobacco. SEC. 8. REGULATORY AUTHORITY. The President may issue such regulations and orders as may be necessary to carry out this Act. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Cigarette.--The term ``cigarette'', ``United States'', ``package'', and ``sale or distribution'', have the meanings given those terms in section 3 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332). (2) Foreign subsidiary.--A person is a ``foreign subsidiary'' of another person if that person is located outside the United States or is organized under the laws of a foreign country, and that person is directly or indirectly owned or controlled by that other person to the extent of 10 percent or more of its voting stock (in the case of an incorporated enterprise) or an equivalent interest (in the case of an unincorporated enterprise), and such term includes a branch of that other person. (3) Smokeless tobacco.--The term ``smokeless tobacco'' means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.

International Tobacco Responsibility Act of 1997 - Makes it unlawful to export to a foreign country cigarettes or smokeless tobacco products manufactured, imported, or packaged for distribution in the United States, unless in the country's primary language: (1) the package bears one of the specified warnings; and (2) the advertising bears one of the specified warnings. Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling or advertising requirements. Sets forth penalties. Prohibits the use of funds to: (1) affect restrictions imposed by foreign countries with respect to the sale of tobacco products; or (2) promote the export of such products in such country. Requires any interagency committee established to assist the United States Trade Representative in performing certain functions to include Department of Health and Human Services representatives with respect to any case involving specified tobacco products. Expresses the sense of the Congress that the President should urge the United Nations to create a UN Conference to address the use of tobacco worldwide and to implement regulations to decrease its use.

International Tobacco Responsibility Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rare Earths Supply-Chain Technology and Resources Transformation Act of 2010'' or the ``RESTART Act''. SEC. 2. FINDINGS. Congress finds that: (1) Many modern defense technologies such as radar and sonar systems, precision-guided weapons, cruise missiles, and lasers cannot be built, as designed and specified, without the use of rare earth elements (``REEs'') and materials produced from them. (2) Significant quantities of REE are used in the production of renewable energy technologies, including advanced automotive propulsion batteries, electric motors, high- efficiency light bulbs, solar panels, and wind turbines. These technologies are used to advance the United States energy policy of reducing dependence on foreign oil and decreasing greenhouse gas emissions through expansion of renewable sources of energy. (3) Though the United States owns at least 15 percent of the world's REEs reserves, it now depends nearly 100 percent upon imports for rare earth elements, oxides, and alloys because there are virtually no active REE producers in the United States. More than 97 percent of all REEs for world consumption are produced in China. (4) China's ability--and willingness--to export REEs is eroding due to its growing domestic demand, its enforcement of environmental law on current producers, and its mandate to consolidate the industry by decreasing its number of mining permits. The Chinese Ministry of Industry and Information Technology draft rare earths plan for 2009 to 2015 proposes an immediate ban on the export of dysprosium, terbium, thulium, lutetium and yttrium, the ``heavy'' REE and a restriction on the exports of all the other, light, rare earth metals to a level well below that of Japan's 2008 demand alone. (5) Furthermore, the United States has no active heavy group rare earth production capabilities or refining capabilities for heavy rare earth elements. Thus, should the United States begin to mine its heavy rare earth oxides, it would still be dependent on overseas refineries for further elemental and alloy processing. Nor does the United States currently maintain a ``strategic reserve'' of rare earth compounds, metals or alloys. (6) REEs should qualify as materials either strategic or critical to national security. The United States Government should take measures to reintroduce a globally competitive domestic strategic materials industry that is self-sufficient in the United States domestic market with multiple sources of mining, processing, alloying and manufacturing. (7) This self-sufficiency requires an uninterrupted supply of strategic materials critical to national security and innovative commercial product development, including rare earth materials, to support the defense supply chain. (8) The United States currently cannot reclaim valuable rare earth resources and permanent magnets from scrapped military or consumer products, industrial materials or equipment, which allows entities in overseas nations to identify and recover such materials for resale to United States manufacturers at considerable cost. (9) There is an urgent need to identify the current global market situation regarding rare earth materials, the strategic value placed on them by foreign nations including China, and the Department of Defense's and domestic manufacturing industry's supply-chain vulnerability related to rare earths and end items containing rare earths such as neodymium iron boron and other specialty magnets, and rare earth ``doped'' lasers. (10) It is the policy of the United States to take any and all actions necessary to ensure the reintroduction of a competitive domestic rare earth supply chain, to include the reintroduction of the capacity to conduct mining, refining/ processing, alloying and manufacturing operations using domestic suppliers to provide a secure source of rare earth materials as a vital component of national security and economic policy. SEC. 3. REQUIREMENT TO ESTABLISH EXECUTIVE AGENTS FOR RARE EARTH RELATED MATTERS. No later than 30 days after the enactment of this Act-- (1) the Secretaries of Commerce, Defense, Energy, Interior, and State shall appoint an Executive Agent, at the Assistant Secretary level of each affected agency, to serve as a representative on an interagency working group for the purposes of reestablishing a competitive domestic rare earth supply chain; and (2) the United States Trade Representative and the Office of Science and Technology Policy shall appoint representation to the interagency working group in paragraph (1) above. SEC. 4. REQUIREMENT TO ESTABLISH A BASELINE FOR RARE EARTH MATERIAL SUPPLY-CHAIN VULNERABILITY. No later than 180 days after the enactment of this Act, the Secretaries of Commerce, Defense, Energy, Interior, and State shall undertake an assessment of the rare earth supply chain and determine which rare earth elements are critical to national and economic security and submit the findings of the review to Congress. Such assessment shall be in coordination with the United States Trade Representative and the Executive Office of the President's Office of Science and Technology Policy. SEC. 5. REQUIREMENT TO ESTABLISH A NATIONAL STOCKPILE FOR RARE EARTH MATERIALS. (a) In accordance with 50 U.S.C. 98 et seq., the Secretary of Defense shall commence the procurement of rare earth materials designated as ``critical'' in section 4 of this Act and place such rare earth materials in the national stockpile within one year after enactment of this Act. (b) The Defense Logistics Agency, Defense National Stockpile Center, shall serve as Administrator of the rare earth stockpile and shall issue an annual report to Congress describing which rare earth materials shall be added to or subtracted from the stockpile. (c) In accordance with section 98h-6 of title 50, United States Code, the Administrator shall purchase, or make a commitment to purchase, rare earth materials or for the processing or refining of rare earth materials, to support national defense and the economic needs of the United States. (d) Notwithstanding any other provision of law, for a period of five years after the date of enactment of this Act, the Administrator shall be authorized to purchase necessary rare earth materials from the People's Republic of China, if required to meet national security and economic needs of the United States. (e) Upon the joint determination of the Secretaries of Commerce, Defense, Energy, Interior, and State, in coordination with the United States Trade Representative and the Executive Office of the President's Office of Science and Technology Policy, that rare earth materials are no longer critical to supporting national defense or the economic well- being of the United States, the requirement to stockpile rare earth materials shall terminate by issuing a report of such determination to Congress. Such report shall be submitted to Congress no earlier than April 1, 2015. SEC. 6. ESTABLISHMENT OF FAIR MARKET CONDITIONS FOR THE REESTABLISHMENT OF A DOMESTIC RARE EARTH SUPPLY CHAIN. (a) Not later than 30 days after the enactment of the Act, the United States Trade Representative shall initiate a comprehensive review of international trade practices in the rare earth materials market. Such review shall include actions by foreign producers of rare earth elements, rare earth metals, rare earth alloys and components used in the defense or energy markets containing rare earth elements, as it relates to dumping, export quotas and other relevant mechanisms used to manipulate the rare earth market. (b) Upon completion of the review, the United States Trade Representative shall-- (1) initiate an action before the World Trade Organization; or (2) issue a report to Congress describing the results of the comprehensive review and why it was determined that international markets are free from market manipulation such as dumping or export quotas. SEC. 7. CONSIDERATION OF LOAN GUARANTEES FOR RARE EARTH SUPPLY-CHAIN DEVELOPMENT. Not later than 90 days after the enactment of the Act-- (1) the Secretaries of Commerce, Interior, and State shall issue a report to industry describing mechanisms for obtaining current and future year government loan guarantees to reestablish a domestic rare earth supply chain; (2) the Secretary of Defense shall issue guidance for the rare earth industry related to obtaining loan guarantees under 50 U.S.C. 98 and any other available mechanism for obtaining loan guarantees to support the reestablishment of mining, refining, alloying and manufacturing operations in the United States that will support the domestic defense supply chain; and (3) the Secretary of Energy shall issue guidance for the rare earth industry related to obtaining loan guarantees under the American Recovery and Reinvestment Act of 2009, Energy Efficiency and Renewable Energy sponsored programs and any other available mechanism for obtaining loan guarantees to support the reestablishment of mining, refining, alloying and manufacturing operations in the United States that will support the domestic supply chain. SEC. 8. DEFENSE PRODUCTION ACT PRIORITY FOR RARE EARTH SUPPLY-CHAIN DEVELOPMENT. (a) It is the sense of Congress that the urgent need to reintroduce a domestic rare earth supply chain warrants a prioritization of such Defense Production Act projects. The United States faces a shortage of key materials that form the backbone of both the defense and energy supply chains. (b) Not later than 180 days after the enactment of this Act, the Secretary of Defense shall issue a report describing past, current and future Defense Production Act projects to address the domestic rare earth supply chain. If no rare earth supply-chain Defense Production Act projects are in process or planned, the report shall justify the lack of action to support establishment of domestic rare earth supply- chain initiatives, particularly those to establish domestic manufacturing capability in critical segments of the rare earth market. SEC. 9. RESEARCH AND DEVELOPMENT TO SUPPORT THE DOMESTIC RARE EARTH SUPPLY CHAIN. It is the sense of Congress that, in order to reestablish the United States as the preeminent supplier of rare earth materials, components and associated technologies, there is a pressing need to support innovation, training and workforce development of the rare earth supply chain. Therefore, base budget funding should be provided by the Secretaries of Commerce, Defense, Energy, and Interior to fund academic institutions, Government laboratories, corporate research and development, not-for-profit research and development, and industry associations. SEC. 10. RESTRICTIONS. (a) Limitation on Divestment of Facilities Created.--No recipient of United States Government appropriated funds, for the purposes of supporting the reestablishment of a domestic rare earth supply chain, may divest resources funded, in whole or in part, to any foreign-owned or controlled entity without the concurrence of the Secretaries of Energy, Commerce, and Defense. (b) Enhancing National Security.--Any recipient of United States Government appropriated funds obtained in connection with the reestablishment of a domestic rare earth supply chain shall be subject to the restrictions of 10 U.S.C. 2538. In order to ensure the availability of rare earth materials for Department of Defense needs, this obligation extends to all materials sold by such recipients in the commercial marketplace. SEC. 11. DEFINITIONS. In this Act: (1) Rare earth.--The term ``rare earth'' means the chemical elements, all metals, beginning with lanthanum, atomic number 57, and including all of the natural chemical elements in the periodic table following lanthanum up to and including lutetium, element number 71. The definition shall further include the elements yttrium and scandium, which are usually found with the rare earth elements in nature. (2) Refine.--The reestablishment of a domestic rare earth element refinery capabilities within the United States whereby rare earths, once extracted from rock, are separated and purified to commercial grades of oxides or other salts such as oxalates or chlorides. (3) Process.--The support of heavy rare earth processing and production facilities capable of converting rare earth oxides into usable rare earth metals and specialty alloys and powders for domestic magnet and other manufacturing within the United States. (4) Produce.--The advancement of domestic manufacturing efforts of U.S. magnet producers and other domestic innovation industries that rely on rare earth materials. (5) Recycle.--The establishment of an initiative to recycle and strip used consumer products, and used or obsolete declassified military products, of rare earth elements and strategic magnets within the United States for eventual reuse by domestic manufacturers. (6) Stockpile.--The creation and maintenance of a ``strategic reserve'' of rare earth oxides, and storable forms of rare earth elements, and alloys for national defense purposes. (7) Alloy and alloying.--An alloy is a partial or complete solid solution of one or more elements in a metallic matrix. Alloying is the process of melting of metals to create the metallic matrix. (8) Sintering.--Sintering is a method for making objects from powder, by heating the material in a sintering furnace below its melting point (solid state sintering) until its particles adhere to each other.

Rare Earths Supply-Chain Technology and Resources Transformation Act of 2010 or the RESTART Act - Directs the Secretaries of Commerce, of Defense, of Energy, of the Interior, and of State to: (1) appoint an Executive Agent, at the Assistant Secretary level, to serve as a representative on an interagency working group to reestablish a competitive domestic rare earth supply chain; and (2) assess and report to Congress on the chain, determining which rare earth elements are critical to national and economic security. Directs the United States Trade Representative (USTR) and the Office of Science and Technology Policy also to appoint representation to such working group. Requires the Secretary of Defense to commence procurement of critical rare earth materials and place them in a national stockpile, and the Defense Logistics Agency, Defense National Stockpile Center to serve as Administrator of the stockpile. Authorizes the Administrator, if necessary to meet U.S. national security and economic needs, to purchase rare earth materials from the People's Republic of China. Instructs the USTR to: (1) initiate and report to Congress on a comprehensive review of international trade practices in the rare earth materials market; or (2) initiate an action before the World Trade Organization (WTO) as a result of the review. Directs the Secretaries of Commerce, of the Interior, and of State to report to the domestic rare earth industry about mechanisms for obtaining government loan guarantees to reestablish a domestic rare earth supply chain. Directs the Secretaries of Defense and of Energy to issue guidance for the industry related to obtaining such loan guarantees. Expresses the sense of Congress regarding a prioritization of Defense Production Act projects with respect to the domestic rare earth supply chain.

To reestablish a competitive domestic rare earths minerals production industry; a domestic rare earth processing, refining, purification, and metals production industry; a domestic rare earth metals alloying industry; and a domestic rare earth based magnet production industry and supply chain in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21\st\ Century Worker Tax Cut Act''. SEC. 2. CREDIT FOR DUAL-EARNER FAMILIES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. DUAL-EARNER FAMILIES. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, 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 lesser of-- ``(1) $10,000, or ``(2) the earned income of the spouse with the lower amount of earned income for such taxable year. ``(b) Limitation.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount determined under subsection (a) (as determined without regard to this subsection) as the amount of the taxpayer's excess adjusted gross income bears to $20,000. ``(c) Definitions.--In this section: ``(1) Earned income.--The term `earned income' has the same meaning given such term in section 32(c)(2). ``(2) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means a taxpayer who-- ``(i) files a joint return for the taxable year under section 6013, and ``(ii) has at least 1 qualifying child (as defined in section 152(c)) who has not attained 12 years of age before the close of the taxable year. ``(3) Excess adjusted gross income.--The term `excess adjusted gross income' means the amount of the eligible taxpayer's adjusted gross income (as defined in section 62, determined without regard to this section) that exceeds $110,000 for the taxable year. ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2016, each of the dollar amounts in subsections (a)(1) and (c)(3) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any dollar amount in subsection (a)(1) or (c)(3), after being increased under paragraph (1), is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000. ``(e) Additional Eligibility Requirements.-- ``(1) Individual claiming benefits under section 911.--No credit shall be allowed under this section if an individual (or the individual's spouse) claims the benefits of section 911 for the taxable year. ``(2) Non-resident aliens.--No credit shall be allowed under this section if an individual (or the individual's spouse) is a nonresident alien individual for any portion of the taxable year unless such individual is treated for such taxable year as a resident of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(3) Identification number requirement.--No credit shall be allowed under this section if the eligible taxpayer does not include on the joint return of tax for the taxable year-- ``(A) the taxpayer identification number of the individual and the individual's spouse, and ``(B) the name, age, and taxpayer identification number of any qualifying children. ``(f) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of an individual, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.''. (b) Enhancement of Earned Income Tax Credit.--Section 32 of such Code is amended-- (1) in subsection (a)(2)(B), by striking ``earned income'' and inserting ``modified earned income (as defined in subsection (c)(5))'', and (2) in subsection (c), by adding at the end the following new paragraph: ``(5) Modified earned income.--The term `modified earned income' means an amount equal to the earned income of the taxpayer minus an amount equal to the product of-- ``(A) the amount of any credit allowed to the taxpayer under section 25E for the taxable year, multiplied by ``(B) 10.''. (c) Conforming Amendment.--The table of sections for subpart A 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 25D the following: ``Sec. 25E. Dual-earner families.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

21st Century Worker Tax Cut Act This bill allows a married taxpayer who files a joint tax return and has at least one qualifying child under the age of 12 a tax credit for 10% of the lesser of $10,000 or the earned income of the spouse with the lower amount of earned income for the taxable year. The credit is denied to nonresident aliens and to taxpayers who fail to include certain identifying information on their tax returns.

21 st Century Worker Tax Cut Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Application Privacy, Protection, and Security Act of 2013'' or the ``APPS Act of 2013''. SEC. 2. TRANSPARENCY, USER CONTROL, AND SECURITY. (a) Consent to Terms and Conditions.-- (1) In general.--Before a mobile application collects personal data about a user of the application, the developer of the application shall-- (A) provide the user with notice of the terms and conditions governing the collection, use, storage, and sharing of the personal data; and (B) obtain the consent of the user to such terms and conditions. (2) Required content.--The notice required by paragraph (1)(A) shall include the following: (A) The categories of personal data that will be collected. (B) The categories of purposes for which the personal data will be used. (C) The categories of third parties with which the personal data will be shared. (D) A data retention policy that governs the length for which the personal data will be stored and the terms and conditions applicable to storage, including a description of the rights of the user under subsection (b) and the process by which the user may exercise such rights. (3) Additional specifications and flexibility.--The Commission shall by regulation specify the format, manner, and timing of the notice required by paragraph (1)(A). In promulgating the regulations, the Commission shall consider how to ensure the most effective and efficient communication to the user regarding the treatment of personal data. (4) Direct access to data by third parties.--For purposes of this Act, if the developer of a mobile application allows a third party to access personal data collected by the application, such personal data shall be considered to be shared with the third party, whether or not such personal data are first transmitted to the developer. (b) Withdrawal of Consent.--The developer of a mobile application shall-- (1) provide a user of the application with a means of-- (A) notifying the developer that the user intends to stop using the application; and (B) requesting the developer-- (i) to refrain from any further collection of personal data through the application; and (ii) at the option of the user, either-- (I) to the extent practicable, to delete any personal data collected by the application that is stored by the developer; or (II) to refrain from any further use or sharing of such data; and (2) within a reasonable and appropriate time after receiving a request under paragraph (1)(B), comply with such request. (c) Security of Personal Data and De-Identified Data.--The developer of a mobile application shall take reasonable and appropriate measures to prevent unauthorized access to personal data and de- identified data collected by the application. (d) Exception.--Nothing in this Act prohibits the developer of a mobile application from disclosing or preserving personal data or de- identified data as required by-- (1) other Federal law (including a court order); or (2) except as provided in section 6, the law of a State or a political subdivision of a State (including a court order). SEC. 3. APPLICATION AND ENFORCEMENT. (a) General Application.--The requirements of this Act and the regulations promulgated under this Act apply, according to their terms, to those persons, partnerships, and corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (b) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce this Act and the regulations promulgated under 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 this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Actions by States.-- (1) In general.--In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act or a regulation promulgated under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to-- (A) enjoin such act or practice; (B) enforce compliance with this Act or such regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice.--Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Authority of commission.-- (A) In general.--On receiving notice under paragraph (2) of an action under this subsection, 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 or the Attorney General of the United States has instituted a civil action for violation of this Act or a regulation promulgated under this Act (referred to in this subparagraph as the ``Federal action''), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of this Act or such regulation alleged in such complaint. (4) Rule of construction.--For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. SEC. 4. REGULATIONS. Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to implement and enforce this Act. SEC. 5. SAFE HARBOR. (a) In General.--The developer of a mobile application may satisfy the requirements of this Act and the regulations promulgated under this Act by adopting and following a code of conduct for consumer data privacy (insofar as such code relates to data collected by a mobile application) that-- (1) was developed in a multistakeholder process convened by the National Telecommunications and Information Administration, as described in the document issued by the President on February 23, 2012, entitled ``Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy''; and (2) the Commission has approved as meeting the requirements of the regulations promulgated under section 4. (b) Regulations.--The Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to govern the consideration and approval of codes of conduct under subsection (a)(2). SEC. 6. RELATIONSHIP TO STATE LAW. This Act and the regulations promulgated under this Act supercede a provision of law of a State or a political subdivision of a State only to the extent that such provision-- (1) conflicts with this Act or such regulations, as determined without regard to section 2(d)(2); (2) specifically relates to the treatment of personal data or de-identified data; and (3) provides a level of transparency, user control, or security in the treatment of personal data or de-identified data that is less than the level provided by this Act and such regulations. SEC. 7. PRESERVATION OF FTC AUTHORITY. Nothing in this Act may be construed in any way to limit or affect the authority of the Commission under any other provision of law. SEC. 8. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) De-identified data.--The term ``de-identified data'' means data that cannot reasonably be used to identify or infer information about, or otherwise be linked to, a particular individual or mobile device, as determined with a reasonable level of justified confidence based on the available methods and technologies, the nature of the data at issue, and the purposes for which the data will be used. (3) Developer.--The term ``developer'' shall have the meaning given such term by the Commission by regulation. (4) Mobile application.--The term ``mobile application'' means a software program that-- (A) runs on the operating system of a mobile device; and (B) collects data from a user. (5) Mobile device.--The term ``mobile device'' means a smartphone, tablet computer, or similar portable computing device that transmits data over a wireless connection. (6) Personal data.--The term ``personal data'' shall have the meaning given such term by the Commission by regulation, except that such term shall not include de-identified data. (7) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (8) Third party.--The term ``third party'' means, with respect to the developer of an application, an entity that holds itself out to the public as separate from the developer such that a user of the application acting reasonably under the circumstances would not expect the entity to be related to the developer or to have access to personal data the user provides to the developer. Such term includes an affiliate of the developer unless the affiliation is reasonably clear to users of the application. SEC. 9. EFFECTIVE DATE. This Act shall apply with respect to any collection, use, storage, or sharing of personal data or de-identified data that occurs after the date that is 30 days after the promulgation of final regulations under section 4.

Application Privacy, Protection, and Security Act of 2013 or the APPS Act of 2013 - Directs mobile device application developers, before the application collects personal data about the user, to notify the user and obtain the user's consent regarding the terms and conditions governing the collection, use, storage, and sharing of such personal data. Excludes from such notice and consent requirements any "de-identified data" that cannot reasonably be used to identify or infer information about, or otherwise be linked to, a particular individual or mobile device, as determined with a reasonable level of justified confidence based on the available methods and technologies, the nature of the data at issue, and the purposes for which the data will be used. Requires developers to: (1) provide users with a method to withdraw such consent and to request that the developer delete personal data or refrain from further data collection or sharing, and (2) take measures to prevent unauthorized access to personal and de-identified data. Requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Directs the Federal Trade Commission (FTC) to promulgate regulations to implement and enforce this Act. Authorizes states to bring civil actions in federal court on behalf of affected state residents. Declares that nothing in this Act prohibits a developer from disclosing or preserving personal data or de-identified data as required by other federal laws or, except when superceded by this Act, the laws of a state or political subdivision, including court orders. Permits a developer to satisfy the requirements of this Act by adopting and following a code of conduct for consumer data privacy that: (1) was developed in a multistakeholder process convened by the National Telecommunications and Information Administration (NTIA), as described in the document issued by the President on February 23, 2012, entitled Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy; and (2) is approved pursuant to FTC regulations.

APPS Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackfoot River Land Settlement Act of 2010''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) it is the policy of the United States to promote tribal self-determination and economic self-sufficiency and encourage the resolution of disputes over historical claims through mutually agreed-upon settlements between Indian tribes and the United States; (2) the Shoshone-Bannock Tribes, a federally recognized Indian tribe with tribal headquarters at Fort Hall, Idaho-- (A) adopted a tribal constitution and bylaws on March 31, 1936, that were approved by the Secretary of the Interior on April 30, 1936, pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization Act''); (B) has entered into various treaties with the United States, including the Second Treaty of Fort Bridger, executed on July 3, 1868; and (C) has maintained a continuous government-to- government relationship with the United States since the earliest years of the Union; (3)(A) in 1867, President Andrew Johnson designated by Executive order the Fort Hall Reservation for various bands of Shoshone and Bannock Indians; (B) the Reservation is located near the cities of Blackfoot and Pocatello in southeastern Idaho; and (C) article 4 of the Second Treaty of Fort Bridger secured the Reservation as a ``permanent home'' for the Shoshone- Bannock Tribes; (4)(A) according to the Executive order referred to in paragraph (3)(A), the Blackfoot River, as the river existed in its natural state-- (i) is the northern boundary of the Reservation; and (ii) flows in a westerly direction along that northern boundary; and (B) within the Reservation, land use in the River watershed is dominated by-- (i) rangeland; (ii) dry and irrigated farming; and (iii) residential development; (5)(A) in 1964, the Corps of Engineers completed a local flood protection project on the River-- (i) authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 170); and (ii) sponsored by the Blackfoot River Flood Control District No. 7; (B) the project consisted of building levees, replacing irrigation diversion structures, replacing bridges, and channel realignment; and (C) the channel realignment portion of the project severed various parcels of land located contiguous to the River along the boundary of the Reservation, resulting in Indian land being located north of the Realigned River and non-Indian land being located south of the Realigned River; (6) beginning in 1999, the Cadastral Survey Office of the Bureau of Land Management conducted surveys of-- (A) 25 parcels of Indian land; and (B) 19 parcels of non-Indian land; (7) in 1988, many non-Indian landowners and non-Indians acquiring Indian land filed claims in the Snake River Basin Adjudication seeking water rights that included a place of use on Indian land; and (8) the enactment of this Act and the distribution of funds in accordance with section 12(b) would represent an agreement among-- (A) the Tribes; (B) the allottees; (C) the non-Indians acquiring Indian land; and (D) the non-Indian landowners. (b) Purposes.--The purposes of this Act are-- (1) to resolve the disputes resulting from realignment of the River by the Corps of Engineers during calendar year 1964 pursuant to the project described in subsection (a)(5)(A); and (2) to achieve a fair, equitable, and final settlement of all claims and potential claims arising from those disputes. SEC. 3. DEFINITIONS. In this Act: (1) Allottee.--The term ``allottee'' means an heir of an original allottee of the Reservation who owns an interest in a parcel of land that is-- (A) held in trust by the United States for the benefit of the Tribes or allottee; and (B) located north of the Realigned River within the exterior boundaries of the Reservation. (2) Indian land.--The term ``Indian land'' means any parcel of land that is-- (A) held in trust by the United States for the benefit of the Tribes or the allottees; (B) located north of the Realigned River; and (C) identified in exhibit C of the survey of the Bureau of Land Management titled ``Survey of the Blackfoot River of 2002 to 2005'', which is located at-- (i) the Fort Hall Indian Agency office of the Bureau of Indian Affairs; and (ii) the Blackfoot River Flood Control District No. 7, 75 East Judicial, Blackfoot, Idaho. (3) Non-indian acquiring indian land.--The term ``non- Indian acquiring Indian land'' means any individual or entity that-- (A) has acquired or plans to acquire Indian land; and (B) is included on the list in exhibit C of the survey referred to in paragraph (2)(C). (4) Non-indian land.--The term ``non-Indian land'' means any parcel of fee land that is-- (A) located south of the Realigned River; and (B) identified in exhibit B of the survey referred to in paragraph (2)(C). (5) Non-indian landowner.--The term ``non-Indian landowner'' means any individual who holds fee title to non- Indian land. (6) Realigned river.--The term ``Realigned River'' means that portion of the River that was realigned by the Corps of Engineers during calendar year 1964 pursuant to the project described in section 2(a)(5). (7) Reservation.--The term ``Reservation'' means the Fort Hall Reservation established by Executive order during calendar year 1867. (8) River.--The term ``River'' means the Blackfoot River located in the State of Idaho. (9) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (10) Tribes.--The term ``Tribes'' means the Shoshone- Bannock Tribes. SEC. 4. EXTINGUISHMENT OF CLAIMS AND TITLE. Except as provided in sections 5 and 6, effective beginning on the date on which the amounts appropriated pursuant to section 12 are distributed in accordance with that section, all claims and all past, present, and future right, title, and interest in and to the Indian land and non-Indian land shall be extinguished. SEC. 5. LAND TO BE PLACED INTO TRUST FOR TRIBES. Effective beginning on the date on which the amounts appropriated pursuant to section 12 are distributed in accordance with that section to the Blackfoot River Flood Control District No. 7, the non-Indian land shall be considered to be held in trust by the United States for the benefit of the Tribes. SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND. Effective beginning on the date on which the amounts appropriated pursuant to section 12 are distributed in accordance with that section to the tribal trust fund account and the allottee trust account, the Indian land shall be transferred to the Blackfoot River Flood Control District No. 7 for conveyance to the non-Indians acquiring Indian land. SEC. 7. TRIBAL TRUST FUND ACCOUNT AND ALLOTTEE TRUST ACCOUNT. (a) Tribal Trust Fund Account.-- (1) Establishment.--There is established in the Treasury of the United States an account, to be known as the ``tribal trust fund account'', consisting of such amounts as are deposited in the account under section 12(b)(1). (2) Investment.--The Secretary of the Treasury shall invest amounts in the tribal trust fund account for the benefit of the Tribes, in accordance with applicable laws and regulations. (3) Distribution.--The Secretary of the Treasury shall distribute amounts in the tribal trust fund account to the Tribes pursuant to a budget adopted by the Tribes that describes-- (A) the amounts required by the Tribes; and (B) the intended uses of the amounts, in accordance with paragraph (4). (4) Use of funds.--The Tribes may use amounts in the tribal trust fund account (including interest earned on those amounts), without fiscal year limitation, for activities relating to-- (A) construction of a natural resources facility; (B) water resources needs; (C) economic development; (D) land acquisition; and (E) such other purposes as the Tribes determine to be appropriate. (b) Allottee Trust Account.-- (1) Establishment.--There is established in the Treasury of the United States an account, to be known as the ``allottee trust account'', consisting of such amounts as are deposited in the account under section 12(b)(2). (2) Deposit into iims.--Not later than 60 days after the date on which amounts are deposited in the allottee trust account under section 12(b)(2), the Secretary of the Treasury shall deposit the amounts into individual Indian money accounts for the allottees. (3) Investment.--The Secretary of the Treasury shall invest amounts in the individual Indian money accounts under paragraph (2) in accordance with applicable laws and regulations. SEC. 8. ATTORNEYS FEES. (a) In General.--Subject to subsection (b), of the amounts appropriated pursuant to section 12(a), the Secretary shall pay to the attorneys of the Tribes and the non-Indian landowners such attorneys fees as are approved by the Tribes and the non-Indian landowners. (b) Limitation.--The total amount of attorneys fees paid by the Secretary under subsection (a) shall not exceed 2 percent of the amounts distributed to the Tribes, allottees, and the non-Indian landowners under section 12(b). SEC. 9. EFFECT ON ORIGINAL RESERVATION BOUNDARY. Nothing in this Act affects the original boundary of the Reservation, as established by Executive order during calendar year 1867 and confirmed by treaty during calendar year 1868. SEC. 10. EFFECT ON TRIBAL WATER RIGHTS. Nothing in this Act extinguishes or conveys any water right of the Tribes, as established in the agreement entitled ``1990 Fort Hall Indian Water Rights Agreement'' and ratified by section 4 of the Fort Hall Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat. 3060). SEC. 11. DISCLAIMERS REGARDING CLAIMS. Nothing in this Act-- (1) affects in any manner the sovereign claim of the State of Idaho to title in and to the beds and banks of the River under the equal footing doctrine of the Constitution of the United States; (2) affects any action by the State of Idaho to establish that title under section 2409a of title 28, United States Code (commonly known as the ``Quiet Title Act''); (3) affects the ability of the Tribes or the United States to claim ownership of the beds and banks of the River; or (4) extinguishes or conveys any water rights of non-Indian landowners or the claims of the landowners to water rights in the Snake River Basin Adjudication. SEC. 12. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $1,000,000. (b) Distribution.--After the date on which all attorneys fees are paid under section 8, the amount appropriated pursuant to subsection (a) shall be distributed among the Tribes, the allottees, and the Blackfoot River Flood Control District No. 7 as follows: (1) 28 percent shall be deposited into the tribal trust fund account established by section 7(a)(1). (2) 25 percent shall be deposited into the allottee trust account established by section 7(b)(1). (3) 47 percent shall be provided to the Blackfoot River Flood Control District No. 7 for-- (A) distribution to the non-Indian landowners on a pro rata, per-acre basis; and (B) associated administrative expenses. (c) Per Capita Payments Prohibited.--No amount received by the Tribes under this Act shall be distributed to a member of the Tribes on a per capita basis. SEC. 13. EFFECTIVE DATE. This Act takes effect on the date on which the amount described in section 12(a) is appropriated.

Blackfoot River Land Settlement Act of 2010- Extinguishes all claims and all right, title, and interest in and to specified Indian and non-Indian land with respect to resolution of the disputes within the Fort Hall Indian Reservation of the Shoshone and Bannock Indian Tribes located in Idaho, resulting from the realignment of the Blackfoot River by the Corps of Engineers in 1964. Requires the non-Indian land to be held in trust for the Tribes. Transfers the Indian land to Blackfoot River Flood Control District No. 7 for conveyance to the non-Indians acquiring Indian land. Establishes a tribal trust fund account from which amounts shall be distributed to the Tribes, which they may use for activities related to: (1) construction of a natural resources facility; (2) water resources needs; (3) economic development; and (4) land acquisition. Establishes an allottee trust account into which amounts shall be deposited into individual Indian money accounts for the allottees. Requires the Secretary of the Interior to pay to the Tribes and the non-Indian landowners such attorneys fees as are approved by them. Limits the total amount of such fees to be paid to 2% of the amounts distributed to the Tribes, allottees, and the non-Indian landowners.

To settle land claims within the Fort Hall Reservation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Report Card Act of 1997''. SEC. 2. ANNUAL REPORT CARD ON STATE PERFORMANCE IN PROTECTING CHILDREN. (a) In General.--Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the following: ``SEC. 479A. ANNUAL REPORT CARD. ``(a) In General.--The Secretary shall issue an annual report card containing ratings of the performance of each State in protecting children who are placed for adoption, in foster care, or with a guardian, in the State. The report card shall include ratings on outcome measures for categories related to the family conditions of the children. ``(b) Outcome Measures.-- ``(1) In general.--The Secretary shall develop, after consulting with child advocacy organizations, a set of outcome measures to be used in preparing the report card. ``(2) Categories.--In developing the outcome measures, the Secretary shall develop measures for categories relating to-- ``(A) the number of placements for adoption, in foster care, or with a guardian; ``(B) the number of children who leave foster care at the age of majority without having been adopted or placed with a guardian; ``(C) the median and mean length of stay in foster care; ``(D) the median and mean length of time between the availability of a child for adoption and the adoption of the child; ``(E) the median and mean length of time between the beginning of foster care for a child and the finalization of a placement plan for the child by the agency involved; ``(F) the number of children in foster care, specifying, in the case of a child in foster care who is a child with special needs, each factor or condition that makes the child a child with special needs (including the age and ethnicity of the child), as determined by the State in accordance with section 473(c); ``(G) the average annual costs for a child in foster care, and costs for any alternative living arrangements for a child who would otherwise be in foster care and how there costs are allocated; ``(H) the median and average length of time required to terminate parental rights for a child after the child enters foster care; ``(I) the number of parents whose parental rights have been terminated; ``(J) the number of children that are affected due to the termination of parental rights; ``(K) the median and average length of time required to place a child for adoption once parental rights are terminated for the child; ``(L) the average number of times a child is placed in foster care before the child is permanently adopted and the number of placements the child experiences; and ``(M) the number of deaths of children in foster care, and substantiated cases of abuse or neglect among children in foster care. ``(3) Measures.--In developing the outcome measures, the Secretary shall use measures from the Adoption and Foster Care Analysis and Reporting System established under section 479 to the maximum extent possible. ``(c) Rating System.--The Secretary shall develop a system (including using State census data and poverty rates) to rate the performance of each State based on the outcome measures. ``(d) Information.--In order to receive funds under this part, a State shall annually provide to the Secretary such adoption, foster care, and guardianship information as the Secretary may determine to be necessary to issue the report card for the State. ``(e) Preparation and Issuance.--On October 1, 1998, and annually thereafter, the Secretary shall prepare, submit to Congress, and issue to the States the report card described in subsection (a). Each report card shall rate the performance of a State on each outcome measure developed under subsection (b), include an explanation of the rating system developed under subsection (c) and the way in which scores are determined under the rating system, analyze high and low performances for the State, and make recommendations to the State for improvement.''. (b) Conforming Amendments.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) (as added by section 1808(a) of the Small Business Job Protection Act of 1996 (Public Law 104-188; 110 Stat. 1903)) and inserting ``; and''; (3) by redesignating paragraph (18) (as added by section 505(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2278)) as paragraph (19); and (4) by adding at the end the following: ``(20) provides that the State shall annually provide to the Secretary the information required under section 479A.''.

Adoption Report Card Act of 1997 - Amends Part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to instruct the Secretary of Health and Human Services to: (1) issue an annual report card containing each State's performance rating (including a performance analysis) with respect to protecting children placed for adoption, in foster care, or with a guardian; and (2) develop, for use in preparing such report card, a set of outcome measures for specified categories related to the family conditions of such children.

Adoption Report Card of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``American History and Civics Education Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) American history and civics.--The term ``American history and civics'' means the key events, key persons, key ideas, and key documents that shaped the institutions and democratic heritage of the United States. (2) Chairperson.--The term ``Chairperson'' means the Chairperson of the National Endowment for the Humanities. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Key documents.--The term ``key documents'' means the documents that established or explained the foundational principles of democracy in the United States, including the United States Constitution and the amendments to the Constitution (particularly the Bill of Rights), the Declaration of Independence, the Federalist Papers, and the Emancipation Proclamation. (5) Key events.--The term ``key events'' means the critical turning points in the history of the United States (including the American Revolution, the Civil War, the world wars of the twentieth century, the civil rights movement, and the major court decisions and legislation) that contributed to extending the promise of democracy in American life. (6) Key ideas.--The term ``key ideas'' means the ideas that shaped the democratic institutions and heritage of the United States, including the notion of equal justice under the law, freedom, individualism, human rights, and a belief in progress. (7) Key persons.--The term ``key persons'' means the men and women who led the United States as founding fathers, elected officials, scientists, inventors, pioneers, advocates of equal rights, entrepreneurs, and artists. (8) Nonprofit educational institution.--The term ``nonprofit educational institution''-- (A) means-- (i) an institution of higher education; or (ii) a nonprofit educational research center; and (B) includes a consortium of entities described in subparagraph (A). (9) State.--The term ``State'' means each of the 50 States and the District of Columbia. SEC. 3. PRESIDENTIAL ACADEMIES FOR TEACHING OF AMERICAN HISTORY AND CIVICS. (a) Establishment.--From amounts appropriated under subsection (j), the Chairperson shall award grants, on a competitive basis, to nonprofit educational institutions to establish Presidential Academies for Teaching of American History and Civics (in this section referred to as ``Academies'') that shall offer workshops for teachers of American history and civics-- (1) to learn how better to teach the subjects of American history and civics; and (2) to strengthen such teachers' knowledge of such subjects. (b) Application.-- (1) In general.--A nonprofit educational institution that desires to receive a grant under this section shall submit an application to the Chairperson at such time, in such manner, and containing such information as the Chairperson may require. (2) Contents.--An application submitted under paragraph (1) shall-- (A) include the criteria the nonprofit educational institution intends to use to determine which teachers will be selected to attend workshops offered by the Academy; (B) identify the individual the nonprofit educational institution intends to appoint to be the primary professor at the Academy; and (C) include a description of the curriculum to be used at workshops offered by the Academy. (c) Number of Grants.--Except as provided in subsection (e)(2)(B), the Chairperson shall award not more than 12 grants to different nonprofit educational institutions under this section. (d) Distribution.--In awarding grants under this section, the Chairperson shall ensure that such grants are equitably distributed among the geographical regions of the United States. (e) Grant Terms.-- (1) In general.--Grants awarded under this section shall be for a term of 2 years. (2) Grants after first two years.--Upon completion of the first 2-year grant term, the Chairperson shall-- (A) renew a grant awarded under this section to a nonprofit educational institution for one more term of 2 years; or (B) award a new grant to a nonprofit educational institution having an application approved under this section for a term of 2 years, notwithstanding the 12 grant award maximum under subsection (c). (f) Use of Funds.-- (1) Workshops.-- (A) In general.--A nonprofit educational institution that receives a grant under this section shall establish an Academy that shall offer a workshop during the summer, or during another appropriate time, for kindergarten through grade 12 teachers of American history and civics-- (i) to learn how better to teach the subjects of American history and civics; and (ii) to strengthen such teachers' knowledge of such subjects. (B) Duration of workshop.--A workshop offered pursuant to this section shall be approximately 2 weeks in duration. (2) Academy staff.-- (A) Primary professor.--Each Academy shall be headed by a primary professor identified in the application submitted under subsection (b) who shall-- (i) be accomplished in the field of American history and civics; and (ii) design the curriculum for and lead the workshop. (B) Core teachers.--Each primary professor shall appoint an appropriate number of core teachers. At the direction of the primary professor, the core teachers shall teach and train the workshop attendees. (3) Selection of teachers.-- (A) In general.-- (i) Number of teachers.--Each year, each Academy shall select approximately 300 kindergarten through grade 12 teachers of American history and civics to attend the workshop offered by the Academy. (ii) Flexibility in number of teachers.--An Academy may select more than or fewer than 300 teachers depending on the population in the region where the Academy is located. (B) Teachers from same region.--In selecting teachers to attend a workshop, an Academy shall select primarily teachers who teach in schools located in the region where the Academy is located. (C) Teachers from public and private schools.--An Academy may select teachers from public schools and private schools to attend the workshop offered by the Academy. (g) Costs.-- (1) In general.--Except as provided in paragraph (2), a teacher who attends a workshop offered pursuant to this section shall not incur costs associated with attending the workshop, including costs for meals, lodging, and materials while attending the workshop. (2) Travel costs.--A teacher who attends a workshop offered pursuant to this section shall use non-Federal funds to pay for such teacher's costs of transit to and from the Academy. (h) Evaluation.--Not later than 90 days after completion of all of the workshops assisted in the third year grants are awarded under this section, the Chairperson shall conduct an evaluation to-- (1) determine the overall success of the grant program authorized under this section; and (2) highlight the best grantees' practices in order to become models for future grantees. (i) Non-Federal Funds.--A nonprofit educational institution receiving Federal assistance under this section may contribute non- Federal funds toward the costs of operating the Academy. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2004 through 2007. SEC. 4. CONGRESSIONAL ACADEMIES FOR STUDENTS OF AMERICAN HISTORY AND CIVICS. (a) Establishment.--From amounts appropriated under subsection (j), the Chairperson shall award grants, on a competitive basis, to nonprofit educational institutions to establish Congressional Academies for Students of American History and Civics (in this section referred to as ``Academies'') that shall offer workshops for outstanding students of American history and civics to broaden and deepen such students' understanding of American history and civics. (b) Application.-- (1) In general.--A nonprofit educational institution that desires to receive a grant under this section shall submit an application to the Chairperson at such time, in such manner, and containing such information as the Chairperson may require. (2) Contents.--An application submitted under paragraph (1) shall-- (A) include the criteria the nonprofit educational institution intends to use to determine which students will be selected to attend workshops offered by the Academy; (B) identify the individual the nonprofit educational institution intends to appoint to be the primary professor at the Academy; and (C) include a description of the curriculum to be used at workshops offered by the Academy. (c) Number of Grants.--Except as provided in subsection (e)(2)(B), the Chairperson shall award not more than 12 grants to different nonprofit educational institutions under this section. (d) Distribution.--In awarding grants under this section, the Chairperson shall ensure that such grants are equitably distributed among the geographical regions of the United States. (e) Grant Terms.-- (1) In general.--Grants awarded under this section shall be for a term of 2 years. (2) Grants after first two years.--Upon completion of the first 2-year grant term, the Chairperson shall-- (A) renew a grant awarded under this section to a nonprofit educational institution for one more term of 2 years; or (B) award a new grant to a nonprofit educational institution having an application approved under this section for a term of 2 years, notwithstanding the 12 grant award maximum under subsection (c). (f) Use of Funds.-- (1) Workshops.-- (A) In general.--A nonprofit educational institution that receives a grant under this section shall establish an Academy that shall offer a workshop during the summer, or during another appropriate time, for outstanding students of American history and civics to broaden and deepen such students' understanding of American history and civics. (B) Duration of workshop.--A workshop offered pursuant to this section shall be approximately 4 weeks in duration. (2) Academy staff.-- (A) Primary professor.--Each Academy shall be headed by a primary professor identified in the application submitted under subsection (b) who shall-- (i) be accomplished in the field of American history and civics; and (ii) design the curriculum for and lead the workshop. (B) Core teachers.--Each primary professor shall appoint an appropriate number of core teachers. At the direction of the primary professor, the core teachers shall teach the workshop attendees. (3) Selection of students.-- (A) In general.-- (i) Number of students.--Each year, each Academy shall select approximately 300 eligible students to attend the workshop offered by the Academy. (ii) Flexibility in number of students.--An Academy may select more than or fewer than 300 eligible students depending on the population in the region where the Academy is located. (B) Eligible students.--A student shall be eligible to attend a workshop offered by an Academy if the student-- (i) is recommended by the student's secondary school principal (or other head of such student's secondary school) to attend the workshop; and (ii) will be a junior or senior in a public or private secondary school in the academic year following attendance at the workshop. (C) Students from same region.--In selecting students to attend a workshop, an Academy shall select primarily students who attend secondary schools located in the region where the Academy is located. (g) Costs.-- (1) In general.--Except as provided in paragraph (2), a student who attends a workshop offered pursuant to this section shall not incur costs associated with attending the workshop, including costs for meals, lodging, and materials while attending the workshop. (2) Travel costs.--A student who attends a workshop offered pursuant to this section shall use non-Federal funds to pay for such student's costs of transit to and from the Academy. (h) Evaluation.--Not later than 90 days after completion of all of the workshops assisted in the third year grants are awarded under this section, the Chairperson shall conduct an evaluation to-- (1) determine the overall success of the grant program authorized under this section; and (2) highlight the best grantees' practices in order to become models for future grantees. (i) Non-Federal Funds.--A nonprofit educational institution receiving Federal assistance under this section may contribute non- Federal funds toward the costs of operating the Academy. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $14,000,000 for each of fiscal years 2004 through 2007. SEC. 5. NATIONAL ALLIANCE OF TEACHERS OF AMERICAN HISTORY AND CIVICS. (a) Establishment.-- (1) In general.--From amounts appropriated under subsection (e), the Chairperson shall award a grant to an organization for the creation of a national alliance of elementary school and secondary school teachers of American history and civics. (2) Purpose.--The purpose of the national alliance is-- (A) to facilitate the sharing of ideas among teachers of American history and civics; and (B) to encourage best practices in the teaching of American history and civics. (b) Application.--An organization that desires to receive a grant under this section shall submit an application to the Chairperson at such time, in such manner, and containing such information as the Chairperson may require. (c) Grant Term.--A grant awarded under this section shall be for a term of 2 years and may be renewed after the initial term expires. (d) Use of Funds.--An organization that receives a grant under this section may use the grant funds for any of the following: (1) Creation of a website on the Internet to facilitate discussion of new ideas on improving American history and civics education. (2) Creation of in-State chapters of the national alliance, to which individual teachers of American history and civics may belong, that sponsors American history and civics activities for such teachers in the State. (3) Seminars, lectures, or other events focused on American history and civics, which may be sponsored in cooperation with, or through grants awarded to, libraries, States' humanities councils, or other appropriate entities. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2004 through 2007.

American History and Civics Education Act of 2003 - Directs the Chairperson of the National Endowment for the Humanities (NEH) to award competitive grants to nonprofit educational institutions to establish: (1) Presidential Academies for Teaching of American History and Civics to offer workshops for teachers of American history and civics; and (2) Congressional Academies for Students of American History and Civics to offer workshops for outstanding students of American history and civics.Directs the NEA Chairperson to award a grant to an organization for the creation of a national alliance of elementary school and secondary school teachers of American history and civics.

To establish academies for teachers and students of American history and civics and a national alliance of teachers of American history and civics, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercializing Small Business Research and Development Act''. SEC. 2. FOCUS ON COMMERCIALIZATION. Section 9(a) of the Small Business Act (15 U.S.C. 638(a)) is amended by adding at the end the following: ``It is further the policy of Congress that the programs established in this section should focus on promoting research and development of projects governed by commercial business plans, which have significant potential to produce products or services for the marketplace or for acquisition by Federal agencies.''. SEC. 3. INCLUSION OF ENERGY-RELATED RESEARCH TOPICS AND RARE DISEASE- RELATED RESEARCH TOPICS AS DESERVING ``SPECIAL CONSIDERATION'' AS SBIR RESEARCH TOPICS. Section 9(g)(3) of the Small Business Act (15 U.S.C. 638(g)(3)) is amended-- (1) in the matter preceding subparagraph (A) by inserting after ``critical technologies'' the following: ``or pressing research priorities''; (2) at the end of subparagraph (A) by striking ``or''; and (3) by adding at the end the following: ``(C) the National Academy of Sciences, in the final report issued by the `America's Energy Future: Technology Opportunities, Risks, and Tradeoffs' project, and in subsequent reports issued by the National Academy of Sciences on sustainability, energy, and alternative fuels; ``(D) the National Institutes of Health, in the annual report on the rare diseases research activities of the National Institutes of Health for fiscal year 2005, and in subsequent reports issued by the National Institutes of Health on rare diseases research activities; or ``(E) the National Academy of Sciences, in the final report issued by the `Transit Research and Development: Federal Role in the National Program' project and the `Transportation Research, Development and Technology Strategic Plan (2006-2010)' issued by the United States Department of Transportation Research and Innovative Technology Administration, and in subsequent reports issued by the National Academy of Sciences and United States Department of Transportation on transportation and infrastructure;''. SEC. 4. NANOTECHNOLOGY-RELATED RESEARCH TOPICS. (a) SBIR.--Section 9(g)(3) of the Small Business Act (15 U.S.C. 638(g)(3)), as amended, is further amended-- (1) at the end of subparagraph (D) by striking ``or''; (2) at the end of subparagraph (E) by adding ``or''; and (3) by adding at the end the following: ``(F) the national nanotechnology strategic plan required under section 2(c)(4) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(c)(4)) and in subsequent reports issued by the National Science and Technology Council Committee on Technology, focusing on areas of nanotechnology identified in such plan;''. (b) STTR.--Section 9(o)(3) of the Small Business Act (15 U.S.C. 638(o)(3)) is amended-- (1) at the end of subparagraph (A) by striking ``or''; (2) at the end of subparagraph (B) by adding ``or''; and (3) by adding at the end the following: ``(C) by the national nanotechnology strategic plan required under section 2(c)(4) of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7501(c)(4)) and in subsequent reports issued by the National Science and Technology Council Committee on Technology, focusing on areas of nanotechnology identified in such plan;''. SEC. 5. CLARIFYING THE DEFINITION OF ``PHASE THREE''. Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended-- (1) in paragraph (4)(C) in the matter preceding clause (i) by inserting after ``a third phase'' the following: ``, which shall consist of work that derives from, extends, or logically concludes efforts performed under prior SBIR funding agreements (which may be referred to as `Phase III')''; (2) in paragraph (8) by striking ``and'' at the end; (3) in paragraph (9) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(10) the term `commercialization' means the process of developing marketable products or services and producing and delivering products or services for sale (whether by the originating party or by others) to government or commercial markets.''. SEC. 6. AGENCY RESEARCH GOALS. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by striking subsection (h) and inserting the following: ``(h) Agency Research Goals.-- ``(1) In general.--In addition to the requirements of subsection (f), each Federal agency that is required by this section to have an SBIR program and that awards annually $5,000,000,000 or more in procurement contracts shall, effective for fiscal year 2010 and each fiscal year thereafter, establish annual goals for commercialization of projects funded by SBIR awards. ``(2) Specific goals.--The goals required by paragraph (1) shall include specific goals for each of the following: ``(A) The percentage of SBIR projects that receive funding for the third phase (as defined in subsection (e)(4)(C)). ``(B) The percentage of SBIR projects that are successfully integrated into a program of record. ``(C) The amount of Federal dollars received by SBIR projects through Federal contracts, not including dollars received through the SBIR program. ``(3) Submission to committees.--For each fiscal year for which goals are required by paragraph (1), the agency shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate-- ``(A) not later than 60 days after the beginning of the fiscal year, the goals; and ``(B) not later than 90 days after the end of the fiscal year, data on the extent to which the goals were met and a description of the methodology used to collect such data.''. SEC. 7. COMMERCIALIZATION PROGRAMS. Section 9 of the Small Business Act (15 U.S.C. 638) as amended, is further amended, by adding at the end the following: ``(aa) Commercialization Programs.-- ``(1) In general.--Each agency required by this section to conduct an SBIR program shall establish a commercialization program that supports the progress of SBIR awardees to the third phase. The commercialization program may include activities such as partnership databases, partnership conferences, multiple second phases, mentoring between prime contractors and SBIR awardees, multiple second phases with matching private investment requirements, jumbo awards, SBIR helpdesks, and transition assistance programs. The agency shall include in its annual report an analysis of the various activities considered for inclusion in the commercialization program and a statement of the reasons why each activity considered was included or not included, as the case may be. ``(2) Funding for commercialization programs.-- ``(A) In general.--From amounts made available to carry out this paragraph, the Administrator may, on petition by agencies required by this section to conduct an SBIR program, transfer funds to such agencies to support the commercialization programs of such agencies. ``(B) Petitions.--The Administrator shall establish rules for making transfers under subparagraph (A). The initial set of rules shall be promulgated not later than 90 days after the date of the enactment of this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this paragraph $27,500,000 for fiscal year 2010 and each fiscal year thereafter. ``(3) Funding limitation.--For payment of expenses incurred to administer the commercialization programs described in paragraphs (1) and (2), the head of an agency may use not more than an amount equal to 1 percent of the funds set aside for the agency's Small Business Innovation Research program. Such funds-- ``(A) shall not be subject to the limitations on the use of funds in subsection (f)(2); and ``(B) shall not be used for the purpose of funding costs associated with salaries and expenses of employees of the Federal Government.''.

Commercializing Small Business Research and Development Act - Amends the Small Business Act to state as the policy of Congress that Small Business Administration (SBA) research and development (R&D) programs should focus on promoting R&D of projects governed by commercial business plans which have significant potential to produce products or services for the marketplace or for acquisition by federal agencies. Includes energy-related and rare disease-related research topics as deserving special consideration under Small Business Innovation Research (SBIR) Program research topics. Includes nanotechnology-related topics within authorized research topics under the SBIR Program and Small Business Technology Transfer (STTR) Program. Requires each federal agency that is required to have an SBIR program and that awards annually $5 billion or more in procurement contracts to establish, for FY2010 and thereafter, annual goals for the commercialization of projects funded by SBIR awards. Directs each federal agency required to conduct an SBIR program to establish a commercialization program that supports the progress of SBIR awardees to the third (final) phase. Provides funding for such commercialization programs.

To amend the Small Business Act to promote the commercialization of certain small business research and development projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cutting Red Tape, Green-Lighting Small Businesses Act of 2013''. SEC. 2. CREDIT FOR CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 45S. CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. ``(a) General Rule.--For purposes of section 38, in the case of an eligible small employer, the small employer hiring credit determined under this section for any taxable year is the amount determined under subsection (b). ``(b) Small Employer Hiring Credit Amount.--The amount determined under this subsection for a taxable year with respect to a qualified small employer is the product of-- ``(1) the tax rate in effect under section 3111(a) for the calendar year in which such taxable year ends, multiplied by ``(2) the wages paid by the qualified small employer with respect to employment of all covered employees during the taxable year. ``(c) Qualified Employer.--For purposes of this subsection-- ``(1) In general.--The term `qualified small employer' means with respect to any calendar year, an employer who on no business day of the preceding calendar year employed less than 2, or more than 150, employees. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(3) Special rules.--For purposes of this subsection-- ``(A) Predecessor and successor.--Any reference in this paragraph to an employer shall include a reference to any predecessor of, or successor to, such employer. ``(B) Aggregation rule.--All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer. ``(C) Governmental employers not included.--The term `employer' does not include the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(4) Credit applies for only 1 year.--If an election to claim the credit under this section is in effect for any calendar year, paragraph (1) shall not apply to such employer for any year after such calendar year. ``(d) Covered Employee.--For purposes of this subsection-- ``(1) In general.--The term `covered employee' means, with respect to any week, is an employee who-- ``(A) first begins work for the employer for services performed by the employee-- ``(i) in a trade or business of such qualified small employer, or ``(ii) in the case of a qualified small employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501, and ``(B) is employed on average at least 30 hours of service per week. ``(2) Limitation to 5 employees.--An employer may not treat more than 5 employees as covered employees. ``(3) Hours of service.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. ``(e) Credit Made Available to Tax-Exempt Eligible Small Employers.-- ``(1) In general.--In the case of a tax-exempt eligible small employer, there shall be treated as a credit allowable under subpart C (and not allowable under this subpart) the amount of the credit determined under this section with respect to such employer. ``(2) Tax-exempt eligible small employer.--For purposes of this section, the term `tax-exempt eligible small employer' means an eligible small employer which is any organization described in section 501(c) which is exempt from taxation under section 501(a). ``(f) Denial of Double Benefit.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(g) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(h) Termination.--This section shall not apply with respect to wages paid after December 31, 2015.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by inserting after paragraph (36) the following: ``(37) the small employer hiring credit determined under section 45S.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45S. Certain individuals hired by a small employer.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. SEC. 3. PAPERWORK REDUCTION. The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 48. PAPERWORK REDUCTION. ``Not later than 60 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall determine, for a new small business concern, what applications, submissions, or other paperwork for purposes of programs administered by the Administrator, are not essential to file during the first year of operation, and shall make rules that waive the need for such paperwork.''.

Cutting Red Tape, Green-Lighting Small Businesses Act of 2013 - Amends the Internal Revenue Code to allow an employer with not less than 2 or more than 150 employees in a calendar year a business-related tax credit for the cost of up to 5 newly-hired employees who are employed, on average, at least 30 hours per week. Makes such credit available to tax-exempt eligible small employers. Terminates such credit for wages paid after December 31, 2015. Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to: (1) determine, for a new small business concern, what SBA applications, submissions, or other paperwork are not essential to file during the first year of operation of such small business concern; and (2) make rules for the waiver of such filings.

Cutting Red Tape, Green-Lighting Small Businesses Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Indian Gambling Reform Act''. SEC. 2. BACKGROUND INVESTIGATIONS AND APPROVAL OF FINANCIAL INTERESTS. (a) Background Investigations.-- (1) Gaming investors.--Section 7(b)(3) of the Indian Gaming Regulatory Act (25 U.S.C. 2706(b)(3)) is amended to read as follows: ``(3) shall conduct or cause to be conducted background investigations on the 10 persons or entities with the highest financial interest (such as loans, debt-based financing, financial backing for equipment or other startup or operation costs, and other financial interests as determined by the Commission) in a gaming operation regulated by the Commission and such other background investigations as may be necessary;''. (2) Tribal gaming officials.--Section 11(b)(2)(F)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)(i)) is amended-- (A) by striking ``conducted on'' the first place it appears and inserting ``conducted by the Commission on tribal gaming commissioners, key tribal gaming commission employees, and''; and (B) by striking ``such officials and their management'' and inserting ``such individuals''. (b) Approval of Financial Interests.--Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) is amended-- (1) in paragraph (3), by striking ``; and'' and inserting a semicolon; (2) in paragraph (4), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) approve financial interests between the 10 persons or entities with the highest financial interest (such as loans, debt-based financing, financial backing for equipment or other startup or operation costs, and other financial interests as determined by the Commission) and a gaming operation regulated by the Commission.''. (c) Commission Funding.--Section 18(a)(2)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended by striking ``$8,000,000'' and inserting ``$16,000,000''. SEC. 3. DECLARATION OF INTENT TO GAME ON TRUST LANDS. (a) Class II Gaming.--Section 11(b)(1) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(b)(1)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C)(i) conducted on lands taken into trust before the date of the enactment of this subparagraph; or ``(ii) conducted on lands taken into trust after the date of the enactment of this subparagraph only if the application requesting that the land be taken into trust stated that the Indian tribe intended to conduct gaming activities on such land.''. (b) Class III Gaming.--Section 11(d)(1) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D)(i) conducted on lands taken into trust before the date of the enactment of this subparagraph; or ``(ii) conducted on lands taken into trust after the date of the enactment of this subparagraph only if the application requesting that the land be taken into trust stated that the Indian tribe intended to conduct gaming activities on such land.''. SEC. 4. CLARIFICATION REGARDING CONDITIONS REQUIRED FOR EXCEPTION TO GAMING RESTRICTIONS ON CERTAIN LAND. Section 20(b)(1)(A) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(A)) is amended-- (1) by striking ``appropriate State and local officials, including officials of other nearby Indian tribes'' and inserting ``officials of any State or local government or Indian tribe with jurisdiction over land located within 50 miles of the land proposed to be taken into trust''; and (2) by striking ``and would not be detrimental to the surrounding community'' and inserting ``and, after conducting an economic impact study, determines that a gaming establishment on newly acquired lands would not have a negative economic impact on business, government, or Indian tribes within a 50 mile radius of the land proposed to be taken into trust or be otherwise detrimental to the community with such 50 mile radius''. SEC. 5. APPROVAL OF COMPACTS BY STATE. Section 11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)) is amended by adding at the end the following new paragraph: ``(10) For the purposes of State approval under this subsection, the term `State' shall mean the Governor of the State and the legislative body of the State.''. SEC. 6. RESTRICTION ON GAMING. (a) Amendments.--Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is amended-- (1) by amending paragraph (1) of subsection (b) to read as follows: ``(1)(A) Subsection (a) shall not apply to Indian land of an Indian tribe if each of the conditions in subparagraph (B) are satisfied and the Indian tribe-- ``(i) was newly recognized after October 17, 1988 (including those newly recognized under the Federal Acknowledgement Process at the Bureau of Indian Affairs); ``(ii) was restored by legislation, court decree, or any other process after having been terminated by Federal law; or ``(iii) on the date of the enactment of subsection (e), had no lands held in trust by the United States for the benefit of the Indian tribe, no reservation, and no lands held by the Indian tribe subject to restriction by the United States against alienation over which the Indian tribe exercised governmental power. ``(B) The conditions referred to in subparagraph (A) are the following: ``(i) The Secretary determines that the lands acquired in trust for the benefit of the Indian tribe for the purposes of gaming are lands within the State where the Indian tribe has its primary geographic, social, and historical nexus to the land. ``(ii) The Secretary determines that the proposed gaming activity is in the best interest of the Indian tribe, its tribal members, and would not be detrimental to the surrounding community. ``(iii) The State, city, county, town, parish, village, and other general purpose political subdivisions of the State with authority over land that is concurrent or contiguous to the lands acquired in trust for the benefit of the Indian tribe for the purposes of gaming approve.''; and (2) by adding at the end the following new subsection: ``(e) Notwithstanding any other provision of this Act, an Indian tribe may conduct gaming regulated by this Act on only one contiguous parcel of Indian lands. Such Indian lands must be located where that Indian tribe has its primary geographic, social, and historical nexus and within the State or States where the Indian tribe is primarily located.''. (b) Statutory Construction.--The amendments made by subsection (a) shall be applied prospectively. Compacts or other agreements that govern gaming regulated by the Indian Gaming Regulatory Act that were in effect on the date of the enactment of this Act shall not be affected by the amendments made by subsection (a).

Common Sense Indian Gambling Reform Act - Amends the Indian Gaming Regulatory Act with respect to: (1) background investigations, approval of financial interests, and funding of the National Indian Gaming Commission; (2) Class II and Class III gaming on trust lands on which an Indian tribe has declared an intention to conduct gaming activities; (3) conditions required for exception to gaming restrictions on certain land; (4) approval of compacts by State; and (5) exceptions to certain restrictions on gaming.

To make technical corrections to the Indian Gaming Regulatory Act, and for other purposes.

SECTION 1. CERTAIN PRODUCTS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.01.00 Trisubstituted Free No change No change On or before 12/ ... oxazolidinone 31/2011....... (CAS No. 860399- 11-7) (provided for in subheading 2934.99.20)...... 9902.01.00 Trisubstituted Free No change No change On or before 12/ ... oxazolidinone 31/2011....... (CAS No. 854602- 01-0) (provided for in subheading 2934.99.20)...... 9902.01.00 Naphtho[1,2- Free No change No change On or before 12/ ... d]thiazolium, 2- 31/2011....... [[5-chloro-3-(3- sulfopropyl)- 2(3H)- benzothiazolylide ne]methyl]-1-(3- sulfopropyl)-, inner salt, compd. with N,N- diethylethanamine (1:1) (CAS No. 102731-88-4) (provided for in subheading 2934.99.20)...... 9902.01.00 Benzothiazolium, 2- Free No change No change On or before 12/ ... [[3-[(3,6- 31/2011....... dimethyl-2(3H)- benzothiazolylide ne)methyl]-5- phenyl-2- cyclohexen-1- ylidene]methyl]- 3,6-dimethyl-, salt with 4- ethylbenzenesulfo nic acid (1:1) (CAS No. 160911- 24-0) (provided for in subheading 2934.99.20)...... 9902.01.00 Benzoxazolium, 5- Free No change No change On or before 12/ ... chloro-2-[2-[[5- 31/2011....... phenyl-3-(2- sulfoethyl)-2(3H)- benzoxazolylidene ] methyl]-1- butenyl]-3-(3- sulfopropyl)-, inner salt, compound with N,N- diethylethanamine (1:1) (CAS No. 106518-55-2) (provided for in subheading 2934.99.20)...... 9902.01.00 Copoly[N-(4- Free No change No change On or before 12/ ... sulfamoylphenyl) 31/2011....... methacrylamide/ methylmethacrylat e/acrylonitrile (CAS No. 141634- 00-6) (provided for in subheading 3906.90.50)...... 9902.01.00 3-Pyrazolidinone, Free No change No change On or before 12/ ... 4-hexadecyl-1- 31/2011....... phenyl (CAS No. 202483-63-4) (provided for in subheading 2933.19.90)...... 9902.01.00 Poly[(ally 2- Free No change No change On or before 12/ ''. methyl-2- 31/2011....... propenoate)-co- (cyclohexyl2- hydroxymethyl-2- propenoate)-co-(2- propenoic acid)] (CAS No. 860399- 10-6) (provided for in subheading 3208.90.00)...... (b) Effective Date.--The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain products.

To suspend temporarily the duty on certain products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TANF Emergency Response and Recovery Act of 2005''. SEC. 2. ADVANCE PAYMENT OF TANF BLOCK GRANTS FOR THE FIRST QUARTER OF FISCAL YEAR 2006. (a) In General.--Notwithstanding section 405 of the Social Security Act, the Secretary of Health and Human Services shall pay each grant payable under section 403 of such Act for the first quarter of fiscal year 2006, as soon as practicable after the date of the enactment of this Act. (b) Extension of the Temporary Assistance for Needy Families Block Grant Program Through December 31, 2005.-- (1) In general.--Activities authorized by part A of title IV of the Social Security Act, and by section 1108(b) of such Act, shall continue through December 31, 2005, in the manner authorized for fiscal year 2005, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the first quarter of fiscal year 2006 at the level provided for such activities through the first quarter of fiscal year 2005. (2) Conforming amendments.-- (A) Supplemental grants for population increases in certain states.--Section 403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C. 603(a)(3)(H)(ii)) is amended by striking ``September 30'' and inserting ``December 31''. (B) Contingency fund.--Section 403(b)(3)(C)(ii) of such Act (42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking ``2005'' and inserting ``2006''. (C) Maintenance of effort.--Section 409(a)(7) of such Act (42 U.S.C. 609(a)(7)) is amended-- (i) in subparagraph (A), by striking ``or 2006'' and inserting ``2006, or 2007''; and (ii) in subparagraph (B)(ii), by striking ``2005'' and inserting ``2006''. (c) Extension of the National Random Sample Study of Child Welfare and Child Welfare Waiver Authority Through December 31, 2005.-- Activities authorized by sections 429A and 1130(a) of the Social Security Act shall continue through December 31, 2005, in the manner authorized for fiscal year 2005, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the first quarter of fiscal year 2006 at the level provided for such activities through the first quarter of fiscal year 2005. SEC. 3. REIMBURSEMENT OF STATES FOR TANF BENEFITS PROVIDED TO ASSIST FAMILIES FROM OTHER STATES AFFECTED BY HURRICANE KATRINA. (a) Eligibility for Payments From the Contingency Fund.--Beginning with the date of the enactment of this Act and ending with August 31, 2006, a State shall be considered a needy State for purposes of section 403(b) of the Social Security Act if-- (1) cash benefits under the State program funded under part A of title IV of the Social Security Act have been provided on a short-term, nonrecurring basis, to a family which-- (A) has resided in another State that includes an area for which a major disaster has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of Hurricane Katrina; and (B) has travelled (not necessarily directly) to the State from such other State as a result of the hurricane; and (2) the State has determined that the family is not receiving cash benefits from any program funded under such part of any other State. (b) Limitation on Funding.--Subject to section 403(b)(3)(C)(i) of the Social Security Act, the total amount paid under section 403(b)(3)(A) of such Act to a State which is a needy State for purposes of section 403(b) of such Act by reason of subsection (a) of this section shall not exceed the total amount of cash benefits provided as described in subsection (a)(1) of this section, to the extent that the condition of subsection (a)(2) of this section has been met with respect to the families involved. (c) No State Match Required.--Sections 403(b)(6) and 409(a)(10) of the Social Security Act shall not apply with respect to a payment made to a State by reason of this section. SEC. 4. AVAILABILITY OF ADDITIONAL TANF FUNDS FOR HURRICANE-DAMAGED STATES. (a) Certain States Made Eligible for Loans.--Beginning with the date of the enactment of this Act and ending with the end of fiscal year 2006: (1) The States of Louisiana, Mississippi, and Alabama shall be considered loan-eligible States for purposes of section 406 of the Social Security Act. (2) Notwithstanding section 406(d) of the Social Security Act, the cumulative dollar amount of all loans made to such a State under such section by reason of this section shall not exceed 20 percent of the State family assistance grant payable to the State under section 403 of such Act for fiscal year 2006. (b) Forgiveness of Loans.--Notwithstanding section 406 of the Social Security Act, a penalty may not be imposed against any of the States of Louisiana, Mississippi, or Alabama for failure to-- (1) repay a loan made to the State under such section on or after the date of the enactment of this Act and before October 1, 2007; or (2) make any interest payment on such a loan. SEC. 5. AVAILABILITY OF UNSPENT TANF FUNDS TO PROVIDE BENEFITS AND SERVICES TO SUPPORT NEEDY FAMILIES AFFECTED BY HURRICANE KATRINA. A State or tribe may use a grant made to the State or tribe under part A of title IV of the Social Security Act for any fiscal year to provide, without fiscal year limitation, any benefit or service that may be provided under the State or tribal program funded under such part to support needy families affected by Hurricane Katrina. SEC. 6. WORK REQUIREMENTS AND TIME LIMITS UNDER TANF PROGRAM NOT TRIGGERED BY RECEIPT OF TEMPORARY TANF BENEFITS BY FAMILIES AFFECTED BY HURRICANE KATRINA. Benefits provided on a short-term, nonrecurring basis under a State program funded under part A of title IV of the Social Security Act, during the period that begins with the date of the enactment of this Act and ends with the end of fiscal year 2006, to meet a subsistence need of a family resulting from Hurricane Katrina shall not be considered assistance for purposes of sections 407 and 408(a)(7) of the Social Security Act. SEC. 7. WAIVER OF TANF PENALTIES IN HURRICANE-DAMAGED STATES. The Secretary of Health and Human Services shall not impose a penalty on any of the States of Louisiana, Mississippi, or Alabama under any of paragraphs (2) through (6), or (8) through (14) of section 409(a) of the Social Security Act with respect to a failure to comply with a provision of part A of title IV of such Act during the period that begins with the date of the enactment of this Act and ends with the end of fiscal year 2006, if the Secretary determines that the failure resulted from Hurricane Katrina or reasonable conduct of the State in addressing needs of victims of Hurricane Katrina. SEC. 8. EMERGENCY DESIGNATION. Each amount provided in this Act (other than in section 2) is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TANF Emergency Response and Recovery Act of 2005 - (Sec. 2) Directs the Secretary of Health and Human Services to pay each state family assistance grant payable for the first quarter of FY2006, as soon as practicable after the enactment of this Act. Provides that activities authorized by part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act shall continue through December 31, 2005, in the manner authorized for FY2005. Makes necessary appropriations for such purpose. Provides that grants and payments may be made pursuant to this authority through the first quarter of FY2006 at the same level as provided through the first quarter of 2005. Extends the National Random Sample Study of Child Welfare and Child Welfare Waiver Authority through December 31, 2005. (Sec. 3) Provides that, between the enactment of this Act and August 31, 2006, a state shall be considered a needy state for purposes of the TANF Contingency Fund for State Welfare Programs if: (1) cash benefits under the state TANF program have been provided on a short-term, nonrecurring basis to a family which has resided in another state that includes an area for which a major disaster has been declared as a result of Hurricane Katrina, and has traveled (not necessarily directly) to the state from such other state as a result of the hurricane; and (2) the state has determined that the family is not receiving cash benefits from any program funded under part A of any other state. Declares that no state match is required for such state payments. (Sec. 4) Provides that between the enactment of this Act and the end of FY2006: (1) the states of Louisiana, Mississippi, and Alabama shall be considered eligible for federal loans for State Welfare Programs; and (2) the cumulative dollar amount of all loans made to such a state by reason of this Act shall not exceed 20% of the state family assistance grant payable to the state for FY2006. Prohibits the imposition of a penalty against Louisiana, Mississippi, or Alabama for failure to repay such a loan or make any interest payment on it. (Sec. 5) Authorizes a state or tribe to use a grant made under the TANF program for any fiscal year to provide, without fiscal year limitation, any benefit or service that may be provided under the state or tribal TANF program to support needy families affected by Hurricane Katrina. (Sec. 6) Declares that benefits provided on a short-term, nonrecurring basis under a state TANF program, between the enactment of this Act and the end of FY2006, to meet a subsistence need of a family resulting from Hurricane Katrina shall not be considered assistance for purposes of mandatory work requirements and the five-year limit on assistance. (Sec. 7) Prohibits the Secretary from imposing a penalty on Louisiana, Mississippi, or Alabama for failure to comply with any provision of the TANF program between the enactment of this Act and the end of FY2006, if the failure resulted from Hurricane Katrina or reasonable conduct of the state in addressing needs of Hurricane Katrina victims. (Sec. 8) Designates each amount provided in this Act (other than in Sec. 2) as an emergency requirement exempt from the budget enforcement requirements of H.Con. Res. 95 (109th Congress).

To provide assistance to families affected by Hurricane Katrina, through the program of block grants to States for temporary assistance for needy families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Food Modernization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Durable equipment.--The term ``durable equipment'' means durable food preparation, handling, cooking, and storage equipment. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); (B) a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); or (C) a consortium that includes a local educational agency referred to in subparagraph (A), a tribal organization referred to in subparagraph (B), or both. (3) Infrastructure.--The term ``infrastructure'' means a food storage facility, kitchen, food service facility, dining room, or food preparation facility. (4) School food program.--The term ``school food programs'' means-- (A) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and (B) the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. LOAN GUARANTEE FOR ASSISTANCE TO SCHOOLS FOR INFRASTRUCTURE IMPROVEMENTS AND DURABLE EQUIPMENT NECESSARY TO PROVIDE HEALTHY MEALS THROUGH SCHOOL FOOD PROGRAM. (a) Authority To Guarantee Loans.--The Secretary of Agriculture shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist such entity in providing healthy meals through the school food programs. (b) Competitive Basis.--Subject to subsection (c), the Secretary shall select eligible entities to receive a loan guarantee under this section on a competitive basis. (c) Preferences.--In issuing a loan guarantee under this section, the Secretary shall give a preference to an eligible entity that the Secretary determines demonstrates substantial or disproportionate (as compared with another eligible entity seeking a loan guarantee under this section)-- (1) infrastructure improvement need; or (2) durable equipment need or impairment. (d) Oversight.--The Secretary shall establish procedures to enable the Secretary to oversee the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment for which a loan guarantee is issued under this section. (e) Guarantee Amount.--A loan guarantee issued under this section may not guarantee more than 90 percent of the principal amount of the loan. (f) Use of Commodity Credit Corporation.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. SEC. 4. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE PERSONNEL. (a) In General.--The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school foodservice personnel to meet updated nutrition standards under section 4(b)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3)) for the school food programs. (b) Criteria for Eligible Third-Party Institutions.--The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to receive grants under this section, which shall include-- (1) a demonstrated capacity to administer effective training and technical assistance programming to school foodservice personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3)); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school foodservice personnel at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites. (c) Program Assistance.--The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools wherever possible. (d) Federal Share.-- (1) In general.--The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 90 percent of the total cost of such training and technical assistance. (2) Matching.--As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (e) Oversight.--The Secretary shall establish procedures to enable the Secretary to-- (1) oversee the operation training and technical assistance funded through grants awarded under this section; and (2) ensure that such training and assistance is operated consistent with the goals and requirements of this Act. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $10,000,000 for fiscal year 2014, and such sums as necessary are authorized for each fiscal year thereafter. SEC. 5. REPORT TO CONGRESS. Not later than one year after funds are made available to carry out this Act, and annually thereafter, the Secretary shall submit to Congress a report on the Secretary's progress in implementing the provisions of this Act.

School Food Modernization Act - Directs the Secretary of Agriculture to issue loan guarantees to local educational agencies, tribal organizations, or consortia of such entities to finance the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that will facilitate their provision of healthy meals through the school breakfast and lunch programs. Favors loan guarantee applicants that demonstrate a substantial or disproportionate need (as compared with other applicants) for food service infrastructure or durable equipment. Prohibits a loan guarantee from covering more than 90% of a loan's principal. Directs the Secretary to award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to meet updated school lunch program nutrition standards.

To direct the Secretary of Agriculture to issue loan guarantees for purposes of financing improvements to school lunch facilities, training school food service personnel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Anti-Corruption Act of 2005''. SEC. 2. FORFEITURE OF RETIREMENT BENEFITS. (a) In General.--Section 8312(a) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; or'', and by inserting after paragraph (2) the following: ``(3) is convicted of an offense described in subsection (d).''; and (2) by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by inserting after subparagraph (B) the following: ``(C) with respect to the offenses described in subsection (d), to the period after the date of conviction.''. (b) Offenses Described.--Section 8312 of such title 5 is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following: ``(d)(1) An offense described in this subsection is any offense which-- ``(A) is within the purview of section 201(b), 216, 286, 641, 1341, 1343, 1951(a), 1952(a), or 1963 of title 18; and ``(B) is committed by the individual (as referred to in subsection (a))-- ``(i) on or after the date of the enactment of this subsection; and ``(ii) while a covered official. ``(2) For purposes of this subsection, the term `covered official' means the President, a Member of Congress (as defined by section 2106, including the Vice President, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico), and the head of an Executive department (as defined by section 101).''. (c) Definition of Annuity.--Section 8311(2) of such title 5 is amended (in the matter before subparagraph (A)) by striking ``benefit, but does not include'' and inserting ``benefit, and (to the extent that a conviction described in section 8312(a)(3) is involved) any monetary allowance payable to a former President or the widow of a former President under the Act of August 25, 1958 (3 U.S.C. 102 note), but does not include''. (d) Absence From United States to Avoid Prosecution.--Section 8313(a)(1) of such title 5 is amended by striking ``or'' at the end of subparagraph (A), by striking ``and'' at the end of subparagraph (B) and inserting ``or'', and by adding at the end the following: ``(C) after the date of the enactment of subsection (d) of section 8312, for an offense described in such subsection; and''. (e) Nonaccrual of Interest on Refunds.--Section 8316(b) of such title 5 is amended by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; or'', and by adding at the end the following: ``(3) if the individual was convicted of an offense described in section 8312(d), for the period after the conviction.''. SEC. 3. INCREASED PENALTIES FOR CERTAIN CORRUPTION-RELATED OFFENSES. Title 18, United States Code, is amended-- (1) in section 201(b), by striking ``fifteen years'' and inserting ``30 years''; (2) in section 216-- (A) in subsection (a)(1), by striking ``one year'' and inserting ``two years''; and (B) in subsection (a)(2), by striking ``five years'' and inserting ``10 years''; (3) in section 286, by striking ``ten years'' and inserting ``20 years''; (4) in section 641-- (A) by striking ``ten years'' and inserting ``20 years''; and (B) by striking ``one year'' and inserting ``two years''; (5) in section 1341-- (A) by striking ``20 years'' and inserting ``40 years''; and (B) by striking ``30 years'' and inserting ``60 years''; (6) in section 1343-- (A) by striking ``20 years'' and inserting ``40 years''; and (B) by striking ``30 years'' and inserting ``60 years''; (7) in section 1951(a), by striking ``twenty years'' and inserting ``40 years''; (8) in section 1952(a)-- (A) by striking ``5 years'' and inserting ``10 years''; and (B) by striking ``20 years'' and inserting ``40 years''; and (9) in section 1963, by striking ``20 years'' and inserting ``40 years''. SEC. 4. DISQUALIFICATION TO ACT AS LOBBYIST. (a) In General.--A person convicted of any offense under a provision of law listed in subsection (b) is disqualified for life from acting as a lobbyist (as defined in the Lobbying Disclosure Act of 1995). (b) Disqualifying Offenses.--The offenses referred to under subsection (a) are any violations of any of the following sections of title 18, United States Code: 201(b), 216, 286, 641, 1341, 1343, 1951(a), 1952(a), and 1963.

Congressional Anti-Corruption Act of 2005 - Adds offenses (including bribery of public officials, embezzlement of public money, mail or wire fraud, and racketeering) which, if committed by the President, a Member of Congress, or the head of an executive department, will make such an individual (or his or her survivor or beneficiary) ineligible for a federal annuity or retired pay. Increases the maximum terms of imprisonment for such offenses and disqualifies (for life) anyone convicted of such offenses from acting as a lobbyist.

To amend title 5, United States Code, to deny Federal retirement benefits to Government officials convicted of certain crimes; to amend title 18, United States Code, to increase the penalties for certain corruption-related offenses; and for other purposes.

SECTION 1. POSITIVE TRAIN CONTROL SYSTEMS. (a) Submission of Plan.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, each rail carrier that is a Class I railroad, a rail carrier that has inadequate safety performance (as determined by the Secretary), or a rail carrier that provides intercity passenger or commuter rail passenger transportation shall develop and submit to the Secretary a plan for implementing a positive train control system by December 31, 2014. (2) Technical assistance.--The Secretary may provide technical assistance and guidance to railroad carriers in developing the plans required under this subsection. (b) Definitions.--In this section: (1) Positive train control system.--The term ``positive train control system'' means a system designed to prevent train-to-train collisions, overspeed derailments, and incursions into roadway worker work limits. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (c) Safety Redundancy.--The positive train control system required under subsection (a) shall-- (1) minimize the risk of train collisions and over-speed derailments; (2) provide protection to maintenance-of-way workers within established work zone limits; (3) provide a safety redundancy to minimize the risk of accidents by overriding human performance failures involving train movements on main line tracks; and (4) minimize the risk of the movement of a train through a switch left in the wrong position. (d) Contents of Plan.--The plans submitted under paragraph (1) shall include-- (1) measurable goals, including a strategy and time line for implementation of such systems; (2) a prioritization of how the systems will be implemented, with particular emphasis on high-risk corridors such as those that have significant movements of hazardous materials or where commuter and intercity passenger railroads operate; (3) identification of detailed steps the carriers will take to implement the systems; and (4) any other element the Secretary considers appropriate. (e) Review and Approval.-- (1) In general.--Not later than 90 days after the Secretary receives a plan from a rail carrier under this section, the Secretary shall-- (A) review the plan; (B) notify the rail carrier that the plan has been approved; or (C) notify the affected railroad carrier of the specific points in which the proposed plan is deficient. (2) Correction of deficiencies.--A railroad carrier shall correct all deficiencies of a plan submitted under this section not later than 30 days after receiving written notice from the Secretary of such deficiencies. (3) Compliance with plan.--Upon receiving notification from the Secretary that a plan submitted under this section has been approved, the rail carrier that submitted such plan shall comply with goals, strategy, and time line contained in such plan. (4) Annual review.--The Secretary shall conduct an annual review to ensure that each rail carrier is complying with the plan submitted by such rail carrier under this section. (f) Report.--Not later than December 31, 2011, the Secretary shall submit a report that describes the progress made by rail carriers in implementing positive train control systems to-- (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. (g) Positive train control systems shall be implemented no later than December 31, 2012, in those areas determined by the Secretary of Transportation to have the highest safety risk due to shared track between commuter and freight rail. (h) Certification.-- (1) In general.--The Secretary may not permit the installation of any positive train control system or component unless the Secretary has certified that such system or component has not experienced a safety-critical failure during prior testing and evaluation. (2) Repair and reevaluation.--If a failure described in paragraph (1) occurs, the system or component may be-- (A) repaired and evaluated in accordance with part 236 of title 49, Code of Federal Regulations; and (B) installed if the Secretary-- (i) certifies that the factors causing the failure have been corrected; and (ii) approves the system for installation in accordance with such part 236. (i) Enforcement.--The Secretary is authorized to assess civil penalties pursuant to chapter 213 of title 49, United States Code, for a violation of this section, including the failure to submit, certify, or comply with a plan for implementing a positive train control system. SEC. 2. CIVIL PENALTY INCREASES. (a) General Violations of Chapter 201.--Section 21301(a)(2) of title 49, United States Code, is amended-- (1) by striking ``$10,000'' and inserting ``$25,000''; and (2) by striking ``$20,000'' and inserting ``$100,000''. (b) Accident and Incident Violations of Chapter 201; Violations of Chapters 203 Through 209.--Section 21302(a)(2) of such title is amended-- (1) by striking ``$10,000'' and inserting ``$25,000''; and (2) by striking ``$20,000'' and inserting ``$100,000''. (c) Violations of Chapter 211.--Section 21303(a)(2) of such title is amended-- (1) by striking ``$10,000'' and inserting ``$25,000''; and (2) by striking ``$20,000'' and inserting ``$100,000''.

Requires each rail carrier that is a Class I railroad, that has inadequate safety performance, or that provides intercity passenger or commuter rail passenger transportation to develop and submit for Secretary of Transportation approval by December 31, 2014, a plan to implement a positive train control system that prevents rail collisions. Requires implementation of such systems by December 31, 2012, in areas that have the highest safety risk due to shared track between commuter and freight rail. Prohibits installation of a positive train control system or component unless the Secretary has certified that it has not experienced a safety-critical failure during prior testing and evaluation. Increases penalties for violations of rail safety regulations or orders issued by the Secretary, including violations related to rail accident reporting and hours-of-service.

A bill to require rail carriers to develop positive rail control system plans for improving railroad safety and to increase the civil penalties for railroad safety violations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Tax Fairness Act of 1995''. SEC. 2. CLARIFICATION OF EMPLOYMENT STATUS OF CERTAIN INDIVIDUALS; CODIFICATION OF SECTION 530 SAFE HARBOR RULES. (a) General Rule.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions applicable to employment taxes) is amended by adding at the end the following new section: ``SEC. 3510. DETERMINATION OF EMPLOYMENT STATUS. ``(a) Certain Individuals Not Treated As Employees.-- ``(1) In general.--For purposes of this title, in the case of an individual who meets the requirements of one of the subparagraphs of paragraph (2) and who performs services pursuant to a qualified agreement-- ``(A) such individual shall not be treated as an employee, and ``(B) the person for whom such services are performed (hereafter in this subsection referred to as the `service-recipient') shall not be treated as an employer. ``(2) Requirements.-- ``(A) Realization of profit or loss.--An individual meets the requirements of this subparagraph if the individual can realize a profit or loss as a result of the individual's services (in addition to the profit or loss ordinarily realized by employees) performed for the service-recipient. ``(B) Separate principal place of business.--An individual meets the requirements of this subparagraph if the individual-- ``(i) maintains his principal place of business other than at a place of business of the service-recipient, and ``(ii) has a significant investment in facilities or tools which are used by such individual to perform services of the type performed for the service-recipient and which are not typically maintained by employees. ``(C) Making services available to the general public.--An individual meets the requirements of this subparagraph if-- ``(i) the services performed by the individual for the service-recipient are made available to the general public on a regular and consistent basis, and ``(ii) the individual has performed such services other than as an employee (determined without regard to this subparagraph) for at least 1 other service-recipient during such year or the preceding calendar year. ``(D) Paid on commission basis, etc.--An individual meets the requirements of this subparagraph if-- ``(i) the individual is paid exclusively on a commission basis, and ``(ii)(I) maintains his principal place of business other than at a place of business of the service-recipient, or ``(II) pays fair market rental value for his principal place of business if such place is at a place of business of the service- recipient. ``(3) Qualified agreement.--For purposes of this subsection, the term `qualified agreement' means a written agreement-- ``(A) which specifies the services to be provided, the duration those services are to be provided, and the remuneration to be paid for those services, ``(B) which specifies that-- ``(i) the service provider reasonably believes that such provider meets the requirements under this section for being treated not as an employee with respect to such services and will not be treated by the service-recipient as an employee with respect to such services for Federal tax purposes, and ``(ii) the service provider is aware of the Federal tax obligations resulting from such treatment, and ``(C) which specifies that the service-recipient will maintain a separate accounting of the income and expenses related to such agreement. ``(4) Consequence of failing to meet test.--Failure to meet the requirements of this subsection shall not be construed as indicating that an individual is an employee of the service- recipient for purposes of this title. ``(b) Termination of Certain Employment Tax Liability.-- ``(1) In general.--If-- ``(A) for purposes of employment taxes, the taxpayer did not treat an individual as an employee for any period, and ``(B) in the case of periods after December 31, 1978, all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period are filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, then for purposes of applying such taxes for such period with respect to the taxpayer, the individual shall be deemed not to be an employee unless the taxpayer had no reasonable basis for not treating such individual as an employee. ``(2) Statutory standards providing one method of satisfying the requirements of paragraph (1).--For purposes of paragraph (1), a taxpayer shall in any case be treated as having a reasonable basis for not treating an individual as an employee for a period if the taxpayer's treatment of such individual for such period was in reasonable reliance on any of the following: ``(A) Judicial precedent, published rulings, technical advice with respect to the taxpayer, or a letter ruling to the taxpayer. ``(B) A past Internal Revenue Service audit of the taxpayer in which there was no assessment attributable to the treatment (for employment tax purposes) of the individuals holding positions substantially similar to the position held by this individual. ``(C) Long-standing recognized practice of a significant segment of the industry in which such individual was engaged. ``(3) Subsequent treatment by taxpayer of individual as an employee.--If-- ``(A) an individual is deemed not to be an employee of the taxpayer under paragraph (1) for any prior period, and ``(B) such individual is treated by the taxpayer as an employee for employment tax purposes for any subsequent period, then, notwithstanding paragraph (1), for purposes of applying such taxes for such prior period with respect to the taxpayer, the individual shall be deemed not to be an employee. ``(4) Prospective termination of prior audit safe harbor.-- ``(A) In general.--If, after an employment tax audit (and after providing the taxpayer an opportunity for an appeal within the Internal Revenue Service), the taxpayer is notified in writing by the Internal Revenue Service that an individual (or individuals holding substantially similar positions) should be treated as employees for purposes of the employment taxes, paragraph (2)(B) shall not apply with respect to such individuals for any calendar month beginning more than 180 days after the date such notice is sent. The preceding sentence shall not apply if the audit referred to paragraph (2)(B) included an examination for employment tax purposes of individuals holding positions substantially similar to the positions held by the individual involved. ``(B) Employment tax audit.--For purposes of subparagraph (A), the term `employment tax audit' means any audit by the Internal Revenue Service which-- ``(i) was conducted solely for employment tax purposes, and ``(ii) included an examination for employment tax purposes of individuals holding positions substantially similar to the positions held by the individual involved. ``(5) Clarification of significant segment of industry.--In no event shall the `significant segment' requirement under paragraph (2)(C) be interpreted to require a showing of the practice of more than 25 percent of an industry. In applying the preceding sentence, the Secretary shall allow taxpayers maximum latitude in determining which industry is the appropriate industry for purposes of applying such paragraph to the taxpayer. ``(c) Definitions.--For purposes of this section-- ``(1) Employment tax.--The term `employment tax' means any tax imposed by this subtitle. ``(2) Employment status.--The term `employment status' means the status of an individual, under the usual common law rules applicable in determining the employer-employee relationship, as an employee or as an independent contractor (or other individual who is not an employee).'' (b) Rules To Apply for Income Tax Purposes.--Part I of subchapter B of chapter 1 of such Code is amended by adding at the end the following new section: ``SEC. 69. DETERMINATION OF EMPLOYMENT STATUS. ``For purposes of this subtitle, an individual shall not be treated as an employee of a person for any period if, under the rules of section 3510, such individual is treated as not being an employee of such person for such period.'' (c) Conforming Amendment.--Section 530 of the Revenue Act of 1978 is hereby repealed. (d) Clerical Amendments.-- (1) The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3510. Determination of employment status.'' (2) The table of sections for part I of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 69. Determination of employment status.'' (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect beginning on the first day of the first calendar year beginning after the date of the enactment of this Act. (2) Repeal of section 530.--The amendment made by subsection (c) shall apply to periods in calendar years beginning after the date of the enactment of this Act. (3) Consistency rules.--In determining whether the requirements of subsection (b)(1)(B) of section 3510 of the Internal Revenue Code of 1986 (as added by subsection (a)) are met with respect to any individual described in section 530(d) of the Revenue Act of 1978 (as in effect on the day before the date of the enactment of this Act), there shall be disregarded any period for which such individual (or any other individual holding a substantially similar position) was treated as an employee by reason of such section 530(d). SEC. 3. COMPLIANCE PROVISIONS. (a) Increase in Penalty on Service-Recipient for Failure To Furnish Form 1099's to Independent Contractors.-- (1) In general.--Section 6722 of the Internal Revenue Code of 1986 (relating to failure to file correct payee statements) is amended by adding at the end the following new subsection: ``(d) Increase in Penalty With Respect to Statements for Services.--In the case of any statement required by section 6041(d) or section 6041A(e) to show payments for services, subsection (a) shall be applied by substituting `$75' for `$50' and subsection (c) shall be applied by substituting `$125' for `$100'.'' (2) Effective date.--The amendment made by paragraph (1) shall apply to statements the due date for which (determined without regard to extensions) is after December 31, 1996. (b) Separate Listing of Payments Reported on Form 1099's.--The Secretary of the Treasury or his delegate shall modify the forms for returns of income tax so as to require the reporting for information purposes on a separate line of each amount for which the taxpayer received a statement under section 6041(d) or section 6041A(e) showing payments for services. (c) Information to Service-Recipients With Respect to Independent Contractors.--The Secretary of the Treasury or his delegate shall take such steps as the Secretary determines appropriate to inform service- recipients of-- (1) their obligations with respect to independent contractors, (2) the modifications made by this Act in the rules for determining whether or not an individual is an employee, and (3) the increase made by this Act in the penalties for failures to furnish correct statements required by sections 6041(d) and section 6041A(e) of the Internal Revenue Code of 1986. SEC. 4. DEPARTMENT OF THE TREASURY REQUIRED TO PROPOSE LEGISLATION. Not later than the date which is 180 days after the date of the enactment of this Act, the Secretary of the Treasury or his delegate shall submit a report to the Congress proposing legislation which specifies objectively measurable criteria for determining whether an individual (not otherwise treated as not being an employee under section 3508 or 3510(a) of the Internal Revenue Code of 1986) is an employee for purposes of such Code. It is the intent of the Congress that such criteria allow taxpayers maximum latitude in determining employment status. SEC. 5. REPORT ON LATITUDE GIVEN TAXPAYERS IN DETERMINING EMPLOYMENT STATUS. Not later than the date which is 1 year after the date of the enactment of this Act, the Secretary of the Treasury or his delegate shall submit a report to the Congress detailing the efforts being made by the Department of the Treasury in giving taxpayers maximum latitude in determining employment status under section 3510 of the Internal Revenue Code of 1986.

Independent Contractor Tax Fairness Act of 1995 - Amends the Internal Revenue Code to provide for determining the employment status of individuals as employees for purposes of employment taxes. Requires a written qualified agreement in order for an individual who performs services for another (the service-recipient) to not be treated as an employee and sets forth the following conditions, of which at least one must be met, for the individual to not be treated as an employee and the service-recipient to not be treated as an employer: (1) the individual can realize a profit or loss as a result of services performed for the service-recipient; (2) the individual maintains a separate principal place of business and has a significant investment in facilities or tools, which are not typically maintained by employees, used to perform services; (3) the services performed by the individual are available to the general public and the individual has performed such services other than as an employee for at least one other service-recipient during the year or the preceding calendar year; or (4) the individual is paid exclusively on a commission basis and maintains his or her principal place of business other than at the service recipient's place of business or pays fair market rental value for his or her principal place of business if such place is the service-recipient's place of business. Requires the qualified agreement to specify, among other things: (1) which services will be provided, the duration of such services, and the remuneration to be paid for such services; (2) that the service provider is aware of his or her Federal tax obligations; and (3) that the service-recipient will maintain a separate accounting of the income and expenses related to such agreement. Codifies section 530 of the Revenue Act of 1978, with revisions. Increases the penalty on service-recipients for failure to furnish information returns on services performed by independent contractors. Requires the Secretary of the Treasury to propose legislation to the Congress which specifies objectively measurable criteria for determining whether an individual is an employee. Declares the intent of the Congress that such criteria allow taxpayers maximum latitude in determining employment status. Requires the Secretary to report to the Congress on efforts being made to give taxpayers such latitude.

Independent Contractor Tax Fairness Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expungement Act of 2017''. SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter: ``subchapter d--expungement ``Sec. ``3631. Expungement of certain criminal records in limited circumstances. ``3632. Requirements for expungement. ``3633. Procedure for expungement. ``3634. Effect of expungement. ``3635. Reversal of expunged records. ``3636. Unsealing of records. ``Sec. 3631. Expungement of certain criminal records in limited circumstances ``(a) In General.--Any individual convicted of a nonviolent offense who fulfills the requirements of section 3632 may file a petition under this subchapter to expunge the record of such conviction. ``(b) Definition of Nonviolent Offense.--In this subchapter, the term `nonviolent offense' means a misdemeanor or felony offense against the United States that does not have as an element of the offense the use of a weapon or violence and which did not actually involve violence in its commission. ``Sec. 3632. Requirements for expungement ``No individual shall be eligible for expungement under this subchapter unless, before filing a petition under this subchapter, such individual-- ``(1) has never been convicted of a violent offense (including an offense under State law that would be a violent offense if it were Federal) and has been convicted of not more than one nonviolent offense other than the one for which expungement is sought; ``(2) has fulfilled all requirements of the sentence of the court in which conviction was obtained, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release; ``(3) has remained free from dependency on or abuse of alcohol or a controlled substance a minimum of 1 year and has been rehabilitated, to the satisfaction of the court referred to in section 3633(b), if so required by the terms of a supervised release; and ``(4) has obtained a high school diploma or completed a high school equivalency program. ``Sec. 3633. Procedure for expungement ``(a) Petition.--An individual may file a petition for expungement in the court in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the district in which the conviction sought to be expunged was obtained. Not later than 60 days after receipt of such petition, the United States Attorney may submit written recommendations to the court and notify the petitioner of that recommendation. ``(b) Court-Ordered Expungement.--The court, after consideration of evidence submitted by the petitioner in support of the petition and any evidence submitted by the Government in support of objections it may have to granting the petition, shall rule on the petition. In making that ruling, the court, after determining whether the petitioner meets the eligibility requirements of this subchapter, shall weigh the interests of the petitioner against the best interests of justice and public safety. If denied, the person may file a new petition one year after the date of the court's ruling. ``Sec. 3634. Effect of expungement ``(a) In General.--An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the expungement. ``(b) No Disqualification; Statements.--After an order granting expungement of any individual's criminal records under this subchapter, such individual shall not be required to divulge information pertaining to the expunged conviction and the fact that such individual has been convicted of the criminal offense concerned shall not-- ``(1) operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession; and ``(2) be held under any provision of law guilty of perjury, false answering, or making a false statement by reason of his failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of him for any purpose. ``(c) Records Expunged or Sealed.--Upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against him, and the results thereof, except publicly available court opinions or briefs on appeal, shall be expunged (in the case of nontangible records) or gathered together and sealed (in the case of tangible records). ``(d) Record of Disposition To Be Retained.--A nonpublic record of a disposition or conviction that is the subject of an expungement order shall be retained only by the Department of Justice solely for the purpose of use by the courts in any subsequent adjudication. ``Sec. 3635. Disclosure of expunged records ``(a) Law Enforcement Purposes.--The Department of Justice may maintain a nonpublic manual or computerized index of expunged records containing only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of such expunged records, the word `expunged', and the name of the person, agency, office, or department that has custody of the expunged records, and shall not name the offense committed. The index shall be made available only to Federal and State law enforcement personnel who have custody of such expunged records and only for the purposes set forth in subsection (b) of this section. ``(b) Authorized Disclosure.--Such records shall be made available to the person accused or to such person's designated agent and shall be made available to-- ``(1) any prosecutor, law enforcement agency, or court which has responsibility for criminally investigating, prosecuting, or adjudicating such individual; ``(2) any State or local office or agency with responsibility for the issuance of licenses to possess guns where the accused has made application for such license; or ``(3) any prospective city, State, or Federal employer or agency, involved in investigating and/or prosecuting under criminal or civil statutes including employers of police or peace officers and in relation to an application for employment as an employee of a city, State, or Federal employer or agency involved in investigating or prosecuting under criminal or civil statutes including as a police officer or peace officer, and every person who is an applicant for the position of police officer, peace officer, or any other prospective city, State, or Federal employer or agency, involved in investigating or prosecuting under criminal or civil statutes shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto. ``(c) Punishment for Improper Disclosure.--Any person who knowingly disseminates information relating to an expunged conviction other than the offender shall be fined under this title or imprisoned not more than one year, or both. ``Sec. 3636. Reversal of expunged records ``The records expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual whose conviction was expunged is subsequently convicted of any Federal or State offense.''. (b) Clerical Amendment.--The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item: ``D. Expungement........................................ 3631''. (c) Effective Date.--The amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.

Expungement Act of 2017 This bill amends the federal criminal code to establish a process to expunge an individual's records related to a nonviolent criminal offense. A nonviolent criminal offense is a federal misdemeanor or felony offense that: (1) does not include, as an element, the use of a weapon or violence; and (2) does not involve violence in its commission. To be eligible for expungement, an individual must: have no violent offense convictions and not more than one other nonviolent offense conviction; avoid drug or alcohol dependency or abuse; obtain a high school diploma; and fulfill the requirements of a court-ordered sentence, such as complete a prison term and meet the conditions of supervised release.

Expungement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Resident Part D Assistance Act of 2006''. SEC. 2. PART D ASSISTANCE FOR RESIDENTS OF LONG-TERM CARE FACILITIES. (a) In General.--Section 1860D-42 of the Social Security Act (42 U.S.C. 1395w-152) is amended by adding at the end the following new subsection: ``(c) Assistance for Residents of Long-Term Care Facilities.-- ``(1) Procedures and waiver of requirements.-- ``(A) In general.--The Secretary shall establish procedures and may waive requirements of this part as necessary to provide assistance to residents of long- term care facilities with respect to coverage under this part for the resident. ``(B) Requirements.--The procedures under subparagraph (A) shall include at least the following: ``(i) Dedicated toll-free number.--The establishment of a toll-free telephone number for staff members of long-term care facilities to request information regarding coverage under this part for the resident. ``(ii) Assistance in selecting a plan rather than auto enrollment in a random plan.-- Notwithstanding section 1860D-1(b)(1)(C), in the case of a part D eligible individual who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)), who is a resident of a long-term care facility, and who has failed to enroll in a prescription drug plan or an MA-PD plan, rather than randomly enrolling such an individual in a plan pursuant to such section, the Secretary shall coordinate with the resident and the long-term care facility to facilitate selection of and enrollment in the most appropriate plan under this part for the resident. ``(iii) Reimbursement of certain costs.-- The provision of reimbursement to long-term care facilities for the following costs: ``(I) Costs associated with new requirements.--Costs associated with the requirements under paragraph (2). ``(II) Prescription drug expenditures for covered part d drugs.--The amount that the long-term care facility expends for payment for covered part D drugs for residents of the long-term care facility who are part D eligible individuals enrolled in a prescription drug plan under this part but were unable to access on a timely basis prescription drug benefits to which they were entitled under such plan. ``(III) Providing part d assistance for residents of long-term care facilities.--Costs associated with providing part D assistance for residents of long-term care facilities (including technical assistance in filling prescriptions, time spent waiting on the telephone or online to determine what plan a resident is enrolled in, and costs associated with advocating for residents by filing appeals or facilitating plan changes). ``(2) Requirements for long-term care facilities.-- ``(A) In general.--In the case of a long-term care facility receiving reimbursement under this title, the facility shall have in place procedures for-- ``(i) educating residents who are part D eligible individuals about the prescription drug coverage available through plans under this part; and ``(ii) providing technical assistance, phone support, and counseling for such residents to facilitate selection of and enrollment in the most appropriate plan under this part for the resident. ``(B) Requirement.--The procedures under subparagraph (A) shall include a requirement that the facility periodically ascertain (and inform the resident regarding) whether or not the plan in which the resident is enrolled in-- ``(i) provides coverage of the covered part D drugs that the resident requires; and ``(ii) has a contract with a pharmacy that supports the facility.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act.

Long-Term Care Resident Part D Assistance Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish procedures (which may waive requirements) in order to provide residents of long-term care (LTC) facilities with assistance with respect to prescription drug coverage under part D (Voluntary Prescription Drug Benefit Program). Requires such procedures to include at least: (1) a dedicated toll-free telephone number for LTC facility staff to request coverage information; and (2) plan selection assistance for full-benefit dual eligible LTC facility residents who have failed to enroll in a prescription drug plan or a Medicare Advantage-Prescription Drug (MA-PD) plan.

A bill to amend title XVIII of the Social Security Act to provide residents of long-term care facilities with assistance with respect to prescription drug coverage under part D of such title for the resident.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Extracurricular Programs for Indian Children Act of 2015''. SEC. 2. FINDINGS. Congress finds that: (1) The United States has a distinct legal, treaty, and trust obligation to provide for the education, healthcare, safety, social welfare, and other needs of Native children. (2) Native children are the most at-risk population in the United States, confronting serious disparities in education, health, and safety, with 37 percent of Native children living in poverty. (3) Teens who do not participate in those programs are nearly 3 times more likely to use marijuana or other drugs, and more likely to drink alcohol. 22.9 percent of Native children aged 12 and older report alcohol use, 16 percent report substance dependence or abuse, 35.8 percent report tobacco use, and 12.5 percent report illicit drug use. (4) Protective factors against youth suicide include opportunities to participate in and contribute to school and/or community projects/activities. Suicide is the second leading cause of death of Native youth aged 15 through 24 at a rate of 2.5 percent--this is twice the national rate of non-Native youth of the same age. (5) Nationally, American Indian and Alaska Native students have the lowest college enrollment rates. At-risk youth who have a mentor are more likely to pursue higher education after high school in a four-year, two-year, or vocational program than their at-risk peers who do not have a mentor. (45 percent compared to 29 percent). (6) Students who are engaged in extracurricular (afterschool and summer learning) activities have better attendance records, higher levels of academic achievement, and more interest in pursuing higher education after graduation. SEC. 3. PURPOSE. (a) In General.--The purpose of this Act is to establish a grant program for Indian tribes and eligible tribal entities for extracurricular programs-- (1) to support and encourage the educational and cultural growth of Indian and Alaska Native students; (2) to provide access to mentors and resources that promote emotional and mental resilience in Native youth; (3) to ensure Native children receive consistent access to nutritional meals; and (4) to increase the availability of safe and useable educational infrastructures in Native communities and on tribal land. (b) Purpose of Grants.--The funds awarded under the grant program established under section 366 of the Consolidated Farm and Rural Development Act (as added by section 4(a)) shall be used for-- (1) culturally appropriate before school, afterschool, and summer school programs that include activities designed to reinforce and complement the academic program of participating students, such as-- (A) development and extracurricular activities; and (B) programs relating to-- (i) substance abuse and violence prevention; (ii) counseling; (iii) physical fitness and wellness; (iv) Native culture and language; (v) agriculture and nutrition; (vi) technology education; and (vii) character education; (2) funds to build or upgrade facilities for before school, afterschool, and summer school programs; and (3) access to federally funded meal programs. SEC. 4. BEFORE SCHOOL, AFTERSCHOOL, AND SUMMER SCHOOL GRANT PROGRAM FOR INDIAN AND ALASKA NATIVE STUDENTS. (a) Grant Program.--The Consolidated Farm and Rural Development Act is amended by inserting after section 365 (7 U.S.C. 2008) the following: ``SEC. 366. BEFORE SCHOOL, AFTERSCHOOL, AND SUMMER SCHOOL GRANT PROGRAM FOR INDIAN AND ALASKA NATIVE STUDENTS. ``(a) Definitions.--In this section: ``(1) Eligible entity.-- ``(A) In general.--The term `eligible entity' means an entity described in subparagraph (B) that has a plan to develop and maintain or improve and expand before school, afterschool, and summer school programs. ``(B) List of entities.--An entity described in this subparagraph is 1 of the following: ``(i) An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)). ``(ii) A local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) with a student population that consists of more than 10 percent Indian or Alaska Native students. ``(iii) A private accredited elementary or secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) in the boundaries of an Indian reservation. ``(iv) A Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)). ``(v) A school operated by the Bureau of Indian Affairs. ``(vi) A Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))). ``(vii) A tribal education agency. ``(viii) A tribal nonprofit organization. ``(ix) A tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)). ``(x) A consortium of any of the entities in clauses (i) through (ix). ``(2) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(b) Grant Program.-- ``(1) In general.--The Secretary shall establish a grant program under which the Secretary shall provide grants to eligible entities to develop and maintain or improve and expand before school, afterschool, and summer school programs for Indian and Alaska Native students. ``(2) Grant period.--A grant made under this section shall be for a period of not less than 3 and not more than 5 years. ``(3) Minimum grant amount.--The minimum amount of a grant under this section shall be $50,000 per eligible entity per fiscal year. ``(c) Application.-- ``(1) In general.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Contents.--At a minimum, an application for a grant under this section shall describe-- ``(A) the before school, afterschool, or summer school activities to be funded with the grant; ``(B) community needs, available resources, and the activities of the proposed program that address the needs of the community; ``(C) the number and age ranges of children to be served by the proposed program; ``(D) an assurance that participation in the program will be free of cost; and ``(E) the demonstrated experience or potential for success of the eligible entity in providing educational, cultural, and related activities that complement and enhance academic performance, achievement, and development of Indian or Alaska Native students. ``(d) Authorized Activities.-- ``(1) In general.--An eligible entity may only use a grant awarded under this section to carry out an activity described in this subsection. ``(2) Before school, afterschool, and summer school programs.--An eligible entity may use a grant awarded under this section to carry out before school, afterschool, and summer school activities that advance or improve student academic achievement and well-being, including-- ``(A) remedial education activities and academic enrichment programs, including programs that provide academic assistance to students to enhance academic achievement; ``(B) mathematics and science education activities; ``(C) arts and music education activities; ``(D) entrepreneurial education programs; ``(E) tutoring services (including services provided by senior citizen volunteers) and mentoring programs; ``(F) Native language programs; ``(G) Native cultural programs; ``(H) physical fitness and wellness activities; ``(I) telecommunications and technology education programs; ``(J) programs that promote parental involvement and family literacy; ``(K) programs that provide assistance to students who have been truant, suspended, or expelled from school so as to allow those students to improve academic achievement; ``(L) substance abuse and violence prevention programs, counseling programs, and character education programs; ``(M) child and adolescent health and mental health services; ``(N) leadership and youth development activities; ``(O) job skills development programs; ``(P) agriculture and nutrition services; and ``(Q) transportation services. ``(3) Facilities.-- ``(A) In general.--An eligible entity may use a grant awarded under this section-- ``(i) to build facilities for youth centers; or ``(ii) to upgrade existing facilities. ``(B) Other uses.--A facility built or upgraded with funds awarded under this section may be used for educational and community purposes not described in paragraph (2) at times when the facility is not being used for activities described in that paragraph. ``(4) Limitation on use.--An eligible entity may use not more than 5 percent of grant funds for grant administration costs. ``(e) Funding.-- ``(1) Authorization of appropriations.-- ``(A) Programming.--There is authorized to be appropriated to the Secretary to provide grants for authorized activities described in subsection (d)(2)-- ``(i) for fiscal year 2016, $2,000,000; ``(ii) for fiscal year 2017, $4,000,000; ``(iii) for fiscal year 2018, $6,000,000; ``(iv) for fiscal year 2019, $8,000,000; and ``(v) for fiscal year 2020, $10,000,000. ``(B) Facility construction and rehabilitation.-- There is authorized to be appropriated to the Secretary to provide grants for authorized activities described in subsection (d)(3) $6,000,000 for each of fiscal years 2016 through 2020. ``(2) Unused funds.--Any funds made available under paragraph (1) for a fiscal year that are not used for that fiscal year shall be available to the Secretary to make grants in accordance with this section for the subsequent fiscal year. ``(f) Reporting and Evaluation.-- ``(1) Reports to the secretary.--Each grantee shall annually submit to the Secretary a report in such form and manner as the Secretary may require. ``(2) Annual grant program evaluation.-- ``(A) In general.--The Secretary shall annually-- ``(i) compile and analyze the reports submitted under paragraph (1); and ``(ii) conduct an evaluation of the educational outcomes and social impacts of the grant program described in this section. ``(B) Dissemination.--Not later than 180 days after the date the Secretary receives the last report for a year described in paragraph (1), the Secretary shall disseminate the annual evaluation described in subparagraph (A) to-- ``(i) the Subcommittee on Indian, Insular and Alaska Native Affairs of the House of Representatives; ``(ii) the Committee on Education and the Workforce of the House of Representatives; ``(iii) the Committee on Indian Affairs of the Senate; and ``(iv) the Committee on Health, Education, Labor and Pensions of the Senate.''. (b) Eligibility for Federally Funded Meal Programs.-- (1) School lunch program.--Section 12(d)(4)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(4)(B)) is amended-- (A) by striking ``includes, in the case'' and inserting the following: ``includes-- ``(i) in the case''; (B) by striking the period at the end and inserting a ``; and''; and (C) by adding at the end the following: ``(ii) notwithstanding section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), an eligible entity (as defined in section 366 of the Consolidated Farm and Rural Development Act).''. (2) Summer food service program for children.--Section 13(a)(1)(D) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(D)) is amended-- (A) by striking ``or residential'' and inserting ``residential''; and (B) by inserting ``or an eligible entity (as defined in section 366 of the Consolidated Farm and Rural Development Act),'' after ``camp,''. (3) Child and adult care food program.--Section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2)) is amended-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) an eligible entity (as defined in section 366 of the Consolidated Farm and Rural Development Act).''. (4) School breakfast program.--Section 15(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1784(3)) is amended-- (A) in subparagraph (A), by striking ``, and'' and inserting a semicolon; and (B) in subparagraph (B), by striking ``Labor).'' and inserting ``Labor); and (C) an eligible entity (as defined in section 366 of the Consolidated Farm and Rural Development Act).''.

Extracurricular Programs for Indian Children Act of 2015 This bill amends the Consolidated Farm and Rural Development Act to require the Department of Agriculture (USDA) to provide grants for before-school, after-school, and summer school programs for Indian and Alaska Native students. Entities eligible for grants include Indian tribes, local educational agencies with more than 10% Indian or Alaska Native students, schools within Indian reservations, tribal colleges and universities, and tribal nonprofit organizations. Grants may be used for activities that advance or improve student academic achievement and well-being, including education activities, Native language and culture programs, physical fitness activities, programs that promote parental involvement, substance abuse and violence prevention programs, health and mental health services, and transportation services. The bill amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to make entities that are eligible for the grants in this Act eligible for the school lunch program, summer food service program for children, child and adult care food program, and school breakfast program.

Extracurricular Programs for Indian Children Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovators Job Creation Act of 2015''. SEC. 2. TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP COMPANIES. (a) In General.--Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Treatment of Credit for Qualified Small Businesses.-- ``(1) In general.--At the election of a qualified small business for any taxable year, section 3111(f) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 280C) as a credit determined under subsection (a). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualified small business for any taxable year is the least of-- ``(A) the amount specified in the election made under this subsection, ``(B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or ``(C) in the case of a qualified small business other than a partnership or S corporation, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). ``(3) Qualified small business.--For purposes of this subsection-- ``(A) In general.--The term `qualified small business' means, with respect to any taxable year-- ``(i) a corporation or partnership, if-- ``(I) the gross receipts (as determined under the rules of section 448(c)(3), without regard to subparagraph (A) thereof) of such entity for the taxable year is less than $5,000,000, and ``(II) such entity did not have gross receipts (as so determined) for any taxable year preceding the 5- taxable-year period ending with such taxable year, and ``(ii) any person (other than a corporation or partnership) who meets the requirements of subclauses (I) and (II) of clause (i), determined-- ``(I) by substituting `person' for `entity' each place it appears, and ``(II) by only taking into account the aggregate gross receipts received by such person in carrying on all trades or businesses of such person. ``(B) Limitation.--Such term shall not include an organization which is exempt from taxation under section 501. ``(4) Election.-- ``(A) In general.--Any election under this subsection for any taxable year-- ``(i) shall specify the amount of the credit to which such election applies, ``(ii) shall be made on or before the due date (including extensions) of-- ``(I) in the case of a qualified small business which is a partnership, the return required to be filed under section 6031, ``(II) in the case of a qualified small business which is an S corporation, the return required to be filed under section 6037, and ``(III) in the case of any other qualified small business, the return of tax for the taxable year, and ``(iii) may be revoked only with the consent of the Secretary. ``(B) Limitations.-- ``(i) Amount.--The amount specified in any election made under this subsection shall not exceed $250,000. ``(ii) Number of taxable years.--A person may not make an election under this subsection if such person (or any other person treated as a single taxpayer with such person under paragraph (5)(A)) has made an election under this subsection for 5 or more preceding taxable years. ``(C) Special rule for partnerships and s corporations.--In the case of a qualified small business which is a partnership or S corporation, the election made under this subsection shall be made at the entity level. ``(5) Aggregation rules.-- ``(A) In general.--Except as provided in subparagraph (B), all persons or entities treated as a single taxpayer under subsection (f)(1) shall be treated as a single taxpayer for purposes of this subsection. ``(B) Special rules.--For purposes of this subsection and section 3111(f)-- ``(i) each of the persons treated as a single taxpayer under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and ``(ii) the $250,000 amount under paragraph (4)(B)(i) shall be allocated among all persons treated as a single taxpayer under subparagraph (A) in the same manner as under subparagraph (A)(ii) or (B)(ii) of subsection (f)(1), whichever is applicable. ``(6) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-- ``(A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this subsection through the use of successor companies or other means, ``(B) regulations to minimize compliance and record-keeping burdens under this subsection, and ``(C) regulations for recapturing the benefit of credits determined under section 3111(f) in cases where there is a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment.''. (b) Credit Allowed Against FICA Taxes.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Credit for Research Expenditures of Qualified Small Businesses.-- ``(1) In general.--In the case of a taxpayer who has made an election under section 41(i) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section 41(i)(4)(A)(ii) an amount equal to the payroll tax credit portion determined under section 41(i)(2). ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. ``(3) Carryover of unused credit.--If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. ``(4) Deduction allowed for credited amounts.--The credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a).''. (c) Effective Date.--The amendments made by this section shall apply to credits determined for taxable years beginning after December 31, 2014. SEC. 3. RESEARCH CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX. (a) In General.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating clauses (ii), (iii), (iv), (v), (vi), (vii), (viii), and (ix) as clauses (iii), (iv), (v), (vi), (vii), (viii), (ix), and (x), respectively, and (2) by inserting after clause (i) the following new clause: ``(ii) the credit determined under section 41 with respect to an eligible small business (as defined in paragraph (5)(C), after application of rules similar to the rules of paragraph (5)(D)),''. (b) Effective Date.--The amendments made by this section shall apply to credits determined for taxable years beginning after December 31, 2014, and to carrybacks of such credits.

Innovators Job Creation Act of 2015 Amends the Internal Revenue Code to allow a qualified small business to elect to use a portion of its tax credit for increasing research expenditures as an offset against its payroll tax liability under the Federal Insurance Contributions Act. Defines "qualified small business" as a corporation, a partnership, or a person other than a tax-exempt organization that had gross receipts of less than $5 million for the taxable year and that did not have gross receipts for any period preceding the five-taxable-year period ending with such taxable year. Limits: (1) the number of years a taxpayer may elect to offset payroll taxes under this Act to five, and (2) the annual amount of such offset to $250,000. Allows an offset of research tax credit amounts against alternative minimum tax liability. 

Innovators Job Creation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health in Schools Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately 1 in 5 children have a diagnosable mental disorder. (2) Approximately 1 in 10 children have a serious emotional or behavioral disorder that is severe enough to cause substantial impairment in functioning at home, at school, or in the community. It is estimated that about 75 percent of children with emotional and behavioral disorders do not receive specialty mental health services. (3) Only half of schools across the United States report having formal partnerships with community mental health providers to deliver mental health services. (4) If a school is going to respond to the mental health needs of its students, it must have access to resources that provide family-centered, culturally and linguistically appropriate supports and services. (5) Effective school mental health programs reflect the collaboration and commitment of families, students, educators, and other community partners. SEC. 3. PURPOSES. It is the purpose of this Act to-- (1) revise, increase funding for, and expand the scope of the Safe Schools-Healthy Students program in order to provide access to more comprehensive school-based mental health services and supports; and (2) provide for in-service training to all school personnel in-- (A) the techniques and supports needed to identify early children with, or at risk of, mental illness; (B) the use of referral mechanisms that effectively link such children to treatment intervention services; and (C) strategies that promote a school-wide positive environment. SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Technical Amendments.--The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act (42 U.S.C. 290kk et seq.) is amended-- (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (b) Purpose and Authority.--Subsection (a) of section 581 of the Public Health Service Act (42 U.S.C. 290hh(a)) is amended to read as follows: ``(a) In General.--The Secretary, in collaboration with the Secretary of Education and in consultation with the Attorney General, shall, directly or through grants, contracts or cooperative agreements awarded to public entities and local education agencies, assist local communities and schools in applying a public health approach to mental health services both in schools and in the community. Such approach should provide comprehensive services and supports, be linguistically and culturally appropriate, and incorporate strategies of positive behavioral interventions and supports. A comprehensive school mental health program funded under this section shall assist children in dealing with violence.''. (c) Activities.--Section 581(b) of the Public Health Service Act (42 U.S.C. 290hh(b)) is amended-- (1) in paragraph (1), by striking ``implement programs'' and inserting ``implement a comprehensive culturally and linguistically appropriate school mental health program that incorporates positive behavioral interventions and supports''; (2) in paragraph (3), by inserting ``child and adolescent mental health issues and'' after ``address''; and (3) by striking paragraph (4) and inserting the following: ``(4) facilitate community partnerships among families, students, law enforcement agencies, education systems, mental health and substance abuse service systems, family-based mental health service systems, welfare agencies, healthcare service systems, and other community-based systems;''. (d) Requirements.--Subsection (c) of section 581 of the Public Health Service Act (42 U.S.C. 290hh(c)) is amended to read as follows: ``(c) Requirements.-- ``(1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a) an entity shall-- ``(A) be a partnership between a local education agency and at least one community program or agency that is involved in mental health; and ``(B) submit an application, that is endorsed by all members of the partnership, that makes the assurances described in paragraph (2). ``(2) Required assurances.--An application under paragraph (1) shall assure the following: ``(A) That the applicant will ensure that, in carrying out activities under this section, the local educational agency involved will enter into a memorandum of understanding-- ``(i) with, at a minimum, public or private mental health entities, healthcare entities, law enforcement or juvenile justice entities, child welfare agencies, family-based mental health entities, families and family organizations, and other community-based entities; and ``(ii) that clearly states-- ``(I) the responsibilities of each partner with respect to the activities to be carried out; ``(II) how each such partner will be accountable for carrying out such responsibilities; and ``(III) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. ``(B) That the comprehensive school-based mental health program carried out under this section support the flexible use of funds to address-- ``(i) the promotion of the social, emotional, and behavioral health of all students in an environment that is conducive to learning; ``(ii) the reduction in the likelihood of at risk students developing social, emotional, or behavioral health problems; ``(iii) the treatment or referral for treatment of students with existing social, emotional, or behavioral health problems; ``(iv) the early identification of social, emotional, or behavioral problems and the provision of early intervention services; and ``(v) the development and implementation of programs to assist children in dealing with violence. ``(C) That the comprehensive mental health program carried out under this section will provide for culturally and linguistically appropriate in-service training of all school personnel, including ancillary staff and volunteers, in-- ``(i) the techniques and support needed to identify early children with, or at risk of, mental illness; ``(ii) the use of referral mechanisms that effectively link such children to treatment intervention services; and ``(iii) strategies that promote a schoolwide positive environment, and includes an on-going training component. ``(D) That the comprehensive school-based mental health programs carried out under this section will demonstrate the measures to be taken to sustain the program after funding under this section terminates. ``(E) That the local education agency partnership involved is supported by the State educational and mental health system to ensure that the sustainability of the programs is established after funding under this section terminates. ``(F) That the comprehensive school-based mental health program carried out under this section is based on evidence-based practices. ``(G) That the comprehensive school-based mental health program carried out under this section is coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). ``(H) That the comprehensive school-based mental health program carried out under this section is culturally and linguistically appropriate.''. (e) Duration.--Section 581(e) of the Public Health Service Act (42 U.S.C. 290hh(e)) is amended-- (1) by striking ``may not exceed'' and inserting ``shall be''; and (2) by adding at the end the following: ``An entity may only receive one award under this section, except that an entity that is providing services and supports on a regional basis may receive additional funding after the expiration of the preceding grant period.''. (f) Evaluation.--Subsection (f) of section 581 of the Public Health Service Act (42 U.S.C. 290kk(f)) is amended to read as follows: ``(f) Evaluation and Measures of Outcomes.-- ``(1) Development of process.--The Administrator shall develop a process for evaluating activities carried out under this section. Such process shall include-- ``(A) the development of guidelines for the submission of program data by such recipients; ``(B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and ``(C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. ``(2) Measures of outcomes.-- ``(A) In general.--The Administrator shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Administrator, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph (B) and local educational measures as provided for under subparagraph (C). ``(B) Student and family measures of outcomes.--The measures of outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate-- ``(i) whether the program resulted in an increase in social and emotional competency; ``(ii) whether the program resulted in an increase in academic competency; ``(iii) whether the program resulted in a reduction in disruptive and aggressive behaviors; ``(iv) whether the program resulted in improved family functioning; ``(v) whether the program resulted in a reduction in substance abuse; ``(vi) whether the program resulted in a reduction in suspensions, truancy, expulsions and violence; ``(vii) whether the program resulted in increased graduation rates; and ``(viii) whether the program resulted in improved access to care for mental health disorders. ``(C) Local educational outcomes.--The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate-- ``(i) the effectiveness of comprehensive school mental health programs established under this section; ``(ii) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system; ``(iii) the progress made in sustaining the program once funding under the grant has expired; and ``(iv) the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training. ``(3) Submission of annual data.--An entity that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Administrator a report that include data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. ``(4) Evaluation by administrator.--Based on the data submitted under paragraph (3), the Administrator shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section.''. (g) Authorization of Appropriations and Amount of Grants.-- Subsection (h) of section 581 of the Public Health Service Act (42 U.S.C. 290hh(h)) is amended to read as follows: ``(h) Amount of Grants and Authorization of Appropriations.-- ``(1) Amount of grants.--A grant under this section shall be in an amount that is not more than $1,000,000 for each of grant years 2008 through 2012. The Secretary shall determine the amount of each such grant based on the population of children between the ages of 0 to 21 of the area to be served under the grant. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2008 through 2012.''. (h) Conforming Amendments.--Part G of title V of the Public Health Service Act (42 U.S.C. 290hh et seq.), as amended by this section, is further amended-- (1) by striking the part heading and inserting the following: ``PART VII--SCHOOL-BASED MENTAL HEALTH''; and (2) in section 581, by striking the section heading and inserting the following: ``SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND VIOLENCE.''.

Mental Health in Schools Act of 2007 - Amends the Public Health Service Act to expand the program to provide grants, contracts, or cooperative agreements to develop ways to assist children in dealing with violence to include assisting local communities and schools in applying a public health approach to mental health services, including providing comprehensive services and supports and incorporating strategies of positive behavioral interventions and supports. Authorizes the Secretary of Health and Human Services to implement a comprehensive school mental health program that incorporates positive behavioral interventions and supports. Establishes eligibility requirements for the program, including requiring: (1) a partnership between a local educational agency and at least one community program or agency that is involved in mental health; (2) the program to provide for in-service training of all school personnel; and (3) sustainability of the program after funding terminates. Requires the Administrator of the Substance Abuse and Mental Health Services Administration to develop a process for evaluating activities under the grant program to include the development of student and family outcome measures and local educational outcome measures.

A bill to amend the Public Health Service Act to revise and extend projects relating to children and violence to provide access to school-based comprehensive mental health programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2005''. SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE PROGRAM FOR ORGAN TRANSPLANT RECIPIENTS. (a) Continued Entitlement to Immunosuppressive Drugs.-- (1) Kidney transplant recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for coverage of immunosuppressive drugs under section 1861(s)(2)(J))'' after ``shall end''. (2) Other transplant recipients.--The flush matter following paragraph (2)(C)(ii)(II) of section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended by striking ``of this subsection)'' and inserting ``of this subsection and except for coverage of immunosuppressive drugs under section 1861(s)(2)(J))''. (3) Application.--Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (A) by striking ``Every individual who'' and inserting ``(a) In General.--Every individual who''; and (B) by adding at the end the following new subsection: ``(b) Special Rules Applicable to Individuals Only Eligible for Coverage of Immunosuppressive Drugs.-- ``(1) In general.--In the case of an individual whose eligibility for benefits under this title has ended except for the coverage of immunosuppressive drugs by reason of section 226(b) or 226A(b)(2), the following rules shall apply: ``(A) The individual shall be deemed to be enrolled under this part for purposes of receiving coverage of such drugs. ``(B) The individual shall be responsible for the full amount of the premium under section 1839 in order to receive such coverage. ``(C) The provision of such drugs shall be subject to the application of-- ``(i) the deductible under section 1833(b); and ``(ii) the coinsurance amount applicable for such drugs (as determined under this part). ``(D) If the individual is an inpatient of a hospital or other entity, the individual is entitled to receive coverage of such drugs under this part. ``(2) Establishment of procedures in order to implement coverage.--The Secretary shall establish procedures for-- ``(A) identifying beneficiaries that are entitled to coverage of immunosuppressive drugs by reason of section 226(b) or 226A(b)(2); and ``(B) distinguishing such beneficiaries from beneficiaries that are enrolled under this part for the complete package of benefits under this part.''. (4) Technical amendment.--Subsection (c) of section 226A of the Social Security Act (42 U.S.C. 426-1), as added by section 201(a)(3)(D)(ii) of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. 1497), is redesignated as subsection (d). (b) Extension of Secondary Payer Requirements for ESRD Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished on or after the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2005, this subparagraph shall be applied without regard to any time limitation.''. (c) Effective Date.--The amendments made by this section shall apply to drugs furnished on or after the date of enactment of this Act. SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. (a) Application to Certain Health Insurance Coverage.-- (1) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2005, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendment.--Section 2721(b)(2)(A) of the Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is amended by inserting ``(other than section 2707)'' after ``requirements of such subparts''. (b) Application to Group Health Plans and Group Health Insurance Coverage Under the Employee Retirement Income Security Act of 1974.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2005, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendments.-- (A) Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (B) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``714. Coverage of immunosuppressive drugs.''. (c) Application to Group Health Plans Under the Internal Revenue Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``9813. Coverage of immunosuppressive drugs.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2005, and such requirement shall be deemed to be incorporated into this section.''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2006.

Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act (SSA) to eliminate the time limitations for coverage of immunosuppressive drugs for individuals who receive a kidney transplant or other organ transplant. Amends title XVIII (Medicare ) of SSA to apply special rules to individuals receiving additional coverage for immunosuppressive drugs, including: (1) that such individual is deemed to be enrolled under Medicare part B for purposes of receiving such coverage; (2) that such individual is responsible for the full amount of the applicable premiums; and (3) that deductible and coinsurance amounts apply. Requires the Secretary of Health and Human Services to establish procedures for implementing such coverage. Extends Medicare secondary payer requirements for end stage renal disease beneficiaries. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan or issuer to provide coverage of immunosuppressive drugs that is at least as comprehensive as coverage provided on the date of enactment of this Act.

To amend title XVIII of the Social Security Act to provide continued entitlement to coverage for immunosuppressive drugs furnished to beneficiaries under the Medicare Program that have received an organ transplant and whose entitlement to coverage would otherwise expire, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Review Every Dollar Act of 2015''. TITLE I--FEDERAL PROGRAM SUNSET SEC. 101. LIMITATION ON REAUTHORIZATION OF FEDERAL PROGRAMS. (a) Enforcement.--(1) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, that reauthorizes any Federal program for a period of more than seven fiscal years. (2) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or any amendment thereto or conference report thereon, that establishes any new Federal program with an authorization of appropriations for a period of more than seven fiscal years. (b) Committee Review of Direct Spending Programs.--Not later than July 31 during the second session of each Congress, each standing committee of the House of Representatives and the Senate with legislative jurisdiction over any direct spending program shall apply the criteria set forth in section 102 to determine whether any such program should be modified, terminated, or reauthorized. SEC. 102. CRITERIA FOR REVIEW. Any committee of the House of Representatives or the Senate with jurisdiction over any program being reauthorized shall consider the following criteria in determining whether such program should be modified, terminated, or reauthorized: (1) The effectiveness and efficiency of the operation of the program. (2) Whether the program is cost effective. (3) Whether the original objectives of the program have been achieved. (4) Whether alternative methods exist to carry out the objectives of the program in a more cost effective manner. (5) The extent to which the program is duplicative or conflicts with other programs. (6) The potential benefits of consolidating this program with similar or duplicative programs. (7) The growth in cost per beneficiary or persons served by the program. (8) The extent to which any trends, developments, and emerging conditions may affect the problems or needs that the program is intended to address. (9) The extent it imposes mandates on State and local governments. (10) The extent it impedes sustainable economic growth. (11) The extent to which the program is a constitutionally authorized activity of the Government. TITLE II--DEFICIT REDUCTION ACCOUNTS SEC. 201. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT. (a) Discretionary Deficit Reduction Account.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``discretionary deficit reduction account ``Sec. 316. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain an account to be known as the `deficit reduction discretionary account'. The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the `deficit reduction balance'. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). ``(c) Crediting of Amounts to Account.-- ``(1) Whenever a Member of Congress offers an amendment to an appropriation bill to reduce new budget authority in any account or has the effect of reducing direct spending, that Member may state the portion of such reduction that shall be credited to-- ``(A) the deficit reduction balance; ``(B) used to offset an increase in new budget authority in any other account; or ``(C) allowed to remain within the applicable section 302(b) suballocation. ``(2) If no such statement is made, the amount of reduction in new budget authority resulting from the amendment shall be credited to the deficit reduction balance, as applicable, if the amendment is agreed to. ``(3) Except as provided by paragraph (4), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(4) When indicating the net amounts of reductions in new budget authority and outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to an appropriation bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the deficit reduction balance. ``(5) The chairman of the Committee on the Budget of the House of Representatives and the chairman of the Committee on the Budget of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(d) Calculation of Savings in Deficit Reduction Accounts in the House of Representatives and Senate.-- ``(1) For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed. ``(2) For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3). ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations.''. SEC. 202. ESTABLISHMENT OF DIRECT SPENDING REDUCTION ACCOUNT. Title III of the Congressional Budget Act of 1974 (as amended by section 201) is further amended by adding at the end the following new section: ``direct spending deficit reduction account ``Sec. 317. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `deficit reduction direct spending account'. The account shall be divided into entries corresponding to the House of Representatives or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted concurrent resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the `first-year deficit reduction account' and the `five-year deficit reduction account' or the period covered by the resolution on the budget for that fiscal year, as applicable. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Calculation of Account Savings in House and Senate.--For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (d)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (d)(3) was included in the bill just engrossed. ``(d) Crediting of Amounts to Account.--(1) Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of budget authority for direct spending provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted concurrent resolution on the budget and in addition the portion of such reduction achieved in the first ten years covered by the most recently adopted concurrent resolution on the budget that shall be credited to the first-year deficit reduction balance and the five-year deficit reduction balance, as applicable, if the amendment is agreed to. ``(2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(3) When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the first year deficit reduction balance and the five-year deficit reduction balance. ``(4) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations.''. SEC. 203. CONFORMING AMENDMENT. The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new items: ``Sec. 316. Discretionary deficit reduction account. ``Sec. 317. Direct spending deficit reduction account.''. TITLE III--GENERAL FUND TRANSFERS SEC. 301. BUDGET RULE RELATING TO TRANSFERS FROM THE GENERAL FUND OF THE TREASURY TO THE HIGHWAY TRUST FUND THAT INCREASE PUBLIC INDEBTEDNESS. For purposes of the Congressional Budget Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, the Rules of the House of Representatives, or the Standing Rules of the Senate, a bill or joint resolution, or an amendment thereto or conference report thereon, or any Act that transfers funds from the general fund of the Treasury to the Highway Trust Fund shall be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year the transfer occurs. TITLE IV--BUDGETING FOR ADMINISTRATIVE ACTIONS SEC. 501. REVIEW OF RULES REQUIRING NEW BUDGET AUTHORITY. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following: ``Sec. 559a. Review of rules requiring new budget authority ``(a) In General.--A rule made to carry out a direct spending program that would require new budget authority of not less than $100,000,000 for the fiscal year the rule takes effect or for any of the 9 fiscal years immediately succeeding that fiscal year may not take effect, except as provided in subsection (d). ``(b) Review by Office of Management and Budget of Proposed Rules.--Before the effective date of any rule, the Director of the Office of Management and Budget shall review the rule to determine if the rule is a rule described in subsection (a). If the Director determines that the rule is such a rule-- ``(1) the Director shall notify the agency making the rule-- ``(A) of that determination; and ``(B) the amount of the estimated new budget authority that the rule would require for the fiscal year in which the rule would take effect and the 9 fiscal years immediately succeeding that fiscal year; and ``(2) the agency may not undertake any further action pertaining to such rulemaking. ``(c) Periodic Review of Rules.--Beginning on the date that is one year after the date on which any rule takes effect, and annually thereafter, the Director of the Office of Management and Budget may make a determination as to whether the rule is a rule described in subsection (a). For purposes of this determination, the fiscal year the rule takes effect shall be deemed to be the fiscal year in which the Director makes the determination. If the Director determines that the rule is such a rule, the agency that issued the rule shall provide for a transition period of such length as the Director, in consultation with the agency, determines appropriate. At the end of that transition period, the rule shall cease to have effect. ``(d) Exceptions.--Notwithstanding any other provision of this section, a rule described in subsection (a) shall take effect or continue in effect-- ``(1) if the President submits written notice to the Congress that the President has determined that the rule should take effect or continue in effect because such rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement; or ``(2) when the new budget authority to carry out the rule is provided by law. ``(e) Treatment of Substantially Similar Rules.--A rule that does not take effect (or does not continue in effect) under this section may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date that the rule fails to take effect or fails to continue in effect. ``(f) Judicial Review.--Any determination under this section shall be subject to review under chapter 7 of this title. ``(g) Definitions.--The terms `new budget authority' and `direct spending' have the meanings given such terms under section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900). ``(h) Applicability.--This section shall apply only to rules for which the rulemakings are commenced after the date of enactment of the Review Every Dollar Act of 2015.''. (b) Cost of Projected Administrative Regulations.--Section 1105(a) of title 31, United States Code, is amended-- (1) by redesignating the second paragraph (37) as paragraph (39); and (2) by adding at the end the following new paragraph: ``(40) a separate statement of the cost of administrative rules that are projected to take effect during the fiscal year for which the budget is submitted.''. (c) Clerical Amendment.--The table of sections for chapter 5 of title 5, United States Code is amended by inserting after the item relating to section 559 the following new item: ``559a. Review of rules requiring new budget authority.''.

Review Every Dollar Act of 2015 This bill prohibits Congress from considering legislation authorizing or reauthorizing a federal program for more than seven years. Congressional committees are required to consider specified criteria to determine whether direct spending programs should be modified, terminated, or reauthorized. The bill amends the Congressional Budget Act of 1974 to create deficit reduction accounts for savings from legislation intended for deficit reduction. The Chairmen of the House and Senate Budget Committees are required to adjust spending allocations to reflect balances in the accounts. This creates procedural obstacles for considering legislation that spends savings intended for deficit reduction. The bill requires transfers of funds from the general fund of the Treasury to the Highway Trust Fund to be counted as new budget authority and outlays. The bill prohibits certain rules requiring at least $100 million in new budget authority from taking effect unless: (1) the President notifies Congress that the rule is necessary for an emergency, the enforcement of criminal laws, national security, or the implementation of an international trade agreement; or (2) budget authority to carry out the rule is provided by law.

Review Every Dollar Act of 2015

SECTION 1. SHORT TITLE AND DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Big Sur Wilderness and Conservation Act of 2002''. (b) Definitions.--As used in this Act, the term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM. (a) Additions to Ventana Wilderness.-- (1) In general.--The areas described in paragraph (2)-- (A) are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System; and (B) are hereby incorporated in and shall be deemed to be a part of the Ventana Wilderness designated by Public Law 91-58. (2) Areas described.--The areas referred to in paragraph (1) are the following lands in the State of California administered by the Bureau of Land Management or the United States Forest Service: (A) Certain lands which comprise approximately 995 acres, as generally depicted on a map entitled ``Anastasia Canyon Proposed Wilderness Additions to the Ventana Wilderness'' and dated March 22, 2002. (B) Certain lands which comprise approximately 3,530 acres, as generally depicted on a map entitled ``Arroyo Seco Corridor Proposed Wilderness Addition to the Ventana Wilderness'' and dated March 22, 2002. (C) Certain lands which comprise approximately 14,550 acres, as generally depicted on a map entitled ``Bear Canyon Proposed Wilderness Addition to the Ventana Wilderness'' and dated March 22, 2002. (D) Certain lands which comprise approximately 855 acres, as generally depicted on a map entitled ``Black Rock Proposed Wilderness Additions to the Ventana Wilderness'' and dated March 22, 2002. (E) Certain lands which comprise approximately 6,550 acres, as generally depicted on a map entitled ``Chalk Peak Proposed Wilderness Addition to the Ventana Wilderness'' and dated March 22, 2002. (F) Certain lands which comprise approximately 1,345 acres, as generally depicted on a map entitled ``Chews Ridge Proposed Wilderness Addition to the Ventana Wilderness'' and dated March 22, 2002. (G) Certain lands which comprise approximately 2,130 acres, as generally depicted on a map entitled ``Coast Ridge Proposed Wilderness Additions to the Ventana Wilderness'' and dated March 22, 2002. (H) Certain lands which comprise approximately 2,270 acres, as generally depicted on a map entitled ``Horse Canyon Proposed Wilderness Addition to the Ventana Wilderness'' and dated March 22, 2002. (I) Certain lands which comprise approximately 755 acres, as generally depicted on a map entitled ``Little Sur Proposed Wilderness Addition to the Ventana Wilderness'' and dated March 22, 2002. (J) Certain lands which comprise approximately 4,130 acres, as generally depicted on a map entitled ``San Antonio Proposed Wilderness Addition to the Ventana Wilderness'' and dated March 22, 2002. (b) Additions to Silver Peak Wilderness.-- (1) In general.--The areas described in paragraph (2)-- (A) are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System; and (B) are hereby incorporated in and shall be deemed to be a part of the Silver Peak Wilderness designated by Public Law 102-301. (2) Areas described.--The areas referred to in paragraph (1) are the following lands in the State of California administered by the United States Forest Service: (A) Certain lands which comprise approximately 8,235 acres, as generally depicted on a map entitled ``San Carpoforo Proposed Wilderness Addition to the Silver Peak Wilderness'' and dated March 22, 2002. (B) Certain lands which comprise approximately 8,820 acres, as generally depicted on a map entitled ``Willow Creek Proposed Wilderness Addition to the Silver Peak Wilderness'' and dated March 22, 2002. (c) Additions to Pinnacles Wilderness.-- (1) In general.--The areas described in paragraph (2)-- (A) are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System; and (B) are hereby incorporated in and shall be deemed to be a part of the Pinnacles Wilderness designated by Public Law 94- 567. (2) Areas described.--The areas referred to in paragraph (1) are the lands in the State of California administered by the National Park Service which comprise approximately 2,715 acres, as generally depicted on a map entitled ``Pinnacles Proposed Wilderness Additions'' and dated October 30, 2001. (d) Maps and Descriptions.-- (1) Filing.--As soon as practicable after the date of enactment of this Act, the appropriate Secretary shall file a map and a boundary description of each area designated as wilderness by this Act with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Effect.--Each map and description shall have the same force and effect as if included in this Act, except that the appropriate Secretary is authorized to correct clerical and typographical errors in such boundary descriptions and maps. (3) Availability.--Such maps and boundary descriptions shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management and in the Office of the Chief of the Forest Service, as appropriate. (e) State and Private Lands.--Lands within the exterior boundaries of any area added to a wilderness area under this section that are owned by the State or by a private entity shall be included within such wilderness area if such lands are acquired by the United States. Such lands may be acquired by the United States only as provided in the Wilderness Act (16 U.S.C. 1131 and following). SEC. 3. ADMINISTRATIVE PROVISIONS. (a) In General.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of Agriculture or the Secretary of the Interior, as appropriate, 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 shall be deemed to be a reference to the date of enactment of this Act. (b) Grazing.--Grazing of livestock in wilderness areas designated by this Act shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 96-560, and, the guidelines set forth in Appendix A of House Report 101-405 of the 101st Congress. (c) State Jurisdiction.--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 California with respect to wildlife and fish in California. (d) Water.-- (1) Reservation of water.--With respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved rights shall be the date of enactment of this Act. (2) Requirement to protect rights.--The appropriate Secretary and all other officers of the United States shall take steps necessary to protect the rights reserved by paragraph (1), including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined and which is conducted in accordance with the McCarran Amendment (43 U.S.C. 666). (3) No reduction or relinquishment.--Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before the date of enactment of this Act. (4) Limitation on effect.--The Federal water rights reserved by this Act are specific to the wilderness areas located in the State of California designated by this Act. Nothing in this Act related to reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made pursuant thereto. SEC. 4. WILDERNESS FIRE MANAGEMENT. (a) Revision of Management Plans.--The Secretary of Agriculture shall, by not later than 1 year after the date of the enactment of this Act, amend the management plans that apply to each of the Ventana Wilderness and the Silver Peak Wilderness, respectively, to authorize the Forest Supervisor of the Los Padres National Forest to take whatever appropriate actions in such wilderness areas are necessary for fire prevention and watershed protection consistent with wilderness values, including best management practices for fire presuppression and fire suppression measures and techniques. (b) Incorporation Into Forest Planning.--Any special provisions contained in the management plan for the Ventana Wilderness and Silver Peak Wilderness pursuant to subsection (a) shall be incorporated into the management plan for the Los Padres National Forest. SEC. 5. MILITARY TRAINING AT FORT HUNTER-LIGGETT. (a) Overflights.--Nothing in this Act shall preclude low level overflights of military aircraft, the designation of new units of special airspace, or the use or establishment of military flight training routes over wilderness areas designated by this Act. (b) Military Access.--Nonmotorized access to and use of the wilderness areas designated by this Act for military training shall be authorized to continue in wilderness areas designated by this Act in the same manner and degree as authorized prior to enactment of this Act. SEC. 6. BIG SUR INVASIVE SPECIES ERADICATION. (a) In General.--The Secretary of Agriculture may conduct a 5-year pilot program to target the eradication of invasive plant and animal species in the Monterey District of the Los Padres National Forest. (b) Application to Other Property.--Activities under the program may include actions to address invasive species problems on nearby private land or other land that is not Forest Service property, if-- (1) the land owner, or the head of the governmental agency having administrative jurisdiction over the land in the case of State, local, or Federal government-owned land, seeks to participate in the program; and (2) the invasive species concerned occurs on the land and poses a threat to national forest lands. (c) Authorization of Appropriations.--To carry out this section there is authorized to be appropriated $1,000,000 for each of 5 fiscal years. SEC. 8. SILVER PEAK WILDERNESS WATER SYSTEM SPLIT. The Secretary of Agriculture may authorize the construction and maintenance of a new water line and corresponding spring box improvements adjacent to an existing domestic water service in the Silver Peak Wilderness. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Big Sur Wilderness and Conservation Act of 2002 - Designates specified lands administered by the Bureau of Land Management, the U.S. Forest Service, or the National Park Service in California as wilderness, as components of the National Wilderness Preservation System, and as additions to the Ventana, Silver Peak, or Pinnacles Wilderness areas.Provides for livestock grazing in such areas to be administered in accordance with the Wilderness Act. Reserves for each designated wilderness area a quantity of water sufficient to fulfill the purposes of this Act and directs the Secretary of the Interior or Agriculture, as appropriate, and all other U.S. officers to protect such water rights.Directs the Secretary of Agriculture to amend the management plans for the Ventana and Silver Peak Wildernesses to authorize the Forest Supervisor of the Los Padres National Forest to take appropriate actions for fire prevention and watershed protection in such areas. Incorporates any special provisions in the management plan for such Wildernesses into the Los Padres National Forest management plan.Permits military flights and flight training over, and continued non-motorized access for military training in, such wilderness areas.Authorizes the Secretary of Agriculture to conduct a 5-year pilot program to eradicate invasive plant and animal species in the Monterey District of Los Padres National Forest. Permits program activities to include actions to address invasive species problems on nearby private land or other land that is not Forest Service property if: (1) the land owner or responsible government agency head seeks to participate in the program; and (2) the invasive species occurs on the land and poses a threat to national forest lands. Authorizes appropriations.Authorizes such Secretary to permit the construction and maintenance of a new water line and spring box improvements adjacent to an existing domestic water service in the Silver Peak Wilderness.

To designate certain lands in the State of California as components of the National Wilderness Preservation System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Reinsurance Tax Fairness Act''. SEC. 2. RESTRICTION ON INSURANCE BUSINESS EXCEPTION TO PASSIVE FOREIGN INVESTMENT COMPANY RULES. (a) In General.--Section 1297(b)(2)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) derived in the active conduct of an insurance business by a qualifying insurance corporation (as defined in subsection (f)),''. (b) Qualifying Insurance Corporation Defined.--Section 1297 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Qualifying Insurance Corporation.--For purposes of subsection (b)(2)(B)-- ``(1) In general.--The term `qualifying insurance corporation' means, with respect to any taxable year, a foreign corporation-- ``(A) which would be subject to tax under subchapter L if such corporation were a domestic corporation, and ``(B) the applicable insurance liabilities of which constitute more than 25 percent of its total assets, determined on the basis of such liabilities and assets as reported on the corporation's applicable financial statement for the last year ending with or within the taxable year. ``(2) Alternative facts and circumstances test for certain corporations.--If a corporation fails to qualify as a qualified insurance corporation under paragraph (1) solely because the percentage determined under paragraph (1)(B) is 25 percent or less, a United States person that owns stock in such corporation may elect to treat such stock as stock of a qualifying insurance corporation if-- ``(A) the percentage so determined for the corporation is at least 10 percent, and ``(B) under regulations provided by the Secretary, based on the applicable facts and circumstances-- ``(i) the corporation is predominantly engaged in an insurance business, and ``(ii) such failure is due solely to temporary circumstances involving such insurance business. ``(3) Applicable insurance liabilities.--For purposes of this subsection-- ``(A) In general.--The term `applicable insurance liabilities' means, with respect to any life or property and casualty insurance business-- ``(i) loss and loss adjustment expenses, and ``(ii) reserves (other than deficiency, contingency, or unearned premium reserves) for life and health insurance risks and life and health insurance claims with respect to contracts providing coverage for mortality or morbidity risks. ``(B) Limitations on amount of liabilities.--Any amount determined under clause (i) or (ii) of subparagraph (A) shall not exceed the lesser of such amount-- ``(i) as reported to the applicable insurance regulatory body in the applicable financial statement described in paragraph (4)(A) (or, if less, the amount required by applicable law or regulation), or ``(ii) as determined under regulations prescribed by the Secretary. ``(4) Other definitions and rules.--For purposes of this subsection-- ``(A) Applicable financial statement.--The term `applicable financial statement' means a statement for financial reporting purposes which-- ``(i) is made on the basis of generally accepted accounting principles, ``(ii) is made on the basis of international financial reporting standards, but only if there is no statement that meets the requirement of clause (i), or ``(iii) except as otherwise provided by the Secretary in regulations, is the annual statement which is required to be filed with the applicable insurance regulatory body, but only if there is no statement which meets the requirements of clause (i) or (ii). ``(B) Applicable insurance regulatory body.--The term `applicable insurance regulatory body' means, with respect to any insurance business, the entity established by law to license, authorize, or regulate such business and to which the statement described in subparagraph (A) is provided.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

Offshore Reinsurance Tax Fairness Act Amends the Internal Revenue Code to define "qualifying insurance corporation," for purposes of the insurance business exception to passive foreign investment company rules, as a foreign corporation: (1) that would be subject to U.S. taxation if it were a domestic corporation, and (2) the applicable insurance liabilities of which constitute more than 25% of its total assets. Allows an alternative facts and circumstances test for insurance corporations whose applicable insurance liabilities are not at least 25% of total assets if such percentage is at least 10% and the corporation is predominantly engaged in an insurance business.

Offshore Reinsurance Tax Fairness Act

SECTION 1. CLARIFICATION OF PRIVATE RIGHT OF ACTION AGAINST TERRORIST STATES; DAMAGES. (a) Right of Action.--Section 1605 of title 28, United States Code, is amended-- (1) in subsection (f), in the first sentence, by inserting ``or (h)'' after ``subsection (a)(7)''; and (2) by adding at the end the following: ``(h) Certain Actions Against Foreign States or Officials, Employees, or Agents of Foreign States.-- ``(1) Cause of action.-- ``(A) Cause of action.--A foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or an official, employee, or agent of such a foreign state, shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or the national's legal representative for personal injury or death caused by an act of that foreign state, or by that official, employee, or agent while acting within the scope of his or her office, employment, or agency, for which the courts of the United States may maintain jurisdiction under subsection (a)(7) for money damages. The removal of a foreign state from designation as a state sponsor of terrorism under 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), or other provision of law shall not terminate a cause of action arising under this subparagraph during the period of such designation. ``(B) Discovery.--The provisions of subsection (g) apply to actions brought under subparagraph (A). ``(C) Nationality of claimant.--No action shall be maintained under subparagraph (A) arising from an act of a foreign state or an official, employee, or agent of a foreign state if neither the claimant nor the victim was a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) when such acts occurred. ``(2) Damages.--In an action brought under paragraph (1) against a foreign state or an official, employee, or agent of a foreign state, the foreign state, official, employee, or agent, as the case may be, may be held liable for money damages in such action, which may include economic damages, damages for pain and suffering, or, notwithstanding section 1606, punitive damages. In all actions brought under paragraph (1), a foreign state shall be vicariously liable for the actions of its officials, employees, or agents. ``(3) Appeals.--An appeal in the courts of the United States in an action brought under paragraph (1) may be made-- ``(A) only from a final decision under section 1291 of this title, and then only if filed with the clerk of the district court within 30 days after the entry of such final decision; and ``(B) in the case of an appeal from an order denying the immunity of a foreign state, a political subdivision thereof, or an agency of instrumentality of a foreign state, only if filed under section 1292 of this title.''. (b) Conforming Amendment.--Section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, as contained in section 101(a) of division A of Public Law 104-208 (110 Stat. 3009-172; 28 U.S.C. 1605 note), is repealed. SEC. 2. PROPERTY SUBJECT TO ATTACHMENT EXECUTION. Section 1610 of title 28, United States Code, is amended by adding at the end the following: ``(g) Property Interests in Certain Actions.-- ``(1) In general.--A property interest of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under subsection (a)(7) or (h) of section 1605, including a property interest that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of-- ``(A) the level of economic control over the property interest by the government of the foreign state; ``(B) whether the profits of the property interest go to that government; ``(C) the degree to which officials of that government manage the property interest or otherwise control its daily affairs; ``(D) whether that government is the real beneficiary of the conduct of the property interest; or ``(E) whether establishing the property interest as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations. ``(2) United states sovereign immunity inapplicable.--Any property interest of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from execution upon a judgment entered under subsection (a)(7) or (h) of section 1605 because the property interest is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act.''. SEC. 3. APPOINTMENT OF SPECIAL MASTERS. (a) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking ``December 21, 1988, with respect to which an investigation or'' and inserting ``October 23, 1983, with respect to which an investigation or a civil or criminal''. (b) Justice for Marines.--The Attorney General shall transfer, from funds available for the program under sections 1404C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c), to the Administrator of the United States District Court for the District of Columbia such funds as may be required to carry out the orders of United States District Judge Royce C. Lamberth appointing Special Masters in the matter of Peterson, et al. v. The Islamic Republic of Iran, Case No. 01CV02094 (RCL). SEC. 4. LIS PENDENS. (a) Liens.--In every action filed in a United States district court in which jurisdiction is alleged under subsection (a)(7) or (h) of section 1605 of title 28, United States Code, the filing of a notice of pending action pursuant to such subsection, to which is attached a copy of the complaint filed in the action, shall have the effect of establishing a lien of lis pendens upon any real property or tangible personal property located within that judicial district that is titled in the name of any defendant, or titled in the name of any entity controlled by any such defendant if such notice contains a statement listing those controlled entities. A notice of pending action pursuant to subsection (a)(7) or (h) of section 1605 of title 28, United States Code, shall be filed by the clerk of the district court in the same manner as any pending action and shall be indexed by listing as defendants all named defendants and all entities listed as controlled by any defendant. (b) Enforcement.--Liens established by reason of subsection (a) shall be enforceable as provided in chapter 111 of title 28, United States Code. SEC. 5. APPLICABILITY. (a) In General.--The amendments made by this Act apply to any claim for which a foreign state is not immune under subsection (a)(7) or (h) of section 1605 of title 28, United States Code, arising before, on, or after the date of the enactment of this Act. (b) Prior Causes of Action.--In the case of any action that-- (1) was brought in a timely manner but was dismissed before the enactment of this Act for failure to state of cause of action, and (2) would be cognizable by reason of the amendments made by this Act, the 10-year limitation period provided under section 1605(f) of title 28, United States Code, shall be tolled during the period beginning on the date on which the action was first brought and ending 60 days after the date of the enactment of this Act.

Amends the Foreign Sovereign Immunities Act of 1976 (FSIA) to require that a foreign state designated as a state sponsor of terrorism under specified laws, or an official, employee, or agent of such a foreign state, shall be liable to a U.S. national for the national's personal injury or death caused by acts of that state or official, employee, or agent acting within the scope of his or her duties. Provides that the removal of a foreign state from designation as a state sponsor of terrorism shall not terminate such a cause of action arising during the period of designation. Authorizes U.S. courts to exercise jurisdiction over such actions for money damages under an FSIA provision concerning acts of torture, extrajudicial killing, aircraft sabotage, hostage taking, and material support for such acts. Mandates that property interests of foreign states, or agencies or instrumentalities of foreign states, against which judgment is entered pursuant to such provision are subject to attachment execution. Requires foreign states to be held vicariously liable for the actions of their officials, employees, or agents. Amends the Victims of Crime Act of 1984 (VCA) to modify the definition of "victim" for purposes of compensation under that Act. Requires the transfer of VCA funds to carry out an order appointing Special Masters in the matter of Peterson, et al. v. The Islamic Republic of Iran. Revives previously dismissed causes of action that would be cognizable under this Act by retroactively tolling the applicable statute of limitations from the date of initial filing to 60 days after enactment of this Act.

A bill to amend title 28, United States Code, to clarify that persons may bring private rights of actions against foreign states for certain terrorist acts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reserve Soft Landing Reintegration Act''. SEC. 2. TEMPORARY RETENTION ON ACTIVE DUTY AFTER DEMOBILIZATION OF RESERVES FOLLOWING EXTENDED DEPLOYMENTS IN CONTINGENCY OPERATIONS OR HOMELAND DEFENSE MISSIONS. (a) In General.--Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 12323. Reserves: temporary retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions ``(a) In General.--Subject to subsection (d), a member of a reserve component of the Armed Forces described in subsection (b) shall be retained on active duty in the Armed Forces for a period of 45 days following the conclusion of the member's demobilization from a deployment as described in that subsection, and shall be authorized the use of any accrued leave. ``(b) Covered Members.--A member of a reserve component of the Armed Forces described in this subsection is any member of a reserve component of the Armed Forces who was deployed for more than 179 days under the following: ``(1) A contingency operation. ``(2) A homeland defense mission (as specified by the Secretary of Defense for purposes of this section). ``(c) Pay and Allowances.--Notwithstanding any other provision of law, while a member is retained on active duty under subsection (a), the member shall receive-- ``(1) the basic pay payable to a member of the Armed Forces under section 204 of title 37 in the same pay grade as the member; ``(2) the basic allowance for subsistence payable under section 402 of title 37; and ``(3) the basic allowance for housing payable under section 403 of title 37 for a member in the same pay grade, geographic location, and number of dependents as the member. ``(d) Early Release From Active Duty.--(1) Subject to paragraph (2), at the written request of a member retained on active duty under subsection (a), the member shall be released from active duty not later than the end of the 14-day period commencing on the date the request was received. If such 14-day period would end after the end of the 45- day period specified in subsection (a), the member shall be released from active duty not later than the end of such 45-day period. ``(2) The request of a member for early release from active duty under paragraph (1) may be denied only for medical or personal safety reasons. The denial of the request shall require the affirmative action of an officer in a grade above O-5 who is in the chain of command of the member. If the request is not denied before the end of the 14-day period applicable under paragraph (1), the request shall be deemed to be approved, and the member shall be released from active duty as requested. ``(e) Reintegration Counseling and Services.--(1) The Secretary of the military department concerned shall provide each member retained on active duty under subsection (a), while the member is so retained on active duty, counseling and services to assist the member in reintegrating into civilian life. ``(2) The counseling and services provided members under this subsection shall include the following: ``(A) Physical and mental health evaluations. ``(B) Employment counseling and assistance. ``(C) Marriage and family counseling and assistance. ``(D) Financial management counseling. ``(E) Education counseling. ``(F) Counseling and assistance on benefits available to the member through the Department of Defense and the Department of Veterans Affairs. ``(3) The Secretary of the military department concerned shall provide, to the extent practicable, for the participation of appropriate family members of members retained on active duty under subsection (a) in the counseling and services provided such members under this subsection. ``(4) The counseling and services provided to members under this subsection shall, to the extent practicable, be provided at National Guard armories and similar facilities close the residences of such members. ``(5) Counseling and services provided a member under this subsection shall, to the extent practicable, be provided in coordination with the Yellow Ribbon Reintegration Program of the State concerned under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1209 of such title is amended by adding at the end the following new item: ``12323. Reserves: temporary retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions.''.

National Guard and Reserve Soft Landing Reintegration Act - Requires that a member of a reserve component of the Armed Forces who was deployed for more than 179 days for a contingency operation or a homeland defense mission be: (1) retained on active duty in the Armed Forces for 45 days after the end of the member's demobilization from a deployment; (2) allowed to use accrued leave; and (3) paid specified pay and allowances. Requires a member requesting an early release from such active duty to be released within 14 days after such request. Allows such request to be denied only for medical or personal safety reasons. Directs the Secretary of the military department concerned to provide each member so retained (and, as practicable, appropriate family members) reintegration counseling and services.

To amend title 10, United States Code, to provide for the retention of members of the reserve components on active duty for a period of 45 days following an extended deployment in contingency operations or homeland defense missions to support their reintegration into civilian life, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coding Opportunities and Development for Equitable Students Act'' or the ``High School CODES Act''. SEC. 2. DEFINITIONS. In this Act: (1) Coding.--The term ``coding'' has the meaning given the term in section 114(e)(6) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(e)(6)). (2) Computer science.--The term ``computer science'' means the study of computers and algorithmic processes, including the principles, hardware and software designs, implementation, and impact on society, of computers and algorithmic processes. SEC. 3. SENSE OF THE HOUSE. It is the sense of the House of Representatives that-- (1) States should support high schools in recognizing coding and computer science classes as classes that count toward the fulfillment of graduation requirements; (2) it should be a priority to create a national strategy to incorporate computer science and coding into the elementary and secondary educational system in the United States; (3) learning to write and read code is critical to creating and innovating in cyberspace, and learning to write and read code is a skill critical to the national security and economic competitiveness of the United States; and (4) the modernization of the educational system in the United States is a priority, and modernization is necessary to bolster the next generation of high-tech workers. SEC. 4. CODING DEMONSTRATION PROGRAM. Section 114 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324) is amended-- (1) by redesignating subsection (e) as subsection (f); (2) in subsection (d)(2)(A), by striking ``subsection (e)'' and inserting ``subsection (f)''; (3) in subsection (d)(4)(A), by striking ``subsection (e)'' and inserting ``subsection (f)''; and (4) by inserting after subsection (d) the following: ``(e) Coding Demonstration Program.-- ``(1) In general.--The Secretary shall carry out a coding demonstration program, through which the Secretary shall award grants to local educational agencies to enable those local educational agencies to establish new programs or expand existing programs that allow high school students to take a coding class in place of a mathematics, science, or foreign language class in order to fulfill a graduation requirement. ``(2) Application.-- ``(A) In general.--A local educational agency desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the information described in subparagraph (B). ``(B) Contents.--An application submitted under subparagraph (A) shall include-- ``(i) a strategy for obtaining future funding to sustain the program after the grant has ended from State, private, or other non- Federal funding sources; ``(ii) a spending plan; ``(iii) a description of the goals of the program; and ``(iv) a description of the statistics the local educational agency will collect to include in the local educational agency's report to the Secretary described under paragraph (4). ``(3) Priority.--In awarding grants under this subsection, the Secretary shall give priority to a local educational agency submitting an application under paragraph (2) that is located in a rural or underserved area. ``(4) Report.--Not later than 5 years after the date of enactment of this subsection, each local educational agency receiving a grant under paragraph (1) shall submit to the Secretary a report about the coding program activities carried out with grant funds, including information and statistics about that program's findings, successes, and failures. ``(5) Sunset.--This subsection shall remain in effect until the date that is 5 years after the date of enactment of this subsection. ``(6) Definitions.-- ``(A) Coding.--In this subsection, the term `coding' means the creation and modification of-- ``(i) source code (defined as any series of statements written in some human-readable computer programming language); or ``(ii) machine code (defined as instructions for a computer processor in some machine language). ``(B) High school.--In this subsection, the term `high school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''.

Coding Opportunities and Development for Equitable Students Act or the High School CODES Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to direct the Department of Education (ED) to carry out a coding demonstration program. Under the program, ED shall award grants to local educational agencies for the establishment or expansion of programs that allow high-school students to take a coding class in place of a mathematics, science, or foreign language class as graduation requirement.

Coding Opportunities and Development for Equitable Students Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Emergency Loan Relief Act of 2009''. SEC. 2. TEMPORARY INCREASE IN MAXIMUM LOAN AMOUNTS AND USE OF REFINANCES. (a) In General.-- (1) Maximum amounts for 7(a) loans.--Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000'' and inserting ``$4,500,000 (or if the gross loan amount would exceed $5,000,000''. (2) Maximum loan amounts under 504 program.--Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (A) in clause (i), by striking ``$1,500,000'' and inserting ``$4,000,000''; (B) in clause (ii), by striking ``$2,000,000'' and inserting ``$5,000,000''; (C) in clause (iii), by striking ``$4,000,000'' and inserting ``$5,500,000''; (D) in clause (iv), by striking ``$4,000,000'' and inserting ``$5,500,000''; and (E) in clause (v), by striking ``$4,000,000'' and inserting ``$5,500,000''. (3) Maximum loan limits under microloan program.--Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (A) in paragraph (1)(B)(iii), by striking ``$35,000'' and inserting ``$50,000''; (B) in paragraph (3)(E), by striking ``$35,000'' each place it appears and inserting ``$50,000''; and (C) in paragraph (11)(B), by striking ``$35,000'' and inserting ``$50,000''. (4) Low interest refinancing under the local development business loan program.--Section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended-- (A) in subparagraph (A), by inserting ``, including a financing that does not involve an expansion of a small business concern,'' after ``under this title''; and (B) by adding at the end the following: ``(C) Refinancing not involving expansions.--If the project for which a financing is approved under this title does not involve the expansion of a small business concern, any amount of existing indebtedness may be refinanced and added to the project cost if-- ``(i) the total amount of the financing is not more than 80 percent of the value of the collateral for the financing; ``(ii) the small business concern has been in operation for all of the 2-year period ending on the date of the financing; ``(iii) the existing indebtedness was not incurred during the 2-year period ending on the date of the financing; ``(iv) the existing indebtedness is not subject to a guarantee by any Federal agency; and ``(v) in any case in which the Administrator determines that there will be an additional cost for making a loan that includes the refinancing of the existing indebtedness, the borrower agrees to pay a fee in an amount equal to the anticipated additional cost.''. (5) Business stabilization program.--Section 506(d) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 157) is amended by striking ``$35,000'' and inserting ``$50,000''. (b) Fees.--During the period beginning on the date of enactment of this Act and ending on January 1, 2011-- (1) with respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), the Administrator of the Small Business Administration (in this subsection referred to as the ``Administrator'') shall, in lieu of the fees otherwise applicable under paragraphs (23)(A) and (18)(A) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), collect no fee; (2) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697(d)(2)) for an institution described in subclause (I), (II), or (III) of section 502(3)(B)(i) of that Act (15 U.S.C. 696(3)(B)(i)), for any loan guarantee or project subject to such subsection, collect no fee; and (3) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 697(d)(3)), collect no fee. (c) Prospective Repeal.-- (1) In general.-- (A) Maximum amounts for 7(a) loans.--Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$4,500,000 (or if the gross loan amount would exceed $5,000,000'' and inserting ``$1,500,000 (or if the gross loan amount would exceed $2,000,000''. (B) Maximum loan amounts under 504 program.-- Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (i) in clause (i), by striking ``$4,000,000'' and inserting ``$1,500,000''; (ii) in clause (ii), by striking ``$5,000,000'' and inserting ``$2,000,000''; (iii) in clause (iii), by striking ``$5,500,000'' and inserting ``$4,000,000''; (iv) in clause (iv), by striking ``$5,500,000'' and inserting ``$4,000,000''; and (v) in clause (v), by striking ``$5,500,000'' and inserting ``$4,000,000''. (C) Maximum loan limits under microloan program.-- Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (i) in paragraph (1)(B)(iii), by striking ``$50,000'' and inserting ``$35,000''; (ii) in paragraph (3)(E), by striking ``$50,000'' each place it appears and inserting ``$35,000''; and (iii) in paragraph (11)(B), by striking ``$50,000'' and inserting ``$35,000''. (D) Low interest refinancing under the local development business loan program.--Section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended-- (i) in subparagraph (A), by striking ``, including a financing that does not involve an expansion of a small business concern,''; and (ii) by striking subparagraph (C). (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2011.

Small Business Emergency Loan Relief Act of 2009 - Amends the Small Business Act and the Small Business Investment Act of 1958 to raise, until January 1, 2011, the maximum amounts of loans for the benefit of small businesses under the following Small Business Administration (SBA) programs: (1) the 7(a) program (general business loans); (2) the 504 program (loans to state and local development companies to make small business loans for plant acquisition, construction, conversion, or expansion); and (3) the Microloan program (small-scale loans to start-up, newly-established, or growing small businesses). Allows a small business owner receiving financing under the SBA local development business loan program to refinance, and add to SBA financing costs, a non-SBA indebtedness, as long as the project for which the SBA financing is approved does not involve expansion of the participant's small business. Amends the American Recovery and Reinvestment Act of 2009 to increase the maximum loan amount authorized for small businesses under the business stabilization program. Suspends certain SBA loan fees during the period beginning on the date of enactment of this Act and ending on January 1, 2011.

A bill to temporarily raise the limits on certain loans under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Second-Stage Small Business Development Act of 2005''. SEC. 2. PURPOSE. The purpose of this Act is to establish a four-year pilot program to-- (1) identify second-stage small business concerns that have the capacity for significant business growth and job creation; (2) facilitate business growth and job creation by second- stage small business concerns through the development of peer learning opportunities; (3) utilize the network of small business development centers to expand access to peer learning opportunities for second-stage small business concerns; and (4) assist businesses owned by minority individuals, service-disabled veterans, and women. SEC. 3. PILOT PROGRAM. (a) Establishment.--The Administrator shall establish and carry out a pilot program (referred to in this Act as the ``pilot program'') to make grants to eligible entities for the development of peer learning opportunities for second-stage small business concerns in accordance with this Act. (b) Selection of Grant Recipients.-- (1) In general.--From the eligible entities located in the States in each of the 10 regions under paragraph (3), the Administrator shall select 2 eligible entities to receive grants. (2) Eligible entities.--In this Act, the term ``eligible entity'' means an entity that-- (A) is eligible to receive funding under section 21 of the Small Business Act (15 U.S.C. 648); and (B) submits to the Secretary an application that includes-- (i) a plan to-- (I) offer peer learning opportunities to second-stage small business concerns; and (II) transition to providing such opportunities using non-governmental funding; and (ii) any other information and assurances that the Secretary may require. (3) Criteria for selection.-- The Administrator shall evaluate the plans submitted by the eligible entities under paragraph (2) and select eligible entities to receive grants on the basis of the merit of such plans. (4) Regions described.--The regions referred to in paragraph (1) are as follows: (A) Region 1.--Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. (B) Region 2.--New York, New Jersey, Puerto Rico, and the Virgin Islands. (C) Region 3.-- Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. (D) Region 4.--Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. (E) Region 5.--Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. (F) Region 6.--Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. (G) Region 7.--Missouri, Iowa, Nebraska, and Kansas. (H) Region 8.--Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. (I) Region 9.--California, Guam, Hawaii, Nevada, Arizona, and American Samoa. (J) Region 10.--Washington, Alaska, Idaho, and Oregon. (5) Consultation.--If small business development centers have formed an association to pursue matters of common concern as authorized under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)), the Administrator shall consult with such association and give substantial weight to the recommendations of such association in selecting the grant recipients. (6) Deadline for initial selections.--The Administrator shall make selections under paragraph (1) not later than 60 days after the promulgation of regulations under section 4. (c) Use of Funds.--An eligible entity that receives a grant under the pilot program shall use the grant to-- (1) identify second-stage small business concerns in the service delivery areas of the eligible entity; and (2) establish and conduct peer learning opportunities for such second-stage small business concerns. (d) Amount of Grant.-- (1) In general.--Except as provided in paragraph (2), a grant under the pilot program shall be in an amount that does not exceed the product obtained by multiplying-- (A) the amount made available for grants under the pilot program for the fiscal year for which the grant is made; and (B) the ratio that the population of the State in which the eligible entity is located bears to the aggregate population the States in which eligible entities receiving grants for that fiscal year are located. (2) Minimum amount of grant.--A grant under the pilot program shall be in an amount not less than $50,000. (e) Matching Requirement.--As a condition of a grant under the pilot program, the Administrator shall require that a matching amount be provided from sources other than the Federal Government that-- (1) is equal to the amount of the grant, or in the case of an eligible entity that is a community college, historically Black college, Hispanic-serving institution, or other minority institution, is equal to 50 percent of the amount of the grant; (2) is not less than 50 percent cash; (3) is not more than 50 percent comprised of indirect costs and in-kind contributions; and (4) does not include any indirect cost or in-kind contribution derived from any Federal program. (f) Quarterly Report to Administrator.-- (1) In general.--Each eligible entity that receives a grant under the pilot program shall submit to the Administrator a quarterly report that includes-- (A) a summary of the peer learning opportunities established by the eligible entity using grant funds; (B) the number of second-stage small business concerns assisted using grant funds; and (C) in the case of an eligible entity that receives a grant for a second fiscal year or any subsequent fiscal year-- (i) any measurable economic impact data resulting from the peer learning opportunities established using grant funds; and (ii) the number of peer learning opportunities established by the eligible entity that have transitioned from operating using Government funds to operating without using Government funds. (2) Form of report.--The report required under paragraph (1) shall be transmitted in electronic form. (g) Data Repository and Clearinghouse.--In carrying out the pilot program, the Administrator shall act as the repository of and clearinghouse for data and information submitted by the eligible entities. (h) Annual Report on Pilot Program.--Not later than November 1 of each year, the Administrator shall submit to the President and to Congress, a report evaluating the success of the pilot program during the preceding fiscal year, which shall include the following: (1) A description of the types of peer learning opportunities provided with grant funds. (2) The number of second-stage small business concerns assisted with grant funds. (3) For fiscal year 2007 and each subsequent fiscal year of the pilot program-- (A) data regarding the economic impact of the peer learning opportunities provided with grant funds; and (B) the number of peer learning opportunities established by grant recipients that have transitioned from operating using Government funds to operating without using Government funds. (i) Privacy Requirement.-- (1) In general.--A small business development center, consortium of small business development centers, or contractor or agent of a small business development center shall not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless-- (A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a small business development center, but a disclosure under this subparagraph shall be limited to the information necessary for such audit. (2) Administrator use of information.--The privacy requirement under this subsection shall not-- (A) restrict Administrator access to program activity data; or (B) prevent the Administrator from using client information to conduct client surveys. (j) Evaluation and Report.--Not later than 3 years after the establishment of the pilot program, the Comptroller General of the United States shall-- (1) conduct an evaluation of the pilot program; and (2) transmit to Congress and the Administrator a report containing the results of such evaluation along with any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all small business development centers. (k) Termination.--The pilot program shall terminate on September 30, 2009. SEC. 4. REGULATIONS. After providing notice and an opportunity for comment and after consulting with the association described in section 3(b)(5) (if any such association has been formed), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) standards relating to the establishment and conduct of peer learning opportunities to be provided by grant recipients, including the number of individuals that may participate in a peer group that is part of a peer learning opportunity; (2) standards relating to the educational, technical, and professional competency of any facilitator who delivers peer learning opportunities under the pilot program; and (3) requirements for transitioning peer learning opportunities funded under the pilot program to non- governmental funding. SEC. 5. DEFINITIONS. In this Act: (1) The term ``Administrator'' means the Administrator of the Small Business Administration. (2) The term ``peer learning opportunities'' means formally organized peer groups of owners, presidents and chief executive officers in non-competing second-stage business concerns, meeting regularly with a professionally trained facilitator. (3) The term ``second-stage small business concern'' means a small business concern that-- (A) has experienced high growth demonstrated by-- (i) an average annual revenue or employee growth rate of at least 15 percent during the preceding 3 years; or (ii) any 3 of the following: (I) Owning proprietary intellectual property. (II) Addressing an underserved or growing market. (III) Having a sustainable competitive advantage. (IV) Exporting goods or services outside of its community. (V) Having a product or service that is scalable to a large market. (VI) Ownership by minority individuals, service-disabled veterans, or women; and (B) does not exceed the size standard for the North American Industrial Classification System code of such concern, as established pursuant to section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (4) The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (5) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (6) The term ``community college'' has the meaning given that term in section 3301(3) of the Higher Education Act of 1965 (20 U.S.C. 7011(3)). (7) The term ``historically Black college'' means a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). (8) The term ``Hispanic-serving institution'' has the meaning given that term in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)). (9) The term ``minority institution'' has the meaning given that term in section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $1,500,000 for each of fiscal years 2006 through 2009. (b) Limitation on Use of Other Funds.--The Administrator shall carry out this Act using only amounts appropriated in advance specifically for the purpose of carrying out this Act.

Second-Stage Small Business Development Act of 2005 - Directs the Administrator of the Small Business Administration (SBA) to carry out a four-year pilot program to make grants to eligible entities for the development of peer learning opportunities for second-stage small businesses.Defines as a second-stage small business one that: (1) has experienced high growth demonstrated by an average annual revenue or employee growth rate of at least 15 percent during the preceding three years; (2) does not exceed the size standard for the North American Industrial Classification System code of a small business; and (3) has any three of specified characteristics, including owning proprietary intellectual property, addressing an underserved or growing market, and ownership by minority individuals, service-disabled veterans, or women. Provides a: (1) grant formula, with a minimum amount of $50,000; and (2) 50% matching funds requirement. Requires: (1) quarterly reports from grant recipients to the Administrator on the use of grant funds; (2) an annual report from the Administrator to the President and Congress evaluating the pilot program; and (3) a Comptroller General pilot program evaluation and report to Congress and the Administrator. Terminates the pilot program on September 30, 2009. Provides privacy requirements applicable to small business development centers administering pilot program assistance. Authorizes appropriations.

To direct the Administrator of the Small Business Administration to establish a pilot program to make grants to eligible entities for the development of peer learning opportunities for second-stage small business concerns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Staircase Escalante Enhancement Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Establishment of Escalante Canyons National Park and Preserve. Sec. 5. Withdrawals. Sec. 6. Map and legal description. Sec. 7. Grand Staircase National Monument. Sec. 8. Kaiparowits National Monument. Sec. 9. Escalante Canyons National Monument. Sec. 10. Escalante Canyons National Park and Preserve, Grand Staircase National Monument, Kaiparowits National Monument, and Escalante Canyons National Monument Management Council. Sec. 11. Federal land manager adherence. Sec. 12. Clarification. Sec. 13. Restoration of land status. Sec. 14. Hole in the Rock Road. Sec. 15. Effect on proclamations. SEC. 3. DEFINITIONS. In this Act: (1) Management council.--The term ``Management Council'' means the council established under section 10. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF ESCALANTE CANYONS NATIONAL PARK AND PRESERVE. (a) Establishment.--There is hereby established within the Escalante Canyons National Monument the ``Escalante Canyons National Park and Preserve'' in the State of Utah. (b) Boundaries.--The boundaries of Escalante Canyons National Park and Preserve are as generally depicted on the map entitled ``____'', numbered ___, and dated ____. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Purpose.--The purpose of the Escalante Canyons National Park and Preserve shall be to protect, conserve, and enhance in the Escalante Canyons National Park and Preserve-- (1) the unique and nationally important historic, natural, scenic, and natural resources; (2) recreation, including hunting; and (3) grazing. SEC. 5. WITHDRAWALS. Subject to valid existing rights, any Federal land within the Escalante Canyons National Park and Preserve, including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 6. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Escalante Canyons National Park and Preserve. (b) Force and Effect.--The map and legal description submitted under this section shall have the same force and effect as if included in this Act, except that the Secretary may make minor modifications of any clerical or typographical errors in the map or legal description provided these changes are first reported to the State of Utah, Garfield and Kane Counties in Utah, and the Management Council. SEC. 7. GRAND STAIRCASE NATIONAL MONUMENT. (a) Establishment.--Subject to valid existing rights, the Federal land comprising approximately 211,983 acres, identified as ``Grand Staircase Unit'' and generally depicted on the map entitled ``Grand Staircase-Escalante National Monument Modification'' is hereby established as the ``Grand Staircase National Monument''. (b) Purpose.--The purpose of the Grand Staircase National Monument shall be to protect, conserve, and enhance the monument's-- (1) unique and nationally important historic, scenic, and natural resources; (2) recreation, including hunting; and (3) grazing. (c) Map.-- (1) As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Grand Staircase National Monument established in this section. (2) The map and legal description submitted under this section shall have the same force and effect as if included in this title, except that the Secretary may make minor modification of any clerical or typographical errors in the map or legal description provided these changes are first reported to the State of Utah, Kane County, Utah, and the Management Council. (3) A copy of the map and legal description shall be on file and available for public inspection in the appropriate field offices of the Bureau of Land Management. SEC. 8. KAIPAROWITS NATIONAL MONUMENT. (a) Establishment.--Subject to valid existing rights, the Federal land comprising approximately 551,117 acres, identified as ``Kaiparowits Unit'' and generally depicted on the map entitled ``Grand Staircase-Escalante National Monument Modification'' is hereby established as the ``Kaiparowits National Monument''. (b) Purpose.--The purpose of the Kaiparowits National Monument shall be to protect, conserve, and enhance the monument's-- (1) unique and nationally important historic, scenic, and natural resources; (2) recreation, including hunting; and (3) grazing. (c) Map.-- (1) As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Kaiparowits National Monument established in this section. (2) The map and legal description submitted under this section shall have the same force and effect as if included in this title, except that the Secretary may make minor modification of any clerical or typographical errors in the map or legal description provided these changes are first reported to the State of Utah, Kane and Garfield Counties, Utah, and the Management Council. (3) A copy of the map and legal description shall be on file and available for public inspection in the appropriate field offices of the Bureau of Land Management. SEC. 9. ESCALANTE CANYONS NATIONAL MONUMENT. (a) Establishment.--Subject to the valid existing rights, the Federal land comprising approximately 243,241 acres, identified as ``Escalante Canyons Unit'' and generally depicted on the map entitled ``Grand Staircase-Escalante National Monument Modification'' is hereby established as the ``Escalante Canyons National Monument''. (b) Purpose.--The purpose of the Escalante Canyons National Monument shall be to protect, conserve, and enhance the monument's-- (1) unique and nationally important historic, scenic, and natural resources; (2) recreation, including hunting; and (3) grazing. (c) Map.-- (1) As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Escalante Canyons National Monument established in this section. (2) The map and legal description submitted under this section shall have the same force and effect as if included in this title, except that the Secretary may make minor modification of any clerical or typographical errors in the map or legal description provided these changes are first reported to the State of Utah, Garfield County, Utah, and the Management Council. (3) A copy of the map and legal description shall be on file and available for public inspection in the appropriate field offices of the Bureau of Land Management. SEC. 10. ESCALANTE CANYONS NATIONAL PARK AND PRESERVE, GRAND STAIRCASE NATIONAL MONUMENT, KAIPAROWITS NATIONAL MONUMENT, AND ESCALANTE CANYONS NATIONAL MONUMENT MANAGEMENT COUNCIL. (a) Establishment.--The Management Council is hereby established. (b) Duties.--The Management Council shall develop and implement the comprehensive management plans for the Escalante Canyons National Park and Preserve, the Grand Staircase National Monument, the Kaiparowits National Monument, and the Escalante Canyons National Monument consistently with the purposes of those areas as provided in this Act. (c) Membership.--The Management Council shall be composed of 7 members appointed not later than 180 days after the date of the enactment of this Act as follows: (1) One individual from the Department of Interior, appointed by the President. (2) Five individuals, appointed by the President in consultation with the Congressional delegation from the State of Utah and the Governor of Utah, who shall represent the following: (A) Two from the Garfield County, Utah, Board of Commissioners. (B) Two from the Kane County, Utah, Board of Commissioners. (C) One Utah State Legislator representing Kane County, Garfield County, or both. (3) One at-large representative appointed by the President. (d) Qualifications.--The members appointed under subsections (c)(2) and (3) shall not be employees of the Federal Government. (e) Terms.--The President shall appoint the members under subsections (c)(2) and (3) for a term of 5 years, except that the President shall designate staggered terms for the members initially appointed to the Management Council. The President may reappoint a member to not more than three consecutive terms. (f) Vacancies.--Vacancies of members appointed under subsections (c)(2) and (3) shall be filled in the same manner as such positions were originally filled as soon as practicable after the vacancy has occurred. (g) Compensation.--Members appointed under subsections (c)(2) and (3) shall serve without pay, except for reasonable travel expenses, including per diem in lieu of subsistence, at the rate authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of duties for the Council. (h) Chair.--The members shall select the chair of the Management Council from the members appointed under subsection (c)(2) and (3) for a term beginning on the date of selection, and ending in 5 years or until the member's term of office expires, whichever occurs first. (i) Staff Assistance.--The Management Council may request administrative assistance from Federal employees under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. (j) Meetings.-- (1) Frequency.--The Management Council shall meet at the call of the Chair or a majority of the members. Meetings shall be held no less than once per year. A majority must be present to constitute a quorum to conduct official business. (2) Announcement; open meetings.--All meetings of the Management Council shall be announced at least one week in advance in publications of general circulation and shall be open to the public. (k) Administration.-- (1) The Management Council shall allow hunting, fishing and trapping on lands and water under the jurisdiction of the Secretary within the Escalante Canyons National Park and Preserve in accordance with the applicable laws of the State of Utah. (2) The Management Council shall ensure that the privilege of grazing domestic livestock on lands with the Escalante Canyons National Park and Preserve shall continue to be exercised and enhanced in perpetuity. Grazing within the Escalante Canyons National Park and Preserve shall be administered by the National Park Service. SEC. 11. FEDERAL LAND MANAGER ADHERENCE. Federal land managers shall adhere to the management plans created by the Management Council. SEC. 12. CLARIFICATION. Nothing in this Act affects the jurisdiction of the State of Utah with respect to the management of fish, wildlife and predators in the State. SEC. 13. RESTORATION OF LAND STATUS. Subject to valid existing rights, the provisions of existing withdrawals, and the requirements of applicable law, the public lands excluded from the monument reservation under Presidential Proclamation ___, dated December 4, 2017, and issued under chapter 3203 of title 54, United States Code, shall be open to: (1) entry, location, selection, sale or other disposition under the public land laws; (2) disposition under all laws relating to mineral and geothermal leasing; and (3) location, entry, and patent under the mining laws. SEC. 14. HOLE IN THE ROCK ROAD. The Secretary shall convey to the State of Utah all right, title and interest of the United States in and to the Hole in the Rock Road (BLM Road 200). SEC. 15. EFFECT ON PROCLAMATIONS. Any provision of Presidential Proclamation 6920, dated September 18, 1996, and Presidential Proclamation ____, dated December 4, 2017, and issued under chapter 3203 of title 54, United States Code, that is inconsistent with this Act is hereby declared null and void.

Grand Staircase Escalante Enhancement Act This bill establishes the Escalante Canyons National Park and Preserve within the Escalante Canyons National Monument (established by this bill and consisting of approximately 243,241 acres) in Utah. Federal lands within the park and preserve, including lands or interests acquired by the United States afterwards, are withdrawn from: entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. The bill also establishes the Grand Staircase National Monument (consisting of approximately 211,983 acres) and the Kaiparowits National Monument (consisting of approximately 551,117 acres). A management council shall implement comprehensive management plans for the park and preserve and the monuments. Federal land managers must adhere to the management plans created by the council. The public lands excluded from the lands and interests in lands reserved within the modified boundaries of the Grand Staircase-Escalante National Monument under the Presidential Proclamation dated December 4, 2017, shall be open to: entry, location, selection, sale, or other disposition under the public land laws; disposition under all laws related to mineral and geothermal leasing; and location, entry, and patent under the mining laws. Interior shall convey to the state of Utah the Hole in the Rock Road (BLM [Bureau of Land Management] Road 200).

Grand Staircase Escalante Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smithsonian Institution Sesquicentennial Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 800,000 $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. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the scientific, educational, and cultural significance and importance of the Smithsonian Institution and shall include the following words from the original bequest of James Smithson: ``for the increase and diffusion of knowledge''. (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 ``1996''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Smithsonian Institution and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one 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) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on August 10, 1996, and ending on August 9, 1997. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--Except as provided in subsection (b), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian Institution for the purpose of supporting programming related to the 150th anniversary and general activities of the Smithsonian Institution. (b) National Numismatic Collection.--Not less than 15 percent of the total amount paid to the Smithsonian Institution under subsection (a) shall be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Smithsonian Institution as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution to support programming related to the 150th anniversary and general activities of the Smithsonian Institution; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.

Smithsonian Institution Sesquicentennial Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fugitive Information Networked Database Act of 2009'' or the ``FIND Act of 2009''. SEC. 2. DEFINITION. In this Act, the term ``National Crime Information Center database'' means the computerized index of criminal justice information operated by the Federal Bureau of Investigation pursuant to section 534 of title 28, United States Code, and available to Federal, State, and local law enforcement and other criminal justice agencies. SEC. 3. GRANTS TO ENCOURAGE STATES TO ENTER FELONY WARRANTS. (a) State System.--A State Attorney General may, in consultation with local law enforcement and any other relevant government agencies, apply for a grant from the United States Attorney General to-- (1) develop and implement secure, electronic warrant management systems that permit the prompt preparation, submission, and validation of warrants and are compatible and interoperable with the National Crime Information Center database; or (2) upgrade existing electronic warrant management systems to ensure compatibility and interoperability with the National Crime Information Center database; to facilitate information sharing and to ensure that felony warrants entered into State and local warrant databases can be automatically entered into the National Crime Information Center database. The grant funds may also be used to hire additional personnel, as needed, for the validation of warrants entered into the National Crime Information Center database. (b) Eligibility.--In order to be eligible for a grant authorized under subsection (a), a State shall submit to the United States Attorney General-- (1) a plan to develop and implement, or upgrade, systems described in subsection (a); (2) a report that-- (A) details the number of felony warrants outstanding in the State; (B) describes any backlog of warrants that have not been entered into the State and local warrant databases or into the National Crime Information Center database, over the preceding 3 years (including the number of such felony warrants); (C) explains the reasons for the failure of State and local government agencies to enter felony warrants into the National Crime Information Center database; and (D) demonstrates that State and local government agencies have made good faith efforts to eliminate any such backlog; (3) guidelines for warrant entry by State and local government agencies that will ensure that felony warrants entered into State and local warrant databases will also be entered into the National Crime Information Center database and explain the circumstances in which, as a matter of policy, certain felony warrants will not be entered into the National Crime Information Center database; and (4) an assurance that the State will implement such practices and procedures as may be necessary to ensure that all felony warrants for Part I crimes (as classified for the Federal Bureau of Investigation's Uniform Crime Report) that are issued after the date of enactment of this Act are entered into the National Crime Information Center database. (c) Requirements.--Each State that receives a grant under this section shall, as a condition of receiving such grant, report to the Attorney General on an annual basis the number of felony warrants entered into the State and local warrant databases, the number of felony warrants entered into the National Crime Information Center database, and, with respect to felony warrants not entered into the National Crime Information Center database, the reasons for not entering such warrants. (d) Authorization.--There are authorized to be appropriated to the Attorney General $25,000,000 for each of the fiscal years 2009 and 2010 for grants to State and local government agencies for resources to carry out the requirements of this section. SEC. 4. FBI COORDINATION. The Federal Bureau of Investigation shall provide to State and local government agencies the technological standard that ensures compatibility and interoperability of all State and local warrant databases with the National Crime Information Center database. SEC. 5. REPORT REGARDING FELONY WARRANT ENTRY. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report regarding-- (1) the number of felony warrants currently active in each State; (2) the number of those felony warrants that State and local government agencies have entered into the National Crime Information Center database; (3) the number of times State and local law enforcement in each State has been contacted regarding a fugitive apprehended in another State over the preceding 3 years; and (4) the number of fugitives from each State who were apprehended in other States over the preceding 3 years but not extradited. (b) Assistance.--To assist in the preparation of the report required by subsection (a), the Attorney General shall provide the Comptroller General of the United States with access to any information collected and reviewed in connection with the grant application process described in section 3. (c) Report.--On an annual basis, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report containing the information received from the States under this section 3(c). SEC. 6. ADDITIONAL RESOURCES FOR FUGITIVE TASK FORCES AND EXTRADITION. (a) Presidential Threat Protection Act of 2000.--Section 6(b) of the Presidential Threat Protection Act of 2000 (28 U.S.C. 566 note) is amended by adding at the end the following: ``There are authorized to be appropriated to the Attorney General for the United States Marshals Service to carry out the provisions of this section $20,000,000 for fiscal year 2009 and $10,000,000 for each of the fiscal years 2010 through 2014.''. (b) Justice Prisoner and Alien Transport System.--There are authorized to be appropriated to the Attorney General for the United States Marshals Service $3,000,000 for each of fiscal years 2009 through 2014 to assist in extradition of fugitives through the Justice Prisoner and Alien Transport System.

Fugitive Information Networked Database Act of 2009 or the FIND Act of 2009 - Permits a state attorney general to apply for Department of Justice (DOJ) grants to develop and implement or upgrade systems for the preparation, submission, and validation of state felony warrants that are compatible and interoperable with the National Crime Information Center database. Allows grant funds to be used to hire additional personnel to validate warrants entered into the database. Directs the Federal Bureau of Investigation (FBI) to provide state and local government agencies the technology to make state and local warrant databases compatible and interoperative with the National Crime Information Center database. Authorizes appropriations for the Fugitive Apprehension Task Forces and for the extradition of fugitives through the Justice Prisoner and Alien Transport System.

To encourage the entry of felony warrants into the NCIC database by States and to provide additional resources for extradition.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Financial Protection Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) On October 3, 2013, Jerome H. Powell, member of the Board of Governors of the Federal Reserve System, told the Conference of State Bank Supervisors that ``community bankers, who played no part in causing the financial crisis, have been forced to fight to ensure that they are not swept up in the torrent of costly new regulations''. (2) The profitability, and even survival, of credit unions and community and independent depository institutions is threatened by the material rise in costs of compliance, which are largely driven by resources and personnel necessary to interact with a greater number of Federal regulators and respond to an ever-growing list of required reports and special data requests. SEC. 3. PRUDENTIAL REGULATOR AS CONDUIT FOR REPORT REQUESTS. Section 1026(b) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5516(b)) is amended to read as follows: ``(b) Reports.-- ``(1) Definition.--In this subsection, the term `publicly available information' means-- ``(A) a Report of Condition and Income submitted to the Federal Deposit Insurance Corporation or the Federal Financial Institutions Examination Council; ``(B) a Thrift Financial Report submitted to the Office of Thrift Supervision; ``(C) a Financial Performance Report submitted to the National Credit Union Administration; or ``(D) any report that is designated by the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Financial Institutions Examination Council, or the National Credit Union Administration, as applicable, as a successor to any report described in subparagraph (A), (B), or (C). ``(2) Requests for reports from prudential regulators.-- ``(A) In general.--In order to minimize regulatory burden, the Director shall request reports through the prudential regulator from a person described in subsection (a), as necessary to-- ``(i) support the role of the Bureau in implementing Federal consumer financial laws; ``(ii) support examination activities of the Bureau under subsection (c); and ``(iii) assess and detect risks to consumers and consumer financial markets. ``(B) Institution-specific requests.--The Director may not make a request under subparagraph (A) for an industry-wide report or a report pertaining to 2 or more persons described in subsection (a). ``(C) Publicly available information.--The Director may make a request under subparagraph (A) only if the Director makes a showing to the prudential regulator that publicly available information pertaining to a person described in subsection (a) is insufficient for the purposes described in clauses (i), (ii), and (iii) of subparagraph (A). ``(D) Denial of requests.--The prudential regulator may deny any request for a report or information made by the Director under subparagraph (A). ``(3) Use of existing reports.-- ``(A) In general.--If a prudential regulator determines to fulfill a request for a report made by the Director under paragraph (2), the prudential regulator shall, to the fullest extent possible, fulfill the request with reports pertaining to a person described in subsection (a) that have been provided or are required to have been provided to a Federal or State agency. ``(B) Fulfilling report requests through multiple sources.--The Director shall accept existing reports in satisfaction of the requirements of this subsection in formats consistent with those submitted to the prudential regulator and Federal and State agencies, including multiple reports, if the prudential regulator has determined that the reports provide the information requested by the Director.''.

Community Financial Protection Act of 2014 - Amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to request reports through the prudential regulator from a person that is either an insured depository institution or an insured credit union with total assets of $10 billion or less (persons). Prohibits the Director from making such requests for an industry-wide report, or for a report pertaining to two or more such persons. Requires the Director, as a prerequisite to making such request, to make a showing to the prudential regulator that publicly available information pertaining to such person(s) is insufficient for the purposes of either: (1) supporting the role of the CFPB in implementing federal consumer financial laws; (2) supporting examination activities of the CFPB; or (3) risk assessment and detection concerning consumers and consumer financial markets. Authorizes the prudential regulator to deny any request for a report or information made by the Director with respect to such persons. Requires the prudential regulator who fulfills the Director's request for a report to do so with reports that have been furnished to a federal or state agency (or are required to have been furnished to a federal or state agency. Instructs the Director to accept existing reports in formats consistent with those submitted to the prudential regulator and federal and state agencies if the prudential regulator has determined that they provide the information requested.

Community Financial Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Surplus Property Reform Act of 1997''. SEC. 2. SPECIAL AUTHORITIES OF SECRETARY OF DEFENSE REGARDING DISPOSAL OF EXCESS AND SURPLUS PROPERTY. (a) Expansion of Limitation on Use of Excess Nonlethal Supplies for International Assistance Programs.-- (1) Expansion of limitation.--Section 2552 of title 10, United States Code, is amended to read as follows: ``Sec. 2552. Limitation on use of nonlethal excess supplies from Department of Defense stocks in foreign assistance, humanitarian assistance, and military sales programs ``(a) Limitation.--Nonlethal excess supplies from the stocks of the Department of Defense may be transferred to a foreign country or international organization pursuant to part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) or section 21 of the Arms Export Control Act (22 U.S.C. 2761) or used for humanitarian relief purposes under section 2547 of this title only if-- ``(1) no department or agency of the Federal Government (other than the Department of Defense), no State, and no other person or entity eligible to receive excess or surplus property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472 et seq.) submits to the Administrator of General Services a request for the nonlethal excess supplies; or ``(2) the President certifies to Congress that the transfer is necessary in order to respond to an emergency for which the nonlethal excess supplies are especially suited. ``(b) Nonlethal Excess Supplies Defined.--In this section, the term `nonlethal excess supplies' means property, other than real property, of the Department of Defense-- ``(1) that is excess property, as defined in regulations of the Department of Defense; and ``(2) that is not a weapon, ammunition, or other equipment or material that is designed to inflict serious bodily harm or death.''. (2) Conforming amendment.--Section 2547(a) of such title is amended by striking ``The Secretary of Defense'' and inserting ``Subject to section 2552 of this title, the Secretary of Defense''. (3) Clerical amendment.--The table of sections at the beginning of chapter 152 of such title is amended by amending the item relating to section 2552 to read as follows: ``2552. Limitation on use of nonlethal excess supplies from Department of Defense stocks in foreign assistance, humanitarian assistance, and military sales programs.''. (b) Elimination of General Delegation to Secretary of Defense of Disposal Authority Over Personal Property.-- (1) Base closures under 1988 act.--Section 204(b)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended-- (A) in the matter above subparagraph (A), by striking out ``real property, facilities, and personal property,'' and inserting in lieu thereof ``real property and facilities''; (B) in subparagraph (A), by inserting ``, other than personal property,'' after ``excess property''; (C) in subparagraph (B), by inserting ``, other than personal property,'' after ``surplus property''; and (D) in subparagraph (C), by inserting before the period at the end the following: ``, other than such authority with respect to personal property''. (2) Base closures under 1990 act.--Section 2905(b)(1) of the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (A) in the matter above subparagraph (A), by striking out ``real property, facilities, and personal property,'' and inserting in lieu thereof ``real property and facilities''; (B) in subparagraph (A), by inserting ``, other than personal property,'' after ``excess property''; (C) in subparagraph (B), by inserting ``, other than personal property,'' after ``surplus property''; and (D) in subparagraph (C), by inserting before the period at the end the following: ``, other than such authority with respect to personal property''. (c) Support for Regional Equipment Centers.-- (1) Newport township center.--Section 210 of Public Law 101-302 (104 Stat. 220) is repealed. (2) Cambria county center.--Section 9148 of Public Law 102- 396 (106 Stat. 1941) is repealed. SEC. 3. REPEAL OF AUTHORITY TO TRANSFER SURPLUS PROPERTY TO DISADVANTAGED SMALL BUSINESS CONCERNS ON PRIORITY BASIS. Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended-- (1) in the first sentence by striking ``or surplus property''; (2) in the second sentence by striking ``or property''; (3) by striking the third sentence; and (4) in the fourth sentence by striking ``or property''. SEC. 4. SURPLUS EQUIPMENT OF DEPARTMENT OF ENERGY RESEARCH AND DEVELOPMENT FACILITIES. Section 3166(b) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381c(b)) is amended-- (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively. SEC. 5. EXCESS LABORATORY RESEARCH EQUIPMENT. (a) Repeal.--Section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(i)) is repealed. (b) Delegation of Authority to Directors of Federal Laboratories.-- Section 203(j) of the Federal Property and Administrative Services act of 1949 (40 U.S.C. 484(j)) is amended by adding at the end the following new paragraph: ``(6) Under such regulations as the Administrator may prescribe, the Administrator may delegate to the director of any Federal laboratory (as defined in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))) the authority of the Administrator under this subsection with respect to the transfer and disposal of scientific and technical surplus property under the management or control of that Federal laboratory, if the director of the Federal laboratory certifies that the equipment is needed by an educational institution or nonprofit organization for the conduct of scientific and technical education and research.''.

Federal Surplus Property Reform Act of 1997 - Amends Federal law to repeal the authority of the Defense Reutilization and Marketing Service to receive requests for the transfer to foreign countries or international organizations in foreign assistance or military sales programs of excess supplies of Department of Defense (DOD) construction and fire equipment. Authorizes the Administrator of General Services, instead, to receive such requests. Limits to nonlethal the type of excess supplies that may be transferred. Allows such transfer for humanitarian relief purposes. Requires the President to certify to the Congress the emergency necessity for any such transaction. Amends specified Federal law to repeal the general delegation to the Secretary of Defense of disposal authority over personal property. Repeals the mandate for DOD participation in infrastructure improvement demonstration programs conducted by Regional Equipment Centers in Newport Township and Cambria County, Pennsylvania. (Sec. 3) Repeals general authority to transfer surplus property to disadvantaged small businesses. (Sec. 4) Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement. (Sec. 5) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to repeal the authority of a Federal agency head or the director of a Federal laboratory to give excess research equipment to an educational institution or nonprofit organization. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to delegate such transfer authority to the director of a Federal laboratory.

Federal Surplus Property Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Health Care Advancement Act of 1996''. SEC. 2. APPLICATION OF ANTITRUST RULE OF REASON TO HEALTH CARE PROVIDER NETWORKS. (a) Rule of Reason Standard.--In any action under the antitrust laws, or under any State law similar to the antitrust laws-- (1) the conduct of a health care provider in exchanging with 1 or more other health care providers information relating to costs, sales, profitability, marketing, prices, or fees of any health care service if-- (A) the exchange of such information is solely for the purpose of establishing a health care provider network and is reasonably required for such purpose, and (B) such information is not used for any other purpose, (2) the conduct of a health care provider network (including any health care provider who is a member of such network and who is acting on behalf of such network) in negotiating, making, or performing a contract (including the establishment and modification of a fee schedule and the development of a panel of physicians), to the extent such contract is for the purpose of providing health care services to individuals under the terms of a health benefit plan, and (3) the conduct of any member of such network for the purpose of providing such health care services under such contract to such extent, shall not be deemed illegal per se. Such conduct shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition, including the effects on competition in properly defined markets. (b) Definitions.--For purposes of subsection (a): (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition. (2) Health benefit plan.--The term ``health benefit plan'' means-- (A) a hospital or medical expense-incurred policy or certificate, (B) a hospital or medical service plan contract, (C) a health maintenance subscriber contract, or (D) a multiple employer welfare arrangement or employee benefit plan (as defined under the Employee Retirement Income Security Act of 1974). Such term includes a contract to provide health care services under section 1876 or 1903(m) of the Social Security Act. (3) Health care provider.--The term ``health care provider'' means any individual or entity that is engaged in the delivery of health care services in a State and that is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State. (4) Health care service.--The term ``health care service'' means any health care service for which payment may be made under a health benefit plan, including services related to the delivery or administration of such service. (5) Health care provider network.--The term ``health care provider network'' means an organization that-- (A) is organized by, operated by, and composed of members who are health care providers and for purposes that include providing health care services, (B) is funded in part by capital contributions made by the members of such organization, (C) with respect to each contract made by such organization for the purpose of providing a type of health care service to individuals under the terms of a health benefit plan-- (i) requires all members of such organization who engage in providing such type of health care service to agree to provide health care services of such type under such contract, (ii) receives the compensation paid for the health care services of such type provided under such contract by such members, and (iii) provides for the distribution of such compensation, (D) has established a program to review, pursuant to written guidelines, the quality, efficiency, and appropriateness of treatment methods and setting of services for all health care providers and all patients participating in such health benefit plan, along with internal procedures to correct identified deficiencies relating to such methods and such services, (E) has established a program to monitor and control utilization of health care services provided under such health benefit plan, for the purpose of improving efficient, appropriate care and eliminating the provision of unnecessary health care services, (F) has established a management program to coordinate the delivery of health care services for all health care providers and all patients participating in such health benefit plan, for the purpose of achieving efficiencies and enhancing the quality of health care services provided, and (G) has established a grievance and appeal process for such organization designed to review and promptly resolve beneficiary or patient grievances and complaints. (6) State.--The term ``State'' has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). SEC. 3. ISSUANCE OF GUIDELINES. Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Federal Trade Commission jointly shall issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of section 2.

Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.

Antitrust Health Care Advancement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Substitute Teaching Improvement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) As much as one full year of a child's elementary and secondary education is taught by substitute teachers. (2) Less than one in four school districts provide training for substitute teachers. (3) No training is given to substitute teachers in 77 percent of school districts in the United States. (4) Over half (56 percent) of school districts never have a face-to-face interview with substitute teaching candidates. (5) Poorly trained substitute teachers have a negative impact on student academic performance and achievement. (6) Schools with high concentrations of disadvantaged populations are more likely to be taught by less qualified permanent teachers and under-prepared substitute teachers. (7) Nine out of the ten lowest-ranked States in National Assessment of Educational Progress (NAEP) testing allowed substitute teachers with only a high school diploma to teach in their schools. (8) In fact, in 28 States, principals may hire anyone with a high school diploma or a general equivalency diploma (GED) who is age 18 years of age or older. (9) Schools with lower academic achievement are twice as likely to allow less qualified substitutes in the classroom. (10) On any given day in the United States, more than 270,000 classes are taught by substitute teachers. (11) Formal training of substitute teachers has been shown to improve the quality of education, lower school district liability, reduce the number of student and faculty complaints, and increase retention rates of substitute teachers. SEC. 3. ESTABLISHING A PROGRAM TO INCREASE THE EFFECTIVENESS OF SUBSTITUTE TEACHING. (a) In General.--The Secretary of Education is authorized to make competitive demonstration grants to eligible local educational agencies for the purposes of-- (1) increasing the effectiveness of substitute teaching through a comprehensive training program for substitute teachers, principals, permanent classroom teachers, and district managers of substitute teachers; and (2) evaluating the effectiveness of the program. (b) Eligible Local Educational Agency.--In this Act, the term ``eligible local educational agency'' means-- (1) a high-need local educational agency; or (2) a partnership of a high-need local educational agency and an institution of higher education, or non-profit education organization. SEC. 4. USE OF FUNDS. A local educational agency that receives a grant under section 3 shall use the funds made available through the grant-- (1) to train substitute teachers in-- (A) classroom management; (B) effective teaching strategies that address a variety of student learning needs and styles; (C) teacher professionalism; and (D) educational laws and issues; (2) to train principals and permanent teachers in effectively integrating substitute teachers in school operations, such as-- (A) best practices in recruiting and retaining substitutes; (B) best practices in preparing students for substitutes; (C) proper planning and follow-up for substitutes; and (D) use of permanent substitutes; (3) to develop a resource kit for substitute teachers that contains-- (A) short whole-class critical thinking activities; (B) independent student activities; and (C) teacher-directed activities and lessons organized by subject matter; and (4) to collect data on substitute teachers and the practices for managing substitute teachers in participating districts, including information on the-- (A) demand for substitute teachers; (B) qualifications of substitute teachers; (C) number and percentage of substitute teachers that receive some form of training prior to entering the classroom; and (D) number of complaints registered against substitute teachers. SEC. 5. RESEARCH AND REPORTS. (a) Study on Substitute Teaching.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Education shall commission a national independent evaluation of the prevalence of substitute teaching and current State and local efforts to improve the effectiveness of substitute teaching and their impact on student achievement. The Secretary shall report the findings of the evaluation to the Congress not later than two years after the date on which the study is commissioned. (b) Impact of Funded Programs.--Not later than 1 year after the date on which the last demonstration grant made under section 3 expires, the Secretary of Education shall submit a report to the Congress describing the impact on student achievement of programs funded under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal years 2009 through 2012.

Substitute Teaching Improvement Act - Authorizes the Secretary of Education to award competitive demonstration grants to high-need local educational agencies (LEAs) or partnerships between such LEAs and institutions of higher education or nonprofit education organizations for the establishment of comprehensive training programs to increase the effectiveness of substitute teaching. Requires LEAs to use such grants to: (1) train substitute teachers; (2) train principals and permanent teachers in effectively integrating substitute teachers into school operations; (3) develop a resource kit for substitute teachers; and (4) collect data on substitute teachers and practices for managing substitute teachers in participating districts. Directs the Secretary to commission an independent evaluation of the prevalence of substitute teaching and current state and local efforts to improve its effectiveness.

To authorize the Secretary of Education to establish a competitive demonstration grant program to provide funds for local educational agencies in order to increase the effectiveness of substitute teaching, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Visa Integrity Act''. SEC. 2. SEVIS AND SEVP DEFINED. In this Act: (1) SEVIS.--The term ``SEVIS'' means the Student and Exchange Visitor Information System of the Department of Homeland Security. (2) SEVP.--The term ``SEVP'' means the Student and Exchange Visitor Program of the Department of Homeland Security. SEC. 3. INCREASED CRIMINAL PENALTIES. (a) Criminal Penalty.--Chapter 75 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1548. Filing of certification petition under false pretenses ``(a) In General.--Any person who, while representing himself or herself as a principal, officer, director, or any other official of an educational institution, knowingly files a petition or provides evidence for a petition for certification or recertification with the Student and Exchange Visitor Program for attendance at such institution of nonimmigrant students under subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) under false pretenses, or attempts or conspires to do so, shall be fined under this title, imprisoned for at least 2 years and not more than 15 years, or both. ``(b) Definition.--As used in this section, the term `false pretenses' includes making a materially false statement or providing materially false information to the Secretary of Homeland Security with regard to any aspect of the Student and Exchange Visitor Program.''. (b) Clerical Amendment.--The table of sections for chapter 75 of title 18, United States Code, is amended by adding at the end the following: ``1548. Filing of certification petition under false pretenses.''. (c) Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines and policy statements to reflect the penalties applicable to persons convicted of violating section 1548 of title 18, United States Code, as added by subsection (a). SEC. 4. ACCREDITATION REQUIREMENT. Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended-- (1) in paragraph (15)(F)(i)-- (A) by striking ``section 214(l) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program in the United States'' and inserting ``section 214(m) at an accredited college, university, or language training program, or at an established seminary, conservatory, academic high school, or elementary school''; and (B) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (2) by amending paragraph (52) to read as follows: ``(52) Except as provided in section 214(m)(4), the term `accredited college, university, or language training program' means a college, university, or language training program that is accredited by an accrediting agency recognized by the Secretary of Education.''. SEC. 5. OTHER REQUIREMENTS FOR ACADEMIC INSTITUTIONS. Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended by adding at the end the following: ``(3) The Secretary of Homeland Security shall require accreditation of an academic institution (except for seminaries or other religious institutions) for purposes of section 101(a)(15)(F) if-- ``(A) that institution is not already required to be accredited under section 101(a)(15)(F)(i); and ``(B) an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation. ``(4) The Secretary of Homeland Security, in the Secretary's discretion, may waive the accreditation requirement in section 101(a)(15)(F)(i) with respect to an accredited college, university, or language training program if the academic institution-- ``(A) is otherwise in compliance with the requirements of such section; and ``(B) is, on the date of the enactment of the Student Visa Integrity Act, a candidate for accreditation or, after such date, has been a candidate for accreditation for at least 1 year and continues to progress toward accreditation by an accreditation agency recognized by the Secretary of Education.''. SEC. 6. STUDENT START DATE FOR PROGRAM TO COLLECT INFORMATION RELATING TO FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM PARTICIPANTS. (a) Student Start Date.--Section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Student start date.--Not later than one year after the date of the enactment of the Student Visa Integrity Act, the Secretary of Homeland Security may issue regulations that set a start date for the program for an academic term at each approved institution of higher education or other approved educational institution.''. (b) Technical Amendments.--Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended-- (1) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; (2) in subsection (a)(4), by striking ``Immigration and Naturalization Service'' and inserting ``Secretary of Homeland Security''; and (3) in subsection (e)(4)(A), by striking ``Attorney General's'' and inserting ``Secretary's''. SEC. 7. VISA FRAUD. (a) Immediate Withdrawal of SEVP Certification.--Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended-- (1) in paragraph (1)(A), by striking ``institution,,'' and inserting ``institution,''; and (2) by adding at the end the following: ``(3) Effect of reasonable suspicion of fraud.--If the Secretary of Homeland Security has reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program has committed fraud or attempted to commit fraud relating to any aspect of the Student and Exchange Visitor Program, the Secretary may immediately-- ``(A) withdraw such certification without prior notification; and ``(B) terminate such official's or such school's access to the Student and Exchange Visitor Information System (SEVIS). ``(4) Effect of indictment for fraud.--If an owner of, or a designated school official at, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program is indicted for fraud relating to any aspect of the Student and Exchange Visitor Program, the Secretary of Homeland Security shall immediately-- ``(A) withdraw such certification without prior notification during the pendency of the criminal prosecution; and ``(B) terminate such official's or such school's access to SEVIS during such time.''. (b) Effect of Conviction for Visa Fraud.--Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by subsection (a), is further amended by adding at the end the following: ``(5) Permanent disqualification for fraud.--A designated school official at, or an owner of, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program who is convicted for fraud relating to any aspect of the Student and Exchange Visitor Program shall be permanently disqualified from filing future petitions and from having an ownership interest or a management role, including serving as a designated school official, in any United States educational institution that enrolls nonimmigrant alien students described in subparagraph (F) or (M) of section 101(a)(15) the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''. SEC. 8. BACKGROUND CHECKS AND USE OF E-VERIFY. (a) In General.--Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended by section 3, is further amended by adding at the end the following: ``(6) Background check requirement.-- ``(A) In general.--An individual may not serve as a designated school official or be granted access to SEVIS unless the individual is a national of the United States or an alien lawfully admitted for permanent residence and during the most recent 3-year period-- ``(i) the Secretary of Homeland Security has-- ``(I) conducted a thorough background check on the individual, including a review of the individual's criminal and sex offender history and the verification of the individual's immigration status by the school through the E-Verify Program described in section 403(a); and ``(II) determined that the individual has not been convicted of any violation of United States immigration law, any offense under title 18, United States Code, or any analogous State law, and is not a risk to national security of the United States; and ``(ii) the individual has successfully completed an on-line training course on SEVP and SEVIS, which has been developed by the Secretary. ``(B) Interim designated school official.-- ``(i) In general.--An individual may serve as an interim designated school official during the period that the Secretary is conducting the background check required by subparagraph (A)(i)(I). ``(ii) Reviews by the secretary.--If an individual serving as an interim designated school official under clause (i) does not successfully complete the background check required by subparagraph (A)(i)(I), the Secretary shall review each Form I-20 issued by such interim designated school official. ``(7) Fee.--The Secretary is authorized to collect a fee from an approved school for each background check conducted under paragraph (6)(A)(i). The amount of such fee shall be equal to the average amount expended by the Secretary to conducted such background checks.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of the enactment of this Act. SEC. 9. REVOCATION OF AUTHORITY TO ISSUE FORM I-20. (a) Flight Schools Not Certified by FAA.--Immediately upon the enactment of this Act, the Secretary of Homeland Security shall prohibit any flight school in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student visa pursuant to subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration pursuant to part 141 or part 142 of title 14, Code of Federal Regulations (or similar successor regulations). (b) Schools Not Licensed by a State.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prohibit any school or designated school official in the United States from accessing the SEVIS or issuing a Form I-20 to an alien seeking a student visa pursuant to section subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) if the school that has not been licensed or authorized to offer a post-secondary credential by a State. The Secretary may waive the application of this paragraph for religious- affiliated, elementary, or secondary schools. SEC. 10. REVOCATION OF ACCREDITATION. At the time an accrediting agency or association is required to notify the Secretary of Education and the appropriate State licensing or authorizing agency of the final denial, withdrawal, suspension, or termination of accreditation of an institution pursuant to section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b), such accrediting agency or association shall notify the Secretary of Homeland Security of such determination and the Secretary of Homeland Security shall immediately withdraw the school from the SEVP and prohibit the school from accessing SEVIS. SEC. 11. REPORT ON RISK ASSESSMENT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that contains the risk assessment strategy that will be employed by the Secretary to identify, investigate, and take appropriate action against schools and school officials that are facilitating the issuance of Form I-20 and the maintenance of student visa status in violation of the immigration laws of the United States. SEC. 12. IMPLEMENTATION OF GAO RECOMMENDATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that describes-- (1) the process in place to identify and assess risks in the SEVP; (2) a risk assessment process to allocate SEVP's resources based on risk; (3) the procedures in place for consistently ensuring a school's eligibility, including consistently verifying in lieu of letters; (4) how SEVP identified and addressed missing school case files; (5) a plan to develop and implement a process to monitor state licensing and accreditation status of all SEVP-certified schools; (6) whether all flight schools that have not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration have been removed from the program and have been restricted from accessing SEVIS; (7) the standard operating procedures that govern coordination among SEVP, Counterterrorism and Criminal Exploitation Unit, and U.S. Immigration and Customs Enforcement field offices; and (8) the established criteria for referring cases of a potentially criminal nature from SEVP to the counterterrorism and intelligence community. SEC. 13. IMPLEMENTATION OF SEVIS II. Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security shall complete the deployment of both phases of the 2nd generation Student and Exchange Visitor Information System (commonly known as ``SEVIS II'').

Student Visa Integrity Act - Amends the federal criminal code to subject to a fine, between 2 and 15 years' imprisonment, or both, an individual who, while representing himself or herself as a principal, officer, or director of an educational institution, knowingly files a petition for certification or recertification with the Student and Exchange Visitor Program (SEVP) for attendance at such institution of nonimmigrant students (F-visa) or nonimmigrant vocational students (M-visa) under false pretenses. Requires that a person coming to study at a college, university, language training program, seminary, high school, or elementary school in the United States under an F-visa must attend an institution that is accredited by an accrediting agency recognized by the Secretary of Education. Authorizes the Secretary of Homeland Security (DHS) (Secretary) to require academic institutions (exempts seminaries or other religious institutions) to be similarly accredited for F-visa purposes if: (1) the institution is not already required to be accredited, and (2) an accrediting agency recognized by the Secretary of Education is able to provide such accreditation. Authorizes the Secretary to waive the accreditation requirement for an established college, university, or language training program that is otherwise in compliance with F-visa provisions and has been a candidate for accreditation for at least one year and continues to progress toward such accreditation. Authorizes the Secretary to issue regulations that set a start date for the program to collect information regarding nonimmigrant foreign students and other exchange program participants for an academic term at each approved institution of higher education. Authorizes the Secretary, upon reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, an other educational institution, or a designated exchange visitor program, has committed SEVP-related fraud to: (1) withdraw such certification without prior notification, and (2) terminate such official's or such school's access to the Student and Exchange Visitor Information System (SEVIS). Directs the Secretary, if an owner or school official is indicted for SEVP-related fraud to: (1) withdraw such certification without prior notification during the pendency of the criminal prosecution, and (2) terminate such official's or such school's SEVIS access during such time. Disqualifies permanently an owner or school official who is convicted of SEVP-related fraud from filing future petitions and from having an ownership interest or a management role in any U.S. educational institution that enrolls nonimmigrant alien students or nonimmigrant alien vocational students. Prohibits an individual from serving as a designated school official or from being granted access to SEVIS unless the individual is a U.S. national or a lawful permanent resident alien who, during the most recent three-year period, has undergone a specified background check. Prohibits any flight school in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration (FAA). Prohibits any school or designated school official in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the school has not been licensed or authorized to offer a post-secondary credential by a state. (Authorizes the Secretary to waive such provision for religious-affiliated, elementary, or secondary schools.) Requires: (1) an accrediting agency or association, at the time it is required to notify the Secretary of Education and the appropriate state licensing agency of the final denial, withdrawal, suspension, or termination of accreditation of an institution, to notify the Secretary of such determination; and (2) the Secretary to withdraw the school from the SEVP and prohibit the school from accessing SEVIS. Directs the Secretary to implement both phases of the second generation Student and Exchange Visitor Information System (SEVIS II) within two years of enactment of this Act.

A bill to provide for enhanced criminal penalties for individuals who file a SEVP certification petition under false pretenses, to prohibit certain schools from accessing SEVIS or participating in the SEVP and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information on Financial Benefits Act of 1993''. SEC. 2. DISCLOSURE OF FINANCIAL BENEFITS BY LOBBYISTS. (a) In General.--In addition to information required by law to be disclosed by registered lobbyists (herein known as ``registrants''), each registrant shall include in its semiannual reports under subsection (a) or in a separate report on financial benefits, subject to the same filing requirements, as set out in lobbying disclosure law, a list of each individual financial benefit provided directly or indirectly by a registrant (including a financial benefit provided by a lobbyist employed by or a lobbyist who is a member of a registrant) to a covered legislative branch official, to an entity that is established, maintained, controlled, or financed by a covered legislative branch official, or to any other person or entity on behalf of or in the name of a covered legislative branch official, disclosing-- (1) with respect to each financial benefit other than one described in subparagraph (B), (C), or (D)-- (A) the name and position of the covered legislative branch official or other person or entity to whom or which the financial benefit was provided; (B) the nature of the financial benefit; (C) the date on which the financial benefit was provided; and (D) the value of the financial benefit; (2) with respect to each financial benefit that is in the form of a conference, retreat, or similar event for or on behalf of covered legislative branch official that is sponsored by or affiliated with an official congressional organization-- (A) the nature of the conference, retreat, or other event; (B) the date or dates on which the conference, retreat, or other event occurred; (C) the identity of the organization that sponsored or is affiliated with the event; and (D) a single aggregate figure for the expenses incurred by the registrant in connection with the conference, retreat, or similar event; (3) with respect to each financial benefit that is in the form of an event that is hosted or cohosted with or in honor of 1 or more covered legislative branch officials-- (A) the name and position of each such covered legislative branch official; (B) the nature of the event; (C) the date on which the event occurred; and (D) the expenses incurred by the registrant in connection with the event; and (4) with respect to each financial benefit that is in the form of election campaign fundraising activity-- (A) the name and position of the covered legislative branch official on behalf of whom the fundraising activity was performed; (B) the nature of the fundraising activity; (C) the date or dates on which the fundraising activity was performed; (D) the expenses incurred by the registrant in connection with the fundraising activity; and (E) the number of contributions and the aggregate amount of contributions known by the registrant to have been made to the covered legislative branch official as a result of the fundraising activity. (b) Exemption.--A list described in subsection (a) need not disclose financial benefits having a value of $20 or less to the extent that the aggregate value of such financial benefits that are provided to or on behalf of a covered legislative branch official or other person or entity during the calendar year in which the semiannual period covered by the report occurs has not exceeded $50. (c) Definition.--As used in this section, the term ``financial benefit''-- (1) means anything of value given to, on behalf of, or for the benefit of a covered legislative branch official, including-- (A) a gift; (B) payment for local or long distance transportation, entertainment, food, or lodging, whether provided in kind, by purchase of a ticket, by payment in advance or by reimbursement, or otherwise; (C) a contribution or other payment made to a third party in lieu of an honorarium on the basis of a designation, recommendation, or other specification made by the covered legislative branch official; (D) reimbursement of an expense; (E) a loan; and (F) an expenditure made for a conference, retreat, or other event benefiting a covered person, but (2) does not include-- (A) a contribution, as defined in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), that is required to be reported under that Act, unless the contribution is in the form of participation in a fundraising activity on behalf of a covered legislative branch official, including the solicitation of contributions, hosting or cohosting of a fundraising event, or service on a campaign steering committee or its equivalent; (B) a modest item of food or refreshments, such as a soft drink, coffee, or doughnut, offered other than as part of a meal; (C) a greeting card or other item of little intrinsic value, such as a plaque, certificate, or trophy, that is intended solely for presentation; (D) financial benefits given under circumstances which make it clear that the benefits are motivated by a family or personal relationship rather than the position of the recipient; (E) financial benefits which are not used and which are promptly returned to the donor; or (F) widely attended receptions to which covered legislative branch officials are invited, other than events described in subsection (a)(2).

Information on Financial Benefits Act of 1993 - Requires lobbyists to include in their semiannual reports or in separate reports on financial benefits specified information about individual financial benefits provided to a covered legislative branch official, an entity that is established, maintained, or financed by such an official, or any person on behalf of such official, including: (1) the name and position of the recipient, the nature and value of the benefit, and the date on which the benefit was provided; and (2) with respect to conferences affiliated with official congressional organizations, events hosted with or in honor of covered officials, or election campaign fundraising activities, the nature and date of, and expenses incurred by the lobbyist in connection with, the event. Exempts from disclosure any financial benefits having a value of $20 or less to the extent that the aggregate value of benefits provided to a covered official in the calendar year covered by the report has not exceeded $50.

Information on Financial Benefits Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Flexibility Act''. SEC. 2. DEFINITION OF ADMINISTRATOR. In this Act, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. SEC. 3. INTEGRATED PLANS. (a) Integrated Plans.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(s) Integrated Plan Permits.-- ``(1) Definitions.--In this subsection: ``(A) Green infrastructure.--The term `green infrastructure' means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters. ``(B) Integrated plan.--The term `integrated plan' has the meaning given in Part III of the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated June 5, 2012. ``(C) Municipal discharge.-- ``(i) In general.--The term `municipal discharge' means a discharge from a treatment works (as defined in section 212) or a discharge from a municipal storm sewer under subsection (p). ``(ii) Inclusion.--The term `municipal discharge' includes a discharge of wastewater or storm water collected from multiple municipalities if the discharge is covered by the same permit issued under this section. ``(2) Integrated plan.-- ``(A) In general.--The Administrator (or a State, in the case of a permit program approved under subsection (b)) shall inform a municipal permittee or multiple municipal permittees of the opportunity to develop an integrated plan. ``(B) Scope of permit incorporating integrated plan.--A permit issued under this subsection that incorporates an integrated plan may integrate all requirements under this Act addressed in the integrated plan, including requirements relating to-- ``(i) a combined sewer overflow; ``(ii) a capacity, management, operation, and maintenance program for sanitary sewer collection systems; ``(iii) a municipal stormwater discharge; ``(iv) a municipal wastewater discharge; and ``(v) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load. ``(3) Compliance schedules.-- ``(A) In general.--A permit for a municipal discharge by a municipality that incorporates an integrated plan may include a schedule of compliance, under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than 1 permit term if the compliance schedules are authorized by State water quality standards. ``(B) Inclusion.--Actions subject to a compliance schedule under subparagraph (A) may include green infrastructure if implemented as part of a water quality-based effluent limitation. ``(C) Review.--A schedule of compliance may be reviewed each time the permit is renewed. ``(4) Existing authorities retained.-- ``(A) Applicable standards.--Nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this Act. ``(B) Flexibility.--Nothing in this subsection reduces or eliminates any flexibility available under this Act, including the authority of-- ``(i) a State to revise a water quality standard after a use attainability analysis under section 131.10(g) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection), subject to the approval of the Administrator under section 303(c); and ``(ii) the Administrator or a State to authorize a schedule of compliance that extends beyond the date of expiration of a permit term if the schedule of compliance meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). ``(5) Clarification of state authority.-- ``(A) In general.--Nothing in section 301(b)(1)(C) precludes a State from authorizing in the water quality standards of the State the issuance of a schedule of compliance to meet water quality-based effluent limitations in permits that incorporate provisions of an integrated plan. ``(B) Transition rule.--In any case in which a discharge is subject to a judicial order or consent decree as of the date of enactment of the Water Infrastructure Flexibility Act resolving an enforcement action under this Act, any schedule of compliance issued pursuant to an authorization in a State water quality standard shall not revise or otherwise affect a schedule of compliance in that order or decree unless the order or decree is modified by agreement of the parties and the court.''. (b) Municipal Ombudsman.-- (1) Establishment.--There is established within the Office of the Administrator an Office of the Municipal Ombudsman. (2) General duties.--The duties of the municipal ombudsman shall include the provision of-- (A) technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (B) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices. (3) Actions required.--The municipal ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that the municipality seeking assistance is provided information-- (A) about available Federal financial assistance for which the municipality is eligible; (B) about flexibility available under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and, if applicable, the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (C) regarding the opportunity to develop an integrated plan, as defined in section 402(s)(1)(B) of the Federal Water Pollution Control Act (as added by subsection (a)). (4) Priority.--In carrying out paragraph (3), the municipal ombudsman shall give priority to any municipality that demonstrates affordability concerns relating to compliance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.). (5) Information sharing.--The municipal ombudsman shall publish on the website of the Environmental Protection Agency-- (A) general information relating to-- (i) the technical assistance referred to in paragraph (2)(A); (ii) the financial assistance referred to in paragraph (3)(A); (iii) the flexibility referred to in paragraph 3(B); and (iv) any resources related to integrated plans developed by the Administrator; and (B) a copy of each permit, order, or judicial consent decree that implements or incorporates an integrated plan. (c) Municipal Enforcement.--Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Implementation of Integrated Plans Through Enforcement Tools.-- ``(1) In general.--In conjunction with an enforcement action under subsection (a) or (b) relating to municipal discharges, the Administrator shall inform a municipality of the opportunity to develop an integrated plan, as defined in section 402(s). ``(2) Modification.--Any municipality under an administrative order under subsection (a) or settlement agreement (including a judicial consent decree) under subsection (b) that has developed an integrated plan consistent with section 402(s) may request a modification of the administrative order or settlement agreement based on that integrated plan.''. (d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on each integrated plan developed and implemented through a permit, order, or judicial consent decree since the date of publication of the ``Integrated Municipal Stormwater and Wastewater Planning Approach Framework'' issued by the Environmental Protection Agency and dated June 5, 2012, including a description of the control measures, levels of control, estimated costs, and compliance schedules for the requirements implemented through an integrated plan. SEC. 4. GREEN INFRASTRUCTURE PROMOTION. Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended-- (1) by redesignating section 519 (33 U.S.C. 1251 note) as section 520; and (2) by inserting after section 518 (33 U.S.C. 1377) the following: ``SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE PROMOTION. ``(a) In General.--The Administrator shall ensure that the Office of Water, the Office of Enforcement and Compliance Assurance, the Office of Research and Development, and the Office of Policy of the Environmental Protection Agency promote the use of green infrastructure in and coordinate the integration of green infrastructure into, permitting programs, planning efforts, research, technical assistance, and funding guidance. ``(b) Duties.--The Administrator shall ensure that the Office of Water-- ``(1) promotes the use of green infrastructure in the programs of the Environmental Protection Agency; and ``(2) coordinates efforts to increase the use of green infrastructure with-- ``(A) other Federal departments and agencies; ``(B) State, tribal, and local governments; and ``(C) the private sector. ``(c) Regional Green Infrastructure Promotion.--The Administrator shall direct each regional office of the Environmental Protection Agency, as appropriate based on local factors, and consistent with the requirements of this Act, to promote and integrate the use of green infrastructure within the region that includes-- ``(1) outreach and training regarding green infrastructure implementation for State, tribal, and local governments, tribal communities, and the private sector; and ``(2) the incorporation of green infrastructure into permitting and other regulatory programs, codes, and ordinance development, including the requirements under consent decrees and settlement agreements in enforcement actions. ``(d) Green Infrastructure Information Sharing.--The Administrator shall promote green infrastructure information sharing, including through an Internet website, to share information with, and provide technical assistance to, State, tribal, and local governments, tribal communities, the private sector, and the public regarding green infrastructure approaches for-- ``(1) reducing water pollution; ``(2) protecting water resources; ``(3) complying with regulatory requirements; and ``(4) achieving other environmental, public health, and community goals.''. SEC. 5. FINANCIAL CAPABILITY GUIDANCE. (a) Definitions.--In this section: (1) Affordability.--The term ``affordability'' means, with respect to payment of a utility bill, a measure of whether an individual customer or household can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household, as determined by the Administrator. (2) Financial capability.--The term ``financial capability'' means the financial capability of a community to make investments necessary to make water quality or drinking water improvements. (3) Guidance.--The term ``guidance'' means the guidance published by the Administrator entitled ``Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development'' and dated February 1997, as applicable to the combined sewer overflows and sanitary sewer overflows guidance published by the Administrator entitled ``Financial Capability Assessment Framework'' and dated November 24, 2014. (b) Use of Median Household Income.--The Administrator shall not use median household income as the sole indicator of affordability for a residential household. (c) Revised Guidance.-- (1) In general.--Not later than 1 year after the date of completion of the National Academy of Public Administration study to establish a definition and framework for community affordability required by Senate Report 114-70, accompanying S. 1645 (114th Congress), the Administrator shall revise the guidance described in subsection (a)(3). (2) Use of guidance.--Beginning on the date on which the revised guidance referred to in paragraph (1) is finalized, the Administrator shall use the revised guidance in lieu of the guidance described in subsection (a)(3). (d) Consideration and Consultation.-- (1) Consideration.--In revising the guidance, the Administrator shall consider-- (A) the recommendations of the study referred to in subsection (c) and any other relevant study, as determined by the Administrator; (B) local economic conditions, including site- specific local conditions that should be taken into consideration in analyzing financial capability; (C) other essential community investments; (D) potential adverse impacts on distressed populations, including the percentage of low-income ratepayers within the service area of a utility and impacts in communities with disparate economic conditions throughout the entire service area of a utility; (E) the degree to which rates of low-income consumers would be affected by water infrastructure investments and the use of rate structures to address the rates of low-income consumers; (F) an evaluation of an array of factors, the relative importance of which may vary across regions and localities; and (G) the appropriate weight for economic, public health, and environmental benefits associated with improved water quality. (2) Consultation.--Any revised guidance issued to replace the guidance shall be developed in consultation with stakeholders. (e) Publication and Submission.-- (1) In general.--On completion of the revision of the guidance, the Administrator shall publish in the Federal Register and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the revised guidance. (2) Explanation.--If the Administrator makes a determination not to follow one or more recommendations of the study referred to in subsection (c)(1), the Administrator shall include in the publication and submission under paragraph (1) an explanation of that decision. (f) Effect.--Nothing in this section preempts or interferes with any obligation to comply with any Federal law, including the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

Water Infrastructure Flexibility Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow municipalities to develop a plan that integrates wastewater and stormwater management. A permit for a municipal discharge under the national pollutant discharge elimination system that incorporates an integrated plan may integrate all requirements under the Act addressed in the plan. Those permits may include a schedule of compliance that allows actions for meeting water quality-based effluent limitations to be implemented over more than one permit term if the compliance schedules are authorized by state water quality standards. Those actions may include implementing green infrastructure as part of a water quality-based effluent limitation. (Green infrastructure includes measures that mimic natural processes to store, reuse, or reduce stormwater.) The bill establishes an Office of the Municipal Ombudsman in the Environmental Protection Agency (EPA) to provide: (1) technical assistance to municipalities seeking to comply with the Clean Water Act and the Safe Drinking Water Act, and (2) information to the EPA to ensure that agency policies are implemented by all EPA offices. The EPA must ensure that specified EPA offices promote the integration of green infrastructure into permitting programs, planning efforts, research, technical assistance, and funding guidance. The bill establishes requirements for revising the EPA's 1997 guidance about combined sewer overflows, including by setting forth criteria for determining the ability of households to pay utility bills. (Combined sewer systems collect rainwater, sewage, and industrial wastewater into one pipe. During storms, the combined wastewater sometimes exceeds the capacity of the treatment plant. When this occurs, combined sewer overflows discharge directly into water bodies.)

Water Infrastructure Flexibility Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Energy Initiative Act of 2006''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``biomass'' has the meaning given that term in section 932(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16232(a)(1)); (2) the term ``cellulosic feedstock'' has the meaning given the term ``lignocellulosic feedstock'' in section 932(a)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16232(a)(2)); (3) the term ``engineering-scale'' means the minimum size required to predict with confidence all physical processes controlling the performance of a full-scale industrial facility; (4) the term ``National Laboratory'' has the meaning given the term ``nonmilitary energy laboratory'' in section 903(3) of the Energy Policy Act of 2005 (42 U.S.C. 16182(3)); (5) the term ``plug-in hybrid motor vehicle'' means a motor vehicle that-- (A) can operate on either liquid combustible fuel or electric power provided by a rechargeable battery that can be recharged using offboard sources of electric power; (B) utilizes regenerative power capture technology to recover energy expended in braking the vehicle for use in recharging the battery; and (C) can operate solely on electric power for a minimum of 20 miles under city driving conditions; and (6) the term ``Secretary''means the Secretary of Energy. SEC. 3. FUTUREGEN. (a) In General.--The Secretary shall carry out a project to demonstrate the feasibility of the commercial application of advanced clean coal energy technology, including carbon capture and geological sequestration, for electricity generation. (b) Requirements.--The Secretary shall design the project to ensure that-- (1) the project is operating by 2012; (2) the project shall be able-- (A) to achieve at least a 99 percent reduction in sulfur dioxide emissions; (B) to emit no more than 0.05 pounds of nitrogen oxide emissions per million British thermal units of energy produced by the project; (C) to achieve at least a 90 percent reduction in mercury emissions; (D) to emit no more than 0.005 of total particulate emissions in the flue gas per million British thermal units of energy produced by the project; and (E) to achieve at least a 90 percent reduction in carbon dioxide emissions; and (3) the project demonstrates the feasibility of electricity generation from coal using advanced clean coal technology with carbon capture and geological sequestration at a cost not greater than 10 percent higher than the average of all commercial integrated coal gasification and combined cycle electric generating plants operating in the United States as of the date of enactment of this Act. (c) Commercially Available Advanced Clean Coal Technology.--To reduce technical risk and focus development efforts on system integration, the Secretary shall, to the extent practicable, ensure that the project utilizes available advanced clean coal technology, such as coal gasifier technology, for those components of the project where such technology would be appropriate. (d) Authorization of Appropriations.--From amounts authorized to be appropriated by section 401(a) of the Energy Policy Act of 2005 (42 U.S.C. 15961(a)), there are authorized to be appropriated to the Secretary to carry out this section-- (1) $54,000,000 for fiscal year 2007; (2) $100,000,000 for fiscal year 2008; (3) $113,000,000 for fiscal year 2009; (4) $81,000,000 for fiscal year 2010; (5) $62,000,000 for fiscal year 2011; and (6) $57,000,000 for fiscal year 2012. SEC. 4. ADVANCED FUEL CYCLE TECHNOLOGIES FOR NUCLEAR POWER. (a) In General.--The Secretary shall carry out a program of research, development, demonstration, and commercial application for advanced nuclear fuel cycle technologies for generating electricity and industrial process heat from nuclear power, including technologies for spent fuel recycling, waste minimization, and reduction of radioactivity of final waste products. (b) Objectives.--The Secretary shall design the program under this section to develop technologies that would-- (1) minimize the volume and heat load of high-level nuclear waste destined for storage in a geological repository to the extent that a single repository would be sufficient for storing all nuclear waste generated by United States commercial nuclear power plants during this century; (2) increase the proliferation resistance of commercial nuclear power reactors and their associated fuel systems and infrastructure; and (3) increase the amount of useful energy that can be extracted from nuclear fuel. (c) Systems Analysis.-- (1) In general.--The Secretary shall develop a comprehensive modeling and simulation capability to enable a thorough analysis of possible advanced nuclear fuel cycle systems. The modeling and simulation capability shall be capable of examining-- (A) all of the components of each advanced nuclear fuel cycle system analyzed, including-- (i) spent fuel separations technologies; (ii) advanced burner reactor technologies; (iii) fuel fabrication technologies; (iv) advanced thermal reactor technologies, including advanced thermal reactor designs that would be capable of reducing the toxicity or radioactivity of spent nuclear fuel components; and (v) waste disposal technologies; (B) the manner in which possible technology and engineering choices for individual components might affect the overall system, and how various system components would interact with one another; and (C) quantitative mass flows of nuclear fuel and spent nuclear fuel, including projected inventories and transportation requirements for nuclear fuel and spent nuclear fuel, for any examined system. (2) Advanced nuclear fuel cycle system plan.-- (A) Analysis.--The Secretary shall conduct a thorough analysis of more than one possible configuration of an advanced nuclear fuel cycle system using the analytical capability developed under paragraph (1). Each possible advanced nuclear fuel cycle system configuration examined shall include both advanced burner reactors and advanced thermal reactors, and the analysis shall consider the degree to which each type of reactor can be utilized to reduce the toxicity or radioactivity of spent nuclear fuel components. The analysis of each possible configuration of an advanced nuclear fuel cycle system examined shall examine the compatibility of fuel cycle system components, including each of the system component technologies described in paragraph (1)(A), and the degree to which the examined system would meet the objectives described in subsection (b). (B) Plan.--Using the results of the analyses developed under subparagraph (A), and not later than June 30, 2007, the Secretary shall develop a detailed plan for research, development, demonstration, and commercial application on advanced nuclear fuel cycle system technologies, including proposed technology options for each of the system component technologies described in paragraph (1)(A) and any proposed engineering-scale demonstrations of such system component technologies. The plan shall include an estimate of the design, engineering, construction and lifetime operating costs of any proposed engineering- scale demonstration. In developing the plan, the Secretary shall consider the integration into an advanced nuclear fuel cycle system of advanced thermal reactors capable of reducing the toxicity or radioactivity of spent nuclear fuel components. (C) Consultation.--In developing the plan under subparagraph (B), the Secretary shall consult with-- (i) technical experts from United States and foreign companies that design or engineer nuclear power plants or nuclear fuel reprocessing facilities; (ii) technical experts from United States electric utilities that operate nuclear power plants; (iii) economists with expertise in nuclear power and electricity markets; (iv) the Nuclear Energy Research Advisory Committee; (v) the Chairman of the Nuclear Regulatory Commission; and (vi) the Administrator of the Environmental Protection Agency. (3) National academy of sciences review.--The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a review of the plan developed under paragraph (2)(B), including by reviewing the validity of the underlying analyses required in paragraph (2)(A). (d) Report.--Not later than June 30, 2008, the Secretary shall transmit to Congress a report that includes the research, development, demonstration, and commercial application plan developed under subsection (c)(2)(B), the report from the National Academy of Sciences on the review conducted under subsection (c)(3), and the Secretary's response to the findings and conclusions contained in the National Academy of Sciences report. (e) Prohibition.--The Secretary shall not initiate detailed design or construction of any demonstration facility that is capable of processing 500 kilograms or more per year of nuclear fuel or spent nuclear fuel and that is designed to demonstrate the advanced nuclear fuel system component technologies described in subsection (c)(1)(A)(ii) and (iii) until 90 days after the report under subsection (d) has been transmitted to Congress. (f) Authorization of Appropriations.-- (1) Allocations.--From amounts authorized to be appropriated under section 951(d)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16271(d)(1)), there are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2007 through 2009. (2) Additional amounts.--There are authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2010 through 2012. SEC. 5. ADVANCED BATTERY TECHNOLOGIES. (a) In General.--The Secretary shall carry out a program of research, development, demonstration, and commercial application for advanced battery technologies for use in motor vehicles, particularly for plug-in hybrid motor vehicles. (b) Objective.--The Secretary shall design the program under this section to develop technologies that would enable a light-duty, plug-in hybrid motor vehicle to travel up to 40 miles on battery power alone. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section-- (1) $31,000,000 for fiscal year 2007; (2) $34,100,000 for fiscal year 2008; (3) $37,500,000 for fiscal year 2009; and (4) $41,250,000 for fiscal year 2010. SEC. 6. ADVANCED BIOFUEL TECHNOLOGIES. (a) In General.--The Secretary shall carry out a program of research, development, demonstration, and commercial application for production of liquid fuels from biomass. (b) Objectives.--The Secretary shall design the program under this section to-- (1) develop technologies that would make ethanol produced from cellulosic feedstocks cost competitive with ethanol produced from corn by 2012; (2) conduct research and development on how to apply advanced genetic engineering and bioengineering techniques to increase the efficiency and lower the cost of industrial-scale production of liquid fuels from cellulosic feedstocks; and (3) conduct research and development on the production of hydrocarbons other than ethanol from biomass. (c) Authorization of Appropriations.--From amounts authorized to be appropriated under section 931(c) of the Energy Policy Act of 2005 (42 U.S.C. 16231(c)), there are authorized to be appropriated to the Secretary to carry out this section-- (1) $150,000,000 for fiscal year 2007; (2) $160,000,000 for fiscal year 2008; and (3) $175,000,000 for fiscal year 2009. SEC. 7. ADVANCED HYDROGEN STORAGE TECHNOLOGIES. (a) In General.--The Secretary shall carry out a program of research, development, demonstration, and commercial application for technologies to enable practical onboard storage of hydrogen for use as a fuel for light-duty motor vehicles. (b) Objective.--The Secretary shall design the program under this section to develop practical hydrogen storage technologies that would enable a hydrogen-fueled light-duty motor vehicle to travel 300 miles before refueling. (c) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated, there are authorized to be appropriated to the Secretary to carry out this section-- (1) $46,000,000 for fiscal year 2007; (2) $50,000,000 for fiscal year 2008; (3) $55,000,000 for fiscal year 2009; and (4) $60,000,000 for fiscal year 2010. SEC. 8. ADVANCED SOLAR PHOTOVOLTAIC TECHNOLOGIES. (a) In General.--The Secretary shall carry out a program of research, development, demonstration, and commercial application for advanced solar photovoltaic technologies. (b) Objectives.--The Secretary shall design the program under this section to develop technologies that would-- (1) make electricity generated by solar photovoltaic power cost-competitive by 2015; and (2) enable the widespread use of solar photovoltaic power. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section-- (1) $148,000,000 for fiscal year 2007; (2) $155,000,000 for fiscal year 2008; (3) $165,000,000 for fiscal year 2009; and (4) $180,000,000 for fiscal year 2010. SEC. 9. ADVANCED WIND ENERGY TECHNOLOGIES. (a) In General.--The Secretary shall carry out a program of research, development, demonstration, and commercial application for advanced wind energy technologies. (b) Objectives.--The Secretary shall design the program under this section to-- (1) improve the efficiency and lower the cost of wind turbines; (2) minimize adverse environmental impacts; and (3) develop new small-scale wind energy technologies for use in low wind speed environments. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section-- (1) $44,000,000 for fiscal year 2007; (2) $48,400,000 for fiscal year 2008; (3) $53,240,000 for fiscal year 2009; and (4) $58,564,000 for fiscal year 2010.

Advanced Energy Initiative Act of 2006 - Instructs the Secretary of Energy to: (1) implement a project to demonstrate the commercial feasibility of advanced clean coal energy technology, including carbon capture and geological sequestration, for electricity generation (FutureGen); and (2) ensure, to the extent practicable, that the project utilizes available advanced clean coal technology, such as coal gasifier technology. Directs the Secretary to implement research and development programs for advanced nuclear fuel cycle technologies for generating electricity and industrial process heat from nuclear power, including spent fuel recycling, waste minimization, and reduction of radioactivity of final waste products. Directs the Secretary to develop a comprehensive modeling and simulation capability to enable a thorough analysis of possible advanced nuclear fuel cycle systems, as well as of more than one possible configuration of an advanced nuclear fuel cycle system using the analytical capability so developed. Requires the Secretary to develop and report to Congress a detailed advanced nuclear fuel cycle system technology plan. Prohibits the Secretary, until 90 days after delivery of such report, from initiating detailed design or construction of any demonstration facility: (1) capable of processing 500 kilograms or more per year of nuclear fuel or spent nuclear fuel; and (2) designed to demonstrate certain advanced nuclear fuel system component technologies. Instructs the Secretary to implement research and development programs for advanced: (1) battery technologies to use in motor vehicles, particularly plug-in hybrids; (2) biofuel technologies; (3) hydrogen storage technologies; (4) solar photovoltaic technologies; and (5) wind energy technologies.

To authorize research, development, demonstration, and commercial application activities for advanced energy technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalizing the Economy of Fisheries in the Pacific Act'' or the ``REFI Pacific Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) In 2000, the Secretary of Commerce declared the West Coast groundfish fishery a Federal fisheries economic disaster due to low stock abundance, an overcapitalized fleet, and historically overfished stocks. (2) Section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108-7; 117 Stat. 80) was enacted to establish a Pacific Coast groundfish fishing capacity reduction program, also known as a buyback program, to remove excess fishing capacity. (3) In 2003, Congress authorized the $35,700,000 buyback loan, creating the Pacific Coast groundfish fishing capacity reduction program through the National Marine Fisheries Service fisheries finance program with a term of 30 years. The interest rate of the buyback loan was fixed at 6.97 percent and is paid back based on an ex-vessel fee landing rate not to exceed 5 percent for the loan. (4) The groundfish fishing capacity reduction program resulted in the removal of limited entry trawl Federal fishing permits from the fishery, representing approximately 46 percent of total landings at the time. (5) Because of an absence of a repayment mechanism, $4,243,730 in interest accrued before fee collection procedures were established in 2005, over 18 months after the groundfish fishing capacity reduction program was initiated. (6) In 2011, the West Coast groundfish fishery transitioned to an individual fishing quota fishery, which is a type of catch share program. (7) By 2015, West Coast groundfish fishermen's expenses are expected to include fees of approximately $450 per day for observers, a 3-percent cost recovery fee as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801) for catch share programs, and a 5-percent ex- vessel landings rate for the loan repayment, which could reach 18 percent of their total gross revenue. (8) In 2012, the West Coast groundfish limited entry trawl fishery generated $63,000,000, an increase from an average of $45,000,000 during the years 2006 to 2011. This revenue is expected to continue to increase post-rationalization. (b) Purpose.--The purpose of this Act is to refinance the Pacific Coast groundfish fishery fishing capacity reduction program to protect and conserve the West Coast groundfish fishery and the coastal economies in California, Oregon, and Washington that rely on it. SEC. 3. REFINANCING OF PACIFIC COAST GROUNDFISH FISHING CAPACITY REDUCTION LOAN. (a) In General.--The Secretary of Commerce, upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States, shall issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108-7; 117 Stat. 80). (b) Applicable Law.--Except as otherwise provided in this section, the Secretary shall issue the loan under this section in accordance with subsections (b) through (e) of section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a) and sections 53702 and 53735 of title 46, United States Code. (c) Loan Term.-- (1) In general.--Notwithstanding section 53735(c)(4) of title 46, United States Code, a loan under this section shall have a maturity that expires at the end of the 45-year period beginning on the date of issuance of the loan. (2) Extension.--Notwithstanding paragraph (1) and if there is an outstanding balance on the loan after the period described in paragraph (1), a loan under this section shall have a maturity of 45 years or until the loan is repaid in full. (d) Limitation on Fee Amount.--Notwithstanding section 312(d)(2)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(d)(2)(B)), the fee established by the Secretary with respect to a loan under this section shall not exceed 3 percent of the ex-vessel value of the harvest from each fishery for where the loan is issued. (e) Interest Rate.-- (1) In general.--Notwithstanding section 53702(b)(2) of title 46, United States Code, the annual rate of interest an obligor shall pay on a direct loan obligation under this section is the percent the Secretary must pay as interest to borrow from the Treasury the funds to make the loan. (2) Subloans.--Each subloan under the loan authorized by this section-- (A) shall receive the interest rate described in paragraph (1); and (B) may be paid off at any time notwithstanding subsection (c)(1). (f) Ex-Vessel Landing Fee.-- (1) Calculations and accuracy.--The Secretary shall set the ex-vessel landing fee to be collected for payment of the loan under this section-- (A) as low as possible, based on recent landings value in the fishery, to meet the requirements of loan repayment; (B) upon issuance of the loan in accordance with paragraph (2); and (C) on a regular interval not to exceed every 5 years beginning on the date of issuance of the loan. (2) Deadline for initial ex-vessel landings fee calculation.--Not later than 60 days after the date of issuance of the loan under this section, the Secretary shall recalculate the ex-vessel landing fee based on the most recent value of the fishery. (g) Authorization.--There is authorized to be appropriated to the Secretary of Commerce to carry out this section an amount equal to 1 percent of the amount of the loan authorized under this section for purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

Revitalizing the Economy of Fisheries in the Pacific Act or the REFI Pacific Act - Directs the Secretary of Commerce (upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States) to issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under the Department of Commerce and Related Agencies Appropriations Act, 2003. Requires such loan to have a maturity that expires 45 years after the date of issuance, subject to extension if there is an outstanding balance after such period. Prohibits the fee with respect to such loan from exceeding 3% of the ex-vessel value of the harvest from each fishery for which the loan is issued. Sets forth requirements for direct loan interest rates, subloans, and the calculation of the ex-vessel landing fee to be collected for payment of such loan.

REFI Pacific Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Health Protection and Promotion Act''. SEC. 2. SENSE OF CONGRESS ON PUBLIC HEALTH AND CLIMATE CHANGE. It is the sense of the Congress that the Federal Government, in cooperation with international, State, tribal, and local governments, concerned public and private organizations, and citizens, should use all practicable means and measures-- (1) to assist the efforts of public health and health care professionals, first responders, States, tribes, municipalities, and local communities to incorporate measures to prepare health systems to respond to the impacts of climate change; (2) to ensure-- (A) that the Nation's health professionals have sufficient information to prepare for and respond to the adverse health impacts of climate change; (B) the utility and value of scientific research in advancing understanding of-- (i) the health impacts of climate change; and (ii) strategies to prepare for and respond to the health impacts of climate change; (C) the identification of communities vulnerable to the health effects of climate change and the development of strategic response plans to be carried out by health professionals for those communities; (D) the improvement of health status and health equity through efforts to prepare for and respond to climate change; and (E) the inclusion of health policy in the development of climate change responses; (3) to encourage further research, interdisciplinary partnership, and collaboration among stakeholders in order to-- (A) understand and monitor the health impacts of climate change; and (B) improve public health knowledge and response strategies to climate change; (4) to enhance preparedness activities, and public health infrastructure, relating to climate change and health; (5) to encourage each and every American to learn about the impacts of climate change on health; and (6) to assist the efforts of developing nations to incorporate measures to prepare health systems to respond to the impacts of climate change. SEC. 3. RELATIONSHIP TO OTHER LAWS. Nothing in this Act in any manner limits the authority provided to or responsibility conferred on any Federal department or agency by any provision of any law (including regulations) or authorizes any violation of any provision of any law (including regulations), including any health, energy, environmental, transportation, or any other law or regulation. SEC. 4. NATIONAL STRATEGIC ACTION PLAN. (a) Requirement.-- (1) In general.--The Secretary of Health and Human Services, within 2 years after the date of the enactment of this Act, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change on public health in the United States and other nations, particularly developing nations. (2) Consultation.--In developing or making any revision to the national strategic action plan, the Secretary shall-- (A) consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Director of the National Institutes of Health, the Secretary of Energy, other appropriate Federal agencies, Indian tribes, State and local governments, public health organizations, scientists, and other interested stakeholders; and (B) provide opportunity for public input. (b) Contents.-- (1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall assist health professionals in preparing for and responding effectively and efficiently to the health effects of climate change through measures including-- (A) developing, improving, integrating, and maintaining domestic and international disease surveillance systems and monitoring capacity to respond to health-related effects of climate change, including on topics addressing-- (i) water, food, and vector borne infectious diseases and climate change; (ii) pulmonary effects, including responses to aeroallergens; (iii) cardiovascular effects, including impacts of temperature extremes; (iv) air pollution health effects, including heightened sensitivity to air pollution; (v) hazardous algal blooms; (vi) mental and behavioral health impacts of climate change; (vii) the health of refugees, displaced persons, and vulnerable communities; (viii) the implications for communities vulnerable to health effects of climate change, as well as strategies for responding to climate change within these communities; and (ix) local and community-based health interventions for climate-related health impacts; (B) creating tools for predicting and monitoring the public health effects of climate change on the international, national, regional, State, and local levels, and providing technical support to assist in their implementation; (C) developing public health communications strategies and interventions for extreme weather events and disaster response situations; (D) identifying and prioritizing communities and populations vulnerable to the health effects of climate change, and determining actions and communication strategies that should be taken to inform and protect these communities and populations from the health effects of climate change; (E) developing health communication, public education, and outreach programs aimed at public health and health care professionals, as well as the general public, to promote preparedness and response strategies relating to climate change and public health, including the identification of greenhouse gas reduction behaviors that are health-promoting; and (F) developing academic and regional centers of excellence devoted to-- (i) researching relationships between climate change and health; (ii) expanding and training the public health workforce to strengthen the capacity of such workforce to respond to and prepare for the health effects of climate change; (iii) creating and supporting academic fellowships focusing on the health effects of climate change; and (iv) training senior health ministry officials from developing nations to strengthen the capacity of such nations to-- (I) prepare for and respond to the health effects of climate change; and (II) build an international network of public health professionals with the necessary climate change knowledge base; (G) using techniques, including health impact assessments, to assess various climate change public health preparedness and response strategies on international, national, State, regional, tribal, and local levels, and make recommendations as to those strategies that best protect the public health; (H)(i) assisting in the development, implementation, and support of State, regional, tribal, and local preparedness, communication, and response plans (including with respect to the health departments of such entities) to anticipate and reduce the health threats of climate change; and (ii) acting through the Director of the Centers for Disease Control and Prevention or an appropriate Federal agency, pursuing collaborative efforts to develop, integrate, and implement such plans; (I) acting through the Director of the Centers for Disease Control and Prevention or an appropriate Federal agency, creating a program to advance research as it relates to the effects of climate change on public health across Federal agencies, including research to-- (i) identify and assess climate change health effects preparedness and response strategies; (ii) prioritize critical public health infrastructure projects related to potential climate change impacts that affect public health; and (iii) coordinate preparedness for climate change health impacts, including the development of modeling and forecasting tools; (J) providing technical assistance for the development, implementation, and support of preparedness and response plans to anticipate and reduce the health threats of climate change in developing nations; and (K) carrying out other activities determined appropriate by the Secretary to plan for and respond to the impacts of climate change on public health. (c) Revision.--The Secretary shall revise the national strategic action plan not later than July 1, 2016, and every 4 years thereafter, to reflect new information collected pursuant to implementation of the national strategic action plan and otherwise, including information on-- (1) the status of critical environmental health parameters and related human health impacts; (2) the impacts of climate change on public health; and (3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health. (d) Implementation.-- (1) Implementation through hhs.--The Secretary shall exercise the Secretary's authority under this Act and other Federal statutes to achieve the goals and measures of the national strategic action plan. (2) Other public health programs and initiatives.--The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by statutes other than this Act, subject to the requirements of such statutes, in a manner designed to achieve the goals of the national strategic action plan. (3) CDC.--In furtherance of the national strategic action plan, the Director of the Centers for Disease Control and Prevention shall-- (A) conduct scientific research to assist health professionals in preparing for and responding to the impacts of climate change on public health; and (B) provide funding for-- (i) research on the health effects of climate change; and (ii) preparedness planning on the international, national, State, regional, and local levels to respond to or reduce the burden of health effects of climate change; and (C) carry out other activities determined appropriate by the Director to prepare for and respond to the impacts of climate change on public health. SEC. 5. ADVISORY BOARD. (a) Establishment.--The Secretary shall establish a permanent science advisory board comprised of not less than 10 and not more than 20 members. (b) Appointment of Members.--The Secretary shall appoint the members of the science advisory board from among individuals who-- (1) are recommended by the President of the National Academy of Sciences; and (2) have expertise in public health and human services, climate change, and other relevant disciplines. (c) Functions.--The science advisory board shall-- (1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health, populations and regions particularly vulnerable to the effects of climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; and (2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan. SEC. 6. REPORTS. (a) Needs Assessment.-- (1) In general.--The Secretary shall seek to enter into, by not later than 6 months after the date of the enactment of this Act, an agreement with the National Research Council and the Institute of Medicine to complete a report that-- (A) assesses the needs for health professionals to prepare for and respond to climate change impacts on public health; and (B) recommends programs to meet those needs. (2) Submission.--The agreement under paragraph (1) shall require the completed report to be submitted to the Congress and the Secretary and made publicly available not later than 1 year after the date of the agreement. (b) Climate Change Health Protection and Promotion Reports.-- (1) In general.--The Secretary shall offer to enter into, not later than 6 months after the submission of the report under subsection (a)(2), an agreement with the National Research Council and the Institute of Medicine, under which the National Research Council and the Institute of Medicine will prepare periodic reports to aid health professionals in preparing for and responding to the adverse health effects of climate change that-- (A) review scientific developments on health impacts of climate change; and (B) recommend changes to the national strategic action plan. (2) Submission.--The agreement under paragraph (1) shall require a report to be submitted to the Congress and the Secretary and made publicly available not later than July 1, 2015, and every 4 years thereafter. SEC. 7. DEFINITIONS. In this Act: (1) Health impact assessment.--The term ``health impact assessment'' means a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population. (2) National strategic action plan.--The term ``national strategic action plan'' means the plan issued and revised under section 4. (3) Secretary.--Unless otherwise specified, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Appropriations to HHS.--All funds appropriated to carry out this Act shall be appropriated to the Secretary. (c) Distribution of Funds by HHS.--In carrying out this Act, the Secretary may make funds appropriated pursuant to this section available to-- (1) other departments, agencies, and offices of the Federal Government; (2) foreign, State, tribal, and local governments; and (3) such other entities as the Secretary determines appropriate. (d) Supplement, Not Replace.--It is the intent of the Congress that funds appropriated to carry out this Act should be used to supplement, and not replace, existing sources of funding for public health.

Climate Change Health Protection and Promotion Act - Expresses the sense of Congress with respect to the impacts of climate change on health systems. Directs the Secretary of Health and Human Services (HHS) to: (1) publish a national strategic action plan to assist health professionals to prepare for and respond to the impacts of climate change on public health in the United States and other nations, particularly developing nations; (2) revise such plan periodically to reflect new information on the impacts of climate change on public health; (3) establish a permanent science advisory board to provide advice and recommendations on the domestic and international impacts of climate change on public health; and (4) contract with the National Research Council and the Institute of Medicine to prepare a report that assesses the needs for health professionals to prepare for and respond to climate change impacts on public health.

To direct the Secretary of Health and Human Services to develop a national strategic action plan to assist health professionals in preparing for and responding to the public health effects of climate change, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Accuracy in Campus Crime Reporting Act of 1997''. (b) References.--Except as otherwise provided therein, whenever in this Act an amendment or repeal is expressed in terms of a section or other provision, such amendment or repeal shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. DISCLOSURE OF CRIMES REPORTED AND DAILY CRIME LOG. (a) Annual Statistics.--Section 485(f)(1)(F) (20 U.S.C. 1092(f)(1)(F)) is amended-- (1) by striking ``campus security authorities or local police agencies'' and inserting ``campus security or law enforcement; other campus officials (including administrators, deans, disciplinary officers, athletic department officials, housing officials, and counselors) to whom crimes are reported; or local law enforcement''; (2) by striking clauses (i) through (vi) and inserting the following: ``(i) homicide, including-- ``(I) murder or nonnegligent manslaughter; or ``(II) negligent manslaughter; ``(ii) sex offenses, forcible or nonforcible; ``(iii) robbery; ``(iv) aggravated assault; ``(v) burglary; ``(vi) larceny; ``(vii) motor vehicle theft; ``(viii) arson; ``(ix) simple assault; and ``(x) vandalism.''. (b) Annual Statistics.--Section 485(f)(1)(H) (20 U.S.C. 1092(f)(1)(H)) is amended by striking ``arrests for'' and inserting ``incidents of''. (c) Annual Submission.--Paragraph (4) of section 485(f) (20 U.S.C. 1092(f)(4)) is amended to read as follows: ``(4)(A) Each institution participating in any program under this title shall annually submit to the Secretary a copy of the statistics required to be made available pursuant to paragraphs (1)(F) and (1)(H). ``(B) The Secretary shall collect such statistics and report each set in its entirety, with each institution and campus clearly identified, to the Committee on Education and the Workforce of the House of Representatives, the Committee on Labor and Human Resources of the Senate, each participating institution, and the public via printed and electronic means as the Secretary shall determine. This report shall be issued on or before February 1 of each year.''. (d) Compilation Method.--Paragraph (6) of section 485(f) (20 U.S.C. 1092(f)(6)) is amended to read as follows: ``(6)(A) The statistics described in paragraphs (1)(F) and (1)(H) shall be compiled in accordance with the standards and definitions used in the uniform crime reporting system of the Department of Justice, Federal Bureau of Investigation, and the modifications in such standards and definitions as implemented pursuant to the Hate Crime Statistics Act (28 U.S.C. 534, note). ``(B) The accuracy of the statistics described in paragraphs (1)(F) and (1)(H) shall be certified by each official charged with compiling statistics for inclusion.''. (e) Crime Logs.--Section 485(f) is further amended-- (1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4)(A) Each institution participating in any program under this title which maintains either a police or security department of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording in chronological order all crimes reported to such police or security department, including-- ``(i) the nature, date, time, and general location of each crime; ``(ii) the disposition of the complaint, if known; ``(iii) if citations have been issued or charges made, the names and addresses of all persons cited or charged, and the charges against them; and ``(iv) if an arrest has been made, the names and addresses of all persons arrested and the charges against such persons arrested. ``(B) Unless otherwise required by law, each institution may, but is not required to, identify in its log the alleged victim or victims, witnesses, or suspects who have not been arrested or cited, relating to any investigation of a crime. ``(C)(i) All entries which are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection within 24 hours of the initial report being made to the department, a campus security authority, or other campus official. ``(ii) Where there is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until that damage is no longer likely to occur from the release of such information. Under no circumstances, however, shall this exception permit the nonreporting of the nature, date, time, and general location of a reported crime. ``(iii) All exceptions to the reporting provisions of this paragraph are to be construed as narrowly as possible. Only that information which is protected from release by law shall remain confidential. All other information relating to each report shall be public. ``(D) Reports may be disseminated by electronic media, including computer networks, where it is reasonably assured the information will reach most of the campus population in a timely fashion.''. (f) Victims' Rights.--Paragraph (8) of section 485(f) (as redesignated by subsection (e) of this section) is amended by striking subparagraph (C). (g) Disciplinary Proceedings.--Section 485(f) is further amended by adding at the end the following new paragraph: ``(9)(A) Each institution of higher education participating in any program under this title shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-- ``(i) such institution's on-campus disciplinary practices in cases of alleged infractions of the institution's code of conduct, or other policies, resulting from an act or series of acts that would constitute a crime or crimes within the meaning of local, State, or Federal law, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction; and ``(ii) the procedures followed once a crime has occurred. ``(B) The policy described in subparagraph (A) shall include a clear statement that-- ``(i) all students reporting an offense shall be informed of their options to notify proper law enforcement, including on-campus and local police; ``(ii) the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding; ``(iii) both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging criminal misconduct; ``(iv) any campus disciplinary proceeding brought alleging criminal misconduct shall be open; and ``(v) all records of any such campus disciplinary proceeding brought alleging criminal misconduct shall be open to public inspection during the regular business hours of the custodian of such records, except for previously created education records not related to criminal allegations which are used during the course of the proceeding.''. (h) Effective Date.--The amendments made by this section shall take effect on January 1, 1998. SEC. 3. EXEMPTION OF ALLEGATIONS OF CRIMINAL ACTIVITY FROM EDUCATION RECORDS DEFINITION. (a) Amendment.--Section 444(a)(4)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(4)(B)) is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (2) by inserting after clause (ii) the following new clause: ``(iii) records which are made or maintained by any officer, office, department, or individual employee of an educational agency or institution about-- ``(I) individuals accused of committing or participating in any criminal activity as defined in local, State, or Federal law alleged to have occurred while the individual was a student in attendance, including audit or noncredit, at an educational agency or institution, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction which are relative to the alleged misconduct; ``(II) the accused in subsequent internal disciplinary proceedings of any kind resulting from, or related to, the alleged activity, regardless of the terminology or nature of the institutional infraction or policy violation alleged; ``(III) the time, duration, attendance policy, and location or locations of any such disciplinary proceedings; ``(IV) the findings relative to the accused of any such disciplinary proceedings; ``(V) the current disposition or status of the case, the sanctions incurred (if any), and any subsequent findings or amendments to such sanctions; ``(VI) accusations of criminal misconduct and related sanctions from any previously attended educational agencies or institutions where such records were created on or after September 1, 1998, and which are maintained by the institution currently or most recently attended by the individual; and ``(VII) any criminal acts required to be reported under paragraph (1)(F), (1)(H), or (4) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)).''. (b) Effective Date.--The amendments made by this section shall take effect on September 1, 1998. SEC. 4. ENFORCEMENT. (a) Enforcement.--Section 485(f) (20 U.S.C. 1092(f)) (as amended by section 2) is further amended by adding at the end the following new paragraph: ``(10)(A) If any participating institution of higher education fails or refuses to comply with any provision of this subsection, the Secretary shall forthwith terminate all assistance to the institution under the applicable program affected, or issue such other orders as specified below as the Secretary may deem appropriate to achieve such compliance. ``(B) For each separate count of noncompliance found, the Secretary shall suspend not less than 1 percent of the financial assistance provided by the Department to such institution.''. (b) Retaliation.--Section 485(f) (as amended by subsection (a)) is further amended by adding at the end the following new paragraph: ``(11) No participating institution or other person shall intimidate, threaten, coerce, or otherwise discriminate against any individual for the purpose of interfering with the implementation of any provision of this subsection, or any rights or privileges accorded under this subsection, or because the individual has complained, testified, assisted, or otherwise participated in any aspect of an investigation, proceeding, or hearing.''. (c) Program Participation Agreement Requirements.--Section 487(a)(12) (20 U.S.C. 1094(a)(12)) is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(C) the policies and crime statistics disclosed under section 485(f) are comprehensive and accurate.''. (d) Effective Date.--The amendments made by this section shall take effect on September 1, 1998.

Accuracy in Campus Crime Reporting Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to revise campus security policy reporting and crime statistics disclosure requirements. Includes other campus officials (as well as campus security or law enforcement, or local law enforcement) among those officials that must report, for statistical disclosure purposes, if specified types of criminal offenses are reported to them. Specifies additions to the list of such offenses. Makes annual submission of campus crime statistics mandatory for all institutions participating in any student aid program under HEA title IV (participating institutions). (Currently such submissions are only required upon the request of the Secretary of Education). Directs the Secretary to report each set of such statistics, clearly identifying each institution and campus, not only to specified congressional committees but also to each participating institution and to the public via printed and electronic means. Requires each official charged with compiling such statistics to certify their accuracy. Repeals a disclaimer that nothing in certain provisions relating to institutional policy on prevention of sexual assaults and procedures after such an assault may be construed to confer a private right of action upon any person to enforce such provisions. Requires any participating institution which maintains a police or security department to keep a daily log of specified crime information open to public inspection. Requires any participating institution to develop and distribute a statement of its disciplinary practices and procedures with respect to crimes, including specified information and policies. Amends the General Education Provisions Act to exclude allegations of criminal activities from the education records subject to family access. Sets forth methods of enforcement of HEA campus security provisions. Directs the Secretary to terminate all assistance to an institution under an applicable program, or issue other specified orders the Secretary deems appropriate to achieve compliance, if any participating institution fails or refuses to comply with requirements for disclosure of campus security policy and campus crime statistics. Prohibits institutional retaliation against individuals for exercising rights or participating in proceedings under such campus security provisions. Requires, under student aid program agreements, that the campus security policies and crime statistics disclosed be comprehensive and accurate.

Accuracy in Campus Crime Reporting Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Aid Reporting Reform Act of 1993''. SEC. 2. ANNUAL FOREIGN ASSISTANCE JUSTIFICATION REPORT. (a) In General.--In conjunction with the submission of the annual requests for enactment of authorizations and appropriations for foreign assistance programs for each fiscal year, the President shall submit to the Congress a single report containing-- (1) an integrated justification for all foreign assistance programs proposed by the President for the coming fiscal year; and (2) an assessment of when the objectives of those programs will be achieved so that the assistance can be terminated. (b) Specific Information To Be Provided.--Each such report shall include the following: (1) Information regarding a foreign assistance program generally.--For each foreign assistance program taken as a whole-- (A) the total amount of assistance proposed to be provided under that program; (B) the justification for that amount; (C) the objectives that assistance under that program is intended to achieve; (D) an explanation of the relationship of assistance under that program to assistance under other foreign assistance programs; and (E) the President's estimation of the date by which the objectives of that program will be achieved and the program terminated. (2) Information regarding specific assistance recipients.-- For each country or organization which is a proposed recipient of assistance under any foreign assistance program-- (A) the amount of each type of assistance proposed; (B) the justification for providing each such type of assistance; (C) the objectives that each such type of assistance is intended to achieve; (D) an explanation of the relationship of each type of assistance proposed to other types of assistance proposed for that recipient; and (E) the President's estimation of the date by which the objectives of assistance for such recipient under each foreign assistance program will be achieved and assistance under that program to that recipient terminated. The information required by subparagraphs (A) through (E) shall be provided on a recipient-by-recipient basis. (3) Information regarding centrally-funded programs.--For each centrally-funded program under a foreign assistance program-- (A) the amount proposed for such program; (B) the justification for such program; (C) the objectives each such program is intended to achieve; (D) an explanation of the relationship of such program to other types of assistance proposed under that foreign assistance program and under other foreign assistance programs; and (E) the President's estimation of the date by which the objectives of such program will be achieved and such program terminated. SEC. 3. REQUIREMENT FOR CONGRESSIONAL EXPLANATION OF PROPOSED CHANGES TO THE PRESIDENT'S FOREIGN ASSISTANCE BUDGET. Any committee of the Congress reporting legislation authorizing the enactment of new budget authority for, or providing new budget authority for, foreign assistance programs shall include in the report accompanying that legislation an explanation for any change proposed by that committee-- (1) in the total amount of new budget authority authorized or provided (as the case may be) for any foreign assistance program as compared to the amount proposed by the President; or (2) in the amount of assistance for any specific recipient of assistance, or for any centrally-funded program, under any foreign assistance program as compared to the amount proposed by the President. SEC. 4. DEFINITION OF FOREIGN ASSISTANCE PROGRAMS. As used in this Act, the term ``foreign assistance program'' includes-- (1) any program of assistance authorized by the Foreign Assistance Act of 1961 (such as the development assistance program, the economic support fund program, and the international military education and training program) or authorized by the African Development Foundation Act, section 401 of the Foreign Assistance Act of 1969 (relating to the Inter-American Development Foundation), or any other foreign assistance legislation; (2) any program of grant, credit, or guaranty assistance under the Arms Export Control Act; (3) assistance under the Migration and Refugee Assistance Act of 1962; (4) assistance under any title of the Agricultural Trade Development and Assistance Act of 1954; (5) contributions to the International Monetary Fund; (6) contributions to the International Bank for Reconstruction and Development, the International Development Association, or any other institution within the World Bank group; and (7) contributions to any regional multilateral development bank.

Foreign Aid Reporting Reform Act of 1993 - Directs the President, in conjunction with the submission of annual requests for enactment of authorizations and appropriations for foreign assistance programs, to submit to the Congress a single report containing: (1) an integrated justification for all foreign assistance programs proposed for the coming fiscal year; and (2) an assessment of when the objectives of those programs will be achieved so that the assistance can be terminated. Directs congressional committees reporting legislation authorizing the enactment of or providing new budget authority for foreign assistance programs to include in reports accompanying such legislation an explanation for any change proposed in: (1) the total amount of new budget authority authorized or provided for any program as compared to the amount proposed by the President; or (2) the amount of assistance for any specific recipient or for any centrally-funded program as compared to the amount proposed by the President.

Foreign Aid Reporting Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Subcontracting Transparency Act of 2015''. SEC. 2. TRANSPARENCY IN SUBCONTRACTING GOALS. Section 8(d)(9) of the Small Business Act (15 U.S.C. 637(d)(9)) is amended-- (1) by striking ``(9) The failure'' and inserting the following: ``(9) Material breach.--The failure''; (2) in subparagraph (A), by striking ``subsection, or'' and inserting ``subsection,''; (3) in subparagraph (B), by striking ``subcontract,'' and inserting ``subcontract, or''; and (4) by moving subparagraphs (A) and (B) 2 ems to the right; and (45) by inserting after subparagraph (B) the following: ``(C) assurances provided under paragraph (6)(E),''. SEC. 3. AUTHORITY OF THE ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION. Section 8(d)(11) of the Small Business Act (15 U.S.C. 637(d)(11)) is amended-- (1) by striking ``(11) In the case of'' and inserting the following: ``(11) Authority of administration.--In the case of''; and (2) in subparagraph (B), by striking ``, which shall be advisory in nature,''.; and (3) by moving subparagraphs (A), (B), and (C) 2 ems to the right. SEC. 4. IMPROVING SUBCONTRACTING PLANS. Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following: ``(17) Review and acceptance of subcontracting plans.-- ``(A) Definition.--In this paragraph, the term `covered small business concerns' means-- ``(i) small business concerns; ``(ii) qualified HUBZone small business concerns; ``(iii) small business concerns owned and controlled by veterans; ``(iv) small business concerns owned and controlled by service-disabled veterans; ``(v) small business concerns owned and controlled by socially and economically disadvantaged individuals, as defined in paragraph (3)(C); and ``(vi) small business concerns owned and controlled by women. ``(B) Delayed acceptance of plan.--Except as provided in subparagraph (E), if a procurement center representative or commercial market representative determines that a subcontracting plan required under paragraph (4) or (5) fails to provide the maximum practicable opportunity for covered small business concerns to participate in the performance of the contract to which the plan applies, the representative may delay acceptance of the plan in accordance with subparagraph (C). ``(C) Process for delayed acceptance.-- ``(i) In general.--Except as provided in clause (ii), a procurement center representative or commercial market representative who makes a determination under subparagraph (B) with respect to a subcontracting plan may delay acceptance of the plan for a 30-day period by providing written notice of the determination to head of the procuring activity of the contracting agency that includes recommendations for altering the plan to provide the maximum practicable opportunity described in that subparagraph. ``(ii) Exception.--In the case of the Department of Defense-- ``(I) a procurement center representative or commercial market representative who makes a determination under subparagraph (B) with respect to a subcontracting plan may delay acceptance of the plan for a 15-day period by providing written notice of the determination to appropriate personnel of the Department of Defense that includes recommendations for altering the plan to provide the maximum practicable opportunity described in that subparagraph; and ``(II) the authority of a procurement center representative or commercial market representative to delay acceptance of a subcontracting plan as provided in subparagraph (B) does not include the authority to delay the award or performance of the contract concerned. ``(D) Disagreements.--If a procurement center representative or commercial market representative delays the acceptance of a subcontracting plan under subparagraph (C) and does not reach agreement with the head of the procuring activity of the contracting agency to alter the plan to provide the maximum practicable opportunity described in subparagraph (B) not later than 30 days after the date on which written notice was provided, the disagreement shall be submitted to the head of the contracting agency by the Administrator for a final determination. ``(E) Exception.--A procurement center representative or commercial market representative may not delay the acceptance of a subcontracting plan if the head of the contracting agency certifies that the need of the agency for the supplies or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to accept the subcontracting plan.''. SEC. 5. GOOD FAITH COMPLIANCE. Not later than 270 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue regulations providing examples of activities that would be considered a failure to make a good faith effort to comply with the requirements imposed on an entity, other than a small business concern, (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), that is awarded a prime contract containing the clauses required under paragraphs paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)).

Small Business Subcontracting Transparency Act of 2015 (Sec. 2) This bill amends the Small Business Act to revise requirements with respect to the Small Business Administration (SBA) review and acceptance of subcontracting plans. If a contractor or subcontractor fails to comply in good faith with assurances for the submission of periodic reports and cooperate in any studies or surveys required by the federal agency or the SBA to determine the extent of compliance with the contracting plan, such failure shall be a material breach of the contract or subcontract and may be considered in any past performance evaluation of the contractor. (Sec. 3) The bill eliminates the limitation that SBA findings submitted to an appropriate federal agency after review of solicitations for procurement contracts be "advisory in nature." (Sec. 4) A federal agency's procurement center representative (PCR) or commercial market representative (CMR) may delay acceptance of a subcontracting plan for 30 days if the PCR or CMR determines that it fails to provide the maximum practicable opportunity for certain covered small businesses to participate in the performance of the applicable contract. The written notice of such determination to the contracting agency's head of the procuring activity must include recommendations for altering the plan to provide the maximum practicable opportunity. In the case of a Department of Defense PCR or CMR, the acceptance may be delayed for only 15 days. This delayed acceptance authority, however, does not include delay of the award or performance of the contract. A PCR or CMR may not delay acceptance of a subcontracting plan if the head of the contracting agency certifies that the agency's need for the supplies or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to accept the subcontracting plan. (Sec. 5) The SBA shall issue regulations providing examples of activities that would be considered a failure to make a good faith effort to comply with the requirements imposed on any entity (other than a small business) awarded a prime contract exceeding a certain amount that contains certain required SBA clauses regarding subcontracting plans.

Small Business Subcontracting Transparency Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Treatment Improvement Act of 1997''. SEC. 2. MEDICAID COVERAGE OF HIV-INFECTION-RELATED DRUG TREATMENT FOR CERTAIN INDIVIDUALS. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(10)-- (A) by striking ``and'' at the end of subparagraph (E); (B) by adding ``and'' at the end of subparagraph (F); and (C) by inserting after subparagraph (F) the following new subparagraph: ``(G) for making medical assistance available for HIV-infection-related drug treatment (as defined in subsection (aa)(2)) for certain HIV-infected individuals (as defined in subsection (aa)(1));''; and (2) by adding at the end the following new subsection: ``(aa)(1) HIV-infected individuals described in this paragraph are individuals not described in subsection (a)(10)(A)(i)-- ``(A) who have HIV infection; ``(B) whose income (as determined under the State plan under this title with respect to disabled individuals) does not exceed the maximum amount of income a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan; and ``(C) whose resources (as determined under the State plan under this title with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan. ``(2) For purposes of subsection (a)(10), subject to paragraph (3), the term `HIV-infection-related drug treatment' means each of the following services to monitor and treat HIV infection through drug treatment: ``(A) Prescribed drugs. ``(B) Physicians' services and services described in section 1905(a)(2). ``(C) Diagnostic tests described in paragraphs (3) and (13) of section 1905(a). ``(D) Services, such as substance abuse and mental health treatment and medical case management services, to the extent required in order to assure compliance with a regimen of drug treatment. ``(3) HIV-infection-related drug treatment under a State plan shall be such services described in paragraph (2) as meet the needs of HIV- infected individuals, based on the most current national guidelines that are recognized by the Secretary and that relate to the treatment of HIV infection through drug treatment and without regard to any prescription drug formulary that would otherwise be applied under the State plan.''. (b) Conforming Amendments.-- (1) Section 1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is further amended, in the matter following subparagraph (G), as inserted by subsection (a)(1)-- (A) by striking ``and'' before ``(XIII)'', and (B) by inserting before the semicolon at the end the following: ``and (XIV) the medical assistance made available to an individual described in subparagraph (G) who is eligible for medical assistance only because of such subparagraph shall be limited to medical assistance for HIV-infection-related drug treatment (as defined in subsection (aa)(2))''. (2) Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in the matter before paragraph (1)-- (A) by striking ``or'' at the end of clause (x), (B) by adding ``or'' at the end of clause (xi), and (C) by inserting after clause (xii) the following new clause: ``(xii) individuals described in section 1902(aa)(1);''. (c) Effective Date.--(1) Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall apply to calendar quarters beginning on or after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by subsections (a) and (b), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 3. PUBLIC HEALTH SERVICE ACT; MODIFICATIONS TO PROGRAM OF TREATMENTS FOR HIV DISEASE. (a) Requirements Regarding Types of Treatments.--Section 2616(c)) of the Public Health Service Act (42 U.S.C. 300ff-26(c)) is amended-- (1) in the matter preceding paragraph (1), by striking ``the State shall--'' and inserting ``the State--''; (2) by redesignating paragraphs (3) through (5) as paragraphs (5) through (7); (3) by striking paragraphs (1) and (2); and (4) by inserting before paragraph (5) (as redesignated by paragraph (2)) the following paragraphs: ``(1) shall determine, in accordance with guidelines issued by the Secretary, which treatments and which laboratory services are to be included in the program under subsection (a); ``(2) shall provide for the medical administration of such drugs in accordance with guidelines issued by the Secretary for treatments described in subsection (a) (or in accordance with guidelines recognized by the Secretary as appropriate guidelines for such treatment); ``(3) shall not for purposes of this section adopt any policy medically inconsistent with the guidelines of the Secretary that are referred to in paragraphs (1) and (2); ``(4) shall provide assistance for the purchase of treatments and laboratory services included in the program, and the provision of such ancillary devices as are essential to administer the treatments;''. (b) Non-Federal Contributions as Condition for Receipt of Certain Amounts.--Section 2618(b)(2)(H) of the Public Health Service Act (42 U.S.C. 300ff-28(b)(2)(H)) is amended to read as follows: ``(H) Appropriations for treatment drug program.-- ``(i) With respect to the fiscal year involved, if under section 2677 an appropriations Act provides an amount exclusively for carrying out section 2616, the portion of such amount allocated to a State shall, subject to clause (ii), be the product of-- ``(I) 100 percent of such amount; and ``(II) the percentage constituted by the ratio of the State distribution factor for the State (as determined under subparagraph (B)) to the sum of the State distribution factors for all States. ``(ii)(I) In the case of a State for which the allocation determined under clause (i) for the fiscal year involved exceeds $1,000,000, the State may not receive the allocation unless the State agrees that, with respect to the costs to be incurred by the State in carrying out section 2616, the State will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the allocation). ``(II) Non-Federal contributions required in clause (i) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions.''. (c) Technical and Conforming Amendments.--Section 2616 of the Public Health Service Act (42 U.S.C. 300ff-26) is amended-- (1) in subsection (a)-- (A) by striking ``to provide'' and all that follows through ``prevent'' and inserting ``to provide treatments for HIV disease and for the prevention of''; and (B) by inserting before the period ``, and to provide related laboratory services''; and (2) in subsection (c)-- (A) in each of paragraphs (5) through (7) (as redesignated by subsection (a)(2) of this section), by inserting ``shall'' after the paragraph designation; and (B) in paragraph (7) (as so redesignated), by striking ``progress'' and all that follows through ``subsection (a)'' and inserting ``progress made in making treatments described in subsection (a)''. SEC. 4. PUBLIC HEALTH SERVICE ACT; MINIMUM GRANT UNDER CARE GRANT PROGRAM REGARDING HIV DISEASE. Section 2618(b)(1)(A) of the Public Health Service Act (42 U.S.C. 300ff-28(b)(1)(A)) is amended to read as follows: ``(A) each of the several States and the District of Columbia for a fiscal year shall be the greater of-- ``(i) $250,000; or ``(ii) an amount determined under paragraph (2); and''.

HIV Treatment Improvement Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to require State Medicaid plans to make medical assistance available for HIV-infection-related drug treatment for certain HIV-infected individuals. Amends the Public Health Service Act to modify the program for treatments for HIV disease, including providing for the inclusion of laboratory services in such program. Requires, as a condition for receiving Federal treatment drug program funding, that States allocated more than $1 million in HIV-related care grants for a fiscal year provide non-Federal contributions toward at least 20 percent of the costs the State will incur in carrying out such program. Revises the formula for determining the minimum grant allotment under such program to eliminate the distinction between States with less than 90 living acquired immune deficiency syndrome (AIDS) cases and States with more than that number.

HIV Treatment Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patriotic Employers of Guard and Reservists Act of 2004''. SEC. 2. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT AND READY RESERVE- NATIONAL GUARD REPLACEMENT EMPLOYEE CREDIT. (a) Ready Reserve-National Guard Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45G. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, the Ready Reserve- National Guard employee credit determined under this section for any taxable year with respect to each Ready Reserve-National Guard employee of an employer is an amount equal to 50 percent of the lesser of-- ``(1) the actual compensation amount with respect to such employee for such taxable year, or ``(2) $30,000. ``(b) Definition of Actual Compensation Amount.--For purposes of this section, the term `actual compensation amount' means the amount of compensation paid or incurred by an employer with respect to a Ready Reserve-National Guard employee on any day when the employee was absent from employment for the purpose of performing qualified active duty. ``(c) Limitations.--No credit shall be allowed with respect to any day that a Ready Reserve-National Guard employee who performs qualified active duty was not scheduled to work (for reason other than to participate in qualified active duty). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified active duty.--The term `qualified active duty' means-- ``(A) active duty, other than the training duty specified in section 10147 of title 10, United States Code (relating to training requirements for the Ready Reserve), or section 502(a) of title 32, United States Code (relating to required drills and field exercises for the National Guard), in connection with which an employee is entitled to reemployment rights and other benefits or to a leave of absence from employment under chapter 43 of title 38, United States Code, and ``(B) hospitalization incident to such duty. ``(2) Compensation.--The term `compensation' means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1). ``(3) Ready reserve-national guard employee.--The term `Ready Reserve-National Guard employee' means an employee who is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as described in sections 10142 and 10101 of title 10, United States Code. ``(4) Certain rules to apply.--Rules similar to the rules of section 52 shall apply. ``(e) Portion of Credit Refundable.-- ``(1) In general.--In the case of an employer of a qualified first responder, the aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 38(c), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 38(c) for any taxable year were increased by the amount of employer payroll taxes imposed on the taxpayer during the calendar year in which the taxable year begins. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of the credit otherwise allowable under subsection (a) without regard to section 38(c). ``(2) Employer payroll taxes.--For purposes of this subsection-- ``(A) In general.--The term `employer payroll taxes' means the taxes imposed by-- ``(i) section 3111(b), and ``(ii) sections 3211(a) and 3221(a) (determined at a rate equal to the rate under section 3111(b)). ``(B) Special rule.--A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of subparagraph (A). ``(3) Qualified first responder.--For purposes of this subsection, the term `qualified first responder' means any person who is-- ``(A) employed as a law enforcement official, a firefighter, or a paramedic, and ``(B) a Ready Reserve-National Guard employee.''. (2) Credit to be part of general business credit.-- Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the Ready Reserve-National Guard employee credit determined under section 45G(a).''. (3) Denial of double benefit.--Section 280C(a) of such Code (relating to rule for employment credits) is amended by inserting ``45G(a),'' after ``45A(a),''. (4) Conforming amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45F the following: ``Sec. 45G. Ready Reserve-National Guard employee credit.''. (5) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after September 30, 2004, in taxable years ending after such date. (b) Ready Reserve-National Guard Replacement Employee Credit.-- (1) In general.--Subpart B of part IV of subchapter A of chapter 1 of such Code (relating to foreign tax credit, etc.) is amended by adding after section 30A the following new section: ``SEC. 30B. READY RESERVE-NATIONAL GUARD REPLACEMENT EMPLOYEE CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the sum of the employment credits for each qualified replacement employee under this section. ``(2) Employment credit.--The employment credit with respect to a qualified replacement employee of the taxpayer for any taxable year is equal to 50 percent of the lesser of-- ``(A) the individual's qualified compensation attributable to service rendered as a qualified replacement employee, or ``(B) $12,000. ``(b) Qualified Compensation.--The term `qualified compensation' means-- ``(1) compensation which is normally contingent on the qualified replacement employee's presence for work and which is deductible from the taxpayer's gross income under section 162(a)(1), ``(2) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and ``(3) group health plan costs (if any) with respect to the qualified replacement employee. ``(c) Qualified Replacement Employee.--For purposes of this section-- ``(1) In general.--The term `qualified replacement employee' means an individual who is hired to replace a Ready Reserve-National Guard employee or a Ready Reserve-National Guard self-employed taxpayer, but only with respect to the period during which such Ready Reserve-National Guard employee or Ready Reserve-National Guard self-employed taxpayer participates in qualified active duty, including time spent in travel status. ``(2) Ready reserve-national guard employee.--The term `Ready Reserve-National Guard employee' has the meaning given such term by section 45G(d)(3). ``(3) Ready reserve-national guard self-employed taxpayer.--The term `Ready Reserve- National Guard self- employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402(a)) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as described in section 10142 and 10101 of title 10, United States Code. ``(d) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(e) Limitations.-- ``(1) Application with other credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(B) the tentative minimum tax for the taxable year. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the 2 succeeding taxable years. ``(f) General Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means a small business employer or a Ready Reserve-National Guard self-employed taxpayer. ``(2) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(3) Qualified active duty.--The term `qualified active duty' has the meaning given such term by section 45G(d)(1). ``(4) Special rules for certain manufacturers.-- ``(A) In general.--In the case of any qualified manufacturer-- ``(i) subsection (a)(2)(B) shall be applied by substituting `$20,000' for `$12,000', and ``(ii) paragraph (2)(A) of this subsection shall be applied by substituting `100' for `50'. ``(B) Qualified manufacturer.--For purposes of this paragraph, the term `qualified manufacturer' means any person if-- ``(i) the primary business of such person is classified in sector 31, 32, or 33 of the North American Industrial Classification System, and ``(ii) all of such person's facilities which are used for production in such business are located in the United States. ``(5) Carryback and carryforward allowed.-- ``(A) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (e)(1) for such taxable year (in this paragraph referred to as the `unused credit year'), such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following the unused credit year. ``(B) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under subparagraph (A). ``(6) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.''. (2) No deduction for compensation taken into account for credit.--Section 280C(a) of such Code (relating to rule for employment credits) is amended-- (A) by inserting ``or compensation'' after ``salaries'', and (B) by inserting ``30B,'' before ``45A(a),''. (3) Conforming amendment.--Section 55(c)(2) of such Code is amended by inserting ``30B(e)(1),'' after ``30(b)(3),''. (4) Clerical amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding after the item relating to section 30A the following new item: ``Sec. 30B. Ready Reserve-National Guard replacement employee credit.''. (5) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after September 30, 2004, in taxable years ending after such date.

Patriotic Employers of Guard and Reservists Act of 2004 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the lesser of: (1) actual compensation paid to each Ready Reserve-National Guard employee while on active duty; or (2) $30,000. Allows employers a refundable credit against payroll taxes for wages paid to employees who are first responders (i.e., law enforcement officials, firefighters, paramedics, and Ready Reserve-National Guard employees). Allows employers a tax credit for 50 percent of the lesser of: (1) the wages paid to each employee hired to replace a Ready Reserve-National Guard employee or self-employed Reservist while on active duty; or (2) $12,000. Increases the amount of the credit for certain U.S. manufacturers. Disqualifies an employer for the tax credit if the employer has failed to comply with employment or reemployment rights of military personnel.

To amend the Internal Revenue Code of 1986 to provide to employers a tax credit for compensation paid during the period employees are performing service as members of the Ready Reserve or the National Guard.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Gas Price Relief Through Public Transportation Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2008, during a year of record-high gas prices, people in the United States took more than 10,500,000,000 trips using public transportation, the highest level in 50 years. (2) Public transportation use in the United States is up 31 percent since 1995, a figure that is more than double the growth rate of the Nation's population and is substantially greater than the growth rate for vehicle miles traveled on the Nation's highways for that same period. (3) High gas prices in 2011 are expected to drive the demand for transit services even higher, with some estimates showing that $5-per-gallon gas could result in a nearly 15 percent jump in transit ridership. (4) Based on the price of gas in March 2011, riding public transportation saves households an average of $825 per month, or nearly $10,000 per year. (5) Despite increasing demand for transit services, widespread cuts in State and local funding have caused 59 percent of public transit systems in the United States to raise fares or cut service since January 2009. (6) Although under existing laws Federal employees in the National Capital Region receive transit benefits, transit benefits should be available to all Federal employees in the United States so that the Federal Government sets a leading example of greater public transportation use. (7) Public transportation stakeholders should engage and involve local communities in the education and promotion of the importance of utilizing public transportation. (8) Increasing public transportation use is a national priority. SEC. 3. GRANTS TO IMPROVE PUBLIC TRANSPORTATION SERVICES. (a) Authorizations of Appropriations.-- (1) Urbanized area formula grants.--In addition to amounts allocated under section 5338(b)(2)(B) of title 49, United States Code, to carry out section 5307 of such title, there is authorized to be appropriated $750,000,000 for each of fiscal years 2011 and 2012 to carry out such section. Such funds shall be apportioned not later than 7 days after the date on which the funds are appropriated, in accordance with section 5336 (other than subsections (i)(1) and (j)) of such section but may not be combined or commingled with any other funds apportioned under such section 5336. (2) Formula grants for other than urbanized areas.--In addition to amounts allocated under section 5338(b)(2)(G) of title 49, United States Code, to carry out section 5311 of such title, there is authorized to be appropriated $100,000,000 for each of fiscal years 2011 and 2012 to carry out such section 5311. Such funds shall be apportioned not later than 7 days after the date on which the funds are appropriated, in accordance with such section 5311 but may not be combined or commingled with any other funds apportioned under such section 5311. (b) Use of Funds.--Notwithstanding sections 5307 and 5311 of title 49, United States Code, the Secretary of Transportation may make grants under such sections from amounts appropriated under subsection (a) only for one or more of the following: (1) If the recipient of the grant is reducing, or certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will reduce one or more fares the recipient charges for public transportation, or in the case of subsection (f) of such section 5311, intercity bus service, those operating costs of equipment and facilities being used to provide the public transportation, or in the case of subsection (f) of such section 5311, intercity bus service, that the recipient is no longer able to pay from the revenues derived from such fare or fares as a result of such reduction. (2) To avoid increases in fares for public transportation, or in the case of subsection (f) of such section 5311, intercity bus service, or decreases in current public transportation service, or in the case of subsection (f) of such section 5311, intercity bus service, that would otherwise result from an increase in costs to the public transportation or intercity bus agency for transportation-related fuel or meeting additional transportation-related equipment or facility maintenance needs, if the recipient of the grant certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will not increase the fares that the recipient charges for public transportation, or in the case of subsection (f) of such section 5311, intercity bus service, or, will not decrease the public transportation service, or in the case of subsection (f) of such section 5311, intercity bus service, that the recipient provides. (3) If the recipient of the grant is expanding, or certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will expand public transportation service, or in the case of subsection (f) of such section 5311, intercity bus service, those operating and capital costs of equipment and facilities being used to provide the public transportation service, or in the case of subsection (f) of such section 5311, intercity bus service, that the recipient incurs as a result of the expansion of such service. (4) If the recipient of the grant is acquiring, or certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will acquire, clean fuel or alternative fuel vehicle-related equipment or facilities for the purpose of improving fuel efficiency, the costs of acquiring the equipment or facilities. (5) If the recipient of the grant is establishing or expanding, or certifies to the Secretary within the time the Secretary prescribes that, during the term of the grant, the recipient will establish or expand commuter matching services to provide commuters with information and assistance about alternatives to single occupancy vehicle use, those administrative costs in establishing or expanding such services. (c) Federal Share.--Notwithstanding any other provision of law, the Federal share of the costs for which a grant is made under this section shall be 100 percent. (d) Period of Availability.--Funds appropriated under this section shall remain available for a period of 2 fiscal years. SEC. 4. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT COMPLIANCE. Notwithstanding section 5323(i)(1) of title 49, United States Code, a grant for a project to be assisted under chapter 53 of such title during fiscal years 2011 and 2012 that involves acquiring clean fuel or alternative fuel vehicle-related equipment or facilities for the purposes of complying with or maintaining compliance with the Clean Air Act (42 U.S.C. 7401 et seq.) shall be for 100 percent of the net project cost of the equipment or facility attributable to compliance with that Act unless the grant recipient requests a lower grant percentage. SEC. 5. TRANSPORTATION FRINGE BENEFITS. (a) In General.--Requirement that agencies offer transit pass transportation fringe benefits to their employees nationwide.-- (1) In general.--Section 3049(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (5 U.S.C. 7905 note; 119 Stat. 1711) is amended-- (A) by striking ``Effective'' and all that follows through ``each covered agency'' and inserting ``Each agency''; and (B) by inserting ``at a location in an urbanized area of the United States that is served by fixed route public transportation'' before ``shall be offered''. (2) Conforming amendments.--Section 3049(a) of such Act (5 U.S.C. 7905 note; 119 Stat. 1711) is amended-- (A) in paragraph (3)-- (i) by striking subparagraph (A); and (ii) by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively; and (B) in paragraph (4) by striking ``a covered agency'' and inserting ``an agency''. (b) Benefits Described.--Section 3049(a)(2) of such Act (5 U.S.C. 7905 note; 119 Stat. 1711) is amended by striking the period at the end and inserting the following: ``, except that the maximum level of such benefits shall be the maximum amount which may be excluded from gross income for qualified parking as in effect for a month under section 132(f)(2)(B) of the Internal Revenue Code of 1986.''. (c) Guidance.--Section 3049(a) of such Act (5 U.S.C. 7905 note; 119 Stat. 1711) is amended by adding at the end the following: ``(5) Guidance.-- ``(A) Issuance.--Not later than 60 days after the date of enactment of this paragraph, the Secretary of Transportation shall issue guidance on nationwide implementation of the transit pass transportation fringe benefits program under this subsection. ``(B) Uniform application.-- ``(i) In general.--The guidance to be issued under subparagraph (A) shall contain a uniform application for use by all Federal employees applying for benefits from an agency under the program. ``(ii) Required information.--As part of such an application, an employee shall provide, at a minimum, the employee's home and work addresses, a breakdown of the employee's commuting costs, and a certification of the employee's eligibility for benefits under the program. ``(iii) Warning against false statements.-- Such an application shall contain a warning against making false statements in the application. ``(C) Independent verification requirements.--The guidance to be issued under subparagraph (A) shall contain independent verification requirements to ensure that, with respect to an employee of an agency-- ``(i) the eligibility of the employee for benefits under the program is verified by an official of the agency; ``(ii) employee commuting costs are verified by an official of the agency; and ``(iii) records of the agency are checked to ensure that the employee is not receiving parking benefits from the agency. ``(D) Program implementation requirements.--The guidance to be issued under subparagraph (A) shall contain program implementation requirements applicable to each agency to ensure that-- ``(i) benefits provided by the agency under the program are adjusted in cases of employee travel, leave, or change of address; ``(ii) removal from the program is included in the procedures of the agency relating to an employee separating from employment with the agency; and ``(iii) benefits provided by the agency under the program are made available using an electronic format (rather than using paper fare media) where such a format is available for use. ``(E) Enforcement and penalties.--The guidance to be issued under subparagraph (A) shall contain a uniform administrative policy on enforcement and penalties. Such policy shall be implemented by each agency to ensure compliance with program requirements, to prevent fraud and abuse, and, as appropriate, to penalize employees who have abused or misused the benefits provided under the program. ``(F) Periodic reviews.--The guidance to be issued under subparagraph (A) shall require each agency, not later than September 1 of the first fiscal year beginning after the date of enactment of this paragraph, and every 3 years thereafter, to develop and submit to the Secretary a review of the agency's implementation of the program. Each such review shall contain, at a minimum, the following: ``(i) An assessment of the agency's implementation of the guidance, including a summary of the audits and investigations, if any, of the program conducted by the Inspector General of the agency. ``(ii) Information on the total number of employees of the agency that are participating in the program. ``(iii) Information on the total number of single occupancy vehicles removed from the roadway network as a result of participation by employees of the agency in the program. ``(iv) Information on energy savings and emissions reductions, including reductions in greenhouse gas emissions, resulting from reductions in single occupancy vehicle use by employees of the agency that are participating in the program. ``(v) Information on reduced congestion and improved air quality resulting from reductions in single occupancy vehicle use by employees of the agency that are participating in the program. ``(vi) Recommendations to increase program participation and thereby reduce single occupancy vehicle use by Federal employees nationwide. ``(6) Reporting requirements.--Not later than September 30 of the first fiscal year beginning after the date of enactment of this paragraph, and every 3 years thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on nationwide implementation of the transit pass transportation fringe benefits program under this subsection, including a summary of the information submitted by agencies pursuant to paragraph (5)(F).''. (d) Effective Date.--Except as otherwise specifically provided, the amendments made by this section shall become effective on the first day of the first fiscal year beginning after the date of enactment of this Act. SEC. 6. CAPITAL COST OF CONTRACTING VANPOOL PILOT PROGRAM. (a) Establishment.--The Secretary of Transportation shall establish and implement a pilot program to carry out vanpool demonstration projects in not more than 3 urbanized areas and not more than 2 other than urbanized areas. (b) Pilot Program.-- (1) In general.--Notwithstanding section 5323(i) of title 49, United States Code, for each project selected for participation in the pilot program, the Secretary shall allow the non-Federal share provided by a recipient of assistance for a capital project under chapter 53 of such title to include the amounts described in paragraph (2). (2) Conditions on acquisition of vans.--The amounts referred to in paragraph (1) are any amounts expended by a private provider of public transportation by vanpool for the acquisition of vans to be used by such private provider in the recipient's service area, excluding any amounts the provider may have received in Federal, State, or local government assistance for such acquisition, if the private provider enters into a legally binding agreement with the recipient that requires the private provider to use all revenues it receives in providing public transportation in such service area, in excess of its operating costs, for the purpose of acquiring vans to be used by the private provider in such service area. (c) Program Term.--The Secretary may approve an application for a vanpool demonstration project for fiscal years 2011 through 2012. (d) Report to Congress.--Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing an assessment of the costs, benefits, and efficiencies of the vanpool demonstration projects.

Providing Gas Price Relief Through Public Transportation Act of 2011 - Authorizes additional FY2011-FY2012 appropriations for formula grants to both urbanized and nonurbanized areas for the operating and capital costs of public transportation (including intercity bus service) equipment and facilities, but only if grant recipients: (1) reduce or do not increase fares, (2) do not reduce service, (3) expand service, (4) acquire clean fuel or alternative fuel vehicle-related equipment or facilities, or (5) establish or expand commuter matching services. Requires a 100% federal share of a grant project involving acquisition of clean fuel or alternative fuel vehicle-related equipment or facilities to comply with the Clean Air Act. Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to direct the Secretary of Transportation (DOT) to issue guidance on nationwide implementation of the transit pass transportation fringe benefits program for federal employees. Directs the Secretary to establish a pilot program to carry out vanpool demonstration projects.

To promote increased public transportation use, to promote increased use of alternative fuels in providing public transportation, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) the city of Sisters, Oregon, faces a public health threat from a major outbreak of infectious diseases due to the lack of a sewer system; (2) the lack of a sewer system also threatens groundwater and surface water resources in the area; (3) the city is surrounded by Forest Service land and has no reasonable access to non-Federal parcels of land large enough, and with the proper soil conditions, for the development of a sewage treatment facility; (4) the Forest Service currently must operate, maintain, and replace 11 separate septic systems to serve existing Forest Service facilities in the city of Sisters; and (5) the Forest Service currently administers 77 acres of land within the city limits that would increase in value as a result of construction of a sewer system. SEC. 2. CONVEYANCE. (a) In General.--As soon as practicable and upon completion of any documents or analysis required by any environmental law, but not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall convey to the city of Sisters, Oregon (hereinafter referred to as the ``city'') an amount of land that is not more than is reasonably necessary for a sewage treatment facility and for the disposal of treated effluent consistent with subsection (c). (b) Land Description.--The amount of land conveyed under subsection (a) shall be 160 acres or 240 acres from within-- (1) the SE quarter of section 09, township 15 south, range 10 west, W.M., Deschutes, Oregon, and the portion of the SW quarter of section 09, township 15 south, range 10 west, W.M., Deschutes, Oregon, that lies east of Three Creeks Lake Road, but not including the westernmost 500 feet of that portion; and (2) the portion of the SW quarter of section 09, township 15 south, range 10 west, W.M., Deschutes County, Oregon, lying easterly of Three Creeks Lake Road. (c) Condition.-- (1) In general.--The conveyance under subsection (a) shall be made on the condition that the city-- (A) shall conduct a public process before the final determination is made regarding land use for the disposition of treated effluent; (B) except as provided by paragraph (2), shall be responsible for system development charges, mainline construction costs, and equivalent dwelling unit monthly service fees as set forth in the agreement between the city and the Forest Service in the letter of understanding dated October 14, 1999; and (C) shall pay the cost of preparation of any documents required by any environmental law in connection with the conveyance. (2) Adjustment in fees.-- (A) Value higher than estimated.--If the land to be conveyed pursuant to subsection (a) is appraised for a value that is 10 percent or more higher than the value estimated for such land in the agreement between the city and the Forest Service in the letter of understanding dated October 14, 1999, the city shall be responsible for additional charges, costs, fees, or other compensation so that the total amount of charges, costs, and fees for which the city is responsible under paragraph (1)(B) plus the value of the amount of charges, costs, fees, or other compensation due under this subparagraph is equal to such appraised value. The Secretary and the city shall agree upon the form of additional charges, costs, fees, or other compensation due under this subparagraph. (B) Value lower than estimated.--If the land to be conveyed pursuant to subsection (a) is appraised for a value that is 10 percent or more lower than the value estimated for such land in the agreement between the city and the Forest Service in the letter of understanding dated October 14, 1999, the amount of equivalent dwelling unit monthly service fees for which the city shall be responsible under paragraph (1)(B) shall be reduced so that the total amount of charges, costs, and fees for which the city is responsible under that paragraph is equal to such appraised value. (d) Use of Land.-- (1) In general.--The land conveyed under subsection (a) shall be used by the city for a sewage treatment facility and for the disposal of treated effluent. (2) Optional reverter.--If at any time the land conveyed under subsection (a) ceases to be used for a purpose described in paragraph (1), at the option of the United States, title to the land shall revert to the United States. (e) Authority to Acquire Land in Substitution.--Subject to the availability of appropriations, the Secretary shall acquire land within Oregon, and within or in the vicinity of the Deschutes National Forest, of an acreage equivalent to that of the land conveyed under subsection (a). Any lands acquired shall be added to and administered as part of the Deschutes National Forest. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary to acquire land within Oregon, and within or in the vicinity of the Deschutes National Forest, of an acreage equivalent to that of the land to be conveyed under this Act, to be added to and administered as part of such National Forest.

A bill to direct the Secretary of Agriculture to convey the city of Sisters, Oregon, a certain parcel of land for use in connection with a sewage treatment facility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science and Technology Emergency Mobilization Act''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) In the aftermath of the terrorist attacks of September 11, 2001, many private-sector technology and science experts provided valuable assistance to rescue and recovery efforts by donating their time and expertise. However, many who wished to help had significant difficulty determining how they could be most useful. They were hampered by the lack of any organizational structure to harness their abilities and coordinate their efforts. (2) A prompt and well-coordinated volunteer base of technology and science expertise could help save lives, aid rescue efforts, and rebuild critical technology infrastructures in the event of a future major terrorist attack, natural disaster, or other emergency. Technology and science expertise also could help minimize the vulnerability of critical infrastructure to future attacks or natural disasters. (3) Police, fire personnel, and other local emergency responders frequently could benefit from timely technological assistance, and efforts to organize a system to assist in locating the desired help should be expedited. (4) Efforts to develop and deploy innovative new technologies for use by government emergency prevention and response agencies would be improved by the designation of a clear contact point within the Federal Government for intake and evaluation of technology ideas. (5) The creation of compatible communications systems would strengthen emergency response efforts of police, fire, and other emergency response personnel to communicate effectively with each other and with their counterparts from nearby jurisdictions. Some programs, such as the Capital Wireless Integrated Network (CapWIN), have made significant progress in addressing the issue of interoperable communications between emergency service providers in particular urban areas and the Federal Government has sought to address the issue through the Public Safety Wireless Networks program. Relatively few States and localities, however, have achieved a sufficient level of communications interoperability. (b) Purpose.--The purpose of this Act is to reinforce, focus, and expedite ongoing efforts to mobilize America's extensive capability in technology and science in responding to the threats posed by terrorist attacks, natural disasters, and other major emergencies, by creating-- (1) a national emergency technology guard or ``NET Guard'' that includes-- (A) rapid response teams of volunteers with technology and science expertise, organized at the local level; and (B) opportunities for NET Guard volunteers to assist with non-emergency tasks related to local preparedness and prevention, including reducing the vulnerability of government information technology systems; (2) a national clearinghouse for innovative civilian technologies relating to emergency prevention and response; and (3) a pilot program to assist state efforts to achieve the interoperability of communications systems used by fire, law enforcement, and emergency preparedness and response agencies. SEC. 3. ESTABLISHMENT OF NATIONAL EMERGENCY TECHNOLOGY GUARD. (a) In General.--Not later than 1 year after the date of enactment of this Act, the President shall designate an appropriate department, agency, or office to compile and maintain a repository database of nongovernmental technology and science experts who have offered, and who can be mobilized, to help Federal agencies counter terrorism. (b) Net Guard Disaster Response Teams.-- (1) Certification procedures.--The President shall also designate an appropriate department, agency, or office (which may be the department, agency, or office designated under subsection (a)) to develop a procedure to encourage groups of volunteers with technological or scientific expertise to team with individuals from State and local governments, local emergency response agencies, and nongovernmental emergency aid, assistance, and relief organizations. (2) Team formation.--The department, agency, or office designated under paragraph (1) may develop and implement a system for facilitating the formation of local teams of such volunteers by helping individuals that wish to participate in such teams to locate and contact one another. (3) Criteria for certification.--The department, agency, or office designated under paragraph (1) shall establish criteria for the certification of such teams, including-- (A) the types of expertise, capabilities, and equipment required; and (B) minimum training and practice requirements, including participation in not less than two emergency drills each year. (4) Certification and credentials.--The department, agency, or office designated under paragraph (1) shall-- (A) certify any group of individuals requesting certification as a NET Guard disaster response team that complies with the procedures established under paragraph (1) and meets the criteria established under paragraph (3); (B) issue credentials and forms of identification as appropriate identifying each such team and its members; and (C) suspend, withdraw, or terminate certification of and recover credentials and forms of identification from any NET Guard disaster response team, or any member thereof, when the head of the entity designated deems it appropriate. (5) Compensation; per diem, travel, and transportation expenses.--The department, agency, or office designated under paragraph (1) may authorize the payment to a member of a NET Guard disaster response team, for the period that member is engaged in performing duties as such member at the request of the United States-- (A) compensation as employees for temporary or intermittent services as experts or consultants under section 3109 of title 5, United States Code; and (B) travel or transportation expenses, including per diem in lieu of subsistence, as provided by section 5703 of title 5. (c) Additional Authorities.--The head of the department, agency, or office designated under paragraph (1) may-- (1) activate NET Guard disaster response teams in an emergency (as defined in section 102(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(1)) or a major disaster (as defined in section 102(2) of that Act); (2) provide for access by team members to emergency sites; and (3) assign, on a voluntary basis, NET Guard volunteers to work, on a temporary basis on-- (A) the development and maintenance of the database described in subsection (a) and the procedures for access to the database; and (B) such other technology related projects to improve emergency preparedness and prevention as may be appropriate. SEC. 4. CENTER FOR CIVILIAN HOMELAND SECURITY TECHNOLOGY EVALUATION. (a) In General.--The President shall establish a Center for Civilian Homeland Security Technology Evaluation within the Executive Branch to evaluate innovative technologies relating to security and emergency preparedness and response and to serve as a national clearinghouse for such technologies. (b) Function.--The Center shall-- (1) serve as a principal, national contact point for the intake of innovative technologies relating to security and emergency preparedness and response; (2) evaluate promising new technologies relating to security and emergency preparedness and response; (3) assure persons and companies that have submitted a technology receive a timely response to inquiries; (4) upon request by Federal agencies consult with and advise Federal agencies about the development, modification, acquisition, and deployment of technology relating to security and emergency preparedness and response; and (5) provide individuals and companies that have submitted information about a technology the ability to track, to the extent practicable, the current status of their submission online. (c) Model.--The Center may be modeled on the Technical Support Working Group that provides an interagency forum to coordinate research and development of technologies for combating terrorism. (d) Internet Access.-- (1) In general.--The President shall create an online portal accessible through the FirstGov Internet website (www.firstgov.gov), or any successor to such website, to provide individuals and companies with innovative technologies a single point of access to the Center and a single point of contact at each Federal agency participating in the Center. (2) Functions.--The Center portal shall-- (A) provide individuals and companies with an online opportunity to obtain information about various open solicitations relevant to homeland security and points of contact for submission of solicited and unsolicited proposals; and (B) include safeguards to ensure that business proprietary information is protected and that no personally identifiable information is accessible to unauthorized persons. (e) Procurement Not Conditioned on Submission.--Nothing in this section requires a technology to be submitted to, or evaluated by, the Center in order to be eligible for procurement by Federal agencies. SEC. 5. COMMUNICATIONS INTEROPERABILITY PILOT PROJECTS. (a) In General.--The President shall establish within an appropriate department, agency, or office a pilot program for planning or implementation of interoperable communications systems for appropriate emergency response agencies. (b) Grants.--The head of the department, agency, or office in which the program is established under subsection (a) shall make grants of $5,000,000 each to seven different States for pilot projects under the program. (c) Criteria; Administrative Provisions.--The head of the department, agency, or office in which the program is established under subsection (a), in consultation with other appropriate agencies, shall prescribe such criteria for eligibility for projects and for grantees, including applications, fund use assurance and accounting, and reporting requirements as the head of the entity deems appropriate. In prescribing such criteria, the head of the department, agency, or office shall consult with the administrators of existing projects designed to facilitate public safety communications interoperability concerning the best practices and lessons learned from such projects. SEC. 6. REPORTS. (a) Wireless Communications Capabilities for First Responders.-- Within 1 year after the date of enactment of this Act, the President shall designate an appropriate department, agency, or office to submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives setting forth policy options for ensuring that emergency officials and first responders have access to effective and reliable wireless communications capabilities. In completing the report, representatives of the commercial wireless industry shall be consulted, particularly to the extent that the report addresses commercial wireless systems. The report shall include an examination of the possibility of-- (1) developing a system of priority access for certain governmental officials to existing commercial wireless systems, and the impact such a priority access system would have on both emergency communications capability and consumer access to commercial wireless services; (2) designating national emergency spectrum to be held in reserve for public safety and emergency purposes; and (3) creating a specialized public safety communications network or networks for use with wireless devices customized for public safety use. (b) In-Kind Donations.--Within 1 year after the date of enactment of this Act, the Federal Emergency Management Agency, in consultation with other appropriate Federal agencies, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a report on the barriers to acceptance by Federal agencies of in-kind donations of technology and services during emergency situations. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) National Emergency Technology Guard.--There are authorized to be appropriated $5,000,000 for each of fiscal years 2003 and 2004 to carry out section 3. (b) Pilot Programs.--There are authorized to be appropriated to the department, agency, or office in which the program is established under section 5(a) $35,000,000 for fiscal year 2003 to carry out section 5 of this Act, such sums to remain available until expended. (c) Report.--There are authorized to be appropriated to the department, agency, or office designated in section 6(a) $500,000 for fiscal year 2003 to carry out section 6(a) of this Act. SEC. 8. EMERGENCY RESPONSE AGENCIES. In this Act, the term ``emergency response agency'' includes agencies providing any of the following services: (1) Law Enforcement services. (2) Fire services. (3) Emergency Medical services. (4) Public Safety Communications. (5) Emergency Preparedness. Passed the Senate July 18, 2002. Attest: JERI THOMSON, Secretary.

Science and Technology Emergency Mobilization Act - Directs the President to designate an appropriate department, agency, or office to: (1) compile and maintain a repository database of nongovernmental technology and science experts who have offered, and who can be mobilized, to help Federal agencies counter terrorism; and (2) develop a procedure to encourage groups of volunteers with technological or scientific expertise to team with individuals from State and local governments, local emergency response agencies, and nongovernmental emergency aid, assistance, and relief organizations. Provides for the certification of such groups as NET (national emergency technology) Guard disaster response teams.(Sec. 4) Requires the President to: (1) establish a Center for Civilian Homeland Security Technology Evaluation to evaluate innovative technologies relating to security and emergency preparedness and response and to serve as a national clearinghouse for such technologies; and (2) create an online portal to provide a single point of access to the Center and a single point of contact at each Federal agency participating in the Center for individuals and companies with innovative technologies.(Sec. 5) Directs the President to establish a pilot program of grants for planning or implementation of interoperable communications systems for appropriate emergency response agencies. Requires grants of $5 million each to seven States under such program.(Sec. 6) Requires the President to designate an appropriate department, agency, or office to submit to specified congressional committees policy options for ensuring that emergency officials and first responders have access to effective and reliable wireless communications capabilities. Requires a report from the Federal Emergency Management Agency on the barriers to acceptance by Federal agencies of in-kind donations of technology and services during emergency situations.(Sec. 7) Authorizes appropriations.

A bill to mobilize technology and science experts to respond quickly to the threats posed by terrorist attacks and other emergencies, by providing for the establishment of a national emergency technology guard, a technology reliability advisory board, and a center for evaluating antiterrorism and disaster response technology within the National Institute of Standards and Technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 2005''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Veterans' Disability Compensation.--Section 1114 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``$106'' and inserting ``$112''; (2) in subsection (b), by striking ``$205'' and inserting ``$218''; (3) in subsection (c), by striking ``$316'' and inserting ``$337''; (4) in subsection (d), by striking ``$454'' and inserting ``$485''; (5) in subsection (e), by striking ``$646'' and inserting ``$690''; (6) in subsection (f), by striking ``$817'' and inserting ``$873''; (7) in subsection (g), by striking ``$1,029'' and inserting ``$1,099''; (8) in subsection (h), by striking ``$1,195'' and inserting ``$1,277''; (9) in subsection (i), by striking ``$1,344'' and inserting ``$1,436''; (10) in subsection (j), by striking ``$2,239'' and inserting ``$2,393''; (11) in subsection (k)-- (A) by striking ``$82'' both places it appears and inserting ``$87''; and (B) by striking ``$2,785'' and ``$3,907'' and inserting ``$2,977'' and ``$4,176'', respectively; (12) in subsection (l), by striking ``$2,785'' and inserting ``$2,977''; (13) in subsection (m), by striking ``$3,073'' and inserting ``$3,284''; (14) in subsection (n), by striking ``$3,496'' and inserting ``$3,737''; (15) in subsections (o) and (p), by striking ``$3,907'' each place it appears and inserting ``$4,176''; (16) in subsection (r), by striking ``$1,677'' and ``$2,497'' and inserting ``$1,792'' and ``$2,669'', respectively; and (17) in subsection (s), by striking ``$2,506'' and inserting ``$2,678''. (b) Additional Compensation for Dependents.--Section 1115(1) of such title is amended-- (1) in subparagraph (A), by striking ``$127'' and inserting ``$135''; (2) in subparagraph (B), by striking ``$219'' and ``$65'' and inserting ``$233'' and ``$68'', respectively; (3) in subparagraph (C), by striking ``$86'' and ``$65'' and inserting ``$91'' and ``$68'', respectively; (4) in subparagraph (D), by striking ``$103'' and inserting ``$109''; (5) in subparagraph (E), by striking ``$241'' and inserting ``$257''; and (6) in subparagraph (F), by striking ``$202'' and inserting ``$215''. (c) Clothing Allowance for Certain Disabled Veterans.--Section 1162 of such title is amended by striking ``$600'' and inserting ``$641''. (d) Dependency and Indemnity Compensation for Surviving Spouses.-- (1) New law dic.--Section 1311(a) of such title is amended-- (A) in paragraph (1), by striking ``$967'' and inserting ``$1,033''; and (B) in paragraph (2), by striking ``$208'' and inserting ``$221''. (2) Old law dic.--The table in paragraph (3) of such section is amended to read as follows: ``Pay grade Monthly rate Pay grade Monthly rate E-1.................................. $1,033 W-4.................... $1,236 E-2.................................. $1,033 O-1.................... $1,092 E-3.................................. $1,033 O-2.................... $1,128 E-4.................................. $1,033 O-3.................... $1,207 E-5.................................. $1,033 O-4.................... $1,277 E-6.................................. $1,033 O-5.................... $1,406 E-7.................................. $1,069 O-6.................... $1,585 E-8.................................. $1,128 O-7.................... $1,712 E-9.................................. $1,1771 O-8.................... $1,879 W-1.................................. $1,092 O-9.................... $2,010 W-2.................................. $1,135 O-10................... $2,2042 W-3.................................. $1,169 ....................... .............. 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,271. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,365.''. (3) Additional dic for children or disability.--Section 1311 of such title is amended-- (A) in subsection (b), by striking ``$241'' and inserting ``$257''; (B) in subsection (c), by striking ``$241'' and inserting ``$257''; and (C) in subsection (d), by striking ``$115'' and inserting ``$122''. (e) Dependency and Indemnity Compensation for Children.-- (1) Dic when no surviving spouse.--Section 1313(a) of such title is amended-- (A) in paragraph (1), by striking ``$410'' and inserting ``$438''; (B) in paragraph (2), by striking ``$590'' and inserting ``$629''; (C) in paragraph (3), by striking ``$767'' and inserting ``$819''; and (D) in paragraph (4), by striking ``$767'' and ``$148'' and inserting ``$819'' and ``$157'', respectively. (2) Supplemental dic for certain children.--Section 1314 of such title is amended-- (A) in subsection (a), by striking ``$241'' and inserting ``$257''; (B) in subsection (b), by striking ``$410'' and inserting ``$438''; and (C) in subsection (c), by striking ``$205'' and inserting ``$218''. (f) Effective Date.--The amendments made by this section shall take effect on December 1, 2005. (g) Special Rule.--The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Veterans' Compensation Cost-of-Living Adjustment Act of 2005 - Increases, as of December 1, 2005, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children.

A bill to increase, effective as of December 1, 2005, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Super Pollutant Emissions Reduction Act of 2013'' or the ``SUPER Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Carbon dioxide is estimated to account for 55 to 60 percent of anthropogenic radiative forcing (or manmade global warming), while the remainder is driven by non-carbon dioxide climate pollutants, primarily short-lived climate pollutants. These short-lived climate pollutants, or ``super pollutants'', have shorter atmospheric lifespans than carbon dioxide but cause much more warming per molecule, and in many cases the emissions are growing much faster than carbon dioxide. (2) Several of the short-lived climate pollutants are also potent air pollutants that harm human health and reduce crop yields. Reducing these pollutants can save thousands of lives every year in the United States and millions globally, while also increasing agricultural production. (3) International efforts to address short-lived climate pollutants are underway, including the Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollutants, led by the Department of State and the United Nations Environment Programme, the Global Methane Initiative, and the negotiation of amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer. (4) Many of the technologies to reduce short-lived climate pollutants already exist, but adoption of such technologies has been slow. (5) The Federal Government has a number of programs and initiatives some of which aim to, or the outcomes of which, reduce emissions of short-lived climate pollutants, but these programs are scattered across multiple agencies and there is insufficient coordination to maximize reductions of these pollutants. In February 2012, the Government Accountability Office published an annual report, ``Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue'', which examined the efficiency and efficacy of government programs, including those that address diesel emissions that contain black carbon, a short-lived climate pollutant. (6) Executive Order 13514 requires Federal agencies to develop plans for reducing hydrofluorocarbons and methane, but few agencies have focused on these compounds in their annual Strategic Sustainability Performance Plans. (7) Because of their short atmospheric lifetimes, reducing global emissions of short-lived climate pollutants can quickly cut the rate of global temperature rise in half, by 2050, and help stabilize global temperatures below 2C above pre- industrial temperatures by 2100, when combined with reductions of global emissions of carbon dioxide. Cutting short-lived climate pollutants along with carbon dioxide can also reduce the rate of projected global sea-level rise by half and total sea-level rise by a third. Steps to reduce short-lived climate pollutants are likely to have air quality and public health benefits as well. (b) Purpose.--The purpose of this Act is to-- (1) coordinate and optimize the Federal Government's existing efforts to address short-lived climate pollutants; (2) reduce overlap and duplication of such efforts; and (3) encourage Federal operations, programs, policies, and initiatives to reduce short-lived climate pollutants by-- (A) ensuring that the coordinated Federal programs are effective and forward-looking in their efforts to control short-lived climate pollutants; (B) ensuring coordination of such Federal operations, programs, policies, and initiatives with State, local, regional, tribal, and industry efforts; and (C) supporting such State, local, regional, tribal, and industry efforts. SEC. 3. TASK FORCE ON SUPER POLLUTANTS. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish the ``Task Force on Super Pollutants'' (referred to in this section as the ``Task Force''). (b) Duties.--The Task Force shall-- (1) review existing and potential policies and measures that promote reduction of short-lived climate pollutants, in part by identifying and evaluating programs and activities of the Federal government that contribute, or could contribute, to such reduction; (2) identify and recommend specific existing Federal programs and activities evaluated under paragraph (1) that are unnecessarily duplicative and can be consolidated to achieve greater efficiency and effectiveness; (3) identify gaps where programs do not exist, and recommend focused programs and activities to fill these gaps to achieve reductions of short-lived climate pollutants, with an emphasis on industry standards and public-private partnerships where possible; (4) identify, compile, evaluate, and develop best practices for reductions of short-lived climate pollutants, including by-- (A) identifying and evaluating both domestic and international best practices and standards practiced and set by governments, industry in each sector listed in subsection (c)(5), standards bodies, and other relevant institutions; and (B) identifying and evaluating cost-effective mitigation projects, strategies, and policies at the State, local, and tribal level, with the greatest potential for reduction of short-lived climate pollutants; and (5) not later than 18 months after the date of enactment of this Act, submit to Congress a report on the findings and recommendations developed under paragraphs (1) through (4). (c) Members.--The task force established under subsection (a) shall include representatives of-- (1) all relevant Federal agencies, including-- (A) the Secretary of Energy; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of the Interior; (D) the Secretary of Transportation; (E) the Secretary of Agriculture; (F) the Secretary of State; (G) the Secretary of Commerce; and (H) the Secretary of Health and Human Services; (2) relevant offices and councils within the Executive Office of the President, including-- (A) the Office of Management and Budget; (B) the Office of Science and Technology Policy; and (C) the Council on Environmental Quality; (3) State, local, and tribal governments or associations; (4) academic and non-governmental organizations with expertise in short-lived climate pollutants; and (5) relevant industry organizations, representing at least the following sectors: (A) Energy supply and transmission, including fossil fuels. (B) Solid waste. (C) Transportation. (D) Chemical manufacturing and user industries. (E) Agriculture. (F) Wastewater. (G) Buildings. (H) Other sectors as determined appropriate by the President. (d) Definition.--In this Act, the term ``short-lived climate pollutant'' means any of the following: (1) Black carbon. (2) Methane. (3) Hydrofluorocarbons. (4) Tropospheric ozone and its precursors. (5) Emissions from banks of ozone-depleting substances.

Super Pollutant Emissions Reduction Act of 2013 or the SUPER Act of 2013 - Requires the President to establish the Task Force on Super Pollutants to: review existing and potential policies and measures that promote reduction of short-lived climate pollutants, in part by identifying and evaluating programs and activities of the federal government that contribute to such reduction; identify and recommend specific existing programs and activities that are duplicative and that can be consolidated to achieve greater efficiency and effectiveness; identify gaps where programs do not exist and recommend focused programs and activities to fill such gaps to achieve reductions of short-lived climate pollutants, with an emphasis on industry standards and public-private partnerships; identify, compile, evaluate, and develop best practices for reductions of short-lived climate pollutants; and report to Congress on its findings and recommendations. Defines "short-lived climate pollutant" as black carbon, methane, hydrofluorocarbons, tropospheric ozone and its precursors, or emissions from banks of ozone-depleting substances.

SUPER Act of 2013